HUD PIH Notice § 2015-05

Project-Based Voucher (PBV) Guidance (HUD PIH Notices)

HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2015-05
                                      U.S. Department of Housing and Urban Development
                                      Office of Public and Indian Housing

Special Attention:                                          NOTICE: PIH-2015-05(HA)

Public Housing Agencies; Public                              Issued: April 1, 2015
Housing Directors Public Housing Agencies that
Administer the Housing Choice                                Expires: Effective until amended,
Voucher Program                                                       superseded, or rescinded

                                                             Cross References:
                                                             Notice PIH 2011-65(HA)
                                                             Notice PIH 2012-21 (HA)

Subject: Project-Based Voucher (PBV) Guidance

1. Timely Reporting Requirements of the Family Report (form HUD-50058 and form HUD-
   50058 MTW) into the Inventory Management System/Public and Indian Housing
   Information Center and timely Submissions into the Voucher Management System for
   Project-Based Vouchers

2. Calculation of the 20 Percent Limit under the Project-Based Voucher Program

3. Public Housing Agency -Owned Units

Purpose

The purpose of this Notice is to provide guidance in three areas of the Project-based Voucher
(PBV) program that HUD believes would be beneficial to public housing agencies (PHAs)
administering the program especially in light of the recent increased interest and activity in the
PBV program. HUD intends to issue, in fiscal year 2015, a more in-depth guidebook related to
the entire PBV program.

Section I of this Notice reminds PHAs of the established timeframes for timely reporting for the
PBV program of the form HUD-50058 into the Inventory Management System/Public and Indian
Housing Information Center (IMS/PIC) and timely Voucher Management System (VMS)
submissions for the PBV program. The Department relies greatly on the accurate, complete and
timely data submitted by the PHAs in IMS/PIC and VMS in order to administer, monitor and
report on the management of the PBV program and to fully justify its budget requests to
Congress.

Section II of this Notice clarifies requirements and provides guidance related to the calculation of
the 20 percent limit on the amount of voucher funding that may be utilized under the PBV
program. Section II also provides guidance on the submission requirements for proposed new

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PBV units in accordance with 24 CFR §983.6.

Section III of this Notice clarifies requirements and provides guidance related to PHA-owned units
under the PBV program. Section III is intended to address specific concerns that have come to the
attention of the Department recently in light of the increased practice of PHA’s attaching PBV
assistance to units owned by the PHA, a subsidiary, non-profit or other ownership entity in
which the PHA has an interest.

Applicability
This Notice applies to all PHAs administering the PBV program.

SECTION I: Timely Reporting Requirements of the Family Report (form HUD-50058 and
form HUD- 50058 MTW) into the Inventory Management System/Public and Indian
Housing Information Center (IMS/PIC) and Timely Submissions into the Voucher
Management System (VMS) for Project-Based Vouchers

    1. Background
       During an audit of the PBV program, the Office of the Inspector General (OIG) found
       that the Office of Public and Indian Housing (PIH) did not have complete and accurate
       information about the PBV program because many PHAs did not comply with HUD’s
       requirements and their administrative plans when reporting information regarding
       program participation.1 Incorrect reporting not only results in inaccurate information
       about the program, but can result in the participant paying the wrong amount. Rent
       calculations are different for families participating in the PBV program and those
       differences are reflected in section 11 of the 50058 from.

    2. Reporting PBV in IMS/PIC
       To ensure that families occupying PBV units are recorded properly in IMS/PIC, PHAs
       must complete section 11 (Section 8: Project Based Certificates and Vouchers), lines 11b
       through 11an, as applicable, of the form HUD-50058. The remaining sections of the
       form HUD-50058 must be completed the same as for regular Housing Choice Voucher
       (HCV) participants with the following exceptions:

         a. Action Codes 10, Issuance of a Voucher and 11, Expiration of Voucher. Action
            codes 10 and 11 do not apply to the PBV program. PHAs do not need to enter action
            code 10 or 11 on the form HUD-50058 for participants that will occupy PBV units.
         b. Payment Standards. Payment standards do not apply to the PBV program.
         c. Portability. Since portability does not apply to the PBV program, action codes 4
            (portability move-in) and 5 (portability move-out) must not be used on line 2a. Also,
            lines 11d through 11f must be left blank.

        MTW PHAs administering PBV must complete section 21, MTW Tenant-Based or
        Project-Based Assistance, of the form HUD-50058 MTW. The remaining sections of the

1
 Audit Report Number 2011-CH-0001
http://www.hudoig.gov/sites/default/files/documents/audit-reports//ig1150001.pdf



                                                        2
   form HUD-50058 MTW must be completed as normal except for 21m, Flat Subsidy
   Amount, which does not apply to the PBV program.

3. Correcting the Form HUD-50058 Report when Section 12 was Incorrectly Used
   In cases where a PHA has reported a PBV participant in section 12, Housing Choice
   Vouchers: Tenant Based Vouchers, of the form HUD-50058 in error, the PHA must
   correct the record by entering the family data in section 11 no later than the family’s next
   recertification. Section 11 must be used for families participating in the PBV program
   since under the PBV program, families never pay more than TTP (as reflected in section
   11 of the 50058).

   PHAs that correct an error must determine if the participant has been paying an incorrect
   rent amount. If so, the PHA must correct the errors starting from the time the incorrect
   reporting began and reimburse any amounts owed to the family.

4. Reporting Voucher Issuance
   A family participating in the PBV program is eligible for tenant-based voucher assistance
   under the HCV program after the family’s first year in occupancy in the PBV unit, if and
   when such assistance (or other comparable assistance) becomes available. When the PHA
   issues a family receiving PBV assistance a HCV, it must enter action code 10 on the form
   HUD-50058.

   The PHA continues to record the participant as VO on line 1c of the form HUD-50058
   and does not enter an End of Participation (EOP) entry for the participant.

5. Timely IMS/PIC Reporting
   Through Notice PIH 2011-65, HUD established the requirement of timely submission of
   form HUD-50058 and form HUD-50058 MTW. The Department requires that form
   HUD-50058 must be submitted no later than 60 calendar days from the effective date of
   any action recorded on line 2b. PHAs that do not submit as required are in non-
   compliance and subject to sanctions as described in Section I paragraph 7 below.

