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2009 Notices, Rules and Regulations

Overview

Below is a list of PIH notices which provide guidance, extensions, instructions, clarifications, announcements and other policy information.

PIH Notices by year:

Current Year > 2008 > 2007 > 2006 > 2005 > 2004 > 2003 > 2002 > 2001 > 2000 > 1999 > 1998 > 1997 > 1996 > 1994-1995

2009 Notices

Notice Issued/Expires Purpose
PIH 2009-52 (HA)
(MS-Word)
Issued: Dec. 15, 2009
Expires: Dec. 31, 2010

This Notice provides guidance to public housing agencies (PHAs) in the case of foreclosures, regarding new protections for tenants with Section 8 assistance that was recently enacted into law [...]

PIH 2009-51 (HA)
(MS-Word)
Issued: Dec. 11, 2009
Expires: Dec. 31, 2010
This Notice provides guidance on rent reasonableness requirements in the Housing Choice Voucher (HCV) program, including what constitutes an unassisted as opposed to an assisted unit. An assisted unit is a unit that is assisted under a Federal, State, or local government program.
PIH 2009-50 (ONAP)
(MS-Word)
Issued: Dec. 3, 2009
Expires: Dec. 31, 2010
The purpose of this Notice is to provide information on how HUD will address amendments made to the Native American Housing Assistance and Self-Determination Act (NAHASDA) by the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, and earlier statutory amendments to NAHASDA.
PIH 2009-49 (ONAP)
(MS-Word)
Issued: Dec. 2, 2009
Expires: Dec. 31, 2010
This Notice reissues, with a few minor additions, PIH Notice 2007-32 and provides specific guidance on the use of the Line of Credit Control System (LOCCS) and the Voice Response System (VRS) for the Indian Housing Block Grant (IHBG) program. This Notice includes guidance for both the grant recipient and the Office of Native American Programs (ONAP) staff. This Notice includes changes to the previous Notice to bring the information current.
PIH 2009-48 (HA)
(MS-Word)
Issued: Nov. 25, 2009
Expires: Nov. 30, 2010
The Department is issuing this Notice to assist public housing authorities' (PHAs) understanding and administration of the mandated Community Service and Self-Sufficiency Requirement (CSSR) and in response to an audit report issued by the Office of Inspector General on March 24, 2008. [...]
PIH 2009-47 (HA)
(MS-Word)
Issued: Nov. 19, 2009
Expires: Nov. 30, 2010
This notice provides public housing agencies (PHAs) with instructions for operating subsidy calculation submissions in Calendar Year (CY) 2010 as funded from Federal Fiscal Year (FFY) 2010 appropriations.

PIH 2009-46
(MS-Word)

