HUD PIH Notice § 2019-01
Funding Availability for Set-Aside Tenant Protection Vouchers (HUD PIH Notices)
HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2019-01
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Office of Housing
NOTICE PIH 2019–01
NOTICE H 2019–02
Issued: February 15, 2019
This notice remains in effect until
SPECIAL ATTENTION OF: amended, superseded, or rescinded
Regional and Field Office Directors of Supersedes:
Public Housing; Multifamily Regional
Notice PIH 2018-02
Center/Satellite Office Directors; Public Housing
Directors; and Owner/Agents CROSS REFERENCES
PIH 2018-09; PIH 2018-02; PIH 2017-08;
PIH 2016-22; PIH 2016-02; PIH 2011-46;
Consolidated Appropriations Act, 2018
(Public Law 115–141, enacted March 23,
2018)
Subject: Funding Availability for Set-Aside Tenant Protection Vouchers
Purpose. This notice supersedes and replaces Notice PIH 2018-02.
HUD is making up to $5,000,000 available for Tenant Protection Vouchers (TPVs) for certain at-
risk households in low-vacancy areas from Fiscal Year (FY) 2018 Appropriations. The
Consolidated Appropriations Act, 2018 (Public Law 115–141, enacted March 23, 2018) (referred
to hereafter as the FY 2018 Act), provides that up to $5,000,000 of the $85,000,000 appropriated
for TPVs may be made available for this purpose.1 The $5,000,000 made available under the FY
2018 Act will be used in addition to funds remaining under the previous year’s Appropriations
and made available under Notice PIH 2018-02.
TPVs provided under this set-aside are considered “replacement” TPVs and are not subject to the
prohibition on re-issuance that applies to relocation TPVs. An owner is eligible to request
assistance under this notice in the form of either enhanced voucher or project-based voucher
1
There are three broad categories of TPV funding actions: Multifamily Housing Conversions, Public Housing
Actions, and this Set-Aside. This notice focuses only on the set-aside category. More information on the other two
categories may be found in Notice PIH 2018-09.
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(PBV) assistance. See Attachment C for more information about these types of voucher
assistance. This notice explains the eligibility and application requirements for TPV set-aside
funding, in addition to describing how applications will be processed.
If Congress continues to provide TPV set-aside authority under the same terms and conditions
that it has this year (and in recent previous years), HUD will not issue a new TPV set-aside
notice every year; instead, HUD will continue to use this notice for future TPV set-aside
appropriations. HUD will review each years’ appropriations act to ensure that continued use of
this notice is fully consistent with congressional directives on this subject.
Summary of Changes. This notice is different from Notice PIH 2018-02 in the following ways:
• As stated in the “Purpose” section above, a new TPV set-aside notice will no longer be
issued every year; instead, this notice will be applicable to future TPV set-aside
appropriations. HUD will review each years’ appropriations act to ensure that continued
use of this notice is fully consistent with congressional directives on this subject.
• Section I is revised to clarify that current applications do not need to be resubmitted.
• Section II.A is revised in the following ways:
o Establishes that qualifying low-vacancy areas will be updated annually and
establishes the effective dates of such lists.
o Clarifies that if an application was submitted between July 1, 2018 and the date of
publication of this notice, the project will be considered low-vacancy as long as
the project is in either the FY 2017 or the FY 2018 low-vacancy list.
• Revises Section II.C.1 to address turnover of units between the date the owner submits a
request under this notice and the date of the triggering event, where the owner is
submitting a request ahead of the triggering event.
• Revises several sections of the notice to establish that the initial point of contact for
owners of properties with maturing Section 202 Direct Loans will be the Office of
Recapitalization who can be contacted at Pre1974Section202@hud.gov.
• Makes the following changes to Attachment C “Description of Project-Based Voucher
Program and Enhanced Vouchers”:
o Revises the introductory paragraph in Attachment C to more appropriately
address the purpose of the attachment.
o Removes references to those PBV requirements that are applicable to TPV
funding used for PBV assistance under this notice. Such removal does not mean
that those requirements are no longer applicable. Instead, because most PBV
requirements are applicable to funding under this notice, and to avoid any
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confusion, the attachment will only reference the few PBV requirements that are
not applicable.
o Removes the requirement to execute a separate HAP contract where project-based
vouchers will be used for additional non-TPV units at the project. This includes:
(a) adding TPV units awarded under a separate set-aside funding award for the
same project, and (b) adding units utilizing budget authority allocated to the PHA
under the HCV program. Addition of units must be in accordance with §983.206
(as amended by HOTMA). This policy applies to PBV contracts entered into
pursuant to this notice, and all previous TPV set-aside notices.
o Clarifies that any non-TPV units added to a PBV HAP contract put in place
pursuant to a TPV set-aside notice are subject to the program cap and the project
cap, unless the unit is specifically excepted from the program and project cap
under PBV requirements.
• Revises Attachment D “PHA Processing Steps” to remove references to those PBV
requirements that are applicable to TPVs under this notice in conformity with the changes
to Attachment C described above.
I. Application Submission. Subject to the following conditions, HUD will accept owner
requests for TPV assistance under this notice on a rolling basis:
A. Funding under this TPV set-aside remains available;
B. HUD has not issued subsequent guidance for set-aside assistance; and
C. Congress has not enacted language prohibiting the use of carryover funds or
directing that TPV set-aside funds be used in a manner that is inconsistent with
this notice.2
Applications submitted under PIH 2018-02 (which covered the FY 2017 TPV set-aside
funding) and received by HUD prior to the publication of this notice do not need to be
resubmitted, because the eligibility and application requirements continue to be the same.
See the description of low-vacancy areas (Section II.A below) for more information
concerning which low-vacancy list would be applicable.
II. Eligibility Requirements. An owner who wishes to request assistance under this notice
must meet all of the eligibility requirements described below.
