Extension of Regulatory and Administrative Waivers Granted for Public and Indian Housing Programs To Assist With Recovery and Relief in Hurricanes Katrina, Rita, and Wilma Disaster Areas, 78022-78031 [06-9902]
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5018–N–02]
Extension of Regulatory and
Administrative Waivers Granted for
Public and Indian Housing Programs
To Assist With Recovery and Relief in
Hurricanes Katrina, Rita, and Wilma
Disaster Areas
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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AGENCY:
SUMMARY: This notice advises the public
of HUD’s decision to extend for an
additional period ending December 31,
2007, or for such other period as
specified in this notice (e.g., Uniform
Financial Reporting Standards (UFRS)
and Public Housing Assessment System
(PHAS) waivers) certain HUD
regulations and other administrative
requirements governing HUD’s Office of
Public and Indian Housing (PIH)
programs that were identified and
waived or deferred under notices of
Regulatory and Administrative Waivers
Granted for Public and Indian Housing
Programs to Assist with Recovery and
Relief in Hurricanes Katrina, Rita, and
Wilma Disaster Areas, published
October 3, 2005, November 1, 2005, and
March 13, 2006. The requirements in
these three notices were waived or
deferred in order to facilitate the
delivery of safe and decent housing
under these programs to families and
individuals who were displaced from
their housing by Hurricanes Katrina,
Rita, and Wilma.
This notice provides that entities that
administer PIH programs, which
include public housing agencies (PHAs),
tribally designated housing entities
(TDHEs), and local and tribal
governments, and that are located in an
area declared by the President to be a
federal disaster area as a result of
Hurricane Katrina, Rita, or Wilma, and
that previously notified HUD that they
were deferring compliance with the
program requirements identified in the
three Federal Register notices, may
continue to defer compliance with the
regulations and requirements listed in
this notice for an additional period
ending December 31, 2007, or for such
other period as specified in this notice
(e.g., for UFRS and PHAS waivers). The
additional waiver period is subject to
the program administrator submitting a
notification to HUD, within 45 calendar
days of the effective date of this notice,
advising of the intent to defer
compliance with the program
requirements identified in this notice,
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unless a specific waiver provision
states: (1) That the waiver will be
applied automatically or (2) the specific
waiver does not require such
notification.
PIH program administrators that are
not located in a disaster area but are
continuing to assist with Hurricane
Katrina, Rita, or Wilma recovery and
relief and have requested and were
approved for waiver of the regulations
and administrative requirements listed
in this notice under the original waiver
notices, may request waiver or deferral
of the requirements for an additional
period ending December 31, 2007, or for
such other period as specified in this
notice (e.g., under UFRS and PHAS
waivers), with justification of the need
for more time, unless a specific waiver
provision states it will be applied
automatically. HUD will review and
respond to waiver requests through an
expedited process that assigns priority
to these requests and maximizes use of
electronic communications to speed
response time. PIH program
administrators, located in an area
declared a federal disaster area as a
result of Hurricane Katrina, Rita, or
Wilma, or PIH program administrators
not located in such an area but
continuing to assist with Hurricane
Katrina, Rita, or Wilma relief and
recovery efforts, may defer compliance
or request waiver of a regulation or
other administrative requirement,
respectively, through the expedited
waiver process provided in this notice.
This notice applies only to PIH
programs or to cross-cutting regulatory
or administrative requirements that are
applicable to PIH program
administrators.
In addition to the regulatory and
administrative requirements cited in the
notice of waivers granted to assist with
recovery and relief in Hurricane Katrina
disaster areas, this notice includes a
waiver, identified in Section III.A.2 of
the notices of waivers granted to assist
with recovery and relief in Hurricane
Rita disaster areas, for an extension for
improved performance by certain PHAs
located in areas declared a federal
disaster area as a result of Hurricane
Katrina.
DATES: Effective Date: December 28,
2006.
FOR FURTHER INFORMATION CONTACT: PIH
Disaster Relief Officer, Office of Policy
Programs and Legislation, Office of
Public and Indian Housing, Department
of Housing and Urban Development,
451 Seventh Street, SW., Room 4116,
Washington, DC 20410–5000; telephone
numbers (202) 708–4016, extension
4245, or (202) 708–0713, extension
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7651. Persons with hearing or speech
impairments may access this number
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
In late August 2005, Hurricane
Katrina hit the Gulf Coast area of the
United States, causing unprecedented
and catastrophic damage to property,
significant loss of life, and the
displacement of tens of thousands of
individuals and families from their
homes and communities. Hurricane Rita
soon followed, adding to the damage to
property and displacement of
individuals and families from their
homes and communities that already
had been caused by Hurricane Katrina.
After Hurricane Katrina struck, the
President called upon all federal
agencies to do everything in their power
to assist the victims, with the top
priority to save and sustain lives. The
President later directed federal agencies
to include victims of Hurricane Rita in
relief and recovery efforts underway for
victims of Hurricane Katrina. With
recognition that shelter is key to saving
and sustaining lives, and following the
President’s direction to eliminate or
reduce ‘‘red tape’’ that would impede
the delivery of federal financial
assistance and other needed benefits,
the October 3, 2005, and November 1,
2005, notices identified HUD
regulations and other administrative
requirements governing HUD’s PIH
programs that were waived or
temporarily suspended or deferred in an
area declared by the President to be a
federal disaster area as a result of
Hurricanes Katrina or Rita (‘‘disaster
area’’). In addition, HUD provided an
expedited review process to waive the
requirements listed in the notices, upon
request from PIH program
administrators that were not located in
disaster areas but were assisting with
Hurricane Katrina or Rita recovery and
relief efforts. In a notice published
March 13, 2006, similar relief from the
same regulatory and administrative
requirements was offered to PIH
program administrators in areas
declared a disaster as a result of
Hurricane Wilma (71 FR 12988).
In developing the waiver notices, PIH
examined the regulations governing its
programs and recommended waiver or
temporary suspension or deferral of
those regulations that it believed could
impede PIH program administrators
from expeditiously helping to house PIH
program participants who lost housing
as a result of Hurricanes Katrina and
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Rita, as well as others who needed
housing assistance under PIH programs
as a result of the hurricanes. The
waivers allowed PIH program
administrators located in disaster areas
to defer compliance with the
requirements listed in the notices for an
initial period of 12 months under the
notification process described in the
three notices. The requirements listed in
the notices that were deferred, or
temporarily suspended by waiver,
included regulatory and other
administrative provisions that require
periodic reporting and other
information delivery by PHAs, Indian
tribes, and TDHEs. While such reporting
is important to ensure effective and
efficient administration of PIH
programs, those requirements were
waived so that PIH program
administrators could focus their time
and resources on identifying and
providing decent and safe housing
during the period of unparalleled
displacement of families and
individuals.
For the majority of the regulations and
administrative requirements listed in
the previously published notices and for
which a waiver was granted, HUD did
not waive the requirements entirely but
deferred compliance until such time as
compliance would be feasible. For
example, in many cases HUD extended
deadlines for reports or other
documents that PIH program
administrators must submit to HUD.
Because the devastation caused by
Hurricanes Katrina and Rita was
unprecedented, and the need for
housing and other basic life-saving and
sustaining relief was widespread and
immediate, HUD relied on its
experienced local partners in the HUD
housing-assistance programs who are in
the front-line of recovery efforts to meet
the challenge of providing decent, safe,
and sanitary housing as expeditiously as
possible and to comply to the extent
possible with the regulations that
promote that goal. HUD did not want
the time and resources of PHAs, Indian
tribes, and TDHEs diverted by
requirements that are important but
could be deferred until a degree of
normalcy in operations returned in the
disaster areas. As the recovery period
proceeded, HUD indicated it might: (1)
identify other regulations for which
waiver or temporary deferral or
suspension is needed or (2) determine
that other alternative requirements may
be necessary to assist with facilitation of
delivery of housing to those most in
need. Any additional HUD waivers or
suspensions or other alternative
requirements would be announced by
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direct notice to PIH program
administrators and by Federal Register
publication.
PIH program administrators not
located in a disaster area but assisting
with Hurricane Katrina recovery and
relief efforts could request waiver of the
regulations and administrative
requirements through the expedited
waiver request and response process set
forth in the waiver notices.
In addition to HUD’s waiver of
regulatory requirements in the
previously published notices, HUD also
identified statutory provisions that
contain built-in waiver provisions that
allow administrative waiver of the
statutory requirements for cause. Certain
of those provisions were included in
Section III.A of the October 3, 2005,
notice. An additional provision was
included in Section III.A.2 of the
November 1, 2005, notice, for an
extension for improved performance by
certain PHAs located in areas declared
a federal disaster area as a result of
Hurricane Katrina.
The three previously published
notices listed HUD regulatory and
administrative requirements that PIH
determined needed to be waived or
temporarily deferred or suspended
during the Hurricanes Katrina, Rita, and
Wilma recovery periods. If PHAs, Indian
tribes, and TDHEs, and other PIH
program administrators identified other
regulations that they believed should be
waived, they were advised to seek a
waiver by submitting a waiver request
that specified the need for a waiver.
Section II of each notice described the
expedited waiver process, and that
process is explained in Section II of this
notice.
The extension of certain requirements
provided by this notice underscores the
unprecedented devastation caused by
the hurricanes of 2005, and the
additional time needed to recover from
such devastation.
II. Waiver Process
A. For PIH Program Administrators in
Declared Disaster Areas
1. The Waiver Process Previously
Established. This notice continues the
process for notification to HUD by
program administrators of their intent to
use, or their actual use of, the waived or
deferred requirements under the
previously published notices, with some
exceptions, as described here in section
II. The previous notices provided that
entities that administer public or Indian
housing or voucher programs and were
located in the areas declared a federal
disaster area as a result of Hurricanes
Katrina, Rita, and Wilma could defer or
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suspend compliance with the
regulations and other administrative
requirements listed in each notice, with
the exception of the waiver of the
provision in Section III.B.12, upon the
effective date of each notice, for an
initial period of 12 months or for such
other period as may be specified in each
notice. These entities, however, were
advised to notify HUD within 2 weeks
of the determination of any need to
utilize the waived requirements in each
notice, or as soon as possible, by
contacting HUD in the manner detailed
in the following paragraph.
An official of the PHA, TDHE, or
tribal or local government that had a
need and intended to suspend
compliance with or defer the
requirements listed in each notice was
required to contact HUD in writing (email communication was allowed) and
identify the requirements by section and
number utilized in each notice (e.g.,
Section III.A.2, Section III.B.1, 2, or 3,
etc., or ‘‘all of the waived or suspended
requirements in Section III.’’). The
following e-mail addresses were
established in order to expedite the
process: PIH_Disaster_Relief@hud.gov,
PIH_Ritadisaster_Relief@hud.gov, and
PIH_Wilmadisaster_Relief@hud.gov.
This process was described as a
notification only, and HUD asked that
the notification be made to HUD no later
than 2 weeks after a PHA determined
the need to rely on one or more or all
of the waived or suspended
requirements in each notice. While, as
noted earlier in this notice, HUD did not
want to impose additional
administrative requirements on PIH
program administrators located in the
disaster areas during the recovery
period, it was important for HUD to
know (and helpful for HUD to know)
how these entities were administering
their PIH programs during the recovery
period. HUD maintains information on
the PHAs, Indian tribes, and TDHEs that
elected to defer compliance with certain
regulatory and administrative
requirements in accordance with each
notice. A list of those PHAs, Indian
tribes, or TDHEs are included as an
appendix to this notice. The previously
published notices provide that certain
regulations or administrative
requirements would remain
inapplicable for a period of 12 months
and would be considered waived or
suspended by HUD for an additional 3
months upon notification to HUD,
following the same notification process
described above.
