HUD Releases Two PIH Notices

Recently, HUD released two new PIH Notices. The first is titled “Housing Opportunity Through Modernization Act of 2016 (HOTMA) – Implementation of Minimum Heating Standards in Public Housing Properties” and the second is titled “Partnering with Utility Companies on Energy Performance Contracts.”

The first notice provides implementation guidance related to the minimum heating requirements within public housing dwelling units as required by Section 111 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). For a PHA where state or local minimum heating standards do not exist, the PHA shall use the following minimum heating requirements for public housing dwelling units in order to comply with Section 111 of HOTMA:

• Minimum Temperature:
  • If PHA-controlled, the minimum temperature in each unit must be at least 68
    degrees Fahrenheit.
  • If tenant-controlled, then the heating equipment must have the capability of
    heating to at least 68 degrees Fahrenheit.
• Minimum Temperature Capability:
  • PHAs are allowed flexibility in maintenance of the indoor temperature when
    the outdoor temperature approaches the design day temperature.2 At no point
    should indoor temperatures in occupied space drop below 55 degrees
    Fahrenheit. This flexibility applies when at least one of the below criteria are
    met:
    • The outside temperature reaches or drops below the design day
      temperature, or
    • The outside temperature is within five degrees Fahrenheit of the design
      day temperature for more than two continuous days.
• Measurement:
  • Temperature measurements must be taken three feet above the floor and two
    feet from an exterior wall in a habitable room.

The second notice, “Partnering with Utility Companies on Energy Performance Contracts,” provides supplemental guidance for Notice PIH 2011-36 and any update which concerns implementing Energy Performance Contracts (EPCs) at PHAs. The notice also introduces a new initiative called the EPC Utility Partnership Program (UPP). The purpose of EPC-UPP is to encourage more PHAs, especially small- and medium-sized PHAs to consider the “potential benefits of implementing an EPC in partnership with utility companies.” This Notice also includes a new simplified approval and verification process for low-risk EPC projects.