2005 Notices, Rules and Regulations


Below is a list of PIH notices which provide guidance, extensions, instructions, clarifications, announcements and other policy information.

2005 Notices

Notice Issued/Expires Title
PIH 2005-37 (HA) Issued: 12/09/05
Expires: 12/31/06
This Notice provides guidance on the Medicare Prescription Drug Plan ? Part D program (permanent program) that becomes effective on January 1, 2006. Public Housing Agencies (PHAs), Owners and Management Agents must use the guidance in Section D of this Notice when determining annual and adjusted income for Medicare beneficiaries enrolled in a Medicare prescription drug plan.
PIH 2005-36 (HA) Issued: 12/01/05
Expires: 12/31/06

These operating requirements set forth the policies and procedures for the Katrina Disaster Housing Assistance Program (KDHAP). KDHAP is a HUD-FEMA initiative to aid pre-disaster HUD-assisted and homeless families in finding temporary housing. FEMA has provided HUD a Mission Assignment to assist certain families displaced by Hurricane Katrina obtain temporary housing through local public housing agencies (PHAs) that administer the housing choice voucher program for a period not to exceed 18 months.

PIH 2005-35 (HA)

 -   Appendix 1
 -   Appendix 2
 -   Appendix 3
 -   Appendix 4
Issued: 11/15/05
Expires: 11/30/06

This notice provides public housing agencies (PHAs) with information needed to complete their FFY 2006 operating subsidy forms. It includes a schedule for the submission of certain items to HUD, local inflation factors, data needed for the recalculation of the formula expense level, and other special notes related to the operating subsidy forms and processing.

PIH 2005-34 (HA) Issued: 11/02/05
Expires: 11/30/06

This notice provides public housing agencies (PHAs) and field offices with initial implementation guidance regarding the Public Housing Operating Fund Program final rule, published in the Federal Register on September 19, 2005 (79 FR 54983) and the Revisions to the Public Housing Operating Fund Program; Correction to Formula Implementation Date notice (Correction Notice) published in the Federal Register on October 24, 2005 (70 FR 61366).

This notice is for informational purposes only. It informs PHAs of various upcoming notices and other activities tied to the implementation of the final rule. No action is required on the part of PHAs at this time.

PIH 2005-33 (HA) Issued: 10/25/05
Expires: 10/31/06

This Notice reissues Notice PIH 2004-16 and provides guidance for Hub Directors and Program Center Coordinators to follow in assisting Public Housing Agencies (PHAs) determined troubled or non-troubled under the Section Eight Management Assessment Program (SEMAP) for the Housing Choice Voucher Program

PIH 2005-32 (HA) Issued: 08/31/05
Expires: 08/31/06

This Notice updates Notice 99-19 to reflect changes to the requirements for demolition and disposition processing, as well as revisions made to the associated application form HUD-52860 in 2002. The purpose of the notice is as follows: (1) to clarify the applicability of Section 18 to a HOPE VI related demolition; (2) to inform Public Housing Agencies (PHAs) of the changes to Section 18 of the United States Housing Act of 1937, as amended, by Section 531 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998, (P.L. 105-276), (3) to provide guidance on the criteria HUD will use to process demolition/disposition applications; and (4) to discuss the new certification required under QHWRA. The Quality Housing and Work Responsibility Act was signed on October 21, 1998.

