Legislative & Policy

Congress Needs To Increase Public And Affordable Housing Funding

Background:

The federal government is currently funded under a continuing resolution (CR) that expires December 16 this year. If the government does not take additional action it runs out of money and has to shut down. Given the uncertainty of what will happen in the appropriations process during the next Congress beginning in January, it is critical that the current Congress finish the work already begun and pass a full year FY23 appropriations bill. CLPHA is particularly concerned with the Transportation, Housing and Urban Development, and Related Agencies (THUD) proposed legislation currently in final negotiations between the House and Senate.

CLPHA and industry partners recently sent a letter and revised joint appropriations request to the leadership of the House and Senate appropriations committees asking for specific funding levels and authorizing language be included in the final THUD appropriations bill. Among our requests, we ask Congress to increase funding for the HUD defined shortfalls in the public housing operating fund program to $345 million to accommodate all eligible housing authorities. We ask the committees to accept the Senate-proposed level of $364 million in set-aside funding for tenant protection vouchers (TPVs) since HUD recently indicated that the current demand for TPVs has exceeded its initial projections for FY23 and they again anticipate not being able to fund replacement TPVs for vacant units in calendar year 2023 without additional funding. We also ask that HUD be directed to determine the impact of recent changes to the calculation of FY23 Fair Market Rents (FMRs), because of the recent extension of regulatory waivers increasing payment standards up to 120 percent of the FMR in local housing markets affecting the need for additional housing assistance payments (HAP) set-aside funding.

ACTION:

CLPHA is calling on members to:

1) Ask your Members of Congress to support the recommendations included in the public housing industry joint funding request and joint industry letter.

2) Ask your Members of Congress to support the THUD funding bill.

3) Ask your Members of Congress to support final passage of a full-year FY23 appropriations bill.

For questions or additional information, contact Gerard Holder, CLPHA Legislative Director at gholder@clpha.org. 

BACKGROUND:

CLPHA and our industry partners today sent a letter (and attachments Exhibit 1 and Exhibit 2) to House and Senate Appropriations Committee members asking to include legislative language that prevents HUD from implementing unilateral changes to the ACC in the forthcoming FY23 appropriations bill. This joint industry request was made by CLPHA, the MTW Collaborative, the National Association of Housing and Redevelopment Officials (NAHRO) and the Public Housing Authorities Directors Association (PHADA).  

CLPHA and our industry partners remain concerned that HUD’s continued attempts to revise the ACC will circumvent the Administrative Procedure Act (APA), unilaterally change the contractual relationship between HUD and public housing agencies (PHAs), and strip PHAs of their ability to challenge HUD’s breach of contract actions, which PHAs have recently successfully litigated. Without the inclusion of the legislative language mentioned in our letter, we are concerned that HUD’s ability to make problematic changes to the ACC has been renewed.  

This week the full House passed six appropriations bills including its version of the FY23 HUD bill. Since the Senate has not yet taken action on their bill version, we hope to have the ACC language included in the Senate bill, and we are seeking eventual conference committee action between the House and Senate to include the ACC language and committee report language.

ACTION: 

We are asking housing authorities to sign and send a similar letter asking their representatives in both the House and Senate to reinstate the legislative language regarding the ACC in the General Provisions section of the FY23 HUD appropriations legislation.  

We’ve drafted a sample letter as a guide for you. 

• Once you’ve downloaded the sample letter, fill out the highlighted fields and personalize the letter as appropriate.  
• We recommend that you email the letter(s) to your representatives.  

If you have any questions, contact Gerard Holder, CLPHA Legislative Director, at gholder@clpha.org.