Topic Question
Broadband Infrastructure

May HTF funds be used to provide computer equipment in a multifamily rental project?

No. HTF funds may not be used to pay for furniture or equipment for a computer room, even as part of a multifamily assisted rental property.

Broadband Infrastructure
Broadband Infrastructure

May HTF funds be used to provide a computer room in a multifamily rental project?

Yes. As part of new construction and rehabilitation costs of multifamily rental projects, the HTF rule at § 93.201(a)(4) states that HTF funds may be used for costs to construct or rehabilitate community facilities that are located within the same building as the housing, and which are for the use of the project residents. HTF funds cannot be used to pay for a computer room located in a separate building from the assisted housing. While HTF fund...
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Broadband Infrastructure

May HTF funds be used to make broadband internet connections to housing?

Yes. As part of a new construction or rehabilitation activity, the HTF rule at § 93.201(a)(3)(ii) states that HTF may pay for the development costs to make utility connections, including connections from the property line to the adjacent street. This includes broadband internet connections. However, HTF cannot be used for any off-site improvements, including running broadband internet cable or wires to the project site. Use of HTF funds is limit...
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Broadband Infrastructure

May Housing Trust Fund (HTF) grant funds be used when developing (constructing or rehabilitating) housing with these funds and what costs related to broadband internet access are eligible?

Yes. Under § 93.201(a) in the HTF rule, HTF funds may be used for the actual costs of constructing or rehabilitating (development hard costs) single family or multifamily housing, including the costs to wire the property for broadband internet. The costs to make utility connections, including off-site connections from the property line to the adjacent street, are also eligible under HTF at § 93.201(a)(3)(ii). HUD includes internet connectivity ...
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Davis-Bacon

Do Davis-Bacon Labor Standards apply to the HTF?

No. The HTF was established under Title I of the Housing and Economic Recovery Act of 2008, Section 1131 (Public Law 110-289). This statute did not make the labor standards of Davis-Bacon applicable to the HTF. Therefore, in order to be consistent with the statute, HUD did not require Davis-Bacon labor standards on the HTF in the interim rule....
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Administrative Requirements

When was the Housing Trust Fund (HTF) functionality implemented in IDIS and how do I gain access to this system?

The Housing Trust Fund (HTF) was implemented in HUD’s Integrated Disbursement and Information System (IDIS) on Monday, July 25, 2016. HUD requires HTF grantees to use IDIS when committing funds to HTF-assisted projects, disbursing HTF funds for eligible costs, and reporting HTF accomplishments. HTF grantees must complete an IDIS Online Access Form in order to gain access to the system for HTF. The form must be signed by the grantee official app...
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Administrative Requirements

Will States be allowed to charge pre-award costs for HTF planning activities?

Yes. HUD has determined that pre-award costs for planning activities and preparation of the HTF allocation plan will be allowed. Preparation includes the cost of public hearings, consultations and publication of public notices. For the first year, pre-award costs may not exceed one half of the State’s administrative funds (which is, 10% of the formula allocation).

Administrative Requirements
Administrative Requirements

When must a State notify HUD which agency will administer its Housing Trust Funds (HTF) and how does a State designate the State agency or State-Designated Entity to administer the HTF program?

Per 24 CFR 93.100, each State is required to notify (the Secretary of) HUD of its intent to become a grantee for HTF funding within 30 days after HUD publishes the formula allocation amounts (these amounts are expected to be published by April 2016). The notification letter must also inform HUD of the contact information for the State department/agency or State-Designated Entity (SDE) that will administer its HTF funds. Only one State department/...
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Administrative Requirements

How do I edit my organization's program contact information in IDIS?

Only those grantee users with administrative privileges can edit grantee program contact information.  Users with these privileges will see an additional "Admin" module in the blue, top bar.  Each organization is required to list a first contact, and is encouraged to list a second contact if possible, for each of the CPD programs where the organization is the direct recipient of HUD funding.  To edit program contact information, th...
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HTF Allocation Plan

Can States or State-Designated Entities (SDEs) begin their planning and citizen participation process prior to the publication of the HTF formula allocations?

