COVID-19 Housing Legislative and Regulatory Asks

The following groups have submitted legislative and/or regulatory asks. Please email Kaitlyn Snyder to add information.

ACTION Campaign

  • One-year extension for:
    • 10 percent test deadlines;
    • placed-in-service deadlines; and
    • rehabilitation expenditure deadlines
  • Enact a minimum 4% Housing Credit rate for bond financed properties

Affordable Housing Tax Credit Coalition

  • Supports ACTION Campaign Requests
  • Change the instructions for the Forms 8609 and 8609-A to allow credits to be taken without an 8609 if there is reasonable cause for the delay, and/or
  • Allow credits to be taken in the year it is earned if an 8609 is received within 30 months of the original return filing or beyond 30 months if the statute of limitations is extended, consistent with the approach used for historic rehabilitation credits.

National Association of Home Builders

  • Urge Congress to temporarily eliminate the payroll tax to provide additional cash reserves to businesses and individuals.
  • Work with HUD and USDA to ensure that federal rental assistance programs are properly funded.
  • Ensure uninterrupted processing of applications for federal mortgage insurance and loan guarantee programs assistance.
  • Provide emergency rental assistance to help those unable to pay their rent due to lost income from COVID-19.
  • Ensure there are no delays to Low-Income Housing Tax Credit (LIHTC) projects that are in the pipeline.
  • Establish a minimum 4% LIHTC rate for acquisition and bond-financed projects, which would provide more certainty and flexibility in financing these properties.
  • Fix Davis-Bacon split wage determinations for FHA-insured multifamily mortgages to provide certainty to lenders and developers.
  • Provide emergency HOME and CDBG funding to stimulate housing construction and public works spending on state and local projects.
  • Let Fannie Mae and Freddie Mac purchase AD&C loans from community banks to help maintain the flow of credit for home building.
  • Provide a one-year extension to the GSE Qualified Mortgage patch to prevent undue disruptions to the mortgage industry.
  • Allow investors to use the FHA203(k) program as a source of financing for renovation activities.
  • Restore new construction approvals in the HUD condo rule to boost the supply of affordable housing.
  • Provide relief for federal business license renewals, training and certification classes affected by the outbreak.
  • Ensure the federal government issues permits and other approvals promptly.
  • Ease the SBA Economic Injury Disaster Loan requirements and allow builders to use these loans for construction of spec homes.
  • Ensure any aid to targeted to industries must be equally available to trade associations of any size that have been financially harmed by the coronavirus pandemic.
  • Consider options to keep home construction active amid government guidelines for work activities.

SAHF, Enterprise, HPN, LISC, OFN, NeighborWorks

  • $2.5 billion appropriation to Capital Magnet Fund
  • $10 billion appropriation to the HOME Program
  • Support for ACTION asks

36 Nonprofits including Habitat for Humanity

  • $60 billion via Small Business Administration’s economic injury disaster loan program and emergency grants to nonprofits that receive grants from federal, state and local entities.
  • Universal charitable deduction through 2021 that taxpayers can claim even if they don’t itemize their deductions.

National Low Income Housing Coalition

  • Significant additional resources for McKinney-Vento Emergency Solutions Grants (ESG) and short-term rental assistance, like the Disaster Housing Assistance Program (DHAP)
  • Medical Respite Care
  • Outreach and Street Medicine
  • Moratorium on sweeps of homeless encampments
  • Moratorium on evictions and foreclosures
  • Rental assistance and eviction prevention
  • Emergency funds for public housing and other HUD housing providers
  • Access to legal services and foreclosure and eviction crisis counseling
  • Increase investments in the national Housing Trust Fund
  • Provide rental assistance via expansion of housing choice vouchers and/or the creations of a targeted renters’ tax credit
  • Prevent evictions by creating a new emergency assistance fund

National Association of Housing and Redevelopment Officials

  • Funding Requests
    • $10 billion for Housing Assistance Payments (HAP) account
    • $1 billion for Admin Fee account
    • $2.5 billion for Operating Fund account
    • $1.5 billion for Capital Fund Account
    • $6.7 billion for PBRA
    • $10 billion for CDBG
  • Fungibility between the HAP, Admin Fee, Operating Fund, and Capital Fund accounts during the next six months
  • Creation and funding of a temporary assistance account for low-income workers who are unable to make rental or mortgage payments during the pandemic
  • Suspension of the Community Service and Self-Sufficiency Requirement
  • Suspension or postponement of all inspections (including Housing Quality Standards and NSPIRE inspections
  • Provide guidance allowing landlords or landlords and tenants to self-certify HQS acceptability
  • Temporary postponement of re-examinations
  • Suspension of re-examination documentation requirements
  • Suspension or postponement of the Section 8 Management Assessment Program (SEMAP) and the Public Housing Assessment System (PHAS)
  • Guidance and best practices documents on moving PHA activities to virtual environments
  • Weekly (or more frequent) stakeholder calls
  • Post dates on guidance published on HUD’s COVID-19 page
  • Extend deadlines for grant applications, regulatory comments, and other regular information collections or submittals
  • Postpone Quality Assurance Division (QAD) reviews
  • Other HUD reviews should be postponed
  • Postponement of obligation and expenditure deadlines
  • Suspension or postponement of alteration requirements of the annual plan
  • Renewal funding for the next fiscal year should not be based solely on voucher expenses as reported through the voucher management system in this year. Allowance must be made for the COVID-19 event.
  • Allowances for low utilization of special purpose vouchers

