[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27620-27646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07956]
[[Page 27619]]
Vol. 89
Wednesday,
No. 75
April 17, 2024
Part IV
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the Third Quarter of
Calendar Year 2023; Notice
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 /
Notices
[[Page 27620]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6395-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2023
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, 2023 and ending on September 30, 2023.
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). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities.
To learn more about how to make an accessible telephone call,
please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
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 2023.
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 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, 2023 through September 30, 2023. 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 Fair
Housing and Equal Opportunity, 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.
Should HUD receive additional information about waivers granted
during the period covered by this report (the third quarter of calendar
year 2023) before the next report is published (the fourth quarter of
calendar year 2023), 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.
Benjamin Klubes,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2023 Through
September 30, 2023
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. Regulatory Waivers Granted by the Office of Public and Indian
Housing
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 93.400(d)(2). Project/Activity: The
State of Rhode Island requested a waiver of 24 CFR 93.400(d)(2) to
extend the expenditure deadline for its Fiscal Year 2017 grant funds
which are currently committed to a 70-unit mixed-income rental
development project, designated as activity #5867 in HUD's
Integrated Disbursement and Information System (IDIS).
Nature of Requirement: The regulation at 24 CFR 93.400(d)(2)
requires HUD to reduce or recapture any fiscal year grant funds in
the State's HTF Treasury account that are not expended within 5
years after the date of HUD's execution of the HTF grant agreement.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 3, 2023.
Reason Waived: The Department determined that there is
sufficient good cause
[[Page 27621]]
to grant a waiver of the requirement in 24 CFR 93.400(d)(2) to
reduce or recapture the State's FY 2017 HTF funds committed to IDIS
activity #5867 due to project delays caused by the increase in
construction costs that were beyond the State's control. This waiver
will extend the expenditure deadline for the State's FY 2017 HTF
funds until January 24, 2024, which enable the State to retain HTF
funds committed to the project and prevent the potential loss of
affordable units if the project loses necessary funds for
completion.
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 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: Contra Costa County, San Joaquin County, and
the City of Palmdale, California requested waivers of 24 CFR
92.252(d)(1) to allow the use of the utility allowance established
by the local public housing agency (PHA) for three HOME-assisted
projects: Galindo Terrace Apartments (Contra Costa County, CA),
Stone Pine Meadows Apartments (San Joaquin County, CA), and Juniper
Grove Apartments (Palmdale, CA).
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: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 7, 2023.
Reason Waived: The HOME requirements for establishing 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 to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
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 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The City of Fargo, North Dakota 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 Elliott
Place Four, a HOME-assisted project.
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: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 18, 2023.
Reason Waived: The HOME requirements for establishing 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 to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
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 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster areas for the severe storms and
flooding in Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. 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 the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from July 27, 2023. 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 the disaster; 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, 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 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the PJ, for a period of 24 months after July 27, 2023.
The provision of 24 CFR 92.209(h)(1) imposing the maximum amount of
TBRA assistance a participating jurisdiction may provide to a family
under HOME TBRA is waived for TBRA recipients who are displaced by
the disaster, as evidenced by the family's FEMA registration, for a
period of 24 months after July 27, 2023. The other provisions of 24
CFR 92.209(h) are not waived. The waiver of the housing quality
standards requirements at 24 CFR 92.209(i) applies to units leased
by TBRA recipients who were displaced by the disaster, as evidenced
by the recipient's FEMA registration, and are being assisted through
a HOME TBRA program funded by the participating jurisdiction for a
period of 24 months after July 27, 2023. Units must meet any
applicable State and local health and safety codes and requirements.
The lead safe housing requirements of 24 CFR part 35, subpart M,
made applicable to units leased by recipients of HOME TBRA by the
HOME regulation at 24 CFR 92.355, are not waived.
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
[[Page 27622]]
7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas for the severe storms and flooding in
Vermont (DR-7420-VT).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and Sec. 92.222(b) also permit HUD to reduce this
matching requirement for a participating jurisdiction located in a
declared-disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
Sec. 92.222(b)(1) imposes certain conditions in granting the
reduction to the matching requirement which HUD has determined there
is sufficient good cause to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and 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 areas
from October 1, 2022, through September 30, 2024. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
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 92.251.
Project/Activity: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 the disaster.
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 July 27,
2023. Units must meet State and local health and safety codes. The
lead housing safety regulations established in 24 CFR part 35 are
not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
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: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Many families whose homes were destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HTF assistance if the
requirement remains effective. This waiver permits the grantee to
use self-certification of income, as provided in section
93.151(d)(2), for HTF assisted units in lieu of source documentation
to determine initial eligibility of persons displaced by the
disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from July 27, 2023. 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 the disaster; 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, 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 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas for the wildfires in Hawaii (DR-4724-HI).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. 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 the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from August 14, 2023. 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 the disaster; 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, 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 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
[[Page 27623]]
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the PJ, for a period of 24 months after August 14,
2023. The provision of 24 CFR 92.209(h)(1) imposing the maximum
amount of TBRA assistance a participating jurisdiction may provide
to a family under HOME TBRA is waived for TBRA recipients who are
displaced by the disaster, as evidenced by the family's FEMA
registration, for a period of 24 months after August 14, 2023. The
other provisions of 24 CFR 92.209(h) are not waived.
The waiver of the housing quality standards requirements at 24
CFR 92.209(i) applies to units leased by TBRA recipients who were
displaced by the disaster, as evidenced by the recipient's FEMA
registration, and are being assisted through a HOME TBRA program
funded by the participating jurisdiction for a period of 24 months
after August 14, 2023. Units must meet any applicable State and
local health and safety codes and requirements. The lead safe
housing requirements of 24 CFR part 35, subpart M, made applicable
to units leased by recipients of HOME TBRA by the HOME regulation at
24 CFR 92.355, are not waived.
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 92.222(b)(1).
Project/Activity: HOME funds expended by the State participating
jurisdiction for projects located in the declared-disaster areas for
the wildfires in Hawaii (DR-4724-HI).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and Sec. 92.222(b) also permit HUD to reduce this
matching requirement for a participating jurisdiction located in a
declared-disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
Sec. 92.222(b)(1) imposes certain conditions in granting the
reduction to the matching requirement which HUD has determined there
is sufficient good cause to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for all HOME funds expended by the State
on projects in the declared-disaster areas, rather than on an case-
by-case basis, will relieve administrative and financial burden on
the affected participating jurisdiction by expediting the process
for reduction and the need to identify and provide matching
contributions to HOME projects.
Applicability: This match reduction applies to funds expended by
the State participating jurisdiction for projects located in the
declared-disaster areas from October 1, 2022, through September 30,
2024.
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 92.251.
Project/Activity: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 the disaster.
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 August 14,
2023. Units must meet State and local health and safety codes. The
lead housing safety regulations established in 24 CFR part 35 are
not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
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: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
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 the disaster will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from August 14, 2023. 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 the disaster; 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, 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 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster area for Hurricane Idalia in
Florida (DR-4734-FL).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver permits the participating
jurisdictions 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 the
disaster.
Applicability: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. These waivers are only available to
participating jurisdictions within the declared-disaster areas or
the State participating jurisdiction of the declared-disaster areas
to assist those displaced by the disaster. This waiver applies only
to families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
[[Page 27624]]
inaccessible by the disaster and remains in effect for six months
from September 18, 2023. 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 the disaster; 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, 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 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or the
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the PJ, for a period of 24 months after September 18,
2023. The provision of 24 CFR 92.209(h)(1) imposing the maximum
amount of TBRA assistance a participating jurisdiction may provide
to a family under HOME TBRA is waived for TBRA recipients who are
displaced by the disaster, as evidenced by the family's FEMA
registration, for a period of 24 months after September 18, 2023.