A. Low-vacancy areas. HUD will publish an updated list of low-vacancy areas on an
annual basis. Each list will be identified by the applicable funding fiscal year and
will be effective for one year, from July 1 to June 30. The county where the project is
located must be listed in the low-vacancy list in effect as of the date of application
2
Owners may inquire to their HUD Account Executive or Pre1974Section202@hud.gov as to the continued
availability of TPV set-aside funding prior to preparing the application material described in this notice.
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submission to be eligible for TPV set-aside funding. See the table below for
examples to help explain this policy.
Examples:
Date of application Applicable low-
submission: vacancy list:
July 1, 2018 to June 30, 2019 FY 2018
July 1, 2019 to June 30, 2020 FY 2019
July 1, 2020 to June 30, 2021 FY 2020
If an application was submitted between July 1, 2018 and the date of publication of
this notice, the project will be considered low-vacancy as long as the project is in
either the FY 2017 or the FY 2018 low-vacancy list.
The lists of low-vacancy areas will be published and available in the following
website: https://www.huduser.gov/portal/datasets/lowvactpv.html. Attachment E
describes the methodology used by HUD for determining low-vacancy areas.
B. Triggering event.3 The occurrence of at least one of the events described below
triggers eligibility for assistance under this notice: The triggering event must have
occurred in the 5 years prior to the owner’s submission or must be anticipated to
occur within 180 days of the owner’s submission described in Section III:
1. The maturity of a HUD-insured, HUD-held, or Section 202 loan that would
have required the permission of the Secretary prior to loan prepayment. This
category includes only properties with the following types of matured
mortgages:
a. Section 202 direct loan;
3
As indicated in TPV set-aside Notice PIH 2018-02/H 2018-01, HUD has determined that implementation of a time
limit on triggering events is necessary to ensure that this discretionary set-aside funding is appropriately awarded to
projects for the authorized purpose on behalf of eligible families. In light of this, a previous category of triggering
events identified by HUD in the past as qualifying under the second prong detailed in the appropriations act (that is,
RAP contracts that expired prior to FY2012 and Rent Supplement contracts that expired prior to FY 2000) is no
longer offered as an eligible category under this set-aside notice. Under the 2018 appropriations act (and prior
appropriations acts that authorized a similar, discretionary set-aside of TPV funding), set-aside funding for expiring
rental assistance contracts can only be provided in cases where families are not eligible for TPVs under existing law.
The expiration of a Rent Supplement or RAP contract triggers the provision of TPVs under existing law. Moreover,
this has been the case since FY 2000 for Rent Supplement contract expirations and since FY 2012 for RAP contract
expirations.
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b. Section 236 insured or HUD-held mortgage;
c. Sections 221(d)(3)–(d)(5) Below Market Interest Rate (BMIR)
insured or HUD-held mortgage.
A direct loan or FHA-insured mortgage note will specify if HUD approval is
required for prepayment. If the Section 202 direct loan note is silent on whether
HUD prepayment approval is required, then the maturity of the direct loan is a
triggering event under this category.
Maturity of any other type of mortgage, for example a mortgage made by a state
Housing Finance Agency, does not qualify under this category.
2. The expiration of affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary. This category includes
two groups of properties, as follows:
a. Properties with matured Section 202 direct loans, Section 236
insured or HUD-held mortgages, or Section 221(d)(3)-(d)(5)
BMIR insured or HUD-held mortgages where permission of the
Secretary would not have been required prior to mortgage
prepayment. To be eligible under this category, the underlying
affordability restrictions at the property must have expired with
maturity of the mortgage. Note, the distinction in this category is that
permission from the Secretary for mortgage prepayment is not
required.
b. Properties with expired “stand alone” affordability restrictions.
This group includes properties that had a HUD-imposed
affordability restriction that expired in FY 2018 or in the 5 years
prior to the owner’s submission. To be eligible under this
category, the project with the expired affordability restriction must
not, at the time of the request for assistance, have an active Section
202 direct loan, or an active Section 221(d)(3)-(d)(5) BMIR
insured or HUD-held mortgage or Section 236 FHA-insured or
HUD-held mortgage. This category includes projects that had a
HUD-imposed affordability restriction and may have been
financed with a state-insured mortgage. The expired/expiring
affordability restriction must be a HUD-imposed affordability
restriction that restricted the property to operate as affordable
housing to very low, low, and/or moderate income households.
This may include, but is not limited to, the Preservation programs
under the Title II Emergency Low Income Housing Preservation
Act (ELIHPA) and the Low-Income Housing Preservation and
Resident Homeownership Act (LIHPRHA), Section 236(e)(2)
Decoupling Use Agreement, Section 250 Prepayment Use
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Agreement, or a Section 219 Prepayment Use Agreement. An
Interest Reduction Payments Agreement associated with a state
non-insured 236 mortgage also meets the criteria under this
category. The expiration of a project affordability restriction
imposed by another agency or funder does not meet the criteria
under this category.
C. At-risk residents. The project must contain residents that are eligible to receive
TPV assistance. A resident is eligible to receive TPV assistance if the resident:
1. Resides at the project:
a. If the triggering event happened before application submission: If the
triggering event happened before the owner submits the request (note the
timing requirements described in Section II.B above), the resident must
reside at the project at the time of the owner’s submission and must have
also resided at the project at the time of the triggering event.
b. If the triggering event will happen after application submission: A
resident that moves in after the owner’s submission under this notice, but
prior to the triggering event, must reside at the project at the time of the
triggering event. Owners must ensure that new residents are informed of
the owner’s application for assistance under this notice and determine the
family’s eligibility to receive TPV assistance as described in Section III.A
of this notice. Any change in families must be shared with the PHA.
