[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14554-14564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05353]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6268-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2021

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2021, and ending on September 30, 2021, 
including those made pursuant to the CARES Act.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 10282, Washington, DC 20410-
0500, telephone 202-708-5300 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the third quarter of calendar year 2021.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to

[[Page 14555]]

waivers of HUD handbook provisions that are not relevant to the purpose 
of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2021, through September 30, 2021. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Housing, 
and the Office of Public and Indian Housing, etc.). Within each program 
office grouping, the waivers are listed sequentially by the regulatory 
section of title 24 of the Code of Federal Regulations (CFR) that is 
being waived. For example, a waiver of a provision in 24 CFR part 58 
would be listed before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Additionally, this notice includes waivers made pursuant to the 
Coronavirus Aid, Relief and Economic Security Act (CARES Act), not 
previously published in the Federal Register. These waivers are listed 
separately from other individual waivers within each program office 
grouping, as CARES Act waivers broadly covered all affected parties 
rather than individual, case-by-case situations.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the third quarter of calendar 
year 2021) before the next report is published (the fourth quarter of 
calendar year 2021), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

Damon C. Smith,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2021, Through 
September 30, 2021

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.
    The regulatory waivers granted appear in the following order:

I. Regulatory Waivers Granted by the Office of Community Planning 
and Development.
II. Regulatory Waivers Granted by the Office of Housing.
III. CARES Act Waivers Contained in CPD Notice 21-08 (July 19, 2021)

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 91.105(c)(2), and (k); 24 CFR 
91.115(c)(2), and (i); and 24 CFR 91.401.
    Project/Activity: Any HUD Community Planning and Development 
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4611) seeking to expedite action in 
response to Hurricane Ida, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k); 24 CFR 91.115(c)(2), and (i); and 24 CFR 91.401 require a 
30-day public comment period prior to the implementation of a 
substantial amendment.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: Hurricane Ida caused substantial damage to 
communities in Louisiana. As a result of substantial property loss 
and destruction, many individuals and families residing in the 
declared-disaster areas were displaced from their homes, including 
beneficiaries of various CPD programs, and families eligible to 
receive CPD program assistance. Some individuals and families 
continued to live in homes with habitability deficits, particularly 
related to potable water and electricity. A presidential disaster 
declaration was issued on August 29, 2021, (FEMA-DR-4611) for 
Hurricane Ida. In reducing the comment period to seven days, this 
waiver balances the need to quickly assist families dealing with the 
after-effects of Hurricane Ida while continuing to provide 
reasonable notice and opportunity for citizens to comment on the 
proposed uses of CDBG, HOME, HTF, HOPWA, and ESG funds.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 91.105(c)(2), and (k); 24 CFR 
91.115(c)(2), and (i); and 24 CFR 91.401.
    Project/Activity: Any HUD Community Planning and Development 
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to 
expedite action in response to the remnants of Hurricane Ida, upon 
notification to the Community Planning and Development Director in 
its respective HUD Field Office.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k); 24 CFR 91.115(c)(2), and (i); and 24 CFR 91.401 require a 
30-day public comment period prior to the implementation of a 
substantial amendment.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: The remnants of Hurricane Ida caused substantial 
damage to communities in New York and New Jersey. As a result of 
substantial property loss and destruction, many individuals and 
families residing in the declared-disaster areas were displaced from 
their homes, including beneficiaries of various CPD programs, and 
families eligible to receive CPD program assistance. Some 
individuals and families continued to live in homes with 
habitability deficits, particularly related to potable water and 
electricity. A presidential disaster declaration was issued on 
September 5, 2021, (FEMA-DR-4614 and FEMA-DR-4615) for the remnants 
of Hurricane Ida. In reducing the comment period to seven days, this 
waiver balances the need to quickly assist families dealing with the 
after-effects of Hurricane Ida while continuing to provide 
reasonable notice and opportunity for citizens to comment on the 
proposed uses of CDBG, HOME, HTF, HOPWA, and ESG funds.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 91.105(c)(2), and (k) and 24 CFR 
91.115(c)(2), and (i).
    Project/Activity: Any HUD Community Planning and Development 
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4611) seeking to expedite action in 
response to Hurricane Ida, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office.

[[Page 14556]]