The other provisions of 24 CFR 92.209(h) are not waived.
The waiver of the housing quality standards requirements at 24
CFR 92.209(i) applies to units leased by TBRA recipients who were
displaced by the disaster, as evidenced by the recipient's FEMA
registration, and are being assisted through a HOME TBRA program
funded by the participating jurisdiction for a period of 24 months
after September 18, 2023. Units must meet any applicable State and
local health and safety codes and requirements. The lead safe
housing requirements of 24 CFR part 35, subpart M, made applicable
to units leased by recipients of HOME TBRA by the HOME regulation at
24 CFR 92.355, are not waived.
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 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas for Hurricane Idalia in Florida (DR-4734-
FL).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and Sec. 92.222(b) also permit HUD to reduce this
matching requirement for a participating jurisdiction located in a
declared-disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
Sec. 92.222(b)(1) imposes certain conditions in granting the
reduction to the matching requirement which HUD has determined there
is sufficient good cause to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and 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 areas
from October 1, 2022, through September 30, 2024. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
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 92.251.
Project/Activity: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
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
the disaster.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 the disaster.
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 September
18, 2023. Units must meet State and local health and safety codes.
The lead housing safety regulations established in 24 CFR part 35
are not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
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: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
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 the disaster will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from September 18, 2023. The
grantee or, as appropriate, HTF project owner, is required to
maintain: (1) a record of FEMA registration to demonstrate
[[Page 27625]]
that a family was displaced by the disaster; 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, 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 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i), and 24 CFR 91.401
Project/Activity: The State of Vermont and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4720-VT) seeking to
expedite action in response to severe storms and flooding, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees in the areas covered by the major disaster declaration
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), DR-4720-VT, dated July 14,
2023, as may be amended (the ``Vermont declared-disaster areas'')
and is limited to facilitating preparation of substantial amendments
to FY 2023 and prior year plans.
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 in the development of a consolidated
plan and prior to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Several CPD grantees were affected by severe
storms and flooding that hit Vermont and received a major disaster
declaration on July 14, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Vermont declared-disaster areas were displaced from their homes,
including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. The waiver granted will
allow grantees to expedite recovery efforts for low- and moderate-
income residents affected by the property loss and destruction
resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Vermont and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Vermont declared-disaster areas (see DR-4720-VT)
seeking to expedite action in response to severe storms and
flooding, upon notification to the Community Planning and
Development Director in its respective HUD Field Office. This
authority is in effect for grantees within the Vermont declared-
disaster areas and is limited to facilitating preparation of
substantial amendments to FY 2023 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe storms and flooding that hit Vermont and received
a major disaster declaration on July 14, 2023. As a result of
substantial property loss and destruction, many individuals and
families residing in the Vermont declared-disaster areas were
displaced from their homes, including beneficiaries of various CPD
programs, and families eligible to receive CPD program assistance.
The waiver granted will allow grantees to determine what constitutes
reasonable notice and opportunity to comment given their
circumstances and provide that level of notice and opportunity to
comment when amending prior year plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Vermont severe storms and
flooding.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 damage associated with severe storms and
flooding. The waiver will allow CDBG grantees, including grantees
providing assistance to evacuees outside the Vermont declared-
disaster areas, to pay for the basic daily needs of individuals and
families affected by the severe storms and flooding on an interim
basis. This authority is in effect through the end of the grantee's
2024 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: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Hawaii and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4724-HI) seeking to
expedite action in response to wildfires, upon notification to the
Community Planning and Development Director in its respective HUD
Field Office. This authority is in effect for grantees in the areas
covered by the major disaster declaration under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4724-HI, dated August 10, 2023, as may be amended
(the ``Hawaii declared-disaster areas'') and is limited to
facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require a 30-day public
comment period in the development of a consolidated plan and prior
to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Several CPD grantees were affected by wildfires
that hit Hawaii and received a disaster declaration on August 10,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the Hawaii declared-disaster
areas were displaced from their homes, including beneficiaries of
various CPD programs, and families eligible to receive CPD program
assistance. The waiver granted will allow grantees to expedite
recovery efforts for low- and moderate-income residents affected by
the property loss and destruction resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
[[Page 27626]]
Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Hawaii and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Hawaii declared-disaster areas (see DR-4724-HI)
seeking to expedite action in response to wildfires, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees within the Hawaii declared-disaster areas and is limited to
facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by wildfires that hit Hawaii and received a major disaster
declaration on August 10, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Hawaii declared-disaster areas were displaced from their homes,
including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. The waiver granted will
allow grantees to determine what constitutes reasonable notice and
opportunity to comment given their circumstances and provide that
level of notice and opportunity to comment when amending prior year
plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Hawaii wildfires.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 damage associated with wildfires. The waiver
will allow CDBG grantees, including grantees providing assistance to
evacuees outside the Hawaii declared-disaster areas, to pay for the
basic daily needs of individuals and families affected by the
wildfires on an interim basis. This authority is in effect through
the end of the grantee's 2024 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: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k), 24
CFR 91.115(c)(2) and (i).
Project/Activity: The State of Florida and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area seeking to expedite action in
response to Hurricane Idalia, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office. This authority is in effect for grantees in the areas
covered by the major disaster declaration under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4734-FL, dated August 31, 2023, as may be amended
(the ``Florida declared-disaster areas'') and is limited to
facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require a 30-day public
comment period in the development of a consolidated plan and prior
to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Several CPD grantees were affected Hurricane
Idalia and received a major disaster declaration on August 31, 2023.
As a result of substantial property loss and destruction, many
individuals and families residing in the Florida declared-disaster
areas were displaced from their homes, including beneficiaries of
various CPD programs, and families eligible to receive CPD program
assistance. The waiver granted will allow grantees to expedite
recovery efforts for low- and moderate-income residents affected by
the property loss and destruction resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k); 24
CFR 91.115(c)(2) and (i).
Project/Activity: The State of Florida and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Florida declared-disaster areas (see DR-4734-FL)
seeking to expedite action in response to Hurricane Idalia, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees within the Florida declared-disaster areas and is limited
to facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by Hurricane Idalia that received a major disaster
declaration on August 31, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Florida declared-disaster areas were displaced from their homes,
including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. The waiver granted will
allow grantees to determine what constitutes reasonable notice and
opportunity to comment given their circumstances and provide that
level of notice and opportunity to comment when amending prior year
plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Hurricane Idalia.
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.
[[Page 27627]]
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 damage associated with Hurricane Idalia. The
waiver will allow CDBG grantees, including grantees providing
assistance to evacuees outside the Florida declared-disaster areas,
to pay for the basic daily needs of individuals and families
affected by Hurricane Idalia on an interim basis. This authority is
in effect through the end of the grantee's 2024 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: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Mega-Waiver for Vermont Severe Storms and Flooding--Housing
Opportunities for Persons Withs AIDS (HOPWA) Program
On July 27, 2023, HUD issued an updated memorandum offering
waivers of certain statutory and regulatory requirements associated
with several Community Planning and Development (CPD) grant programs
to address damage and facilitate recovery from Vermont severe storms
and flooding in areas covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR-4720-VT, dated July 14, 2023, as
may be amended (the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
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 habitability standards within 60 days of the date of July 27,
2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability 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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum
Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on July 27, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. 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).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of July 27, 2023.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status 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.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
[[Page 27628]]
Mega-Waiver for Hawaii Wildfires--Housing Opportunities for Persons
Withs AIDS (HOPWA) Program
On August 14, 2023, HUD issued a memorandum offering waivers of
certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from Hawaii wildfires in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4724-HI, dated August 10, 2023, as may be amended
(the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
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 habitability standards within 60 days of the date of August
14, 2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability 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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum
Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on August 14, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. 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).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of August 14, 2023.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status 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.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Mega-Waiver for Hurricane Idalia--Housing Opportunities for Persons
Withs AIDS (HOPWA) Program
On September 18, 2023, HUD issued a memorandum offering waivers
of certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from Hurricane Idalia in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4734-FL, dated August 31, 2023, as may be amended
(the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions listed under
table 65 on pages 292-294 of the NSPIRE standards at: www.hud.gov/sites/dfiles/PIH/documents/6092-N-05nspire_final_standards.pdf.
