HUD Publishes Notice Detailing Statutory and Regulatory Waivers for Mainstream Vouchers

By: Tushar Gurjal, Senior Policy Manager

On August 20, HUD published a notice titled “Statutory and Regulatory Waivers for Mainstream Vouchers” (Notice PIH 2024-30). Mainstream vouchers are for people with disabilities who are not elderly. The 2024 appropriations act gave HUD authority to establish waivers and alternative requirements for the Mainstream program, though HUD is not allowed to waive requirements related to “tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards, and the environment.” This notice outlines certain mandatory and discretionary waivers and alternative requirements for the Mainstream voucher program. Housing agencies must comply within 120 days of the publication date of this notice.

Mandatory Policies

The following are mandatory policies for the Mainstream program.

Initial Search Term – HUD is establishing an alternative requirement that the initial search term for vouchers in the Mainstream program be at least 120 days. This new search term also applies when a family chooses to move. Housing agencies must also provide a current listing of available accessible units known to the PHA and otherwise assist the family in identifying an accessible unit.

Extension of Term – Housing agencies must adopt an extension policy for Mainstream vouchers that meets the following requirements:

1. Each extension must be for a minimum of 90 days;
2. The first extension request must be approved (whether it was made orally or in writing) as long as the request is made on or before the term expiration date and is consistent with applicable requirements (subsequent requests must be processed in accordance with the PHA’s administrative plan);
3. The housing agency must–at least once after the voucher is issued—notify the family prior to the initial term expiration to remind the family of the following:
   1. The term expiration date;
   1. The process for requesting an extension; and
   1. Ask if the family requires search assistance.

Housing agencies must grant additional extensions if requested in accordance with the PHA’s administrative plan. Housing agencies may not restrict first extension approvals to certain circumstances nor require documentation from applicants. This applies to those moving to new units with continued assistance inside or outside a PHA’s jurisdiction.

Residency Preference – Housing agencies cannot apply a residency preference for Mainstream voucher applicants.

Discretionary Policies

The following are discretionary policies for the Mainstream program.

Waiting Lists – Housing agencies may establish a separate waiting list for Mainstream vouchers. If doing this, housing agencies should determine which applicants on the current Housing Choice Voucher (HCV) waiting list are families that include non-elderly individuals with disabilities. Applicants on the HCV waiting list should be notified that a separate waiting list is being created and the notice provides examples of effective communication of notice. When notifying families, the PHA must describe the eligibility criteria for Mainstream vouchers and describe the steps the family needs to take to be added to the Mainstream voucher waiting list. The housing agency must allow 60 calendar days for communication of notice and allowing families to respond before issuing vouchers from the separate Mainstream waiting list. When pulling families from the Mainstream waiting list, the housing agency may draw randomly or use date and time of the application, though if date and time are used, then the date and time must be from the family’s prior application to the general HCV waiting list. The notice provides additional requirements and recommendations in creating this waiting list.

Local Preferences – Housing agencies may apply a separate preference for Mainstream voucher applicants. Agencies that claimed they had a preference for Mainstream applicants in their Notice of Funding Opportunity (NOFO) must maintain that preference in either their HCV waiting list or their Mainstream voucher waiting list. Housing agencies may establish a referral preference if receiving referred families from another entity (HUD encourages forming memoranda of understanding with these organizations). Information about referrals and the direct referral process must be on the agency’s website. In establishing these partnerships, PHAs must follow all applicable civil rights laws and referrals should not be limited to be from a single entity that refers only a subset of eligible people. The notice provides additional constraints and guidance on appropriately setting up these partnerships.

Reasonable Accommodations – the notice reminds agencies that PHAs administering Mainstream vouchers may need to provide various reasonable accommodations for individuals with disabilities.

The above does not detail every requirement listed in the notice and NAHRO strongly recommends that PHAs with Mainstream programs read the full notice.

The full notice may be found here.