HUD Responds to LIHTC Tenant Data Collection Comments

HUD received approximately 25 comments to its March 30, 2009, notice on its proposed methodology on how to collect data on low-income housing tax credit housing from state finance agencies. On March 3, 2010, it published a notice in the Federal Register summarizing the comments and its responses. Following are some highlights of what commenters said and how HUD responded:

1. A number of commenters supported HUD’s general idea of using the National Council of State Housing Agencies (NCSHA) Tenant Income Certification (TIC) for tenant data collection, but also suggested that states retain flexibility to make modifications. In its response, HUD said it will not be adding questions about zip codes and additional breakdowns by type of assistance. In addition, HUD will not require use of specific forms. HUD stated that the forms are provided as a way to convey the standards and definitions of the required data; therefore states may incorporate the required data elements in their existing forms, if they are consistent with HUD definitions. As to SSNs, HUD decided to request partial SSNs to protect privacy. HUD plans to require reporting on project-based assistance, HOME, HOPE VI, Community Development Block Grant, and Rural Housing Service assistance, and use the partial SSNs to match data from other assistance programs.
2. Several commenters asked that the collection of information be limited in frequency, such as initial move-in and annual updates; or only certain information should be collected at certain times. HUD’s response was that tenant data will be collected annually as required by statute. After the initial data collection, only data on re-certifications and new tenants will be required. Consistent with statutory changes in HERA, tenants residing in 100 percent low-income unit properties are not subject to re-certification.
3. Some commenters asked that information collected be limited in scope. HUD reiterated that it will not require the collection of data on tenants in non-LIHTC units.

The notice also said that will be using a system similar to and based on TRACS, which is currently used to collect data on Section 8 tenants.

Finally, HUD said that it understands that states may encounter difficulty in completing the data collection requests, and will address the need for additional time on a state-by-state basis. “However, while Congress has authorized funds for this data collection, funds were not appropriated for this specific purpose in Fiscal Year (FY) 2009,” and states should be aware of this funding limitation.

For more information, see FR Document 2010-4386, filed March 2, 2010.