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Home >Policy Advocacy > Green Preservation > Weatherization Assistance Program Multifamily Regulations
Dept. of Energy, HUD Streamline Multifamily Weatherization Eligibility; Release Lists of Income Eligible Properties
The Dept. of Energy (DOE) has determined that nearly 16,000 public housing and HUD assisted multifamily properties automatically meet certain eligibility criteria for the Weatherization Assistance Program (WAP) without the need for further review. In doing so, DOE has significantly reduced the burden of evaluating WAP applications for hundreds of thousands of subsidized apartments.
DOE has posted lists of those multifamily properties that have been determined to meet certain WAP eligibility criteria. The lists can be downloaded HERE.
In order for a multifamily building to be eligible for WAP, certain eligibility requirements must be met:
1. No less than 66% of the building's households must have incomes at 200% of poverty or less;
2. Residents must not be subject to rent increases for a reasonable period of time after weatherization work has been completed; and
3. No undue or excessive enhancement to the unit can occur.
On Jan. 25, DOE announced new regulations amending WAP eligibility provisions to allow certain properties identified by HUD and USDA to be considered automatically compliant with the above mentioned requirements. The final rule implementing these changes can be found HERE, and a National Housing Trust summary can be found HERE.
A fourth requirement of WAP is that the benefits of weatherization must accrue directly to the tenants. DOE has not determined that the identified public housing and HUD assisted multifamily properties automatically meet this requirement. Rather, it is up to each individual State to establish criteria for making this determination.
DOE has, however, clarified that States may consider benefits other than reduced utility costs, including the preservation of affordable housing, when demonstrating that weatherization benefits accrue to tenants. If States follow this guidance it will help ensure that low-income families who do not directly pay utilities have an opportunity to participate in the program. For more background about this issue, click HERE for a short policy brief prepared by the National Housing Trust.
Although the file rule announced on Jan. 25 states that DOE was to identify LIHTC properties that meet the program's income eligibility requirement, it appears that HUD does not have the necessary income data to make an eligibility determination and has not a provided a detailed list of these properties. LIHTC properties (and other HUD and USDA properties not included on the lists) may still be eligible for WAP assuming owners can demonstrate that the properties meet program requirements.
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