Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment; Waiver Revision and Reopening of Comment Period, 20912-20916 [2017-09139]
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20912
Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5994–N–02]
Operations Notice for the Expansion of
the Moving To Work Demonstration
Program Solicitation of Comment;
Waiver Revision and Reopening of
Comment Period
II. Revisions to Parameters of Waivers
Office of Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
This notice revises the
parameters of three waiver provisions
and reopens the comment period for
HUD’s January 23, 2017 Federal
Register notice entitled ‘‘Operations
Notice for the Expansion of the Moving
To Work Demonstration Program
Solicitation of Comment.’’
DATES: Comment due date: The
comment deadline for the January 23,
2017 notice, as revised by this notice, is
June 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Marianne Nazzaro, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4130, Washington, DC
20410; email address mtw-info@
hud.gov.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3GDR082PROD with NOTICES
SUMMARY:
I. Background
The MTW demonstration program
was established under Section 204 of
Title II of section 101(e) of the Omnibus
Consolidated Rescissions and
Appropriations Act of 1996, Public Law
104–134 (approved April 26, 1996). The
demonstration was significantly
expanded under the 2016 MTW
expansion statute, Section 239 of
Division L, Title IV of the Consolidated
Appropriations Act, 2016, Public Law
114–113 (approved December 18, 2015)
(2016 MTW expansion). The 2016 MTW
expansion authorizes HUD to expand
the MTW demonstration program from
the current level of 39 PHAs to an
additional 100 PHAs over a period of
seven years.
On January 23, 2017 (82 FR 8056),
HUD published in the Federal Register
a notice that sought comment on the
proposed methods of operations for
PHAs joining the MTW demonstration
through the 2016 MTW expansion.
Included in that notice are appendices
that list available waivers, and the
parameters of those waivers. These
include Appendix A, ‘‘General Waivers’’
(82 FR 8071 et seq.), and Appendix B,
‘‘Conditional Waivers’’ (82 FR 8076 et
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14:39 May 03, 2017
Jkt 241001
seq.). General waivers are those that will
be granted without HUD review beyond
the MTW application review.
Conditional waivers are those waivers
that will be granted following additional
HUD review and approval.
This notice makes a revision to one of
the Appendix A waivers, and two of the
Appendix B waivers.
A. Appendix A: General Waivers
For the waiver entitled
‘‘Authorizations Related to Family Self
Sufficiency,’’ one of the available
activities listed in the fourth column is:
‘‘The Agency is authorized to develop
its own recruitment and selection
procedures for its FSS program(s).’’ In
the fifth column, ‘‘Parameters,’’ the
corresponding statement as originally
published (82 FR 8072 (January 23,
2017)) reads:
Recruitment, eligibility, and selection
policies and procedures must be consistent
with the Department’s nondiscrimination
and equal opportunity requirements. Agency
may not require families to participate in the
program as a condition of receiving housing
assistance. Agency may not include current
work status, work history and/or source of
income as part of the selection criteria.
‘‘Family’’ is not limited to families with a
member who is able to work full time, but
is defined broadly so as not to exclude
families with a member who is disabled but
able to work, disabled but unable to work, or
working as a caregiver for a family member
with a disability.
This statement is revised by this notice
to remove the second sentence and add
two new sentences in its place, so that
the statement reads (emphasis added):
Recruitment, eligibility, and selection
policies and procedures must be consistent
with the Department’s nondiscrimination
and equal opportunity requirements. A PHA
may make FSS participation mandatory by
waiving the statutory and regulatory
definition of FSS family or participating
family which is ‘‘a family that resides in
public housing or receives assistance under
the rental certificate or rental voucher
programs, and that elects to participate in
the FSS program’’ (24 CFR 984.103(b)). The
Agency may not make FSS participation
mandatory for individuals that do not meet
the definition of an eligible family at Section
23(n)(3) of the U.S. Housing Act of 1937
(1937 Act), 42 U.S.C. 1437u(n)(3), and those
exempted from the Community Service
Requirement under Section 12(c)(2)(A), (B),
(D) and (E) of the 1937 Act, 42 U.S.C.
