Property Compliance News Briefs - February 2015

Sunday, February 1, 2015

The Ohio Housing Finance Agency (OHFA) announced that owners will be required to submit the 2014 Annual Owner Certifications through DevCo Online, OHFA’s online management system. Interactive DevCo guides are available online and access to a DevCo help page will be available in February. There were previous issues of incomplete and incorrect 2013 tenant data submission, such as two move-in dates but no move-out date for a unit, and OHFA staff began contacting owners and/or property management companies in January regarding these issues. The 2014 annual owner certification and tenant data will be due April 3. For developments funded only with Housing Trust Funds or that are in extended use, tenant data will not be due until May 1. OHFA will no longer accept the Excel-based compliance tool to report tenant data. All tenant data must be entered directly into the DevCo Online system. The announcement was made during the 2014 Ohio Housing Conference in November 2014.

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The Department of Housing and Urban Development (HUD) announced Dec. 23, 2014, its plans to implement the 2015 HUD Appropriations Actas it relates to the Rental Assistance Demonstration (RAD). HUD is updating Public and Indian Housing (PIH) Notice 2012-32 to incorporate recent statutory changes, as well as to provide policy and program clarifications. Until the PIH is released, HUD released guidance for the program. Such guidance includes that RAD rents will be set according to FY 2014 funding levels; HUD will extend the submission dates for portfolio and multiphase applications accordingly; HUD expects that there will be approximately 8,000 units that will be available to applications not yet submitted; once HUD reaches the cap of 185,000 units, it will maintain a waiting list;, HUD is examining a number of suggestions for streamlining transactions based on feedback received from program participants, which will be addressed through further guidance; and a revision to the RAD Notice will establish program requirements for conversion to Project Based Rental Assistance (PBRA). HUD expects the revision to be published by March 1.

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On Dec. 29, 2014, HUD issued guidelines concerning the use of marijuana in multifamily assisted properties. The notice states that landlords can terminate the tenancy or assistance for any household with a member who uses marijuana. HUD states that federal law trumps state law, citing federal law that forbids the manufacture, distribution or possession of marijuana. In addition, the HUD memo cited the Quality Housing and Work Responsibility Act of 1998, which says that owners of federally assisted housing are required to deny admission to any household with a member who, at the time of application, is using marijuana or any other illegal controlled substance. However, the owners, including public housing agencies, are allowed to terminate the tenancy or assistance for any household with a member who uses marijuana or whose pattern of illegal use interferes with the peaceful enjoyment of the premises by other residents. The memo is available at www.hud.gov.

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