    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 91.115(c)(2) and (i) require grantees to provide 
reasonable notice and opportunity to comment, in accordance with a 
grantee's citizen participation plan, for substantial amendments to 
the consolidated plan. The citizen participation plan must state how 
reasonable notice and opportunity to comment will be given.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: HUD recognizes that the destruction wrought by 
Hurricane Ida makes it difficult for impacted jurisdictions in 
Louisiana to provide notice to their citizens in accordance with 
their citizen participation plans. HUD's waiver will allow these 
grantees to determine what constitutes reasonable notice and 
opportunity to comment on substantial amendments through the end of 
their 2021 program year.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 91.105(c)(2), and (k) and 24 CFR 
91.115(c)(2), and (i).
    Project/Activity: Any HUD Community Planning and Development 
(CPD) grantee located in the counties included in the declared-
disaster area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to 
expedite action in response to the remnants of Hurricane Ida, upon 
notification to the Community Planning and Development Director in 
its respective HUD Field Office.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 91.115(c)(2) and (i) require grantees to provide 
reasonable notice and opportunity to comment, in accordance with a 
grantee's citizen participation plan, for substantial amendments to 
the consolidated plan. The citizen participation plan must state how 
reasonable notice and opportunity to comment will be given.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: HUD recognizes that the destruction wrought by 
the remnants of Hurricane Ida make it difficult for impacted 
jurisdictions in New York and New Jersey to provide notice to their 
citizens in accordance with their citizen participation plans. HUD's 
waiver will allow these grantees to determine what constitutes 
reasonable notice and opportunity to comment on substantial 
amendments through the end of their 2021 program year.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 92.203(a)(1) and (2).
    Project/Activity: Families displaced by the disaster (as 
documented by FEMA registration) whose income documentation was 
destroyed or made inaccessible by Hurricane Ida.
    Nature of Requirement: These sections of the HOME regulation 
require initial income determinations for HOME beneficiaries by 
examining source documents covering the most recent two months. Many 
families whose housing was destroyed or damaged by Hurricane Ida 
will not have any documentation of income and will not be able to 
qualify for HOME assistance if the requirement remains effective.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA, September 9, 2021, for 
NY/NJ.
    Reason Waived: This waiver permits the participating 
jurisdiction to use self-certification of income, as provided in 
Sec.  92.203(a)(1)(ii), in lieu of source documentation to determine 
eligibility for HOME assistance of persons displaced by Hurricane 
Ida.
    Applicability: This waiver applies only to families displaced by 
the disaster (as documented by FEMA registration) whose income 
documentation was destroyed or made inaccessible by Hurricane Ida 
and remains in effect for six months from the date of this 
memorandum. The participating jurisdiction or, as appropriate, HOME 
project owner, is required to maintain: (1) A record of FEMA 
registration to demonstrate that a family was displaced by Hurricane 
Ida; and (2) a statement signed by appropriate family members 
certifying to the family's size and annual income and that the 
family's income documentation was destroyed or is inaccessible.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.205(e)(2) and 24 CFR 92.64(a) 
(Insular Areas).
    Project/Activity: Four-Year Project Completion Deadline.
    Nature of Requirement: The provision requires that projects 
assisted with HOME funds be completed within 4 years of the date 
that HOME funds were committed. If the project is not complete, in 
accordance with the definition of ``project completion'' at 24 CFR 
92.2, by the deadline, the project is involuntarily terminated in 
HUD's Integrated Data Information System (IDIS), and the PJ must 
repay all funds invested in the project. The regulations permit a PJ 
to request an extension of the deadline for up to one year. 24 CFR 
92.64(a) applies these requirements to Insular Areas.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 27, 2021.
    Reason Waived: This waiver is necessary to provide additional 
time to permit completion of HOME-assisted projects that may be 
delayed because of the impact of COVID-19 on project timelines. 
These delays may occur because of worker illnesses or efforts to 
reduce the spread of COVID-19, such as smaller construction crews or 
delays in local permitting or inspections due to government office 
closures.
    Applicability: This waiver applies to projects with 4-year 
project completion deadlines that occurred or will occur on after 
April 10, 2020, including projects with deadlines that were extended 
for one-year pursuant to an approved request under 24 CFR 
92.205(e)(2) if such extension was in effect on or after April 10, 
2020. The completion deadlines for covered projects will be extended 
to March 31, 2022.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.218 and 92.222(b).
    Project/Activity: Any participating jurisdiction located in the 
areas included in the declared-disaster area (see FEMA-DR-4611-LA or 
FEMA-DR-4614-NJ and DR-4615-NY) which were damaged by Hurricane Ida.
    Nature of Requirement: This provision requires all HOME 
participating jurisdictions to contribute throughout the fiscal year 
to housing that qualifies as affordable housing under the HOME 
program. The contributions must total no less than 25 percent of the 
HOME funds drawn from the participating jurisdiction's HOME 
Investment Trust Fund Treasury account. Reducing the match 
requirement for the participating jurisdiction by 100 percent for FY 
2022 and FY 2023 will eliminate the need for the participating 
jurisdiction to identify match for HOME projects related to the 
damage caused by Hurricane Ida. The requirement that the 
participating jurisdiction must submit a copy of the Presidential 
major disaster-declaration is waived.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA, September 9, 2021, for 
NY/NJ.
    Reason Waived: Given the urgent housing needs created by 
Hurricane Ida and the substantial financial impact the participating 
jurisdiction will face in addressing those needs, the approval of a 
match reduction will relieve the participating jurisdiction from the 
need to identify and provide matching contributions to HOME 
projects.
    Applicability: This match reduction applies to funds expended by 
a participating jurisdiction located in the declared-disaster area 
from October 1, 2020, through September 30, 2023. The suspension 
also applies to State-funded HOME projects located in declared-
disaster areas.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.218 and 92.222(b).
    Project/Activity: Matching Contribution.
    Nature of Requirement: The regulations require all HOME PJs to 
contribute

[[Page 14557]]