1437j(c)(2)(A), (B), (D), and (E). If the Agency
requires FSS participation as a condition for
housing subsidy, the Agency must develop
and adopt a non-compliance policy and a
hardship exemption policy and conduct an
impact analysis in accordance with MTW
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guidance prior to the implementation of the
activity. If an Agency terminates the housing
subsidy or tenancy of a family for alleged
violation of mandatory FSS participation, it
will provide a notice at least 60 days prior
to the date of termination informing the
family that it is entitled to a hearing under
the procedures stated in the Agency’s
Grievance Procedure (24 CFR part 966,
subpart B). Any resulting termination of
assistance or tenancy must be based on the
noncompliance policy, and there shall be no
termination of tenancy or assistance if such
action would result in hardship for the family
under the hardship policy. The
noncompliance policy may not include
minor infractions of FSS as a basis for
termination of tenancy or subsidy. An
Agency may not include current work status,
work history and/or source of income as part
of the selection criteria. ‘‘Family’’ is not
limited to families with a member who is
able to work full time, but is defined broadly
so as not to exclude families with a member
who is disabled but able to work, disabled
but unable to work, or working as a caregiver
for a family member with a disability.
B. Appendix B: Conditional Waivers
For waiver 3 under the ‘‘Activities
Related to Public Housing’’ heading,
entitled ‘‘PH—Work Requirements,’’ the
first sentence of the ‘‘Available
Activities’’ statement as originally
published (82 FR 8079 (January 23,
2017)) reads:
Work Requirement (PH): The Agency may
implement a work requirement for public
housing residents between the ages of 18 and
54.
This sentence is revised to read:
Work Requirement (PH): The Agency may
implement a work requirement for public
housing residents between the ages of 18 and
61.
For waiver 6 under the ‘‘Activities
Related to Housing Choice Vouchers’’
heading, entitled ‘‘HCV & PBV—Work
Requirements,’’ the first sentence of the
‘‘Available Activities’’ statement as
originally published (82 FR 8079
(January 23, 2017)) reads:
Work Requirement (HCV & PBV): The
Agency may implement a work requirement
for HCV and PBV residents between the ages
of 18 and 54.
This sentence is revised to read:
Work Requirement (HCV & PBV): The
Agency may implement a work requirement
for HCV and PBV residents between the ages
of 18 and 61.
Dated: May 2, 2017.
Jemine A. Bryon,
General Deputy Assistant Secretary for Public
and Indian Housing.
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Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
APPENDIX A EXCERPT
[Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment
deadline in this notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]
No.
Waiver name
Regulations
waived
Waiver description
Available activities
Parameters
Activities Related to Public Housing and Housing Choice Vouchers
3 ..................
Authorizations
Related to
Family Self
Sufficiency.
The Agency is authorized to operate
any of its existing self-sufficiency
and training programs, including
its Family Self-Sufficiency (FSS)
Program and any successor programs exempt from certain HUD
program requirements. If the
Agency receives dedicated funding for an FSS coordinator, such
funds must be used to employ a
self-sufficiency coordinator. In developing and operating such programs, the Agency is authorized
to establish strategic relationships
and partnerships with local private
and public agencies and service
providers to leverage expertise
and funding. In implementing this
waiver, the Agency must execute
a contract of participation, or other
locally developed agreement, that
is at least 5 years but no more
than 10 years. However, notwithstanding the above, any funds
granted pursuant to a competition
must be used in accordance with
the NOFA and the approved application and work plan.
Certain provisions of
Section 23
of the 1937
Act and 24
CFR 984.
Waive Operating a Required FSS
Program (Both): The Agency is
authorized to waive its requirement to operate the traditional
FSS program.
Alternative to Program Coordinating
Committee (Both): The Agency is
authorized to create an alternative
structure for securing local resources to support an FSS program.
Alternative Family Selection Procedures (Both): The Agency is authorized to develop its own recruitment and selection procedures for
its FSS program(s).
pmangrum on DSK3GDR082PROD with NOTICES
Modify or Eliminate the Contract of
Participation (Both): The Agency is
authorized to modify the terms of,
or eliminate the contract of participation, in lieu of a local form.
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Recruitment, eligibility, and selection
policies and procedures must be
consistent with the Department’s
nondiscrimination and equal opportunity requirements. A PHA
may make FSS participation mandatory by waiving the statutory
and regulatory definition of FSS
family or participating family which
is ‘‘a family that resides in public
housing or receives assistance
under the rental certificate or rental voucher programs, and that
elects to participate in the FSS
program’’ (24 CFR 984.103(b)).
