[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Notices]
[Pages 38786-38795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15299]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6534-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2025
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 January 1, 2025 and ending on March 31, 2025.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Amanda Wahlig, Acting Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-3055 (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 first quarter of calendar year 2025.
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
January 1, 2025 through March 31, 2025. 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 first quarter of calendar
year 2025) before the next report is published (the second quarter of
calendar year 2025), HUD will include any additional waivers granted
for the first quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Scott Knittle,
Principal Deputy General Counsel.
APPENDIX
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2025 Through
March 31, 2025
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.
[[Page 38787]]
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 92.252(d)(1).
Project/Activity: Contra Costa County, California requested that
HUD waive 24 CFR 92.252(d)(1) to allow the use of the utility
allowance established by the local public housing agency (PHA) for
the Mayfair Affordable Housing project, a HOME-assisted rental
project.
Nature of Requirement: The HOME regulations at 24 CFR
92.252(d)(1) set requirements for participating jurisdictions to
establish utility allowances in HOME-assisted rental projects and do
not include the utility allowance established by the local public
housing agency as an option. This conflicts with the Project Based
Voucher Program regulations, which require use of the public housing
agency's utility allowance.
Granted by: David C. Woll Jr, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 12, 2025.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher 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 and non-HOME-assisted units in a
project. A waiver is required to permit the project to receive both
funding sources.
Contact: Peter Huber, Acting Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7160, Washington, DC 20410, telephone (202) 402-3941.
Regulation: 24 CFR 92.252(d)(1).
Project/Activity: Mobile County, Alabama requested that HUD
waive 24 CFR 92.252(d)(1) to allow the use of the utility allowance
established by the local public housing agency (PHA) for the Creel
Road project, a HOME-assisted rental project.
Nature of Requirement: The HOME regulations at 24 CFR
92.252(d)(1) set requirements for participating jurisdictions to
establish utility allowances in HOME-assisted rental projects and do
not include the utility allowance established by the local public
housing agency as an option. This conflicts with the Project Based
Voucher Program regulations, which require use of the public housing
agency's utility allowance.
Granted by: David C. Woll Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 12, 2025.
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 an administrative burden to
require a project owner to establish and implement different utility
allowances for HOME-assisted and non-HOME-assisted units in a
project. A waiver is required to permit the project to receive both
funding sources.
Contact: Peter Huber, Acting Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7160, Washington, DC 20410, telephone (202) 402-3941.
Waiver and Alternative Requirement on the Use of Standardized Area
Median Income
Regulation: 42 U.S.C. 5302(a)(20)(A) (Waiver and
Alternative requirement on the use of Standardized Area Median
Income for Disasters Occurring in 2021/2022) for the Community
Development Block Grant disaster recovery (CDBG-DR) Notices
published in the Federal Register on May 24, 2022 at 87 FR 31636
(the ``May 2022 notice''), January 18, 2023 at 88 FR 3198 (the
``January 2023 notice''), and May 18, 2023 at 88 FR 32046 (the ``May
2023 notice'').
Project/Activity: CDBG-DR funds allocated to the Commonwealth of
Kentucky pursuant to the Disaster Relief Supplemental Appropriations
Act, 2022, and the Continuing Appropriations Act, 2023 (the
``Appropriations Acts'').
Nature of Requirement: HUD allocated CDBG-DR funds to the
Commonwealth of Kentucky for disasters occurring in 2021 and 2022 in
the 2022 notice, January 2023 notice, and the May 2023 notice. Each
of these Federal Register notices included the Consolidated Notice
as Appendix B and made the Consolidated Notice applicable to these
allocations. The Commonwealth must use its CDBG-DR funds to meet
national objectives, including national objectives which provide
benefit to low- and moderate-income persons. As defined in 42 U.S.C.
5302(a)(20)(A), the terms ``persons of low and moderate income'' and
``low- and moderate-income persons'' mean families and individuals
whose incomes do not exceed 80 percent of the median income of the
area involved, as determined by the Secretary with adjustments for
smaller and larger families. The Department received a request from
the Commonwealth to modify requirements and coordinate recovery
efforts for CDBG-DR funds appropriated under Public Laws 117-43 and
117-180, through use of a standardized area median income for
purposes of meeting the low- and moderate-income national objective.
Granted By: David C. Woll, Principal Deputy Assistant Secretary.
Date Granted: March 18, 2025.
Reason Waived: After reviewing the grantee's request, the
Department determined there was good cause to broaden 42 U.S.C.
5302(a)(20)(A) to the extent necessary to enable the Commonwealth of
Kentucky to make LMI determinations based on statewide median income
instead of otherwise applicable AMI when county AMI is below
statewide median income data. This waiver allowed the Commonwealth
of Kentucky to standardize the median income for the counties
impacted by 2021 Severe Storms, Flooding, Landslide/Mudslides,
Straight-line Winds, and Tornadoes and 2022 Flooding that have an
AMI below the statewide median income. This waiver and alternative
requirement was provided for the purpose of assisting the
populations who are in need of recovery assistance in each of the
MID areas identified by the Department and the Commonwealth for
disasters occurring in 2021 and 2022.
