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pdfHAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
Admin Indirect Rate (page 8)
1
4/5/2022
New York State Homes &
Community Renewal
4/5/2022
New York State Homes &
Community Renewal
The draft guidance references allowing a de minimis indirect rate of 10% for administrative expenses. NYS has allowed its
Treasury has updated the reporting guidance accordingly.
subrecipient to apply an indirect rate of 24% for administrative expenses based on supporting documentation that shows the
calculation of the indirect rate and the staff, vendors and services to which the indirect rate applies. Please clarify that grantees
and subrecipients may be allowed to apply a higher indirect rate with appropriate documentation.
Housing Type (page 21)
2
Treasury agreed to update the guidance accordingly. The single‐family home attached and single‐
Reporting on housing type includes the options single family home detached, single family home attached, condominium,
family home detached categories will be consolidated into one; "single‐family home".
manufactured housing, other, and data not collected. Because we don’t distinguish whether a single family home is attached or
detached, please eliminate this distinction or clarify how single family home data should be reported.
The requirement that Tribes with HAF allocations < $5 million only have to submit an annual performance report is beneficial to
smaller Tribes with limited resources and workforce capacity.
Treasury agreed to remove the requirement for Tribal Governments to post on a public‐facing
This requirement: “Each Annual Performance Report must be posted on the public‐facing website of the HAF participant on or website.
by the same date the HAF participant submits the report to Treasury” (pgs. 16‐17) is an unnecessary burden for Tribes with
limited workforce capacity, or technical expertise.
3
3/30/2022
Coyote Valley Band of Pomo Indians
4
4/13/2022
The attached list is referenced in the reporting guidance for use determining urban vs. rural regions for reporting purposes. This
Treasury agreed to provide a copy of the list with the States in a separate column to allow for easier
West Virginia Housing Development
list is alphabetically by city name and state. It would be much more useful if the state were in a separate column so that each
sorting.
Fund
state could easily determine its urban or rural areas.
Allow for Changes to HAF Performance Goals to Reflect Market Developments
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4/14/2022
NCSHA
In their HAF program plans agreed to with Treasury, HAF program administrators set performance goals for their programs. The
proposed Guidance requires HAF program administrators, in their annual reports, to provide an update on their progress
toward meeting these goals. It also notes that HAF agencies will not be able to modify their performance goals or add any
Because this specific question pertains to the Annual Report which does not begin until July 2022,
additional performance goals.
Treasury will continue to work with internal stakeholders to determine the best path forward for
NCSHA recommends Treasury amend the Guidance to allow HAF administrators to change their performance goals, subject to performance goal monitoring and updating.
Treasury review. One of the strengths of HAF is that it enables HAF administrators to design programs to meet the specific
needs of homeowners in their states and to amend their programs to reflect market changes and lessons learned. Given this, it
seems only sensible that states also be able to adjust their program goals to reflect these developments. Not allowing program
goal changes could hurt the performance of the program by requiring HAF administrators to meet goals that are no longer well‐
suited to their states’ markets.
Clarify Use of HAF Funds for Manufactured Housing Lot Rents
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4/14/2022
NCSHA
In November, Treasury updated its HAF program guidelines to add lot rent for manufactured homes to the list of expenses
eligible for HAF assistance. However, the new proposed Guidance omits lot rent as an eligible expense.
NCSHA believes that this omission occurred in error. However, since lot rents are not listed in the new proposal, some HAF
Administrators may feel they are unable to offer such assistance. Please clarify in the final Guidance that lot rents remain an
eligible expense.
Treasury will provide additional guidance to clarify that lot rent is an eligible expense covered under
Mortgage Payment Assistance, Financial Assistance, or Measures Preventing Displacement.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
Streamline Collection of Demographic Data
Appendix 1 of the proposed Guidance lists the various racial, ethnic, and gender categories that HAF administrators should use
when collecting and reporting information on HAF applicants and beneficiaries. With regard to race, the Guidance requires
states to report on applicants and beneficiaries of Asian descent in seven different subcategories (Chinese, Japanese, Korean,
etc.) not commonly collected in government programs. The guidance also proposes
several subcategories for those who identify as Native Hawaiian or Other Pacific Islander.