The Agency may not make FSS
participation mandatory for individuals that do not meet the definition
of an eligible family at Section
23(n)(3) of the U.S. Housing Act
of 1937 (1937 Act) (42 U.S.C.
1437u(n)(3)), and those exempted
from the Community Service Requirement
under
Section
12(c)(2)(A), (B), (D) and (E) of the
1937
Act,
42
U.S.C.
1437j(c)(2)(A), (B), (D), and (E). If
the Agency requires FSS participation as a condition for housing
subsidy, a hardship policy and impact analysis must be developed
and adopted in accordance with
MTW guidance prior to the implementation of the activity. If an
Agency terminates the housing
subsidy or tenancy of a family for
alleged violation of mandatory
FSS participation, the family will
be entitled to a hearing under the
Agency’s Grievance Procedure
(24 CFR part 966, subpart B). An
Agency may not include current
work status, work history and/or
source of income as part of the
selection criteria. ‘‘Family’’ is not
limited to families with a member
who is able to work full time, but is
defined broadly so as not to exclude families with a member who
is disabled but able to work, disabled but unable to work, or working as a caregiver for a family
member with a disability.
The Agency may modify the terms of
the contract of participation to
align with adjustments made to its
FSS program(s) using MTW flexibility. Further, the Agency may
discontinue use of the contract of
participation and instead employ a
locally-developed agreement that
codifies the terms of participation.
04MYN1
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Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
APPENDIX A EXCERPT—Continued
[Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment
deadline in this notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]
No.
Waiver name
Regulations
waived
Waiver description
Available activities
Parameters
Policies for Addressing Increases in
Family Income (Both): The Agency
is authorized to set its own policies for addressing increases in
family income during participation
in the FSS program.
Consistent with the goals and structure of its MTW FSS program, the
Agency can set policies for whether income increases are recognized for purposes of increasing
rent or changing the amount of
funds moved to escrow/savings
through the program. The Agency
may not use income increases
during participation in the FSS
program to change a family’s eligibility status for purposes of participation in the FSS program or for
the receipt public housing or HCV
assistance.
The Agency may set policies to
defer income increases to savings
OR to allow participants to earn
savings deposits based on meeting certain program milestones.
Such policies must be made clear
to participants in writing prior to
starting their participation in the
program.
Consistent with the goals and structure of its MTW FSS program, the
Agency can set policies for when
savings are disbursed to participants. This could mean all funds
are disbursed at once, or at certain key points of participation.
Such policies must be made clear
to participants in writing prior to
starting their participation in the
program.
Calculating FSS Credits (Both): The
Agency is authorized to create alternative methods for computing
the family’s FSS credit.
pmangrum on DSK3GDR082PROD with NOTICES
Disbursement of Savings (Both): The
Agency may set its own policies
for when savings funds can be
disbursed to participants.
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04MYN1
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Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
APPENDIX B EXCERPT
No.
Waiver name
Waiver description
Regulations waived
Available activities
Parameters
Work Requirement (PH): The
Agency may implement a work
requirement for public housing
residents between the ages of
18 and 61. The requirement
shall be no less than 15 hours
of work per week and no more
than 30 hours of work per
week. Work requirements shall
not be applied to exclude, or
have the effect of excluding,
the admission of or participation by persons with disabilities
or families that include persons
with disabilities. Work requirements shall not apply to person
with disabilities or families that
include persons with disabilities. However, persons with
disabilities and families that include persons with disabilities
must have equal access to the
full range of program services
and other incentives.
Residents must have the opportunity to utilize the provisions of
the Agency’s Grievance Procedure to resolve a dispute regarding a determination that a
resident has failed to comply
with the work requirement. The
Agency must update its ACOP
to include a description of the
circumstances in which residents shall be exempt for the
requirement and hardship policies. The ACOP should include
a description of what is considered work as well as other activities that shall be considered
acceptable substitutes for work.
Services, or referrals to services, must be provided by the
Agency to support preparing
families to comply with this requirement. The hardship policy
in the ACOP should apply to
residents who are actively trying to comply with the Agency’s
work requirement, but are having difficulties obtaining work or
an acceptable substitute. The
ACOP should also describe the
consequences of failure to
comply with the work requirement. Agencies may not implement the PH-Work Requirements Waiver on individuals
exempted from the Community
Service Requirement under
Section 12(c)(2)(A), (B), (D)
and (E).