Applicability: This waiver is applicable to the CDBG-DR funds
awarded for major disasters occurring in 2020 and 2021 under the
Appropriations Acts for the Commonwealth of Kentucky only. HUD
broadened 42 U.S.C. 5302(a)(20)(A) to the extent necessary to enable
the Commonwealth of Kentucky to make LMI determinations based on
statewide median income instead of otherwise applicable AMI when
county AMI is below statewide median income data (as published by
the Department annually with adjustments for smaller and larger
families). In areas where this waiver and alternative requirement
permits the Commonwealth to use statewide median income for LMI
determinations, it may also use statewide median income data (as
published by HUD annually with adjustments for smaller and larger
families) to calculate 120 percent of statewide median income, and
to use 120 percent of statewide median income as a substitute for
120 percent of AMI. However, if those counties have an AMI above the
statewide median income, eligibility will continue to be defined by
the county's higher AMI standard. In granting this flexibility to
the Commonwealth of Kentucky, HUD will not consider any request to
lower the Commonwealth's requirement in regard to the overall
percentage of funds that must be used for activities that benefit
low- and moderate-income persons for its CDBG-DR funds for disasters
occurring in 2021 and 2022.
Contact: Tennille S. Parker, Director, Office of Disaster
Recovery, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street SW, Room 7282,
Washington, DC 20410, telephone (202) 708-3587.
Regulation: Section 104(e)(2) of the HCDA and 24 CFR
570.494(b)(1).
Project Activity: Due to damage caused by Hurricanes Helene and
Milton, the State of Florida has requested a waiver to the timely
distribution of CDBG funds requirement for FY2023 CDBG funds.
Nature of the Requirement: A state's distribution of CDBG funds
is timely if all the state's annual grant (excluding state
administration and other allowable adjustments) has been obligated
and announced to units of general local government within 15 months
of the state signing its grant agreement with HUD.
Granted By: David C. Woll, Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
[[Page 38788]]
Date Granted: March 10, 2025.
Reason Waived: HUD has made certain waivers available to
recipients of Community Planning and Development grant programs
impacted by Presidentially declared major disasters through the
Availability of Waivers of Community Planning and Development Grant
Program and Consolidated Plan Requirements to Facilitate Recovery
from Presidentially Declared Major Disasters memorandum, dated July
1, 2024. In accordance with the memorandum, the State additionally
requested that HUD waive the State CDBG timely distribution of funds
requirement to allow the FY2023 award's timely distribution deadline
to coincide with the FY2024 award's timely distribution deadline of
December 30, 2025. This flexibility would support disaster recovery
activities to respond to Hurricanes Helene and Milton.
Contact: Duncan Yetman, Acting Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development. 451 7th Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-7178.
Emergency Solutions Grants Program
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
to the New York State Office of Temporary and Disability Assistance
(OTDA) to allow its subrecipients to use Emergency Solutions Grants
(ESG) Program Rapid Re-housing (RRH) and Homelessness Prevention
(HP) funds for housing units with rents that exceed the HUD-
established Fair Market Rent (FMR) requirements in the following
counties: Albany, Bronx, Cattaraugus, Cayuga, Chautauqua, Clinton,
Columbia, Delaware, Dutchess, Essex, Franklin, Fulton, Greene,
Kings, Lewis, Monroe, Montgomery, New York, Onondaga, Ontario,
Orange, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland,
Saratoga, Schenectady, Schuyler, St. Lawrence, Sullivan, Tompkins,
and Ulster. The waiver permitted OTDA to allow its subrecipients to
use ESG Program RRH and HP funds for housing units in Chemung,
Livingston, Madison, and Washington Counties with rents that exceed
the HUD-established FMR requirements except for one-bedroom units
located in these areas, because average rent amounts are either
below FMR or very similar to FMR amounts for one-bedroom units in
the aforementioned jurisdictions. The waiver also permitted OTDA to
allow its subrecipients to use ESG Program RRH and HP funds for
housing units in Warren County with rents that exceed the HUD-
established FMR requirements except for two-bedroom units, because
average rent amounts in this area are either below FMR or very
similar to FMR amounts for two-bedroom units in Warren County.
OTDA and its subrecipients must still comply with the rent
reasonableness requirements in 24 CFR 576.106(d)(1). Subject to
funding availability and unless otherwise provided by HUD, the
recipient may also apply this waiver to a later fiscal year ESG
grant under the same conditions that are stated above for the
recipient's current ESG grants.
In addition to providing waiver flexibilities to OTDA, the
memorandum provides a simplified notification process for ESG
recipients in New York State to use the waiver flexibilities to
expedite the delivery of ESG rental assistance.
Nature of Requirement: 24 CFR 576.106(d)(1) provides that 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: David C. Woll, Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 2, 2025.
Reason Waived: Because ESG rental assistance is time-limited,
and program participants must find other rental assistance or pay
the full rent to stay housed at the program's end, HUD's FMR-based
restriction in 24 CFR 576.106(d)(1) serves dually as safeguard and
benchmark for successful housing placements. In some cases, though,
allowing rental assistance only in units that rent at or below HUD's
FMR can impede rather than promote the efficient use of ESG
assistance. In this case, HUD has received information showing the
current FMR is not an accurate reflection of the rental market in
affected areas identified by the recipient. The state reports that
average rents are consistently higher than FMR limits for the
affected areas. OTDA provided data showing that, on average,
communities report actual rents about 19.5 percent higher than FY
2025 FMRs for one-bedroom units and about 20.5 percent higher than
FY 2025 FMRs for two-bedroom units. Average rent amounts that exceed
FMR for one-bedroom units range from 4.9 percent greater than FMR in
Tompkins County, NY to 70 percent greater than FMR in Delaware
County, NY. Average rent amounts that exceed FMR for two-bedroom
units in the affected areas range from 1.1 percent greater than FMR
in Washington County, NY to 62.2 percent greater than FMR in Essex
County, NY. Because renting at any amount over FMR disqualifies a
unit as an eligible option for ESG assistance, these consistently
higher-than-FMR average rent amounts, coupled with a tight rental
market, continue to hamper the network of providers in their ability
to provide permanent housing solutions to households in crisis. In
circumstances like these, the costs of the FMR-based restriction
outweigh its benefits due to the challenge of finding units that
meet FMR requirements.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7262, Washington, DC 20410, telephone number (202) 708-4300.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: Temporary, Partial Waiver of 24 CFR
200.926d(c)(4).
