This last week, the Office of Multifamily Housing (MFH), in partnership with HUD’s Office of Public and Indian Housing (PIH), published Housing Notice 2023-10, Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016. You can read the guidance here.

Please note the following:  

  • The Notice contains implementation guidance for everything but the Section 104 asset limitation. HUD will update the notice at a later date to include such guidance. In the meantime, HUD affirms that the asset limitation applies to the Section 202/8 program.     
  • MFH Owners must update their Tenant Selection Plans and EIV policies & procedures by March 31, 2024. The List of Discretionary Policies to Implement HOTMA identify areas in which owners have policy discretion; Owners must state in the Tenant Selection Plan how they will exercise such discretion.  
  • Please refer to Section 6.2 of the Notice to see the dates and tasks Owners must be aware of in order to meet HOTMA compliance. 

Updated HOTMA Webpage 

We have updated the Housing Opportunity Through Modernization Act (HOTMA) webpage to include the updates above. Please visit this web page to find the most comprehensive and up-to-date information on HOTMA implementation: Housing Opportunity Through Modernization Act | HUD.gov / U.S. Department of Housing and Urban Development (HUD). 

HOTMA Implementation Training 

The Office of Multifamily Housing intends to provide implementation training for property owners and agents, residents, and performance-based contract administrators. Watch for more information coming soon. 

Questions/Feedback 

Should you have any suggestions, questions, or comments, please do not hesitate to reach out to our team at MFH_HOTMA@hud.gov.