throughout the fiscal year to housing that qualifies as affordable 
housing under the HOME program. The contributions must total no less 
than 25 percent of the HOME funds drawn from the PJ's HOME 
Investment Trust Fund Treasury account.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 27, 2021.
    Reason Waived: The COVID-19 pandemic has drastically reduced 
economic activity, reducing state and local tax revenues, and 
placing financial strain on PJs as they deliver urgently needed 
public health, emergency housing, education, and community and 
social services. Reducing the matching requirement for PJs in areas 
covered by a major disaster declaration by 100 percent for FY 2020, 
2021 and FY 2022 will ease the economic burden on PJs and eliminate 
the need for them to identify other sources of match for HOME 
activities. Given the urgent housing and economic needs created by 
COVID-19, and the substantial financial impact the PJ will face in 
addressing those needs, waiver of these regulations will relieve the 
PJ from the need to identify and provide matching contributions to 
HOME projects.
    Applicability: This match reduction waiver is in effect from 
October 19, 2019, until September 30, 2022, and applies to funds 
expended by a PJ for FY 2020, FY 2021, and FY 2022.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.251.
    Project/Activity: Any housing units located in the areas 
included in the declared-disaster area (see FEMA-DR-4611-LA or FEMA-
DR-4614-NJ and DR-4615-NY) which were damaged by Hurricane Ida and 
to which HOME funds are committed within two years of the date of 
the memorandum.
    Nature of Requirement: This provision requires that housing 
assisted with HOME funds meet property standards based on the 
activity undertaken, i.e., homebuyer assistance, and state and local 
standards and codes or model codes for rehabilitation and new 
construction. Property standard requirements are waived for repair 
of properties damaged by Hurricane Ida. Units must meet State and 
local health and safety codes. The lead housing safety regulations 
established in 24 CFR part 35 are not waived.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA, September 9, 2021, for 
NY/NJ.
    Reason Waived: This waiver is required to enable the 
participating jurisdiction to meet the critical housing needs of 
families whose housing was damaged and families who were displaced 
by Hurricane Ida.
    Applicability: This waiver applies only to housing units located 
in the declared-disaster areas which were damaged by the disaster 
and to which HOME funds are committed within two years of the date 
of this memorandum.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The State of California and Alameda County 
requested a waiver of 24 CFR 92.252(d)(1) to allow use of the 
utility allowance established by the local public housing agency 
(PHA) for two HOME-assisted projects--Mission Court Nine and 
Manzanita Family Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects for 
which HOME funds were committed on or after August 23, 2013.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: July 23, 2021.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project. This waiver will make quality affordable housing available 
to Project-Based Voucher (PBV) program participants by permitting 
the use of HOME funds in PBV-assisted projects.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.504(d)(1)(ii) and 24 CFR 92.64(a) 
(Insular Areas).
    Project/Activity: Ongoing Periodic Inspections of HOME-assisted 
Rental Housing.
    Nature of Requirement: These provisions require that during the 
period of affordability PJs perform on-site inspections of HOME-
assisted rental housing to determine compliance with the property 
standards at 24 CFR 92.251 and to verify the information submitted 
by the owners in accordance with the income and rent requirements of 
section 92.252. Onsite inspections must occur at least once every 
three years during the period of affordability. 24 CFR 92.64(a) 
applies these requirements to Insular Areas.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 27, 2021.
    Reason Waived: Waiving the requirement to perform ongoing on-
site inspections will help protect PJ staff and limit the spread of 
COVID-19. To protect PJ staff and reduce the spread of COVID-19, 
this waiver extends the timeframe for PJs to perform on-going 
periodic inspections and on-site reviews to determine a HOME rental 
project's compliance with property standards and rent and income 
requirements.
    Applicability: The waiver is applicable to ongoing periodic 
inspections. Within 180 days of the end of this waiver period, PJs 
must physically inspect units that would have been subject to 
ongoing inspections since the waiver period began on April 10, 2020. 
The waiver is also applicable to on-site reviews to determine a HOME 
rental project's compliance with rent and income requirements if the 
project owner is unable to make documentation available 
electronically. The waiver is in effect through December 31, 2021.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 92.504(d)(1)(iii); 24 CFR 92.209(i) 
requirement for annual re-inspections and 24 CFR 92.64(a) (Insular 
Areas).
    Project/Activity: Housing Quality Standards--Annual Inspections 
of TBRA Units.
    Nature of Requirement: These provisions require PJs to annually 
inspect each unit occupied by a recipient of HOME TBRA. 24 CFR 
92.64(a) applies these requirements to Insular Areas.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 27, 2021.
    Reason Waived: Waiving the requirement that annual re-
inspections be performed according to schedule will protect the 
health of both inspectors and TBRA tenants by observing physical 
distancing recommendations to limit the spread of COVID-19.
    Applicability: The waiver is applicable to annual HQS re-
inspections required to occur from April 10, 2020, through December 
31, 2021, and for units that were not initially inspected because of 
the PJ's use of a previous waiver under HUD's April 2020 Memo and/or 
the December 2020 Memo which provided waivers in response to the 
COVID-19 pandemic. PJs must make reasonable efforts to address any 
tenant reported health and safety issues during the waiver period. 
HUD encourages PJs to conduct ongoing inspections during the waiver 
period to the greatest extent feasible and consistent with employee 
and tenant safety. After December 31, 2021, all housing occupied by 
households receiving HOME TBRA must meet the housing quality 
standards (HQS) at 24 CFR 982.401. Within 180 days of the end of 
this waiver period, PJs must physically inspect units that would 
have been subject to inspections since the waiver period began on 
April 10, 2020. This waiver does not apply to the lead hazard 
reduction requirements at 24 CFR 35.1215. Consequently, units built 
before 1978 must undergo visual evaluation and paint repair in 
accordance with 24 CFR part 35, subpart M. PJs using this waiver 
authority must establish

[[Page 14558]]

procedures to minimize the risk that tenants are in housing that 
does not meet HQS.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
     Regulation: 24 CFR 92.551(b)(1) and 24 CFR 92.64(a).
    Project/Activity: Timeframe for a HOME participating 
jurisdiction's response to findings of noncompliance.
    Nature of Requirement: The regulations require that if HUD 
determines that a participating jurisdiction has not met a provision 
of the HOME regulations, the participating jurisdiction must be 
notified and given an opportunity to respond within a time period 
prescribed by HUD, not to exceed 30 days.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 27, 2021.
    Reason Waived: The waiver is necessary to permit HUD to provide 
participating jurisdictions with an extended period to respond to 
findings of noncompliance in recognition of the unanticipated 
circumstances created by the COVID-19 pandemic. Requiring 
participating jurisdictions to respond to all findings of 
noncompliance within 30 days may interfere with a participating 
jurisdiction's ability to address the unprecedented housing needs 
caused by the COVID-19 pandemic.
    Applicability: The waiver applies to all findings of HOME 
regulatory noncompliance issued from April 10, 2020, through March 
31, 2022. In the notice of findings, HUD will specify a time period 
for the participating jurisdiction's response. HUD may also extend 
time periods imposed before April 10, 2020. The waiver is available 
to all HOME participating jurisdictions.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
     Regulation: 24 CFR 93.151(c).
    Project/Activity: Families displaced by the disaster (as 
documented by FEMA registration) whose income documentation was 
destroyed or made inaccessible by Hurricane Ida.
    Nature of Requirement: This section of the HTF regulation 
requires initial income determinations for HTF beneficiaries by 
examining source documents covering the most recent two months. Many 
families whose homes were destroyed or damaged by Hurricane Ida will 
not have any documentation of income and will not be able to qualify 
for HTF assistance if the requirement remains effective.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA, September 9, 2021, for 
NY/NJ.
    Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), in 
lieu of source documentation to determine initial eligibility of 
persons displaced by Hurricane Ida for HTF assistance.
    Applicability: This waiver applies only to families displaced by 
the disaster (as documented by FEMA registration) whose income 
documentation was destroyed or made inaccessible by Hurricane Ida 
and remains in effect for six months from the date of this 
memorandum. The grantee or, as appropriate, HTF project owner, is 
required to maintain: (1) A record of FEMA registration to 
demonstrate that a family was displaced by Hurricane Ida; and (2) a 
statement signed by appropriate family members certifying to the 
family's size and annual income and that the family's income 
documentation was destroyed or is inaccessible.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone 
(202) 708-2684.
     Regulation: 24 CFR 570.201(e)(1) or (2) and Section 
105(a)(8) of the Housing and Community Development Act of 1974, as 
amended (the Act).
    Project/Activity: Any CDBG Entitlement grantee or State CDBG 
Program unit of general local government assisting persons and 
families who have registered with FEMA in connection with Hurricane 
Ida upon notification by the grantee to the Community Planning and 
Development Director in its respective HUD Field Office.
    Nature of Requirement: The regulations at 24 CFR 570.201(e) 
limit the amount of CDBG funds used for public services to no more 
than 15 percent of the grantee's most recent CDBG grant plus 15 
percent of program income received. Section 105(a)(8) sets forth the 
limitation of no more than 15 percent of each grant to be used for 
public services.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: Several CDBG grantees, located within the 
declared-disaster areas, were affected by Hurricane Ida. The waiver 
granted will allow these grantees to expedite recovery efforts for 
low and moderate income residents affected by this event; pay for 
additional support services for affected individuals and families, 
including, but not limited to, food, health, employment, and case 
management services to help persons and families impacted by the 
property loss and destruction caused by the hurricane and flooding; 
and enable grantees to pay for the basic daily needs of individuals 
and families affected by Hurricane Ida on an interim basis.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 570.201(e)(1) or (2) and Section 
105(a)(8) of the Housing and Community Development Act of 1974, as 
amended (the Act).
    Project/Activity: Any CDBG Entitlement grantee or State CDBG 
Program unit of general local government assisting persons and 
families who have registered with FEMA in connection with the 
remnants of Hurricane Ida upon notification by the grantee to the 
Community Planning and Development Director in its respective HUD 
Field Office.
    Nature of Requirement: The regulations at 24 CFR 570.201(e) 
limit the amount of CDBG funds used for public services to no more 
than 15 percent of the grantee's most recent CDBG grant plus 15 
percent of program income received. Section 105(a)(8) sets forth the 
limitation of no more than 15 percent of each grant to be used for 
public services.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: Several CDBG grantees, located within the 
declared-disaster areas, were affected by the remnants of Hurricane 
Ida. The waiver granted will allow these grantees to expedite 
recovery efforts for low and moderate income residents affected by 
this event; pay for additional support services for affected 
individuals and families, including, but not limited to, food, 
health, employment, and case management services to help persons and 
families impacted by the property loss and destruction caused by the 
storm and flooding; and enable grantees to pay for the basic daily 
needs of individuals and families affected by the remnants of 
Hurricane Ida on an interim basis.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 570.207(b)(3) and Section 105(a) of 
the Housing and Community Development Act of 1974, as amended (the 
Act).
    Project/Activity: Any CDBG Entitlement or State CDBG Program 
grantee located in the counties included in the declared-disaster 
area (see FEMA-DR-4611) seeking to expedite action in response to 
Hurricane Ida, upon notification to the Community Planning and 
Development Director in its respective HUD Field Office.
    Nature of Requirement: The regulations at 24 CFR 570.207(b)(3) 
prohibit the use of CDBG funds for the construction of new, 
permanent residential structures. New housing construction is not 
generally an eligible activity under Section 105 of HCDA. It may be 
undertaken indirectly through CDBG assistance provided to Community 
Based Development Organizations or other nonprofit entities 
specified in Section 105(a)(15) of the HCDA.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: HUD recognizes that Hurricane Ida caused damage 
and destruction to a large number of housing units within the 
declared-disaster areas. Allowing new housing construction will