 -   Form
 -   Instructions
 -   FFR Attachment
 -   FFR Attachment Instructions
Issued: Nov. 16, 2009
Expires: Nov. 30, 2010
The purpose of this guidance is to inform tribes, tribally designated housing entities (TDHE), and the Department of Hawaiian Home Lands (DHHL) of the new Federal form that must be used to submit financial information on Federal grants. [...]
PIH 2009-45 (HA)
(MS-Word)
Issued: Nov. 6, 2009
Expires: Nov. 30, 2010
This Notice provides detailed instructions to public housing agencies (PHAs) in Louisiana and Mississippi who are eligible to combine Housing Choice Voucher and public housing operating and capital funds under section 901 of 2006 emergency supplemental appropriations, on how to submit calendar year (CY) 2009 Notices of Intent and Fungibility Plans. This flexibility was extended by 2008 emergency and supplemental appropriations to include CY 2006, 2007, 2008 and 2009. New for 2009 are additional submission requirements for plans that include new housing development activities.
PIH 2009-44 (HA)
(MS-Word)
Issued: Oct. 23, 2009
Expires: Oct. 31, 2010
This notice provides guidance on actions public housing agencies (PHA) may take to address financial shortfalls by reducing costs in the HCV program. This notice also provides information on the circumstances under which a PHA may deny a move under 24 CFR 982.314(e)(1) or terminate a housing assistance payments (HAP) contract under 24 CFR 982.454 as a result of insufficient funding. This notice replaces the notices cited above.
PIH 2009-43 (HA)
(MS-Word)
Issued: Oct. 16, 2009
Expires: Oct. 31, 2010
This Notice strongly encourages Public Housing Agencies (PHAs) to use solar, wind, geothermal/ground coupled heat pumps and other renewable energy sources, and other "green" construction and rehab techniques whenever they procure for maintenance, construction, or modernization. This Notice defines green building principles for construction practices in Public Housing, identifies the benefits of green construction and rehabilitation practices and products, and identifies expertise that is available to provide valuable assistance for implementing such practices [...]
PIH 2009-42 (HA)
(MS-Word)
Issued: Oct. 13, 2009
Expires: Oct. 31, 2010
The purpose of this Notice is to provide guidance to PHAs on preparing the market analyses for public housing property required as part of a voluntary conversion assessment under 24 C.F.R. ? 972.218(b) of the voluntary conversion rule. These market analyses will assist PHAs in evaluating their recapitalization options, including how rehabilitation and the proposed use of the property (as public, assisted, or market-rate housing) that may affect a property's value.
PIH 2009-41 (HA)
Issued: Oct. 5, 2009
Expires: Oct. 31, 2010
This notice provides instructions for submitting requests for regulatory waivers in compliance with the Department of Housing and Urban Development (HUD) Reform Act of 1989. Waivers are relief from strict regulatory compliance upon a finding of good cause, subject to statutory limitations and waiver procedures pursuant to 24 CFR 5.110. [...]
PIH 2009-40 (HA) Issued: Sep. 29, 2009
Expires: Sep. 30, 2010
This Notice explains how HUD will distribute FY 2009 HCV/FSS Administrative Fee funding to public housing agencies (PHAs).
PIH 2009-39 (HA) Issued: Sep. 25, 2009
Expires: Sep. 30, 2010
This notice reiterates HUD's long-standing policy that public housing agencies (PHAs) may not charge application fees to persons or families applying for the Public Housing (PH) or Housing Choice Voucher (HCV) Programs. [...]
PIH 2009-38 (HA)
Issued: Sep. 22, 2009
Expires: Sep. 30, 2010
This notice reimposes the requirement that a public housing agency (PHA) shall provide one copy of the completed audit report package and the Management Letter issued by the Independent Auditor (IA) to the local HUD field office having jurisdiction over the PHA.
PIH 2009-37 (HA)
Issued: Sep. 24, 2009
Expires: Sep. 30, 2010
This Notice clarifies that the ARRA one-time $250 recovery payment to beneficiaries of Social Security (SS), Supplemental Security Income (SSI), certain railroad retirement programs, and Veterans retirement and disability programs, are not included as income when an income determination is calculated during mandatory interim and annual reexaminations. Exclusions from annual income calculations includes temporary, nonrecurring or sporadic income pursuant to 24 CFR 5.609(c)(9). However, the ARRA provision for a weekly $25.00 increase in unemployment benefits is calculated as income when annual income determinations are calculated.
PIH 2009-36 (HA)
Issued: Sep. 15, 2009
Expires: Sep. 30, 2010