If the change in family won’t cause a change in the total number of TPVs
needed for the project, no other steps need to be taken. If, on the other
hand, the change in family will cause a change in the total number of
TPVs needed, the following must occur:
i. If the total number of TPVs is decreasing (i.e., the new family is not
eligible for the TPV, and therefore, the TPV is no longer needed): the
owner must confirm to HUD the new number of TPVs that will be needed
for the project by emailing the HUD Multifamily contacts (see Section
III.A of this notice) and the HCV Financial Management Division
(PIHConversionActions@hud.gov), with copy to the PIH Field Office. A
revised funding application form, completed by the PHA, must be
included. And, such confirmation must be submitted no later than at the
time of the triggering event.
ii. If the total number of TPVs will increase (i.e., the unit was vacant at
the time of the owner’s submission and the new family is eligible, or the
prior family was not eligible for the TPV, but the new family is): the
owner must submit a new application for the new family (or families) that
are eligible for the TPVs. The original application does not need to be
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revised and will continue processing as is. This means that in these cases
the PHA will get two separate funding assignments; one for families under
the original application and one for the new families that are eligible for
the TPVs.
2. Is not currently assisted under any federal, state, or local rental assistance
program;
3. Is eligible for Housing Choice Voucher (HCV) assistance (as determined by a
PHA); and
4. As the result of an eligible triggering event, either is paying or may have to
pay greater than 30 percent of adjusted monthly income toward rent.
Attachment A of this notice details how this provision is to be implemented.
A resident who meets the criteria listed above is considered to be “at-risk” for
purposes of this notice. Attachment A to this notice (Owner Requirements for
Determining At-Risk Households) provides further information on identifying at-
risk households.
D. Resolution of Civil Rights Matters. Outstanding civil rights matters must be
resolved to HUD’s satisfaction prior to grant award, provided that all applicable legal
processes have been satisfied.
III. Application Requirements. Before applying, owners must ensure that all eligibility
requirements, as described in Section II of this notice, are met. An application that does
not meet any of the eligibility requirements will be deemed ineligible and will not
complete the application process. This Section must be read in conjunction with
Attachment A of this notice, to ensure that all requirements are met.
A. Content of the Application. An owner who wishes to request assistance under this
notice must email a letter requesting assistance to the Office of Recapitalization at
mailto:Pre1974Section202@hud.gov for properties with Section 202 Direct Loans or
the HUD Multifamily Regional Center/Satellite Office Director, with a copy to the
HUD Account Executive for all other property types. A list of HUD Multifamily
Regional Center/Satellite Offices may be found at:
https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/hsgmfbus/a
bouthubspcs. The submission email must also include all of the following
information:
1. The property name and address, including the name of the county in which
the property is located.
2. The date of the triggering event.
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3. A copy of all mortgage note documents, rental assistance contracts and
renewals, and affordability restriction documents related to the triggering
event.
4. A narrative explanation of the triggering event that makes the project
eligible under this notice.
5. A statement indicating the owner’s preferred form of assistance (enhanced
vouchers or PBV assistance). The statement shall include whether the
owner is willing to accept the alternative form of assistance where the PIH
Field Office is unable to find a PHA willing to administer the owner’s
preferred assistance type. For example, if the owner’s preferred assistance
is PBV, the application will specify whether the owner consents to
enhanced vouchers if the PIH Field Office is unable to find a PHA to
administer PBV assistance.
6. A statement certifying that the owner is in compliance with the civil rights
laws and requirements identified in 24 CFR 5.105.
7. A list of units (identified by unit number and household name) currently
occupied by at-risk households. The list must identify these units as “at-
risk” and include a calculation that demonstrates that the household would
have to pay more than 30 percent of monthly adjusted income in the
absence of voucher assistance. See Attachment A for further instructions
on completing these calculations.
8. A list of units (identified by unit number and household name) occupied
by households determined not to be at-risk. This list is intended for use by
the PHA (under Section IV.D below); it will not be used by HUD to
process the request. The list must identify these units as “not at-risk” and
include a calculation that demonstrates that each household would not
have to pay more than 30 percent of monthly adjusted income in the
absence of voucher assistance. See Attachment A for further instructions
on completing these calculations.
9. For each household described in paragraphs 7 and 8 above, the calculation
must include the household size and annual income, the household’s
adjusted monthly income, the FMR for the unit (or the SAFMR if the
project is located in a metropolitan area), and the percentage of monthly
adjusted income the family would have to pay for rent in the absence of
voucher assistance.
10. Where the owner collects income documentation from each household (as
described in Attachment A), a list of units (identified by unit number and
household name) occupied by households who resided at the property at
the time of the triggering event but failed to provide income information to
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the owner. This list is intended for use by the PHA (under Section IV.D
below); it will not be used by HUD to process the request. The list must
identify these households as “failed to provide.” These households will
not receive assistance under this notice. For all such households, the
owner must maintain documentation showing that the household was
notified in writing that their failure to provide income information means
that they will not receive assistance under this notice.
11. For properties where the triggering event happened before the owner
submits the request (note the timing requirements described in Section
II.B above), documentation showing that the at-risk and the not at-risk
households resided at the property at the time of the triggering event.
Such documentation may include, but is not limited to, a lease, rent roll, or
rental payment receipt.
12. A statement certifying that the at-risk households are not currently assisted
under any federal, state, or local rental assistance program.
13. A statement certifying that the calculations used to identify at-risk
residents are accurate consistent with the requirements spelled out in
Attachment A of this notice.
IV. Processing of Applications. Before an owner’s request for assistance may be approved,
the following steps must occur.
A. Eligibility Review. The Office of Recapitalization (for properties with Section
202 Direct Loans), or the Multifamily Regional Center/Satellite Office Director or
designee (for all other property types), will receive the owner’s request for
assistance and review it to verify that:
1. All of the required documents, as listed in Section III of this notice, are
included in the application.
