HUD Releases Guidance on Admissions Preferences
The U.S. Department of Housing and Urban Development (HUD) released new guidance on the implementation and approval of owner-adopted admissions preferences for individuals or families experiencing homelessness. This Notice, which applies to all multifamily rental assistance programs, clarifies 24 CFR §5.655(c)(1) - (c)(5) Section 8 project-based assistance programs: Owner preferences in selection for a project or unit, to allow for owners to adopt, with HUD approval, admissions preferences not specified there, in particular, preferences to house homeless families.
The previous interpretation of the regulation did not allow for an owner to adopt a preference for homeless families, as owners could not adopt preferences outside of 5.655(c)(1) - (c)(5). However, in consultation with the Office of General Counsel, the Office of Multifamily Housing Programs (Multifamily Housing) has revisited this issue and has broadened its interpretation to allow that silence within the provision does not preclude owners from adopting preferences outside of those cited.