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              Congressional                                                   ____
           'aResearch Service






Implementation Status of HOTMA Income

and Rent Changes



December 8, 2023

Between January 1, 2024, and January 1, 2025, the way that incomes and rents are calculated for the
roughly 5 million households that participate in federal rental assistance programs will change, as the
Department of Housing and Urban Development (HUD) finalizes implementation of the Housing
Opportunity Through Modernization Act of 2016 (HOTMA; P.L. 114-201), which was enacted in 2016.
The timing of these changes, and HUD's decision to delay the final compliance deadline, has led to some
confusion among assisted housing residents and their landlords.

HOTMA Rulemaking

HOTMA   made a range of changes affecting HUD's rental assistance programs, including the public
housing, Section 8 Housing Choice Voucher, Section 8 project-based rental assistance, Section 202
Housing for the Elderly, and Section 811 Housing for Persons with Disabilities programs. (These changes
also affect other HUD programs, such as HOME and Housing for Persons With AIDS that refer to rental
assistance program regulations revised pursuant to HOTMA.) Some HOTMA changes took effect upon
enactment, whereas others required rulemaking, as identified in initial guidance published by HUD in
2016.
Among  the last HOTMA provisions to be implemented are those contained in Sections 102, 103, and 104
of the act that pertain to income and affect both tenant eligibility and the amount of rent tenants are
required to pay. Following publication of a notice seeking public input in 2016, a proposed rule in 2019,
and a reopened comment period in 2020, HUD published a final rule implementing these provisions in
February 2023. The final rule included an effective date of January 1, 2024; however, on September 29,
2023, HUD announced it was delaying compliance with certain provisions until HUD, PHAs, and owners
adopt system updates to reflect HOTMA changes, no later than January 1, 2025.







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