HUD is aware that some States have Annual Action Plan submission dates in early 2016 and would like to include HTF Allocation Plans in citizen participation hearings that they will conduct for their Action Plans. Before deciding to include HTF in Annual Action Plan hearings that take place before HTF allocations are available, States should consider that there are no 2015 baseline figures upon which to estimate 2016 HTF allocations. This may make...
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HTF Allocation Plan

Can a unit of general local government which is not a direct recipient of HUD formula grant funds be an HTF subgrantee?

No. 24 CFR 93.2 defines a “subgrantee” as a unit of general local government that has an approved consolidated plan submitted in accordance with 24 CFR 91. The regulations at 24 CFR Part 91 require units of general local government which receive CDBG, HOME, ESG, or HOPWA formula funds to develop and submit a consolidated plan and/or annual action plan, outlining the use of the formula funds. Therefore, by definition, an eligible HTF subgrante...
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HTF Allocation Plan

How will States and subgrantees submit HTF allocation plans to HUD?

In May 2012, HUD’s Office of Community Planning and Development (CPD) introduced the eCon Planning Suite, including the Consolidated Plan template in IDIS On-Line and the CPD Maps website. HUD grantees are now required to submit their consolidated plan and annual action plan using the Consolidated Plan template in IDIS On-Line. Therefore, HTF grantees and subgrantees must use the eCon Planning Suite to submit their HTF allocation plans to HUD. ...
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HTF Allocation Plan

When can subgrantees submit HTF allocation plans to HUD?

Before a subgrantee can submit its HTF allocation plan to HUD, two conditions must be satisfied. First, pursuant to 24 CFR 91.320(k)(5), the State must submit and HUD must approve an HTF allocation plan that addresses its intent to award HTF funds to subgrantees. Second, pursuant to 24 CFR 93.404(b), the State must execute a written agreement awarding funds to a subgrantee for HTF activities. The subgrantee’s HTF allocation plan must address al...
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HTF Allocation Plan

When can States submit HTF allocation plans to HUD?

As it has done in prior years, HUD will publish a Community Planning and Development (CPD) Notice for FY 2016 to instruct CDBG, HOME, ESG, HOPWA, and HTF grantees on the timing of the submission of consolidated and annual action plans. HTF grantees may not submit their HTF allocation plans to HUD for review and approval until the HTF formula allocations have been published. The earliest HUD expects to publish the HTF formula allocations is April,...
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COVID-19/CARES Act

Will HUD issue additional guidance on the use of HTF funds in response to the COVID-19 pandemic and application of the CARES Act?

HUD will continue to update guidance on the use of Housing Trust Fund (HTF) funds and the Coronavirus Aid, Relief, and Economic Security (CARES) Act as needed.

COVID-19/CARES Act
COVID-19/CARES Act

How should an HTF grantee notify owners of the CARES Act eviction moratorium?

A Housing Trust Fund (HTF) grantee should provide written notification to owners of HTF-assisted projects (including single-family properties with rental units) that the Coronavirus Aid, Relief, and Economic Security (CARES) Act prohibits: Any filing with the court of jurisdiction to initiate an eviction (e.g., an unlawful detainer action, complaint) for nonpayment of rent or other fees or charges; or Charging fees, penalties, or other charges t...
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COVID-19/CARES Act

During the CARES Act 120-day eviction moratorium period, may owners evict tenants for lease violations that are not related to nonpayment of rent, fees, or charges?

Yes. The Coronavirus Aid, Relief, and Economic Security (CARES) Act eviction moratorium does not apply to evictions based on violations of permitted lease terms other than nonpayment of rent or other fees, penalties, and charges. However, the Housing Trust Fund (HTF) regulations at 24 CFR 93.303 still apply to HTF-assisted units. Grantees should also review their state and local laws, as many state and local jurisdictions are also enacting their ...
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COVID-19/CARES Act

During the CARES Act 120-day eviction moratorium period, can monthly rent and fees and other charges (except those related to nonpayment of rent) accrue and be charged to the tenant after the CARES Act moratorium ends?

Yes, unpaid monthly rent and fees and other charges (except fees and charges related to nonpayment of rent) may accrue during the 120-day period and be charged to the tenant after the Coronavirus Aid, Relief, and Economic Security (CARES) Act 120-day eviction moratorium period ends on July 24, 2020.