2. The Waiver Process for this Notice.
HUD will continue to use the waiver
process previously established, with
some exceptions. First, HUD has since
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determined that timely notification of
an entity’s intent to use, or its actual use
of the waivers or deferral periods is
essential to effective program
administration, and in light of the
intervening period for entities to
determine whether they need relief,
HUD is now requiring that such
notifications or waiver requests must be
submitted to HUD within 45 calendar
days of the publication of this notice as
described in Section IV, unless a
specific waiver provision states the
waiver will be applied automatically, or
the specific waiver does not require
such notification. Secondly, under this
notice there is not an additional 3month deferral period beyond the initial
12-month period granted under the
original notices, and the period for
deferral ends December 31, 2007,
regardless of the expiration dates of the
15-month deferral periods granted
under the original three notices. Finally,
some regulatory or administrative
requirements included in the original
notices are not eligible for continued
deferral in this notice, and are identified
in Section III below.
B. For PIH Program Participants in NonDisaster Declared Areas
The previous notices provided that
PIH program administrators not located
in a disaster area but that were
contributing to Hurricanes Katrina and
Rita relief and recovery efforts could
request a waiver of the regulations or
administrative requirements listed in
each of the original notices by e-mailing
a request for a waiver to
PIH_Disaster_Relief@hud.gov,
PIH_Ritadisaster_Relief@hud.gov, or
PIH_Wilmadisaster_Relief@hud.gov.
The request was required to specify the
need for the waiver of the requirement.
HUD would review and respond to
waiver requests submitted through the
e-mail addresses using an expedited
waiver process that would assign a
priority to such requests and maximize
the use of electronic communications.
As with the previous notices, this
notice provides that PIH program
administrators not located in a disaster
area but contributing to the relief and
recovery efforts must request a waiver of
the regulations or administrative
requirements by e-mailing the request
for a waiver to
PIH_Disaster_Relief@hud.gov,
PIH_Ritadisaster_Relief@hud.gov, or
PIH_Wilmadisaster_Relief@hud.gov.
This process remains in effect unless a
specific waiver provision (e.g., under
UFRS or PHAS) states that it will be
applied automatically to the nondisaster PHAs that previously requested
and received the waivers under the
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original notices, or if a specific waiver
is not eligible for continued deferral, as
identified in Section III below.
C. Regulations and Requirements Not
Waived in This Notice
In the three prior notices published
previously, HUD provided that, for any
regulation or other administrative
requirement not listed in each notice for
which a PIH program administrator
sought a waiver or suspension, the
program administrator could seek a
waiver by e-mailing a request to
PIH_Disaster_Relief@hud.gov,
PIH_Ritadisaster_Relief@hud.gov, and
PIH_Wilmadisaster_Relief@hud.gov.
Any such request had to specify the
need for the waiver of the requirement.
As noted earlier in this notice, waiver
requests submitted through each e-mail
address would receive expedited and
priority processing, and HUD would
respond to the requestor by e-mail.
That expedited waiver process was
provided only for waiver or suspension
of requirements that would assist with
Hurricanes Katrina, Rita, and Wilma
relief and recovery efforts. HUD would
not respond to any waiver requests
submitted to any of the hurricane
designated e-mail addresses that were
unrelated to relief and recovery of the
disaster areas.
This process remains in effect for this
notice.
III. Authority to Grant Waivers
In general, waivers of HUD
regulations are handled on a case-bycase basis. Under statutory requirements
set forth in section 7(q) of the
Department of Housing and Urban
Development Act (42 U.S.C. 3535(q)), a
regulated party that seeks a waiver of a
HUD regulation must request a waiver
from HUD in writing and the request
must specify the need for the waiver.
HUD then responds to the request in
writing and, if the waiver is granted,
HUD includes a summary of the waiver
granted (and all regulatory waivers
granted during a 3-month period) in a
Federal Register notice that is
published quarterly. Since the damage
to property and the displacement of
families and individuals in the disaster
areas was massive, and the need for
regulatory relief in many areas
pertaining to HUD-assisted housing
readily apparent, HUD suspended its
usual regulatory waiver protocols for the
disaster areas and substituted an
expedited process that meets the
requirements of section 7(q).
In its quarterly notice of regulations
waived, HUD identifies the PIH program
administrators in the disaster areas that
are utilizing: (1) One or more of the
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waived regulations in the three notices
or (2) other regulations for which a
waiver was requested or granted. The
quarterly notice also identifies PIH
program administrators that are located
in non-federally declared disaster areas
and are contributing to Hurricane
Katrina, Rita, or Wilma relief and
recovery efforts, and that requested and
were granted waivers in accordance
with the waiver process, as provided in
each notice.
The regulatory and administrative
requirements set forth in Section III of
each of the prior notices were waived or
temporarily deferred or suspended, as
provided in each notice. This action was
determined necessary to help PIH
program administrators in the disaster
areas in the identification and delivery
of housing for families and individuals
displaced from their homes by
Hurricanes Katrina, Rita, and Wilma.
With respect to this notice, the term
‘‘PIH program administrators,’’ as
referenced in Section III of this notice,
includes those PHAs, tribes, and TDHEs
located in disaster areas.
As the preceding discussion discloses,
the process for deferring compliance
with certain requirements listed in this
notice is similar to the process utilized
under the previously published notices,
with some exceptions. First, PHAs,
tribes, and TDHEs located in a federally
declared disaster area will be required
to notify HUD within 45 calendar days
of the effective date of this notice that
they intend to continue deferring
compliance during the extended waiver
period. If the PHAs, tribes, and TDHEs
are outside the disaster areas but are
continuing to assist recovery efforts,
they must submit a new waiver request
during the extended waiver period.
Secondly, some waivers (e.g., UFRS,
PHAS) will be automatically applied to
PHAs, tribes, and TDHEs that
previously notified HUD they were
deferring compliance or that requested
the waiver and were granted approval to
defer compliance. Finally, this notice
does not provide an extension of
deferral of compliance with the
following requirements:
A. Requirements for Which No Waiver
Extension Is Provided by This Notice
1. Waiver of Indian Community
Development Block Grant Program
(ICDBG) 50 Percent Downpayment
Assistance Limitation for Low- and
Moderate-Income Homebuyers. Section
122 of the Housing and Community
Development Act of 1974 (‘‘Act’’) (42
U.S.C. 5321) authorizes the Secretary to
suspend requirements for activities that
address the damage in a Presidentially
declared disaster area. Section
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105(a)(24)(D) of the Act (42 U.S.C. 5305)
permits a grantee to provide
downpayment assistance to low- and
moderate-income homebuyers, but
limits the assistance to 50 percent of the
amount of downpayment the
homebuyer must provide. Because of
the extraordinary need for housing
among low- and moderate-income
evacuees, HUD found good cause to
permit downpayment assistance of up to
100 percent for the purchase of homes
in the disaster area. Based on
consultation with affected entities, this
waiver is not extended.
2. 24 CFR 5.216(g)(5) (Disclosure and
Verification of Social Security and
Employer Identification Numbers).
Section 5.216 addresses the disclosure
and verification of Social Security
Numbers and employer identification
numbers of applicants for assistance
under certain HUD-assisted housing
programs. Section 5.216(g) imposes
special documentation requirements on
applicants, and subsection (g)(5)
establishes the time limit for submission
of this documentation. The time period
required for submission of verification
documents was waived for a period of
3 months, in the case of all families,
and, with HUD approval, for a period
not to exceed 12 months.
Under this notice, this waiver is not
extended. The use of Social Security
and employer identification numbers is
essential for updating and maintaining
HUD’s management information
systems and the Department’s key
initiatives for ensuring accurate
reporting. As a result, HUD believes it
is not advisable to further extend the
time frames for disclosures and
submitting verification documents.
3. 24 CFR 5.512(c) (Verification of
Eligible Immigration Status; Secondary
Verification). Section 5.512 provides the
process by which verification of eligible
immigration status must be undertaken
for families seeking assistance under
certain HUD programs. While the
declaration of eligibility and this
verification process is required by
statute and cannot be waived, HUD does
have the authority to waive certain
deadlines. Section 5.512(d) provides the
time frame under which a secondary
verification must be requested from the
Immigration and Customs Enforcement
(ICE), by the responsible entity, when
the primary verification (the automated
verification system) is not conclusive of
immigration status. The responsible
entity must submit a request to ICE to
undertake a secondary verification
within 10 days of receipt of the results
of the primary verification, and must
provide the ICE with all records on the
applicant, evidencing citizen or eligible
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immigration status, that the applicant
has provided to the responsible entity.
The three previous notices expanded
the time frame under which a secondary
verification must be requested, from 10
days after the date of the results of the
primary verification to 90 days after
such date.
Under this notice, this waiver is not
extended. HUD believes it is not
advisable to further extend the time
frames for requesting from ICE the
secondary verifications of eligible
immigration status.
4. 24 CFR 1000.156 and 1000.158
Indian Housing Block Grant (IHBG)
Moderate Design Requirements for
Housing Development. The IHBG
program regulations at §§ 1000.156 and
1000.158 require that housing
developed with IHBG funds must be of
moderate design. Under these regulatory
sections, IHBG recipients must either
adopt written moderate design
standards or comply with the total
development cost (TDC) limits issued by
HUD. In recognition of the higher
development costs in communities
affected by Hurricane Katrina, and to
facilitate the development of housing for
families in such communities, these
moderate design requirements were
waived for IHBG recipients until
issuance of new TDC levels. Based on
consultation with affected entities, this
waiver is not extended.
5. 24 CFR 1000.214 (Indian Housing
Plan (IHP) Submission Deadline). To
receive an IHBG formula allocation, an
Indian tribe or its TDHE must annually
submit an IHP to HUD describing the
affordable housing activities the Indian
tribe or TDHE will undertake. Section
1000.214 requires that the IHP must be
submitted to HUD no later than July 1
of each year. This section was waived to
permit tribes and TDHEs to undertake
affordable housing activities on behalf
of families displaced by Hurricane
Katrina, Rita, or Wilma, although such
activities may not have been identified
in the IHP originally submitted by the
tribe or TDHE.
Based on consultation with affected
entities, this waiver is not extended.
6. 24 CFR 1003.400(c) and Section I.C.
of Fiscal Year (FY) 2005 ICDBG Program
Notice of Funding Availability (NOFA)
(Grant Ceilings for ICDBG Imminent
Threat Applications). The ICDBG
regulations at § 1003.400(c) provide that
HUD will establish grant ceilings for
imminent threat applications. On March
21, 2005, HUD published its FY2005
ICDBG NOFA as part of HUD’s FY2005
SuperNOFA (70 FR 13655). Section I.C.
of the FY2005 ICDBG NOFA specifies
that the grant ceiling for ICDBG
imminent threat requests for FY2005 is
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$425,000. This grant ceiling was waived
to permit applicants to request
imminent threat funding in excess of
$425,000, if necessary to address
disaster-related needs in their
communities.
This waiver is not extended. The
grant ceiling requirement was included
as part of the FY2005 ICDBG grant
funding cycle, which has passed.
7. 24 CFR 1003.401 and Section I.C.
of FY2005 ICDBG NOFA (Application
Requirements for ICDBG Imminent
Threat Funds). The ICDBG regulations
at § 1003.401 provide that, in response
to applications for assistance, HUD may
make ICDBG funds available to
applicants to address imminent threats
to health and safety. The regulations
further provide that applications must
contain the information specified by the
annual ICDBG NOFA. For FY2005, the
required information that must be
contained for imminent threat
applications is located in Section I.C. of
the FY2005 ICDBG NOFA. These
application requirements were waived
to permit Indian tribes located in areas
affected by Hurricane Katrina to more
expeditiously request and receive
ICDBG imminent threat funds.
This waiver is not extended. The
application requirements waived were
part of the FY2005 ICDBG grant funding
cycle, which has passed.
8. 24 CFR 1003.604 (ICDBG Citizen
Participation Requirements). The ICDBG
regulations at § 1003.604 require
applicants to consult with residents
prior to submitting their funding
applications. The consultation
requirements have the potential to delay
the ability of ICDBG recipients to
address urgent housing, health, and
safety needs of persons displaced by
Hurricane Katrina. Accordingly, this
section was waived to permit eligible
ICDBG applicants to address disasterrelated needs without the need for prior
resident consultation.
This waiver is not extended. The
resident consultation requirement was
waived as part of the FY2005 ICDBG
grant funding cycle, which has passed.