While the work requirements do
not apply to persons with disabilities or families that include
a person with disabilities, such
persons and families are not
precluded from working or engaging in substitute activities
(such as caring for a family
member who is disabled). Regardless of the level of engagement with work or substitute
activities, persons and families
that include persons with disabilities must have equal access to services or referral to
services to support their efforts
to obtain work or an acceptable
substitute, and any other services or other incentives associated with the program.
Activities Related to Public Housing
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3 .....................
VerDate Sep<11>2014
PH—Work
Requirements.
The Agency is authorized to implement a requirement that a
specified segment of its public
housing residents work as a
condition of tenancy subject to
subject to all applicable Fair
Housing Requirements and the
mandatory admission and prohibition requirements imposed
by sections 576–578 of the
Quality Housing and Work Responsibility Act of 1998 and
Section 428 of Public Law
105–276. Those individuals exempt from the Community
Service Requirement in accordance with Section 12(c)(2)(A),
(B), (D) and (E) of the 1937 Act
are also exempt from the
Agency’s work requirement.
14:39 May 03, 2017
Jkt 241001
PO 00000
Certain provisions of
Section 3 of the 1937
Act and 24 CFR
960.206.
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Fmt 4703
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Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
APPENDIX B EXCERPT—Continued
No.
Waiver name
Waiver description
Regulations waived
Available activities
Parameters
Activities Related to Housing Choice Vouchers
6 .....................
HCV &
The Agency is authorized to imPBV—
plement a requirement that a
Work Respecified segment of its HCV
quirements.
and PBV residents work as a
condition of tenancy subject to
all applicable Fair Housing Requirements.
Work Requirement (HCV & PBV):
The Agency may implement a
work requirement for HCV and
PBV residents between the
ages of 18 and 61. The requirement shall be no less than
15 hours of work per week and
no more than 30 hours of work
per week. The Agency shall
provide supportive services to
assist families obtain employment or an acceptable substitute. Work requirements shall
not be applied to exclude, or
have the effect of excluding,
the admission of or participation by persons with disabilities
or families that include persons
with disabilities. Work requirements shall not apply to persons with disabilities or families
that include persons with disabilities. However, persons with
disabilities and families that include persons with disabilities
must have equal access to the
full range of program services
and other incentives.
the Interior, through the BLM, on a
variety of planning and management
issues associated with public land
management in BLM’s Albuquerque
District. Additional information is
available in the meeting notice
published on April 10, 2017 (82 FR
17277).
[FR Doc. 2017–09139 Filed 5–3–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[17X LLWO600000.L18200000.XP0000]
Authority: 5 U.S.C. Appendix 2.
Albuquerque District Resource
Advisory Council; Postponement of
Meeting
AGENCY:
Certain provisions of
Sections 8(o)(7)(a),
8(o)(13)(F), and
8(o)(13)(G) of the
1937 Act and 24
CFR 982.303,
982.309 and 983
Support F.
Patrick Wilkinson,
Acting Assistant Director, Communications.
[FR Doc. 2017–09006 Filed 5–3–17; 8:45 am]
Bureau of Land Management,
DEPARTMENT OF THE INTERIOR
The May 1, 2017,
Albuquerque District Resource Advisory
Council meeting has been postponed.
DATES: The meeting was scheduled for
May 1, 2017, in Socorro, New Mexico,
and will be rescheduled at a later date.
We will publish a future notice with the
new meeting date and location.
FOR FURTHER INFORMATION CONTACT: Jack
River, Forester, BLM Albuquerque
District Office, (505) 761–8755; or by
email at jriver@blm.gov. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
leave a message or question for Mr.
River. The FRS is available 24 hours a
day, 7 days a week. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The 10member council advises the Secretary of
pmangrum on DSK3GDR082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:39 May 03, 2017
Jkt 241001
Bureau of Land Management
[17X LLWO600000.L18200000.XP0000]
Dominguez-Escalante National
Conservation Area Advisory Council,
Colorado; Postponement of Meeting
AGENCY:
Bureau of Land Management,
Interior.
Notice.
