2016 ADVOCATES’ GUIDE An Educational Primer on Federal Programs and Resources Related to Affordable Housing and Community Development MADE POSSIBLE BY THE GENEROSITY OF: Established in 1974 by Cushing N. Dolbeare, the National Low Income Housing Coalition is dedicated solely to achieving socially just public policy that assures people with the lowest incomes in the United States have affordable and decent homes. NLIHC STAFF Malik Siraj Akbar, Communications Specialist Andrew Aurand, Vice President for Research Josephine Clarke, Executive Assistant Sheila Crowley, President and CEO Dan Emmanuel, Research Analyst Ellen Errico, Graphic Design and Web Manager Ed Gramlich, Senior Advisor Sarah Jemison, Housing Advocacy Organizer Paul Kealey, Chief Operating Officer Joseph Lindstrom, Senior Organizer for Housing Advocacy Khara Norris, Director of Administration James Saucedo, Housing Advocacy Organizer Christina Sin, Development Coordinator Elayne Weiss, Housing Policy Analyst Renee Willis, Vice President for Field and Communications NLIHC BOARD OF DIRECTORS Brenda J. Clement, Chair, Citizens’ Housing and Planning Association, Boston, MA Christine Allamanno, Saint Petersburg, FL William C. Apgar, Orleans, MA Dara Baldwin, National Disability Rights Network, Washington, DC David Bowers, Enterprise Community Partners, Washington, DC Delorise Calhoun, Jurisdiction-Wide Resident Advisory Board, Cincinnati Housing Authority, Cincinnati, OH Emma “Pinky” Clifford, Oglala Sioux Tribe Partnership for Housing, Pine Ridge, SD Lot Diaz, National Council of La Raza, Washington, DC Chris Estes, National Housing Conference, Washington, DC Bill Faith, Coalition on Homelessness and Housing in Ohio, Columbus, OH Daisy Franklin, Publicly-Assisted Housing Resident Network, Norwalk, CT Dora Leong Gallo, A Community of Friends, Los Angeles, CA Matt Gerard, Minneapolis Highrise Representative Council, Minneapolis, MN Deirdre “DeeDee” Gilmore, Charlottesville Public Housing Association of Residents, Charlottesville, VA Lisa Hasegawa, National Coalition for Asian Pacific American Community Development, Washington, DC Isabelle Headrick, Accessible Housing Austin!, Austin, TX Moises Loza, Housing Assistance Council, Washington, DC Rachael Myers, Washington Low Income Housing Alliance, Seattle, WA Marla Newman, Louisiana Housing Alliance, Baton Rouge, LA Ann O’Hara, Technical Assistance Collaborative, Boston, MA Robert Palmer, Housing Action Illinois, Chicago, IL Greg Payne, Maine Affordable Housing Coalition, Portland, ME Eric Price, AFL-CIO Housing Investment Trust, Washington, DC Tara Rollins, Utah Housing Coalition, Salt Lake City, UT Michael Steele, Rutgers Houses Resident Association, New York, NY Martha Weatherspoon, Lincoln Home Resident Council, Clarksville, TN 1000 Vermont Avenue, Suite 500, Washington, DC 20005 (Phone) 202.662.1530 • (Fax) 202.393.1973 • www.nlihc.org Layout and Design by Ellen Errico Table of Contents CHAPTER 1: CHAPTER 3: INTRODUCTION NATIONAL HOUSING TRUST FUND About the Advocates’ Guide ..................... 1–1 The National Housing Trust Fund ................. 3–1 National Low Income Housing Coalition 2016 Public Policy Agenda ....................... 1–2 National Housing Trust Fund: Funding ............ 3–10 A Brief Historical Overview of Fannie Mae, Freddie Mac, and Affordable Rental Housing ....................... 1–6 Housing Finance Reform ........................ 3–13 The National Need for Housing ................. 1–10 Mortgage Interest Deduction Reform ............. 3–20 Income Targeting and Expenditures for Major Housing Programs ....................... 1–12 CHAPTER 4: Housing as a Human Right ...................... 1–13 RENTAL HOUSING PROGRAMS FOR THE LOWEST INCOME HOUSEHOLDS CHAPTER 2: Homeless Assistance: McKinney-Vento ADVOCACY RESOURCES Homeless Assistance Programs ................... 4–1 How Laws Are Made ............................ 2–1 Homeless Assistance: Federal Surplus Property to Address Homelessness ............... 4–4 The Federal Budget and Appropriations Process .......................... 2–3 Housing Opportunities for Persons with AIDS (HOPWA). 4–6 FY17 Budget Chart ............................. 2–6 Public Housing ................................. 4–9 Introduction to the Federal Regulatory Process ...................... 2–7 Rental Assistance Demonstration ................ 4–13 Lobbying: Individual and Project-Based Rental Assistance ................. 4–19 501(c)(3) Organizations .......................... 2–9 202 Supportive Housing for the Elderly ............ 4–24 Congressional Advocacy and Supportive Housing for Persons with Key Housing Committees ...................... 2–16 Disabilities Program ........................... 4–27 Federal Administration Advocacy ................ 