|
October 17, 2018
Dear Executive Director,
I am writing to give you an update about the
Annual Contributions Contract. As you
know, on May 1, 2018, the U.S. Department of Housing and Urban Development took
steps to implement a new version of the public housing Annual Contributions
Contract (“New ACC”) (HUD-53012). The public housing ACC was amended to
merge the current HUD-53012-A and HUD-53012-B forms into one document, adding
requirements applicable to mixed-finance public housing development and making
updates to the agreement, based on current applicable statutes and regulations.
Since then I have met
with the public housing industry groups and received letters from several of you. I heard concerns
that public housing stakeholders had not received advance notice, did not have an
opportunity to comment on the changes made to the ACC through the Paperwork
Reduction Act (PRA) process and had not been adequately informed concerning the
content and intent of the changes.
After consultation with the Office of
General Counsel, the Department has determined that it will initiate another
PRA process for the revision of the ACC to ensure that you, other stakeholders
and the general public have additional time to comment on the proposed
revisions.
The Department is nullifying the New
ACC retroactive to when it came into effect on May 29, 2018. In its place, the Department is reinstating
the previous version of the ACC that was in effect for your PHA prior to May
29, 2018. Accordingly,
all 2018 funding already drawn down will be governed by your PHA’s previous
ACC.
Please note that the Department’s
Electronic Line of Credit Control System (eLOCCS) has language on the payment
voucher page to state that the PHA confirms that drawing down funds constitutes
an electronic signature for the FY 2018 Capital Fund grant and subjects the PHA
to the requirements of their previous ACC and Capital Fund ACC Amendment
documents posted on the Office of Public and Indian Housing’s (PIH’s) Annual
Contributions Contract Web Page (https://www.hud.gov/program_offices/public_indian_housing/programs/ph/capfund/2018pi/acc). The Web Page indicates that if your PHA is
not authorized under state law to provide an electronic signature, you will
need to submit to your local HUD Field Office of Public Housing a signed copy
of the Capital Fund ACC Amendment before drawing down FY 2018 Capital Funds. PIH has updated the Web Page to make it clear
that the New ACC is no longer in effect.
The Web Page now reflects that each PHA’s previous version of the ACC is
in effect for all public housing purposes including any public housing
financing programs (Mixed-Finance, Capital Fund Financing and Operating Fund
Financing).
Should you have any questions on
reinstituting the previous ACC or the upcoming PRA process, please send your
inquiry to PIHOCI@HUD.GOV.
Thank you for your continued commitment to providing housing to those most in
need.
Dominique Blom
|