The May 3, 2017, DominguezEscalante National Conservation Area
(NCA) Advisory Council meeting has
been postponed.
DATES: The meeting was scheduled for
May 3, 2017, in Delta, Colorado, and
will be rescheduled at a later date. We
will publish a future notice with the
new meeting date and location.
SUMMARY:
Frm 00053
Fmt 4703
Collin Ewing, Advisory Council
designated Federal Official, (970) 244–
3049; or by email at cewing@blm.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339 to leave a message or question
for Mr. Ewing. The FRS is available 24
hours a day, 7 days a week. You will
receive a reply during normal business
hours.
The 10member council advises the Secretary of
the Interior, through the BLM, on a
variety of planning and management
issues associated with the Resource
Management Plan process for the
Dominguez-Escalante NCA and
Dominguez Canyon Wilderness.
Additional information is available in
the meeting notice published on April
12, 2017 (82 FR 17683).
Authority: 5 U.S.C. Appendix 2.
Patrick Wilkinson,
Acting Assistant Director, Communications.
ACTION:
PO 00000
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–84–P
Interior.
ACTION: Notice.
The Agency must update its Administrative Plan to include a
description
of
the
circumstances in which families
shall be exempt from the requirement. The Administrative
Plan must also include a hardship policy. The Administrative
Plan should include a description of what is considered work
as well as other activities that
shall be considered acceptable
substitutes for work. Services,
or referrals to services, must
be provided by the Agency to
support preparing families for
the termination of assistance.
The hardship policy in the Administrative Plan should apply
to families who are actively trying to comply with the Agency’s
work requirement, but are having difficulties obtaining work or
an acceptable substitute. The
Administrative Plan should also
describe the consequences of
failure to comply with the work
requirement.
Sfmt 9990
[FR Doc. 2017–09009 Filed 5–3–17; 8:45 am]
BILLING CODE 4310–84–P
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04MYN1
]]>Agencies
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20912-20916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09139]
[[Page 20912]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5994-N-02]
Operations Notice for the Expansion of the Moving To Work
Demonstration Program Solicitation of Comment; Waiver Revision and
Reopening of Comment Period
AGENCY: Office of Public and Indian Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice revises the parameters of three waiver provisions
and reopens the comment period for HUD's January 23, 2017 Federal
Register notice entitled ``Operations Notice for the Expansion of the
Moving To Work Demonstration Program Solicitation of Comment.''
DATES: Comment due date: The comment deadline for the January 23, 2017
notice, as revised by this notice, is June 5, 2017.
FOR FURTHER INFORMATION CONTACT: Marianne Nazzaro, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW., Room 4130, Washington, DC 20410; email address mtw-info@hud.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The MTW demonstration program was established under Section 204 of
Title II of section 101(e) of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, Public Law 104-134 (approved April 26,
1996). The demonstration was significantly expanded under the 2016 MTW
expansion statute, Section 239 of Division L, Title IV of the
Consolidated Appropriations Act, 2016, Public Law 114-113 (approved
December 18, 2015) (2016 MTW expansion). The 2016 MTW expansion
authorizes HUD to expand the MTW demonstration program from the current
level of 39 PHAs to an additional 100 PHAs over a period of seven
years.
On January 23, 2017 (82 FR 8056), HUD published in the Federal
Register a notice that sought comment on the proposed methods of
operations for PHAs joining the MTW demonstration through the 2016 MTW
expansion. Included in that notice are appendices that list available
waivers, and the parameters of those waivers. These include Appendix A,
``General Waivers'' (82 FR 8071 et seq.), and Appendix B, ``Conditional
Waivers'' (82 FR 8076 et seq.). General waivers are those that will be
granted without HUD review beyond the MTW application review.
Conditional waivers are those waivers that will be granted following
additional HUD review and approval.
This notice makes a revision to one of the Appendix A waivers, and
two of the Appendix B waivers.
II. Revisions to Parameters of Waivers
A. Appendix A: General Waivers
For the waiver entitled ``Authorizations Related to Family Self
Sufficiency,'' one of the available activities listed in the fourth
column is: ``The Agency is authorized to develop its own recruitment
and selection procedures for its FSS program(s).'' In the fifth column,
``Parameters,'' the corresponding statement as originally published (82
FR 8072 (January 23, 2017)) reads:
Recruitment, eligibility, and selection policies and procedures
must be consistent with the Department's nondiscrimination and equal
opportunity requirements. Agency may not require families to
participate in the program as a condition of receiving housing
assistance. Agency may not include current work status, work history
and/or source of income as part of the selection criteria.