6. Timely VMS Submissions
   Notice PIH 2012-21 is applicable to all PHAs administering the voucher program and
   establishes submission requirements for the VMS. The Department uses VMS data for
   budget formulation, cash management, monitoring, determining renewal funding levels,
   and funding-related factors under the Section Eight Management Assessment Program
   (SEMAP). Therefore, it is imperative that PHAs comply with VMS reporting
   requirements and timelines, ensuring that the information submitted is both timely and
   accurate. The data submitted in the VMS is subject to verification and review by the PIH
   Office of Housing Voucher Programs Quality Assurance Division. PHAs are required to
   submit leasing and cost data in the VMS on a monthly basis; each month’s data is
   submitted during the subsequent month. The VMS is available for regular submissions
   from the 4th through the 22nd of each month. Adjustments to previous months' reported
   VMS data may be entered at any time by utilizing the Prior Month Correction (PMC)



                                             3
        module. Additional information such as how to use the system, prior month corrections,
        viewing data and generating reports is found in the VMS User’s Manual2.

        VMS data reporting is time sensitive, and requests to extend submission deadlines will
        not be considered. However, PHAs that are not able to meet reporting deadlines due to
        circumstances beyond their control must notify the FMC at
        Financial_Management_Center@hud.gov. PHAs that do not submit the required data by
        the reporting deadline may be subject to a withholding or offset of administrative fees.

         a. Reporting PBV Units under an Agreement to Enter into a Housing Assistance
            Payments Contract
           VMS has a field for PHAs to report the number of vouchers that are under an
           Agreement to Enter into a Housing Assistance Payments Contract (AHAP) or
           under a HAP contract. This field is not included in the total vouchers leased
           calculated for each month; it is an information field only. Therefore, this field is
           not used in the calculation of a PHA's administrative fee eligibility or funding
           eligibility. PHAs should continue to use this field to report all vouchers under
           AHAP or HAP Contract each month, whether or not the units are leased. No
           additional reporting is needed at this time for vouchers under AHAP.

         b. PBV Units under a Housing Assistance Payments Contract (HAP)
           PHAs are required to report PBV units that are under HAP Contract in the
           following manner:

                 i. The number of PBVs under HAP Contract and LEASED for the reporting
                    month are to be reported in the normal VMS categories (All Other
                    Vouchers, etc.), and their HAP costs are to be reported in the
                    corresponding normal categories as well.

                ii. PBVs under HAP Contract and NOT LEASED for the reporting month,
                    and for which the PHA is not paying HAP that month, are to be reported
                    only in the Comments section for that month. The PHA only needs to
                    enter a brief comment, such as: "10 PBVs unleased and unpaid.

                iii. The number of PBVs under HAP Contract and NOT LEASED for the
                     reporting month, but for which the PHA made vacancy payments under the
                     specific terms of the HAP contract with the owner, are to be reported in the
                     normal VMS categories (All Other Vouchers. etc.), and their HAP costs are
                     to be reported in the corresponding normal categories as well. They are
                     reported as though leased, so the records reflect accurate HAP costs
                     incurred by the PHA. (The PHA should include a comment in the
                     Comments section when the PHA makes vacancy payments).


2
 The VMS User’s Manual can be found at:
http://www.hud.gov/offices/pih/programs/hcv/pubs/instructions.pdf



                                                       4
             iv. The total number of PBVs entered in the normal categories as leased, or
                 unleased but receiving HAP vacancy payments, plus the total number of
                 PBVs entered in the Comments section as unleased should equal the total
                 number of vouchers under HAP contract on the first day of the reporting
                 month.

             v. If a PHA has been reporting its PBVs in any other manner, the PHA is
                advised to revise the reporting for each month in CY 2014 and CY 2015.
                These revisions should be completed by the deadline date for PHAs to
                enter the March 2015 data into VMS, which is on or about April 22, 2015.

                 Based on accurate reporting as described above, all PHA HAP costs for PBVs
                 will be correctly included in the re-benchmarking formula, and administrative
                 fees will be paid to the PHA for all PBV units under HAP Contract.

   7. Non-Compliance
      Pursuant to 24 C.F.R. § 982.152(d), HUD may reduce or offset any administrative fee to
      the PHA, in the amount determined by HUD, if the PHA fails to perform PHA
      administrative responsibilities correctly or adequately under the program (for example,
      not submitting form HUD-50058s or VMS non-submission).

      If the PHA fails to comply with reporting requirements, HUD may reduce the PHA’s
      administrative fees. The reduction will be calculated beginning the first day of the month
      following the submission closing due date. The monthly reduction will continue until
      such time as the PHA complies with the reporting requirements or a waiver is granted.
      The imposition of such reductions will be communicated under separate cover and may
      represent a permanent reduction in funding for administrative fees for the current
      calendar year that shall not be reversed. However, this will not impact the baseline
      administrative fee calculations.

SECTION II: Maximum Amount of PBV assistance (20 Percent Limit) in the PBV
Program and PHA submission requirements under 24 CFR 983.6(d)

   1. Overview
      Section 8(o)(13)(B) of the United States Housing Act of 1937 (42 U.S. C §
      1437f(o)(13)(B)) (the Act) provides that not more than 20 percent of the funding
      available for the PHA’s HCV program may be used for project-based assistance. This
      statutory limitation applies to all PBV assistance except where Congress has explicitly
      waived or given HUD the discretion to waive the limitation. The program regulation
      that effectuates the above cited statute is 24 CFR §983.6.

      a.     Percentage of Voucher Budget Authority that is Project-based
             To determine the percent of voucher budget authority (BA) that the PHA is
             project-basing for purposes of the 20 percent limit, the following calculation is
             used:



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                Amount of Project-Based Voucher BA                 = % of PBV BA
                Amount of Voucher BA


                The percentage of BA that may be project-based may not exceed 20 percent.
                Detailed guidance on how to determine the amounts of BA used to calculate
                this percentage is provided later in this Notice.

        b.      Impact of RAD on the Percentage of PBV BA Calculation
                In determining the amount of voucher BA that may be project-based, there is an
                exception for the BA attributable to voucher units that are project-based under the
                Rental Assistance Demonstration (RAD). RAD is authorized by the Consolidated
                and Further Continuing Appropriations Act of 2012 (Public Law 112-55,
                approved November 18, 2011)3. RAD consists of two components. The first
                component allows projects under the public housing and Moderate Rehabilitation
                programs to convert their assistance to long-term, project-based Section 8 rental
                assistance contracts. The second component allows owners of projects funded
                under Rent Supplement (Rent Supp), Rental Assistance Payment (RAP), and
                Moderate Rehabilitation contracts to convert tenant protection vouchers (TPVs),
                provided when those contracts end, to PBV assistance (see HUD Notice PIH
                2012-32 for detailed information on RAD conversions).