Council of Large Public Housing Authorities

  • $5 billion for the public housing program
  • $3.5 billion for the housing choice voucher program
  • Statutory and regulatory waivers covering:
    • Inspections;
    • Reporting and data submission requirements;
    • Requirements involving leaving home or large events;
    • Electronic signatures;
    • RAD and other PHA affordable housing transactions;
    • HUD rulemaking;
    • PHAS and SEMAP scoring;
    • Monitoring and reviews; and
    • The MTW Annual Plan & Process.
  • Guidance on:
    • Sending out and receiving resident paperwork such as leases in a remote setting;
    • Determining temporary versus permanent income loss; and
    • Collecting electronic signatures from residents.
  • Waive or suspend the following activities/requirements/regulations until further notice
    • All REAC physical inspections, including NSPIRE sample inspections.
    • Requirements for HQS and UPCS annual inspections to be completed at least once every 12 months and allow for any pending periodic inspections to be postponed indefinitely. (Initial inspections and some complaint inspections may still be completed based on local conditions and restrictions).
    • Requirements for completing annual and interim recertifications/redeterminations within a specific time frame.
    • All scoring – SEMAP and PHAS scoring should not occur for 2020.
    • Management and Occupancy Reviews (MORs) in the multi‐family program.
    • Public Meeting Requirements relating to Annual Plans, etc.
    • Obligations and requirements relating to regular HUD submissions, including PIC, VMS, EPIC, and any and all electronic reporting mechanisms.
    • Extend deadlines for any and all other submissions, including competitive grant applications, grant or other reports, annual plans, etc.

Treasury/IRS Requests from National Council of State Housing Agencies

  • Provide a 12-month extension of the 10% Test deadline for carryover allocations as required by IRC Section 42(h)(1)(E)(ii) and IRS regulation 1.42-6.
  • Provide a 12-month extension of the 24-month minimum rehabilitation expenditure deadline as required by IRC Section 42(e)(3) and IRC Section 42(e)(4).
  • Provide a 12-month extension of the placed in service deadline as required in IRC Section 42(h)(1)(E)(i).
  • Provide at minimum a 12-month extension of the 25-month rehabilitation period currently allowed under IRS Revenue Procedures 2014-49 and 2014-50 to properties that suffered a casualty loss due to a Presidentially declared major disaster. State Housing Credit agencies should be allowed to set restrictions within this period.
  • Provide a 12-month extension of the year-end deadline for property restoration (CITE) for any property that suffers a casualty loss not associated with a major disaster during 2020 (until December 31, 2021). State Housing Credit agencies should be allowed to set restrictions within this period.
  • Provide a 12-month moratorium on both physical inspections and tenant file reviews as required by IRS regulation 1.42-5. State Housing Credit agencies should continue to monitor emergency work orders during this time, and should be allowed to continue or resume inspections depending on their assessment of the situation in their state and their ability to do so, but there should be no penalty for states or owners if inspections are not completed during this time.
  • Provide a 12-month moratorium on tenant income recertification requirements. State Housing Credit agencies should be allowed to continue or resume recertifications depending on their assessment of the situation in their state and their ability to do so.
  • Provide a 12-month extension for all open noncompliance corrective action periods. State Housing Credit agencies should be allowed to reinstate deadlines depending on their assessment of the situation in their state and their ability to do so.
  • Suspend the yet-to-be implemented IRS regulation 1.42-5 which will increase the number of required compliance monitoring physical inspections even further than required under current regulations and exacerbate the inspection backlog.
  • Provide guidance clarifying that the temporary closure of property amenities and common space facilities during the duration of the crisis (with the exception of laundry facilities) will not negatively impact a property’s eligible basis and result in loss of Credits.

CCIM Institute/Council for Affordable and Rural Housing/Institute of Real Estate Management/Manufactured Housing Institute/National Affordable Housing Management Association/National Apartment Association/National Association of Home Builders/National Association of Housing Cooperatives/National Association of REALTORS/National Leased Housing Association/National Multifamily Housing Council

  • Emergency Rental Assistance Fund to help families struggling to afford rent and utilities
  • Supplemental financial assistance for both HUD and Rural Housing Service programs
  • Caution policymakers against imposing blanket eviction moratorium
  • Provide support to rental property owners such as forbearance and other financial obligations (taxes, insurance etc.)