2–20 USDA Rural Rental Housing Programs ............ 4–30 Key HUD Contacts for Advocates ................ 2–24 Housing Choice Vouchers ....................... 4–34 Using Federal Data Sources for Vouchers: Family Unification Program ............ 4–37 Housing Advocacy ............................. 2–25 Vouchers: Project-Based Vouchers ................ 4–40 Using the Freedom of Information Act for Housing Advocacy ............................. 2–31 Vouchers: Tenant Protection Vouchers ............ 4–44 Generating Support for Affordable Rental Housing ..................... 2–34 Resident and Tenant Organizing ................. 2–36 Resident Participation in Federally Subsidized Housing ................... 2–40 Voterization: 2016 Voterization Narrative Guide and Plan ....................... 2–44 NATIONAL LOW INCOME HOUSING COALITION 1 CHAPTER 5: CHAPTER 7: ADDITIONAL HOUSING PROGRAMS HOUSING TOOLS Fair Housing Programs .......................... 5–1 Disparate Impact ............................... 7–1 Federal Housing Administration .................. 5–4 Affirmatively Furthering Fair Housing: For Jurisdictions Required to Comply in Lead Hazard Control and 2016 (and maybe 2017) with the Healthy Homes ................................ 5–6 July 2015 Affirmatively Furthering HOME Investment Partnerships Program .......... 5–10 Fair Housing Rule .............................. 7–4 The Resident Opportunities and Affirmatively Furthering Fair Housing: Self-Sufficiency Service Coordinator For Jurisdictions and Public Housing Program, the Family Self Sufficiency Agencies Not Yet Required to Comply Program and Service Coordinators in with the July 2015 Affirmatively Multifamily Housing for the Elderly and Disabled ... 5–14 Furthering Fair Housing Rule .................... 7–14 Housing Bonds ............................... 5–20 The Community Reinvestment Act ............... 7–18 Housing Counseling ........................... 5–23 Consolidated Planning Process .................. 7–21 The Low Income Home Energy Continuum of Care Planning .................... 7–27 Assistance Program (LIHEAP) .................... 5–26 Public Housing Agency Plan .................... 7–29 Low Income Housing Tax Credits ................. 5–29 Public Housing Agency Plan: Native American, Alaska Native, What’s in the Annual PHA Plan? ................. 7–33 and Native Hawaiian Housing Programs ........... 5–34 Qualified Allocation Plan ....................... 7–34 The Affordable Housing Program Section 3: Job Training, Employment, and Community Investment Program and Business Opportunities Related of the Federal Home Loan Banks ................. 5–37 to HUD Funding .............................. 7–36 Self-Help Homeownership Opportunity Program .......................... 5–40 CHAPTER 8: State and Local Housing Trust Funds ............. 5–42 COMMUNITY DEVELOPMENT RESOURCES Veterans Affairs Supportive Housing Vouchers ...... 5–47 Capital Magnet Fund ........................... 8–1 CHAPTER 6: Community Development SPECIAL HOUSING ISSUES Block Grant Program ............................ 8–3 Housing Needs of Victims of Domestic Community Development Violence, Sexual Assault, Dating Violence, Financial Institutions Fund ....................... 8–6 and Stalking ................................... 6–1 Inclusionary Housing Policies ..................... 6–6 CHAPTER 9: INCOME PROGRAMS AND LAWS Manufactured Housing .......................... 6–9 Earned Income Tax Credit ....................... 9–1 Olmstead Implementation ...................... 6–13 The Minimum Wage ............................ 9–4 Protecting Tenants at Foreclosure ................ 6–17 Supplemental Security Income ................... 9–7 Housing Access for People with Criminal Records .............................. 6–19 Temporary Assistance for Needy Families ............................. 9–9 2 2016 ADVOCATES’ GUIDE CHAPTER 10: ABOUT NLIHC Make a Difference: Ways to Engage with and Support the Coalition and Policy Center ........... 10–1 NLIHC Resources .............................. 10–3 NLIHC State Coalition Partners .................. 10–5 CHAPTER 11: APPENDIX List of Abbreviated Statutory References .......... 11–1 Selected List of Major Housing and Housing-Related Laws .......................... 11–3 Glossary ..................................... 11–5 Advocates’ Guide Authors ..................... 11–15 NATIONAL LOW INCOME HOUSING COALITION 3 Chapter 1: Introduction About the Advocates’ Guide he Advocates’ Guide: An Educational Primer on Federal Programs and Resources Related to Affordable Housing and Community Development, is as the title suggests a guide to affordable housing. But on many levels it is much more than that. It is hundreds Tof pages of useful resources and practical know-how written by leading