PIH 2005-31 (HA) Issued: 08/22/05
Expires: 08/31/06
This notice informs public housing agencies (PHAs) and field offices of the procedures HUD will initially use to determine and obligate operating subsidy for Federal Fiscal Year (FFY) 2006 considering two major impacts on the Operating Fund Program:
 -   The calendar year transition in accordance with the Consolidated Appropriations Act of 2005 (Public Law 108-447); and
 -   The pending publication of a new operating fund rule.
PIH 2005-30 (HA) Issued: 08/05/05
Expires: 08/31/06
This Notice sets forth HUD's revised implementation of the Housing Choice Voucher program administrative fee provisions of the HUD Fiscal Year 2003 Appropriations Act ("2003 Act"), Pub.L. No. 108-7, 117 Stat. 11, and serves as a correction and revision to the previously published Financial Management Center (FMC) Bulletin #07-04, published August 26, 2004. Specifically, this Notice retracts the paragraph entitled "105% Administrative Fee Adjustment Update" of that FMC Bulletin. The revised implementation and the administrative fee provisions discussed in this Notice only apply to Calendar Year 2003 administrative fees. Administrative fees provided for subsequent years (e.g., Calendar Years 2004 and 2005) are not affected by this Notice or the administrative fee provisions of the 2003 Act. This Notice supersedes the information provided on administrative fee payment reductions and recaptures contained in HUD Notice PIH 2003-23.
PIH 2005-29 (HA) Issued: 08/03/05
Expires: 08/31/06
This Notice implements new data entry requirements for project-based vouchers on the Family Report (form HUD-50058). With the Public Housing Information Center (PIC) latest release, Section 11 of the Family Report (Section 8: Project Based Certificates and Vouchers) has been fixed to accept data on project-based vouchers. Prior to the latest release only data on project-based certificates and obsolete pre-merger certificates could be entered in Section 11 of the form.
PIH 2005-28 (HA) Issued: 07/15/05
Expires: 07/31/06
This Notice extends Notice PIH 2004-12, Housing Choice Voucher Portability Procedures and Corrective Actions - Revision of Family Portability Information, Form HUD-52665, which will expire on July 19, 2005, for another year until July 19, 2006.
PIH 2005-27 (HA) Issued: 07/12/05
Expires: 07/31/06
This notice provides public housing agencies (PHAs) and field offices with guidance necessary to understand the calculation of Federal Fiscal Year (FFY) 2005 operating subsidy in accordance with the Consolidated Appropriations Act of 2005 (Public Law 108-447).

PIH 2005-26 (HA)

Attachment: TDC

Issued: 07/13/05
Expires: 07/31/06
The purpose of this Notice is to:
a. Explain procedures for establishing public housing development cost limits.
b. Transmit the updated schedule of unit Total Development Cost (TDC) limits.
c. This Notice does not apply to Native American housing.
PIH 2005-25 (HA) Issued: 07/13/05
Expires: 07/31/06
This Notice encourages ENERGY STAR as the standard for Public Housing Agencies (PHAs), encourages PHAs to implement energy saving activities, and informs PHAs that ENERGY STAR expertise is available to provide valuable assistance for implementing energy conservation initiatives. Purchase of ENERGY STAR-labeled products, adoption of the whole-house approach of Home Performance with ENERGY STAR, and construction of ENERGY STAR-qualified residential structures (HOPE VI) by PHAs support the goals of the President's National Energy Policy by reducing the burden of public housing energy costs while increasing comfort and reducing health risks to public housing residents. Appendix A includes a partial list of ENERGY STAR products.
PIH 2005-24 (HA) Issued: 07/13/05
Expires: 07/31/06
This Notice revises the procedure for the calculation of voucher housing assistance payments (HAP) under PIH Notices 97-29, 98-19, 99-16, and 00-09 for families that received enhanced vouchers as the result of an owner decision to prepay the mortgage or voluntarily terminate the FHA mortgage insurance of a "preservation eligible" property in FY 1997, 1998, and 1999. The notice provides instructions to PHAs on identifying impacted families, re-calculating housing assistance payments (HAP) for the period in question, and paying this assistance directly to the impacted families.
PIH 2005-23 (TDHEs) Issued: 07/07/05
Expires: 07/31/06

This Notice transmits the current depository agreement forms to be used when investing IHBG funds; form HUD-52736A (10/2004) for banking accounts and form HUD-52736B (10/2004) for brokers/dealers. Also, the Notice clarifies when to use depository forms and when tribes or tribally designated housing entities may utilize brokers in the investment of Indian Housing Block Grant (IHBG) funds under 24 CFR 1000.58.

PIH 2005-22 (HA) Issued: 06/24/05
Expires: 06/30/06
The Notice provides public housing agencies (PHAs) with information and guidance on the Fiscal Year (FY) 2005 Capital Fund. This Notice also provides guidance on the Replacement Housing Factor (RHF) grants.
PIH 2005-21 (TDHEs) Issued: 06/22/05
Expires: 06/30/06

This Notice reinstates Notice PIH 2003-26 (TDHEs), Accessibility Notice for Native American Program: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968; and the Fair Housing Amendments Act of 1988, which expired October 31, 2004, for another year until June 30, 2006.

