I. How to Find Subsidized Housing Developments
June 3, 2009
Author: Michael Hanley
A. Particular Types of Assisted Housing:
1. HUD Public Housing and Section 8 Housing Choice Vouchers
a. Contact information and number of units:
b. Agency list with numbers of units (choose NY from drop down box):
https://pic.hud.gov/pic/haprofiles/haprofilelist.asp
[Click on agency code number for program details]c. “ Picture of Subsidized Households”
This is a very valuable, detailed analysis of the demographics of the households that live in HUD-assisted housing programs (public housing; HUD multi-family housing; tenant-based assistance programs; etc.), which can also serve as a quick tool for you to bring up a list of all of the HUD projects in your area through the user-friendly website that lets you do searches by city, county, etc. The most recent household demographic data currently available is for the year 2008, but for comparison purposes data for the year 2000 is also available. You might want to look at the earlier data, for example, to see if there has been a change in the racial or income groups being served by a particular housing development or subsidy program. And, for “mappers,” this database is a wonderful resource because it provides “geocodes” (latitude and longitude) for each multifamily housing development, and also for individual public housing developments. For more information on using HUD’s “Picture of Subsidized Households” data, read our accompanying article at:
http://www.empirejustice.org/issue-areas/housing/guide-to-assist-housing-progs/information-on-new-hud-data.html2. HUD Assisted Multifamily Housing Developments
a. A very simple way to find out if a particular housing development is HUD assisted. This database is limited in that it provides little more than the name and address of the development. Still, it’s a great starting point to see if you need to go further. Go to: http://www.hud.gov/apps/section8/step2.cfm?state=NY%2CNewYork
b. The HUD Multifamily Database – http://www.hud.gov/offices/hsg/mfh/exp/mfhdiscl.cfmThat page also includes the link to the “Data Element Dictionary” which you need to make sense of the column headings (“field codes”).
This is a more complete database, but requires some basic database skills to search and use. It is updated quarterly and includes status of Section 8 contracts. When you download the database there will be two separate files. The first file gives the name of each development with all of the financing and management information. The second file identifies the HUD direct subsidy contracts for the development. To use the data in the second file you have to use the ID number from the first file. The file you would download, however, is for the entire nation.
The download includes the entire country, so as you would expect, it is quite large. You may want to sort the records by state make it easier to look for updates to developments in your service area.
c. "Picutre of Subsidized Households" -- see description in section A.1.c. above.
3. Low-Income Tax Credit Developments:
There is a wonderful search engine on the HUD website that lets you find all of the Low-Income Tax Credit properties in a given area. (Data currently only includes developments built up to 2006). Go to: http://lihtc.huduser.org/
Also, as discussed above, there is HUD’s 1998 data in the “Picture of Subsidized Households,” that includes information on only SOME of the LIHTC developments, not all, and therefore should NOT be relied upon. Instead, you can download the newer HUD database file that covers the LIHTC developments up to 2005. Go to: http://www.huduser.org/datasets/lihtc.html#data
To make sense of the field codes, you need to download the “data dictionary” or just open it by clicking on the following icon.
Click on this PDF icon
to view the “data dictionary” explaining the headings (“field codes”) in the LIHTC program.
The HUD database is currently updated to include developments allocated through program year 2005. In New York State, tax credits may be provided either through the NYS Division of Housing and Community Renewal (DHCR) or the NYS Housing Finance Agency (HFA). Separate lists provided by those agencies identify LIHTC developments in New York State that were funded more recently than 2005, but don’t provide as much additional information as the HUD list.
The DHCR LIHTC database for developments funded from 2000 to 2007 is available at: http://www.dhcr.state.ny.us/Programs/LIHC/lihcrpt6.htm
In addition DHCR has a manual explaining the design and operation of the LIHTC program and its relationship to other housing programs at: http://www.dhcr.state.ny.us/Publications/LIHCSpecialNeeds/litctoc.htm
The NYS HFA database is available at: http://www.nyhomes.org/docs/hfafinancedprojectswithlihtcs.pdf
To determine eligibility for LIHTC developments, "Tenant income is calculated in a manner consistent with the determination of annual income under section 8 of the United States Housing Act of 1937, not in accordance with the determination of gross income for federal income tax liability." 26 CFR section 1-42.5(b)(vii). The applicable HUD definition of income is found at 24 CFR Section 5.609. The HUD Handbook for subsidized projects, including section-8 projects, has a long discussion of income in Chapter 5 of HUD Handbook 4350.3. The first paragraph of that chapter references 24 CFR Section 5.609 as the basis for the chapter discussion.
4. Rural Housing Service Developments:
The rural subsidized multifamily housing program (formerly the Farmers Home Section 515 program) is administered by the US Department of Agriculture, Rural Development, and Rural Housing Service. The Rural Housing Program has recently been “re-invented.”
Interim Regulations were published November 26, 2004 (69 Fed Reg 69031-176) and went into effect on February 24, 2005, replacing the old Part 1930 and 1944 lease requirements, occupancy protections and grievance procedures. Regulations and the Guidebook links are set out in Parts II and III respectively.
For a list of the Rural Housing Services multifamily developments in your area, go to: Click Here.
The URL for the link is http://rdmfhrentals.sc.egov.usda.gov/RDMFHRentals/select_county.jsp?st=ny&state_name=NewYork&st_cd=36
The Rural Housing Services housing developments in each of the eleven counties in the LASNNY service area are listed separately in the accompanying Excel database.
New York State has a special state rent subsidy program, the Rural Rental Assistance Program, that operates like the Section 8 project-based subsidy program. It is only available for use in conjunction with the Rural Housing Services developments. See Private Housing Finance Law Article 17-A, and regulations for the RRAP program at 9 NYCRR Part 2800.