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4/14/2022
NCSHA
Many HAF administrators have already set up their application systems and have not included these specific subcategories.
Treasury will retain race sub‐categories and add a new line‐item "sub‐category not collected" in the
Some have noted that they have used in their HAF systems the same racial categories used for the Emergency Rental
disaggregate table for participants who do not collect information at the sub‐category level.
Assistance program (ERA), which many HAF administrators also run. Updating their systems to account for the new and
different proposed subcategories could prove costly and possibly disruptive to the program, while offering
little actionable information. Further, while states that do not collect information on these subcategories can report applicants
of Asian descent as “Asian (Other)” or “Data Not Collected” in their quarterly reports, this presents a misleading picture of the
HAF program and its beneficiaries, as well as not including the data the HFA administrators may capture and be ready to report.
NCSHA suggests Treasury remove these subcategories from the final Guidance and instead align the racial categories used for
HAF reporting with those used for ERA.
Property Types
Appendix 2 requires states to collect for each HAF applicant the type of property that they are requesting assistance for. The
categories include: Single Family Home Detached; Single Family Home Attached; Condominium; and Manufactured Housing.
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4/14/2022
NCSHA
For HAF purposes, there does not seem to be a meaningful distinction between traditional detached single‐family homes and
attached single‐family homes, particularly considering that condominiums are accounted for in their own category. Further,
many homeowners may not be aware of whether their home would be considered attached or detached. Consequently, we
suggest Treasury replace these two categories with a single category for one‐to‐four unit single‐
family homes.
Treasury agreed to update the guidance accordingly. The single‐family home attached and single‐
family home detached categories will be consolidated into one; "single‐family home".
Amend Income Disclosure to Account for Use of Properties
Item N of the quarterly reporting requirements requires HAF administrators to answer affirmatively or negatively whether,
when determining applicants’ eligibility for HAF, they have relied on the definitions of annual income allowed under the
program (The allowable definitions are HUD’s definition of “annual income” in 24 CFR 5.609 or adjusted gross income as
defined for purposes of reporting on IRS Form 1040 series as mentioned in the HAF guidance). If a HAF administrator answers in
the negative they will be effectively answering that they are not in compliance and have to explain why.
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4/14/2022
NCSHA
Treasury agreed to provide additional guidance in the Programmatic Information Requirements
This certification, as currently worded, does not take into account HAF administrators that, as part of their HAF plan agreed to
section of the reporting guidance.
with Treasury, also use proxies to determine whether an applicants’ income qualifies for them for the program. For example,
NCSHA knows that some states will approve applications because the applicant receives benefits through a federal means‐
tested program or based on other fact‐specific proxies (such as homeowners that live in census tracts with certain federal
distress and/or low‐income designations) that Treasury has approved. Under the Guidance, as currently written, these HAF
administrators may feel compelled to answer in the negative.
NCSHA asks that Treasury amend this requirement to clarify that those HAF administrators who used proxies that were
approved as part of their HAF plan may also certify that they met this requirement.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
Add Fraud Option to Reasons for Denial of Application
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4/14/2022
NCSHA
The Guidance also requires HAF administrators to list in their quarterly reports the reasons for HAF assistance application
denials. Possible reasons include income eligibility, lack of COVID‐related financial hardship, property not the primary
residence, principal balance exceeded conforming loan limit, application not completed within program timeframe, and other. "Other reasons for denial" category should be used in this instance. Treasury decided to not make
an update at this time.
NCSHA recommends Treasury add an option for “Fraud or Potential Fraud.” While we do not believe fraud is widespread, we
have heard from several HAF administrators who have reviewed applications they have believed to cases of fraud or potential
fraud. Including this as a separate category will allow Treasury to get a better sense of how large this issue is and allow HAF
administrators to better explain why they denied certain applications.
Monetary vs. Non‐Monetary Assistance
The proposed Guidance would require HAF administrators in their quarterly reports to break down how many delinquencies
were resolved through the HAF program through the provision of “monetary HAF assistance” (direct aid through a HAF
program) or non‐monetary HAF assistance, such as housing counseling and legal services that were funded by HAF.