``Family'' is not limited to families with a member who is able to
work full time, but is defined broadly so as not to exclude families
with a member who is disabled but able to work, disabled but unable
to work, or working as a caregiver for a family member with a
disability.
This statement is revised by this notice to remove the second sentence
and add two new sentences in its place, so that the statement reads
(emphasis added):
Recruitment, eligibility, and selection policies and procedures
must be consistent with the Department's nondiscrimination and equal
opportunity requirements. A PHA may make FSS participation mandatory
by waiving the statutory and regulatory definition of FSS family or
participating family which is ``a family that resides in public
housing or receives assistance under the rental certificate or
rental voucher programs, and that elects to participate in the FSS
program'' (24 CFR 984.103(b)). The Agency may not make FSS
participation mandatory for individuals that do not meet the
definition of an eligible family at Section 23(n)(3) of the U.S.
Housing Act of 1937 (1937 Act), 42 U.S.C. 1437u(n)(3), and those
exempted from the Community Service Requirement under Section
12(c)(2)(A), (B), (D) and (E) of the 1937 Act, 42 U.S.C.
1437j(c)(2)(A), (B), (D), and (E). If the Agency requires FSS
participation as a condition for housing subsidy, the Agency must
develop and adopt a non-compliance policy and a hardship exemption
policy and conduct an impact analysis in accordance with MTW
guidance prior to the implementation of the activity. If an Agency
terminates the housing subsidy or tenancy of a family for alleged
violation of mandatory FSS participation, it will provide a notice
at least 60 days prior to the date of termination informing the
family that it is entitled to a hearing under the procedures stated
in the Agency's Grievance Procedure (24 CFR part 966, subpart B).
Any resulting termination of assistance or tenancy must be based on
the noncompliance policy, and there shall be no termination of
tenancy or assistance if such action would result in hardship for
the family under the hardship policy. The noncompliance policy may
not include minor infractions of FSS as a basis for termination of
tenancy or subsidy. An Agency may not include current work status,
work history and/or source of income as part of the selection
criteria. ``Family'' is not limited to families with a member who is
able to work full time, but is defined broadly so as not to exclude
families with a member who is disabled but able to work, disabled
but unable to work, or working as a caregiver for a family member
with a disability.
B. Appendix B: Conditional Waivers
For waiver 3 under the ``Activities Related to Public Housing''
heading, entitled ``PH--Work Requirements,'' the first sentence of the
``Available Activities'' statement as originally published (82 FR 8079
(January 23, 2017)) reads:
Work Requirement (PH): The Agency may implement a work
requirement for public housing residents between the ages of 18 and
54.
This sentence is revised to read:
Work Requirement (PH): The Agency may implement a work
requirement for public housing residents between the ages of 18 and
61.
For waiver 6 under the ``Activities Related to Housing Choice
Vouchers'' heading, entitled ``HCV & PBV--Work Requirements,'' the
first sentence of the ``Available Activities'' statement as originally
published (82 FR 8079 (January 23, 2017)) reads:
Work Requirement (HCV & PBV): The Agency may implement a work
requirement for HCV and PBV residents between the ages of 18 and 54.
This sentence is revised to read:
Work Requirement (HCV & PBV): The Agency may implement a work
requirement for HCV and PBV residents between the ages of 18 and 61.
Dated: May 2, 2017.
Jemine A. Bryon,
General Deputy Assistant Secretary for Public and Indian Housing.
