U.S. Department of Housing and Urban Development

Office of Public and Indian Housing

NOTICE: PIH 2001-- 40 (HA)

Special Attention of:

All Secretary's Representatives;

Public Housing Office Directors; Issued: November 14, 2001

Hub and Program Center Directors;

Community Builders; Public Housing Agencies; Expires: November 30, 2002

Resident Management Corporations (RMCs)

SUBJECT: Operation Enduring Freedom

This Notice provides general guidance to Public Housing Agencies (PHAs)
administering Public Housing and/or Section 8 Housing Choice Voucher and
Moderate Rehabilitation programs, and owners participating in the
Section 8 Housing Choice Voucher program, on providing support for
families and dependents of military personnel (including reservists and
guardsmen) called to active duty during Operation Enduring Freedom.

HUD encourages PHAs and private owners to be as lenient as responsibly
possible to support families affected by Operation Enduring Freedom.
This includes a variety of situations when persons are called to active
duty in the Armed Forces as a result of Operation Enduring Freedom.

Specific actions that a PHA or private owner should undertake to support
Operation Enduring Freedom military families include, but are not
limited to:

(1) Allowing a suitable guardian to move into the assisted unit on a
    temporary basis to care for any dependents the military person
    leaves in the unit. Income of the guardian temporarily living in the
    unit for this purpose during Operation Enduring Freedom is not
    counted in determining family income and the amount of rent the
    family pays based on family income.

(2) Careful consideration of the circumstances of any case involving
    delayed payment of tenant rent by the family. Determine whether it
    is appropriate to accept a late payment.

(3) For the voucher program, granting exceptions to PHA administrative
    plan policies concerning family absence from the unit to continue
    housing assistance payments to the owner on behalf of a military
    family even though all members of the military family are
    temporarily absent from the assisted unit because a member of the
    assisted family has been called to active duty as a result of
    Operation Enduring Freedom. The voucher program regulation at 24 CFR
    982.312 permits family absence from the unit for no more than 180
    consecutive days and a PHA may not exceed this regulatory limit.

(4) For public housing, allow the assisted tenancy and dwelling lease to
    remain in effect for a reasonable period of time (for example, six
    months) even though all members of the military family are
    temporarily absent from the assisted unit because a member of the
    family has been called to active duty as a result of Operation
    Enduring Freedom. After a reasonable period of time, the PHA could
    reevaluate the situation and take appropriate action to balance the
    needs of the family with the need to make good use of scarce housing
    resources.

It is also important to note that special pay to a family member serving
in the Armed Forces who is exposed to hostile fire is specifically
excluded from annual income (24 CFR 5.609(c)(7)).

> This Notice may be updated as circumstances warrant.
>
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>
> Michael Liu
>
> Assistant Secretary for Public and Indian Housing