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4/14/2022
NCSHA
Treasury agreed to provide additional clarity on the distinction between Monetary HAF Assistance
and Non‐monetary HAF Assistance in the reporting guidelines. Treasury agreed to clarify the
Several states have expressed concerns that they do not have enough information about what is meant by “non‐monetary HAF
intention behind the use of the term "resolved."
assistance” and how it can be tracked. We ask that Treasury include in its final Guidance further details about what types of
assistance qualify as “non‐monetary assistance” and what steps HAF administrators can take to track those outcomes.
We also ask Treasury to clarify how HAF administrators should categorize beneficiaries who received both monetary and non‐
monetary HAF assistance, such as a homeowner who first received housing counseling paid for with HAF dollars, and the
counselor helped them successfully apply for monetary HAF assistance.
Funds Allocated to Those Below 60% of AMI
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4/14/2022
NCSHA
The proposed Guidance requires HAF administrators to certify in their quarterly reports that they have “allocated” at 60
percent of HAF assistance to homeowners with incomes less than the greater of 100 percent of Area Median Income or US
Median Income, as required by statute.
Treasury agreed to clarify verbiage in questions regarding targeting.
For the purposes of this requirement, we urge Treasury to clarify whether “allocated” refers to HAF funds that have been
“expended,” as defined on page 2 of the Guidance, or “obligated,” as defined on page 3.
Applicants/Beneficiaries of More than One Race
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4/14/2022
NCSHA
Treasury agreed to clarify racial data collection expectations. In line with modern data collection
practices apropos of race, Treasury expects that individual Homeowners be allowed to report more
Please clarify how HAF administrators should collect and report data on applicants and beneficiaries who identify as more than
than one race.
one race.
Difference Between Submitted and Completed HAF Applications
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4/14/2022
NCSHA
Under the proposed Guidance, HAF administrators would be expected to differentiate between the total number of unique
homeowners who submitted an application for HAF assistance and the total number who submitted a completed application
for HAF assistance.
NCSHA has heard from several HAF administrators who will not allow homeowners to submit an application through their
system until the application has been completed. Consequently, there will be no difference between these two data points.
Please clarify that is acceptable for states to submit the same number for both categories
Treasury agreed to clarify its expectation that the data elements in question may be reported as
the same figure for certain recipients.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
Clarify Data Points on Multiple Time HAF Applicants and Beneficiaries
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4/14/2022
NCSHA
The proposed Guidance requires HAF administrators to submit in their quarterly reports both the “Number of unique
Homeowners who applied for assistance that had previously received HAF assistance” and the “Number of unique
Homeowners that received assistance on more than one application.”
Treasury updated the reporting guidance to clarify. The two questions measure outcomes of
Homeowners attempting to receive repeat assistance compared to those that succeeded.
These two metrics seem very similar and further clarification is needed to determine what exactly is being captured within
each metric and how they differ.
Definition of “HAF Funded Program”
Treasury agreed to clarify verbiage of "HAF Funded Programs", by removing the word "Funded"
from the reporting guidance.
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4/14/2022
NCSHA
On Page 14 of the proposed Guidance, Treasury states that HAF administrators must provide in their quarterly reports
information on all “HAF funded programs” but does not provide a definition of this term. Please include a definition for this
term in the final Guidance.
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4/14/2022
NJ Housing and Mortgage Finance
Agency
First, could we quickly receive a sample of the reporting template to be used for quarterly reporting, in order to ensure a timely Treasury decided to not make an update at this time. The User Guide will provide adequate
information.
submission by the upcoming deadline?
18
4/14/2022
NJ Housing and Mortgage Finance
Agency
Second, Property Type (or Housing Type) is a field that was not reported on the interim reporting. Many states may not
currently be capturing this in our systems, and may need to rely heavily on the "Data not Captured" selection until the data
can be captured for applications moving forward.
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4/14/2022
NJ Housing and Mortgage Finance
Agency
Lastly, we note that Loan Type is captured electronically from the mortgage services, and may not be able to be independently Current data collection methods allow for the participant to select "Data not collected". Treasury
verified by the HAF participant or even the applicant.
decided to not make an update at this time.
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4/14/2022
Hawaii Housing Finance and
Development Corporation
On page 9, paragraph 8, Program Income:
Either declare limitations for the utilization of the amount program income for interest earned as being $500, or declare that
no such limitation exists for the utilization of the amount program income for the interest earned.