2. The property is located in a low-vacancy area (see Section II.A above).
3. The property has:
a. Experienced a triggering event in the 5 years prior to the owner’s
submission; or
b. Will experience a triggering event within 180 days of the Owner’s
submission. See Section II.B of this notice for a list of triggering
events.
4. If the triggering event happened before the owner submits the request, that
all of the households identified by the owner (at-risk and not at-risk), did
reside at the property at the time of the triggering event. Tenants not
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residing at the property at the time of the triggering event are ineligible for
a TPV.
5. In the case of a mortgage maturity or affordability restriction expiration,
the number of households identified by the owner as at-risk households
does not exceed the total number of unassisted units at the property.
6. The owner has indicated its preferred form of assistance and whether the
owner consents to an alternative form of assistance, consistent with
Section III.A.5 of this notice.
The Office of Recapitalization or the Multifamily Regional Center/Satellite Office
Director or designee will not be responsible for verifying the accuracy of the
reported tenant income or the calculations of at-risk households.
B. Eligibility Determination. After review of the application, and in coordination
with HUD Headquarters to verify eligibility, the Office of Recapitalization (for
properties with Section 202 Direct Loans), or the Multifamily Regional
Center/Satellite Office Director or designee (for all other property types), will:
1. Advise the owner to modify its request to meet the requirements of this
notice;
2. Deny any request that fails to meet the above requirements and notify the
owner in writing of the denial; or
3. Determine that the request meets the above requirements.
Once the Office of Recapitalization or the Multifamily Regional Center/Satellite
Office determines that an application is eligible, that Office’s Director or designee
will request that the PIH Field Office Director identify a PHA willing to
administer the assistance. The Office of Recapitalization or the Multifamily
Regional Center/Satellite Office Director or designee must forward the owner’s
request, along with all completed worksheets, checklists, and requirement
documentation, for further processing.
C. Selecting the Administering PHA. Once the PIH Field Office Director receives
the appropriate information from the Office of Recapitalization or the Multifamily
Regional Center/Satellite Office Director or designee, the PIH Field Office
Director or designee will determine the appropriate PHA to administer the
enhanced vouchers or PBV assistance, in accordance with the following:
1. PHA selection is made in accordance with established criteria for selection
of PHA administration of TPVs, including, but not limited to, jurisdiction
to administer the voucher program in the area where the project is located
and PHA administrative capacity.
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2. Where the owner has selected PBV assistance, a PHA with no established
PBV program may be selected by the PIH Field Office; however, the PHA
must certify to the PIH Field Office Director that the PHA is able to
comply with all regulatory and statutory requirements involved in
establishing a PBV program within the timeframe necessary to provide
assistance to eligible at-risk households.
3. The PIH Field Office Director will extend a written invitation to the
selected PHA. The selected PHA must inform the local HUD PIH Field
Office Director or designee within 30 calendar days of the date of its
selection (i.e., the date of the PIH Field Office’s written invitation)
whether the PHA consents or does not consent to administer the enhanced
vouchers or enter into the PBV contract. See Attachment C for more
information on the components of the HCV and PBV programs that do not
apply to TPVs under this notice.
4. The PIH Field Office will make a reasonable effort to find a PHA willing
to administer the owner’s preferred type of assistance (PBV or enhanced
vouchers). If the PIH Field Office is unable to find a PHA to administer
the preferred assistance and:
a. The owner did not consent in their application to the alternative
assistance: the PIH Field Office will notify the Office of
Recapitalization (for properties with maturing Section 202 Direct
Loans), or the Multifamily Regional Center/Satellite Office
Director (for all other property types), who will in turn notify the
owner that the request for assistance is denied; or
b. The owner consented in their application to the alternative
assistance: the PIH Field Office will make a reasonable effort to
find a PHA that will administer the alternative assistance. If the
PIH Field Office is unable to find a PHA to administer either type
of assistance, the PIH Field Office will notify the Office of
Recapitalization or the Multifamily Regional Center/Satellite Office
Director, who will in turn notify the owner that the request for
assistance is denied.
5. A PHA that consents to administer PBV assistance, must also consent to
administer enhanced vouchers. This is in case the PHA determines that it
will be unable to enter into a PBV HAP contract because the project does
not comply with PBV requirements.
6. Once a PHA has consented to administer the enhanced vouchers or PBV
HAP contract:
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a. The PIH Field Office Director will inform the Office of
Recapitalization or the Multifamily Regional Center/Satellite Office
Director or designee, and
b. The PIH Field Office will also send a copy of the owner’s request
and all supporting documentation to the PHA so that the PHA can
prepare the tenant-based funding application as described in the
following section.
D. PHA Processing Responsibilities. The PHA receives the owner’s application
and all supporting documentation, and performs the tasks described below. PHAs
must refer to Attachment D for a full description of these steps.
1. Determines HCV eligibility of all at-risk households.
2. Ensures that its administrative plan allows for the provision of HCV
assistance to these at-risk households.
3. Notifies, in writing, all households determined by the owner not to be at-
risk that they may request to have their income calculated by the PHA to
determine whether they are eligible for assistance, including whether the
household meets the rent burden requirement for at-risk households.
PHAs may adopt a time limit for response to the requests of not less than
30 calendar days. The PHA is not required to send such notification to
households that did not provide income information to the owner.
4. Completes form HUD-52515, Section 8 Tenant-Based Assistance Funding
Application, and sends the completed form to the PIH Field Office for
further processing.
5. Once the PHA receives the ACC document and transmittal letter from the
Financial Management Center (FMC), the PHA issues the voucher to the
eligible family (if enhanced voucher assistance) or verifies that the project
complies with all PBV requirements (if PBV assistance). If the PHA
determines that it will be unable to enter into a PBV HAP contract with
the owner because the project does not comply with all such requirements,
then the funding provided to the PHA under this notice must be used to
provide enhanced voucher assistance for all eligible families.