[[Page 14559]]

enable CDBG grantees to replace affordable housing units that were 
lost as a result of the hurricane and flooding. To expedite the 
rebuilding process, HUD suspends Section 105(a) of HCDA and waives 
24 CFR 570.207(b)(3) through the end of a grantee's 2022 program 
year to permit grantees to directly use CDBG funds for new housing 
construction activities to address damage from the hurricane. In 
addition to the flexibility provided by the suspension of the 
statute, grantees are encouraged to take advantage of the 
reconstruction provisions at Section 105(a)(4) of HCDA.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 570.207(b)(4) (Entitlements).
    Project/Activity: All Community Development Block Grant (CDBG) 
grantees located within and outside declared disaster areas 
assisting persons and families who have registered with FEMA in 
connection with Hurricane Ida.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) 
to permit emergency grant payments for items such as food, clothing, 
housing (rent or mortgage), or utilities for up to six consecutive 
months. While this waiver allows emergency grant payments to be made 
for up to six consecutive months, the payments must still be made to 
service providers as opposed to the affected individuals or 
families. Many individuals and families have been forced to abandon 
their homes due to the flooding and other damage associated with 
Hurricane Ida. The waiver will allow CDBG grantees, including 
grantees providing assistance to evacuees outside the declared-
disaster areas, to pay for the basic daily needs of individuals and 
families affected by the hurricane on an interim basis. This 
authority is in effect through the end of the grantee's 2022 program 
year. This waiver aligns with waivers currently in effect for CDBG 
coronavirus (CDBG-CV) grants. The six-month periods allowed by 
waiver for CDBG and CDBG-CV shall not be used consecutively for the 
same beneficiary.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 570.207(b)(3) and Section 105(a) of 
the Housing and Community Development Act of 1974, as amended (the 
Act).
    Project/Activity: Any CDBG Entitlement or State CDBG Program 
grantee located in the counties included in the declared-disaster 
area (see FEMA-DR-4614 and FEMA-DR-4615) seeking to expedite action 
in response to the remnants of Hurricane Ida, upon notification to 
the Community Planning and Development Director in its respective 
HUD Field Office.
    Nature of Requirement: The regulations at 24 CFR 570.207(b)(3) 
prohibit the use of CDBG funds for the construction of new, 
permanent residential structures. New housing construction is not 
generally an eligible activity under Section 105 of HCDA. It may be 
undertaken indirectly through CDBG assistance provided to Community 
Based Development Organizations or other nonprofit entities 
specified in Section 105(a)(15) of the HCDA.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: HUD recognizes that the remnants of Hurricane Ida 
caused damage and destruction to a large number of housing units 
within the declared-disaster areas. Allowing new housing 
construction will enable CDBG grantees to replace affordable housing 
units that were lost as a result of the hurricane remnants and 
flooding. To expedite the rebuilding process, HUD suspends Section 
105(a) of HCDA and waives 24 CFR 570.207(b)(3) through the end of a 
grantee's 2022 program year to permit grantees to directly use CDBG 
funds for new housing construction activities to address damage from 
the remnants of the hurricane. In addition to the flexibility 
provided by the suspension of the statute, grantees are encouraged 
to take advantage of the reconstruction provisions at Section 
105(a)(4) of HCDA.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 570.207(b)(4) (Entitlements).
    Project/Activity: All Community Development Block Grant (CDBG) 
grantees located within and outside declared disaster areas 
assisting persons and families who have registered with FEMA in 
connection with the remnants of Hurricane Ida.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) 
to permit emergency grant payments for items such as food, clothing, 
housing (rent or mortgage), or utilities for up to six consecutive 
months. While this waiver allows emergency grant payments to be made 
for up to six consecutive months, the payments must still be made to 
service providers as opposed to the affected individuals or 
families. Many individuals and families have been forced to abandon 
their homes due to the flooding and other damage associated with the 
remnants of Hurricane Ida. The waiver will allow CDBG grantees, 
including grantees providing assistance to evacuees outside the 
declared-disaster areas, to pay for the basic daily needs of 
individuals and families affected by the remnants of the hurricane 
on an interim basis. This authority is in effect through the end of 
the grantee's 2022 program year. This waiver aligns with waivers 
currently in effect for CDBG coronavirus (CDBG-CV) grants. The six-
month periods allowed by waiver for CDBG and CDBG-CV shall not be 
used consecutively for the same beneficiary.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-5716.
     Regulation: 24 CFR 574.310(b)(2).
    Nature of Requirement: Section 574.310(b)(2) of the HOPWA 
regulations provides minimum housing quality standards that apply to 
all housing for which HOPWA funds are used for acquisition, 
rehabilitation, conversion, lease, or repair; new construction of 
single room occupancy dwellings and community residences; project or 
tenant-based rental assistance; or operating costs under 24 CFR 
574.300(b)(3), (4), (5), or (8).
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: This waiver is required to enable grantees and 
project sponsors in areas covered by major disaster declaration DR-
4611-LA to expeditiously meet the critical housing needs of the many 
eligible families in the declared disaster areas.
    Applicability: The property standard requirements in 24 CFR 
574.310(b)(2) are waived for units in areas covered under major 
disaster declaration DR-4611-LA that are or will be occupied by 
HOPWA eligible households, provided that the units are free of life-
threatening conditions as defined in Notice PIH 2017-20 (HA). 
Grantees must ensure that these units meet HOPWA HQS within 60 days 
of September 3, 2021.
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington,