Grantees must ensure that these units meet HOPWA habitability
standards within 60 days of the date of September 18, 2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability 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
[[Page 27629]]
community residences; project or tenant-based rental assistance; or
operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on September 18, 2023, for any individual or family who is renting
or executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. 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).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of May 17, 2023.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status 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.
Contact: Lisa Steinhauer, 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 (215) 861-7651, [email protected].
I. Mega-Waiver for Vermont Severe Storms and Floods--CoC
On July 27, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from severe storms and floods in areas of
Vermont covered by a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4720-VT, dated July 14, 2023, and as may be
amended (the ``declared-disaster areas''). The following summarizes
the waivers available for CoC Program Recipients.
CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance
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 issuance 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 the disaster; and (2) the
individual or family is currently receiving rental assistance or
begins receiving rental assistance within two years after the date
of the issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, 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 disaster. 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.
[[Page 27630]]
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.
CoC--One Year Lease Requirement
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 issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, so long as the initial lease
term of all leases is for more than one month, 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 regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 more than
one month. 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.
CoC--One-Time Limit on Moving Costs
Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on the date of the
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, 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.
CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds
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 the issuance of the waiver. 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) meaning the rent paid
must be reasonable in relation to rents being charged for comparable
units, taking into account the location, size, type, quality,
amenities, facilities, and management services. The waiver may be
used for program participants affected by the disaster, even if
they're residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Waiving the limit on 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 declared-declared areas. The rental markets 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 (202) 708-4300.
CoC--Disability Documentation for Permanent Supportive Housing (PSH)
Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from the date of the issuance of
the waiver so long as (1) the intake-staff records observations of
disability in the client file at time of application; or (2) the
individual seeking assistance provides written certification that
they have a qualifying disability is provided at time of
application. The waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified above will allow recipient to house people impacted by
severe storms and flooding in Vermont by relying on intake staff-
recorded observations of disability or a written self-certification
by the program participant. This will help individuals and families
with disabilities to expeditiously receive needed housing assistance
when paperwork from the Social Security Administration or medical
professionals cannot be quickly obtained.
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 (202) 708-4300.
[[Page 27631]]
II. Mega-Waiver for Vermont Severe Storms and Flooding--ESG
On July 27, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from severe storms and floods in areas of
Vermont covered by a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4720-VT, dated July 14, 2023, and as may be
amended (the ``declared-disaster areas''). The following summarizes
the waivers available for ESG Program Recipients.
ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 24
CFR 576.105(c) and 24 CFR 576.105(b)(2)--Term limits on Rental
Assistance and Housing Relocation and Stabilization Services.
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 severe
storms and floods in Vermont; and (2) the individual or family is
currently receiving rental assistance or housing relocation
stabilization services or begins receiving rental assistance or
housing relocation and stabilization services within two years after
the date of the issuance of the waiver. For these individuals and
families, ESG funds may be used to provide up to 36 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 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-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 and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 the issuance of the waiver 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 (202) 708-4300.
ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)
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 of the issuance of the waiver 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 units 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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of severe
storms and floods in Vermont. 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 (202) 708-4300.
ESG--Housing Standards
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 must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 (202) 708-4300.
ESG--Shelter Standards
Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter 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 ensure that these shelters.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
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 (202) 708-4300.
ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs
Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and
[[Page 27632]]
stabilization services; restriction of rental assistance to units
with rent at or below FMR; assisting program participants with
subleases; and reasonable HMIS and administrative costs related to
that assistance. In addition, no expenditure may be made or charged
to any grant on or after the date Treasury closes the relevant
account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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 (202) 708-4300.
ESG--Assisting Program Participants With Subleases
Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: 1. The individual or family lives in the declared-disaster area
or was displaced from the declared-disaster area as a result of
severe storms and floods in Vermont; 2. The individual or family is
currently receiving ESG-funded rental assistance as the leaseholder
or housing relocation stabilization services or begins receiving
rental assistance or housing relocation stabilization services
within two years after the date of the issuance of the waiver; 3.
The individual or family chooses to rent a unit through a legally
valid sublease or lease with the primary leaseholder for the unit;
and 4. The recipient has developed written policies to apply the
requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 576.409, and
24 CFR 576.500(h) with respect to that program participant by
reading the references to ``owner'' and ``housing owner'' to apply
to the primary leaseholder and reading the references to ``lease''
to apply to the program participant's sublease or lease with the
primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more 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 (202) 708-4300.
III. Mega-Waiver for Hawaii Wildfires--CoC
On August 14, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4724-HI, dated August 10, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for CoC Program Recipients.
CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance
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 issuance 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 the disaster; and (2) the
individual or family is currently receiving rental assistance or
begins receiving rental assistance within two years after the date
of the issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, 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 disaster. 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 (202) 708-4300.
CoC--One Year Lease Requirement
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 issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, so long as the initial lease
term of all leases is for more than one month, 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 regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 more than
one month. 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
[[Page 27633]]
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 (202) 708-4300.
CoC--One-Time Limit on Moving Costs
Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on the date of the
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, 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 (202) 708-4300.
CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds
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 the issuance of the waiver. 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) meaning the rent paid
must be reasonable in relation to rents being charged for comparable
units, taking into account the location, size, type, quality,
amenities, facilities, and management services. The waiver may be
used for program participants affected by the disaster, even if they
are residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Waiving the limit on 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 declared-declared areas. The rental markets 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 (202) 708-4300.
CoC--Disability Documentation for Permanent Supportive Housing (PSH)
Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from the date of the issuance of
the waiver so long as (1) the intake-staff records observations of
disability in the client file at time of application; or (2) the
individual seeking assistance provides written certification that
they have a qualifying disability is provided at time of
application. The waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified above will allow recipient to house people impacted by
wildfires in Hawaii by relying on intake staff-recorded observations
of disability or a written self-certification by the program
participant. This will help individuals and families with
disabilities to expeditiously receive needed housing assistance when
paperwork from the Social Security Administration or medical
professionals cannot be quickly obtained.
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 (202) 708-4300.
Mega-Waiver for Hawaii Wildfires--ESG
On August 14, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4724-HI, dated August 10, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for ESG Program Recipients.
ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 24
CFR 578.105(c) and 24 CFR 576.105(b)(2)--Term limits on Rental
Assistance and Housing Relocation and Stabilization Services.
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 wildfires
in areas of Hawaii; and (2) the individual or family is currently
receiving rental assistance or housing relocation stabilization
services or begins receiving rental assistance or housing relocation
and stabilization services within two years after the date of the
issuance of the waiver. For these individuals and families, ESG
funds may be used to provide up to 36 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
[[Page 27634]]
3-year period. Section 576.105(a)(5) prohibits a program participant
from receiving more than 24 months of utility payments under ESG
during any 3-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 and 24 months while the
program participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 the issuance of the waiver 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 (202) 708-4300.
ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)
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 of the issuance of the waiver 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 units 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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of wildfires
in Hawaii. 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 (202) 708-4300.
ESG--Housing Standards
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 must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 (202) 708-4300.
ESG--Shelter Standards
Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter 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 ensure that these shelters
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
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 (202) 708-4300.
ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs
Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. In addition, no expenditure may be
made or charged to any grant on or after the date Treasury closes
the relevant account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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 (202) 708-4300.