6. Verifies that the unit continues to be occupied by the at-risk
household. The PHA cannot enter into a PBV HAP contract for a
unit that is no longer occupied by the at-risk household.
E. Processing the Funding Request. The PIH Field Office Director or designee
submits the PHA’s HUD-52515, the owner’s request for assistance, and any other
information, as needed, to HUD’s Office of Housing Vouchers Financial
Management Division (FMD) at PIHConversionActions@hud.gov, with “TPV
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Set-Aside [PHA number]” in the subject line). Once the funding request has been
approved, HUD will amend the PHA’s ACC to provide tenant-protection set-
aside funding.
F. Budget Authority Calculation and Assignment of Funds. The FMD calculates
the budget authority and assigns funds to the PHA, using the information from
Section B of form HUD-52515 to determine the amount of funding the PHA will
be assigned. The FMD also calculates the special fee for the extraordinary costs
associated with administering the enhanced voucher or PBV assistance under this
notice. The fee will be $200 per unit for the higher number of units as determined
below:
1. The number of at-risk households at the property that were identified in
the owner’s request for assistance; or
2. The number of families that are eligible to receive assistance (as
determined by the PHA and identified in Section B of form HUD-52515).
The amount of the special fee is subject to the availability of funds for this
purpose. If necessary, HUD may amend the amount and method of calculation of
the special fee by subsequent notice.
G. Preparation of the ACC Documents. The FMC prepares the ACC documents
and ACC transmittal letter, and forwards these to the PHA with a copy of the
letter to the PIH Field Office Director.
V. Paperwork Reduction Act. The information collection requirements contained in this
document have been approved by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The OMB control
numbers are 2577-0169, 2502-0204, and 2502-0086. In 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.
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VI. Further Information. Questions concerning the policies described in this notice may be
directed to the Housing Voucher Management and Operations Division, Office of Public
Housing and Voucher Programs, at 202-708-0477 (this is not a toll-free number).
Persons with hearing or speech impairments may access these numbers via TTY by
calling the toll-free Federal Information Relay Service at 800-877-8339.
/s/ /s/
Dominique Blom Brian D. Montgomery
General Deputy Assistant Assistant Secretary for Housing –
Secretary for Public and Indian Federal Housing Commissioner
Housing
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List of Attachments
Attachment A: Owner Requirements for Determining At-Risk Households
Attachment B: Sample Format for Owner Identification of Households (Optional)
Attachment C: Description of Project-Based Voucher Program and Enhanced Vouchers
Attachment D: PHA Processing Steps
Attachment E: Low-Vacancy Areas
Attachment A: Owner Requirements for Determining At-Risk Households
This attachment explains family notification requirements and the steps an owner must follow in
determining whether the household is paying or will have to pay more than 30 percent of
adjusted monthly income toward rent as the result of a triggering event.
Owners must include a list of the specific households in each category (at-risk or not at-risk),
including the calculations explained below. See Section III of this notice for further details on
application submission requirements. Attachment B of this notice provides a sample format that
an owner may use to submit this information. The use of the sample format is optional.
I. Notify households
Owners must notify the residents, as well as any legitimate resident organizations, in writing,
that the owner will be applying for assistance under this notice.
These activities must occur prior to the owner applying for assistance under this notice.
The owner’s notification must state that:
• The owner will be identifying at-risk households according to the residents’ income;
• In cases where the triggering event happened in the 5 years prior to the owner’s submission,
the residents are only eligible if they resided at the project at the time of the triggering event;
• Residents are not required to share any income information requested by the owner, but that
failure to provide such information means the household will be ineligible for assistance
under this notice;
• If any resident contests the income determination made by the owner (if the owner’s request
for assistance is selected for funding), such resident will have the opportunity to have their
income calculated for eligibility purposes by the administering PHA; and
• The owner’s application for assistance is not a guarantee that the property and residents will
receive assistance under this notice.
• The PHA makes the final determination as to a resident’s eligibility for assistance under this
notice.
Page 15 of 25
Owners must ensure that all communications are provided in a manner that is effective for
persons with hearing, visual, and other communications-related disabilities consistent with
Section 504 of the Rehabilitation Act of 1973 (see 24 CFR § 8.6) and, as applicable, the
Americans with Disabilities Act. Owners must provide appropriate auxiliary aids and services
necessary to ensure effective communication, which includes ensuring that information is
provided in appropriate accessible formats as needed (e.g., Braille, audio, large type, assistive
listening devices, and sign language interpreters). Owners must also take reasonable steps to
ensure meaningful access for persons who have limited English proficiency. Owners may refer
to HUD’s published Final Guidance to Federal Financial Assistance Recipients: Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons (LEP Guidance) (72 FR 2732, published January 22, 2007) regarding LEP obligations.
II. Request household income information
An owner must request household income information from any household whose income the
owner has not verified within 12 months of the date the owner anticipates submitting a request
for assistance under this notice. If the household’s income has been verified within 12 months of
the date the owner anticipates submitting a request for assistance under this notice, the owner
may rely on this previously collected information.
A household may choose not to disclose income information. Any household that does so must
be identified in the owner’s request for assistance (as specified in Section III.A.10 of this notice)
and the household will not receive assistance through this notice. For households choosing not
to disclose income, the owner must maintain documentation showing that the household was
notified in writing that its failure to provide income information means that it will be ineligible to
receive rental assistance through this notice.
III. Calculate household rent burden in the absence of voucher assistance
To calculate the household’s rent burden, the owner must first determine the household’s
adjusted monthly income, following the steps below:
Step 1: Deduct $480 from the household’s annual income for each household dependent;
Step 2: Deduct $400 from the household’s annual income if the household’s head, spouse, or
sole member is a person with disabilities or is at least 62 years of age;
Step 3: Divide the annual income (after the deductions in steps 1 and 2 above) by 12 to
determine the household’s adjusted monthly income.