                Under RAD, HUD has waived the statutory and regulatory provisions regarding
                the 20 percent limitation for PBV. As a result, RAD PBV units are not subject to
                the 20 percent limitation on PBV BA. Furthermore, a PHA that is administering
                RAD PBV assistance does not take the BA attributable to the RAD PBV contracts
                into consideration when calculating the 20 percent limitation for any non-RAD
                PBV contracts. In other words, the BA committed to RAD PBV is excluded from
                both the numerator and the denominator when calculating the percent of available
                BA that may be project-based for non-RAD PBV assistance:

                Amount of PBV BA minus RAD PBV BA                  = % of non-RAD PBV BA
                Amount of Voucher BA minus RAD PBV BA


                The percentage of the PHA’s non-RAD PBV BA, as calculated above by
                removing the RAD PBV BA from both the numerator and the denominator,
                may not exceed 20 percent.

        c.      24 CFR 983.6(d) Intent to Project-base
                In order to improve oversight and monitoring of the statutory 20 percent
                limitation requirement, the Final Rule Implementing Changes Pursuant to the
                Housing and Economic Recovery Act (HERA) of 2008 79 Fed. Reg. 36146
                (June 25, 2014) effective July 25, 2014, requires the PHA to provide advance

3
 The second component of RAD received additional authorization by the Consolidated Appropriations Act of 2014
(Public Law 113-76, approved January 17, 2014).

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notice to the HUD field office of its intent to project-base vouchers. In addition
to notifying the HUD field office of its intent, the PHA must submit some basic
information to the HUD field office for review. The information is designed to
demonstrate that the PHA has sufficient BA available to carry-out its planned
project-basing activity while remaining in compliance with the 20 percent cap.

The PHA submits:
       The total amount of annual budget authority;
       The percentage of annual budget authority available to be project-
         based; and
       The total amount of annual budget authority the PHA is planning to
         project-base pursuant to the selection and the number of units that
         such budget authority will support.

The information should be submitted to HUD no later than 14 calendar days
prior to the date that the PHA intends to issue the Request for Proposals or
make a selection based on a previous competition in accordance with 24 CFR
§983.51(b). The PHA submits the required information electronically to the
HUD field office by sending an email to: pbvsubmission@hud.gov. The PHA
must also copy the relevant local HUD Office of Public Housing (PH) Director
on its email submission. The relevant local HUD PH Director’s email address
can be found at the following location:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_hous
ing/about/focontacts#4CPH, and in the HUD Locator at
http://www5.hud.gov:63001/po/i/netlocator/

The subject line of the e-mail must include the PHA number (e.g., PA195). The
body of the email must clearly identify each of the three submission items. The
email must also identify the PHA representative that the HUD field office should
contact if HUD has any questions regarding the PHA submission, and the contact
information for that PHA representative. A suggested format and example email
is provided as Attachment A to this Notice. HUD will reply to the PHA’s email
promptly to notify the PHA if:

       HUD determines the PHA is unable to proceed with its plans to project-
        base because the 20 percent limitation will be exceeded;
       If there is a material error in the PHA’s calculations;
       If there is a need for additional information or any other issue with the
        PHA’s submission that must be addressed; or
       If the 20% limit is not exceeded (this acknowledgement does not imply
        any other HUD approval).

The information that the PHA is required to submit under 24 CFR §983.6(d) is
a simplified calculation that uses the PHA’s annual budget authority (ABA) to
demonstrate the PHA has sufficient budget authority to fulfill its PBV plans and
remain under the 20 percent limit. Paragraph 2 below provides guidance on the


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          information that must be provided to the HUD field office, as well as the
          calculations that the PHA uses to determine that information, under 24 CFR
          §983.6(d). Paragraph 3 explains how exceptions for RAD PBV assistance
          modifies the calculation of the percentage of voucher ABA that is available for
          project-basing and the information that is provided to HUD in accordance with 24
          CFR §983.6(d).

   d.     Calculation of Percentage of PBV BA based on all available BA (including
          PHA HAP reserves)
          In cases where the PHA has already project-based a significant percentage of
          voucher BA, the streamlined methodology pursuant to 24 CFR §983.6(d) may
          not be sufficient for the PHA to demonstrate that it has necessary BA available
          to proceed with its project-based plans. In those instances, or in any other
          instance where the PHA wishes to determine the exact maximum amount of
          BA that is available for PBV assistance, the PHA HAP reserves (both HUD-
          held and PHA-held) are also taken into account in determining available BA.
          Paragraph 4 explains how available BA is calculated to determine the
          percentage of PBV BA when PHA HAP reserves are included.

   e.     Moving to Work agencies
          Many HCV program statutory and regulatory requirements, including
          requirements that apply to PBV, may not apply to PHAs participating in the
          Moving to Work Demonstration (MTW). If a MTW agency has received
          approval from HUD in its Annual MTW Plan to waive or implement alternative
          requirements under the PBV program for any requirements covered under this
          Section of this Notice, the MTW Agency shall follow its approved Annual
          MTW plan.

2. PBV Submission Requirements under 24 CFR §983.6
   This subsection covers the three submission requirements for PHAs that are not
   administering RAD PBV. Please refer to paragraph 3 for information on the impact RAD
   PBV has on the 20 percent limit calculation, and how the exception for RAD PBV
   impacts the submission calculations and requirements under 24 CFR §983.6(d) for future
   non-RAD PBV actions.

   a.     Total Amount of ABA.
          In determining the amount of voucher BA that may be project-based, the first step
          is to calculate the amount of the PHA’s available BA. Under the streamlined,
          simplified methodology, the PHA’s ABA is used as a proxy for available BA.
          The PHA must provide the total amount of ABA to the HUD field office in
          accordance with 24 CFR §983.6(d)(1).

          ABA is the amount of the PHA’s renewal funding for the calendar year (CY) and
          any non-renewal funding (such as funding increments for tenant protection
          vouchers and HUD-VASH vouchers) that is available for the CY. Enclosure A of
          the PHA’s renewal notification letter provides the amount of renewal funding, as


                                          8
well as any non-renewal funding that, as of the date of the Enclosure A, is
available for the CY. (See Attachment B of this notice for an example of where
this information is listed (summary line 2on the Enclosure A)). If the PHA has
received any new voucher funding increments (e.g., HUD-VASH, tenant
protection vouchers) following the date of the PHA’s most recent renewal
notification letter and Enclosure A, the PHA adds the funding from that new
increment that is attributable to the CY to the amount listed on summary line 2 on
the Enclosure A to calculate its ABA. To determine the amount of the new
funding increment that is part of the ABA, the total funding in the increment is
divided by the number of months in the term to determine a monthly amount.
That monthly amount is multiplied by the number of months the increment is
funded for the CY in question. If the PHA is uncertain if a new increment is
included in the CY Non-Renewal Funding to Date line on the most recent
Enclosure A, the PHA should contact their financial analyst in the Financial
Management Center (FMC) for assistance.