ESG--Assisting Program Participants With Subleases
Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: 1. The individual or family lives in the declared-disaster area
or was displaced from the declared-disaster area as a result of
wildfires in Hawaii; 2. The individual or family is currently
receiving ESG-funded rental assistance as the leaseholder or housing
relocation stabilization services or begins receiving rental
assistance or housing
[[Page 27635]]
relocation stabilization services within two years after the date of
the issuance of the waiver; 3. The individual or family chooses to
rent a unit through a legally valid sublease or lease with the
primary leaseholder for the unit; and 4. The recipient has developed
written policies to apply the requirements of 24 CFR 576.105, 24 CFR
576.106, 24 CFR 576.409, and 24 CFR 576.500(h) with respect to that
program participant by reading the references to ``owner'' and
``housing owner'' to apply to the primary leaseholder and reading
the references to ``lease'' to apply to the program participant's
sublease or lease with the primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more 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 (202) 708-4300.
Mega-Waiver for Hurricane Idalia--CoC and YHDP
On September 18, 2023, Principal Deputy Assistant Secretary
Marion McFadden issued a memorandum offering waivers of certain
statutory and regulatory requirements associated with several
Community Planning and Development (CPD) grant programs to address
damage and facilitate recovery from Hurricane Idalia covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4734-FL, dated August 31, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for CoC Program Recipients.
CoC and YHDP--Permanent Housing Rapid Re-Housing Limit to 24 Months of
Rental Assistance
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 issuance 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 the disaster; and (2) the
individual or family is currently receiving rental assistance or
begins receiving rental assistance within two years after the date
of the issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, 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 disaster. 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 (202) 708-4300.
CoC and YHDP--One Year Lease Requirement
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 issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, so long as the initial lease
term of all leases is for more than one month, 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 regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 more than
one month. 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 (202) 708-4300.
CoC and YHDP--One-time Limit on Moving Costs
Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on the date of the
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, 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
[[Page 27636]]
7262, Washington, DC 20410, telephone (202) 708-4300.
CoC and YHDP--Fair Market Rent (FMR) Cap on Rent Paid with Leasing
Funds
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 the issuance of the waiver. 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) meaning the rent paid
must be reasonable in relation to rents being charged for comparable
units, taking into account the location, size, type, quality,
amenities, facilities, and management services. The waiver may be
used for program participants affected by the disaster, even if they
are residing outside of the disaster area.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Waiving the limit on 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 declared-declared areas. The rental markets 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 (202) 708-4300.
CoC and YHDP--Disability Documentation for Permanent Supportive Housing
(PSH)
Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from the date of the issuance of
the waiver so long as (1) the intake-staff records observations of
disability in the client file at time of application; or (2) the
individual seeking assistance provides written certification that
they have a qualifying disability is provided at time of
application. This waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified above will allow recipient to house people impacted by
Hurricane Idalia by relying on intake staff-recorded observations of
disability or a written self-certification by the program
participant. This will help individuals and families with
disabilities to expeditiously receive needed housing assistance when
paperwork from the Social Security Administration or medical
professionals cannot be quickly obtained.
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 (202) 708-4300.
Mega-Waiver for Hurricane Idalia--ESG
On September 18, 2023, Principal Deputy Assistant Secretary
Marion McFadden issued a memorandum offering waivers of certain
statutory and regulatory requirements associated with several
Community Planning and Development (CPD) grant programs to address
damage and facilitate recovery from Hurricane Idalia covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4734-FL, dated August 31, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for ESG Program Recipients.
ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 24
CFR 576.105(c); and 24 CFR 576.105(b)(2) Term limits on Rental
Assistance and Housing Relocation and Stabilization Services
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
Idalia; and (2) the individual or family is currently receiving
rental assistance or housing relocation stabilization services or
begins receiving rental assistance or housing relocation and
stabilization services within two years after the date of the
issuance of the waiver. For these individuals and families, ESG
funds may be used to provide up to 36 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 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-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 and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 the issuance of the waiver 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 (202) 708-4300.
ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)
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 of the issuance of the waiver 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 units 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
[[Page 27637]]
reasonableness, as established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of Hurricane
Idalia. 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 (202) 708-4300.
ESG--Housing Standards
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 must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 (202) 708-4300.
ESG--Shelter Standards
Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter 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 ensure that these shelters
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: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
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 (202) 708-4300.
ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs
Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. In addition, no expenditure may be
made or charged to any grant on or after the date Treasury closes
the relevant account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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 (202) 708-4300.
ESG--Assisting Program Participants With Subleases
Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: 1. The individual or family lives in the declared-disaster area
or was displaced from the declared-disaster area as a result of
Hurricane Idalia; 2. The individual or family is currently receiving
ESG-funded rental assistance as the leaseholder or housing
relocation stabilization services or begins receiving rental
assistance or housing relocation stabilization services within two
years after the date of the issuance of the waiver; 3. The
individual or family chooses to rent a unit through a legally valid
sublease or lease with the primary leaseholder for the unit; and 4.
The recipient has developed written policies to apply the
requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 576.409, and
24 CFR 576.500(h) with respect to that program participant by
reading the references to ``owner'' and ``housing owner'' to apply
to the primary leaseholder and reading the references to ``lease''
to apply to the program participant's sublease or lease with the
primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more 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 (202) 708-4300.
CoC Waivers
Regulation: 24 CFR 578.75(b)(1).
Nature of Requirement: Regulations at 24 CFR 578.75(b)(1)
require that the recipient or subrecipient must physically inspect
each unit to assure that the unit meets HQS prior to providing
assistance on behalf of the program participant.
Requesting organization: Housing Authority of the City of Los
Angeles and Los Angeles County Development Authority
[[Page 27638]]
Grants Affected:
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CA0335L9D002114 CA1224L9D002109 CA1500L9D002207 CA0339L9D002114
CA0336L9D002114 CA0328L9D002108 CA1337L9D002208 CA0365L9D002114
CA0783L9D002113 CA0798L9D002113 CA1106L9D002207 CA0421L9D002114
CA0916L9D002112 CA1339L9D002107 CA1340L9D002208 CA0465L9D002114
CA0917L9D002112 CA0473L9D002114 CA1492L9D002207 CA0742L9D002114
CA1220L9D002109 CA0799L9D002113 CA1689L9D002205 CA0792L9D002113
CA0407L9D002114 CA0996L9D002107 CA0997L9D002207 CA0800L9D002113
CA1594L9D002105 CA1049L9D002111 CA0420L9D002215 CA0860L9D002107
CA1341L9D002107 CA1050L9D002111 CA0920L9D002213 CA0913L9D002112
CA1491L9D002106 CA0329L9D002108 CA0438L9D002215 CA0914L9D002112
CA0391L9D002114 CA0474L9D002114 CA0444L9D002215 CA0915L9D002112
CA0392L9D002114 CA0995L9D002106 CA0445L9D002215 CA0998L9D002106
CA0395L9D002114 CA1595L9D002105 CA1110L9D002207 CA1046L9D002111
CA0324L9D002109 CA1490L9D002106 CA0464L9D002215 CA1104L9D002105
CA0393L9D002114 CA1112L9D002106 CA0797L9D002214 CA1109L9D002105
CA0405L9D002114 CA0519L9D002114 CA1051L9D002212 CA1157L9D002110
CA0862L9D002107 CA0923L9D002112 CA1217L9D002210 CA1158L9D002110
CA1500L9D002106 CA0335L9D002215 CA1224L9D002210 CA0920L9D002112
CA1337L9D002107 CA0336L9D002215 CA0798L9D002214 CA0438L9D002114
CA1106L9D002106 CA0783L9D002214 CA1339L9D002208 CA0444L9D002114
CA1340L9D002107 CA0916L9D002213 CA0473L9D002215 CA0445L9D002114
CA1492L9D002106 CA0917L9D002213 CA0799L9D002214 CA1110L9D002106
CA1689L9D002104 CA1220L9D002210 CA0996L9D002208 CA0464L9D002114
CA0997L9D002106 CA0407L9D002215 CA1049L9D002212 CA0797L9D002113
CA0420L9D002114 CA1594L9D002206 CA1050L9D002212 CA1051L9D002111
CA1217L9D002109 CA1219L9D002210 CA1342L9D002208 CA1046L9D002212
CA1504L9D002207 CA0465L9D002215 CA1159L9D002211 CA0329L9D002209
CA1343L9D002208 CA0339L9D002215 CA1505L9D002207 CA0474L9D002215
CA1344L9D002208 CA0792L9D002214 CA1218L9D002210 CA0995L9D002207
CA0519L9D002215 CA0998L9D002207 CA1158L9D002211 CA1595L9D002206
CA0923L9D002213 CA0742L9D002215 CA1157L9D002211 CA1490L9D002207
CA1109L9D002206 CA1112L9D002207 CA1159L9D002110 CA1597L9D002105
CA1503L9D002207 CA1502L9D002106 CA1218L9D002109 CA1687L9D002104
CA1341L9D002208 CA1503L9D002106 CA1219L9D002109 CA1688L9D002104
CA1491L9D002207 CA1504L9D002106 CA1342L9D002107 CA0365L9D002215
CA0391L9D002215 CA1505L9D002106 CA1343L9D002107 CA0914L9D002213
CA0392L9D002215 CA1596L9D002105 CA1344L9D002107 CA0405L9D002215
CA0395L9D002215 CA0324L9D002210 CA0393L9D002215 .......................
