Compliance Guidelines for HOME-Assisted Units
Ensure accurate population of HOME fields for HOME-assisted units, adhere to lease compliance, and follow certification requirements outlined in 24 CFR 92.504(d)(ii)(C) for property owners. Student eligibility criteria effective from 8/23/13 are also detailed, emphasizing restrictions on student participation in the Section 8 Housing Choice Voucher program.
- Compliance Guidelines
- HOME-Assisted Units
- Lease Compliance
- Student Eligibility
- Certification Requirements
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HOME fields not populated or populated inaccurately for HOME-assisted units HOME fields populated for units that are not designated as HOME-assisted units Be sure to select all HOME fields for Table 1 Excel Export reviews! WBARS does not currently validate for missing HOME fields or HOME fields populated for non HOME- assisted units. 1
Make sure HOME fields are re-populated when moving in a new household to HOME- assisted unit. Make sure leases comply with HOME rules and do not include any prohibited lease terms (see 24 CFR Part 92.253 for details); keep this in mind for households transferring to a HOME-assisted unit, and when you re floating a HOME-assisted unit designation to the household s current unit. 2
24 CFR 92.504(d)(ii)(C): The property owner must annually certify to the participating jurisdiction that each building and all HOME-assisted units in the project are suitable for occupancy, taking into account State and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the participating jurisdiction to meet the requirements of 92.251. To be completed by authorized owner/contractor prior to submission to funder level: assisted units in the project are suitable for occupancy. I, [insert name], certify that each building and all HOME- HOME funder to waive this certification requirement because the units funded with HOME program funding are not considered rental units as per HUD guidelines. I, [insert name], have been given express consent from my 3
Changes Effective 8/23/13: Student Eligibility Income Determinations Lease Prohibitions Utility Allowances 4
Student eligibility, effective 8/23/13: New rule added reference to the Section 8 definition of student eligibility to the definition of eligible Low Income Families for HOME. The Section 8 Housing Choice Voucher program restrictions on student participation exclude any student that: a) Is enrolled as either a part-time or full-time student at an institution of higher education for the purposes of obtaining a degree, certificate, or other program leading to a recognized educational credential; and b) Is under age 24; and c) Is not a veteran of the U.S. military; and d) Is not married; and e) Does not have a dependent child(ren); and f) Is not a person with disabilities, as such term is defined in 3(b)(3)E of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3) ) and was not receiving Section 8 assistance as of November 30, 2005; and g) Is not otherwise individually eligible to receive Section 8 assistance or has parents (the parents individually or jointly) who are not income eligible to receive Section 8 assistance. 5
Excerpt from HOME Applicability Charts published in January 2015: Category #1: requirements to clarify or codify existing requirements The requirements under this section remain substantially unchanged from what was required under the pre-2013 HOME Rule, except that the new Final Rule clarified or codified existing HUD guidance or requirements into regulations. PJs were always required to comply with these requirements, and as such they are applicable to all of the HOME projects in a PJ's portfolio (regardless of when funds were committed). PJs must ensure that their programs and projects comply with these requirements and must correct any instances of noncompliance. CATEGORY #1: REQUIREMENTS TO CLARIFY OR CODIFY EXISTING REQUIREMENTS Applicable to all HOME projects in portfolio (regardless of when funds were committed) Definitions Low and very low-income families (students) 92.2 If tenant currently living in HOME unit is a student who is not part of a low-income family, or does not qualify individually as a low-income family, PJs must correct this non-compliance by treating the tenant as an over-income tenant. 6
HUD provided additional guidance on student eligibility on September 21, 2016, in a notice entitled Eligibility of Independent Students for Assistance Under Section 8 of the U.S. Housing Act of 1937; Additional Supplemental Guidance. This notice brings HUD s guidance into conformity with the updated definition of independent student included in Section 480(d) of the Higher Education Act of 1965 and the U.S. Department of Education s definition. This guidance and HUD s rule focus on students under the age of 24 who are individually seeking to reside in an assisted unit. This notice also includes guidance on how to verify a student s independent status. https://www.federalregister.gov/documents/2016/09/21/2016- 22727/eligibility-of-independent-students-for-assisted-housing-under- section-8-of-the-us-housing-act-of 7
Definition of independent student which now applies: a. The individual is 24 years of age or older by December 31 of the award year; b. The individual is an orphan, in foster care, or a ward of the court or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age of older; c. The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence; d. The individual is a veteran of the Armed Forces of the United States (as defined in subsection (c)(1) of HEA) or is currently serving on active duty in the Armed Forces for other than training purposes; e. The individual is a graduate or professional student; f. The individual is a married individual; g. The individual has legal dependents other than a spouse; h. The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act) (42 U.S.C. 11431 et seq.), or as unaccompanied, at risk of homelessness, and self-supporting, by (i) a local educational agency homeless liaison, designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; (ii) the director of a program funded under the Runaway and Homeless Youth Act or a designee of the director; (iii) the director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) or a designee of the director; or(iv) a financial aid administrator; or i. The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances. 8
Income Determinations: Owners must examine at least two months of source documentation (e.g., wage statements, interest statements or unemployment compensation documentation) when determining household income for all household members. Lease Prohibitions: Mandatory Services in lease permitted only in transitional housing. Utility Allowances: Under the HOME Final Rule, PJs are no longer permitted to use the utility allowance established by the local Public Housing Authority (PHA) for HOME-assisted rental projects for which HOME funds were committed on or after August 23, 2013. Projects to which HOME funds were committed before the effective date of the 2013 HOME Rule may continue to use the PHA utility allowance. HOME Funders will be releasing additional guidance on eligible utility allowance models in 2017. https://www.hudexchange.info/resources/documents/HOMEfires-Vol13-No2-Guidance-on- How-to-Establish-Utility-Allowances-for-HOME-Assisted-Rental-Units.pdf https://www.hudexchange.info/trainings/courses/hud-utility-schedule-model-calculating- utility-allowances-for-home-webinar1/ 9
HUD Exchange HOME Overview: https://www.hudexchange.info/programs/home/ HUD Exchange Resource Library: https://www.hudexchange.info/resources/ 2013 - HOME Final Rule: https://www.hudexchange.info/programs/home/home-final-rule/ 2012 - Building HOME: A HOME Program Primer Training Manual and Slides: https://www.hudexchange.info/resource/2368/building-home-a-home-program-primer/ 2012 Compliance in HOME Rental Projects: A Guide for Property Owners: https://www.hudexchange.info/resource/2395/compliance-in-home-rental-projects-a- guide-for-property-owners/ 2005 - Technical Guide for Determining Income and Allowances for the HOME Program: https://www.hudexchange.info/resource/786/technical-guide-for-determining-income- and-allowances-for-the-home-program/ Still have HOME questions? Review your HOME Funder Regulatory Agreement & Ask your HOME funder! 10