Treasury decided to not make an update at this time. This is not required in the reporting guidance.
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4/14/2022
California Housing Finance Agency
Will the Treasury provide a template for the data elements that will be entered into the portal?
Treasury decided to not make an update at this time The User Guide will provide adequate
information.
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4/14/2022
California Housing Finance Agency
The number of metrics which require the disaggregation of data will require a considerable amount of time and effort on the
programs part.
Treasury decided to not make an update at this time.
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4/14/2022
California Housing Finance Agency
Tracking the number of delinquencies “resolved” from the non‐monetary assistance perspective may be difficult due to the
data being recorded and reported from a sub‐recipient of funds. The program may know if a homeowner was assisted with
their delinquency issue but may not know the outcome of that assistance on whether it was resolved.
Treasury agreed to clarify the intention behind the use of the term "resolved."
Treasury decided to not make an update at this time.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
24
4/14/2022
California Housing Finance Agency
If the US Treasury Department (UST) decides to require data points not readily available to States, the program would request
Treasury decided to not make an update at this time.
UST facilitate the sharing of data between FNMA, FHLMC, VA, USDA, FHA and the program.
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4/14/2022
California Housing Finance Agency
Page 13: a) Budget – is this the total obligated and expended totals since program start? Or is it similar to: f. Program
Information?
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4/14/2022
California Housing Finance Agency
Page 13: What is the difference between the “Budget” in a) and the expenditures and obligations in g) and h)?
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4/14/2022
California Housing Finance Agency
Page 13: Delinquencies – Need more information around what “participant‐level” level reporting would include?
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4/14/2022
California Housing Finance Agency
Page 14: i) The difference between i) and f) in the quarterly report?
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4/14/2022
Ohio Housing Finance Agency
Final guidance unlikely to be published in advance of May quarterly report due date. Comments on this guidance are due April
14 to Treasury. Then Treasury will need time to make revisions/updates and release the final guidance. With this timeline, it
Treasury agreed to adjust the timeline in the reporting guidance to allow for additional time for
seems unlikely that the final guidance will be published sufficiently in advance of the May 16 quarterly report due date, leaving recipients to prepare Quarterly Reports. First Quarterly Report Date is now May 31, 2022.
almost no time for HAF participants to prepare. Implementation of any new rules or requirements should be delayed to a
reasonable date to allow for adoption by participants.
Ohio Housing Finance Agency
Changes to data collection requirements mid‐program negatively impact data quality. OHFA has been providing HAF assistance
since July 2021 and has nearly a year of data on programs and applicants. Changes to data collection, as outlined in this
guidance, are unable to be gathered retroactively, leaving a large portion of the data incomplete. This adversely affects data
quality and OHFA’s ability to use this data for rigorous analysis. Treasury has provided no explanation as to why these proposed Treasury decided to not make an update at this time.
requirements were not offered upon the program’s initial implementation, or what has changed that makes these proposed
requirements necessary. The addition of new data collection requirements at this late date is unreasonable and places an
undue burden on participants.
Ohio Housing Finance Agency
Changes to reporting and data collection require additional administrative costs. It would have been beneficial to receive more
detailed guidance as OHFA was setting up the program last July. At this point, many of the changes to reporting and data
collection, as outlined here, will require additional administrative dollars to adjust IT systems and reporting procedures.
The current reporting requirements are necessary for responsible oversight. Treasury decided to not
Treasury’s creation of new data elements at this late date will lead participants to utilize their awarded dollars for extensive,
make an update at this time.
expensive, and unnecessary reprogramming efforts. This is an irresponsible waste of federal dollars, which could have been
avoided by requiring such data elements at the program’s inception.
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4/14/2022
4/14/2022
Commenter
Comment
Treasury Response to Comment for OMB
Treasury agreed to provide additional guidance in the Programmatic Information Requirements
section of the reporting guidance. The User Guide will provide adequate information.
Treasury agreed to provide additional guidance in the Programmatic Information Requirements
section of the reporting guidance. The User Guide will provide adequate information.
Treasury decided to not make an update at this time. The User Guide will provide adequate
information.