[[Page 20913]]
Appendix A Excerpt
[Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment deadline in this
notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]
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No. Waiver name Waiver description Regulations waived Available activities Parameters
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Activities Related to Public Housing and Housing Choice Vouchers
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3................... Authorizations Related The Agency is authorized to Certain provisions of Waive Operating a Required Recruitment, eligibility,
to Family Self operate any of its Section 23 of the FSS Program (Both): The and selection policies
Sufficiency. existing self-sufficiency 1937 Act and 24 CFR Agency is authorized to and procedures must be
and training programs, 984. waive its requirement to consistent with the
including its Family Self- operate the traditional Department's
Sufficiency (FSS) Program FSS program. nondiscrimination and
and any successor programs Alternative to Program equal opportunity
exempt from certain HUD Coordinating Committee requirements. A PHA may
program requirements. If (Both): The Agency is make FSS participation
the Agency receives authorized to create an mandatory by waiving the
dedicated funding for an alternative structure for statutory and regulatory
FSS coordinator, such securing local resources definition of FSS family
funds must be used to to support an FSS program. or participating family
employ a self-sufficiency Alternative Family which is ``a family that
coordinator. In developing Selection Procedures resides in public housing
and operating such (Both): The Agency is or receives assistance
programs, the Agency is authorized to develop its under the rental
authorized to establish own recruitment and certificate or rental
strategic relationships selection procedures for voucher programs, and
and partnerships with its FSS program(s). that elects to
local private and public participate in the FSS
agencies and service program'' (24 CFR
providers to leverage 984.103(b)). The Agency
expertise and funding. In may not make FSS
implementing this waiver, participation mandatory
the Agency must execute a for individuals that do
contract of participation, not meet the definition
or other locally developed of an eligible family at
agreement, that is at Section 23(n)(3) of the
least 5 years but no more U.S. Housing Act of 1937
than 10 years. However, (1937 Act) (42 U.S.C.
notwithstanding the above, 1437u(n)(3)), and those
any funds granted pursuant exempted from the
to a competition must be Community Service
used in accordance with Requirement under Section
the NOFA and the approved 12(c)(2)(A), (B), (D) and
application and work plan. (E) of the 1937 Act, 42
U.S.C. 1437j(c)(2)(A),
(B), (D), and (E). If the
Agency requires FSS
participation as a
condition for housing
subsidy, a hardship
policy and impact
analysis must be
developed and adopted in
accordance with MTW
guidance prior to the
implementation of the
activity. If an Agency
terminates the housing
subsidy or tenancy of a
family for alleged
violation of mandatory
FSS participation, the
family will be entitled
to a hearing under the
Agency's Grievance
Procedure (24 CFR part
966, subpart B). An
Agency may not include
current work status, work
history and/or source of
income as part of the
selection criteria.
``Family'' is not limited
to families with a member
who is able to work full
time, but is defined
broadly so as not to
exclude families with a
member who is disabled
but able to work,
disabled but unable to
work, or working as a
caregiver for a family
member with a disability.
Modify or Eliminate the The Agency may modify the
Contract of Participation terms of the contract of
(Both): The Agency is participation to align
authorized to modify the with adjustments made to
terms of, or eliminate its FSS program(s) using
the contract of MTW flexibility. Further,
participation, in lieu of the Agency may
a local form. discontinue use of the
contract of participation
and instead employ a
locally-developed
agreement that codifies
the terms of
participation.
[[Page 20914]]
Policies for Addressing Consistent with the goals
Increases in Family and structure of its MTW
Income (Both): The Agency FSS program, the Agency
is authorized to set its can set policies for
own policies for whether income increases
addressing increases in are recognized for
family income during purposes of increasing
participation in the FSS rent or changing the
program. amount of funds moved to
escrow/savings through
the program. The Agency
may not use income
increases during
participation in the FSS
program to change a
family's eligibility
status for purposes of
participation in the FSS
program or for the
receipt public housing or
HCV assistance.
Calculating FSS Credits The Agency may set
(Both): The Agency is policies to defer income
authorized to create increases to savings OR
alternative methods for to allow participants to
computing the family's earn savings deposits
FSS credit. based on meeting certain
program milestones. Such
policies must be made
clear to participants in
writing prior to starting
their participation in
the program.
Disbursement of Savings Consistent with the goals
(Both): The Agency may and structure of its MTW
set its own policies for FSS program, the Agency
when savings funds can be can set policies for when
disbursed to participants. savings are disbursed to
participants. This could
mean all funds are
disbursed at once, or at
certain key points of
participation. Such
policies must be made
clear to participants in
writing prior to starting
their participation in
the program.