Example:
The PHA is calculating its ABA and has the following new increment that is not included in the
Enclosure A information:

HUD-VASH Voucher Funding Increment, effective 7/1/14
Initial Term: 12 months
Budget Authority: $2.4 million
Monthly Amount: $200,000 ($2.4 million divided by 12)
Months attributable to CY 2014: 6 (July – December 2014)
BA included in CY 2014 Annual Budget Authority: $1.2 million ($200,000 x 6 months)

The calculation for the amount of ABA that the PHA will submit to the HUD field office is as
follows:
CY HCV Renewal Funding (from Enclosure A)
+ CY Non-Renewal Funding to Date (from Enclosure A)
+ CY Non-Renewal Funding from Increments not included on Enclosure A
= Annual Budget Authority

Illustration:
Enclosure A CY 2014 HCV Renewal Funding = $19 million
Enclosure A for CY 2014 Non-renewal Funding to Date = $800,000.
CY 2014 Non-Renewal Funding not included on Enclosure A = $1,200,000.
ABA = $21 million ($19 million + $800,000 + $1,200,000).
PHA reports $21 million as its ABA to the HUD field office under 24 CFR §983.6(d)(1).




                                      9
b.     Percentage of ABA Available to be Project-Based.
       The next item the PHA needs to determine for the submission to the HUD field
       office is the percentage of ABA that is available to be project-based. The PHA
       uses the following information to calculate this submission item:
          The amount of ABA that is
                                                  Step 1 Example:
           currently committed to PBV and
           the percentage of ABA that amount      PHA’s monthly actual PBV HAP expenses = $68,750
           represents.
                                                  Anticipated PBV HAP for any units under PBV HAP for
          The percentage of ABA that is still    which there was no HAP or vacancy payment= $1250
           available for additional project-
           basing.                                *(In this example the PHA has 2 units under PBV HAP
                                                  contract for which neither a HAP payment nor a vacancy
Step 1: Determine the amount of ABA that is       payment was made for the most recent month. The PHA
currently committed to PBV.                       determines that the average HAP payment under the PBV
        In order to complete this step, the PHA   HAP contract is $625. The PHA multiplies $625 x 2 to
                                                  determine the anticipated PBV HAP cost of those two
        calculates the current monthly HAP        units.)
        expenses for PBV units currently
        under PBV HAP contract. The PHA           PHA’s monthly PBV HAP expenses for units under HAP is
        would include any vacancy payments        $68,750+$1250 = $70,000
        it is making as part of the current
                                                  Anticipated PBV monthly HAP expenses for units not yet
        monthly HAP expenses.                     under HAP is the number of PBV units not yet under HAP
       For any units that are under HAP           multiplied by the PUC.
       contract but for which the PHA did not     *(If PUC unknown, substitute Maximum PBV rent to
       make a HAP payment or vacancy              owner minus HCV program average TTP)
       payment for the month in question, the
       PHA may use the average HAP                Number of units = 40 units
       payment for the PBV contract to            Estimated PUC =$750
       estimate the BA committed for that         40 units x $750 PUC =$30,000
       particular unit.
       In addition, the PHA must add the          Anticipated monthly HAP expenses plus actual monthly
                                                  PBV HAP expenses = Total monthly PBV HAP expenses.
       anticipated monthly HAP costs for any
       project-based units not yet under HAP      $30,000 + $70,000 =$100,000
       but for which the PHA:
                                                  Total monthly HAP expenses annualized represents ABA
       (1) has issued a notice of proposal        currently committed to PBV
       selection or
                                                  $100,000 x 12 months = $1.2 million
       (2) are currently under an Agreement
       to Enter into a HAP Contract (AHAP).
       If the PHA does not know the actual
       per unit cost (PUC) for the units that are not yet under a PBV HAP contract, in
       order to calculate the monthly HAP expenses the PHA estimates the PUC for
       those units by using the rent to owner (as determined in accordance with 24 CFR§
       983.301) minus the average TTP for the PHA program until the actual cost is
       known. The PHA then annualizes the total monthly PBV HAP that is currently
       committed to PBV by multiplying by 12. *(see sidebar for step 1 example)

                                        10
Step 2: Determine the percentage of ABA that is currently committed to PBV.

       The ABA currently committed to PBV (step 1) is divided by ABA to determine
       the percentage of ABA currently committed to PBV.

            Amount of Project-Based BA = % of PBV BA
               Amount of BA

                     $1,200,000                  = 6%
                     $20,000,000


Step 3: Determine the percentage of annual budget authority available to be project-
based.

       To complete this step, the PHA simply subtracts the percentage of ABA currently
       committed to PBV from 20 percent.

       Example:
       Maximum % of ABA that may be project-based = 20%
       Percentage of ABA currently committed to PBV = 6%
       20% minus 6% = 14%


c.     Total Amount of ABA the PHA is Planning to Project-Base Pursuant to
       the Selection and the Number of Units that such Budget Authority will
       Support.
       The last item the PHA includes in its submission to the HUD field office is the
       amount of ABA the PHA is planning to project-base and the number of units the
       budget authority will support. If this amount of ABA the PHA is planning to
       project-base is less than the amount of ABA that is still available for project-
       basing (as determined in paragraph 3(b) above), then the PHA submission
       demonstrates that the PHA has the necessary budget authority available to
       proceed with its project-basing plans.

      Example: PHA Submission

      The PHA intends to issue a request for proposals for project-based vouchers. The PHA is planning
      to make up to $750,000 in ABA available for this purpose to support approximately 100 vouchers.

      PHA submits to HUD:
      Total amount of ABA is $20,000,000
      Percentage of ABA available to project-base is 14%
      Total amount of ABA PHA is planning to project-base is $750,000
      Vouchers ABA will support is 100 vouchers

      $750,000         = 3.75% (represents less than percentage of ABA available to project-base – PHA
      $20,000,000               submission demonstrates available ABA to proceed)

      The PHA had 14% of ABA available for project-basing prior to its plans to project-base $750,000 in
      ABA. Since 3.75% is less than the percentage available to project-base, the PHA may proceed with
      its plans to request proposals for PBV units.
                                            11
3. RAD PBV Adjustments to the Percentage of BA that is Project-based Calculation
   and PHA Submission Requirements under 24 CFR §983.6(d)
   As noted above, HUD waived the 20 percent limitation at section 8(o)(13)(B) of the
   United States Housing Act of 1937 as well as 24 CFR §983.6 for PBV units under the
   RAD demonstration. Consequently, a PHA does not submit the information required
   under 24 CFR §983.6(d) to HUD when project-basing vouchers under RAD (unless
   subsequent guidance issued for the RAD modifies this policy).

   In addition, neither the HAP costs for RAD PBV units nor the BA used to cover those
   HAP expenses are taken into consideration in determining the amount of BA the PHA
   may use to project-base non-RAD voucher units. As noted earlier, the PHA would
   exclude the RAD PBV BA from both the numerator and the denominator in determining
   the percentage of BA that is currently being used for PBV.