9. 24 CFR 982.206 (Waiting List;
Opening and Public Notice). This
section requires a PHA to give public
notice that families may apply for
tenant-based assistance. The regulation
requires a PHA to publish, in a local
newspaper of general circulation, and
also by minority media and other
suitable means, a notice of the opening
of the waiting list. The requirement to
publish in a newspaper of general
circulation and also by minority media
was waived, and a PHA was permitted
to provide such information on its
website and at any of its offices, and in
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a voice mail message for any callers that
may inquire whether a list is opened.
Under this notice, the waiver of the
requirement for publishing a notice of
the opening of a waiting list, in local
newspapers of general circulation and
in minority media or other means, is not
extended. In the 15 months after the
hurricanes, PHAs should now have the
ability to secure publication of the
opening of their waiting lists. It is
especially important to relocation efforts
that PHAs advertise, in a variety of
media, that they are now ready to accept
tenant applications.
B. Requirements Eligible under this
Notice for Continued Extension of
Deferral of Compliance
The following requirements are
eligible for continued deferment of
compliance, in accordance with the
procedures of this notice and subject to
any specific conditions that may be
identified in the description of the
requirement for which compliance may
be deferred.
1. Statutory Requirements with BuiltIn Waiver Authority.
a. Extension of Deadline for
Obligation and Expenditure of Capital
Funds. Section 9(j)(2) of the United
States Housing Act of 1937 (42 U.S.C.
1437g(j)(2)) (1937 Act) authorizes the
Secretary to extend the time period for
obligation of capital funds by PHAs, as
set forth in section 9(j)(1), for such
period as the Secretary determines
necessary if the Secretary determines
that the failure of the PHA to obligate
assistance in a timely manner is
attributable to, among other criteria
listed, an event beyond the control of
the PHA, or any other reason
established by the Secretary by notice
published in the Federal Register.
Pursuant to section 9(j)(1) of the 1937
Act, PHAs are required to obligate
capital funds not later than 24 months
after the date on which the funds
became available, or the date on which
the PHA accumulates adequate funds to
undertake modernization, substantial
rehabilitation, or new construction of
units, plus the period of any extension
approved under section 9(j)(2). Because
Hurricane Katrina was beyond the
control of the PHAs located in the
disaster areas and caused such massive
and widespread destruction and
displacement, the obligation deadline
under section 9(j)(1) of the 1937 Act is
hereby extended, pursuant to section
9(j)(2) of the 1937 Act, for an additional
12 months for PHAs located in the areas
declared a federal disaster area.
In addition, section 9(j)(5)(A) of the
1937 Act requires a PHA to expend
capital funds not later than 4 years after
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the date on which the funds become
available for obligation, plus the period
of any extension approved under
section 9(j)(2). The expenditure period
under section 9(j)(5) is accordingly also
extended in the affected areas for 12
months to include the extension
approved under section 9(j)(2). The
extension of the section 9(j) obligation
and extension deadlines made in this
notice also apply to the implementing
regulation for section 9(j) at 24 CFR
905.120.
Under this extension notice, the
original deadlines for obligation and
expenditure of capital funds may be
extended an additional 12 months from
the initial 12 months plus subsequent 3
months made available under the
Katrina, Rita, and Wilma regulatory and
administrative waiver notices for all
PHAs in federally declared disaster
areas that previously notified HUD they
were suspending compliance with this
requirement, thereby allowing a total of
27 additional months beyond the
original obligation and expenditure
deadlines, subject to submission to HUD
of the necessary notification or waiver
request to cover the extended waiver
period, as explained in the Summary
and Section II.A.(2) of this notice.
b. Extension of Deadlines for
Improvement of PHAs Designated
Troubled or Substandard (Extension
Available for PHAs in Hurricane Rita as
well as Hurricane Katrina Disaster
Areas). Sections 6(j)(3)(B)(ii)(I) and (II)
of the 1937 Act (42 U.S.C.
1437d(j)(3)(B)(ii)(I) and (II)) and the
implementing regulations for these
sections at 24 CFR 902.75(d)(1) and (2)
require that a PHA designated as
troubled improve its performance by 50
percent within one year of such
designation, and improve its
performance to no longer be designated
as troubled within 2 years of such
designation. The implementing
regulations also apply these one- and 2year deadlines for improvement to
PHAs designated as overall troubled and
substandard. The consequences for
failure to timely achieve the required
improvements could require the
appointment of a receiver for the PHA,
pursuant to section 6(j)(3)(B)(ii)(III) of
the 1937 Act and 24 CFR 902.77 of the
implementing regulations. The apparent
meaning of the provision is that
Congress intended that a troubled PHA
would have one or 2 uninterrupted
years of continuous operation during
which to improve its performance so
that it is no longer designated as
troubled, before the actions by the
Secretary required under section
(6)(j)(3)(B)(ii)(III) would be triggered.
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HUD has determined that because the
extraordinary conditions created by
Hurricanes Katrina and Rita cited
throughout this notice and the notice
published on October 3, 2005 (70 FR
57716), were caused by acts outside the
control of any PHA, and outside the
control of any government or private
entity, and because such conditions
interrupted the one-or 2-year period of
contemplated continuous operation of
the troubled agency in the disaster
areas, the Secretary will extend, by 12
months, each of the respective periods
for improvement under sections
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act
and the implementing regulations for
these sections (at 24 CFR 902.75(d)(1)
and (2)) for troubled or substandard
PHAs in the disaster area that were
substantially impacted by Hurricanes
Katrina and Rita. This action will permit
the administrators of affected PHAs
designated as troubled or substandard to
devote their attention to the fullest
extent necessary to address the
problems created by the disaster.
Under this extension notice, the
respective periods for improvement are
extended by an additional 12 months
from the initial 12 months plus
subsequent 3 months made available
under the prior Katrina, Rita, and Wilma
regulatory and administrative waiver
notices, for a total of 27 months beyond
the standard deadlines for the respective
periods for improvement, subject to
submission to HUD of the necessary
notification or waiver request to cover
the extended waiver period, as
explained in the Summary and Section
II.A.(2) of this notice.
2. Regulatory Requirements.
a. 24 CFR 5.801(c) and 5.801(d)(1)
(Uniform Financial Reporting Standards
(UFRS); Reporting Due Date). These
sections establish uniform financial
reporting standards for PHAs and other
owners and administrators of HUDassisted housing. Section 5.801(c)
establishes the financial information
requirements and § 5.801(d)(1)
establishes the filing deadline for
financial information and provides that
PHAs must submit their unaudited
financial information no later than 60
days after the end of their fiscal year. In
addition, § 5.801(d)(1) requires that
PHAs submit their audited financial
information no later than 9 months after
the PHA’s fiscal year end. Under the
original three notices, the deadline for
the submission of unaudited financial
information was changed from 60 days
to 180 days after the end of the PHA’s
fiscal year. Also, under the original
three notices, the deadline for the
submission of audited financial
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information was changed from 9 months
to 13 months after the end of the PHA’s
fiscal year, for PHAs with fiscal years
ending December 31, 2004, and March
31, 2005.
Under this notice, the deadline for
submitting unaudited financial
information is automatically changed
from 60 days to 180 days after the end
of the PHA’s fiscal year for PHAs in the
federally declared disaster areas that
previously notified HUD they were
utilizing the extended deadlines for
unaudited financial submissions set
forth in the original Hurricane Katrina,
Rita, and Wilma waiver notices, as well
as for PHAs in non-disaster declared
areas contributing to Hurricanes
Katrina, Rita, and Wilma recovery
efforts that requested and were granted
an extended deadline for unaudited
financial submissions under the original
three waiver notices. The extended
deadline will apply only to eligible
PHAs with fiscal years ending December
31, 2006, March 31, 2007, June 30, 2007,
and September 30, 2007. The deadline
for submitting audited financial
information is not changed and remains
9 months after the end of the PHA’s
fiscal year.
Although PHAs are still required to
submit unaudited and audited financial
information pursuant to UFRS, they will
not be scored under the Public Housing
Assessment System (PHAS), as more
fully discussed in Section III.B.2.b.
b. 24 CFR part 902 (Public Housing
Assessment System (PHAS)). Part 902
sets out the indicators by which HUD
measures the performance of a PHA.
These indicators measure a PHA’s
physical condition, financial condition,
management operations, and resident
service and satisfaction.
In the original three notices, for PHAs
in the federally declared disaster area
beginning with a fiscal year ending
September 30, 2005, and for those with
fiscal years ending March 31, 2005, and
June 30, 2005, that had not yet received
their physical condition inspections for
2005, the PHAS score would be the
same as their previous year score.
However, PHAs were still required to
submit unaudited and audited
information in accordance with Section
III.B.3 of the original notice.
Under this extension notice, PHAs in
the federally declared disaster areas that
previously notified HUD they were
suspending the requirements set forth in
the Hurricane Katrina, Rita, and Wilma
waiver notices, as well as PHAs in nondisaster declared areas contributing to
Katrina, Rita, and Wilma recovery
efforts that requested and were granted
a waiver by HUD, will be automatically
waived for fiscal years ending December
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00:17 Dec 27, 2006
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31, 2006, March 31, 2007, June 30, 2007,
and September 30, 2007, and will
receive the same PHAS score that they
received for the most recent year that
they were fully assessed under PHAS.
However, these PHAs must submit
unaudited and audited information in
accordance with Section III.B.2.a.
Beginning with fiscal years ending
December 31, 2007, and continuing for
all fiscal years thereafter, these PHAs
will be fully assessed under PHAS,
unless they notify HUD within 45
calendar days of the effective date of
this notice that they want to be scored
under PHAS sooner. Thus, on January 1,
2007, the affected PHAs must begin to
prepare for their PHAS assessments that
will start with the PHAs with fiscal
years ending December 31, 2007.
c. 24 CFR 903.5 (Annual Plan
Submission Deadline). Section 5A(h)(2)
of the 1937 Act (42 U.S.C. 1437c–
1(h)(2)) and 24 CFR 903.5 provide that
a PHA Annual Plan must be submitted
no later than 75 days before the
commencement of a PHA’s fiscal year.
Each PHA affected may have a different
fiscal year and for those PHAs that are
approaching this submission deadline,
this requirement may be impossible to
meet because the PHAs are not
operating. Because this requirement is a
statutory one and not waivable by HUD
without further authority, HUD is
currently seeking legislative relief. In
the interim, HUD will accept, as a
submission, a letter from the PHA
stating that HUD should consider its
existing annual plan to be the plan for
the next year or until it submits another
annual plan. For Capital Fund activities,
PHAs may obligate their Capital Funds
for any activity listed in their existing
and approved 5-year plan. PHAs should
also submit amendments to their 5-year
plan to the extent necessary.
For this extension period ending
December 31, 2007, HUD will continue
to accept, as a PHA Plan submission, a
letter from the PHA stating that HUD
should consider its existing annual plan
to be the plan for the next year or until
it submits another annual plan, subject
to submission to HUD of the necessary
notification or waiver request to cover
the extended waiver period, as
explained in Section II.A.(2) of this
notice. PHAs are still required to submit
the Capital Fund Annual Statement and
Performance and Evaluation Report for
each open grant.
d. 24 CFR 905.10(i) (Capital Fund
Formula; Limitation of Replacement
Housing Funds to New Development).
Section 905.10 describes the Capital
Fund formula. Section 905.10(i) limits
the use of replacement housing funds to
the development of new public housing.
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78027
This section is waived to allow
replacement housing funds to be used
for two other areas: (1) Public housing
modernization and (2) homeownership
for public housing families, which will
help address housing needs caused by
Hurricane Katrina.
Under this extension, the time frame
during which the PHA has the authority
to use Replacement Housing Factor
(RHF) grants for modernization or
homeownership is extended for an
additional period ending December 31,
2007, subject to submission to HUD of
the necessary notification or waiver
request to cover the extended waiver
period, as explained in the Summary
and Section II.A.(2) of this notice. PHAs
are required to resubmit their RHF Plans
and identify which RHF grants will be
used for modernization or
homeownership.
e. 24 CFR 941.306 (Maximum Project
Cost). Section 941.306 establishes the
calculation of maximum project cost
and the calculation of the total
development cost. In order to facilitate
the use of capital funds for repairs and
construction for needed housing in the
disaster areas, HUD has waived the total
development cost (TDC) and housing
cost cap limits for all work funded by
the Capital Fund and HOPE VI funds
until issuance of new TDC levels. Until
new TDC levels are issued, PHAs
should strive to keep housing costs
reasonable in light of local market
conditions.
