Since HUD has been relatively quiet on the compliance front since the issuance of Change 4 to HUD Handbook 4350.3, REV-1 last year, I thought I would share with you some of the more interesting questions that have come through NCHM’s eHotline. eHotline and its predecessor have been a staple of NCHM for three decades, and it was my primary responsibility when I joined the staff back in 1990. At that time, it was simply called “Hotline,” and inquiries came in by phone. Today, questions are submitted electronically and I share eHotline responsibilities with Jo Ikelheimer, who handles tax credit compliance matters.
Although time has passed and the medium has changed, we still handle thousands of inquiries each year. While our response is seldom instantaneous, it is prompt with all inquiries handled within 24 hours (barring technical glitches).
One recent question I want to share focused on whether someone who owns a home is eligible for HUD assisted housing. The individual who submitted the question was absolutely correct in pointing out that HUD Handbook 4350.3, REV-1 states that the assisted unit must be the sole and primary residence.
However, the precise answer to this question is determined by placing the HUD rule within the context of other rules. A home may be considered an asset (Exhibit 5-2), so the mere fact someone owns a home does not disqualify them from applying for a HUD-assisted unit or being placed on a waiting list. Once they reside in an assisted unit, however, the assisted unit must be their sole and primary residence.
Others have asked whether a person with a disability is “competent” to enter into a lease agreement. Since the lease is a form of legal contract, this question is a legal one and beyond the scope of eHotline. HUD Handbook 4350.3, REV-1 only states that an individual must be of legal age to enter in to a lease; competency is nowhere mentioned in that handbook.
Several inquiries have revisited the medical marijuana issue and whether it is a reasonable accommodation on the basis of disability. HUD’s Office of Fair Housing and Equal Opportunity has determined, in a memo to the Assistant Secretaries of the Office of Housing and the Office of Public Housing, that it is not a reasonable accommodation.
I also want to mention again the fact that NCHM cannot open attachments that contain EIV reports. This has happened on more than a few instances, and I always respond with an apology along with an explanation. EIV reports cannot be sent electronically (or otherwise) to a third party. When NCHM does file audits, for instance, we will not open a resident file in a HUD-assisted building without first signing the EIV Rules of Behavior (ROB) form.
These are just a few of the many questions we receive, and they serve to highlight both the value eHotline provides housing professionals who are actively certified with NCHM, but also why ongoing training is important. Many choose to take a two day COS “refresher” course on a regular basis and find it valuable to sit through without the added stress of a certification examination. Our forthcoming National Housing Management Institute in Chicago from June 16-20 provides opportunities to gain a NCHM certification or certifications; get refreshed in your knowlege base and skill sets; network with colleagues; and get to know NCHM’s leadership and staff. I hope to see you there.