[[Page 14560]]

DC 20410, telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 574.310(b)(2).
    Project/Activity: Property Standards for HOPWA.
    Nature of Requirement: Section 574.310(b)(2) of the HOPWA 
regulations provides minimum housing quality standards that apply to 
all housing for which HOPWA funds are used for acquisition, 
rehabilitation, conversion, lease, or repair; new construction of 
single room occupancy dwellings and community residences; project or 
tenant-based rental assistance; or operating costs under 24 CFR 
574.300(b)(3), (4), (5), or (8).
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: This waiver is required to enable grantees and 
project sponsors in areas covered by major disaster declarations DR-
4614-NJ and DR-4615-NY to expeditiously meet the critical housing 
needs of the many eligible families in the declared disaster areas.
    Applicability: The property standard requirements in 24 CFR 
574.310(b)(2) are waived for units in areas covered under major 
disaster declarations DR-4614-NJ and DR-4615-NY that are or will be 
occupied by HOPWA eligible households, provided that the units are 
free of life-threatening conditions as defined in Notice PIH 2017-20 
(HA). Grantees must ensure that these units meet HOPWA HQS within 60 
days of September 9, 2021.
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, 
telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 574.320(a)(2).
    Project/Activity: Rent Standard for HOPWA Rental Assistance.
    Nature of Requirement: Grantees must establish rent standards 
for their rental assistance programs based on FMR (Fair Market Rent) 
or the HUD-approved community-wide exception rent for unit size.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: This waiver is required to enable HOPWA grantees 
to expedite efforts to meet the critical housing needs of low-income 
people living with HIV and their families in the areas covered under 
major disaster declaration DR-4611-LA. Waiving the rent standard 
requirement, while still requiring that the unit be rent reasonable 
in accordance with Sec.  574.320(a)(3), will make more units 
available to HOPWA eligible individuals and families in need of 
permanent housing in the declared-disaster areas.
    Applicability: The rent standard requirement is waived for any 
rent amount that takes effect during the two-year period beginning 
on September 3, 2021, for any individual or family who is renting or 
executes a lease for a unit in the areas covered under major 
disaster declaration DR-4611-LA. Grantees and project sponsors must 
still ensure the reasonableness of rent charged for units in the 
declared-disaster areas in accordance with Sec.  574.320(a)(3).
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, 
telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 574.320(a)(2).
    Project/Activity: Rent Standard for HOPWA Rental Assistance.
    Nature of Requirement: Grantees must establish rent standards 
for their rental assistance programs based on FMR (Fair Market Rent) 
or the HUD-approved community-wide exception rent for unit size.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: This waiver is required to enable HOPWA grantees 
to expedite efforts to meet the critical housing needs of low-income 
people living with HIV and their families in the areas covered under 
major disaster declarations DR-4614-NJ and DR-4615-NY. Waiving the 
rent standard requirement, while still requiring that the unit be 
rent reasonable in accordance with Sec.  574.320(a)(3), will make 
more units available to HOPWA eligible individuals and families in 
need of permanent housing in the declared-disaster areas.
    Applicability: The rent standard requirement is waived for any 
rent amount that takes effect during the two-year period beginning 
on September 9, 2021, for any individual or family who is renting or 
executes a lease for a unit in the areas covered under major 
disaster declarations DR-4614-NJ and DR-4615-NY. Grantees and 
project sponsors must still ensure the reasonableness of rent 
charged for units in the declared-disaster areas in accordance with 
Sec.  574.320(a)(3).
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, 
telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 574.530.
    Project/Activity: HOPWA Source Documentation for Income and HIV 
Status Determinations.
    Nature of Requirement: Each grantee must maintain records to 
document compliance with HOPWA requirements, which includes 
determining the eligibility of a family to receive HOPWA assistance.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the areas covered 
under major disaster declaration DR-4611-LA, to rely upon a family 
member's self-certification of income and credible information on 
their HIV status (such as knowledge of their HIV-related medical 
care) in lieu of source documentation to determine eligibility for 
HOPWA assistance for individuals and families displaced by the 
disaster. Many individuals and families displaced by the disaster 
whose homes have been destroyed or damaged will not have immediate 
access to documentation of income or medical records and, without 
this waiver, will be unable to document their eligibility for HOPWA 
assistance.
    Applicability: This waiver is available to HOPWA grantees, 
located within and outside of the areas covered under major disaster 
declaration DR-4611-LA, to assist displaced persons and families who 
have registered with FEMA in connection with Hurricane Ida. Grantees 
must require written certification of HIV status and income of such 
individuals and families seeking assistance and obtain source 
documentation of HIV status and income eligibility within six months 
of September 3, 2021.
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, 
telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 574.530.
    Project/Activity: HOPWA Source Documentation for Income and HIV 
Status Determinations.
    Nature of Requirement: Each grantee must maintain records to 
document compliance with HOPWA requirements, which includes 
determining the eligibility of a family to receive HOPWA assistance.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the areas covered 
under major disaster declarations DR-4614-NJ and DR-4615-NY, to rely 
upon a family member's self-certification of income and credible 
information on their HIV status (such as knowledge of their HIV-
related medical care) in lieu of source documentation to determine 
eligibility for HOPWA assistance for individuals and families 
displaced by the disaster. Many individuals and families displaced 
by the disaster whose homes have been destroyed or damaged will not 
have immediate access to documentation of income or medical records 
and, without this waiver, will be unable to document their 
eligibility for HOPWA assistance.
    Applicability: This waiver is available to HOPWA grantees, 
located within and outside of the areas covered under major disaster 
declarations DR-4614-NJ and DR-4615-NY, to assist displaced persons 
and families who have registered with FEMA in connection with 
Hurricane Ida. Grantees must require written certification of HIV 
status and income of such individuals and families seeking 
assistance and obtain source documentation of HIV status and income 
eligibility within six months of September 9, 2021.
    Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of 
Community