Under this waiver extension notice,
the time frame during which PHAs have
the authority to waive the TDC and
housing cost cap limits is extended for
an additional period, ending December
31, 2007, subject to submission to HUD
of the necessary notification or waiver
request to cover the extended waiver
period, as explained in the Summary
and Section II.A.(2) of this notice, and
in recognition of the higher
development costs in communities
affected by Hurricanes Katrina, Rita, and
Wilma, and to facilitate the
development of housing for families in
these communities.
f. 24 CFR 965.302 (Requirements for
Energy Audits). This section establishes
the requirement that all PHAs complete
an energy audit for each PHA-owned
project under management, not less than
once every 5 years. PHAs that were
required to conduct or update an audit
this year are given an additional 12
months after September 30, 2005, to
complete the audit. HUD is relieving
PHAs of this administrative burden so
that they may focus on the more urgent
need to house impacted families.
Under this notice, PHAs that are
required to conduct or update an audit
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
in the current year are given until
December 31, 2007, to complete the
audit, subject to submission to HUD of
the necessary notification or waiver
request to cover the extended waiver
period, as explained in the Summary
and Section II.A.(2) of this notice.
g. 24 CFR 982.54 (Administrative
Plan). This section provides that a PHA
must adopt, in accordance with HUD
requirements, a written administrative
plan that establishes local policies for
the administration of the Housing
Choice Voucher Program. In order to
allow PHAs to exercise maximum
flexibility with program administration
as a result of Hurricane Katrina, the
PHA may temporarily revise the
administrative plan to address unique
circumstances without PHA Board of
Commissioners approval or other
authorized PHA official approval, if
such Board or officials also waive this
requirement.
Under this notice, the waiver is
extended an additional time period,
ending December 31, 2007, subject to
submission to HUD of the necessary
notification or waiver request to cover
the extended waiver period, as
explained in the Summary and Section
II.A.(2) of this notice.
h. 24 CFR 982.401(d) (Housing
Quality Standards: Space
Requirements). By regulation, § 982.401
establishes housing quality standards.
Section 982.401(d) provides, among
other things, the requirement for
adequate space for the family. With
respect to space, this section provides
that each dwelling unit must have at
least one bedroom or living/sleeping
room for every two persons. The spacing
requirements of this section can be
waived only if the family understands
and consents to a waiver of this
provision. Again, as noted from the
outset, the waiver of these regulations
does not represent a long-term change
but rather a temporary suspension of
requirements to address emergency
needs.
Under this notice, the waiver of space
requirements is extended an additional
time period, ending December 31, 2007,
subject to submission to HUD of the
necessary notification or waiver request
to cover the extended waiver period, as
explained in Section II.A.(2) of this
notice.
i. 24 CFR 982.503(b) (Waiver of
Payment Standard Limit; Establishing
Payment Standard Amounts). [Waiver of
this Provision Available through Waiver
Request.] Section 982.503(b) imposes a
cap on the amount a PHA may establish
as its payment standard amount at 110
percent of the published fair market rent
(FMR). In order to expand the housing
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available to families displaced by
Hurricane Katrina, PHAs in disaster
areas may establish separate payment
standard amounts up to 120 percent of
the published FMR. Higher exception
payment standards above 120 percent
may be requested through the expedited
waiver process, but must be justified by
rental housing data. In all cases, the
actual gross rent for the unit leased by
the family may not exceed what is
charged for comparable unassisted units
in the area.
Note that areas outside of disaster
areas in which rental housing markets
have been significantly affected by
families displaced by Hurricane Katrina
may request a waiver through the
expedited waiver review process, set
forth in Section II of this notice, for
approval of payment standards in excess
of 110 percent of the published FMRs.
However, the PHA must provide
information indicating that: (1) They
have a significant number of displaced
families and (2) area rents have
increased.
Under this notice, the waiver of
payment standard limits is extended an
additional time period, ending
December 31, 2007, subject to
submission to HUD of the necessary
waiver request to cover the extended
waiver period as explained in the
Summary and Section II.A.(2) of this
notice, and upon HUD approval of
waiver requests submitted through the
expedited waiver process.
j. 24 CFR 984.303 (Contract of
Participation; Family Self-Sufficiency
(FSS) Program; Extension of Contract)
and 24 CFR 984.105 (Minimum Program
Size). Part 984 of HUD’s regulations
provide the requirements for the Section
8 and Public Housing FSS Program.
Section 984.303 sets out the
requirements for the contract of
participation, and § 984.303(d) allows
for an extension of the FSS program for
a period not to exceed 2 years. For those
families at the end of their initial
contract term, the 2-year limitation is
waived and PHAs may provide an
extension for a period not to exceed 3
years. This additional time period
would account for any time lost on the
FSS contract as a result of the
displacement of families participating in
the FSS program. Section 984.105 sets
out the requirements for minimum FSS
program size. This notice exempts PHAs
from the minimum program size
(§§ 984.105(a) and (b)) for a period of 2
years.
Under this waiver extension notice,
the 2-year limitation continues to be
waived and PHAs may extend the
extension period an additional 12
months, not to exceed 4 years; and the
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minimum program size exemption may
be extended an additional 12 months,
for a period of 3 years, subject to
submission to HUD of the necessary
notification or waiver request to cover
the extended waiver period, as
explained in the Summary and Section
II.A.(2) of this notice.
k. 24 CFR part 985 (Section 8
Management Assessment Program
(SEMAP)). Part 985 sets out the
requirements by which Section 8 tenantbased assistance programs are assessed.
Similar to the action that HUD has taken
with respect to the PHAS regulations in
24 CFR part 902, PHAs administering a
Section 8 tenant-based assistance
program are eligible to defer compliance
with the SEMAP requirements for a
period of 12 months.
Under this waiver extension notice,
eligibility to defer compliance with
SEMAP requirements is extended
another 12 months, similarly to
eligibility to defer compliance with
PHAS requirements, except that this
waiver is subject to submission to HUD
of the necessary notification or waiver
request to cover the extended waiver
period, as explained in the Summary
and Section II.A.(2) of this notice. That
is, PHAs in the federally declared
disaster areas that notify HUD they are
suspending this requirement during the
extended waiver period, and PHAs in
non-disaster declared areas contributing
to Hurricanes Katrina, Rita, and Wilma
recovery efforts that request and are
granted a waiver by HUD during the
waiver extension period with fiscal
years ending December 31, 2006, March
31, 2007, June 30, 2007, and September
30, 2007, will receive the same SEMAP
score that they received for the most
recent year that they were fully assessed
under SEMAP. Beginning with fiscal
years ending December 31, 2007, these
PHAs will be fully assessed under
SEMAP.
l. 24 CFR 990.145 (Dwelling Units
with Approved Vacancies). Section
990.145 of the Operating Fund Program
regulation lists the categories of vacant
units that are eligible to receive
operating subsidy and, therefore, are
considered approved vacancies. PHAs
that had vacant units during the
reporting period that were not
‘‘approved’’ vacancies pursuant to
§ 990.145, but were available for
occupancy, may treat those units as
approved vacancies if: (1) The PHA
anticipates the units will be occupied by
families and individuals affected by the
disaster during the upcoming funding
year or (2) the PHA is holding the units
vacant for families and individuals
affected by the disaster.
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Under this notice, PHAs may
continue to treat vacant units as
approved, if the subject conditions are
met, for FY2007 operating subsidy
calculations, subject to submission to
HUD of the necessary notification or
waiver request to cover the extended
waiver period, as explained in the
Summary and Section II.A.(2) of this
notice.
IV. Twelve-Month Extension of Waivers
Due to the lengthy recovery period
brought about by Hurricanes Katrina,
Rita, and Wilma, HUD will
automatically extend for an additional
period, ending December 31, 2007, or
for such other period as specified in this
notice (e.g., for UFRS and PHAS
waivers): (1) Those waivers that PHAs
in the disaster-declared areas notified
HUD they were utilizing and (2) those
waivers that PHAs outside of the
disaster declared areas that were
assisting with recovery efforts in the
disaster areas requested and were
approved for by HUD under the waiver
notices published for each hurricane. A
list of those PHAs is included with this
notice. The expiration date for waivers
granted under the Hurricane Katrina
notice published October 3, 2005, is
78029
December 28, 2006; the one for the
Hurricane Rita notice published
November 1, 2005 (70 FR 66222), is
January 26, 2007; and the one for the
Hurricane Wilma notice published on
March 13, 2006, is June 7, 2007.
Any PHA that does not wish for or
need an automatic extension must
notify HUD within 45 calendar days of
the effective date of this notice by using
the e-mail addresses identified in
Section II of this notice.
Dated: December 21, 2006.
Roy A. Bernardi,
Deputy Secretary.
APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER
ORIGINAL WAIVER NOTICES
Disaster (Katrina,
Rita or Wilma)
Agency type
(PHA/TDHE/
tribe/local
government)
Agency
code
Agency or government name
Katrina Suspension Notifications Received
sroberts on PROD1PC70 with NOTICES
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
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PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
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Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
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PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
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AL165
LA001
LA003
LA004
LA005
LA011
LA012
LA013
LA024
LA026
LA029
LA036
LA043
LA045
LA055
LA063
LA070
LA076
LA080
LA090
LA092
LA094
LA095/
LA181
LA103
LA254
LA122
LA132
LA178
LA207
LA215
LA219
LA221
LA238
LA253
LA262
MS001
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MS003
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Foley Housing Authority
Housing Authority of New Orleans
East Baton Rouge Parish Housing Authority
Lake Charles Housing Authority
Lafayette Parish Housing Authority
Westwego Housing Authority
Housing Authority of Kenner
Jefferson Parish Housing Authority
Bogalusa Housing Authority
Kaplan Housing Authority
Crowley Housing Authority
Morgan City Housing Authority
Donaldsonville Housing Authority
Arcadia Housing Authority
Housing Authority of the City of Opelousas
Sulphur Housing Authority
Housing Authority of the Town of Patterson
Ferriday Housing Authority
Housing Authority of Lafourche Parish
Houma-Terrebonne Housing Authority
St. James Parish Housing Authority
St. Charles Parish Housing Authority
Housing Authority of St. John the Baptist Parish
Slidell Housing Authority
Pearl River Housing Authority
Colfax Housing Authority
Avoyelles Parish Section 8 Program
St. Martin Parish Police Jury
Tangipahoa Parish Government
Assumption Parish Police Jury
City of Baton Rouge Office of Community Development
Morgan City Housing Authority
Covington Housing Authority
Housing Authority of Lafourche Parish
East Carroll Parish Housing Authority
Hattiesburg Housing Authority
City of Laurel Housing Authority
The Housing Authority of the City of McComb City, Mississippi
The Housing Authority of the City of Meridian
Biloxi Housing Authority
Mississippi Regional Housing Authority No. V
Mississippi Regional Housing Authority No. VIII
The Housing Authority of the City of Starkville, Mississippi
Mississippi Regional Housing Authority No. VII
Mississippi Regional Housing Authority No. VI
Canton Housing Authority
Bay St. Louis Housing Authority
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER
ORIGINAL WAIVER NOTICES—Continued
Disaster (Katrina,
Rita or Wilma)
Agency type
(PHA/TDHE/
tribe/local
government)
Agency
code
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
PHA ............
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Tribe ...........
Tribe ...........
MS066 .....
MS067 .....
MS071 .....
MS077 .....
MS082 .....
MS084 .....
MS086 .....
MS094 .....
MS101 .....
MS103 .....
MS105 .....
MS107 .....
MS109 .....
Tribe .........
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Tribe .........