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[[Page 20915]]
Appendix B Excerpt
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No. Waiver name Waiver description Regulations waived Available activities Parameters
--------------------------------------------------------------------------------------------------------------------------------------------------------
Activities Related to Public Housing
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3................... PH--Work Requirements. The Agency is authorized to Certain provisions of Work Requirement (PH): The Residents must have the
implement a requirement Section 3 of the Agency may implement a opportunity to utilize
that a specified segment 1937 Act and 24 CFR work requirement for the provisions of the
of its public housing 960.206. public housing residents Agency's Grievance
residents work as a between the ages of 18 Procedure to resolve a
condition of tenancy and 61. The requirement dispute regarding a
subject to subject to all shall be no less than 15 determination that a
applicable Fair Housing hours of work per week resident has failed to
Requirements and the and no more than 30 hours comply with the work
mandatory admission and of work per week. Work requirement. The Agency
prohibition requirements requirements shall not be must update its ACOP to
imposed by sections 576- applied to exclude, or include a description of
578 of the Quality Housing have the effect of the circumstances in
and Work Responsibility excluding, the admission which residents shall be
Act of 1998 and Section of or participation by exempt for the
428 of Public Law 105-276. persons with disabilities requirement and hardship
Those individuals exempt or families that include policies. The ACOP should
from the Community Service persons with include a description of
Requirement in accordance disabilities. Work what is considered work
with Section 12(c)(2)(A), requirements shall not as well as other
(B), (D) and (E) of the apply to person with activities that shall be
1937 Act are also exempt disabilities or families considered acceptable
from the Agency's work that include persons with substitutes for work.
requirement. disabilities. However, Services, or referrals to
persons with disabilities services, must be
and families that include provided by the Agency to
persons with disabilities support preparing
must have equal access to families to comply with
the full range of program this requirement. The
services and other hardship policy in the
incentives. ACOP should apply to
residents who are
actively trying to comply
with the Agency's work
requirement, but are
having difficulties
obtaining work or an
acceptable substitute.
The ACOP should also
describe the consequences
of failure to comply with
the work requirement.
Agencies may not
implement the PH-Work
Requirements Waiver on
individuals exempted from
the Community Service
Requirement under Section
12(c)(2)(A), (B), (D) and
(E).
While the work
requirements do not apply
to persons with
disabilities or families
that include a person
with disabilities, such
persons and families are
not precluded from
working or engaging in
substitute activities
(such as caring for a
family member who is
disabled). Regardless of
the level of engagement
with work or substitute
activities, persons and
families that include
persons with disabilities
must have equal access to
services or referral to
services to support their
efforts to obtain work or
an acceptable substitute,
and any other services or
other incentives
associated with the
program.
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[[Page 20916]]
Activities Related to Housing Choice Vouchers
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6................... HCV & PBV--Work The Agency is authorized to Certain provisions of Work Requirement (HCV & The Agency must update its
Requirements. implement a requirement Sections 8(o)(7)(a), PBV): The Agency may Administrative Plan to
that a specified segment 8(o)(13)(F), and implement a work include a description of
of its HCV and PBV 8(o)(13)(G) of the requirement for HCV and the circumstances in
residents work as a 1937 Act and 24 CFR PBV residents between the which families shall be
condition of tenancy 982.303, 982.309 and ages of 18 and 61. The exempt from the
subject to all applicable 983 Support F. requirement shall be no requirement. The
Fair Housing Requirements. less than 15 hours of Administrative Plan must
work per week and no more also include a hardship
than 30 hours of work per policy. The
week. The Agency shall Administrative Plan
provide supportive should include a
services to assist description of what is
families obtain considered work as well
employment or an as other activities that
acceptable substitute. shall be considered
Work requirements shall acceptable substitutes
not be applied to for work. Services, or
exclude, or have the referrals to services,
effect of excluding, the must be provided by the
admission of or Agency to support
participation by persons preparing families for
with disabilities or the termination of
families that include assistance. The hardship
persons with policy in the
disabilities. Work Administrative Plan
requirements shall not should apply to families
apply to persons with who are actively trying
disabilities or families to comply with the
that include persons with Agency's work
disabilities. However, requirement, but are
persons with disabilities having difficulties
and families that include obtaining work or an
persons with disabilities acceptable substitute.
must have equal access to The Administrative Plan
the full range of program should also describe the
services and other consequences of failure
incentives. to comply with the work
requirement.
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[FR Doc. 2017-09139 Filed 5-3-17; 8:45 am]
BILLING CODE 4210-67-P