[[Page 14561]]

Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, 
telephone (202) 402-5916. [email protected].
     Regulation: 24 CFR 576.106(a), 576.105(a)(5), and 
576.105(b)(2).
    Project/Activity: The 24-month limits on rental assistance and 
housing relocation and stabilization services are waived for 
individuals and families who meet both of the following criteria:
    1. The individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of Hurricane 
Ida; and
    2. The individual or family is currently receiving rental 
assistance or housing relocation stabilization services or begins 
receiving rental assistance or housing relocation stabilization 
services within two years after the date of this memorandum.
    For these individuals and families, ESG funds may be used to 
provide up to thirty-six consecutive months of rental assistance, 
utility payments, and housing stability case management, in addition 
to the 30 days of housing stability case management that may be 
provided before the move into permanent housing under 24 CFR 
576.105(b)(2). HUD will also consider further waiver requests to 
allow assistance to be provided for longer than three years, if the 
recipient demonstrates good cause.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any three-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any three-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: Waiving the 24-month caps on rental assistance, 
utility payments, and housing stability case management assistance 
will assist individuals and families, both those already receiving 
assistance and those who will receive assistance subsequent to the 
date of this memorandum, to maintain stable permanent housing in 
place or in another area and help them return to their hometowns, as 
desired, when additional permanent housing is available.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The FMR restriction is waived for any rent 
amount that takes effect during the two-year period beginning on the 
date that the waiver appeared in the Federal Register for any 
individual or family who is renting or executes a lease for a unit 
in a declared-disaster area. However, the affected recipients and 
their subrecipients must still ensure that the unit in which ESG 
assistance is provided to these individuals and families meet the 
rent reasonableness standard. HUD will consider requests to waive 
the FMR restriction for rent amounts that take effect after the two-
year period, if a recipient demonstrates good cause.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: This waiver is required to enable ESG recipients 
to meet the critical housing needs of individuals and families whose 
housing was damaged or who were displaced due to the severe winter 
weather. Waiving the FMR restriction will make more units available 
to individuals and families in need of permanent housing.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 576.403(c).
    Project/Activity: The ESG housing standards at 24 CFR 576.403(c) 
are waived for units in the declared disaster area that are or will 
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that:
    1. Each unit must still meet applicable state and local 
standards;
    2. Each unit must be free of life-threatening conditions as 
defined in Notice PIH 2017-20 (HA); and
    3. Recipients assure all units in which program participants are 
assisted meet the ESG housing standards within 60 days of the date 
of this memorandum.
    Nature of Requirement: If ESG funds are used to help a program 
participant remain in or move into housing, the housing must meet 
the minimum habitability standards provided in 24 CFR 576.403(c).
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical housing needs of many eligible 
individuals and families in the declared disaster area.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 576.403(b).
    Project/Activity: The shelter standard standards at 24 CFR 
576.403(b) are waived for shelters in the declared disaster area 
that are or will be occupied by individuals and families eligible 
for ESG emergency shelter assistance, provided that:
    1. Each shelter must meet applicable state and local standards;
    2. Each shelter must be free of life-threatening conditions 
defined in Notice PIH 2017-20 (HA); and
    3. Recipients must ensure that these shelters meet ESG shelter 
standards within 60 days of the date of this memorandum.
    Nature of Requirement: If ESG funds are used for shelter 
operations costs, the shelter must meet the minimum safety, 
sanitation and privacy standards under 24 CFR 576.403(b). If ESG 
funds are used to convert a building into a shelter, rehabilitation 
a shelter, or otherwise renovate a shelter, the shelter must meet 
the minimum safety, sanitation, and privacy standards in 24 CFR 
576.403(b) as well as applicable state or local government safety 
and sanitation standards.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021 for LA--September 9, 2021 for 
NY/NJ.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical emergency shelter needs of many 
eligible individuals and families in the declared disaster area.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 576.203(b).
    Project/Activity: The expenditure deadline is waived for rapid 
re-housing and homelessness prevention costs, along with reasonable 
related HMIS and administrative costs. Unless otherwise waived for 
an individual recipient, any draw made after 24 months from the date 
HUD signs the grant agreement must be for rapid re-housing or 
homelessness prevention assistance or for costs related to HMIS data 
entry related to these activities and administrative costs related 
to carrying out these activities.
    Nature of Requirement: A recipient must expend grant funds 
within 24 months after the date HUD signs the grant agreement with 
the recipient. Expenditure means an actual cash disbursement for a 
direct charge for a good or service or an indirect cost accrual of a 
direct charge for a good or service or an indirect cost.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: Extending the expenditure deadline for rapid re-
housing and homelessness prevention assistance, along with 
reasonable related HMIS and administrative costs will allow 
recipients to provide more than 24 months of rapid re-housing and 
homelessness prevention