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Project/Activity: Homelessness in Los Angeles County is at
crisis levels with over 66,000 unsheltered individuals as of the
last regional homeless count in early 2022. Unsheltered individuals
have a significantly increased risk of mortality; the LA Times
reported that an average of five people experiencing homelessness
died on the streets of LA each day in 2022. The Mayor of the City of
Los Angeles and the Los Angeles County Board of Supervisors declared
states of emergency on homelessness for their jurisdictions and are
seeking ways to house individuals and families experiencing
homelessness as quickly as possible. The inspection process for
units currently takes approximately two weeks and can prevent
individuals from leasing-up apartments given the tight rental
market.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Waiving the requirement for an initial unit
inspection assists people experiencing homelessness to move into
housing in an expedient manner and is crucial to ending the
homelessness crisis in Los Angeles.
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 (202) 708-4300.
Regulation: 24 CFR 578.103(a)(7).
Nature of Requirement: Regulations at 24 CFR 578.103(a)(7)
require that, for each program participant who receives housing
assistance where rent or an occupancy charge is paid by the program
participant, the recipient or subrecipient must collect and keep
documentation of the program participant's income. The regulation
establishes an order of preference for the type of documentation
that recipients or subrecipients can rely on.
Requesting Organization: Housing Authority of the City of Los
Angeles and Los Angeles County Development Authority.
Grants Affected:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
CA0335L9D002114 CA1224L9D002109 CA1500L9D002207 CA0339L9D002114
CA0336L9D002114 CA0328L9D002108 CA1337L9D002208 CA0365L9D002114
CA0783L9D002113 CA0798L9D002113 CA1106L9D002207 CA0421L9D002114
CA0916L9D002112 CA1339L9D002107 CA1340L9D002208 CA0465L9D002114
CA0917L9D002112 CA0473L9D002114 CA1492L9D002207 CA0742L9D002114
CA1220L9D002109 CA0799L9D002113 CA1689L9D002205 CA0792L9D002113
CA0407L9D002114 CA0996L9D002107 CA0997L9D002207 CA0800L9D002113
CA1594L9D002105 CA1049L9D002111 CA0420L9D002215 CA0860L9D002107
CA1341L9D002107 CA1050L9D002111 CA0920L9D002213 CA0913L9D002112
CA1491L9D002106 CA0329L9D002108 CA0438L9D002215 CA0914L9D002112
CA0391L9D002114 CA0474L9D002114 CA0444L9D002215 CA0915L9D002112
CA0392L9D002114 CA0995L9D002106 CA0445L9D002215 CA0998L9D002106
CA0395L9D002114 CA1595L9D002105 CA1110L9D002207 CA1046L9D002111
[[Page 27639]]
CA0324L9D002109 CA1490L9D002106 CA0464L9D002215 CA1104L9D002105
CA0393L9D002114 CA1112L9D002106 CA0797L9D002214 CA1109L9D002105
CA0405L9D002114 CA0519L9D002114 CA1051L9D002212 CA1157L9D002110
CA0862L9D002107 CA0923L9D002112 CA1217L9D002210 CA1158L9D002110
CA1500L9D002106 CA0335L9D002215 CA1224L9D002210 CA0920L9D002112
CA1337L9D002107 CA0336L9D002215 CA0798L9D002214 CA0438L9D002114
CA1106L9D002106 CA0783L9D002214 CA1339L9D002208 CA0444L9D002114
CA1340L9D002107 CA0916L9D002213 CA0473L9D002215 CA0445L9D002114
CA1492L9D002106 CA0917L9D002213 CA0799L9D002214 CA1110L9D002106
CA1689L9D002104 CA1220L9D002210 CA0996L9D002208 CA0464L9D002114
CA0997L9D002106 CA0407L9D002215 CA1049L9D002212 CA0797L9D002113
CA0420L9D002114 CA1594L9D002206 CA1050L9D002212 CA1051L9D002111
CA1217L9D002109 CA1219L9D002210 CA1342L9D002208 CA1046L9D002212
CA1504L9D002207 CA0465L9D002215 CA1159L9D002211 CA0329L9D002209
CA1343L9D002208 CA0339L9D002215 CA1505L9D002207 CA0474L9D002215
CA1344L9D002208 CA0792L9D002214 CA1218L9D002210 CA0995L9D002207
CA0519L9D002215 CA0998L9D002207 CA1158L9D002211 CA1595L9D002206
CA0923L9D002213 CA0742L9D002215 CA1157L9D002211 CA1490L9D002207
CA1109L9D002206 CA1112L9D002207 CA1159L9D002110 CA1597L9D002105
CA1503L9D002207 CA1502L9D002106 CA1218L9D002109 CA1687L9D002104
CA1341L9D002208 CA1503L9D002106 CA1219L9D002109 CA1688L9D002104
CA1491L9D002207 CA1504L9D002106 CA1342L9D002107 CA0365L9D002215
CA0391L9D002215 CA1505L9D002106 CA1343L9D002107 CA0914L9D002213
CA0392L9D002215 CA1596L9D002105 CA1344L9D002107 CA0405L9D002215
CA0395L9D002215 CA0324L9D002210 CA0393L9D002215 .......................
----------------------------------------------------------------------------------------------------------------
Project/Activity: The preferred method of documenting income is
source documentation. If source documents are unobtainable, a
written statement by the relevant third party or the written
certification of the recipient's or subrecipient's intake staff of
the relevant third party's oral verification of the income the
program participant received over the most recent period is
required. Regulations allow that, to the extent that source
documents and third-party verification are unobtainable, the program
participant can self-certify their anticipated income for the next
three months. The requirement at 24 CFR 578.103(a)(7) to first seek
source documentation and third-party verification of income is
waived for existing grants with the grant numbers listed to allow
the recipients to self-certify the income the program participant
expects to receive over the 3-month period.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Individuals experiencing homelessness are
unlikely to have the required documentation for annual income
readily available and this documentation can be difficult to obtain
quickly. Waiving the requirement to first seek source documentation
and third-party verification of income will streamline the annual
income process, allowing HACLA and LACDA to house individuals more
quickly.