Project/Activity: Nationwide--New Construction--FHA SF Mortgage
Insurance
Nature of Requirement: Single Family Minimum Property Standards
Drainage and flood hazard exposure, which addresses new construction
requirements for residential structures under HUD's mortgage
insurance programs. The regulation requires that the lowest floor in
newly constructed structures located within the one-percent-annual-
chance (100-year) floodplain be built at least two feet above the
Base Flood Elevation (BFE).
Granted by: Matthew Ammon, Performing the Delegable Duties of
the Deputy Secretary.
Date Granted: February 21, 2025.
Reason Waived: To assist in ensuring the continued availability
of FHA new construction financing options to expand the housing
supply and deliver emergency housing price relief, a partial waiver
of the requirement was granted.
Contact: Brian Faux, Director, Office of Single Family Program
Development, Office of Housing, Department of Housing and Urban
Development, 451 7th Street SW, Washington DC 20410, telephone (202)
402-5081, email [email protected].
Regulation: Temporary Waiver of 24 CFR 202.5(n)(3), Net
Worth.
Project/Activity: Temporary Waiver of 24 CFR 202.5(n)(3) Net
Worth, for a low income credit union (LICU) that would meet HUD's
net worth requirement in 24 CFR 202.5(n)(2)(i) with the inclusion of
any subordinate debt or grandfathered secondary capital that the
National Credit Union Administration (NCUA) allows LICUs to treat as
regulatory capital for capital adequacy and prompt corrective action
purposes. For the duration of this waiver, a LICU must maintain its
status as a ``Well Capitalized Credit Union'' as defined by NCUA's
regulations.
Nature of Requirement: Temporary Waiver of the 24 CFR
202.5(n)(3) requirement that ``Irrespective of size, each applicant
and each approved lender or mortgagee, for participation solely
under the FHA single family programs, shall have a net worth of not
less than $1 million, plus an additional net worth of one percent of
the total volume in excess of $25 million of FHA single family
insured mortgages originated, underwritten, purchased, or serviced
during the prior fiscal year, up to a maximum required net worth of
$2.5 million. No less than 20 percent of the applicant's or approved
lender or mortgagee's required net worth must be liquid assets
consisting of cash or its equivalent acceptable to the Secretary.''
This waiver is limited to Fiscal Years 2024 and 2025 and only
applies to a credit union (LICU) that would meet HUD's net worth
requirement in 24 CFR 202.5(n)(2)(i) with the inclusion of any
subordinate debt or grandfathered secondary capital that the
National Credit Union Administration (NCUA) allows LICUs to treat as
regulatory capital for capital adequacy and prompt corrective action
purposes. For the duration of this waiver, a LICU must maintain its
status as a ``Well Capitalized Credit Union'' as defined by NCUA's
regulations.
[[Page 38789]]
Granted by: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 15, 2025.
Reason Waived: 1. For years, LICUs have issued subordinated debt
and grandfathered secondary capital as a method of funding expanded
lending and financial services in the communities served by those
credit unions and to serve as a further capital buffer to absorb any
losses by those LICUs that would threaten their safety and
soundness. The NCUA has strict requirements regarding the issuance
of subordinated debt and grandfathered secondary capital.
2. Under U.S. Generally Accepted Accounting Principles (GAAP),
subordinated debt and grandfathered secondary capital are treated as
debt which lowers a LICU's adjusted net worth and can result in
LICUs no longer being eligible to participate in FHA programs
because of the net worth requirement set forth in 24 CFR
202.5(n)(2)(i) despite the fact that they may be classified as a
``Well Capitalized Credit Union'' by the NCUA.
3. Pursuant to 12 CFR 702.2, 702.407 and 702.414, the NCUA
allows LICUs to treat the outstanding principal amount of
subordinated debt and grandfathered secondary capital as regulatory
capital provided that the obligations are uninsured and subordinate
to all other claims against the credit union, including the claims
of creditors, shareholders, and the National Credit Union Share
Insurance Fund.
4. A LICU holding subordinated debt or grandfathered secondary
capital that maintains its status as a ``Well Capitalized Credit
Union'' does not pose an increased financial risk to the Mutual
Mortgage Insurance Fund. Moreover, excluding these credit unions
from participation in FHA programs could hinder HUD's ability to
meet the housing needs of borrowers the single-family mortgage
insurance program is designed to serve.
Contact: Glenn Dumont, Director, Office of Lender Activities and
Program Compliance, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW, Washington DC 20410, telephone
(202) 402-3735, email [email protected].
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 982.201(e) and 24 CFR 983.251(a)(2).
