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HUD Housing Programs: Tenants’ Rights (The Green Book): 1.6.1 Federal Housing Policies and Programs for Native Americans

Background. In 2018, there were 567 federally recognized Indian Tribes.422 About 5.2 million U.S. residents report they are American Indians and Alaska Natives.423 Tribes are unique in that they are sovereign governments with governmental immunity under the Constitution, treaties, and other federal enactments. However, the federal government has various financial obligations to Tribes under treaties and its overall trust responsibility.

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.7.1 Community Development Block Grant (CDBG) Program

Since 1974, the federal government has provided formula grants through the Community Development Block Grant program (CDBG) to states and local governments to develop viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, primarily for the benefit of low- and moderate-income people.498 The regulations derive the definition of low- and moderate-income from the Section 8 low-income limit established by HUD (80 percent of AMI).499

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.7.2 Choice Neighborhoods

In FY 2010 HUD created the Choice Neighborhoods Initiative (CNI), as a successor to the HOPE VI program, to upgrade a broad range of infrastructure components, including transportation, schools, jobs and economic activity, in neighborhoods that contain public and assisted housing, so that the neighborhoods will be ones in which people will choose to live.

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.7.3 The HOME Investment Partnerships Program (HOME)

In 1990, Congress created the HOME Investment Partnerships program.551 Under this program, HUD allocates funds, primarily in accordance with a formula,552 to state and local governments that choose to participate.553 These funds must generally be matched by non-federal sources.554 The state and local governments, in turn, contract with developers to help supply housing for low- and very low-income peo

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.7.4 National Housing Trust Fund

The National Housing Trust Fund (HTF) was created by the Housing and Economic Recovery Act of 2008 for the primary purpose of increasing and preserving the supply of rental housing for extremely low- and very low-income families, including homeless families, as well as to increase homeownership for extremely low- and very low-income families.577 This fund was established as a permanent program with a dedicated source of funding from Fannie Mae and Freddie Mac, 4.2 basis points per dollar of unpaid principal balance of total new business purch

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.8.2 Section 3

The purpose of Section 3 is to provide “to the greatest extent feasible” economic and employment opportunities to low-income individuals.631 Specifically, Section 3 requires recipients of the Department of Housing and Urban Development (HUD) housing and community development funding to provide job training, employment, and contracting opportunities to low- and very low-income residents and eligible businesses.632 There is little information available nationally to determine if public housing age

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.9.1 Emergency Solutions Grant

The Emergency Solutions Grant (ESG) program (formerly the Emergency Shelter Grants program) assists individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.642 The ESG program expanded the Emergency Shelter Grants program to include homelessness prevention and rapid re-housing components as eligible grant activities.

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.9.2.1 Overview

The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 amended the McKinney-Vento Homeless Assistance Act and consolidated three homelessness assistance programs—Supportive Housing, Shelter Plus Care and Section 8 Moderate Rehabilitation SRO—into a single program called the Continuum of Care Program.680 This is not to be confused with the current “Continuum of Care” process by which local government agencies, community-based organizations, service providers, and advocates assess the needs of homeless i

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.9.2.2 Shelter Plus Care Program

Shelter Plus Care (S+C) Program is a homeless program that provides rental housing assistance program for “homeless persons with disabilities and the families of such persons.”716 S+C participants primarily are person who have a serious mental illness, have chronic problems with alcohol and/or drugs, or have acquired immunodeficiency syndrome and related diseases. The program links rental assistance to supportive services.

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.9.2.3 Supportive Housing Program

The Supportive Housing Program (SHP) is a HUD grant program that funds the development or rehabilitation of transitional housing and the provision of supportive services for homeless persons.718 The SHP program is authorized by Title IV, Subtitle C, of the McKinney-Vento Homeless Assistance Act of 1987.719 Along with the Shelter Plus Care program and the Moderate Rehabilitation (SRO) Program, the Supportive Housing program has been combined in the Continuum of Care Program.