   Example:
   Total ABA - $20,000,000
   ABA committed to PBV - $3,000,000
   RAD PBV - $1,000,000
   To determine where the PHA is in relation to the 20% limitation on PBV, the RAD PBV ABA is
   subtracted from the PBV ABA (numerator) and the total ABA(denominator) to calculate the
   percentage of ABA that is being used for project-based assistance.
   Total PBV ABA (RAD & non-RAD) – RAD PBV ABA = % of ABA attributable to PBV exclusive of RAD
          Total ABA - RAD PBV ABA

   Illustration

   $2 million ($3 million - $1 million)    =        10.5%
   $19 million ($20 million -$1 million)



   **For a PHA that is administering RAD PBV, the ABA committed to RAD PBV is not
   counted in any of the calculations to determine whether the PHA has budget authority to
   project-base vouchers outside of RAD, nor is it included in any of the calculations the
   PHA completes to submit the required information to the HUD field office under 24 CFR
   §983.6(d). An example is provided in Attachment C of this Notice of how a PHA
   administering RAD PBV would calculate the submission items under 24 CFR §983.6(d)
   for a new non-RAD PBV proposal.

4. Calculating the Percentage of PBV BA using all available BA
   As noted above, the required submissions to HUD are based on a simplified,
   streamlined approach. In most cases it is sufficient to demonstrate the PHA has the
   necessary budget authority available to implement its planned project-based activities.
   However, if a PHA has already project-based a significant percentage of voucher
   budget authority, the streamlined methodology required by 24 CFR §983.6 may not be


                                               12
     sufficient for the PHA to demonstrate that it has available budget authority to fulfill its
     future project-basing plans. The PHA may also wish to determine the exact maximum
     amount of budget authority that is available at a given time for planning purposes.
     Available budget authority includes the PHA HAP reserves (both HUD-held and PHA-
     held) which are also taken into account in determining the PHA’s authority to project-
     base vouchers. In addition to ABA, as determined in paragraphs 2 and 3 above, the
     current reserve balances (both HUD-held and PHA-held) are added to determine the
     total amount of budget authority that is available for purposes of calculating the 20%
     limit and the percentage of total budget authority that is still available for project-
     basing.
     The calculation for the ABA that the PHA submits to the HUD field office in such
     instance is as follows:
     CY HCV Renewal Funding (from Enclosure A)
     + CY Non-Renewal Funding to Date (from Enclosure A)
     + CY Non-Renewal Funding from Increments not included on Enclosure A
     + Current Amount of HUD-held Reserves
     +Current Amount of PHA-held Reserves (NRA)
            Total Budget Authority
     The PHA may not use the estimated HUD-held Program Reserves and Net Restricted
     Asset (NRA) amounts from the Enclosure A. The PHA must use the current reserve
     balances. If the PHA has questions or needs assistance regarding the current HUD-held
     reserve balance and/or PHA NRA, the PHA should contact their financial analyst in the
     FMC.
     To assist in the calculations described in this section of this Notice, a sample worksheet is
     attached to this Notice as Attachment D.


SECTION III: PHA-Owned Units under the PBV Program
  1. Background
     Section 8(f) of the Act (42 U.S. Code § 1437f(f)) defines owner for purposes of the
     Section 8 program to include a public housing agency having the legal right to lease or
     sublease dwelling units. Sections 8(o)(11) and 8(o)(13)(F) of the Act impose certain
     statutory requirements and limitations on leasing of PHA-owned units under the PBV
     program. Those requirements are discussed in more detail in the paragraphs that follow.

     NOTE: PHAs participating in the Moving to Work Demonstration (MTW) can waive
     many statutory and regulatory provisions pertaining to the housing choice voucher
     program (including the PBV program). If a MTW agency has received approval from
     HUD in its Annual MTW Plan to waive or implement alternative requirements under
     the PBV program for any requirements covered under this Section of this Notice, the
     MTW Agency shall follow their approved Annual MTW plan.



                                              13
2. PHA-Owned Units - Ownership
   In accordance with 24 CFR §983.3, PHA-owned, for purposes of the PBV program,
   means that the PHA or its officers, employees, or agents hold a direct or indirect interest
   in the building in which the units are located, including an interest as:

           titleholder
           lessee
           lessee of the land
           a stockholder
           a member, or general or limited partner,
           a member of a limited liability corporation
           an entity that holds any direct or indirect interest in a limited partnership
           an entity that holds any direct or indirect interest in a limited liability company

   If a PHA, its officers, employees or agents possess any interest in the building or land,
   the project or building is considered PHA-owned and must comply with all statutory,
   regulatory, and any other HUD requirements governing PHA-owned units.

3. Independent Entity
   Section 8(o)(11) of the Act requires that the unit of general local government or a HUD-
   approved independent entity perform certain functions for PHA-owned units. Those
   functions include performance of housing quality standard (HQS) inspections, and
   determining rent reasonableness for PHA-owned units. Section 8(o)(13)(F) of the Act
   also requires that the PHA and the unit of general local government or HUD-approved
   independent entity agree to the term of any HAP contract.

   If the PHA itself is the unit of general local government or an agency of such
   government, the independent entity must be a HUD-approved public or private entity.

   The entity and PHA must possess an autonomous relationship. Therefore, the parties
   must not be connected legally, financially (except with regard to compensation for
   services performed for PHA-owned units), or in any other manner that could cause either
   party to be improperly influenced by the other. The independent entity must perform its
   responsibilities in an unbiased manner, and the PHA must not take any action that could
   prevent the independent entity from making unbiased determinations related to its
   responsibilities. The PHA must submit to the HUD field office documentation that
   demonstrates or supports the independent nature of the parties’ relationship.

   a.       HUD Approval
            PHAs planning to attach PBVs to PHA-owned units, must identify, in writing, the
            proposed independent entity and submit it to the local HUD Office of Public
            Housing prior to entering into the AHAP for new construction and rehabilitation
            or prior to selection for existing housing. If the PHA plans to utilize an
            independent entity to review selection of the PHA’s proposal for PBV assistance,
            the PHA must submit the request for approval of the proposed independent entity
            to the local HUD Office of Public Housing at the same time the PHA notifies

                                              14
          HUD of its intent to project-base units in accordance with program regulations at
          24 CFR §983.6. If the PHA plans to use different independent entities to perform
          different functions, the PHA must submit for approval each independent entity it
          plans to use and identify the function the entity will perform. Once an
          independent entity has been approved, if the PHA will use the same HUD-
          approved independent entity to perform the same function for which it was
          previously approved, the PHA simply must certify in writing that it will use the
          previously HUD-approved independent entity for the particular function. The
          PHA must submit the certification to HUD prior to AHAP or when it notifies
          HUD of its intent to project-base as described above.

   b.     Payment for Program Services
          The Act requires that expenses associated with services of the independent entity
          are the responsibility of the PHA. The PHA may compensate the independent
          entity from PHA ongoing administrative fee income (including amounts credited
          to the administrative fee reserve (i.e. Unrestricted Net Assets)). The PHA may
          not use other program receipts to compensate the independent entity for its
          services.

