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HUD/PIH RIN: 2577-AD03 Publication ID: Fall 2017 
Title: ●Housing Opportunity Through Modernization Act of 2016 (FR-6057) 

Through this rule, HUD proposes to codify the changes the Housing Opportunity Act of 2016 (HOTMA) made to the U.S. Housing Act of 1937 that affect the Section 8 Project-Based Rental Assistance (PBRA), Housing Choice Voucher (HCV) and Public Housing programs. The areas most impacted by HOTMA include unit inspections in the HCV program, project-based voucher assistance in the HCV program; income and rent calculations for Public Housing, HCV, and multifamily housing programs, and operating fund and capital fund flexibility in public housing. HUD CPD programs that have mimicked provisions in the U.S. Housing Act of 1937 that were changed by HOTMA will also be affected.

Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 24 CFR 5    24 CFR 92    24 CFR 574    24 CFR 576    24 CFR 583    24 CFR 850    24 CFR 880    24 CFR 882    24 CFR 884    24 CFR 886    24 CFR 891    24 CFR 960    24 CFR 982    24 CFR 983   
Legal Authority: Pub. L. 114-201    130 Stat. 782   
Legal Deadline:  None

Statement of Need:

HOTMA provided HUD the authority to implement some statutory changes by notice, but not all of the changes included that authority. For those changes that were implemented by notice, HUD must make conforming changes to the regulations.

Summary of the Legal Basis:

42 U.S.C. 1437a; 42 U.S.C. 1437f; 42 U.S.C. 3535(d)



Anticipated Costs and Benefits:

Many of the changes included additional flexibilities for public housing agencies (PHAs) and private owners, such as allowing for alternative inspection methods to reduce duplicative inspections, reducing paperwork requirements for project-basing vouchers in PHA-owned properties, and allowing for longer-term housing assistance payments contracts. The rule will also provide for more timely reviews of significant changes in family income to ensure the effective provision of assistance. Compliance costs are expected to be minimal and one-time as PHAs and owners shift their practices to meet the new requirements.


Reduced oversight of unit quality could increase the amount of poor housing quality, but the increased flexibilities will allow HUD, PHAs, and private owners to better direct resources to entities that pose higher risks, improving the overall quality and effectiveness of the programs.

Action Date FR Cite
NPRM  06/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Danielle Bastarache
Deputy Assistant Secretary, Office of Public Housing & Voucher Programs
Department of Housing and Urban Development
Office of Public and Indian Housing
451 Seventh Street SW,
Washington, DC 20410
Phone:202 402-5264