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Agency or government name
Picayune Housing Authority
Richton Housing Authority
Aberdeen Housing Authority
Tupelo Housing Authority
Winona Housing Authority
Housing Authority of the Town of Summit
Vicksburg Housing Authority
Hazlehurst Housing Authority
Waveland Housing Authority
Housing Authority of the City of Jackson, Mississippi
Natchez Housing Authority
Greenwood Housing Authority
Long Beach Housing Authority
Tunica-Biloxi Tribe of Louisiana
Choctaw Housing Authority
Chitimacha Tribe of Louisiana
Poarch Band of Creek Indians
Katrina Waiver Requests Submitted
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
Katrina
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PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
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AR006 ......
CA004 ......
CA052 ......
CA058 ......
CO005 .....
CT001 ......
FL003 .......
FL089 .......
GA059 ......
GA148 ......
MA029 .....
MD002 .....
MI024 .......
MO004 .....
MO006 .....
NJ050 ......
NY086 ......
TN001 ......
TX063 ......
TX431 ......
Housing Authority of the City of Conway
Housing Authority of the City of Los Angeles
Housing Authority of the County of Marin
Berkeley Housing Authority
Housing Authority of the City of Trinidad
Housing Authority of the City of Bridgeport
Tampa Housing Authority
Hillsborough County—OCC
Gainesville Housing Authority
Housing Authority City of Dallas, Georgia
Pittsfield Housing Authority
Housing Authority of Baltimore City
Bay City Housing Commission
Housing Authority of St. Louis County
Saint Charles City Housing Authority
East Orange Housing Authority
North Hempstead Housing Authority
Housing Authority of the City of Memphis
Hearne Housing Authority
Tarrant County Housing Assistance Office
sroberts on PROD1PC70 with NOTICES
Rita Suspension Notifications Received
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
Rita
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VerDate Aug<31>2005
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
PHA
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00:17 Dec 27, 2006
LA046
LA065
LA084
LA090
LA172
LA261
LA889
TX004
TX005
TX006
TX009
TX018
TX023
TX029
TX034
TX037
TX223
TX225
TX383
TX431
TX436
TX451
TX492
TX512
TX526
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......
......
Housing Authority of the Town of Vinton
Housing Authority of the Town of Delcambre
Parks Housing Authority
Houma-Terrebonne Housing Authority
Calcasieu Parish Housing Department
Fenton Housing Authority
Pilgrim Rest Community Development Agency
Fort Worth Housing Authority
Housing Authority of the City of Houston
San Antonio Housing Authority
Housing Authority of the City of Dallas, Texas
Lubbock Housing Authority
Housing Authority of the City of Beaumont
Mercedes Housing Authority
City of Port Arthur Housing Authority
Orange Housing Authority
Newton Housing Authority
Woodville Housing Authority
San Augustine Housing Authority
Tarrant County Housing Assistance Office
City of Mesquite Housing Authority
Asherton Housing Authority
Jasper Housing Authority
Deep East Texas Council of Governments (DETCOG) Regional Housing Authority
Brazos Valley Council of Governments
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APPENDIX A.—PHAS/TRIBES/TDHES THAT SUBMITTED WAIVER SUSPENSION NOTIFICATIONS OR REQUESTS UNDER
ORIGINAL WAIVER NOTICES—Continued
Disaster (Katrina,
Rita or Wilma)
Agency type
(PHA/TDHE/
tribe/local
government)
Agency
code
Rita ....................
PHA ............
TX540 ......
Agency or government name
Brenham Section 8 Program, City of (BVDC)
Wilma Suspension Notifications Received
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
Wilma
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FL005
FL010
FL013
FL017
FL021
FL025
FL066
FL076
FL116
FL136
FL144
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.......
.......
.......
.......
.......
.......
Miami Dade Housing Authority
Housing Authority of Fort Lauderdale
Housing Authority City of Key West
Housing Authority City of Miami Beach
Pahokee Housing Authority
Housing Authority of the City of Titusville
Hialeah Housing Authority
Riviera Beach Housing Authority
Dania Beach Housing Authority
Hollywood Housing Authority
Monroe County Housing Authority
Wilma Waiver Requests Submitted
Wilma .................
PHA ............
FL003 .......
Tampa Housing Authority
[FR Doc. 06–9902 Filed 12–22–06; 10:58 am]
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Agencies
[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 78022-78031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9902]
[[Page 78021]]
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Part V
Department of Housing and Urban Development
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Hurricanes Katrina, Rita, and Wilma Disaster Areas; Extension of
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs To Assist With Recovery and Relief; Notice
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 /
Notices
[[Page 78022]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5018-N-02]
Extension of Regulatory and Administrative Waivers Granted for
Public and Indian Housing Programs To Assist With Recovery and Relief
in Hurricanes Katrina, Rita, and Wilma Disaster Areas
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public of HUD's decision to extend for
an additional period ending December 31, 2007, or for such other period
as specified in this notice (e.g., Uniform Financial Reporting
Standards (UFRS) and Public Housing Assessment System (PHAS) waivers)
certain HUD regulations and other administrative requirements governing
HUD's Office of Public and Indian Housing (PIH) programs that were
identified and waived or deferred under notices of Regulatory and
Administrative Waivers Granted for Public and Indian Housing Programs
to Assist with Recovery and Relief in Hurricanes Katrina, Rita, and
Wilma Disaster Areas, published October 3, 2005, November 1, 2005, and
March 13, 2006. The requirements in these three notices were waived or
deferred in order to facilitate the delivery of safe and decent housing
under these programs to families and individuals who were displaced
from their housing by Hurricanes Katrina, Rita, and Wilma.
This notice provides that entities that administer PIH programs,
which include public housing agencies (PHAs), tribally designated
housing entities (TDHEs), and local and tribal governments, and that
are located in an area declared by the President to be a federal
disaster area as a result of Hurricane Katrina, Rita, or Wilma, and
that previously notified HUD that they were deferring compliance with
the program requirements identified in the three Federal Register
notices, may continue to defer compliance with the regulations and
requirements listed in this notice for an additional period ending
December 31, 2007, or for such other period as specified in this notice
(e.g., for UFRS and PHAS waivers). The additional waiver period is
subject to the program administrator submitting a notification to HUD,
within 45 calendar days of the effective date of this notice, advising
of the intent to defer compliance with the program requirements
identified in this notice, unless a specific waiver provision states:
(1) That the waiver will be applied automatically or (2) the specific
waiver does not require such notification.
PIH program administrators that are not located in a disaster area
but are continuing to assist with Hurricane Katrina, Rita, or Wilma
recovery and relief and have requested and were approved for waiver of
the regulations and administrative requirements listed in this notice
under the original waiver notices, may request waiver or deferral of
the requirements for an additional period ending December 31, 2007, or
for such other period as specified in this notice (e.g., under UFRS and
PHAS waivers), with justification of the need for more time, unless a
specific waiver provision states it will be applied automatically. HUD
will review and respond to waiver requests through an expedited process
that assigns priority to these requests and maximizes use of electronic
communications to speed response time. PIH program administrators,
located in an area declared a federal disaster area as a result of
Hurricane Katrina, Rita, or Wilma, or PIH program administrators not
located in such an area but continuing to assist with Hurricane
Katrina, Rita, or Wilma relief and recovery efforts, may defer
compliance or request waiver of a regulation or other administrative
requirement, respectively, through the expedited waiver process
provided in this notice.
This notice applies only to PIH programs or to cross-cutting
regulatory or administrative requirements that are applicable to PIH
program administrators.
In addition to the regulatory and administrative requirements cited
in the notice of waivers granted to assist with recovery and relief in
Hurricane Katrina disaster areas, this notice includes a waiver,
identified in Section III.A.2 of the notices of waivers granted to
assist with recovery and relief in Hurricane Rita disaster areas, for
an extension for improved performance by certain PHAs located in areas
declared a federal disaster area as a result of Hurricane Katrina.
DATES: Effective Date: December 28, 2006.
FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of
Policy Programs and Legislation, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 4116, Washington, DC 20410-5000; telephone numbers (202) 708-4016,
extension 4245, or (202) 708-0713, extension 7651. Persons with hearing
or speech impairments may access this number via TTY by calling the
Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
In late August 2005, Hurricane Katrina hit the Gulf Coast area of
the United States, causing unprecedented and catastrophic damage to
property, significant loss of life, and the displacement of tens of
thousands of individuals and families from their homes and communities.
Hurricane Rita soon followed, adding to the damage to property and
displacement of individuals and families from their homes and
communities that already had been caused by Hurricane Katrina. After
Hurricane Katrina struck, the President called upon all federal
agencies to do everything in their power to assist the victims, with
the top priority to save and sustain lives. The President later
directed federal agencies to include victims of Hurricane Rita in
relief and recovery efforts underway for victims of Hurricane Katrina.
With recognition that shelter is key to saving and sustaining lives,
and following the President's direction to eliminate or reduce ``red
tape'' that would impede the delivery of federal financial assistance
and other needed benefits, the October 3, 2005, and November 1, 2005,
notices identified HUD regulations and other administrative
requirements governing HUD's PIH programs that were waived or
temporarily suspended or deferred in an area declared by the President
to be a federal disaster area as a result of Hurricanes Katrina or Rita
(``disaster area''). In addition, HUD provided an expedited review
process to waive the requirements listed in the notices, upon request
from PIH program administrators that were not located in disaster areas
but were assisting with Hurricane Katrina or Rita recovery and relief
efforts. In a notice published March 13, 2006, similar relief from the
same regulatory and administrative requirements was offered to PIH
program administrators in areas declared a disaster as a result of
Hurricane Wilma (71 FR 12988).
In developing the waiver notices, PIH examined the regulations
governing its programs and recommended waiver or temporary suspension
or deferral of those regulations that it believed could impede PIH
program administrators from expeditiously helping to house PIH program
participants who lost housing as a result of Hurricanes Katrina and
[[Page 78023]]
Rita, as well as others who needed housing assistance under PIH
programs as a result of the hurricanes. The waivers allowed PIH program
administrators located in disaster areas to defer compliance with the
requirements listed in the notices for an initial period of 12 months
under the notification process described in the three notices. The
requirements listed in the notices that were deferred, or temporarily
suspended by waiver, included regulatory and other administrative
provisions that require periodic reporting and other information
delivery by PHAs, Indian tribes, and TDHEs. While such reporting is
important to ensure effective and efficient administration of PIH
programs, those requirements were waived so that PIH program
administrators could focus their time and resources on identifying and
providing decent and safe housing during the period of unparalleled
displacement of families and individuals.
For the majority of the regulations and administrative requirements
listed in the previously published notices and for which a waiver was
granted, HUD did not waive the requirements entirely but deferred
compliance until such time as compliance would be feasible. For
example, in many cases HUD extended deadlines for reports or other
documents that PIH program administrators must submit to HUD. Because
the devastation caused by Hurricanes Katrina and Rita was
unprecedented, and the need for housing and other basic life-saving and
sustaining relief was widespread and immediate, HUD relied on its
experienced local partners in the HUD housing-assistance programs who
are in the front-line of recovery efforts to meet the challenge of
providing decent, safe, and sanitary housing as expeditiously as
possible and to comply to the extent possible with the regulations that
promote that goal. HUD did not want the time and resources of PHAs,
Indian tribes, and TDHEs diverted by requirements that are important
but could be deferred until a degree of normalcy in operations returned
in the disaster areas. As the recovery period proceeded, HUD indicated
it might: (1) identify other regulations for which waiver or temporary
deferral or suspension is needed or (2) determine that other
alternative requirements may be necessary to assist with facilitation
of delivery of housing to those most in need. Any additional HUD
waivers or suspensions or other alternative requirements would be
announced by direct notice to PIH program administrators and by Federal
Register publication.
PIH program administrators not located in a disaster area but
assisting with Hurricane Katrina recovery and relief efforts could
request waiver of the regulations and administrative requirements
through the expedited waiver request and response process set forth in
the waiver notices.