PIH 2005-20 (HA) Issued: 06/22/05
Expires: 06/30/06

Reinstatement - Units with Low-Income Housing Tax Credit Allocations Combined with Housing Choice Voucher Assistance under the Tenant-Based and Project-Based Programs

This Notice reinstates and extends Notice PIH 2002-22, same subject, which expired November 30, 2004, until June 30, 2006.

PIH 2005-19 (TDHEs)

Note: This notice cancels Notice PIH 2005-8 (TDHEs), issued 2/25/05.

Issued: 06/21/05
Expires: 06/30/06
This Notice explains when tribes or tribally designated housing entities (TDHEs) (referred to in this Notice as 'Tribe') may limit housing assistance to Indian families or tribal members. This notice outlines how the requirements are different if only IHBG funds are used or if IHBG funds are leveraged or combined with funds from other sources.
PIH 2005-18 (HA) Issued: 06/15/05
Expires: 06/30/06

This Notice expands upon existing guidance provided under Paragraph 5 of Notice PIH 2005-1 (HA), Implementation of the Consolidated Appropriations Act (HR 4818 ? H Rept 108-792), 2005 Funding Provisions for the Housing Choice Voucher Program and Notice PIH 2005-14 (HA), Calendar Year 2005 Administrative Fee Funding for Homeownership Voucher Program Implementation and Closings.

PIH 2005-17 (HA) Issued: 06/15/05
Expires: 06/30/06
This Notice renews and revises Notice PIH 2000-13 issued April 7, 2000. It explains the requirement that all PHAs that administer public housing or HCV programs must submit, on a timely basis, 100 percent of family records to HUD's PIC as set forth by 24 CFR Part 908 and the consolidated annual contributions contract (CACC). PIC is the Department's official system to track and account for public housing and HCV family characteristics, income, rent, and other occupancy factors. PHAs must submit their Form HUD-50058 records electronically to HUD for all current public housing and HCV families. PHAs must submit accurate records with no fatal edits (edits that cause PIC to reject records to maintain the integrity of the PIC data) for HUD to consider the records successfully submitted.
PIH 2005-16 (HA) Issued: 06/15/05
Expires: 06/15/06

This Notice:

  • Outlines PIH's policy for determining and verifying the eligibility of full-time college students of non-parental/guardian households;
  • Implements section 224 of the FY 2005 Appropriations Act regarding athletic scholarship assistance available for housing costs (The Office of Housings' policy on implementation of section 224 will be contained in the Multifamily Handbook 4350.3); and
  • Identifies tools for better assuring that families in need of assistance are able to participate in HUD's programs.
PIH 2005-15 (HA) Issued: 04/26/05
Expires: 04/30/06
This Notice reinstates, with some grammatical changes, Notice PIH 2004-4 (HA), which expired on March 31, 2005.
PIH 2005-14 (HA) Issued: 04/22/05
Expires: 04/30/06

Homeownership is a key to financial independence, the accumulation of wealth, and stronger, healthier communities. Increasing homeownership among low-income and minority households is one of HUD's most important 2005 initiatives. The homeownership option under the Housing Choice Voucher Program helps accomplish this objective by allowing public housing agencies (PHAs) to provide voucher assistance to low-income first-time homebuyers for monthly homeownership expenses rather than for monthly rental payments.

PIH 2005-13 (HA) Issued: 04/21/05
Expires: 04/30/06
This Notice extends Notice PIH 2004-5 (HA), same subject, which will expire on April 30, 2005, for another year until April 30, 2006.
PIH 2005-12 (HA) Issued: 04/19/05
Expires: 04/30/06

The purpose of this Notice is to provide PHAs and Field Office staff information pertaining to their obligation of maintaining current information within PIC, tracking the inventory of public housing units, and HUD's transition to the use of the PIC system for these purposes.