Nature of Requirement: 24 CFR 982.201(e) and 24 CFR
983.251(a)(2) pertain to the verification of date of birth, income,
and disability status, as well as the eligibility determination, for
the HCV and PBV programs.
Project/Activity: Housing Authority of the City of Los Angeles
(HACLA).
Granted By: Richard J. Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: January 15, 2025.
Reason Waived: Based on the information submitted by HACLA with
regard to the size of the homeless population, the emergency
declarations related to homelessness in HACLA's jurisdiction, and
HACLA's progress in housing persons experiencing homelessness, HUD
has found good cause to approve the requested waivers.
Contact: Carmen Chow, Housing Program Specialist, Housing
Voucher Management and Operations Division, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410, telephone (312) 913-8523, email
[email protected].
Regulation: 24 CFR 982.634(a).
Nature of Requirement: 24 CFR 982.634(a): Except in the case of
a family that qualifies as an elderly or disabled family (see
paragraph (c) of this section), the family members described in
paragraph (b) of this section shall not receive homeownership
assistance for more than 15 years, if the initial mortgage incurred
to finance purchase of the home has a term of 20 years or longer; or
10 years, in all other cases.
Project/Activity: Housing Authority of the City of Bristol
(BHA).
Granted By: Dominique Blom, General Deputy Assistant Secretary,
Office of Public and Indian Housing.
Date Granted: January 23, 2025.
Reason Waived: Based on the information that BHA has provided,
including that without this waiver the Nadimi family would likely
face foreclosure as a result of program termination, HUD has
determined good cause and has granted the requested waiver to allow
the Nadimi family to continue receiving HCV Homeownership assistance
for a period of one year.
Contact: Claudia Brienza, Senior Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th Street SW, Washington, DC 20410, telephone (603) 666-0000, email
[email protected].
Regulation: 24 CFR 5.216(e)(2)(ii), 24 CFR 5.218(c)(2).
Nature of Requirement: 24 CFR 5.216(e)(2)(ii) provides that when
a participant requests to add a new household member who is under
the age of 6 and has not been assigned a SSN, the participant shall
be required to provide the complete and accurate SSN assigned to
each new child and the documentation referred to in 24 CFR
5.216(g)(1) to verify the SSN for each new child within 90 calendar
days of the child being added to the household. The processing
entity shall grant an extension of one additional 90-day period if
the processing entity, in their discretion, determines that the
participant's failure to comply was due to circumstances that could
not have reasonably been foreseen and were outside the control of
the participant. 24 CFR 5.218(c)(2) provides that the processing
entity must terminate the assistance or terminate the tenancy, or
both of a participant and the participant's household, in accordance
with the provisions governing the program involved, if the
participant does not meet the applicable SSN disclosure,
documentation, and verification requirements specified in 24 CFR
5.216. The processing entity may defer termination and provide the
participant with an additional 90 calendar days to disclose an SSN,
but only if the processing entity, in their discretion, determines
that the failure to meet these requirements was due to circumstances
that could not have reasonably been foreseen and were outside the
control of the participant; and there is a reasonable likelihood
that the participant will be able to disclose an SSN by the
deadline.
Project/Activity: Housing Authority of the County of Alameda
(HACA).
Granted By: Dominique Blom, General Deputy Assistant Secretary,
Office of Public and Indian Housing.
Date Granted: January 24, 2025.
Reason Waived: Based on multiple factors and circumstances
provided by HACA regarding Ms. Wells and her household, and as HUD
finds these circumstances to be beyond Ms. Wells' control, and as it
is evident that Ms. Wells and the Alameda County Social Services
Agency appear to be committed to taking the necessary steps in order
to obtain the SSNs, and as HACA has provided a detailed timeline and
evidence that shows the reasonable likelihood that the participant
will be able to disclose the social security numbers by May 31,
2025, HUD finds good cause and has granted the waivers.
Contact: Carmen Chow, Housing Program Specialist, Housing
Voucher Management and Operations Division, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410, telephone (312) 913-8523, email
[email protected].
Regulation: 24 CFR 983.301(f)(4).
Nature of Requirement: 24 CFR 983.301(f)(4) states that the
Department may establish a process allowing public housing agencies
(PHAs) to adopt project-specific utility allowances by notification
in the Federal Register subject to public comment. Absent the
establishment of such a project-specific utility allowance, the
PHA's utility allowance schedule as determined under 24 CFR
982.517(b)(2)(i) or (ii) applies to both the tenant-based and PBV
programs.
Project/Activity: County of Hawai[revaps]i Office of Housing and
Community Development (OHCD).
Granted By: Dominique Blom, General Deputy Assistant Secretary,
Office of Public and Indian Housing.
Date Granted: January 30, 2025.
Reason Waived: Based on the information OHCD provided, including
that OHCD anticipates that the energy efficiency upgrades
incorporated into the project will significantly lower utility
consumption below the current estimates derived from the Housing
Choice Voucher (HCV) Utility Allowance (UA), and that the existing
area-wide UA is excessive considering these energy-efficient
improvements, which would result in an inefficient use of HCV
program funds, HUD finds good cause and has granted the waivers.
Contact: Jerone L. Anderson, Housing Programs Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th
[[Page 38790]]
Street SW, Washington, DC 20410, telephone (202) 402-6709, email
[email protected].
Regulation: 24 CFR 982.201(e), 24 CFR 983.251(a)(2).