Step 4: To determine whether the household is at-risk of having to pay more than 30 percent of
its adjusted monthly income toward rent in the absence of voucher assistance, divide the 2018
FMR (the SAFMR if the project is located in a metropolitan area and the metropolitan-area FMR
if the project is located in a non-metropolitan area) by the household’s adjusted monthly income.
Page 16 of 25
Attachment B: Sample Format for Owner Identification of Households (Optional)
Below is a sample list that may be used by owners to meet the submission requirements of Section III of this notice. Specifically, this
list includes all unassisted units occupied by at-risk and not at-risk households, accompanied by a calculation that demonstrates
whether or not the household would have to pay more than 30 percent of their adjusted monthly income for rent in the absence of this
voucher assistance. Owners would also identify in this list whether the household failed to provide income information. Examples of
how to fill out this form are also included below.
Name of Owner:
Project Name:
Project Address:
County Name:
Unit Household Household Household’s Household’s SAFMR or SAFMR At-
Number Name Size (e.g., Annual Adjusted FMR (as or FMR/ risk,
4- person Income Monthly applicable) Adjusted Not at
household) Income for unit of Monthly risk,
household size Income Failed
to
provide
1 104 Jones 3 $35,000 $2,876 $1,400 .48 At-risk
2 202 Smith 2 Failed
to
provide
3 105 Johnson 4 $56,500 $4,668 $1,400 .30 Not at
risk
Page 17 of 25
Attachment C: Description of Project-Based Voucher Program and Enhanced Vouchers
With few exceptions, the requirements of the housing choice voucher (HCV) program apply to
enhanced vouchers provided under this set-aside. Similarly, most project-based voucher (PBV)
program requirements apply to PBVs provided under this set-aside. This attachment focuses on
requirements that are different from standard HCV and PBV program requirements.
I. Project-Based Voucher Program
The PBV program is authorized under 42 U.S.C. 1437f(o)(13) of the U.S. Housing Act of 1937
(“the 1937 Act”). The implementing regulations are found at 24 CFR Part 983. The Housing
Opportunity Through Modernization Act of 2016 (HOTMA) amended the 1937 Act, making
several changes to the PBV program. HUD implemented the PBV HOTMA provisions via
Federal Register Notice (82 FR 5458) published on January 18, 2017 (as amended by 82 FR
32461 (Jul. 14, 2017). A notice (PIH 2017-21) was published on October 30, 2017, to further
describe the implemented HOTMA changes. Until such time as the Department revises Part 983
to reflect the changes made by HOTMA, the FR notice and any additional guidance published by
HUD must be read in conjunction with Part 983 to reflect the most recent PBV program
requirements.4
Under the PBV program, a PHA enters into a Housing Assistance Payment (HAP) contract with
an owner for specified units, for a specified term. When families move from the assisted units,
the PHA refers families from its waiting list to the owner to fill vacancies. PHAs may add units
to a PBV HAP contract executed pursuant to this notice as follows: (a) the PHA may add TPV
units awarded under a separate set-aside funding award for the same project, and (b) the PHA
may add units to a PBV HAP contract executed pursuant to this notice, utilizing budget authority
allocated to the PHA under the HCV program. Addition of units must be in accordance
with§983.206 (as amended by HOTMA). This policy applies to PBV contracts entered into
pursuant to this notice, and all previous TPV set-aside notices.
If an owner requests PBV assistance under this notice, such assistance may be awarded
only after the administering PHA confirms that the request complies with all
requirements of the PBV program, including all applicable fair housing and civil rights
requirements, except those specifically listed below as inapplicable.
The following PBV requirements are not applicable to TPVs provided under this notice:
• Owner proposal selection procedures (24 CFR 983.51). These procedures do not apply to
assistance provided via this notice because the Appropriations Act defines the categories
of projects that are potentially eligible for PBV assistance. Note that site selection
standards under 24 CFR 983.57 must be met.
4
Note that information and guidance on the environmental review process and requirements is provided in Notice
PIH 2016-22.
Page 18 of 25
• Percentage limitation (24 CFR 983.6) and income-mixing requirement (983.56). TPV
set-aside units covered by a PBV HAP contract under this notice are excluded from the
percentage limitation (also known as the program cap) and income-mixing requirement
(also known as the project cap). Any non-TPV units added to a PBV HAP contract put in
place pursuant to a TPV set-aside notice are subject to the program cap and the project
cap, unless specifically excepted under PBV requirements. Since HUD’s Field Office
extends an invitation to the PHA to administer the PBVs (see section IV.C of this notice)
the notice requirements of 983.6(d) are not applicable.
II. Enhanced Vouchers
Enhanced vouchers are tenant-based assistance authorized under Section 8(t) of the 1937 Act.
Households issued enhanced vouchers may elect to use the assistance in the same property (as
long as the property continues as rental housing and the tenancy can be approved in accordance
with the enhanced voucher policies), or may choose to move from the property. There is no
guarantee to the owner that any enhanced voucher assistance will be used at the property.
Enhanced vouchers are subject to HCV program rules, except as described below:
• Right to remain. A family that receives an enhanced voucher has the right to remain in
the project as long as the units are used for rental housing and are otherwise eligible for
HCV assistance (e.g., the rent is reasonable, unit meets HQS, etc.).
• Owner termination of tenancy. The owner may not terminate the tenancy of a family that
exercises its right to remain except for a serious or repeated lease violation or other good
cause. If an owner refuses to honor the family’s right to remain, the family may exercise
any judicial remedy that is available under State and/or local law.