Treasury agreed to provide additional guidance in the Programmatic Information Requirements
section of the reporting guidance.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
32
4/14/2022
Ohio Housing Finance Agency
Conflict with new guidance. If something in a HAF participants approved plan conflicts with this new guidance, does the
participant need to make updates to the plan and resubmit? If existing plans are not grandfathered (as they have already been
approved by Treasury), then this is another example of how the long delay in the release of these proposed rules will lead to
Treasury decided to not make an update at this time.
the additional and unnecessary expenditure of grant funds and increased administrative burdens on behalf of participants to
simply remain compliant with Treasury’s moving targets.
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4/14/2022
Ohio Housing Finance Agency
Template. It would be helpful to have a template for the quarterly reports and/or the annual report so that HAF participants
can better prepare.
Ohio Housing Finance Agency
Definition of “Obligation/Obligated” (page 3) – It is odd to include expended funds as part of the definition of obligated funds.
From a Finance/Accounting perspective, one would expect obligated to include only outstanding contracts so that as the
The definition is set under Title 2 of the Code of Federal Regulations. Treasury decided to not make
amount of expended increases, the amount of obligated decreases. The encumbrance associated with any obligation is
an update at this time.
released as the expenditure occurs. Can Treasury provide clarification as to why obligated funds are inclusive of expended
funds?
Ohio Housing Finance Agency
Guiding Principles: “Swift and effective implementation is vital, and Participants must balance facilitating program access and
maintaining a robust documentation and compliance regime” (page 5).
‐What is the definition of “robust?” If the meaning of this is that OHFA should maintain documentation in accordance with
generally accepted grant requirements, then “appropriate” would be a better term.
‐OHFA was informed by Treasury at the start to make this process to reduce barriers for applicants. The direction provided in
the proposed guidance seems to contradict this policy approach. Is this directed at the HAF participant’s internal process for
documenting the program? Or is this directed at the applicant submitting documentation? Please clarify this verbiage, as it
appears on its face, that Treasury is requiring participants to gather substantially more documentation through our program
efforts.
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4/14/2022
Treasury decided to not make an update at this time. The User Guide will provide adequate
information.
Treasury decided to not make an update at this time.
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4/14/2022
Ohio Housing Finance Agency
Guiding Principles: “HAF‐funded programs should advance shared interests and promote equitable delivery of government
benefits and opportunities to underserved communities, as outlined in Executive Order 13985, On Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government” (page 5).
Treasury decided to not make an update at this time. The User Guide will provide adequate
‐How will the HAF participant be measured in this regard? Please provide clarification on Treasury’s expectations for how and information.
what OHFA should measure to ensure the advancement of shared interests and the promotion of equitable delivery of benefits
and opportunities.
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4/14/2022
Ohio Housing Finance Agency
Reporting: “HAF participants will be required to submit quarterly reports until September 30, 2026…” (page 6)
‐ARP legislation specifies that HAF funds remain available until September 30, 2025. The new guidance from Treasury is
requiring OHFA to submit quarterly reports until September 30, 2026. Please clarify what activity Treasury expects between
September 30, 2025 and September 30, 2026.
The Period of Performance is through September 30, 2026, per the financial assistance agreement.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
38
4/14/2022
Ohio Housing Finance Agency
Reporting: “Certain reporting may continue on an annual basis for four years, until August 2027, to ensure that programs
funded by the HAF program maintain operations.” (page 6)
Treasury agreed to adjust the timeline in the reporting guidance. The final annual report will cover
‐ This time period is unclear and what is “certain reporting?” Is it four years following the end of the program, which would be July 1, 2025 ‐ September 30, 2026; due by November 14, 2026. Annual report #6 will be removed
2030? Or, is it until August 2027, which would be four years following what significant date?
from the reporting guidance.
‐ If no additional homeowners are assisted, what “programs funded by the HAF Program” will need to “maintain operation”? In
reality, no programs will be operating after the end of the program in 2026.
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Ohio Housing Finance Agency
Other Compliance Obligations: Civil Rights Compliance (page 10).
Civil rights compliance laws are set statutorily. Treasury does not have any further comments on
‐The proposed guidance is incomplete and unclear. How exactly will participants be measured in this regard? How do we check
this statement at this time.
and/or indicate to Treasury that OHFA is in compliance?