[[Page 14562]]

assistance from a single ESG grant as permitted by the waivers of 
24-month limits on rental assistance and housing relocation and 
stabilization services and the FMR restriction granted on September 
3, 2021, for LA and September 9, 2021, for NY/NJ.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR 
578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i).
    Project/Activity: For two years from the date of the waiver, the 
24-month limit on rental assistance is waived for individuals and 
families who meet the following criteria:
    1. The individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of Hurricane 
Ida; and
    2. The individual or family is currently receiving rental 
assistance or begins receiving rental assistance within two years 
after the date of this memorandum.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term 
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and 
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to 
medium-term rental assistance, or no more than 24 months.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
Hurricane Ida and the flooding, including those already receiving 
rental assistance as well as those who will receive rental 
assistance within 2 years of the date of this memorandum, to 
maintain stable permanent housing in another area and help them 
return to their hometowns, as desired, when additional permanent 
housing becomes available. It will also provide additional time to 
stabilize individuals and families in permanent housing where 
vacancy rates are extraordinarily low due to the hurricane and 
flooding. Experience with prior disasters has shown us some program 
participants need additional months of rental assistance to identify 
and stabilize in housing of their choice, which can mean moving 
elsewhere until they are able to return to their hometowns.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.3, definition of permanent 
housing, 24 CFR 578.51(l)(1).
    Project/Activity: The one-year lease requirement is waived for 
two years beginning on the date of the waiver, so long as the 
initial lease term of all leases is for one month or more, and the 
leases are renewable for terms that are a minimum of one month long 
and the leases are terminable only for cause.
    Nature of Requirement: The CoC Program regulations at 24 CFR 
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1) 
require program participants residing in permanent housing to be the 
tenant on a lease for a term of one year that is renewable and 
terminable for cause.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: Waiving the one-year lease requirement will allow 
program participants receiving PSH or RRH assistance under the CoC 
Program to enter into leases that have an initial term of less than 
one year, so long as the leases have an initial term of one month or 
more. While some program participants desire to identify new 
housing, many program participants displaced during the disaster 
desire to return to their original permanent housing units when 
repairs are complete because of proximity to schools and access to 
public transportation and services. Additionally, it will permit new 
program participants to identify permanent housing units in a tight 
rental market where many landlords prefer lease terms of less than 
one year and might not be willing to alter their policies regarding 
the length of lease terms when considering permanent housing 
applicants. Therefore, HUD had determined that waiving the one-year 
lease requirement will improve the housing options available to 
program participants in permanent housing projects.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: The one-time limit on moving costs is waived 
for two years beginning on the date of the waiver.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.53(e)(2) limits recipients of supportive service funds to using 
those funds to pay for moving costs to provide reasonable moving 
assistance, including truck rental and hiring a moving company, to 
only one-time per program participant.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 3, 2021, for LA--September 9, 2021, for 
NY/NJ.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by Hurricane Ida 
as well as those who become homeless in the areas impacted by 
Hurricane Ida to stabilize in housing locations of their choice. 
Many current program participants received assistance moving into 
their assisted units prior to being displaced by Hurricane Ida and 
experience with prior disasters has shown us some program 
participants will need additional assistance moving to a new unit 
while others will need assistance moving back to their original 
units after repairs are completed. Further, until the housing market 
stabilizes, experience has shown many program participants will need 
to move more than once during their participation in a program to 
find a unit that best meets their needs.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction is waived for any lease 
executed by a recipient or subrecipient to provide transitional or 
permanent supportive housing during the 2-year period beginning on 
the date of this memorandum. The affected recipient or subrecipient 
must still ensure that rent paid for individual units that are 
leased with CoC Program leasing dollars meet the rent reasonableness 
standard in 24 CFR 578.49(b)(2).
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.49(b)(2) prohibits a recipient from using grant funds for 
leasing to pay above FMR when leasing individual units, even if the 
rent is reasonable when compared to other similar, unassisted units.
    Granted By: James Arthur Jemison II, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 9, 2021, for NY/NJ.
    Reason Waived: Waiving the limit on using grant using leasing 
funds to pay above FMR for individual units above FMR, but not 
greater than reasonable rent will provide recipients and 
subrecipients with more flexibility in identifying housing options 
for program participants in disaster-declared areas. The rental 
market in areas impacted by disasters are often more expensive after 
the disaster due to decreased housing stock and increased rents. 
These more expensive rents are not reflected in the HUD-determined 
FMRs.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 2 CFR 200, Subpart F, Appendix IV, 
Paragraph C.2.f.
    Project/Activity: Comprehensive Housing Counseling Grantees.
    Nature of Requirement: Provisional and final indirect cost rates 
must be negotiated where neither predetermined nor fixed rates

[[Page 14563]]