In addition to HUD's waiver of regulatory requirements in the
previously published notices, HUD also identified statutory provisions
that contain built-in waiver provisions that allow administrative
waiver of the statutory requirements for cause. Certain of those
provisions were included in Section III.A of the October 3, 2005,
notice. An additional provision was included in Section III.A.2 of the
November 1, 2005, notice, for an extension for improved performance by
certain PHAs located in areas declared a federal disaster area as a
result of Hurricane Katrina.
The three previously published notices listed HUD regulatory and
administrative requirements that PIH determined needed to be waived or
temporarily deferred or suspended during the Hurricanes Katrina, Rita,
and Wilma recovery periods. If PHAs, Indian tribes, and TDHEs, and
other PIH program administrators identified other regulations that they
believed should be waived, they were advised to seek a waiver by
submitting a waiver request that specified the need for a waiver.
Section II of each notice described the expedited waiver process, and
that process is explained in Section II of this notice.
The extension of certain requirements provided by this notice
underscores the unprecedented devastation caused by the hurricanes of
2005, and the additional time needed to recover from such devastation.
II. Waiver Process
A. For PIH Program Administrators in Declared Disaster Areas
1. The Waiver Process Previously Established. This notice continues
the process for notification to HUD by program administrators of their
intent to use, or their actual use of, the waived or deferred
requirements under the previously published notices, with some
exceptions, as described here in section II. The previous notices
provided that entities that administer public or Indian housing or
voucher programs and were located in the areas declared a federal
disaster area as a result of Hurricanes Katrina, Rita, and Wilma could
defer or suspend compliance with the regulations and other
administrative requirements listed in each notice, with the exception
of the waiver of the provision in Section III.B.12, upon the effective
date of each notice, for an initial period of 12 months or for such
other period as may be specified in each notice. These entities,
however, were advised to notify HUD within 2 weeks of the determination
of any need to utilize the waived requirements in each notice, or as
soon as possible, by contacting HUD in the manner detailed in the
following paragraph.
An official of the PHA, TDHE, or tribal or local government that
had a need and intended to suspend compliance with or defer the
requirements listed in each notice was required to contact HUD in
writing (e-mail communication was allowed) and identify the
requirements by section and number utilized in each notice (e.g.,
Section III.A.2, Section III.B.1, 2, or 3, etc., or ``all of the waived
or suspended requirements in Section III.''). The following e-mail
addresses were established in order to expedite the process: PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov.
This process was described as a notification only, and HUD asked
that the notification be made to HUD no later than 2 weeks after a PHA
determined the need to rely on one or more or all of the waived or
suspended requirements in each notice. While, as noted earlier in this
notice, HUD did not want to impose additional administrative
requirements on PIH program administrators located in the disaster
areas during the recovery period, it was important for HUD to know (and
helpful for HUD to know) how these entities were administering their
PIH programs during the recovery period. HUD maintains information on
the PHAs, Indian tribes, and TDHEs that elected to defer compliance
with certain regulatory and administrative requirements in accordance
with each notice. A list of those PHAs, Indian tribes, or TDHEs are
included as an appendix to this notice. The previously published
notices provide that certain regulations or administrative requirements
would remain inapplicable for a period of 12 months and would be
considered waived or suspended by HUD for an additional 3 months upon
notification to HUD, following the same notification process described
above.
2. The Waiver Process for this Notice. HUD will continue to use the
waiver process previously established, with some exceptions. First, HUD
has since
[[Page 78024]]
determined that timely notification of an entity's intent to use, or
its actual use of the waivers or deferral periods is essential to
effective program administration, and in light of the intervening
period for entities to determine whether they need relief, HUD is now
requiring that such notifications or waiver requests must be submitted
to HUD within 45 calendar days of the publication of this notice as
described in Section IV, unless a specific waiver provision states the
waiver will be applied automatically, or the specific waiver does not
require such notification. Secondly, under this notice there is not an
additional 3-month deferral period beyond the initial 12-month period
granted under the original notices, and the period for deferral ends
December 31, 2007, regardless of the expiration dates of the 15-month
deferral periods granted under the original three notices. Finally,
some regulatory or administrative requirements included in the original
notices are not eligible for continued deferral in this notice, and are
identified in Section III below.
B. For PIH Program Participants in Non-Disaster Declared Areas
The previous notices provided that PIH program administrators not
located in a disaster area but that were contributing to Hurricanes
Katrina and Rita relief and recovery efforts could request a waiver of
the regulations or administrative requirements listed in each of the
original notices by e-mailing a request for a waiver to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or PIH_Wilmadisaster_Relief@hud.gov. The request was required to specify the
need for the waiver of the requirement. HUD would review and respond to
waiver requests submitted through the e-mail addresses using an
expedited waiver process that would assign a priority to such requests
and maximize the use of electronic communications.
As with the previous notices, this notice provides that PIH program
administrators not located in a disaster area but contributing to the
relief and recovery efforts must request a waiver of the regulations or
administrative requirements by e-mailing the request for a waiver to
PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, or
PIH_Wilmadisaster_Relief@hud.gov. This process remains in effect
unless a specific waiver provision (e.g., under UFRS or PHAS) states
that it will be applied automatically to the non-disaster PHAs that
previously requested and received the waivers under the original
notices, or if a specific waiver is not eligible for continued
deferral, as identified in Section III below.
C. Regulations and Requirements Not Waived in This Notice
In the three prior notices published previously, HUD provided that,
for any regulation or other administrative requirement not listed in
each notice for which a PIH program administrator sought a waiver or
suspension, the program administrator could seek a waiver by e-mailing
a request to PIH_Disaster_Relief@hud.gov, PIH_Ritadisaster_Relief@hud.gov, and PIH_Wilmadisaster_Relief@hud.gov. Any such
request had to specify the need for the waiver of the requirement. As
noted earlier in this notice, waiver requests submitted through each e-
mail address would receive expedited and priority processing, and HUD
would respond to the requestor by e-mail.
That expedited waiver process was provided only for waiver or
suspension of requirements that would assist with Hurricanes Katrina,
Rita, and Wilma relief and recovery efforts. HUD would not respond to
any waiver requests submitted to any of the hurricane designated e-mail
addresses that were unrelated to relief and recovery of the disaster
areas.
This process remains in effect for this notice.
III. Authority to Grant Waivers
In general, waivers of HUD regulations are handled on a case-by-
case basis. Under statutory requirements set forth in section 7(q) of
the Department of Housing and Urban Development Act (42 U.S.C.
3535(q)), a regulated party that seeks a waiver of a HUD regulation
must request a waiver from HUD in writing and the request must specify
the need for the waiver. HUD then responds to the request in writing
and, if the waiver is granted, HUD includes a summary of the waiver
granted (and all regulatory waivers granted during a 3-month period) in
a Federal Register notice that is published quarterly. Since the damage
to property and the displacement of families and individuals in the
disaster areas was massive, and the need for regulatory relief in many
areas pertaining to HUD-assisted housing readily apparent, HUD
suspended its usual regulatory waiver protocols for the disaster areas
and substituted an expedited process that meets the requirements of
section 7(q).
In its quarterly notice of regulations waived, HUD identifies the
PIH program administrators in the disaster areas that are utilizing:
(1) One or more of the waived regulations in the three notices or (2)
other regulations for which a waiver was requested or granted. The
quarterly notice also identifies PIH program administrators that are
located in non-federally declared disaster areas and are contributing
to Hurricane Katrina, Rita, or Wilma relief and recovery efforts, and
that requested and were granted waivers in accordance with the waiver
process, as provided in each notice.
The regulatory and administrative requirements set forth in Section
III of each of the prior notices were waived or temporarily deferred or
suspended, as provided in each notice. This action was determined
necessary to help PIH program administrators in the disaster areas in
the identification and delivery of housing for families and individuals
displaced from their homes by Hurricanes Katrina, Rita, and Wilma.
With respect to this notice, the term ``PIH program
administrators,'' as referenced in Section III of this notice, includes
those PHAs, tribes, and TDHEs located in disaster areas.
As the preceding discussion discloses, the process for deferring
compliance with certain requirements listed in this notice is similar
to the process utilized under the previously published notices, with
some exceptions. First, PHAs, tribes, and TDHEs located in a federally
declared disaster area will be required to notify HUD within 45
calendar days of the effective date of this notice that they intend to
continue deferring compliance during the extended waiver period. If the
PHAs, tribes, and TDHEs are outside the disaster areas but are
continuing to assist recovery efforts, they must submit a new waiver
request during the extended waiver period. Secondly, some waivers
(e.g., UFRS, PHAS) will be automatically applied to PHAs, tribes, and
TDHEs that previously notified HUD they were deferring compliance or
that requested the waiver and were granted approval to defer
compliance. Finally, this notice does not provide an extension of
deferral of compliance with the following requirements:
A. Requirements for Which No Waiver Extension Is Provided by This
Notice
1. Waiver of Indian Community Development Block Grant Program
(ICDBG) 50 Percent Downpayment Assistance Limitation for Low- and
Moderate-Income Homebuyers. Section 122 of the Housing and Community
Development Act of 1974 (``Act'') (42 U.S.C. 5321) authorizes the
Secretary to suspend requirements for activities that address the
damage in a Presidentially declared disaster area. Section
[[Page 78025]]
105(a)(24)(D) of the Act (42 U.S.C. 5305) permits a grantee to provide
downpayment assistance to low- and moderate-income homebuyers, but
limits the assistance to 50 percent of the amount of downpayment the
homebuyer must provide. Because of the extraordinary need for housing
among low- and moderate-income evacuees, HUD found good cause to permit
downpayment assistance of up to 100 percent for the purchase of homes
in the disaster area. Based on consultation with affected entities,
this waiver is not extended.
2. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social
Security and Employer Identification Numbers). Section 5.216 addresses
the disclosure and verification of Social Security Numbers and employer
identification numbers of applicants for assistance under certain HUD-
assisted housing programs. Section 5.216(g) imposes special
documentation requirements on applicants, and subsection (g)(5)
establishes the time limit for submission of this documentation. The
time period required for submission of verification documents was
waived for a period of 3 months, in the case of all families, and, with
HUD approval, for a period not to exceed 12 months.
Under this notice, this waiver is not extended. The use of Social
Security and employer identification numbers is essential for updating
and maintaining HUD's management information systems and the
Department's key initiatives for ensuring accurate reporting. As a
result, HUD believes it is not advisable to further extend the time
frames for disclosures and submitting verification documents.
3. 24 CFR 5.512(c) (Verification of Eligible Immigration Status;
Secondary Verification). Section 5.512 provides the process by which
verification of eligible immigration status must be undertaken for
families seeking assistance under certain HUD programs. While the
declaration of eligibility and this verification process is required by
statute and cannot be waived, HUD does have the authority to waive
certain deadlines. Section 5.512(d) provides the time frame under which
a secondary verification must be requested from the Immigration and
Customs Enforcement (ICE), by the responsible entity, when the primary
verification (the automated verification system) is not conclusive of
immigration status. The responsible entity must submit a request to ICE
to undertake a secondary verification within 10 days of receipt of the
results of the primary verification, and must provide the ICE with all
records on the applicant, evidencing citizen or eligible immigration
status, that the applicant has provided to the responsible entity. The
three previous notices expanded the time frame under which a secondary
verification must be requested, from 10 days after the date of the
results of the primary verification to 90 days after such date.
Under this notice, this waiver is not extended. HUD believes it is
not advisable to further extend the time frames for requesting from ICE
the secondary verifications of eligible immigration status.
4. 24 CFR 1000.156 and 1000.158 Indian Housing Block Grant (IHBG)
Moderate Design Requirements for Housing Development. The IHBG program
regulations at Sec. Sec. 1000.156 and 1000.158 require that housing
developed with IHBG funds must be of moderate design. Under these
regulatory sections, IHBG recipients must either adopt written moderate
design standards or comply with the total development cost (TDC) limits
issued by HUD. In recognition of the higher development costs in
communities affected by Hurricane Katrina, and to facilitate the
development of housing for families in such communities, these moderate
design requirements were waived for IHBG recipients until issuance of
new TDC levels. Based on consultation with affected entities, this
waiver is not extended.
5. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission Deadline).