See the Guidebook section for a link to the RHS guidebook.
5. NYS Homeless Housing Assistance Program and HUD Section 8 Mod Rehab for SRO housing (McKinney Vento)
Some developments receive state OTDA capital grants for improvements under the state's Homeless Housing Assistance Program.
Although the NYS HHAP program is a capital program, meaning that they provide a one-time grant to fix up the building, it is often coupled with direct rent subsidies under the Section 8 Mod Rehab SRO program. If so, than there would have to be a PHA involved, so you should check your local PHAs to see if the building has a Section 8 Mod Rehab SRO contract. The Section 8 statutory authorization is 42 USC 1437f(i) which was added by Section 441 of the McKinney-Vento Act, see 42 USC11401.
Using the federal HHAP SRO program triggers a higher level of federal requirements in connection with termination from the program. See http://www.hud.gov/offices/cpd/homeless/programs/sro/index.cfm
The applicable regulations are in 24 CFR Part 882, Subpart H, Section 882.801 et seq.
Interpreting these requirements, HUD itself states that, "The SRO program is serving a homeless population; therefore, a restricted reading of the good cause standard is appropriate."
Here's the state’s description of its HHAP program:
____________________________
Homeless Housing and Assistance Program (HHAP)
HHAP was established by Chapter 61 of the Laws of 1983. In June of 1990, a public benefit corporation (HHAC) was established to oversee the program. HHAC is a
subsidiary of the New York State Housing Finance Agency (HFA), and is administered by staff of the New York State Office of Temporary and Disability Assistance (OTDA). HFA issues bonds to finance the costs of developing projects under HHAP. The Board of Members is made up of the Commissioner of OTDA, the Commissioner of HFA, and a third member designated by the Commissioner of OTDA. Currently, the third Board Member is the Commissioner of the Division of Housing and Community Renewal. The Board has general responsibility for the program, including authorizing the President to execute contracts, notes, mortgages, inter-creditor agreements and other instruments.
HHAP provides capital grants and loans to not-for-profit corporations, charitable and religious organizations and municipalities to acquire, construct or rehabilitate housing for persons who are homeless or at risk of homelessness, and are unable to secure adequate housing without special assistance.
Created in 1983 to address homeless issues in various parts of the state, the program funds a broad range of housing options for the very diverse homeless populations in the state’s urban, suburban and rural areas. Program funds are awarded through an annual competitive Request for Proposals process. Applicants and awardees generally have experience in either housing development or management or in the provision of social services.
HHAP was the first program in the country to target substantial financial resources for the development of housing for the homeless, and remains one of the few programs
nationally to focus not only on the provision of housing itself, but also on the delivery of appropriate support services to tenants.
HHAP is a very flexible program, designed to meet local needs. HHAP funds emergency, transitional and permanent supported housing projects for a variety of homeless and homeless special need populations. Special needs populations that have benefited from HHAP funding include, but are not limited to: families; singles; the elderly; the physically disabled; persons with HIV/AIDS; youth, including pregnant and parenting teenagers and adolescents aging out of foster care; victims of domestic violence; the mentally disabled; ex-offenders; and those with a history of substance abuse and/or chemical dependency.
Eligible costs under HHAP include, but are not limited to: architectural/engineering fees, environmental assessments, insurances, taxes, title reports, appraisals, acquisition, construction/rehabilitation, equipment, furniture, professional fees, and reserves.
While HHAP provides the funding necessary to establish a project, it does not provide ongoing operational funding. HHAP grantees must demonstrate the financial feasibility of a project for the contractually mandated period of time, generally between 25 and 30 years.
Since the inception of the program in 1983, the State has appropriated $542 million to support the creation of over 10,000 units of housing. In recent years, the annual HHAP appropriation has been $30 million, with $5 million set aside for the development of housing for persons with HIV/AIDS.
B. HUD Program Descriptions and Sources of Authority
The easiest way to get pretty good program descriptions, which usually include cites to the relevant statutes and regulations, is to go to the “Programs of HUD” guide.
The descriptions in this guide are very helpful when drafting pleadings and memoranda of law.
To view the entire 145-page guide (updated in 2011, and now including a helpful index), click on the following icon:
“Programs of HUD: Major Mortgage, Grant, Assistance and Regulatory Programs 2011”
With respect to particular programs, you will find additional information as described below:
1. Section 8 Project based Subsidy programs: http://www.hud.gov/offices/hsg/mfh/rfp/s8bkinfo.cfm
2. Homeless Assistance:
Supportive Housing, Shelter Plus Care, SRO, and Emergency Shelter Grants
a. Supportive Housing Program, http://www.hud.gov/offices/cpd/homeless/programs/shp/index.cfm
b. Shelter Plus Care Program: http://www.hud.gov/offices/cpd/homeless/programs/splusc/index.cfm
c. Single Room Occupancy Program: (Mod Rehab Section 8): http://www.hud.gov/offices/cpd/homeless/programs/sro/index.cfmand see the SRO “resource exchange” at: http://www.hud.gov/offices/cpd/homeless/library/sro/index.cfm
d. Emergency Shelter Grants Program guidebook: http://hudhre.info/index.cfm?do=viewEsgDeskguide
3. Section 221(d)(3) and (d)(4): http://www.hud.gov/offices/hsg/mfh/progdesc/rentcoophsg221d3n4.cfm4. Section 202 Supportive Housing for the Elderly: http://www.hud.gov/offices/hsg/mfh/progdesc/eld202.cfm
5. Section 811 Supportive Housing for Persons Wiih Disabilities: http://www.hud.gov/offices/hsg/mfh/progdesc/disab811.cfm
6. Miscellaneous HUD Multifamily Program Descriptions (the oddballs): http://www.hud.gov/offices/hsg/mfh/progdesc/progdesc.cfm
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