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.9.2.4 Moderate Rehabilitation Single Room Occupancy (SRO)

Moderate Rehabilitation Single Room Occupancy (SRO) assists single homeless individuals to lease rehabilitated single room occupancy units in privately owned, rehabilitated buildings. This program was consolidated with the Supportive Housing Program and the Shelter Plus Care program. Along with the Supportive Housing Program and the Shelter Plus Care (S+C) Program, the SRO program has subsequently been combined with the Continuum of Care Program.721

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.10.1 Rental Assistance Demonstration

Overview. In 2011, the Obama Administration proposed and Congress enacted the Rental Assistance Demonstration (RAD) to preserve affordable housing and address the then-$26 billion nationwide backlog of deferred maintenance on public housing properties.722 This backlog exists because of decades of neglect of public housing and insufficient funding from Congress.723 Because of this neglect, the public housing inventory nationwide has been losing an average of 10,000 units

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.10.2 The “Moving to Work” Demonstration

In 1996, Congress directed HUD to launch the Moving to Work (MTW) Demonstration program.750 The MTW program—not to be confused with the Moving to Opportunity (MTO) Voucher mobility program or the Welfare to Work Voucher program—allowed HUD to waive, with some exceptions,751 almost any requirements of the United States Housing Act (governing both public housing and Vouchers) for certain PHAs and permit PHAs to combine program funds, such as public housing operating funds, with tenant-based assist

HUD Housing Programs: Tenants’ Rights (The Green Book): 1.11 Low Income Housing Tax Credit Program

Although not a HUD housing program, the Low-Income Housing Tax Credit (LIHTC) is currently the primary method of producing and rehabilitating affordable housing. LIHTC was designed to encourage private investment into new construction, acquisition, and rehabilitation of affordable rental housing for low-income households. Because the LIHTC program is not administered by HUD, this manual does not cover LIHTC tenants’ rights comprehensively; this section provides a brief program summary with references to relevant sections located elsewhere in the manual.

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.1 Introduction

This chapter covers security deposits and extra charges. The section on security deposits reviews the federal requirements that govern these funds for certain housing programs. The section on extra charges discusses payments other than rent that tenants in federal housing may be required to pay or that PHAs or other owners may improperly charge.

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.2.1 Introduction

At the beginning of a tenancy, tenants generally pay a specified sum of money to the landlord as a kind of insurance against damage to the premises. These funds do not become property of the landlord, and they are not considered part of a tenant’s rent.1 HUD regulations and handbooks regulate the payment and retention of security deposits in public and subsidized housing. Depending on the tenant’s, landlord’s, and PHA’s conduct and method of notice, there are differing obligations surrounding security deposits.

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.2.2 Security Deposits in Public Housing

For the public housing program, if a PHA requires a security deposit, it must be an express provision in the lease.5 Regulations state that security deposits “shall not exceed one month’s rent or such reasonable fixed amount as may be required by the PHA.”6 Although the regulations allow a PHA to charge any “reasonable” amount, the mention of one month’s rent provides a gauge of what is reasonable.7 To determine the reasonableness of

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.2.3 Security Deposits in Subsidized Housing (Sections 221(d)(3), 236, and Rent Supplement Program)

HUD Handbook 4350.3, which governs most HUD-assisted and subsidized multifamily programs (but not the Section 8 Moderate Rehabilitation or Housing Choice Voucher programs), includes several provisions regarding security deposits.25 Many of these are incorporated into the Family Model Lease that is appended to the Handbook.26 As contractual terms, these lease provisions are more clearly enforceable by residents than the Handbook provisions.

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.2.4.1 Voucher Program

Landlords renting to voucher tenants are permitted, but not required, to collect security deposits.57 Deposits are not limited to one month’s rent, and PHAs are not authorized to prohibit deposits that are so high as to preclude participation by Voucher holders.58 The only limit on security deposits, beyond state or local law,59 is that PHAs may prohibit deposits that exceed private market practices or the amounts that unassisted tenants are

HUD Housing Programs: Tenants’ Rights (The Green Book): 6.2.4.2 Section 8 Moderate Rehabilitation Program

The regulations for the Section 8 Moderate Rehabilitation Program limit the amount of the security deposit to the greater of the total tenant payment (tenant rent plus utility allowance) or $50, so long as it is less than what state or local law permits.69 Tenants who are leased in place (i.e., who resided in the unit prior to its inclusion in the program) and previously paid a security deposit in excess of this maximum are not entitled to a rebate of the difference.70 These tenants