          The PHA, and the independent entity, may not charge any family that occupies or
          will occupy a PBV PHA-owned unit any fee for the services provided by the
          independent entity.

4. Selection of PHA-owned Units
   A PHA may submit a proposal for PBV assistance in connection with PHA-owned units.
   If the PHA selects a proposal for PHA-owned units, such units shall only be assisted
   under the PBV program if the HUD field office or a HUD-approved independent entity
   reviews the PHA’s selection process and determines that the PHA-owned units were
   appropriately selected based on the selection procedures specified in the PHA’s
   administrative plan. The PHA may either choose to hire an independent entity to review
   the PHA’s selection process or request the local HUD Office of Public Housing’s review.
   If the PHA chooses to hire an independent entity, the PHA must submit the name of the
   independent entity to HUD for approval in accordance with Section III paragraph 3.a.
   above.

   a.     PHA Selection Procedures
          The PHA’s selection procedures must apply to all PBV proposals and must be
          designed in a manner that does not effectively eliminate the submission of
          proposals for non-PHA-owned units nor gives undue preferential treatment (e.g.,
          additional points) to PHA-owned units.

   b.     Submission Requirements
          If PHA-owned units are selected for the attachment of PBV assistance to dwelling
          units the PHA must submit the following to the HUD Field Office or HUD-
          approved independent entity:



                                          15
               i. all proposals submitted for PBV assistance in connection with the
                  particular selection including proposals submitted for selection in
                  accordance with 983.51(b)(2);
              ii. a copy of the PHA’s administrative plan;
             iii. if the proposal was selected pursuant to a request for proposals in
                  accordance with 983.51(b)(1), a copy of the solicitation; and
             iv. if the proposal was selected pursuant to a qualifying previous competition
                  in accordance with 983.51(b)(2), a copy of the proposal for the previous
                  competition, and any award letter provided in connection with the
                  previous competition.

5. Contract Requirements for PHA-owned Unit

   a.     Parties
             i. Under the PBV program, the contract administrator and the owner
                  cannot be the same legal entity (i.e., the PHA acting as contract
                  administrator cannot execute a contract with itself as the owner of the
                  PBV units). The PHA must establish a separate legal entity to serve as
                  the owner. Such entity may be one of the following:
                  1.     a non-profit affiliate or instrumentality of the PHA;
                  2.     a limited liability corporation;
                  3.     a limited partnership;
                  4.     a corporation; or
                  5.     any other legally acceptable entity recognized under State law.

   b.     Initial and Renewal HAP Contract Term
          The term of the HAP contract and any HAP contract renewal for PHA-owned
          units must be agreed upon by the PHA and the unit of general local government
          or the independent entity approved by HUD. Any costs associated with
          implementing this requirement must be paid for by the PHA.

6. Inspection of PHA owned Units
   In the case of PHA-owned units, the inspections required under the PBV program must
   be performed by a HUD-approved independent entity, rather than by the PHA. Subpart I
   of 24 CFR Part 982 governs inspections under the Housing Choice Voucher program and
   are made applicable to the PBV program by 24 CFR §983.2 with certain exceptions (see
   §983.2(c)(4)). PBV-specific inspection requirements can be found at 24 CFR Part 983,
   Subpart C. In the case of PHA-owned housing, all PHA responsibilities applicable to the
   PBV program related to HQS under subpart I of Part 982 must be performed by the
   independent entity.

   a.     Initial – Pre-HAP
          For PHA-owned units, the independent entity must perform all initial inspections
          under the PBV program including:

          i. Pre-selection inspection—Inspection of site. For all housing types, the


                                          16
              independent entity must examine the proposed site before the proposal
              selection date.

          ii. Inspection of existing units – If the units to be assisted already exist, the
              independent entity must inspect all the units before the proposal selection
              date, and must determine whether the units substantially comply with the
              HQS. All units to be assisted under the PBV program must be inspected and
              must substantially comply with HQS in order to be selected as existing under
              the PBV program.

          iii. Pre-HAP contract inspections - The independent entity must inspect each
               contract unit before execution of the HAP contract. The PHA may not enter
               into a HAP contract covering a unit until the unit fully complies with the
               HQS.

   b.     Subsequent - Post-HAP
          For PHA-owned units, the independent entity must perform all subsequent
          inspections under the PBV program including:

             i. Turnover inspections - Before providing assistance to a new family in a
                contract unit, the independent entity must inspect the unit. The PHA may
                not provide assistance on behalf of the family until the independent entity
                determines and notifies the PHA that the unit fully complies with the HQS.

             ii. Biennial inspections - At least biennially during the term of the HAP
                 contract, the independent entity must inspect a random sample, consisting of
                 at least 20 percent of the contract units in each building, to determine if the
                 contract units and the premises are maintained in accordance with the HQS.
                 Turnover inspections discussed in subparagraph i. of this paragraph are not
                 counted toward meeting this biennial inspection requirement.

                If more than 20 percent of the biennial sample of inspected contract units in
                a building fails the initial inspection, the independent entity must re-inspect
                100 percent of the contract units in the building.

7. Other inspections
   The independent entity must inspect contract units whenever needed to determine that the
   contract units comply with the HQS and that the PHA-owner is providing maintenance,
   utilities, and other services in accordance with the HAP contract.

   At the family oral briefing (see 24 CFR §983.252), the PHA must provide families with
   up to date contact information for the independent entity and request that families contact
   the independent entity concerning HQS tenant complaints. If families contact the PHA
   directly, the PHA must receive the complaint, inform the independent entity of the
   complaint and once again provide the family with contact information for the
   independent entity. The independent entity must take into account tenant complaints and


                                            17
   any other information coming to its attention in scheduling inspections.

8. Follow-up inspections
   The independent entity must conduct follow-up inspections needed to determine if the
   PHA-owner (or, if applicable, the family) has corrected an HQS violation, and must
   conduct inspections to determine the basis for exercise of contractual and other remedies
   for PHA-owner or family violation of the HQS in accordance with program regulations.
   (Family HQS obligations are specified in 24 CFR §982.404(b).)

