RAD Practice Archives

COVID-19—RAD & Redevelopment Matters

  • October 5: HUD’s REAC published COVID-19 (Inspection Protocols (Inspector Notice No. 2020-01) establishing pre-inspection, inspection, and post-inspection guidelines for all inspections during COVID-19. In addition to REAC's continued suspension of inspections at properties with an elderly tenant population of at least 51%, REAC will require all certified inspectors to undergo COVID-19 testing before conducting their first inspections and will require additional testing every 30-days thereafter.

  • September 18: HUD’s Office of MF Housing and PIH published a joint notice H-2020-09/PIH-2020-26, Rental Assistance Demonstration (RAD) – Supplemental COVID-19 Guidance. It describes the availability of Operating Fund CARES Act funds for public housing properties that have converted or that will convert in Calendar Year 2020 that are still supported through public housing appropriations. It also provides complementary FAQs guidance on new options for remotely conducting RAD-required resident meetings, including 1-on-1 and in small groups instead of larger group meetings. HUD has also posted a recording of a webinar providing an overview and responding to questions about the joint notice.

  • September 4: the Centers for Disease Control and Prevention (CDC) issued an order entitled “Temporary Halt in Residential Evictions to Prevent Further Spread of COVID19.” The order took effect on September 4 when it was published in the Federal Register. The moratorium restricts landlords, including PHAs, from taking any eviction action related to non-payment of rent between September 4, 2020 and December 31, 2020 against any individual who submits the required declaration form.  CLPHA’s counsel Reno & Cavanaugh review details of the moratorium and address some common questions here.

  • July 23: HUD issued Notice H 20-08, stipulating the eligible COVID-19-related costs for which owners/administrators of Section 8 PBRA, Section 202, and Section 811 programs may use available COVID-19 Supplemental Payments (CSP). HUD also set CSP caps for each of these programs and established Tier I Standard Payments requests are allocated based on certain property characteristics for COVID-19 preparation/prevention measures or preliminary outbreak responses; and additional funds under Tier II Exceptional Cost Payments, which cover more extensive COVID-19 outbreak responses. Funding requests are due August 5, 2020.

  • July 6: HUD’s Office of Asset Management and Portfolio Oversight (OAMPO) has issued a memo providing instructions for processing special claims for vacancy for properties affected by COVID-19. 

  • July 1: HUD’s Office of MF Housing offered a brochure to MF owners—including PHAs and their partners managing RAD PBRA properties—on promoting housing stability during pandemic. Separately, HUD published a new notice extending the moratorium on evictions for all HUD-insured or HUD-held mortgages under forbearance along with guidance on tenant protections for multifamily properties not subject to forbearance and those with HUD-assisted units.

  • May 29: RAD Collaborative Q&A—Safely Advancing RAD+ Rehabs

  • May 28: HUD OAMPO published a memo about the department’s release of $800 million of CARES Act supplemental appropriations to approximately 16,500 properties with project-based rental assistance (PBRA) contracts to maintain normal operations intended to help compensate owners for decreased tenant rent payments resulting from reduced tenant income due to the COVID-19 crisis.

  • May 2020: HUD’s Office of Multifamily Housing published a brochure addressing COVID-19 related tenant concerns about paying rent and the eviction moratorium, property conditions and potential scams.

  • April 24: HUD’s Office of Multifamily Housing offered a brochure for residents living in multifamily properties—including RAD PBRA-assisted properties—addressing steps residents can take in case of lost income during the COVID-19 national emergency. It also provides local contact information, and explains the eviction moratorium in the CARES Act.  

  • April 13: HUD published two mortgagee letters: Section 223(f) Underwriting Mitigants for Multifamily Housing Projects due to Economic Impact of COVID-19 Emergency, and Implementation of the Coronavirus Aid, Relief and Economic Security (CARES) Act Forbearance.

  • April 13: IRS published Notice 2020-23 which provides short-term extensions to certain Housing Credit and Housing Bond deadlines due to COVID-19. Specifically the notice allows taxpayers until July 15, 2020 to perform specified time-sensitive actions due to be performed on or after April 1, 2020, and before July 15, 2020. While this notice doesn’t specifically reference the Housing Credit or Housing Bonds, it applies the July 15 deadline to all time-sensitive actions included in IRS Revenue Procedure 2018-58, which includes numerous deadlines related to these programs. These include Housing Credit deadlines on the 10 percent test requirement, the 24 month period for rehabilitation expenditure, annual owner certification of compliance, annual tenant income certification, and  the ten year rule.

  • Although there is a seeming overload of information about more general COVID-19 resources and actions for PHAs and other owners of assisted multifamily housing, Collaborative partners at Reno & Cavanaugh have prepared a helpful compilation here.

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