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 (202) 708-4300.
Fair Market Rent (FMR) Cap on Rent Paid with Leasing Funds
Regulation: 24 CFR 578.49(b)(2).
Nature of Requirement: CoC Program regulations at 24 CFR
578.49(b)(2) states, ``When grants are used to pay rent for
individual housing units, the rent paid must be reasonable in
relation to rents being charged for comparable units, taking into
account the location, size, type, quality, amenities, facilities,
and management services. In addition, the rents may not exceed rents
currently being charged for comparable units, and the rent paid may
not exceed HUD-determined fair market rents.''
Requesting Organization: St. Vincent's Medical Center.
Grants Affected: CT0083L1E032215 and CT0041L1E032215.
Project/Activity: Regulations at 24 CFR 578.49(b)(2) require
that leasing funds used to pay rent may not exceed the HUD-
determined fair market rent in place at the time of lease execution.
The above organization requested a waiver of the FMR requirements at
24 CFR 578.49(b)(2) so that it may provide CoC Program Permanent
Supportive Housing assistance to program participants in housing
units with rents that exceed the FMR amount for the Bridgeport, CT
Metro Area but meet the reasonable rent standards. This waiver is
necessary because the Bridgeport service area continues to see
inflationary increases in housing costs, resulting in the lack of
safe affordable rental options. Additionally, existing leases are
seeing rent increases that exceed FMR at lease renewal.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: The organization sufficiently documented the
recipient's inability to adequately house program participants under
the current rental market conditions within the Bridgeport, CT HUD
Metropolitan area using current FMR restrictions. The organization
may use leasing funds to pay 100% of the cost of rent for units with
gross rents that exceed HUD established FMR rates, so long as the
gross rent reasonable rent standards are met.
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 (202) 708-4300.
ESG Waivers
A. Extension of ESG-CV Expenditure Deadline
Regulation: Section V.A.1 of Notice CPD-22-06.
Requestor: Allegheny County.
Project/Activity: HUD granted a waiver of the September 30,
2023, deadline that Section V.A.1 of Notice CPD-22-06 established
for completing all ESG-CV expenditures, except for certain closeout-
related expenditures and expenditures of reallocated ESG-CV amounts,
in the September 27, 2023 memorandum: Allegheny County's Request for
Waiver of ESG-CV Expenditure Deadline Established by Notice CPD-22-
06, Section V.A.1. HUD waived the applicable requirements to the
extent necessary to specify an alternative requirement that the
recipient shall expend all ESG-CV funding by December 31, 2023.
Nature of Requirement: Section V.A.1 of Notice CPD-22-06
established a deadline of September 30, 2023 for completing all ESG-
CV expenditures, except for certain closeout-related expenditures
and expenditures of reallocated ESG-CV amounts.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2023.
Reason Waived: Waiving the September 30, 2023 expenditure
deadline is necessary to prevent, prepare for, and respond to
coronavirus, because the rate of COVID-19 infections has increased
dramatically in the past several weeks in Allegheny County and is
projected to increase through the fall. The recipient's emergency
shelter renovation project is needed to add 25 new emergency
[[Page 27640]]
shelter beds for individuals experiencing unsheltered homelessness
within the community.
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 (202) 708-4300.
Extension of ESG-CV Expenditure Deadline
Regulation: Section V.A.1 of Notice CPD-22-06.
Requestor: State of California.
Project/Activity: HUD granted a waiver of the September 30,
2023, deadline that Section V.A.1 of Notice CPD-22-06 established
for completing all ESG-CV expenditures, except for certain closeout-
related expenditures and expenditures of reallocated ESG-CV amounts,
in the September 29, 2023 memorandum: State of California's Request
for Waiver of ESG-CV Expenditure Deadline Established by Notice CPD-
22-06, Section V.A.1. HUD waived the applicable requirements to the
extent necessary to specify an alternative requirement that the
recipient shall expend all ESG-CV funding by June 30, 2024.
Nature of Requirement: Section V.A.1 of Notice CPD-22-06
established a deadline of September 30, 2023 for completing all ESG-
CV expenditures, except for certain closeout-related expenditures
and expenditures of reallocated ESG-CV amounts.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 29, 2023.
Reason Waived: Waiving the September 30, 2023 expenditure
deadline is necessary to prevent, prepare for, and respond to
coronavirus, not only because of the increasing number of
coronavirus infections and hospitalizations in the State of
California, but also because of the 6 percent rise in homelessness
in the State from 2020 through 2022.
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 (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: 24 CFR 200.54(b) Property Development,
2023.
Project/Activity: Extension of Partial Waiver of Requirement of
24CFR 200.54(b)--Multifamily Loan Disbursements.
Nature of Requirement: The regulation requires A partial waiver
of the ``. . . must be disbursed in full . . .'' requirement is
necessary for the covered projects to allow mortgagees to securitize
the initial draw contemporaneously with borrower equity funding to
establish the mortgage-backed security and fulfill investor trade
agreements. The initial FHA-insured draw cannot not exceed one half
percent (0.5%) of the initially endorsed loan amount. In practice,
this initial draw is typically $25,000. The Department requires, in
24 CFR 200.54(b), 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. . . .'' Essentially, borrower
equity is required to be fully disbursed before the disbursement of
any mortgage proceeds. Typically, all borrower equity is already
disbursed prior to Loan proceeds, as part of the initial draw. For
certain projects, the amount of Borrower equity exceeds the amount
of the initial draw to be disbursed at time of endorsement. This
presents a timing challenge because disbursing the equity as
construction activity occurs will take up to two months and mortgage
draw activity must be postponed in the meantime.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: July 5, 2023.
Reason Waived: The extension continues the waiver of the
requirement that an agreement acceptable to the Commissioner shall
require that funds provided by the mortgagor must be disbursed in
full for project work, material, and incidental charges, and
expenses before disbursement of any mortgage proceeds. This partial
waiver is being issued to allow the timely issuance of securities
guaranteed by the Government National Mortgage Association and is
limited to projects insured under Sections 213 and 221(d)(4) of the
National Housing Act. Without the partial waiver, lenders may be
unable to securitize loans or may be forced to implement unusual and
burdensome servicing practices to maintain compliance with the
regulation. The contract between mortgage lender and investor has
affirmative delivery dates; the initial securitized draw cannot be
delayed or contingent on borrower equity disbursements.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6134, Washington, DC 20410,
telephone (202) 402-6257.
Regulation: 24 CFR 242.72.
Project/Activity: Onslow County Hospital Authority.
Nature of Requirement: 24 CFR 242.72 prohibits the leasing of a
hospital by a proposed borrower that seeks insurance through the
FHA's Section 242 program.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: August 11, 2023.
Reason Waived: Through its Lender, Onslow County Healthcare
Authority (OCHA), located in Jacksonville, North Caroline, applied
for Section 241 supplemental mortgage insurance. OCHA leases
property to Onslow Memorial Hospital (the Hospital), to operate a
162-bed general acute care hospital. A Regulatory Waiver 24 CFR
Sec. 242.72 is required to close the proposed loan because OCHA is
the Borrower and owns the hospital facility, but does not operate
the facility.
The waiver is necessary and appropriate in this narrow case, as
the Hospital and OCHA are closely related entities (the Hospital is
a component unit of OCHA). The two entities are functionally the
same (with the same management team and Board of Directors). The
Office of General Counsel has reviewed this request and has
concurred. Legal documents signed at closing will include controls
and protections that guard against the risk of lease arrangements.
The Office of Healthcare Programs is comfortable allowing the waiver
due to the relationship between OCHA and the Hospital, the creation
of the appropriate legal documents, as well as the strength and
history of OCHA and the Hospital. OCHA has one outstanding Section
242 loan, closed in 2006, using this same structure.
