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Implementing QHWRA

On October 21, 1998, President Clinton enacted into law the Quality Housing and Work Responsibility (QHWRA) Act of 1998. QHWRA is the first piece of legislation passed by Congress in five years that enacts substantial revisions to the laws governing the public housing and Section 8 programs. The Act was attached to the Fiscal Year (FY) 1999 appropriations bill (H.R. 4194). It amends the United States Housing Act of 1937. Normally, legislative provisions contained in an appropriations bill have a one-year life cycle. However, because the public housing and Section 8 provisions contained with H.R. 4194 amend the 1937 Act, the provisions become a part of permanent law.

The Act provides the Secretary of the Department of Housing and Urban Development (HUD) with the ability to implement any provision in the Act by notice and, where appropriate, provisions can be implemented immediately, by rule making and by negotiated rule making. Using a mediator, negotiated rule making is a process through which an agency must negotiate with interested parties to develop the regulation that will govern a specific provision. The Act calls for the Capital Fund, the Operating Fund, and the Section 8 renewal formula to be developed through negotiated rule making.

To date, implementation of QHWRA has resulted in:

  • Created the requirement for the development of the PHA 5-year Agency Plan and Annual Plan.
  • Merger of the Section 8 certificate and voucher programs, using the voucher program model for the new program.
  • Development of a proposed rule to establish an income mix of residents and deconcentrate poverty in public housing.
  • Development of a final rule for Admissions and Occupancy that establishes targeting, community work requirements for public and assisted housing.
  • Development of proposed rule to address pet ownership in public housing.

For more information, please contact Tawanna Preston, Policy Analyst for Housing, at 202-289-3500, ext. 240 or by e-mail at tpreston@nahro.org.

Regulations & PIH Notices

Admission and Occupancy FAQ
http://www.hud.gov/offices/pih/phr/about/ao_faq.cfm

Conforming rules, merger of funds, payment standards, certificate conversions, rent formulas, income targeting, and new requirements.
http://www.hud.gov/offices/pih/programs/hcv/about/merger.pdf

Quality Housing and Work Responsibility Act of 1998; Notice of Status of Implementation
http://www.hudclips.org/sub_nonhud/cgi/pdf/8525.pdf

Merger of Section 8 Certificate and Voucher Programs, Interim rule

The Interim Rule amendments implement the Quality Housing and Work Responsibility Act of 1998 and related changes to regulations for the Section 8 tenant-based rental voucher program.. The rule provides for the complete merger of the Section 8 tenant-based Certificate and Voucher programs, into a new Housing Choice Voucher Program. The Interim Rule became effective on October 1, 1999.

The following summarizes major features of the Housing Choice Voucher Program Interim Rule, which includes: 1. Payment standards; 2. Tenant payment; 3. Maximum initial rent burden; 4. Income limits; 5. Applicant selection; 6. Optional PHA screening of applicants; 7. Optional PHA disapproval of owners; 8. Initial lease term; 9. Lease form and content; 10. HQS; 11. Fifteen calendar day initial HQS inspection deadline; 12. PHA penalties for late payment of housing assistance to owners; 13. HQS inspections and rent reasonableness determinations for PHA-owned units; 14. Subsidy amount for manufactured homeowners leasing pads.; 15. Income Targeting; 16. Section 8 PHA definition; 17. Section 8 ``endless lease'' and owner termination; 18. Technical and conforming amendments including elimination of Section 8 SRO approvals; 19. Portability; 20. Elimination of ``take-one, take-all'' provision; and 21. Intellectual property rights.

24 CFR Part 982
Housing Choice Voucher Program Amendment
Final rule.
(November 3, 1999)
http://www.hud.gov/offices/pih/publications/fedreg/28790.pdf

Updates/Additional Information:

M e m b e r s   L i n k s:
  • December 10, 2003:
    NAHRO DirectNews - Small Agencies

    GAO Study of QHWRA's Impact on LHAs' Mission To Serve
  • July 2, 2003:
    NAHRO DirectNews - Section 8:

    NAHRO Charts Post QHWRA Successes and Projects Post HANF Declines
  • June 26, 2003:
    NAHRO DirectNews - Public Housing and Small Agencies:

    Legislators Urge HUD to Reconvene Neg Reg Committee
  • June 15, 2001: Summary of Rental Housing Integrity Improvement Project Consultation Meeting:
    On Tuesday, June 12, 2001, HUD in consultation with industry, public housing authorities, owners and agents (POAs), and tenant stakeholders, held its first consultation session of the new administration on the issue of income integrity in public and assisted housing. The Department’s new initiative for improving income integrity is called the Rental Housing Integrity Improvement Project (RHIIP). RHIIP is characterized by HUD as a “front-end” process that will accompany the more “back-end” and reactionary initiative, established last year, known as the Tenant Income Verification System. Several major issues were identified as impediments to improving rent calculations, from complex regulations and definitions for income exclusions and deductions to the loss of qualified and trained HUD staff, and the lack of on-going training and technical assistance for HUD and local housing agency staff. more...
  • September 12, 2000: On September 7, 2000, NAHRO attended a HUD hosted informational meeting on the status of the Tenant Income Verification process. HUD officials and key staff present at this meeting were: Saul Ramirez, William Apgar, Harold Lucas, DeborahVincent, D.J. LaVoy, Willie Spearman, and Dave Becker, as well as many tenant representatives from the National Alliance of HUD Tenants. more...
  • August 25, 2000: Housing and Community Development Policy Update: United States (link to an overview of QWHRA)

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