• Special payment standard. Regardless of whether the owner’s new gross rent (after the
triggering event) exceeds or is less than the PHA payment standard, the housing
assistance payment for a family that stays in its unit (or moves to another unit within the
project as a result of: (a) an internal emergency transfer (See Notice PIH 2017-08), (b)
the need for an accessible unit or a reasonable accommodation, or (c) having to move
from an oversized unit to an appropriate-sized unit) is the gross rent for the unit minus the
greatest of:
o 30 percent of the adjusted family monthly income;
o 10 percent of the family monthly income (gross monthly income);
o The welfare rent in as-paid states;
o The enhanced voucher minimum rent (see below); or
o Such other minimum rent established by the PHA as authorized by Federal law
(see 24 CFR §5.630.)
Page 19 of 25
This special payment standard may never exceed the gross rent for the assisted family’s
unit.
As a result of this special payment standard, a PHA may sometimes find that it approves
a tenancy for a unit that would otherwise be ineligible or unaffordable to a family with
regular tenant-based assistance. As long as the rent is reasonable, there is nothing
improper or incorrect in approving the owner’s new rent. The PHA must document its
rent reasonableness determination in the family’s file by including the rents and addresses
of the comparable units used to make the determination. (Notice PIH 2011–46 provides
guidance on rent reasonableness determinations.)
The PHA must identify an eligible family as an enhanced voucher family even if the
gross rent of the family’s unit is less than or equal to the normally applicable PHA
payment standard. Since the special payment standard covers any subsequent rent
increases, it is possible that it may come into play later in the family’s tenancy.
If the owner raises the rent for a family assisted with an enhanced voucher in accordance
with the lease, state and local law, and HCV program regulations, the PHA will increase
the enhanced payment standard to equal the new gross rent (rent to owner and the
applicable PHA utility allowance for any tenant-supplied utilities) for the unit, provided
the PHA determines the rent is reasonable. The additional cost of the subsidy will be
covered through the regular renewal process for the PHA’s voucher program.
If an increase or decrease in the PHA utility allowance affects the gross rent for a family
assisted with an enhanced voucher, the PHA must adjust the enhanced payment standard
accordingly.
• Minimum rent. Families assisted with enhanced voucher assistance have a special
statutory minimum rent requirement. Specifically, if such a family remains in place, then
it must pay for rent no less than the rent it was paying on the date of the triggering event.
o The method for calculating the minimum rent changes if the family’s income
subsequently decreases by 15 percent or more from the family’s gross income on
the date of the triggering event. In this case, the enhanced voucher minimum rent
changes from an actual dollar amount to a specific percentage of income. The
family’s new minimum rent will be the greater of the percentage of the monthly
adjusted income the family paid for gross rent on the date of the triggering event
or 30 percent of the family’s new adjusted monthly income. Once this change in
the enhanced voucher minimum rent becomes effective for a family, the enhanced
voucher minimum rent for the family remains that specific percentage of income
(e.g., 32 percent) and will not revert to a specific dollar amount, even if the
family’s income subsequently increases or decreases.
o When a family reports a significant decrease in family income, the PHA conducts
an interim redetermination and verifies the change in income as soon as possible
to prevent hardship on the family, preferably by the first of the month following
Page 20 of 25
the date the family reports the change and provides the necessary documentation.
The PHA may implement the reduction on a provisional basis before completing
the verification to prevent undue hardship to the family.
• Timing of assistance payments. A PHA may not make payments to an owner until after
execution of the HAP contract on behalf of an individual family.
• Over-housed families. Notice PIH 2016–02 sets forth the enhanced voucher policies that
apply to families residing in units where the actual number of bedrooms exceeds the
family unit size for which the family qualifies under the PHA’s subsidy standards (i.e.,
“over-housed families”).
When a family moves from the project, the normally applicable PHA payment standard is used
to determine the family’s voucher subsidy, and regular HCV program rules apply. This includes
cases where the proposed new rent for the family’s current unit is not reasonable or the unit fails
HQS, requiring the family to move in order to receive tenant-based assistance.
Page 21 of 25
Attachment D: PHA Processing Steps
The following steps outline the steps of the TPV set-aside process that are the responsibility of
the PHA once the PHA has informed the local HUD PIH Field Office Director that it agrees to
administer enhanced vouchers or enter into a PBV contract.
☐ Step 1: PHA receives a copy of the owner’s request and all other supporting
documentation from the PIH Field Office Director.
☐ Step 2: Does the PHA’s administrative plan allow for
the provision of HCV assistance to these low-income
families? INCOME-TARGETING AND
☐ Yes. WAITING LIST
REQUIREMENTS
☐ No, the PHA must amend its administrative plan to
administer the enhanced vouchers or PBV assistance.
This administrative plan requirement is consistent with Families admitted to
24 CFR 982.201(b)(1)(iii). HUD will consider waivers the HCV program
of this regulation to allow provision of assistance to with enhanced
these families without an amendment to the vouchers are special
administrative plan only when such waiver is warranted admissions under 24
due to the timing of the conversion. CFR 982.203, and
therefore, do not
☐ Step 3: Determine HCV eligibility of all at-risk have to be selected
households identified by the owner. from the PHA’s
waiting list.
• The PHA will only make assistance available to
households that have been determined eligible under If admitted with
HCV program admissions rules. PBV assistance, the
family must be
• When determining income eligibility, the PHA uses the selected from the
applicable low-income limits (not the very low-income PHA’s waiting list
limits). The PHA follows standard HCV program rules in accordance with
in calculating household income for purposes of 24 CFR 983.251(b).
determining income eligibility.
Families admitted
• The PHA does not re-determine whether the household with PBV
meets the rent burden threshold for at-risk families (the assistance or with
rent burden threshold for at-risk families is described in enhanced vouchers
Attachment B of this notice). The PHA may rely on the are not subject to
owner’s determination. income-targeting
requirements under
• To reduce processing time, the PHA may use the 24 CFR
owner’s most recent family income examination (form 982.201(b)(2).
HUD-50059) if the effective date of the income
verification is no more than 12 months old and the PHA
Page 22 of 25
determines that the examination is acceptable after reviewing a sample of 20 percent.
