HUD has published the long-awaited final rule for the Housing Opportunity through Modernization Act of 2016 (HOTMA) Sections 101, 105, 106, and 112. The final rule includes provisions that streamline regulations for the Housing Choice Voucher (HCV) and the Project-Based Voucher (PBV) programs. Compliance dates vary based on provision and are listed in the notice.
- Section 101 – inspection requirements of units, pertaining to Housing Quality Standards (HQS) and the NSPIRE final rule.
- Section 105 – provides a definition of a “PHA-owned unit.”
- Section 106 – Project-Based Voucher (PBV) regulatory amendments on PBV program cap, PBV units not subject to project cap or program cap, PBV project cap, HAP contracts for PBV projects, site-based waiting lists, and more.
- Section 112 – manufactured home space rental HAP calculations
- Other notable amendments – refined Davis-Bacon wage requirements, referencing obligations under Section 504 of the Americans with Disabilities Act (ADA), allowing PHAs the option to use Small Area Fair Market Rents (SAFMRs) in the HCV program, clarifying requirements of PHAs’ Annual Plans, and more.
CLPHA is currently analyzing the 400+ page final rule and will provide a more detailed analysis of the final rule soon.
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