Contact: Paul Giaudrone, Underwriting Director, Office of
Hospital Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Washington DC 20410, telephone (202) 402-5684.
Regulation: 24 CFR 290.30(a).
Project/Activity: The owner of O'Fallon Place 1A Apartments,
located in St. Louis, Missouri requests HUD approval of the note
sale of two underlying HUD-held mortgages secured by the project to
Missouri Housing Development Corporation (MHDC), a unit of local
government, on a non-competitive, negotiated basis.
Nature of Requirement: HUD is required to sell HUD-held Notes on
a competitive basis pursuant to 24 CFR 290.30(a). However, as an
exception to this requirement, 24 CFR 290.31(a)(2), permits
``negotiated'' sales to state of local governments for current
mortgages securing subsidized projects, provided that loans are sold
with FHA insurance.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: August 10, 2023.
Reason Waived: To facilitate the sale of the two HUD-held Notes
a waiver of 24 CFR 290.30(a), which requires the HUD-held
multifamily mortgages to be sold competitively, is needed. This
waiver will allow HUD to accept the non-competitive bid made by MHDC
and will allow the pay-off of the HUD-held Notes to facilitate the
continued redevelopment of the project. Further, granting this
waiver will ensure that the Department obtains payment in full of
the HUD-held Notes and the preservation of this affordable housing.
The waiver of 24 CFR 290.30(a) does not violate any statutory
requirements, and the review findings constitute good cause for the
waiver, as required by 24 CFR 5.110.
Contact: Thomas R. Davis, Director of Office of
Recapitalization, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6228, Washington, DC 20410,
telephone (202) 402-7549.
Regulation: 24 CFR 880.608.
Project/Activity: The owner requested a waiver of 24 CFR 880.608
in order to enable
[[Page 27641]]
the owner to participate in a 3-year study conducted by Fannie Mae
to assess whether tenant payment of a security deposit has any
effect on property performance.
Nature of Requirement: An owner participating in certain
project-based Section 8 rental assistance programs administered by
the Office of Housing must require the payment of a security deposit
by each family selected to reside in an assisted unit, at the time
of initial execution of the lease.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: July 31, 2023.
Reason Waived: The Office of Housing found that it is in the
public interest to allow for a time-limited study that will generate
a data-driven assessment of the effects on tenants, owners, and
properties from relieving tenants of the burden of paying a security
deposit. The waiver covers 64 properties.
Contact: Jennifer Lavorel, Director, Office of Asset Management
Portfolio Oversite, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Room 6180, Washington DC
20410, telephone (202) 402-2515.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
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 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Richmond Redevelopment & Housing Authority
(RRHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 20, 2023.
Reason Waived: HUD granted RRHA additional time to submit its
audited financial statements due to unforeseen circumstances. HUD
granted RRHA anadditional 92 days from the due date of June 30,
2023, and has until September 30, 2023, to complete and submit its
FYE September 30, 2022, audited financial information to the
Department without receiving an LPF score.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 905.400(i)(5)(i).
Nature of Requirement: 24 CFR 905.400(i)(5)(i), requires that
PHAs use RHF grant funds only for the development of public housing
units. Consequently, RHF cannot be used to renovate vacant public
housing units or for any modernization unless the Department grants
a waiver of 24 CFR 905.400(i)(5)(i) for good cause.
Project/Activity: New York City Housing Authority (NYCHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 28, 2023.
Reason Waived: HUD found that the funds available were
inadequate to develop new public housing units within the
expenditure deadline and NYCHA's proposed alternative use for this
funding will meet important modernization needs at these public
housing properties. HUD approved NYCHA's request for a waiver of 24
CFR 905.400(i)(5)(i) for the use of RHF funds to pay for
modernization work.
Contact: David Fleishman, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 4148, Washington DC 20410,
telephone (202) 402-2071.
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: DuPage Housing Authority (DHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: DHA indicates that its previous auditor abruptly
quit without written notification. The newly contracted auditor,
cannot complete the HUD audit by the deadline. HUD granted DHA until
September 30, 2023, to submit its audited financial information to
the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Northern Marianas Housing Corporation (TQ901).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: NMHC indicates that its previous auditor
unexpectedly withdrew from the FY 2022 audit engagement and its new
auditor cannot complete and submit audited financial information to
HUD by the due date. NMHC is requesting additional time due to this
unforeseen circumstance. HUD granted an additional 123 days from the
due date of June 30, 2023, and has until October 31, 2023, for NMHC
to complete and submit its audited financial information for the FYE
September 31, 2022, to the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 5.801(d)(1).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end.
Project/Activity: Potter County Housing and Redevelopment
Authority (PCHRA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHRA had to hire a new auditor suddenly due to
unforeseen circumstances. HUD granted an additional 183 days, and
has until September 30, 2023, to complete and submit its FYE June
30, 2022, audited financial information to the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Pinal County Housing Authority (AZ010).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHA indicates that its financial
responsibilities have been delayed due to an unexpected staff change
and its audit will not be complete by March 31, 2023. HUD granted
PCHA until September 30, 2023, to complete and submit its audited
financial information to the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 905.322(b)(1)(ii).
Nature of Requirement: Per 24 CFR 905.322(b)(1)(ii), the Actual
Modernization Cost Certificate (AMCC) for each grant is due no later
than 12 months after the expenditure deadline, but no earlier than
the obligation end date.
Project/Activity: Housing Authority of the City of Decatur
(HACD).
[[Page 27642]]
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 16, 2023.
Reason Waived: HUD determined that HACD's request provided good
cause for a waiver to submit the AMCC earlier than the obligation
end date, and as such, approves a waiver of 24 CFR 905.322(b)(1)(ii)
for HACD.
Contact: David Fleishman, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 4148, Washington, DC 20410,
telephone (202) 402-2071.
Regulation: 24 CFR 983.301(f)(2)(ii); 24 CFR 982.517.
Nature of Requirement: 24 CFR 982.517 requires that a housing
authority maintain a utility allowance schedule for all tenant-paid
utilities, and the utility allowance schedule must be determined
based on the typical cost of utilities and services paid by energy-
conservation households that occupy units of similar size and type
in the same locality. 24 CFR 983.301(f)(2)(ii) requires that housing
authorities may not establish or apply different utility allowance
amounts for the project-based voucher (PBV) program, and that the
same housing authority utility allowance schedule applies to both
tenant-based and PBV programs.
Project/Activity: New Bedford Housing Authority (NBHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 3, 2023.
Reason Waived: HUD determined that there is good cause to waive
the regulation as the utility allowance under the HCV program would
discourage conservation and lead to inefficient use of HAP funds.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-2071.
Regulation: 24 CFR 1000.336(d).
Nature of Requirement: The regulation states that the deadline
for submitting a challenge to the Census data used in computing the
FY 2025 IHBG formula allocation is March 30, 2024.
Project/Activity: Indian Housing Block Grant (IHBG).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 19, 2023.
Reason Waived: The IHBG regulation at 24 CFR 1000.336(d)
requires that Tribes and Tribally Designated Housing Entities
(TDHEs) submit documentation supporting Census challenges by March
30th to be considered for the upcoming fiscal year allocation.
However, the Census data used for computing the FY 2025 IHBG formula
allocation will not be available until September 29, 2023, which is
120 days after the June 1, 2023, standard deadline for distributing
this data to Tribes and TDHEs. As such, good cause exists to provide
additional time for Tribes and TDHEs to accommodate the delay in
data. Therefore, a waiver of the Census Challenge deadline and an
extension of the deadline to July 29, 2024, were granted to provide
Tribes and TDHEs with a similar amount of time as they had in prior
fiscal years to review their Census data.
Contact: Heidi Frechette, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 4148, Washington, DC 20410, telephone (202) 402-2071,
[email protected].