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4/14/2022
Ohio Housing Finance Agency
Quarterly Reporting: “The subsequent Quarterly Reports will cover one calendar quarter and must be submitted to Treasury
within 45 calendar days after the end of each calendar quarter” (page 12).
‐The language here indicates the report should cover a single quarter, however the timeline chart indicates that the period
covered is from award date to end of the calendar quarter. Will the reports be both quarterly and cumulative? Please clarify.
Ohio Housing Finance Agency
Quarterly Reporting, Programmatic Information Requirements – b. Homeowner Applications: Number of unique Homeowners
whose application was denied (page 13).
‐For OHFA’s Utility Assistance Plus program, the Community Action Agencies do not provide a reason for denials. This metric
may make sense for the mortgage assistance programs, but it’s not clear how it is a useful metric to capture for non‐mortgage
Other reasons for denial category should be used in this instance. Treasury does not have any
assistance programs.
further comments on this statement at this time.
‐The categories for denial reasons are broad and not indicative of what OHFA is seeing in practice. How were these categories
determined?
‐Allowing for an “Other” category with a narrative decreases data quality as it allows for too much subjectivity in data entry.
OHFA would suggest a more comprehensive list of categories rather than allowing for a narrative.
Ohio Housing Finance Agency
Quarterly Reporting, Programmatic Information Requirements – b. Homeowner Applications: Number of unique Homeowners
that received assistance on more than one application (page 13).
Treasury updated the reporting guidance to clarify. The two questions measure outcomes of
‐Please clarify what is meant by “more than one application.” Is it simply homeowners who received assistance from more than
Homeowners attempting to receive repeat assistance compared to those that succeeded.
one program (mortgage, utility, repair, etc.)? If so, could the language be changed to read: “Number of unique Homeowners
that received assistance from more than one program?”
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4/14/2022
Treasury agreed to provide additional detail in the reporting guidance related to the reporting
timeline. The quarterly reports will be cumulative from Award‐Date to calendar quarter end date.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
43
44
Date Comment Received
4/14/2022
4/14/2022
Commenter
Ohio Housing Finance Agency
Ohio Housing Finance Agency
Comment
Treasury Response to Comment for OMB
Quarterly Reporting, Programmatic Information Requirements – d. Delinquencies: HAF participants will be required to report
on the number of delinquencies resolved using HAF assistance. Delinquencies can be resolved through two forms of HAF
assistance: Monetary or Non‐Monetary (page 14).
‐Please clarify what “resolved” means or provide a definition in the “Definitions” section. Is it that a delinquency no longer
exists? If so, a delinquency could be “resolved” through foreclosure, which is not a desirable outcome. What outcomes indicate
a desirable/positive resolved delinquency?
Treasury agreed to clarify the intention behind the use of the term "resolved."
‐For non‐monetary assistance, what is the level of detail needed to prove a delinquency was “resolved” by a Legal Aid or
Housing Counseling Agency? Is it that a Legal Aid filed a motion or is it necessary to track the result of the motion as well? What
are the outcomes that need to be reported here to show resolution?
‐Has Treasury considered the possibility that Legal Aids won’t be able to report information due to confidentiality? If that is the
case, it may be extremely difficult to get an accurate count of unique homeowners who utilized their services and received
monetary assistance.
Quarterly Reporting, Programmatic Information Requirements – g. Expenditures: HAF participants will be asked to report
expenditures on a cumulative basis on at the following levels: the participant‐level, program‐level, and program design element‐
Treasury decided to not make an update at this time. The User Guide will provide adequate
level (page 14).
information.
‐Please provide more information about what expenditure information is being asked for at each of these levels, and in
particular, at the program design element‐level.
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Ohio Housing Finance Agency
Quarterly Reporting, Programmatic Information Requirements – g. Obligations: HAF participants will be asked to report
expenditures on a cumulative basis on at the following levels: the participant‐level, program‐level, and program design element‐
level (page 14).
Treasury decided to not make an update at this time. The User Guide will provide adequate
‐Please provide more information about what expenditure information is being asked for at each of these levels, and in
information.
particular, at the program design element‐level. It seems like an undue burden to ask for obligated information at the program
design element‐level.