The purpose of this Notice is to provide guidance to owners and management agents (O/As) and Public Housing Agencies (PHAs) on implementation of the requirements of Section 644 of the Housing and Community Development Act of 1992 (Section 644). Under Section 644, O/As and PHAs must provide applicants as part of their application for housing, the option to include information on an individual or organization that may be contacted to assist in providing any delivery of services or special care to applicants who become tenants and to assist with resolving any tenancy issues arising during tenancy.
PIH 2009-35 (HA) Issued: Sep. 9, 2009
Expires: Sep. 30, 2010
The purpose of this Notice is to reiterate current regulatory requirements and strongly encourage the establishment of standards and processes with a zero tolerance approach to prevent lifetime sex offenders from receiving federal housing assistance. [...]
PIH 2009-34 (HA) Issued: Sep. 8, 2009
Expires: Sep. 30, 2010
This notice provides certain information related to the submission of audits and financial statements for public housing agencies (PHAs) for PHA fiscal years ending June 30, 2008, September 30, 2008, December 31, 2008, and March 31, 2009. The information contained in this notice supplements the instructions provided in a prior Federal Register notice, published August 21, 2008, Public Housing Assessment System (PHAS): Asset Management Transition Year Information and Uniform Financial Reporting Standards (UFRS) Information (FR-5227-N-01). [...]
PIH 2009-33 (HA) Issued: Sep. 2, 2009
Expires: Sep. 30, 2010
This Notice describes the Capital Fund Program awards for FY 2009 including the Capital Fund Program formula grant and, where applicable, the Replacement Housing Factor (RHF) grant(s) for your public housing agency (PHA). [...]
PIH 2009-32 (HA) Issued: Aug. 26, 2009
Expires: Aug. 31, 2010
This notice provides information for public housing agencies (PHAs) that wish to submit documentation of successful conversion to asset management in order to discontinue their reduction in operating subsidy under the Operating Fund Program regulations (24 CFR part 990), commonly referred to as the "stop-loss" provision. This notice applies only to PHAs that: (1) lose funding under the new formula; and (2) wish to submit documentation in accordance with the requirements for Year 4.
PIH 2009-31 (HA) Issued: Aug. 21, 2009
Expires: Aug. 31, 2010
This notice provides implementation guidance, including the process for applying exceptions, for the Buy American requirement imposed by section 1605 of Title XVI of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (the Recovery Act) for the Public Housing Capital Fund Recovery Formula and Competition (CFRFC) Grant Programs within the Office of Public and Indian Housing (PIH). This notice is referred to as PIH Implementation Guidance for the Buy American Requirement.
PIH 2009-30 (ONAP) Issued: Aug. 19, 2009
Expires: Aug. 31, 2010
This Notice extends for another year Notice PIH 2008-32 (ONAP), Recipient Inspection of Housing Units Assisted under the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA) and Those Assisted Under the United States Housing Act of 1937, which will expire on August 31, 2010.
PIH 2009-29 (HA) Issued: Aug. 19, 2009
Expires: Aug. 31, 2010
This notice offers eligible public housing agencies (PHAs) the opportunity to apply for admission to the Moving to Work (MTW) demonstration program. MTW allows PHAs to design and test innovative, locally designed housing and self-sufficiency strategies for low-income families by permitting PHAs to combine assistance received under Sections 8 and 9 of the United States Housing Act of 1937 (1937 Act) into a single agency-wide funding source and by allowing exemptions from existing public housing and Housing Choice Voucher (HCV) program rules, as approved by the United States Department of Housing and Urban Development (HUD). [...]
PIH 2009-28 (HA) Issued: Aug. 14, 2009
Expires: Aug. 31, 2010
This notice serves to: (1) remind PHAs of their continuing legal responsibility to ensure that a current DOT is recorded against all of their public housing property; (2) require PHAs to be in full compliance with DOT requirements within 12 months of the date of PHAs' next fiscal year beginning with PHAs with fiscal years commencing on October 1, 2009; and (3) provide guidance on adding and removing public housing units and other property from the ACC. For purposes of this notice, all public housing projects, Asset Management Projects (AMPs) and other property that has been acquired, developed, maintained, or assisted with Act funds is referred to as "public housing property."
PIH 2009-27 (TDHEs)