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Housing Authority of the City of St. Albans
(HACS).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 28, 2023.
Reason Waived: HACS stated that after Executive Director
turnover, issues were identified surrounding the files, maintenance,
resident relations, computers, and health and safety hazards.
Therefore, HACS was granted an additional 92 days from the due date
of September 30, 2023. HACS was granted until December 31, 2023, to
complete and submit its FYE December 31, 2022, audited financial
information to the Department without receiving an LPF.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 982.505(c)(4) Increase in Payment
Standard During Housing Assistance Payment (HAP) Contract Term.
Nature of Requirement: PHAs may request an extension of the
option to increase the payment standard for the family at any time
after the effective date of the increase, rather than waiting for
the next regular reexamination.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: Under Notice PIH 2022-30, PHAs can apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide flexibility
during the pandemic recovery. HUD expeditiously responded to these
waiver requests in accordance with Section 106 of the Department of
Housing and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Extension
Code PHA name approved
------------------------------------------------------------------------
AR004.................... Housing Authority of the City 7/25/2023
of Little Rock.
CO049.................... Lakewood Housing Authority... 8/1/2023
FL005.................... Miami-Dade Housing Agency.... 8/16/2023
FL139.................... Winter Haven Housing 7/7/2023
Authority.
IL101.................... DuPage Housing Authority..... 8/1/2023
IN002.................... Vincennes Housing Authority.. 9/20/2023
IN037.................... Mount Vernon Housing 7/25/2023
Authority.
IN080.................... Housing Authority of the City 9/20/2023
of Noblesville.
MA022.................... Malden Housing Authority..... 8/16/2023
MA075.................... Reading Housing Authority.... 7/25/2023
MA085.................... Amherst Housing Authority.... 8/25/2023
NJ099.................... Bloomfield Township HA....... 8/1/2023
NM050.................... Housing Authority of the 7/25/2023
County of Santa Fe.
NY001.................... Syracuse Housing Authority... 8/1/2023
OH042.................... Geauga Metropolitan Housing 7/25/2023
Authority.
TX027.................... McKinney Housing Authority... 9/20/2023
TX062.................... Edinburg Housing Authority... 8/1/2023
UT021.................... St. George Housing Authority. 9/25/2023
VA018.................... Franklin Redevelopment And 8/11/2023
Housing Authority.
VA025.................... Suffolk Redevelopment And 7/25/2023
Housing Authority.
VT005.................... Barre Housing Authority...... 9/20/2023
[[Page 27643]]
WA054.................... HA of Pierce County.......... 8/25/2023
WI214.................... Dane County Housing Authority 9/25/2023
WV005.................... Housing Authority of the City 7/25/2023
of Parkersburg.
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(b) Voucher Tenancy: New
Payment Standard Amount.
Nature of Requirement: PHAs may request an extension of
expedited waiver(s) to allow for establishment of payment standards
from 111 to 120 percent of the FMR.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: Under Notice PIH 2022-30, PHAs can apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide flexibility
during the pandemic recovery. HUD expeditiously responded to these
waiver requests in accordance with Section 106 of the Department of
Housing and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
PHAs:
------------------------------------------------------------------------
2023 extension
Code PHA name approved
------------------------------------------------------------------------
AR004.................... Housing Authority of the City 7/25/2023
of Little Rock.
CO040.................... Delta Housing Authority...... 8/25/2023
CO049.................... Lakewood Housing Authority... 8/1/2023
FL005.................... Miami-Dade Housing Agency.... 8/16/2023
FL071.................... Lake Wales Housing Authority. 9/29/2023
FL139.................... Winter Haven Housing 7/25/2023
Authority.
IA130.................... Upper Explorer land Regional 8/16/2023
Housing Authority.
IL101.................... DuPage Housing Authority..... 8/1/2023
IL107.................... Housing Authority of the City 8/16/2023
of North Chicago, IL.
IN037.................... Mount Vernon Housing 7/25/2023
Authority.
IN080.................... Housing Authority of the City 9/20/2023
of Noblesville.
MA022.................... Malden Housing Authority..... 8/16/2023
MA075.................... Reading Housing Authority.... 7/25/2023
MA085.................... Amherst Housing Authority.... 8/25/2023
MO037.................... Housing Authority of the City 9/20/2023
of West Plains.
NJ099.................... Bloomfield Township HA....... 8/1/2023
NJ212.................... Hamilton Township HA......... 7/25/2023
NM020.................... Housing Authority of the City 7/25/2023
of Truth Or Consequences.
NM050.................... Housing Authority of the 7/25/2023
County of Santa Fe.
NY001.................... Syracuse Housing Authority... 8/1/2023
OH042.................... Geauga Metropolitan Housing 7/25/2023
Authority.
PA024.................... Easton Housing Authority..... 9/21/2023
PA026.................... Housing Auth Co of Lawrence.. 9/6/2023
SC911.................... SC State Housing Authority... 9/20/2023
TX027.................... McKinney Housing Authority... 9/20/2023
TX062.................... Edinburg Housing Authority... 8/1/2023
TX072.................... The Housing Authority of the 9/6/2023
City of Gainesville.
UT009.................... Davis Community Housing 9/20/2023
Authority.
UT016.................... Housing Authority of Carbon 9/6/2023
County.
UT021.................... St. George Housing Authority. 9/25/2023
VA017.................... Hampton Redevelopment & 7/25/2023
Housing Authority.
VA018.................... Franklin Redevelopment And 8/11/2023
Housing Authority.
VA025.................... Suffolk Redevelopment And 7/25/2023
Housing Authority.
VT005.................... Barre Housing Authority...... 9/20/2023
WA054.................... HA of Pierce County.......... 8/25/2023
WI214.................... Dane County Housing Authority 9/25/2023
WV005.................... Housing Authority of the City 7/25/2023
of Parkersburg.
------------------------------------------------------------------------
Regulation: 24 CFR 990.145(b) Public housing dwelling
units with approved vacancies.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27644]]
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 5.801 Uniform Financial Reporting.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 902 Public Housing Assessment.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date Signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
Live Oak Housing Authority.............................. 9/29/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.322(b) Fiscal Closeout.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314 (b) -(c) (Cost and Other
Limitations; Maximum Project Cost; TDC Limit).
Project/Activity: HUD published FR-6301-N-0:1 Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314(j) (Cost and Other
Limitations; Types of Labor).
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 960.202(c)(1) Tenant Selection
Policies.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27645]]
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.206(a) (2) Waiting List; Opening
and Closing; Public Notice.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(c) (HUD approval of
exception payment standard amount).
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street, SW Suite 3180, Washington, DC 20410-5000, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County Maui Housing Authority................................ 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.401(d) Housing Quality
Standards; Space and Security.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 984.303(d) Contract of
Participation: Contract Extension.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 985 (SEMAP).
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
County of Hawaii............................................. 9/18/2023
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: Notice PIH 2018-24, Section 8 (c)
Verification of Social Security Notice (SSN).
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27646]]
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b)(1)(ii) Specific Criteria
for HUD Approval of Demo Request.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410-5000, or email
to [email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b) (2) Specific Criteria for
HUD Approval of Demo Request.
Project/Activity: HUD published FR-6301-N-01: Regulatory and
Administrative Requirement Waivers and Flexibilities Available to
HUD Public Housing and Section 8 During CY 2022 and CY 2023 to
Public Housing Agencies to Assist with Recovery and Relief Efforts
on Behalf of Families Affected by Presidentially Declared Disasters.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD establishes an expedited process for the review of waiver
requests and flexibilities for calendar years (CY) 2022 and 2023,
for Public Housing Agencies (PHAs) located within PDDs (PDD PHAs).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
[FR Doc. 2024-07956 Filed 4-16-24; 8:45 am]
BILLING CODE 4210-67-P