Nature of Requirement: 24 CFR 982.201(e) and 24 CFR
983.251(a)(2) pertain to the verification of date of birth, income,
and disability status, as well as the eligibility determination, for
the HCV and PBV programs.
Project/Activity: Michigan State Housing Development Authority
(MSHDA).
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
Date Granted: February 20, 2024.
Reason Waived: Based on the information provided by MSHDA,
including that 53 percent of all new admissions from July 2023 to
July 2024 were experiencing homelessness, and that MSHDA will
continue to experience delays in the lease-up process for such
admissions, HUD finds good cause and has granted the waiver.
Contact: Carmen Chow, Housing Program Specialist, Housing
Voucher Management and Operations Division, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410, telephone (312) 913-8523, email
[email protected].
Regulation: 24 CFR 983.301(f)(4).
Nature of Requirement: 24 CFR 983.301(f)(4) states that the
Department may establish a process allowing public housing agencies
(PHAs) to adopt project-specific utility allowances by notification
in the Federal Register subject to public comment. Absent the
establishment of such a project-specific utility allowance, the
PHA's utility allowance schedule as determined under 24 CFR
982.517(b)(2)(i) or (ii) applies to both the tenant-based and PBV
programs.
Project/Activity: Mid-Columbia Housing Authority (MCHA).
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
Date Granted: March 14, 2025.
Reason Waived: Based on the information provided by MCHA,
including that due to energy efficient upgrades at the project, the
anticipated tenant consumption is presumed to be lower than the
estimated consumption calculated from the MCHA's community-wide
Housing Choice Voucher (HCV) Utility Allowance and thereby promotes
utility conservation, HUD finds this to be good cause and grants the
waiver.
Contact: Jerone L. Anderson, Housing Programs Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th Street SW, Washington, DC 20410, telephone (202) 402-6709, email
[email protected].
Regulation: 24 CFR 982.201(e), 24 CFR 983.251(a)(2), 24
CFR 960.259(a), 24 CFR 960.259(a)(1), 24 CFR 960.259(a)(2), 24 CFR
960.259(c), and 24 CFR 960.259(c)(1).
Nature of Requirement: 24 CFR 982.201(e), 24 CFR 983.251(a)(2),
24 CFR 960.259(a), 24 CFR 960.259(a)(1), 24 CFR 960.259(a)(2), 24
CFR 960.259(c), and 24 CFR 960.259(c)(1) pertain to the verification
of date of birth, income, and disability status, as well as the
eligibility determination, for the HCV and PBV programs.
Project/Activity: Miami-Dade Public Housing and Community
Development (MPHCD).
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
Date Granted: March 21, 2025.
Reason Waived: Based on the information provided by MPHCD;
including that their 2024 Point in Time Count identified 1,033
people experiencing unsheltered homelessness in Miami-Dade County
(MDC), where MPHCD operates; and that MDC is engaged in a HUD
sponsored approach called the Housing Central Command (HCC); and
that HCC uses a disaster response approach to rapidly house people
directly from encampments; and that analysis of the first 7
households referred to the MPHCD in the HCC effort showed that these
households required between 49 and 120 additional days to verify
income, 17 to 54 additional days to verify date of birth, and 41 to
78 additional days to verify disability; and that the HCC approach
is going to be expanded, which would result in an increased number
of applicants with extended waiting times; HUD finds good cause and
grants the requested waivers.
Contact: Susannah Roetlin, Senior Housing Program Specialist,
Housing Vouchers Management and Operations Division, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW, Washington, DC 20410, telephone
(303) 672-5090, email [email protected].
Regulation: 24 CFR 983.260 and 24 CFR 982.402(b).
Nature of Requirement: 24 CFR 983.260 provides in relevant part:
``The public housing agency (PHA) subsidy standards determine the
appropriate unit size for the family size and composition. . .'' and
that ``if the PHA determines that a family is occupying a wrong-size
unit, or a unit with accessibility features that the family does not
require and the unit is needed by a family that requires the
accessibility features (see 24 CFR 8.27), the PHA must: (i) Within
30 days from the PHA's determination, notify the family and the
owner of this determination; and (ii) Within 60 days from the PHA's
determination, offer the family continued housing assistance,
pursuant to paragraph (b) of this section.'' 24 CFR 982.402(b)
provides in relevant part: ``Determining family unit size. The
following requirements apply when the PHA determines family unit
size under the PHA subsidy standards: (1) The subsidy standards must
provide for the smallest number of bedrooms needed to house a family
without overcrowding.''
Project/Activity: Tuscaloosa Housing Authority (THA), Valor
Grove.
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
Date Granted: March 25, 2025.
Reason Waived: To protect the families currently living in the
THA units, and to ensure they are not displaced from their homes,
and in consideration of the tight rental market in Tuscaloosa, and
because the project is located on a Veterans' Affairs campus that
provides services to the current families, HUD finds good cause to
grant the requested waivers on a limited basis, subject to certain
conditions.
Contact: Molly Allen, Senior Housing Program Specialist, Housing
Voucher Management and Operations Division, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410, telephone (678) 732-2093, email
[email protected].
Regulation: 24 CFR 983.260 and 24 CFR 982.402(b).