Related Attachment:
 -   Total Development Cost Limits
Issued: Aug. 10, 2009
Expires: Aug. 31, 2010
This Notice supersedes Notice PIH 2008-34 (TDHEs), same subject, dated August 20, 2008. This Notice transmits the updated schedule for the maximum amount of funds that may be used for affordable housing under NAHASDA. The requirement for the development and implementation of these limits is found at 24 CFR 1000.156 through 1000.162 of the Indian Housing Block Grant (IHBG) regulations published in the Federal Register on September 28, 2001, and effective October 29, 2001.
PIH 2009-26 (HA) Issued: Aug. 4, 2009
Expires: Aug. 31, 2010
This Notice announces the process that HUD will utilize to award funds from the FY 2009 Housing Assistance Payments (HAP) set-aside that have not been awarded under the procedures previously set forth in Notice PIH 2009-13. The set-aside funds are provided in the "Omnibus Appropriations Act, 2009" (Public Law 111-8), referred to hereinafter as "the 2009 Act," enacted on March 11, 2009. The 2009 Act establishes a $100 million dollar set-aside from the HAP renewal account for specific purposes.
PIH 2009-25 (HA) Issued: July 30, 2009 Expires: July 31, 2010 This Notice serves to provide energy investment guidance to public housing agencies (PHAs) regarding the American Recovery and Reinvestment Act of 2009 (Recovery Act). Additional information can be obtained on the Office of Capital Improvements Recovery Act Information page.
PIH 2009-24 (HA) Issued: July 23, 2009 Expires: July 31, 2010 PIH Notice 2007-15 (HA) is extended for another year, which was previously extended for one year by 2008-27. This notice provides guidance to public housing agencies (PHAs) regarding the creation and use of affiliates and instrumentalities so to participate in Public and Indian Housing programs under the United States Housing Act of 1937. Affiliates and instrumentalities may participate in mixed-finance developments subject to Annual [...]
PIH 2009-23 (HA) Issued: July 21, 2009 Expires: July 31, 2010 This Notice extends Notice PIH 2008-10 (HA), which expired on January 31, 2008. The Notice reiterates the streamlined requirements for designating public housing projects for occupancy by elderly families only, disabled families only, or elderly and disabled families only.
PIH 2009-22 (HA) Issued: July 21, 2009 Expires: July 31, 2010 The purpose of this Notice is to extend and revise Notice PIH 2008-20 (HA). Specifically, the last paragraph under 1.A. in regard to occasional, intermittent, multiple or rotating care givers has been modified and section 1.C. has been added in regard to reasonable accommodation issues.
PIH 2009-21 (HA) Issued: July 17, 2009 Expires: July 31, 2010 This notice strongly encourages Public Housing Authorities (PHAs) to implement non-smoking policies in some or all of their public housing units. According to the American Lung Association, cigarette smoking is the number one cause of preventable disease in the United States. The elderly and young populations, as well as people with chronic illnesses, are especially vulnerable to the adverse effects of smoking. This concern was recently addressed by the Family Smoking Prevention and Tobacco Control Act, P.L. 111-31, signed by the President on June 22, 2009. Because Environmental Tobacco Smoke (ETS) can migrate between units in multifamily housing, causing [...]
PIH 2009-20 (HA) Issued: July 17, 2009 Expires: July 31, 2010 This notice provides guidance on the implementation of the asset-repositioning fee (ARF) pursuant to 24 CFR ? 990.190(h) and on re-occupying public housing units proposed or approved for demolition, disposition, or transition to homeownership. A PHA that transitions projects or entire buildings of a project out of its public housing inventory is eligible for an asset-repositioning fee. This fee supplements resources available with administration and management of demolition or disposition, tenant relocation, and minimum protection and service associated with such efforts. The ARF is not intended for individual units within a multi-unit building undergoing similar activities.
PIH 2009-19 (HA) Issued: June 30, 2009
Expires: June 30, 2010