The PHA is never required to use the owner certifications and may choose to conduct its
own income determination and verification. PHAs should be aware that many owners
will not have form HUD-50059 for the households being assisted through this notice.
☐ Step 4: Notify households.
a. Families determined by owner not to be at-risk:
☐ PHA notifies these households, in writing, that
they may request that the PHA calculate their income THE PHA DOES NOT
for eligibility purposes if they disagree with the
PROVIDE NOTIFICATION TO
owner’s determination. The PHA may adopt a time-
limit for response to the requests of not less than 30 HOUSEHOLDS THAT DID
calendar days. NOT PROVIDE INCOME
INFORMATION TO THE
b. All Families: OWNER (AS IDENTIFIED IN
☐ PHA notifies all eligible households, in writing, of THE OWNER’S REQUEST
the type of assistance they may be receiving, FOR ASSISTANCE)
including a brief description of the type of
assistance.
☐ PHA schedules a briefing with eligible residents
to inform tenants of program requirements, tenant rights and obligations.
☐ Step 5: Complete the Section 8 Tenant-Based Assistance Funding Application (form
HUD-52515).
☐ Include all of the following information at the top of the form:
• PHA name and mailing address
• PHA code number (for example, CT002)
• Email
• Telephone number
• Facsimile telephone number
☐ Complete the remainder of the form as follows:
• Do not complete Section A.
• Under Section B of the form, only complete the box for total dwelling units under
vouchers. Insert the number of eligible families as determined by the PHA’s
eligibility determinations.
• Do not complete Section C.
Page 23 of 25
• Under Section D of this form, the PHA must identify whether the assistance will
be for enhanced vouchers or PBV assistance.
☐ Step 6: Submit the completed form HUD-52515 to PIH Field Office Director.
Processing PBV Assistance:
☐ Step 7: Verify whether the project meets PBV requirements.
• After the PHA receives the ACC documents and transmittal letter from FMC, it must
verify whether the owner’s request for PBV assistance meets the statutory and regulatory
requirements of the PBV program. See Attachment C of this notice for a list of
inapplicable PBV requirements.
• If the PHA determines that it will be unable to enter into a PBV HAP contract with the
owner because the project does not comply with all such requirements, then the
funding provided to the PHA under this notice must be used to provide enhanced
voucher assistance for all eligible families.
☐ Step 8: Verify that the unit continues to be occupied by the at-risk household.
• The PHA cannot enter into a PBV HAP contract for a unit that is no longer
occupied by the at-risk household.
☐ Step 9: Execute the PBV HAP contract.
• Only unassisted units may be included in the PBV HAP contract. The project
may be partially assisted with pre-existing project based rental assistance
(PBRA) contracts, and units subsidized with such assistance may not be included
in the PBV HAP contract.
Processing Enhanced Voucher Assistance:
☐ Step 10: Issue vouchers to the eligible families.
• After receiving the ACC documents and transmittal letter from HUD’s Section 8
Financial Management Center (FMC), the PHA must issue a voucher to the family.
• See Attachment C of this notice for more information on enhanced vouchers.
Page 24 of 25
Attachment E: Low-Vacancy Areas
Low-vacancy areas are defined according to occupancy data at the project level from the most
recent Picture of Subsidized Households Report. This data is matched to the most recent
Physical Inspection Scores data for both public housing and multifamily assisted properties.
Properties with inspection scores below 60 are removed from the sample, as are properties that
are missing inspection scores or occupancy rates.
This data is aggregated to the county level, and the occupancy rate for each county is calculated.
If a county within a Core-Based Statistical Area (CBSA) has less than ten units, the CBSA-level
occupancy rate is used. For counties outside of CBSAs with less than ten units, state non-CBSA
totals are used to calculate occupancy rates, while the national non-CBSA occupancy rate is used
for counties in states with only CBSA counties or a state non-CBSA unit count below ten.
Counties with occupancy rates greater than or equal to 90 percent are flagged as low-vacancy.
The list of low-vacancy areas may be accessed at the following HUD webpage:
https://www.huduser.gov/portal/datasets/lowvactpv.html. HUD will publish updated low-
vacancy areas annually. The effective date of the updated low-vacancy areas will be July 1 of
each year. (See Section II.A of this notice.)
Page 25 of 25
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2019-01 establishes a set-aside of up to $5,000,000 in federal Tenant Protection Vouchers (TPVs) for low-income households in low-vacancy areas whose housing affordability is threatened by specific triggering events—such as the maturity of certain HUD-insured loans or the expiration of affordability restrictions. Eligible residents are those not currently receiving other rental assistance who would pay more than 30 percent of adjusted monthly income toward rent without voucher help. The notice describes how applications are reviewed, how administering PHAs are selected, and how funding is ultimately assigned.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026
Plain English — not legal advice.
For Property Managers
Under PIH Notice 2019-01, property owners in designated low-vacancy areas who have experienced—or anticipate—a qualifying triggering event within the specified timeframes may apply for TPV set-aside assistance in the form of enhanced vouchers or project-based vouchers. Compliant owners notify residents and resident organizations in writing before applying, collect and document household income information, and submit a complete application package to the Office of Recapitalization or the appropriate HUD Multifamily Regional Center. Owners also keep records of at-risk and not-at-risk household determinations and communicate any changes in household composition to both HUD and the administering PHA.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
PIH Notice 2019-01 establishes protections for residents of certain HUD-assisted properties in low-vacancy areas who risk paying more than 30 percent of their adjusted monthly income toward rent following a qualifying triggering event. Eligible residents have the right to be notified in writing by their owner before an application is submitted, and those deemed not at-risk by the owner may request an independent income calculation from the administering PHA. Tenants who believe their rights under this notice have not been honored may contact a local tenant-rights organization or reach HUD's Housing Voucher Management and Operations Division at 202-708-0477 for further information.
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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