HUD Rule Takes New Approach to Affirmatively Furthering Fair Housing, Faces Criticism from Fair Housing Advocates
Yesterday, HUD released a proposed rule that would reform its regulations relating to the 1968 Fair Housing Act’s requirement that HUD grantees affirmatively further fair housing (AFFH). The proposed rule, once finalized, would replace the AFFH rule published in 2015 under the previous administration.
Just before midnight last night, congressional leaders released the text of a tax package intended to advance this week along with FY 2020 spending legislation released yesterday afternoon. NCSHA, HFAs, other Housing Credit industry allies, and our Senate and House Housing Credit champions had mounted a remarkable campaign to include provisions from the Affordable Housing Credit Improvement Act, S. 1703/H.R. 3077, and the Save Affordable Housing Act, S. 1956/H.R. 3479, in the legislation. Unfortunately, despite our best efforts, the final bill does not include Housing Credit provisions from these bills.
House and Senate leaders have agreed to a deal to provide full-year Fiscal Year (FY) 2020 appropriations for all federal agencies, including HUD and USDA, split into two “minibus” spending packages. The spending deal will fund HUD and USDA housing programs at or above levels proposed by the Senate earlier this year, though not as high as levels proposed by the House prior to the adoption of the bipartisan budget agreement this summer. The HOME Investment Partnerships program (HOME) is funded at $1.35 billion ― less than the $1.75 billion provided in the House version but more than the Senate version which would have flat-funded the program at $1.25 billion. The House this afternoon approved both minibuses and will now send them to the Senate. President Trump is expected to sign both spending packages before the current continuing resolution expires on Friday. Affordable housing program highlights from the spending packages are listed in the blog.
Nearly two-thirds of Qualified Opportunity Funds plan to invest in affordable housing and community development in Opportunity Zones, according to the latest edition of NCSHA’s Opportunity Zone Fund Directory, released today. A total of 196 funds representing nearly $45 billion in anticipated investment ― including 17 new funds ― are listed in this edition. Sixty-four percent (126) of the funds plan to invest in affordable or workforce housing or community revitalization. One year ago, just 22 of the 53 funds in the directory (42 percent) planned investment in this sector.
The Senate Committee on Banking, Housing, and Urban Affairs confirmed Brian Montgomery’s nomination to become Deputy Secretary of HUD earlier today. The committee approved Montgomery, who is HUD Assistant Secretary for Housing and FHA Commissioner and currently also serving as Acting Deputy Secretary, by a voice vote of 20–5.
The Federal Housing Administration yesterday announced the county loan limits for its single-family mortgage insurance programs for 2020 and issued a Mortgagee Letter that increases the minimum loan limit for low-cost areas and the maximum loan limit for high-cost areas.
CohnReznick's Tax Credit Investment Services team has released its 2019 Housing Tax Credit Investments: Investment and Operational Performance report, with updated data on Housing Credit performance based on its survey of syndicators and direct investors, covering 21,000 Housing Credit properties.
The economic value of the Federal Housing Administration’s Mutual Mortgage Insurance Fund showed strong growth in FY 2019, according to FHA’s 2019 Report to Congress.
Today, the Internal Revenue Service published Rev. Proc 2019-44, which provides the per capita and small state minimum levels for the Low Income Housing Tax Credit (Housing Credit) and Private Activity Bonds (PAB). In 2020, states will receive the greater of $2.81 per capita or $3,217,500 in Housing Credit authority, slight increases over the 2019 Housing Credit authority levels of $2.76 per capita or $3,166,875. The per capita PAB volume cap will be $105 per capita, the same amount as in 2019, but the small state minimum for PAB volume cap will increase to $321,775,000 from $316,745,000.
On October 31, NCSHA sent comments to IRS on how it can improve Low Income Housing Tax Credit (Housing Credit) disaster relief guidance provided in Revenue Procedures 2014-49 and 2014-50.