HOTMA was signed into law on July 29, 2016 (Public Law 114–201, 130 Stat. 782). The HOTMA statute consists of 14 sections of law that affect the Public Housing and Section 8 rental assistance programs. On September 17, 2019, HUD issued a proposed rule to update its regulations according to HOTMA’s statutory mandate. The proposed rule may be found at 84 FR 48820 (September 17, 2019). Sections 102 and 104 of HOTMA make sweeping changes to the United States Housing Act of 1937 (1937 Act), particularly those affecting income calculations and reviews. Section 102 changes requirements related to income reviews for Public Housing and Section 8 programs. Section 104 sets maximum asset limits for Public Housing and Section 8 applicants and participants.

 

HAMC has updated our Administrative Plan to be in compliance with the HOTMA Changes. Participants and applicants may view the changes the HAMC has implemented regarding Interim Certifications (Change Reports), income and assets, by visiting our Administrative Plan and reviewing the following chapters:

 

Changes will go into effective with the July 1, 2025 Annual Recertifications and Interim Certifications that will be processed and effective July 1, 2025.

https://maricopahousing.org/wp-content/uploads/2025/01/Administrative-Plan-Revised-12.18.2024.pdf

Chapter Subject
3.12 Cure of non-compliance (HOTMA)
3.13 Definition of a Person with a Disability Under Federal Civil Rights Laws
5.1 Qualifications for Admission
5.3 Family Definition
5.3.4 Foster Adult
5.3.5 Foster Child
6.1 Jointly owned assets,
6.1.1 Earned Income
  Day Laborer
  Independent Contractor
  Seasonal Worker
6.1.2 Unearned Income
6.2 Replace 6.2 EID Policy with Non-Recurring Income
  Excluded Income
6.3 Definition of Income
  Asset owned by business entity
6.4 Net Family Assets
6.5 Asset Limitations;
6.6.1 Actual Income
6.7 Imputing Income from Assets
6.7.1 Passbook Rate
6.15 Real Property, Personal Property, Other Capital Investments
6.15.1 Trusts
6.15.2 Trusts as Net Family Assets
6.15.3 Actual Income from a Trust
6.15.4 Trust Distributions and Annual Income
6.16 Exemptions to the Real Property Restriction in the Asset Limitation
6.17 Suitability of Real Property for Occupancy
6.18 Necessary and Non-Necessary Personal Property
6.19 Assets with negative equity
6.21 Excluded Assets;
6.22 6.22- Deductions from Income
  Consumer Price Index–Urban Wage Earners and Clerical Workers (CPI–W)
  Unreimbursed Health and Medical Care Expenses and Reasonable Attendant Care and Auxiliary Apparatus Expenses Deduction
  Unreimbursed Reasonable Attendant Care and Auxiliary Apparatus Expenses
  Phased-In Relief
  Phased-in Relief Timing Table
  Phased-in Relief Outcomes According to Family’s Status in Program for Multifamily Housing Program
  General Relief
  Child-Care Expenses Deduction and Hardship Exemption to Continue Child-Care Expenses Deduction
  Policy for Determination of the Family’s inability to Pay Rent
  Allowable Childcare Activities and Expenses
  Family Notification of Hardship Exemption
  Extension of Hardship Exemption for Additional 90-Day Period(s)
  Additional (Permissive) Deduction
6.27 Minimum Rent and Hardship Exemptions
  Hardship Exemptions for Health and Medical Care Expenses and Reasonable Attendant Care and Auxiliary Apparatus Expenses
10.1 Authorization for the Release of Information (Form HUD–9886)
10.1.1 Timing of Completing Form HUD–9886
10.1.2 Revocation of Consent
10.2 Methods of Verification
  Mandatory and Discretionary Use of EIV
10.3.1 Lack of Social Security Documentation
10.5 Verification of Income
  Zero Income Verification
10.6 Verification of Assets
11.1 Annual Re-Certifications
  Reexamination (Streamlined Income Determinations)
11.2 Interim Re-Certifications
  Overview of Calculating Annual Income at Annual Reexamination
11.3 Interim Recertifications
  Interim Changes to Family Circumstances
  Interim Changes Not Reported Timely
  Interim Re-certification Effective Dates
11.3.1 Interim Reexamination for Decrease in Adjusted Income
11.3.2 Interim Reexamination for Increase in Adjusted Income
11.3.3 Interim Reexamination for Decrease in Family Size
11.3.4 Non-Interim Transaction for Decrease in Family Size
11.7 Special Considerations for Terminating Assistance or Evicting Families for Non-Compliance with the Asset Limitation
14.1 Mandatory Denial or Termination
17.7 HOTMA Changes That Impact FSS Programs – Interim Reexaminations
19.21 Special Considerations for Terminating Assistance or Evicting PBV Families for Non-Compliance with the Asset Limitation
Appendix C Exclusions from Net Family Assets
Appendix D Income Exclusion Definitions
Appendix E Consumer Price Index – Urban Wage Earners And Clerical Workers (CPI-W) Items