This Notice extends Notice PIH 2008-26 (HA), same subject, which expires on June 30, 2009; for another year until June 30, 2010. Notice 2008-26 clarifies the exclusion of temporary employment payments by the U.S Census Bureau pursuant to 24 CFR 5.609(c)(9).
PIH 2009-18 (HA) Issued: June 22, 2009
Expires: June 30, 2010
This notice provides clarification on the applicability of State and local laws in the Housing Choice Voucher (HCV) Program regarding termination of tenancies by the owner for other good cause at 24 CFR 982.310.
PIH 2009-17 (FR) [Docket Number FR-5335-N-01]
Dated: June 18, 2009
Through this notice, HUD seeks to ensure that individuals or entities that participate in HUD programs or with whom HUD interacts through its programs are aware of obligations imposed on immediate successors of interest in any residential property pursuant to a foreclosure to provide tenants residing in such property, including but not limited to tenants with section 8 rental assistance, with at least 90 days advance notice of the need to vacate the property, where the successor desires to have the tenants vacate. In addition, except for purchasers who will occupy [...]
PIH 2009-16 (HA) Issued: June 12, 2009
Expires: June 30, 2010
This Notice serves to reinstate and update the content of PIH Notice 2008-22 and provide supplementary guidance regarding retained surcharge savings, approval processing for terms up to 20 years, and the applicability of small purchase procedures for Energy Performance Contracts (EPCs).
PIH 2009-15 (HA) Issued: May 18, 2009
Expires: May 31, 2010
The purpose of this Notice is to inform public housing agencies (PHAs) and Tribally Designated Housing Entities (TDHEs) about Integrated Pest Management (IPM). Reference materials on IPM are located at paragraph seven of the referenced notice. PHAs provide decent, safe, sanitary and affordable housing to more than one million families. Pest problems routinely rate as one of the top concerns by residents.
PIH 2009-14 (TDHEs) Issued: May 18, 2009
Expires: May 31, 2010
The purpose of the Notice is to implement a Micro Purchase threshold for the IHBG program.
PIH 2009-13 (HA) Issued: May 6, 2009
Expires: May 31, 2010
This Notice implements the Housing Choice Voucher (HCV) program funding provisions resulting from enactment of the "Omnibus Appropriations Act, 2009" (Public Law 111-8), referred to hereinafter as "the 2009 Act," enacted on March 11, 2009. The 2009 Act establishes the allocation methodology for calculating housing assistance payments (HAP) renewal funds, new incremental vouchers and administrative fees.
PIH 2009-12 (HA) Issued: March 18, 2009
Expires: March 31, 2010
This Notice provides processing information for PHAs regarding the allocation of the $3 billion in formula funds; a Notice of Funding Availability (NOFA) for the award of the $1 billion competitive grant funds will be issued separately. FY 2009 Capital Fund Formula Grants will also be provided through a separate process.
PIH 2009-11 (HA) Issued: March 16, 2009
Expires: March 31, 2010
As noted in section J of the Implementation of the HUD-Veterans Affairs Supportive Housing (HUD-VASH) Program (Operating Requirements) published in the Federal Register on May 6, 2008, the Department will consider, on a case-by-case basis, requests from a public housing agency (PHA) to project-base HUD-VASH vouchers in accordance with 24 CFR part 983. The purpose of this Notice is to provide guidance to those PHAs that were awarded HUD-VASH vouchers that are interested in project-basing a portion of these vouchers.[...]
PIH 2009-10 (HA) Issued: March 5, 2009
Expires: March 31, 2010
This notice updates annual instructions to public housing agencies (PHAs) and field offices for appeals pursuant to 24 CFR part 990, the Public Housing Operating Fund Program, Subpart G, for calendar year (CY) 2009.
PIH 2009-9 (HA) Issued: March 5, 2009
Expires: March 31, 2010
This Notice updates guidance encouraging ENERGY STAR as the standard for Public Housing Agencies (PHAs). Purchase of ENERGY STAR -labeled products, adoption of the whole-house approach Home Performance with ENERGY STAR, which emphasis a holistic approach to building performance and construction of ENERGY STAR qualified residential structures (HOPE VI), by PHAs support the goals of the President's National Energy Policy by reducing the burden of public housing energy costs while increasing comfort and reducing health risks to public housing residents.