Nature of Requirement: 24 CFR 983.260 provides in relevant part:
``The public housing agency (PHA) subsidy standards determine the
appropriate unit size for the family size and composition. . .'' and
that ``if the PHA determines that a family is occupying a wrong-size
unit, or a unit with accessibility features that the family does not
require and the unit is needed by a family that requires the
accessibility features (see 24 CFR 8.27), the PHA must: (i) Within
30 days from the PHA's determination, notify the family and the
owner of this determination; and (ii) Within 60 days from the PHA's
determination, offer the family continued housing assistance,
pursuant to paragraph (b) of this section.'' 24 CFR 982.402(b)
provides in relevant part: ``Determining family unit size. The
following requirements apply when the PHA determines family unit
size under the PHA subsidy standards: (1) The subsidy standards must
provide for the smallest number of bedrooms needed to house a family
without overcrowding.''
Project/Activity: Tuscaloosa Housing Authority (THA), Rosedale.
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
Date Granted: March 26, 2025.
Reason Waived: To protect the families currently living in the
THA units, and to ensure they are not displaced from their homes,
and in consideration of the tight rental market in Tuscaloosa, and
because the project is located on a Veterans' Affairs campus that
provides services to the current families, HUD finds good cause to
grant the requested waivers on a limited basis, subject to certain
conditions.
Contact: Ryan Jones, Director, Housing Voucher Management and
Operations Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 7th Street SW, Washington, DC
20410, telephone (202) 402-2677, email [email protected].
Regulation: 24 CFR 982.161(a).
Nature of Requirement: 24 CFR 982.161(a): neither the PHA nor
any of its contractors may enter into any contract or arrangement in
connection with the HCV program in which any of certain classes of
persons have any interest, direct or indirect, during tenure or for
one year thereafter.
Project/Activity: Executive Office of Housing and Livable
Communities (EOHLC).
Granted By: Benjamin Hobbs, Principal Deputy Assistant
Secretary, Office of Public and Indian Housing.
[[Page 38791]]
Date Granted: March 26, 2025.
Reason Waived: To protect the families currently living in the
EOHLC units, in consideration of the difficulty in leasing new units
in Massachusetts, HUD finds good cause to grant the requested waiver
on a limited basis, subject to certain conditions.
Contact: Melissa West, Senior Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th Street SW, Washington, DC 20410, telephone (303) 672-5352, email
[email protected].
Extended Streamlined Waivers
Regulation: 24 CFR 982.201(e) and 24 CFR 960.259.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.201(e) and 24 CFR Sec.
960.259 pertain to verifying a family member's disability status
and/or date of birth at the time of admission; and the impact that
determination has on the family's eligible expenses and deductions.
The PHA must receive information verifying that an applicant is
eligible within the period of 60 days before the PHA issues a
voucher to the applicant. The family must supply any information
that the PHA or HUD determines is necessary in administration of the
public housing program, including submission of required evidence of
citizenship or eligible immigration status. Also, the PHA must
obtain and document in the family file third-party verification of
reported family annual income; the value of assets; expenses related
to deductions from annual income; and other facts that affect the
determination of adjusted income or income-based rent or must
document in the file why third-party verification was not available.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
This waiver was provided to allow PHAs to accept a self-
certification from the applicable family, if the family is unable to
provide third-party verification of date of birth and/or disability
status, because of loss or lack of documents. This allows families
to be housed more quickly in the aftermath of a disaster when the
need for and access to housing is hampered by the disaster.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th St SW, Suite 3180, Washington, DC 20410, telephone (202) 402-
7026 or email to [email protected].
----------------------------------------------------------------------------------------------------------------
Code PHAs Waiver signed
----------------------------------------------------------------------------------------------------------------
NC007.......................................... Asheville Housing Authority........... 3/19/2025
CA079.......................................... City of Pasadena...................... 3/14/2025
----------------------------------------------------------------------------------------------------------------
Regulation: 24 CFR 982.201(e), 24 CFR 960.259(a)(1), 24
CFR 960.259(a)(2), and 24 CFR 960.259(c).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.201(e), 24 CFR 960.259(a)(1),
24 CFR 960.259(a)(2), and 24 CFR 960.259(c) pertain to a PHA's
requirement to verify a family's income eligibility within 60 days
prior to voucher issuance for the tenant-based voucher program and
prior to admission for the project-based voucher and public housing
programs.
Reason Waived: PHAs are required to verify a family's income
eligibility within 60 days prior to voucher issuance. Disaster
impacted the ability of families to provide the necessary
documentation verifying eligibility, thus delaying the ability of
the PHA to provide assistance to the family. This waiver was
provided to allow PHAs to accept a self-certification from the
applicable family, if the family is unable to provide third-party
verification of date of birth and/or disability status, because of
loss or lack of documents. This allows families to be housed more
quickly in the aftermath of a disaster when the need for and access
to housing is hampered by the disaster.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
CA079................... City of Pasadena........... 3/14/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.206(a)(2) and 24 CFR 960.206.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.206(a)(2) and 24 CFR 960.206
pertain to a PHA's requirement to give the public notice by
publication in a local newspaper of general circulation, and also by
minority media and other suitable means. The notice must comply with
HUD fair housing requirements. The PHA may adopt a system of local
preferences for selection of families admitted to the PHA's public
housing program. The PHA system of selection preferences must be
based on local housing needs and priorities as determined by the
PHA. In determining such needs and priorities, the PHA shall use
generally accepted data sources. Such sources include public comment
on the PHA plan and on the consolidated plan for the relevant
jurisdiction.