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Ohio Housing Finance Agency
Changes mid‐program as to what data is being collected by OHFA will negatively impact data quality and OHFA’s ability to use
this data for rigorous analysis. It would have been better to specify these race, ethnicity, and gender categories in more detail Treasury does not have any further comments on this statement at this time.
at the start of the program last July.
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Ohio Housing Finance Agency
Race (page 19)
‐It is unclear how granular Treasury would like race data collected. Is Treasury asking for race data broken down further than
the general categories of American Indian/Alaska Native, Asian, Black/African American, etc.? OHFA has not been collecting
data broken down into racial subcategories (i.e., Chinese, Filipino, Japanese). To do so mid‐program would negatively impact
data quality and OHFA’s ability to use this data for rigorous analysis.
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Ohio Housing Finance Agency
Gender (page 19)
‐OHFA has not been collecting data broken down into female, male, and non‐binary. While OHFA would certainly agree that
Current data collection methods allow for the participant to select "Data not collected". Treasury
this a more inclusive way to track gender categories, to change our data collection mid‐program would negatively impact data does not have any further comments on this statement at this time.
quality and OHFA’s ability to use this data for rigorous analysis.
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Ohio Housing Finance Agency
Housing Type (page 21)
‐OHFA has not been collecting data on housing type. To do so mid‐program would negatively impact data quality and OHFA’s
Current data collection methods allow for the participant to select "Data not collected". Treasury
ability to use this data for rigorous analysis. This data is also extremely difficult to capture. What data source does Treasury
does not have any further comments on this statement at this time.
expect HAF participants to use to easily gather this data? What is the utility of capturing this data for non‐mortgage programs?
How does this metric assist HAF participants in using data to improve processes and outcomes?
Treasury will retain race sub‐categories and add a new line‐item "sub‐category not collected" in the
disaggregate table for participants who do not collect information at the sub‐category level.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
Commenter
Comment
Treasury Response to Comment for OMB
We recommend the following changes to the definition of monetary and non‐monetary HAF
assistance in order to ensure that all eligible types of uses of HAF funds are covered:
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4/14/2022
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
Monetary HAF Assistance means HAF assistance in the form of money that was
provided to Homeowners or on behalf of Homeowners to financial institutions,
utility providers, and taxing authorities or other third‐party payees under a HAF
Program.
Treasury agreed to update the operational definitions bulleted under HAF Assistance in the
reporting guidance.
Non‐monetary HAF Assistance means HAF assistance in any form other than
money that was provided to Homeowners under a HAF Program (i.e., housing
counseling or legal services).
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4/14/2022
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
We recommend that the list of denial reasons in the section requiring disaggregation of denial
separated by reason category be expanded to reflect some of the most common reasons
homeowners are being denied for HAF assistance. These additional denial reasons should
include:
● Servicer not par cipa ng
● Non‐qualifying delinquency (i.e., not delinquent enough or delinquency started too early or too late)
● Delinquency amount exceeds program cap
● Applicant unable to document ownership interest in the property
We further recommend that HAF participants also be required to report how many appeals of
denials they received and, for each appeal, whether the decision to deny was confirmed or
reversed.
Treasury will update reason for denial categories to include servicers not participating and
delinquency amount exceeds program cap.
Treasury decided to not make an update at this time. Treasury reserves the right to collect
information apropos of the appeals process on an ad‐hoc basis.
In subsections (d) and (f), the draft guidance requires HAF participants to report “delinquencies
resolved” using both monetary or non‐monetary assistance. We strongly recommend that
“delinquencies resolved” be used as a metric only for monetary assistance and that the metric for
non‐monetary assistance be the number of homeowners assisted.
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4/14/2022
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
Using “delinquencies resolved” as a metric for non‐monetary assistance poses a number of
problems. First, when a HAF‐funded housing counseling or legal services agency assists a
homeowner who also applies for and receives monetary HAF assistance, reporting that
delinquency as resolved under both monetary and non‐monetary categories would result in
double counting of a single resolved delinquency. Second, HAF‐funded counseling, education or
legal services provided to HAF‐eligible homeowners will not always involve resolution of a
current delinquency. For example, a homeowner may seek the assistance of a housing counselor
when she is facing a loss of income that will make paying her mortgage difficult in the future
instead of waiting until she is already delinquent on payments. Another homeowner may seek
legal assistance with a homestead declaration to protect home equity or with establishing
successor‐in‐interest status after a death or divorce.
