HUD PIH Notice § 2012-40

                                        U.S. Department of Housing and Urban Development
                                            Office of Public and Indian Housing

Special Attention:                                       NOTICE PIH 2012-40 (HA)
Housing Choice Voucher Program                           Issued: September 28, 2012
Administrators; Public Housing
Field Office Directors                                   Expires: Effective until amended, superseded,
                                                                  or rescinded

                                          Cross References:
                                          24 CFR § 982.508 and § 982.305(a)(5), PIH
                                          Notice 2000-41
________________________________________________________________________________
Subject: Assisted Living Units in the Housing Choice Voucher (HCV) Program

1. Applicability. This notice applies to all public housing agencies (PHA) that administer the
HCV program for families that live in, or wish to live in, assisted living facilities. In accordance
with the definition under Section 232(b) of the National Housing Act (12 USC 1715w(b)), an
assisted living facility is a public facility, proprietary facility, or facility of a private nonprofit
corporation that:
   (1) is licensed and regulated by the State (or if there is no State law providing for such licensing
and regulation by the State, by the municipality or other political subdivision in which the facility is
located);
   (2) makes available to residents supportive services to assist the residents in carrying out
activities of daily living, such as bathing, dressing, eating, getting in and out of bed or chairs,
walking, going outdoors, using the toilet, laundry, home management, preparing meals, shopping
for personal items, obtaining and taking medication, managing money, using the telephone, or
performing light or heavy housework, and which may make available to residents home health care
services, such as nursing and therapy; and
   (3) provides separate dwelling units for residents, each of which may contain a full kitchen and
bathroom, and which includes common rooms and other facilities appropriate for the provision of
supportive services to the residents of the facility.

        Assisted living facilities may be referred to as residential care facilities, adult care facilities,
congregate care facilities or group homes as long as they meet the requirements noted above.
Assisting living facilities are designed for residents who have the physical ability to live
independently but need assistance with some activities of daily living such as personal care,
transportation, meals, laundry, medication monitoring, security and housekeeping. A person
residing in an assisted living unit must not require continual medical or nursing care.

2. Purpose. This notice describes HUD’s implementation of Section 302 of the Section 202
Supportive Housing for the Elderly Act of 2010 (Public Law 111-372). Section 302, Monthly
Assistance Payment under Rental Assistance, amends section 8(o)(18)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(18)(B)(iii)) to allow a PHA to require a family to pay
more than 40 percent of its monthly adjusted income for a unit in an assisted living facility if the
amount or percentage is reasonable given the services and amenities provided by the assisted living
facility and as the Secretary deems appropriate.

3. Implementation. A PHA may submit a request for a waiver of 24 CFR § 982.508 and
§ 982.305(a)(5) through the waiver process under 24 CFR § 5.110 to require a family to pay more
than 40 percent of its monthly adjusted income for an assisted unit, in order to allow the family to
lease an assisted living unit that would otherwise be disapproved because the family share would
exceed 40 percent of monthly adjusted income. HUD will review such requests on a case-by-case
basis and may grant the waiver if HUD determines the request demonstrates good cause.

The PHA must submit with its waiver request: (1) verification that the unit meets the definition
noted in section 1 above; (2) a description of the services and amenities provided that would
warrant a higher family share; and (3) a copy of sections 9 and 12 of the Family Report (form HUD-
50058) for verification that family share exceeds 40 percent of adjusted income. Please note that
generally the Department would expect that such requests would not result in the family share
exceeding 70 percent of the family’s adjusted income.

4. Information Contact. Inquiries about this notice should be directed to Phyllis Smelkinson by
email at Phyllis.Smelkinson@hud.gov or by phone at (202) 402-4138.

5. Paperwork Reduction Act. The information collection requirements contained in this
document have been submitted to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1955 (44 U.S.C. 3501-3520) and assigned OMB control number
2577-0169. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless the collection displays
a currently valid OMB control number.




                                              _______________/s/___________________
                                              Sandra B. Henriquez, Assistant Secretary for
                                              Public and Indian Housing




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