To receive an IHBG formula allocation, an Indian tribe or its TDHE must
annually submit an IHP to HUD describing the affordable housing
activities the Indian tribe or TDHE will undertake. Section 1000.214
requires that the IHP must be submitted to HUD no later than July 1 of
each year. This section was waived to permit tribes and TDHEs to
undertake affordable housing activities on behalf of families displaced
by Hurricane Katrina, Rita, or Wilma, although such activities may not
have been identified in the IHP originally submitted by the tribe or
TDHE.
Based on consultation with affected entities, this waiver is not
extended.
6. 24 CFR 1003.400(c) and Section I.C. of Fiscal Year (FY) 2005
ICDBG Program Notice of Funding Availability (NOFA) (Grant Ceilings for
ICDBG Imminent Threat Applications). The ICDBG regulations at Sec.
1003.400(c) provide that HUD will establish grant ceilings for imminent
threat applications. On March 21, 2005, HUD published its FY2005 ICDBG
NOFA as part of HUD's FY2005 SuperNOFA (70 FR 13655). Section I.C. of
the FY2005 ICDBG NOFA specifies that the grant ceiling for ICDBG
imminent threat requests for FY2005 is $425,000. This grant ceiling was
waived to permit applicants to request imminent threat funding in
excess of $425,000, if necessary to address disaster-related needs in
their communities.
This waiver is not extended. The grant ceiling requirement was
included as part of the FY2005 ICDBG grant funding cycle, which has
passed.
7. 24 CFR 1003.401 and Section I.C. of FY2005 ICDBG NOFA
(Application Requirements for ICDBG Imminent Threat Funds). The ICDBG
regulations at Sec. 1003.401 provide that, in response to applications
for assistance, HUD may make ICDBG funds available to applicants to
address imminent threats to health and safety. The regulations further
provide that applications must contain the information specified by the
annual ICDBG NOFA. For FY2005, the required information that must be
contained for imminent threat applications is located in Section I.C.
of the FY2005 ICDBG NOFA. These application requirements were waived to
permit Indian tribes located in areas affected by Hurricane Katrina to
more expeditiously request and receive ICDBG imminent threat funds.
This waiver is not extended. The application requirements waived
were part of the FY2005 ICDBG grant funding cycle, which has passed.
8. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The
ICDBG regulations at Sec. 1003.604 require applicants to consult with
residents prior to submitting their funding applications. The
consultation requirements have the potential to delay the ability of
ICDBG recipients to address urgent housing, health, and safety needs of
persons displaced by Hurricane Katrina. Accordingly, this section was
waived to permit eligible ICDBG applicants to address disaster-related
needs without the need for prior resident consultation.
This waiver is not extended. The resident consultation requirement
was waived as part of the FY2005 ICDBG grant funding cycle, which has
passed.
9. 24 CFR 982.206 (Waiting List; Opening and Public Notice). This
section requires a PHA to give public notice that families may apply
for tenant-based assistance. The regulation requires a PHA to publish,
in a local newspaper of general circulation, and also by minority media
and other suitable means, a notice of the opening of the waiting list.
The requirement to publish in a newspaper of general circulation and
also by minority media was waived, and a PHA was permitted to provide
such information on its website and at any of its offices, and in
[[Page 78026]]
a voice mail message for any callers that may inquire whether a list is
opened.
Under this notice, the waiver of the requirement for publishing a
notice of the opening of a waiting list, in local newspapers of general
circulation and in minority media or other means, is not extended. In
the 15 months after the hurricanes, PHAs should now have the ability to
secure publication of the opening of their waiting lists. It is
especially important to relocation efforts that PHAs advertise, in a
variety of media, that they are now ready to accept tenant
applications.
B. Requirements Eligible under this Notice for Continued Extension of
Deferral of Compliance
The following requirements are eligible for continued deferment of
compliance, in accordance with the procedures of this notice and
subject to any specific conditions that may be identified in the
description of the requirement for which compliance may be deferred.
1. Statutory Requirements with Built-In Waiver Authority.
a. Extension of Deadline for Obligation and Expenditure of Capital
Funds. Section 9(j)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(j)(2)) (1937 Act) authorizes the Secretary to extend the
time period for obligation of capital funds by PHAs, as set forth in
section 9(j)(1), for such period as the Secretary determines necessary
if the Secretary determines that the failure of the PHA to obligate
assistance in a timely manner is attributable to, among other criteria
listed, an event beyond the control of the PHA, or any other reason
established by the Secretary by notice published in the Federal
Register. Pursuant to section 9(j)(1) of the 1937 Act, PHAs are
required to obligate capital funds not later than 24 months after the
date on which the funds became available, or the date on which the PHA
accumulates adequate funds to undertake modernization, substantial
rehabilitation, or new construction of units, plus the period of any
extension approved under section 9(j)(2). Because Hurricane Katrina was
beyond the control of the PHAs located in the disaster areas and caused
such massive and widespread destruction and displacement, the
obligation deadline under section 9(j)(1) of the 1937 Act is hereby
extended, pursuant to section 9(j)(2) of the 1937 Act, for an
additional 12 months for PHAs located in the areas declared a federal
disaster area.
In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to
expend capital funds not later than 4 years after the date on which the
funds become available for obligation, plus the period of any extension
approved under section 9(j)(2). The expenditure period under section
9(j)(5) is accordingly also extended in the affected areas for 12
months to include the extension approved under section 9(j)(2). The
extension of the section 9(j) obligation and extension deadlines made
in this notice also apply to the implementing regulation for section
9(j) at 24 CFR 905.120.
Under this extension notice, the original deadlines for obligation
and expenditure of capital funds may be extended an additional 12
months from the initial 12 months plus subsequent 3 months made
available under the Katrina, Rita, and Wilma regulatory and
administrative waiver notices for all PHAs in federally declared
disaster areas that previously notified HUD they were suspending
compliance with this requirement, thereby allowing a total of 27
additional months beyond the original obligation and expenditure
deadlines, subject to submission to HUD of the necessary notification
or waiver request to cover the extended waiver period, as explained in
the Summary and Section II.A.(2) of this notice.
b. Extension of Deadlines for Improvement of PHAs Designated
Troubled or Substandard (Extension Available for PHAs in Hurricane Rita
as well as Hurricane Katrina Disaster Areas). Sections
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act (42 U.S.C.
1437d(j)(3)(B)(ii)(I) and (II)) and the implementing regulations for
these sections at 24 CFR 902.75(d)(1) and (2) require that a PHA
designated as troubled improve its performance by 50 percent within one
year of such designation, and improve its performance to no longer be
designated as troubled within 2 years of such designation. The
implementing regulations also apply these one- and 2-year deadlines for
improvement to PHAs designated as overall troubled and substandard. The
consequences for failure to timely achieve the required improvements
could require the appointment of a receiver for the PHA, pursuant to
section 6(j)(3)(B)(ii)(III) of the 1937 Act and 24 CFR 902.77 of the
implementing regulations. The apparent meaning of the provision is that
Congress intended that a troubled PHA would have one or 2 uninterrupted
years of continuous operation during which to improve its performance
so that it is no longer designated as troubled, before the actions by
the Secretary required under section (6)(j)(3)(B)(ii)(III) would be
triggered.
HUD has determined that because the extraordinary conditions
created by Hurricanes Katrina and Rita cited throughout this notice and
the notice published on October 3, 2005 (70 FR 57716), were caused by
acts outside the control of any PHA, and outside the control of any
government or private entity, and because such conditions interrupted
the one-or 2-year period of contemplated continuous operation of the
troubled agency in the disaster areas, the Secretary will extend, by 12
months, each of the respective periods for improvement under sections
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act and the implementing
regulations for these sections (at 24 CFR 902.75(d)(1) and (2)) for
troubled or substandard PHAs in the disaster area that were
substantially impacted by Hurricanes Katrina and Rita. This action will
permit the administrators of affected PHAs designated as troubled or
substandard to devote their attention to the fullest extent necessary
to address the problems created by the disaster.
Under this extension notice, the respective periods for improvement
are extended by an additional 12 months from the initial 12 months plus
subsequent 3 months made available under the prior Katrina, Rita, and
Wilma regulatory and administrative waiver notices, for a total of 27
months beyond the standard deadlines for the respective periods for
improvement, subject to submission to HUD of the necessary notification
or waiver request to cover the extended waiver period, as explained in
the Summary and Section II.A.(2) of this notice.
2. Regulatory Requirements.
a. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting
Standards (UFRS); Reporting Due Date). These sections establish uniform
financial reporting standards for PHAs and other owners and
administrators of HUD-assisted housing. Section 5.801(c) establishes
the financial information requirements and Sec. 5.801(d)(1)
establishes the filing deadline for financial information and provides
that PHAs must submit their unaudited financial information no later
than 60 days after the end of their fiscal year. In addition, Sec.
5.801(d)(1) requires that PHAs submit their audited financial
information no later than 9 months after the PHA's fiscal year end.
Under the original three notices, the deadline for the submission of
unaudited financial information was changed from 60 days to 180 days
after the end of the PHA's fiscal year. Also, under the original three
notices, the deadline for the submission of audited financial
[[Page 78027]]
information was changed from 9 months to 13 months after the end of the
PHA's fiscal year, for PHAs with fiscal years ending December 31, 2004,
and March 31, 2005.
Under this notice, the deadline for submitting unaudited financial
information is automatically changed from 60 days to 180 days after the
end of the PHA's fiscal year for PHAs in the federally declared
disaster areas that previously notified HUD they were utilizing the
extended deadlines for unaudited financial submissions set forth in the
original Hurricane Katrina, Rita, and Wilma waiver notices, as well as
for PHAs in non-disaster declared areas contributing to Hurricanes
Katrina, Rita, and Wilma recovery efforts that requested and were
granted an extended deadline for unaudited financial submissions under
the original three waiver notices. The extended deadline will apply
only to eligible PHAs with fiscal years ending December 31, 2006, March
31, 2007, June 30, 2007, and September 30, 2007. The deadline for
submitting audited financial information is not changed and remains 9
months after the end of the PHA's fiscal year.
Although PHAs are still required to submit unaudited and audited
financial information pursuant to UFRS, they will not be scored under
the Public Housing Assessment System (PHAS), as more fully discussed in
Section III.B.2.b.
b. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part
902 sets out the indicators by which HUD measures the performance of a
PHA. These indicators measure a PHA's physical condition, financial
condition, management operations, and resident service and
satisfaction.
In the original three notices, for PHAs in the federally declared
disaster area beginning with a fiscal year ending September 30, 2005,
and for those with fiscal years ending March 31, 2005, and June 30,
2005, that had not yet received their physical condition inspections
for 2005, the PHAS score would be the same as their previous year
score. However, PHAs were still required to submit unaudited and
audited information in accordance with Section III.B.3 of the original
notice.
Under this extension notice, PHAs in the federally declared
disaster areas that previously notified HUD they were suspending the
requirements set forth in the Hurricane Katrina, Rita, and Wilma waiver
notices, as well as PHAs in non-disaster declared areas contributing to
Katrina, Rita, and Wilma recovery efforts that requested and were
granted a waiver by HUD, will be automatically waived for fiscal years
ending December 31, 2006, March 31, 2007, June 30, 2007, and September
30, 2007, and will receive the same PHAS score that they received for
the most recent year that they were fully assessed under PHAS. However,
these PHAs must submit unaudited and audited information in accordance
with Section III.B.2.a. Beginning with fiscal years ending December 31,
2007, and continuing for all fiscal years thereafter, these PHAs will
be fully assessed under PHAS, unless they notify HUD within 45 calendar
days of the effective date of this notice that they want to be scored
under PHAS sooner. Thus, on January 1, 2007, the affected PHAs must
begin to prepare for their PHAS assessments that will start with the
PHAs with fiscal years ending December 31, 2007.
c. 24 CFR 903.5 (Annual Plan Submission Deadline). Section 5A(h)(2)
of the 1937 Act (42 U.S.C. 1437c-1(h)(2)) and 24 CFR 903.5 provide that
a PHA Annual Plan must be submitted no later than 75 days before the
commencement of a PHA's fiscal year. Each PHA affected may have a
different fiscal year and for those PHAs that are approaching this
submission deadline, this requirement may be impossible to meet because
the PHAs are not operating. Because this requirement is a statutory one
and not waivable by HUD without further authority, HUD is currently
seeking legislative relief. In the interim, HUD will accept, as a
submission, a letter from the PHA stating that HUD should consider its
existing annual plan to be the plan for the next year or until it
submits another annual plan. For Capital Fund activities, PHAs may
obligate their Capital Funds for any activity listed in their existing
and approved 5-year plan. PHAs should also submit amendments to their
5-year plan to the extent necessary.