In addition, unlike HAF programs providing monetary HAF assistance, where it is always clear
whether a delinquency has been resolved with the money sent to a mortgage servicer or other
third‐party payee, providers of non‐monetary HAF assistance frequently provide advice,
counseling or education to homeowners who then proceed to take action on their own behalf so
that the provider may not know the outcome.
Treasury agreed to clarify the intention behind the use of the term "resolved."
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
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55
Date Comment Received
4/14/2022
4/14/2022
Commenter
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
Comment
Treasury Response to Comment for OMB
It would make much more sense and be more feasible for providers of non‐monetary HAF assistance for the Treasury
Department to use a metric similar to the metric used for nonmonetary housing stability services under the Emergency Rental Treasury agreed to provide additional clarity on the distinction between Monetary HAF Assistance
Assistance Program (ERAP). Under the ERAP reporting guidance, program administrators and providers of housing stability
and Non‐monetary HAF Assistance in the reporting guidelines. Treasury agreed to clarify the
services are only required to report the number of unique participant households that received housing stability services in the intention behind the use of the term "resolved."
reporting period. That approach should be adopted for HAF as
well.
We recommend that the specified data also be disaggregated by the following additional categories:
● Limited English proficiency.
● Language preference.
● Disability status.
● Census tract. Using census tract (as opposed to just zip code) in this context will make it much easier to overlay a variety of
demographic and housing stock data on the HAF data for purposes of assessment, analysis and generation of lessons learned
for the future. Converting street addresses to census tract numbers is relatively straightforward and so should not be difficult
for HAF administrators. Moreover, many HAF programs are already using census tract information as part of their SDI
definitions.
Treasury decided to not make an update at this time. Despite the benefits, the implementation of
Census Tract data would place an undue burden on certain recipients.
We also recommend making the following related addition at the end of Appendix 2:
Census Tract
HAF participants will be expected to collect the number of homeowners and program
funds obligated and expended at the census tract level.
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National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
We recommend revising this paragraph as follows:
Treasury may request information on the HAF participant’s compliance with Title VI of the Civil
Rights Act of 1964 on an annual basis. This information may include a narrative describing the
HAF participant’s compliance with Title VI, along with other questions and assurances,
including actions taken and systems established to ensure that members of all relevant protected
classes have full access to the HAF participant’s program, including people with disabilities and
others, and data needed to determine compliance with all applicable civil rights statutes. This
collection does not apply to Tribal Governments.
Treasury will update the guidance accordingly.
4/14/2022
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
We recommend including the following more specific categories under the “Hispanic or
Latino/a” heading:
● Mexican
● Puerto Rican
● Cuban
● Other Hispanic or La no/a
Treasury decided to not make an update at this time.
4/14/2022
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
Appendix 2 ‐ Socially Disadvantaged We recommend revising the paragraph regarding racial or ethnic prejudice as follows:
Racial or Ethnic Prejudice – member of a group that has been subjected to racial or ethnic
prejudice or cultural bias within American society the HAF participant’s jurisdiction, as
determined by the HAF participant and specified in the participant’s HAF plan.
Treasury decided to not make an update at this time.
HAF Quarterly Annual Reporting Guidance ‐ Public Comment Log
April 2022
Comment #
Date Comment Received
59
4/14/2022
Commenter
National Housing Law Project
National Consumer Law Center
National Fair Housing Alliance
National Housing Resource Center
UnidosUS
Comment
Appendix 2 – Housing Type
We recommend adding the following categories to this list:
● Coopera ve
● Manufactured housing – affixed to real property
● Manufactured housing – unaffixed to real property
Treasury Response to Comment for OMB
Treasury decided to not make an update at this time.
File Type | application/pdf |
File Title | Guidance_Public Comments Log_4.20.22-withTeamComments_2pm.xlsx |
Author | Lippoldc |
File Modified | 2022-04-22 |
File Created | 2022-04-22 |