9. Notification
   The independent entity must immediately notify the PHA of HQS deficiencies that are
   the responsibility of the PHA-owner by fax or email. A signed report outlining
   deficiencies must also be sent to the PHA the same day the PHA is notified by email or
   fax. For deficiencies identified that require immediate attention because they pose a risk
   to life, health or safety (see 24 CFR §982.404(a)(3)), the independent entity must
   communicate to the PHA-owner immediately via telephone or email. The independent
   entity must confirm receipt of communication.

   a.      Reporting
           The independent entity must report findings for all inspections performed and
           furnish a copy of each inspection report to the PHA and to the local HUD Office
           of Public Housing where the project is located.

   b.      PHA and Field Office Action
           The PHA must take all necessary actions in response to inspection reports from
           the independent entity, including exercise of contractual remedies for violation of
           the HAP contract by the PHA-owner. If the independent entity has attempted to
           resolve all outstanding HQS deficiencies with the PHA-owner but the PHA-owner
           has not taken the necessary actions, the independent entity must contact the
           relevant local HUD Office of Public Housing Director. The local HUD Office of
           Public Housing staff will intervene and attempt to resolve the matter. If the PHA
           continues to fail to take the necessary actions as identified by the independent
           entity, after HUD intervention, the local HUD Office of Public Housing Director
           shall notify the Housing Voucher Management and Operations Division
           (HVMOD) in Headquarters with all relevant facts. HVMOD will determine the
           appropriate enforcement action that may be taken against the PHA-owner in
           accordance with the Consolidated Annual Contributions Contract, HAP contract,
           program regulations and directives. The PHA-owner will be notified in writing of
           the enforcement action.

10. Rent Determinations for PHA-owned Units
    Rent to owner for PHA-owned units is determined pursuant to 24 CFR §983.301 through
    §983.305 in accordance with the same requirements as for other units except that the
    independent entity is responsible for determining the initial rent to owner, re-determined
    rent to owner and the reasonable rent.



                                            18
       a.     Initial
              The independent entity approved by HUD must establish the initial contract rents
              using the method prescribed by PBV program requirements. The PHA must use
              the rent to owner established by the independent entity.

       b.     Subsequent
              The independent entity must re-determine rent to owner in accordance with 24
              CFR §983.303 when any of the following occur:

                i.    Annual anniversary- If the owner requests a rent increase at the annual
                      anniversary date of the HAP contract, the HUD-approved independent entity
                      must perform the annual redetermination of rent to owner in accordance
                      with program regulations.
               ii.    Five percent decrease - Whenever there is a five percent or greater decrease
                      in the published FMR in effect 60 days before the contract anniversary (for
                      the unit sizes specified in the HAP contract) as compared with the FMR in
                      effect one year before the contract anniversary;
              iii.    Change in utility allocation - Whenever the PHA approves a change in the
                      allocation of responsibility for utilities between the PHA-owner and family;
              iv.     Substitution of Contract Unit - Whenever the HAP contract is amended to
                      substitute a different contract unit in the same building or project; and
               v.     Changes - Whenever there is any other change that may substantially affect
                      the reasonable rent.

       c.     Notice of rent redetermination
              Rent to a PHA-owner is re-determined by written notice from the independent
              entity to the PHA-owner specifying the amount of the re-determined rent (as
              determined in accordance with 24 CFR §§983.301 and 983.302). The notice of
              the rent adjustment constitutes an amendment of the rent to owner specified in the
              HAP contract. The amendment should be documented by a signed exhibit to the
              HAP contract.

       d.     Rent Reasonableness
              For PHA-owned units, the amount of the reasonable rent must be determined by
              the HUD-approved independent entity, rather than by the PHA.

                     i. Reporting
                     The independent entity must furnish a copy of the determination of reasonable
                     rent (initial and subsequent redeterminations) for PHA-owned units to the
                     PHA and to the local HUD Office of Public Housing where the project is
                     located.

SECTION IV Paperwork Reduction Act
The information collection requirements contained in this Notice have been approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520) and assigned OMB control numbers 2577-0169 and 2577-0083. In


                                                 19
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.

SECTION V Further Information
For inquiries concerning PIC requirements under Section I of the Notice, please contact the
Housing Voucher Management and Operations Division, at (202) 708-0477, or you may also
contact your local PIC Coach. For inquiries regarding VMS, please contact the Financial
Management Division at (202) 708-2934. Inquiries concerning Sections II and III of this Notice
should be directed to the PHA’s local HUD Office of Public Housing or Diane Thompson-
Bouknight in HUD Headquarters, Office of Public Housing and Voucher Programs, Housing
Voucher Management and Operations Division, via email at diane.a.thompson@hud.gov.



                                                             /s/
                                              Jemine A. Bryon
                                              Acting Assistant Secretary for
                                              Public and Indian Housing




                                                 20
    Attachment A




1
                                                                                                                                  Attachment B
                                                            Calculation of Calendar Year 2014 Renewal Funding
                                                                         Housing Choice Voucher Program

      1 HA Number:                                                                             PH002
      2 HA Name:                                                                               ANYTOWN HSG AUTHORITY

        FUNDS AVAILABLE TO THE PHA FOR CY 2014
        CY 2014 HCV Renewal Funding (from line 26 below)                                                      $9,424,581
        CY 2014 Non-Renewal Funding (TPVs, VASH, etc.), as of 5/22/14                                                 $0
        12/31/2013 HUD-Held Funds                                                                               $703,598
        12/31/2013 PHA-Reported Net Restricted Assets                                                                 $0
        Total Estimated Funds Available for CY 2014                                                                                            $10,128,179

        ELIGIBILITY
      3 Total Unit Months Leased per VMS - CY 2013                                                                 24,014
      4 Total Unit Months Available - CY 2013                                                                      40,332
      5 Capping Percentage (see Notes)                                                                           100.00%
      6 Total CY 2013 HAP Expenses per VMS                                                                    $9,452,940
      7 Total CY 2013 Capped HAP Expenses (Line 5 x Line 6)                                                   $9,452,940
      8 Renewal Funding Inflation Factor                                                                                1
      9 Inflated Eligibility Sub-Total (Line 7 x Line 8)                                                      $9,452,940
     10 First Time Renewals                                                                                           $0
     11 Transfers In or Out                                                                                           $0
     12 Total DHAP Eligibility                                                                                        $0
     13 Total Renewal Eligibility (Line 9 + Line 10 + Line 11 + Line 12)                                      $9,452,940
     14 Proration Factor                                                                                                                              0.997
     15 Prorated Eligibility (Line 13 x Line 14)                                                                                                $9,424,581