PIH 2009-8 (HA) Issued: Feb. 24, 2009
Expires: Feb. 28, 2010
This notice informs DVP administering public housing agencies (PHAs) that the DVP has been extended beyond the previously projected end date of February 28, 2009, for all pre-disaster public housing, project-based and pre-disaster homeless and special needs housing families currently receiving DVP assistance.
PIH 2009-7 (TDHEs) Issued: March 5, 2009
Expires: March 31, 2010
This Notice reissues Notice PIH 2006-28 (TDHEs), same subject, which transmitted the depository agreements forms to be used when investing IHBG funds; form HUD-52736-A (10/2004) for banking accounts and form HUD-52736-B (10/2004) for brokers/dealers. The Notice clarified when to use depository forms and when tribes or tribally designated housing entities may utilize brokers in the investment of IHBG funds under 24 CFR 1000.58.
PIH 2009-6 (TDHEs) Issued: March 5, 2009
Expires: March 31, 2010
This Notice reissues Notice 99-4, which establishes the basis upon which the Department will determine if a recipient of Indian Housing Block Grant (IHBG) funds, as authorized by the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 (Pub. L. 104-330, as amended), has the administrative capacity to draw down IHBG funds for investment purposes.
PIH 2009-5 (TDHEs)
 -   Extension Notice
Issued: Jan. 26, 2009
Expires: Jan. 31, 2010
The purpose of this Notice is to remind tribes and tribally designated housing entities (TDHEs) who are recipients of federal funds of their obligation to comply with pertinent laws and implementing regulations that provide for non-discrimination and accessibility in federally funded housing and non-housing programs for people with disabilities. Additionally, this Notice clarifies certain information in Notice PIH 2002-01 (HA), Accessibility Notice: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968; and the Fair Housing Act of 1988, as it applies to HUD's Native American programs specifically. Both PIH 2002-01(HA) and this Notice are equivalent in their instructions; however, this Notice outlines the provisions of PIH 2002-01 that apply only to HUD's Native American Programs.
PIH 2009-4 (IHBG)
 -   Extension Notice
Issued: Jan. 26, 2009
Expires: Jan. 31, 2010
This Notice reissues Notice PIH-2006-34 (TDHEs) and explains when tribes or tribally designated housing entities (TDHEs) (referred to in this Notice as ?Tribe?) may limit housing assistance to Indian families or tribal members. This notice outlines how the requirements are different if only IHBG funds are used or if IHBG funds are leveraged or combined with funds from other sources.
PIH 2009-3 (HA) Issued: Jan. 16, 2009
Expires: Jan. 31, 2010
This Notice informs public housing agencies (PHAs) in Louisiana and Mississippi who are eligible to combine Housing Choice Voucher and public housing operating and capital funds under section 901 of 2006 emergency supplemental appropriations that this flexibility has been extended to include calendar years (CY) 2006, 2007, 2008 and 2009.
PIH 2009-2 (HA) Issued: Jan. 16, 2009
Expires: Jan. 31, 2010
This notice provides guidance regarding the calculation of transition funding under the Operating Fund Program for Calendar Year (CY) 2009. The purpose of this notice is to provide public housing agencies (PHAs) with the necessary information for proper budget and program planning.
PIH 2009-1 (PHA)
 -   Extension Notice
Issued: Jan. 2, 2009
Expires: Jan. 31, 2010
This Notice extends Notice PIH 2008-02 (PHA), same subject, will expire on January 4, 2009, for another year, until January 4, 2010. The purpose of this Notice is to provide guidance on the factors that HUD will consider in determining whether to consent to a taking of public housing property that was developed/acquired by, or is maintained with funds from the United States Housing Act of 1937 by a governmental or quasi-governmental body using eminent domain authority.


PIH Notices by year:

Current Year > 2008 > 2007 > 2006 > 2005 > 2004 > 2003 > 2002 > 2001 > 2000 > 1999 > 1998 > 1997 > 1996 > 1994-1995