PIH 2005-11 (HA)

Issued: 03/29/05
Expires: 03/31/06

This notice reissues the requirement that a PHA shall provide one copy of the completed audit report package and the Management Letter, performed under the Single Audit Act Amendments of 1996 (P.L. 104-156) and issued by the Independent Auditor (IA) to the local HUD office having jurisdiction over the PHA (see Notice PIH 2002-4).
PIH 2005-10 (HA) Issued: 03/23/05
Expires: 03/31/06
Posting of Class Action Notice (Taylor vs. Jackson, Civil Action No. 02-cv-1120AA) — Fairness Hearing for Proposed Settlement of Litigation Concerning Enhanced Vouchers Provided in Connection with Preservation Prepayments that Occurred in Federal Fiscal Years (FYs) 1997, 1998, and 1999.
PIH 2005-9 (HA)

Issued: 02/25/05
Expires: 02/28/06

This Notice provides guidance on administrative flexibility and actions PHAs may take to reduce costs in the Housing Choice Voucher Program ("the voucher program") in accordance with the Consolidated Appropriations Act, 2005 (Public Law 108-447).

PIH 2005-8 (TDHEs)

Note: Notice PIH 2005-19 (TDHEs), issued 6/21/05 cancels this notice.

Issued: 02/25/05
Expires: 02/28/06
This Notice explains when tribes or tribally designated housing entities (TDHEs) (referred to in this Notice as 'Tribe') may limit housing assistance to Indian families or tribal members. This notice outlines how the requirements are different if only IHBG funds are used or if IHBG funds are leveraged or combined with funds from other sources.
PIH 2005-7 (HA) Issued: 02/22/05
Expires: 02/28/06
This Notice replaces Notice PIH 2003-34 and highlights the importance of timely and accurate income and rent determinations by Public Housing Agencies (PHAs) and the consequences for failure to identify and correct income and rent determination deficiencies.
PIH 2005-6 (HA) Issued: 02/01/05
Expires: 02/28/06

This Notice reinstates Notice PIH 2003-24 (HA), same subject, for another year until February 28, 2006. The Notice expired September 30, 2004.

PIH 2005-5 (HA)


Issued: 02/01/05
Expires: 02/28/06

This Notice explains President Bush's New Freedom Initiative and Executive Order 13217 and provides guidance to public housing agencies (PHAs) and HUD field staff on initiatives that can be implemented to assist families with a person with disabilities (which may include an individual person with disabilities) in their search for housing under the Housing Choice Voucher program. In addition, this notice clarifies issues related to issuance and preservation of certain types of special purpose vouchers for disabled families (where the head, spouse or sole member is a person with disabilities).

PIH 2005-4 (HA)

Issued: 01/18/05
Expires: 01/31/06

This notice describes the new electronic exigent health and safety (EHS) system for public housing agencies (PHAs) and Public Housing Field Office staff. This notice explains how PHAs are to certify to the correction or abatement of the life-threatening (i.e., EHS) deficiencies observed during Uniform Physical Condition Standards (UPCS) inspections. It also outlines the procedures for Field Office staff to enter and record any follow-up activities that they have completed to ensure that EHS deficiencies have been corrected or abated.

PIH 2005-3 (HA)

Issued: 01/13/05
Expires: 01/31/06

This notice directs public housing agencies (PHAs) to follow Office of Management and Budget (OMB) Circular A-87 regarding employee benefits plan administration, and transmits a change to the Housing Agency (HA) Guidebook: Employee Benefit Plans, 7401.7 G, paragraph 2.8, subparagraph (e), Forfeitures.

PIH 2005-2 (HA)

Issued: 01/05/05
Expires: 01/31/06

This Notice reiterates the streamlined requirements for designating public housing projects for occupancy by elderly families only, disabled families only, or elderly and disabled families only. This Notice also includes the requirements and procedures for renewal of, or changes to, previously HUD approved designation plans.

PIH 2005-1 (HA)

Issued: 12/08/04
Expires: 12/31/05

This Notice implements the Housing Choice Voucher (HCV) Program funding provisions resulting from enactment of the Consolidated Appropriations Act, 2005. In this law, Congress modifies the method of calculating and distributing renewal funds, public housing agency (PHA) administrative fees, and continues to prohibit the use of renewal funds for over-leasing. The Act specifies that calendar year 2005 will be the funding period for such renewals and administrative fees under the HCV program.