HUD PIH Notice § 2018-19

                         U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                       WASHINGTON, DC 20410-5000


OFFICE OF PUBLIC AND INDIAN HOUSING


Special Attention of:                                  Notice PIH 2018-19
Public Housing Agencies (PHAs),
Public Housing Hub Office Directors,                   Issued: November 2, 2018
Public Housing Program Center Directors,               This notice remains in effect until amended,
Regional Directors,                                    superseded or rescinded.
Field Office Directors; and
Resident Management Corporations.



SUBJECT: Housing Opportunity through Modernization Act of 2016 (HOTMA) –
Implementation of Minimum Heating Standards in Public Housing Properties


    1. PURPOSE
This purpose of this notice is to provide 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).

    2. BACKGROUND
On July 29, 2016, HOTMA was signed into law (Public Law 114–201, 130 Stat. 782). HOTMA
made numerous changes to statutes that govern HUD programs, including Section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) (1937 Act). Section 9 of the 1937 Act was
amended to add Subsection (o), Public Housing Heating Guidelines, which states, “The
Secretary shall publish model guidelines for minimum heating requirements for public housing
dwelling units operated by public housing agencies receiving assistance under this section.’’

    3. APPLICABILITY
This Notice applies to all PHAs administering the Public Housing program, including Moving to
Work agencies.

    4. UTILIZATION OF EXISTING STANDARDS
PHAs in states, territories, or localities with existing minimum heating standards shall utilize
their respective local standards for public housing dwelling units. In instances where no such
guidelines exist, HUD has established minimum heating requirements for public housing
dwelling units.

    5. HUD MINIMUM HEATING STANDARDS
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 HOTMA1:

        •    Minimum Temperature:
                o If PHA-controlled, the minimum temperature in each unit must be at least 68
                   degrees Fahrenheit.
                o If tenant-controlled, then the heating equipment must have the capability of
                   heating to at least 68 degrees Fahrenheit.
        •    Minimum Temperature Capability:
                o 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:
                o Temperature measurements must be taken three feet above the floor and two
                   feet from an exterior wall in a habitable room.

    6. FURTHER INFORMATION
For additional information or questions regarding this notice, please contact the local Public
Housing Field Office Director or the Public Housing Management and Occupancy Division’s
policy mailbox at PublicHousingPolicyQuestions@hud.gov. Any persons with hearing or speech
impairments may access this contact by calling the Federal Information Relay Service at 800-
877-8339.


1
  PHAs must update their Admissions and Continued Occupancy Policy to include residential minimum heating
standards. If the inclusion of heating policies constitutes a significant amendment in accordance with the PHA’s
definition, then the PHA Plan must be amended.
2 Design-day temperature refers to the lowest expected outdoor temperature that a heating system was designed to
accommodate and still maintain the desired indoor temperature. This should translate, depending on local building
code, to an outdoor temperature in the 1st to 5th percentiles of low outdoor temperatures for an area. For example,
for Washington, DC the design day temperature is around 17°F. This means that 97.5% of the time the outside
temperature will be at least 17°F. Therefore, a properly sized heating system in Washington, DC should be able to
maintain a building’s indoor temperature at 68°F when it is at least 17°F outside.
   7. PAPERWORK REDUCTION ACT
The information collections referenced in this Notice have been approved by OMB pursuant to
the Paperwork Reduction Act under, OMB control numbers 2577-0230 and 2577-0266.



                                           _______________/s/_____________________

                                           Dominique Blom
                                           General Deputy Assistant Secretary
                                            for Public and Indian Housing