COVID-19/CARES Act
COVID-19/CARES Act

During the CARES Act 120-day eviction moratorium period, can fees related to nonpayment of rent accumulate and be charged to the tenant after the moratorium?

No. Per Section 4024(b) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, fees, penalties, or charges in relation to nonpayment of rent cannot be charged. Therefore, there should be no charges, penalties, or fees assessed and accrued for nonpayment of rent during the 120-day period.

COVID-19/CARES Act
COVID-19/CARES Act

How does the CARES Act eviction moratorium affect covered dwelling units in HTF-assisted projects?

For a period of 120 days, beginning on March 27, 2020 and continuing through July 24, 2020, an owner cannot: Make, or cause to be made, any filing with the court of jurisdiction to initiate an eviction (e.g., an unlawful detainer action, complaint) for nonpayment of rent or other fees or charges; or Charge fees, penalties, or other charges to the tenant related to nonpayment of rent. If an owner did not provide the tenant with an eviction notic...
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COVID-19/CARES Act

Does the CARES Act eviction moratorium apply to all the residential rental units in a project with a HTF loan secured by a lien on the residential real property?

Yes, the Coronavirus Aid, Relief, and Economic Security (CARES) Act eviction moratorium applies to all residential rental units in or on a property (i.e. multifamily and multiunit single family) that has a Housing Trust Fund (HTF) loan secured on the residential real property, regardless of whether the project is within its HTF Period of Affordability (POA). The residential rental units in or on the property are covered dwelling units under Secti...
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COVID-19/CARES Act

Do the repayment terms of the HTF loan affect the applicability of the CARES Act eviction moratorium on the units in a property?

No, the applicability of the eviction moratorium is not affected by the repayment terms of the Housing Trust Fund (HTF) loan. Any project with an HTF loan secured by a lien on residential real property is a covered property under Section 4024(a)(2)(B)) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This includes HTF loans with "soft" financing terms such as deferred or residual receipts payments and forgivable loans.

COVID-19/CARES Act
COVID-19/CARES Act

How does Section 4024 of the CARES Act apply to properties assisted with HTF funds?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act applies to a property with Housing Trust Fund (HTF) assistance structured as a loan and secured by a lien on residential real property. As HTF is not a "covered housing program" (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 USC 12491(a)), only a property assisted with an HTF loan secured on the property is a "covered property" under Section 4024(a)(2)(B...
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Housing Counseling

The Housing Trust Fund (HTF) is listed in the certification rule as a “HUD Program where Housing Counseling is required by statute, regulation, Notice of Funding Availability, or otherwise required by HUD” and it is also listed in the certification rule as a “HUD Program where housing counseling is funded under the HUD program.” How is the HTF program affected by the Final Rule on housing counselor certification?

HTF as a HUD program where housing counseling is required by statute and regulation: The Housing Trust Fund (HTF) statute and program regulations require that, before purchasing HTF-funded homeownership housing, all homebuyers must receive homeownership counseling. In all instances, regardless of whether the housing counseling is funded with HTF funds as an administrative cost or funded by another source, this required housing counseling must b...
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Maximum Per Unit Development Subsidy

How should States establish maximum per-unit development subsidy amounts for Housing Trust Fund (HTF) projects?

Pursuant to 24 CFR 93.300(a), all HTF grantees must establish maximum limitations on the total amount of HTF funds that the grantee may invest per-unit for development of non-luxury housing. The limits must be “reasonable” and based on actual costs of developing non-luxury housing in any given geographical area. Each grantee must submit maximum per-unit development subsidy amounts and accompanying justification with its HTF Allocation Plan on...
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Rehabilitation Standards

What are the required elements of rehabilitation standards established by States for rental or homebuyer housing being rehabilitated with HTF funds?

States must establish rehabilitation standards that all HTF-assisted housing undergoing rehabilitation must meet at the time of project completion, pursuant to the HTF implementing regulations at 24 CFR 93.301(b). If a State intends to use its HTF funds for housing being rehabilitated, it must submit its standards to HUD as part of its HTF allocation plan. The standards submitted to HUD must contain sufficient detail to determine the rehabilitati...
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Content current as of October 18, 2021.