Reason Waived: The impact of a disaster necessitated a change in
the status of the PHA's waiting list to meet the emergency needs of
the community. Typical means of communicating such changes may not
be available or may unnecessarily delay the PHA's actions and
ability to assist families impacted by the disaster. This waiver
allows for streamlined public notification.
Granted by: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
CA002.................. LACDA...................... 2/14/2025
------------------------------------------------------------------------
[[Page 38792]]
Regulation: Notice PIH 2011-65: Timely Reporting
Requirements of the Family Report (Form HUD-50058).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs must submit family reports no later
than 60 calendar days from the effective date of any action recorded
on line 2b of Form HUD-50058 or Form HUD-50058 MTW).
Reason Waived: Disaster impacted the ability of the PHA to
timely submit family reports as a result of destruction to PHA
technology infrastructure, the impact of disaster on personnel, or
the prioritization by the PHA staff on disaster response.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
CA079................... City of Pasadena........... 3/14/2025
NC080................... Marshall Housing Authority. 2/7/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.516(a)(2), 24 CFR 982.516(3),
and 24 CFR 960.259(c).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.516(a)(2), 24 CFR 982.516(3),
and 24 CFR 960.259(c) pertain to a PHA's requirement to, in the
tenant file, obtain and document third-party verification of
specific factors, or must document in the tenant file that third
party verification was not available.
Reason Waived: Disaster impacted the ability of the PHA to
obtain and document third-party verification. Some places of
business may not be able to provide the verification as a result of
the disaster. The PHA may also be prioritizing disaster response
actions and not have the capacity to go through the verification
hierarchy.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
CA079................... City of Pasadena........... 3/14/2025
NC080................... Marshall Housing Authority. 2/7/2025
------------------------------------------------------------------------
Regulation: 24 CFR 5.703(d)(5).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 5.703(d)(5): For units assisted
under the HCV or PBV program, the unit must have at least one
bedroom or living/sleeping room for each two persons.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
CA079................... City of Pasadena........... 3/14/2025
NC080................... Marshall Housing Authority. 2/7/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(c).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.503(c): To substantiate the
need for an exception payment standard usually a PHA must provide
data about the local market, as well as other program related
information. However, in a PDD the typical data sources fail to
capture conditions on the ground. In these cases, a PHA must provide
available data on pre-disaster HCV time to lease and success rates,
its pre-disaster payment standards, the exception payment standards
amount being requested, and the need for the requested amounts.
Reason Waived: The PHA was able to provide evidence that
indicated a need for an exception payment standard resulting from
the negative impact of the disaster on the local housing market.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
(DENIED).
CA079................... City of Pasadena........... 3/14/2025
------------------------------------------------------------------------
[[Page 38793]]
Regulation: 24 CFR 982.54(d)(2).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR Sec. 982.54(d)(2): Issuing or
denying vouchers, including PHA policy governing the voucher term
and any extensions of the voucher term. If the PHA decides to allow
extensions of the voucher term, the PHA Administrative Plan must
describe how the PHA determines whether to grant extensions, and how
the PHA determines the length of any extension.
Reason Waived: PHAs have discretion to establish the term of the
voucher, beyond 60 days, and its extension policies. The disaster
impacts the ability of a family searching with a voucher to find
suitable housing. necessitating an immediate change to the PHA's
policies. Failure to expeditiously update the PHA's policy may
result in the voucher being cancelled by the PHA.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
CA111................... Santa Monica Housing 2/24/2025
Authority.
CA079................... City of Pasadena........... 3/14/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.305(c).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: When a PDD impacts an owner's ability to
collect the documents, the PHA must use best efforts to execute the
HAP contract before the beginning of the lease term. The HAP
contract must be executed no later than 60 calendar days from the
beginning of the lease term. A HAP contract executed after the 60-
day period is void.
Reason Waived: The disaster impacted the ability to execute HAP
contract between the PHA and owner. Without this waiver, a delayed
HAP contract results in the delay of payment to the owner, making it
harder to attract owners to the HCV program. A failure to execute
the HAP contract timely voids the HAP contract, putting the housing
status of the family at risk.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
CA079................... City of Pasadena........... 3/14/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.633(a).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.633(a): Homeownership
assistance may only be paid while the family is residing in the
home. If the family moves out of the home, the PHA may not continue
homeownership assistance after the month when the family moves out.
The family or lender is not required to refund to the PHA the
homeownership assistance for the month when the family moves out.
Reason Waived: This waiver will allow the PHA to continue paying
the housing assistance payment in cases where the family is unable
to occupy their home due to damage caused by the disaster. This
allows families to comply with the mortgage requirements to keep
their home while making the necessary repairs to reoccupy the home.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.54(a).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.54(a): The PHA must adopt a
written Administrative Plan that establishes local policies for
administration of the program in accordance with HUD requirements.
The Administrative Plan and any revisions of the plan must be
formally adopted by the PHA Board of Commissioners or other
authorized PHA officials. The Administrative Plan states PHA policy
on matters for which the PHA has discretion to establish local
policies.
Reason Waived: The PHA has the option to adopt certain
discretionary policies in the administration of its Housing Choice
Voucher program. This waiver reduces the administrative burden for
PHAs to implement temporary changes in policy necessitated by
disaster to provide relief to families impacted.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC007................... Asheville Housing Authority 3/19/2025
CA079................... City of Pasadena........... 3/14/2025
NC080................... Marshall Housing Authority. 2/7/2025
CA111................... Santa Monica Housing 2/24/2025
Authority.