are appropriate. At the close of an organization's fiscal year, a 
final rate will be established and upward or downward adjustments 
will be made based on the actual allowable costs incurred for the 
period involved.
    Granted by: Lopa P. Kolluri, Principal Deputy Assistant 
Secretary for Housing, Federal Housing Commission.
    Date Granted: September 29, 2021.
    Reason Waived: A change in contract service providers led to 
significant backlog in processing negotiated indirect cost rate 
agreement (NICRA) proposals. For Housing Counseling Program grantees 
that are dependent on approval of a NICRA associated with housing 
counseling activities, the current backlog continues to delay final 
closeout activities for grants for previous Fiscal Years. Requiring 
grantees to finalize indirect cost rates for previous Fiscal Years 
where grant funds that have already been expended and where OHC has 
performed closeout activities using the provisional rate exacerbates 
the existing backlog in obtaining final rates for current and future 
grantees.
    Contact: Brian Siebenlist, Director, Office of Housing 
Counseling, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 9224, Washington, DC 20410, 
telephone (202) 402-5415.
     Regulation: 24 CFR 200.54(b).
    Project/Activity: Projects insured under National Housing Act 
Section 213 and Section 221(d)(4).
    Nature of Requirement: 24 CFR 200.54(b), requires that an 
agreement acceptable to the Commissioner shall require that funds 
provided by the mortgagor under requirements of this section must be 
disbursed in full for project work, material, and incidental charges 
and expenses before disbursement of any mortgage proceeds.
    Granted by: Lopa P. Kolluri, Principal Deputy Assistant 
Secretary for the Office of Housing--Federal Housing Administration.
    Date Granted: July 5, 2021.
    Reason Waived: The partial waiver will allow mortgage proceeds 
resulting from the initial issuance of a mortgage-backed security 
guaranteed by the Government National Mortgage Association to be 
disbursed immediately upon receipt but limited to no more than one 
half percent (0.5%) of the initially endorsed loan amount for 
projects insured under National Housing Act Section 213 and Section 
221(d)(4) only when the required Borrower equity exceeds the amount 
of the initial construction draw at closing.
    Contact: Zachary Skochko, Senior Production Specialist, 
Multifamily Housing, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 6140, Washington, DC 
20410, telephone (202) 402-7112, [email protected].
     Regulation: 24 CFR 242.49(a).
    Project/Activity: Regents of the University of New Mexico d/b/a 
University of New Mexico Hospital, Albuquerque, NM.
    Nature of Requirements: 24 CFR 242.49(a) states that, where HUD 
requires the mortgagor to make a deposit of cash or securities, such 
deposit shall be with the mortgagee or with a depository acceptable 
to the mortgage and HUD. Any such deposit shall be held in a 
separate account for and on behalf of the mortgagor and shall be the 
responsibility of that mortgagee or depository.
    Granted By: Lopa P. Kolluri, Principal Assistant Secretary for 
Housing Federal Housing Commissioner.
    Date Granted: August 26, 2021.
    Reason Waived: The Regents of the University of New Mexico is 
contributing a large equity contribution in conjunction with a Sec.  
241 supplemental HUD insured mortgage to complete the construction 
of a new Adult Acute Care Replacement Hospital. The regulatory 
waiver of 24 CFR 242.49(a) is necessary to allow the mortgagor to 
hold funds needed to complete the project.
    The Regents of the University of New Mexico is a component unit 
of New Mexico State Government and approvals for the transfer of 
equity funds to a lender sponsored account would be time intensive 
and could negatively impact the construction schedule. Efforts to 
meet the construction timeline are highly important due to the 
COVID-19 pandemic which has caused uncertainty in the supply chain 
for construction commodities. A delay in the construction schedule 
could materially impair the project cost and the ability for the 
mortgagor to complete this highly needed project for the benefit of 
healthcare delivery in its community. The mortgagor's excellent 
historical track record with HUD and performance in the 242 
portfolio further supports this waiver request.
    Contact: Paul Giaudrone, Underwriting Director, Office of 
Hospital Facilities, Office of Healthcare Programs, Office of 
Housing, Department of Housing and Urban Development, 409 3rd Street 
SW, Washington, DC 20024, telephone (202) 578-2027.
     Regulation: 24 CFR 3282.14(b), Alternative construction 
of manufactured homes, 1/16/84.
    Project/Activity: Regulatory Waiver for Industry-Wide 
Alternative Construction Letter for Window Standard.
    Nature of Requirement: 24 CFR 3282.14(b), Request for 
Alternative Construction, requires manufactured housing 
manufacturers to submit a request for Alternative Construction 
consideration for the use of construction designs or techniques that 
do not conform with HUD Standards, to receive permission from HUD to 
utilize such designs or techniques in the manufacturing process for 
manufactured homes.
    Granted by: Lopa P. Kolluri, Principal Deputy Assistant 
Secretary for Housing--Federal Housing Administration.
    Date Granted: August 5, 2021.
    Reason Waived: Due to ongoing materials shortages affecting the 
manufactured home industry, it was necessary to extend the 
Regulatory Waiver initially approved in April 2020 and renewed in 
December 2020, to allow an alternative window standard to be used 
for the construction of HUD Code-compliant manufactured homes. This 
regulatory waiver was granted to allow the Office of Manufactured 
Housing Programs to provide an industry-wide Alternative 
Construction approval letter that could be used by any manufacturer 
experiencing supply chain issues for windows. The regulatory waiver 
is good through June 30, 2022.
    Contact: Teresa B. Payne, Administrator, Office of Manufactured 
Housing Programs, Office of Housing, 451 Seventh Street SW, Room 
9168, Washington, DC 20410-0800, telephone (202) 402-5365, 
[email protected].
     Regulation: 24 CFR 3282.14(b), Alternative construction 
of manufactured homes, 1/16/84.
    Project/Activity: Regulatory Waiver for Industry-Wide 
Alternative Construction Letter for Electrical Circuit Breakers for 
Water Heater Installations.
    Nature of Requirement: 24 CFR 3282.14(b), Request for 
Alternative Construction, requires manufactured housing 
manufacturers to submit a request for Alternative Construction 
consideration for the use of construction designs or techniques that 
do not conform with HUD Standards, to receive permission from HUD to 
utilize such designs or techniques in the manufacturing process for 
manufactured homes.
    Granted by: Lopa P. Kolluri, Principal Deputy Assistant 
Secretary for Housing--Federal Housing Administration.
    Date Granted: August 5, 2021.
    Reason Waived: Many manufactured home manufacturers are 
currently facing shortages in the supply of 25-ampere (amp), double-
pole circuit breaks that are necessary for Rheem brand 4,500-watt, 
240-volt water heater installations to conform to HUD's circuit 
break sizing standards. Alternative circuit breaker options are 
available that provide performance equivalent or superior to that 
required by the Standards yet cannot be utilized without an 
Alternative Construction approval. To resolve this matter for the 
whole industry in an expedient manner while protecting the health 
and safety of consumers and maintaining durability of the homes, 
this regulatory waiver was granted to allow the Office of 
Manufactured Housing Programs to provide an industry-wide 
Alternative Construction approval letter that could be used by any 
manufacturer experiencing supply chain issues for 25-amp circuit 
breakers to use an alternative electrical circuit breaker size to be 
used for the construction of HUD Code-compliant manufactured homes 
through December 31, 2021.
    Contact: Teresa B. Payne, Administrator, Office of Manufactured 
Housing Programs, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410-
0800, telephone (202) 402-5365, [email protected].

III. HUD's Summary of CARES Act Notices Providing Waivers 6/30/21 to 9/
30/21

Office of Community Planning and Development (CPD)

    Authority: Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act).

[[Page 14564]]

     Notice CPD 21-08: Waivers and Alternative Requirements 
for the Emergency Solutions Grants (ESG) Program Under the CARES Act 
available at: https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-08cpdn.pdf.
    Date Issued: July 19, 2021.
    Description: Notice CPD-21-08 (the ESG-CV Notice) includes and 
explains multiple statutory and regulatory waivers HUD provided for 
ESG grants funded by the CARES Act (ESG-CV grants), as well as 
alternative requirements and applicable statutory and regulatory 
requirements for those grants. The waivers and alternative 
requirements in the ESG-CV Notice were made using special authority 
under the CARES Act, as further explained in section III of the ESG-
CV Notice. The same waivers and alternative requirements were also 
made applicable to FY2020 and prior fiscal year ESG funds an ESG 
recipient uses to prevent, prepare for, and respond to the 
coronavirus pandemic until September 30, 2022, subject to the 
additional conditions explained in section IV of the ESG-CV Notice. 
This ESG-CV Notice was issued by James Arthur Jemison II, Principal 
Deputy Assistant Secretary for Community Planning and Development, 
and supersedes the initial ESG-CV Notice (Notice CPD-20-08) that was 
issued on September 1, 2020. Questions about the waivers provided in 
Notice CPD-21-08 should be directed to Norm Suchar, Director, Office 
of Special Needs Assistance Programs, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 7266, Washington, DC 
20410 or [email protected].

[FR Doc. 2022-05353 Filed 3-14-22; 8:45 am]
BILLING CODE 4210-67-P