        OFFSET
     16 Minimum NRA Balance, 12/31/2013                                                                                                                 $0
     17 Estimated HUD-Held Funds, 12/31/2013                                                                                                      $703,598
     18 Total Estimated Excess Funds (Line 16 + Line 17)                                                                                          $703,598
     19 Excess Funds Not Subject to Offset:
     20 Funds Required to Maintain December 2013 Leasing                                                              $0
     21 Funds Required to Fully Lease VASH Vouchers in 2014                                                           $0
     22 CY 2013 Portion of Incremental Funding                                                                        $0
     23 10% of CY 2014 Renewal Eligibility                                                                      $942,458
     24 Total Excess Funds Not Subject to Offset (Line 20 + Line 21 + Line 22+ Line 23)                                                           $942,458
     25 Excess Funds to Offset (Line 18 - Line 24)                                                                                                      $0

        FUNDING

     26 Total CY 2014 Prorated Renewal Funding, After Offset
           (Line 15 - Line 25)                                                                                                                     9424581

     27 Comments
        The purpose of this revised Enclosure A for CY 2014 renewal funding is to revise the HUD-Held Funds final value reported in the FUNDS AVAILABLE
        FOR THE PHAS IN CY 2014 section, at the top of the document. This document should replace the 2014 Renewal Enclosure that your PHA received
        on March 18, 2014. The original value was to represent funds available after reconciliation of CY 2013 expenses. The value reported herein
        represents undisbursed funds as of the end of CY 2013, since reconciling disbursements and offsets were not made. This value corresponds to the
        12/31/2013 HUD-Held Funds value reported to the PHA in the NRA validation documents recently provided for PHA review, and in the HAP
        disbursement announcements for the months of June and July, 2014. IMPORTANT: The Department decided not to increase the NRA offset and
        thereby reduce the 2014 funding eligibility for PHAs for whom the HUD-Held Funds increased under the revised definition; therefore, this revised
        document does not change values in the ELIGIBILITY, OFFSET or FUNDING sections. This means that the values reported on Lines 16 and 17 of the
        Offset calculation are not the same values reported in FUNDS AVAILABLE FOR THE PHAS IN CY 2014 section.



        New Increments Renewed in CY 2014: Listed below are funding increments for which the PHA is receiving an additional inflation factor in CY 2014
        to support increased costs since the increments were initially funded, or is receiving funding to complete the initial 12 months of new increments
        previously funded for a shorter term.

PHA                                                                                 Expiration                              Inflation   Funding for Short
Number Funding Increment Number                                                     Date       Number of Units              Funding     Term Increments




                                                                       1
                                                                            Attachment C


            Example of PHA Submission Requirement Calculations for a PHA
                              Administering RAD PBV
   To illustrate how RAD impacts the PHA’s submission items to HUD under §983.6(d),
   the example below assumes the above PHA intends to issue a Request for Proposals for
   up to $750,000 for non-RAD PBV.


   The PHA’s total ABA = $20 million (See paragraph 2(a) of Section II of this Notice on
   how to calculate ABA)
   The PHA’s total ABA currently committed to PBV = $3 million (See paragrah2(b) of
   Section II of this Notice for information on how to calculate ABA committed to PBV)
   Of the $3 million ABA currently committed to PBV, the amount committed to RAD PBV =
   $1 million


a. The total amount of annual budget authority the PHA reports to HUD under
   983.6(d)(1)
   ABA = Total ABA minus RAD PBV ABA
   ABA = $20 million - $1 million
   ABA = $19 million
   ABA reported to HUD in accordance with 983.6(d) = $19 million


b. Percentage of ABA available to be project-based the PHA reports to HUD under
   983.6(d)(2).
   Step 1: Determine the amount and percentage of non-RAD ABA that is currently
   committed to non-RAD PBV.
   In our example, the amount of non-RAD ABA that is currently committed to non-RAD
   PBV is $2 million. The percentage of non-RAD ABA that is currently committed to non-
   RAD PBV is 10.5%.
   $2 million ($3 million - $1 million )
   $19 million ($20 million -$1 million) =     10.5%


   Step 2: Determine the percentage of ABA available to be project-based.
   The PHA simply subtracts the percentage of ABA currently committed to PBV from the
   20 percent of ABA.
   Maximum % of non-RAD PBV ABA = 20%


                                           2
   Percentage of non-RAD ABA currently committed to PBV = 10.5%
   Maximum % PBV ABA minus % ABA currently committed to PBV = % ABA available
   for PBV
   20% - 10.5% = 9.5%
c. The total amount of annual budget authority the PHA is planning to project-base
   pursuant to the selection and the number of units that such budget authority will
   support reported to HUD under 983.6(d)(3).
   Assume this PHA is planning to make up to $750,000 in ABA available for this purpose
   to support approximately 100 vouchers.
   PHA Submission
   In this example, the PHA would submit the following information to HUD:
   The total amount of non-RAD annual budget authority = $19 million
   The percentage of non-RAD annual budget authority available to be project-based=
   9.5%
   The total amount of non-RAD annual budget authority the PHA is planning to project-
   base pursuant to the selection and the number of units that such budget authority will
   support = $750,000 (100 vouchers)
   Conclusion: $750,000 is equal to 3.9% of non-RAD ABA ($750,000 divided by $19
   million), which is less than the percentage of non-RAD ABA available to be project-
   based. The PHA has demonstrated it has sufficient BA available to proceed with its PBV
   plans.




                                           3
                                                                    Attachment D

                        20% Calculation Worksheet
                                    Or
http://portal.hud.gov/hudportal/documents/huddoc?id=15-05pihn-atchD.xlsx




                                   4

Source: Legislative text reproduced verbatim
Plain English

PIH Notice 2015-05 provides administrative guidance to public housing agencies (PHAs) on three aspects of the Project-Based Voucher (PBV) program: timely submission of family reports into HUD's tracking systems, calculation of the 20 percent cap on voucher funding that may be used for project-based assistance, and requirements for PHA-owned units. The notice clarifies that PHAs failing to meet reporting deadlines may face reductions in administrative fees, and that PHA-owned units must involve an independent entity for inspections and rent determinations. RAD-assisted units are excluded from the 20 percent cap calculation.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and PHAs participating in the PBV program under PIH Notice 2015-05 generally ensure that form HUD-50058 is submitted within 60 calendar days of any recorded action and that VMS data is reported monthly between the 4th and 22nd of each month. Operators administering PHA-owned units typically engage a HUD-approved independent entity to conduct inspections and determine rents, and submit required documentation to the local HUD Office of Public Housing before entering into an AHAP. Maintaining accurate records helps avoid administrative fee reductions under 24 C.F.R. § 982.152(d).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Families living in PBV units have protections under PIH Notice 2015-05, including the right to accurate rent calculations reflected in section 11 of form HUD-50058—meaning participants should never pay more than their Total Tenant Payment. If a PHA has been reporting a family's information incorrectly, the PHA is required to correct the record and reimburse any overpaid amounts. Tenants in PHA-owned units may contact the independent entity designated under this notice with housing quality complaints, and may also reach out to a local tenant-rights organization or HUD for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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