[[Page 38794]]
CA002................... LACDA...................... 2/14/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.405(b).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.405(b): Periodic Inspections.
The PHA must inspect the unit at least biennially during assisted
occupancy to ensure that the unit continues to meet the HQS, except
that a small rural PHA, as defined in Sec. 902.101 of this title,
must inspect a unit once every three years during assisted occupancy
to ensure that the unit continues to meet the HQS.
Reason Waived: This waiver will allow the PHA to prioritize
recovery efforts and focus on other inspections necessitated by the
disaster.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
CA079................... City of Pasadena........... 3/14/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.312.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: This regulation requires that a family
may not be absent from a unit for a period of more than 180
consecutive calendar days for any reason. Under this document, PDD
PHAs may seek waiver approval to extend the period of absence from
180 days to 240 days and maintain documentation in the tenant file
indicating unit is under a PDD which resulted in extended absence.
Reason Waived: This waiver will allow PHAs to provide relief to
displaced families as they search for housing in a competitive
rental market with ongoing fluctuations and disruptions.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
CA111................... Santa Monica Housing 2/24/2025
Authority.
CA079................... City of Pasadena........... 3/14/2025
NC080................... Marshall Housing Authority. 2/7/2025
------------------------------------------------------------------------
Regulation: 24 CFR 982.455, 24 CFR 983.258, and 24 CFR
983.211(a).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.455: The HAP contract
terminates automatically 180 calendar days after the last housing
assistance payment to the owner. 24 CFR 983.258: Housing assistance
payments shall continue until the tenant rent equals the rent to
owner. The cessation of housing assistance payments at such point
will not affect the family's other rights under its lease, nor will
such cessation preclude the resumption of payments as a result of
later changes in income, rents, or other relevant circumstances if
such changes occur within 180 days following the date of the last
housing assistance payment by the PHA. After the 180-day period, the
unit shall be removed from the HAP contract pursuant to Sec.
983.211. 24 CFR 983.211(a): Removal of a unit based on a family's
increased income. Units occupied by families whose income has
increased during their tenancy resulting in the total tenant payment
equaling the gross rent shall be removed from the HAP contract 180
days following the last housing assistance payment on behalf of the
family.
Reason Waived: This waiver will reduce the administrative burden
for PHAs and allow PHAs to provide relief to families by ensuring
they do not lose their housing assistance if they experience a loss
of income during the extending period.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
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Code PHAs Waiver signed
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CA079................... City of Pasadena........... 3/14/2025
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Regulation: Notice PIH 2018-1, Section 9: Guidance on
Small Area Market Rent (SAFMR) and Payment Standard.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs may request a suspension or
temporary exemption from using SAFMRs. A PDD PHA can request a
suspension or temporary exemption from the requirement to use
SAFMRs, and HUD can provide such an extension, through this waiver
process rather than following the requirements and process outlined
in Notice PIH 2018-1, which would normally be required.
Reason Waived: This waiver is to temporarily exempt the PHA from
implementing SAFMRs will allow the PHA to prioritize recovery
efforts and allow for the housing market to stabilize before the
PHAs can adequately assess and apply SAFMRs when fluctuating rental
prices and lack of supply stabilized.
Granted by: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180,
[[Page 38795]]
Washington, DC 20410, telephone (202) 402-7026 or email to
[email protected].
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Code PHAs Waiver signed
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GA001................... Augusta Housing Authority.. 1/8/2025
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Regulation: 24 CFR 985.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 985 defines and outlines
regulations the Section 8 Management Assessment Program (SEMAP) and
small rural PHA assessments.
Reason Waived: For a PDD PHA that has a SEMAP score due during
calendar year (CY) 2024 or CY2025, HUD may consider a request to
carry forward the last SEMAP score received by the PHA and forego
HUD performing an assessment for CY2024 or CY2025, as applicable.
This waiver will reduce the administrative burden for PHAs
experiencing a disruption of the PHA's administrative operations
caused by the disaster and the need to prioritize disaster relief
and recovery efforts.
Granted by: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
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Code PHAs Waiver signed
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RQ059................... Municipality of Aibonito... 2/13/2025
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Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: These requirements pertain to the filing
of financial reports for entities matching several different
parameters and the reporting compliance dates for said entities.
Reason Waived: REAC grants an extension for the submission of
financial audits for entities in presidentially declared disaster
areas to allow affected entities to focus on disaster response and
recovery efforts while prioritizing public safety and effective
resource management. Financial audits will need to be submitted once
conditions stabilize to maintain compliance and accountability.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
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Code PHAs Waiver signed
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NC007................... Asheville Housing Authority 3/19/2025
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Regulation: 24 CFR 990.145(b)(2).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 990.145(b)(2): Disasters. Units
that are vacant due to a federally declared, state-declared, or
other declared disaster.
Reason Waived: Disaster affected the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
Notice FR-6438-N-01 allows administrative flexibilities during
presidentially declared disasters using a streamlined process. This
allows families to be housed more quickly in the aftermath of a
disaster when the need for and access to housing is hampered by the
disaster.
Granted by: Heidi Frechette, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410, telephone (202)
402-7026 or email to [email protected].
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Code PHAs Waiver signed
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NC007................... Asheville Housing Authority 3/19/2025
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[FR Doc. 2025-15299 Filed 8-11-25; 8:45 am]
BILLING CODE 4210-67-P