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R&C Housing Notices

263rd Edition: 1/6/2020-1/10/2020

News of Note

HUD Releases Proposed Affirmatively Furthering Fair Housing Rule
On January 7 , HUD issued a press release including a full copy of its proposed Affirmatively Furthering Fair Housing (AFFH) rule. While not yet published to the Federal Register, the agency proposed a new definition for AFFH and new criteria by which program participants are to be evaluated. R&C's preliminary analysis of the rule, including a blackline of proposed changes to regulatory language and a list of additional questions proposed by HUD can be read here .

U.S. Court of Appeals Dismisses Texas LIHTC and Fair Housing Case


On December 30 , the U.S. Court of Appeals for the Fifth Circuit dismissed a Texas non-profit's case for lack of standing. As part of its ongoing Fair Housing litigation efforts dating back to 2008, the Inclusive Communities Project (ICP) claimed that the Department of Treasury failed to regulate its administration of the LIHTC program in accordance with the Fair Housing Act and the Fifth Amendment. The court vacated the claim citing that, in absence of a final agency action and/or a specific case of intentional discrimination, ICP's claims failed to meet standards for suit.

R&C Welcomes New Associate Jasmine Morgan


For the past 10 years, Jasmine has worked in affordable housing and education. Prior to joining R&C, she worked as the Director of Strategic Growth and Public Affairs for the SEED Foundation,a national nonprofit that opens and supports public, college-preparatory boarding schools for underprivileged students. Born and raised in Washington, DC, Jasmine's work spans a range of affordable housing matters involving bond financing, LIHTC, HUD-financed properties, and Public Housing/Mixed Finance Development.
jmorgan@renocavanaugh.com

Phone: 202-349-2459

Federal Register Notices

60 Day Notice of Proposed Rule Making

Proposed Update to NEPA Procedural Regulations
January 10, 2020
85 FR 1684

The Council on Environmental Quality (CEQ) proposes updates to the procedural provisions of the National Environmental Policy Act (NEPA) for the first time since their promulgation in 1978. This proposed update aims to reduce paperwork and expedite Federal NEPA reviews, modernizing the statute's regulations by codifying relevant guidance and case law. CEQ will hold hearings on February 11, 2020 and February 25, 2020. Comments are due March 10, 2020.
PDF | Text

60 Day Notices of Information Collections

Federal Labor Standards Questionnaire and Compliant Intake Form 4730; OMB Control #2501-0018
January 6, 2020
85 FR 524

HUD seeks OMB approval to revise Federal Labor Standards (FLS) Questionnaire and Compliant Intake Form, to improve the information collected and used by HUD to enforce the FLS requirements and address allegations of FLS violations. The forms impacted include Forms HUD-4730, 4730SP and 4731. Comments are due March 6, 2020.
PDF | Text

24 CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities; OMB Control #2506-0087
January 6, 2020
85 FR 523

HUD seeks OMB approval to revise form HUD-7015.15 to ensure that entities assuming environmental responsibilities do so in compliance with the National Environmental Policy Act (NEPA), related statutes executive orders and applicable authorities in accordance with 24 CFR Part 58. Comments are due March 6, 2020.
PDF | Text

Housing Counseling Federal Advisory Committee (HCFAC); OMB Control #2502-0606
January 6, 2020
85 FR 522

HUD seeks OMB approval for information collection regarding the Membership Application (Form HUD- 90005) for individuals interested in serving under the Housing Counseling Federal Advisory Committee (HCFAC). HUD's Office of Counseling will use the information to select and recommend applicants to be appointed as members of the HCFAC in accordance with The Expand and Preserve Homeownership through Counseling Act. Comments are due March 6, 2020.
PDF | Text

Federal Labor Standards Payee Verification and Payment Processing; OMB Control #2501-0021
January 6, 2020
85 FR 521

HUD seeks OMB approval for information collection regarding agencies administering HUD-assisted programs used to ensure that payee verification and payment processing practices for laborers and mechanics employed on HUD-assisted construction and maintenance work complies with Federal Labor Standards requirements. Comments are due March 6, 2020.
 PDF | Text

24 CFR Part 55, Floodplain Management and Protection of Wetlands; OMB Control #2506-0151
January 6, 2020
85 FR 519

HUD seeks OMB approval to extend currently approved information collection regarding the decision making procedures used to determine financial assistance eligibility for projects located within floodplains. Comments are due March 6, 2020.
PDF | Text

Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program
January 6, 2020
85 FR 518

HUD seeks OMB approval for information collection regarding modifications to the Rent Calculation Worksheet used to determine initial rents for individuals entering the Section 8 Moderate Rehabilitation SRO Program under the renewal HAP contract for the project. Comments are due March 6, 2020.

PDF | Text

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