For this extension period ending December 31, 2007, HUD will
continue to accept, as a PHA Plan submission, a letter from the PHA
stating that HUD should consider its existing annual plan to be the
plan for the next year or until it submits another annual plan, subject
to submission to HUD of the necessary notification or waiver request to
cover the extended waiver period, as explained in Section II.A.(2) of
this notice. PHAs are still required to submit the Capital Fund Annual
Statement and Performance and Evaluation Report for each open grant.
d. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development). Section 905.10 describes
the Capital Fund formula. Section 905.10(i) limits the use of
replacement housing funds to the development of new public housing.
This section is waived to allow replacement housing funds to be used
for two other areas: (1) Public housing modernization and (2)
homeownership for public housing families, which will help address
housing needs caused by Hurricane Katrina.
Under this extension, the time frame during which the PHA has the
authority to use Replacement Housing Factor (RHF) grants for
modernization or homeownership is extended for an additional period
ending December 31, 2007, subject to submission to HUD of the necessary
notification or waiver request to cover the extended waiver period, as
explained in the Summary and Section II.A.(2) of this notice. PHAs are
required to resubmit their RHF Plans and identify which RHF grants will
be used for modernization or homeownership.
e. 24 CFR 941.306 (Maximum Project Cost). Section 941.306
establishes the calculation of maximum project cost and the calculation
of the total development cost. In order to facilitate the use of
capital funds for repairs and construction for needed housing in the
disaster areas, HUD has waived the total development cost (TDC) and
housing cost cap limits for all work funded by the Capital Fund and
HOPE VI funds until issuance of new TDC levels. Until new TDC levels
are issued, PHAs should strive to keep housing costs reasonable in
light of local market conditions.
Under this waiver extension notice, the time frame during which
PHAs have the authority to waive the TDC and housing cost cap limits is
extended for an additional period, ending December 31, 2007, subject to
submission to HUD of the necessary notification or waiver request to
cover the extended waiver period, as explained in the Summary and
Section II.A.(2) of this notice, and in recognition of the higher
development costs in communities affected by Hurricanes Katrina, Rita,
and Wilma, and to facilitate the development of housing for families in
these communities.
f. 24 CFR 965.302 (Requirements for Energy Audits). This section
establishes the requirement that all PHAs complete an energy audit for
each PHA-owned project under management, not less than once every 5
years. PHAs that were required to conduct or update an audit this year
are given an additional 12 months after September 30, 2005, to complete
the audit. HUD is relieving PHAs of this administrative burden so that
they may focus on the more urgent need to house impacted families.
Under this notice, PHAs that are required to conduct or update an
audit
[[Page 78028]]
in the current year are given until December 31, 2007, to complete the
audit, subject to submission to HUD of the necessary notification or
waiver request to cover the extended waiver period, as explained in the
Summary and Section II.A.(2) of this notice.
g. 24 CFR 982.54 (Administrative Plan). This section provides that
a PHA must adopt, in accordance with HUD requirements, a written
administrative plan that establishes local policies for the
administration of the Housing Choice Voucher Program. In order to allow
PHAs to exercise maximum flexibility with program administration as a
result of Hurricane Katrina, the PHA may temporarily revise the
administrative plan to address unique circumstances without PHA Board
of Commissioners approval or other authorized PHA official approval, if
such Board or officials also waive this requirement.
Under this notice, the waiver is extended an additional time
period, ending December 31, 2007, subject to submission to HUD of the
necessary notification or waiver request to cover the extended waiver
period, as explained in the Summary and Section II.A.(2) of this
notice.
h. 24 CFR 982.401(d) (Housing Quality Standards: Space
Requirements). By regulation, Sec. 982.401 establishes housing quality
standards. Section 982.401(d) provides, among other things, the
requirement for adequate space for the family. With respect to space,
this section provides that each dwelling unit must have at least one
bedroom or living/sleeping room for every two persons. The spacing
requirements of this section can be waived only if the family
understands and consents to a waiver of this provision. Again, as noted
from the outset, the waiver of these regulations does not represent a
long-term change but rather a temporary suspension of requirements to
address emergency needs.
Under this notice, the waiver of space requirements is extended an
additional time period, ending December 31, 2007, subject to submission
to HUD of the necessary notification or waiver request to cover the
extended waiver period, as explained in Section II.A.(2) of this
notice.
i. 24 CFR 982.503(b) (Waiver of Payment Standard Limit;
Establishing Payment Standard Amounts). [Waiver of this Provision
Available through Waiver Request.] Section 982.503(b) imposes a cap on
the amount a PHA may establish as its payment standard amount at 110
percent of the published fair market rent (FMR). In order to expand the
housing available to families displaced by Hurricane Katrina, PHAs in
disaster areas may establish separate payment standard amounts up to
120 percent of the published FMR. Higher exception payment standards
above 120 percent may be requested through the expedited waiver
process, but must be justified by rental housing data. In all cases,
the actual gross rent for the unit leased by the family may not exceed
what is charged for comparable unassisted units in the area.
Note that areas outside of disaster areas in which rental housing
markets have been significantly affected by families displaced by
Hurricane Katrina may request a waiver through the expedited waiver
review process, set forth in Section II of this notice, for approval of
payment standards in excess of 110 percent of the published FMRs.
However, the PHA must provide information indicating that: (1) They
have a significant number of displaced families and (2) area rents have
increased.
Under this notice, the waiver of payment standard limits is
extended an additional time period, ending December 31, 2007, subject
to submission to HUD of the necessary waiver request to cover the
extended waiver period as explained in the Summary and Section II.A.(2)
of this notice, and upon HUD approval of waiver requests submitted
through the expedited waiver process.
j. 24 CFR 984.303 (Contract of Participation; Family Self-
Sufficiency (FSS) Program; Extension of Contract) and 24 CFR 984.105
(Minimum Program Size). Part 984 of HUD's regulations provide the
requirements for the Section 8 and Public Housing FSS Program. Section
984.303 sets out the requirements for the contract of participation,
and Sec. 984.303(d) allows for an extension of the FSS program for a
period not to exceed 2 years. For those families at the end of their
initial contract term, the 2-year limitation is waived and PHAs may
provide an extension for a period not to exceed 3 years. This
additional time period would account for any time lost on the FSS
contract as a result of the displacement of families participating in
the FSS program. Section 984.105 sets out the requirements for minimum
FSS program size. This notice exempts PHAs from the minimum program
size (Sec. Sec. 984.105(a) and (b)) for a period of 2 years.
Under this waiver extension notice, the 2-year limitation continues
to be waived and PHAs may extend the extension period an additional 12
months, not to exceed 4 years; and the minimum program size exemption
may be extended an additional 12 months, for a period of 3 years,
subject to submission to HUD of the necessary notification or waiver
request to cover the extended waiver period, as explained in the
Summary and Section II.A.(2) of this notice.
k. 24 CFR part 985 (Section 8 Management Assessment Program
(SEMAP)). Part 985 sets out the requirements by which Section 8 tenant-
based assistance programs are assessed. Similar to the action that HUD
has taken with respect to the PHAS regulations in 24 CFR part 902, PHAs
administering a Section 8 tenant-based assistance program are eligible
to defer compliance with the SEMAP requirements for a period of 12
months.
Under this waiver extension notice, eligibility to defer compliance
with SEMAP requirements is extended another 12 months, similarly to
eligibility to defer compliance with PHAS requirements, except that
this waiver is subject to submission to HUD of the necessary
notification or waiver request to cover the extended waiver period, as
explained in the Summary and Section II.A.(2) of this notice. That is,
PHAs in the federally declared disaster areas that notify HUD they are
suspending this requirement during the extended waiver period, and PHAs
in non-disaster declared areas contributing to Hurricanes Katrina,
Rita, and Wilma recovery efforts that request and are granted a waiver
by HUD during the waiver extension period with fiscal years ending
December 31, 2006, March 31, 2007, June 30, 2007, and September 30,
2007, will receive the same SEMAP score that they received for the most
recent year that they were fully assessed under SEMAP. Beginning with
fiscal years ending December 31, 2007, these PHAs will be fully
assessed under SEMAP.
l. 24 CFR 990.145 (Dwelling Units with Approved Vacancies). Section
990.145 of the Operating Fund Program regulation lists the categories
of vacant units that are eligible to receive operating subsidy and,
therefore, are considered approved vacancies. PHAs that had vacant
units during the reporting period that were not ``approved'' vacancies
pursuant to Sec. 990.145, but were available for occupancy, may treat
those units as approved vacancies if: (1) The PHA anticipates the units
will be occupied by families and individuals affected by the disaster
during the upcoming funding year or (2) the PHA is holding the units
vacant for families and individuals affected by the disaster.
[[Page 78029]]
Under this notice, PHAs may continue to treat vacant units as
approved, if the subject conditions are met, for FY2007 operating
subsidy calculations, subject to submission to HUD of the necessary
notification or waiver request to cover the extended waiver period, as
explained in the Summary and Section II.A.(2) of this notice.
IV. Twelve-Month Extension of Waivers
Due to the lengthy recovery period brought about by Hurricanes
Katrina, Rita, and Wilma, HUD will automatically extend for an
additional period, ending December 31, 2007, or for such other period
as specified in this notice (e.g., for UFRS and PHAS waivers): (1)
Those waivers that PHAs in the disaster-declared areas notified HUD
they were utilizing and (2) those waivers that PHAs outside of the
disaster declared areas that were assisting with recovery efforts in
the disaster areas requested and were approved for by HUD under the
waiver notices published for each hurricane. A list of those PHAs is
included with this notice. The expiration date for waivers granted
under the Hurricane Katrina notice published October 3, 2005, is
December 28, 2006; the one for the Hurricane Rita notice published
November 1, 2005 (70 FR 66222), is January 26, 2007; and the one for
the Hurricane Wilma notice published on March 13, 2006, is June 7,
2007.
Any PHA that does not wish for or need an automatic extension must
notify HUD within 45 calendar days of the effective date of this notice
by using the e-mail addresses identified in Section II of this notice.
Dated: December 21, 2006.
Roy A. Bernardi,
Deputy Secretary.
Appendix A.--PHAs/Tribes/TDHEs that Submitted Waiver Suspension Notifications or Requests under Original Waiver
Notices
----------------------------------------------------------------------------------------------------------------
Agency type (PHA/
Disaster (Katrina, Rita or Wilma) TDHE/ tribe/local Agency code Agency or government name
government)
----------------------------------------------------------------------------------------------------------------
Katrina Suspension Notifications Received
----------------------------------------------------------------------------------------------------------------
Katrina.......................... PHA................. AL165.............. Foley Housing Authority
Katrina.......................... PHA................. LA001.............. Housing Authority of New Orleans
Katrina.......................... PHA................. LA003.............. East Baton Rouge Parish Housing
Authority
Katrina.......................... PHA................. LA004.............. Lake Charles Housing Authority
Katrina.......................... PHA................. LA005.............. Lafayette Parish Housing Authority
Katrina.......................... PHA................. LA011.............. Westwego Housing Authority
Katrina.......................... PHA................. LA012.............. Housing Authority of Kenner
Katrina.......................... PHA................. LA013.............. Jefferson Parish Housing Authority
Katrina.......................... PHA................. LA024.............. Bogalusa Housing Authority
Katrina.......................... PHA................. LA026.............. Kaplan Housing Authority
Katrina.......................... PHA................. LA029.............. Crowley Housing Authority
Katrina.......................... PHA................. LA036.............. Morgan City Housing Authority
Katrina.......................... PHA................. LA043.............. Donaldsonville Housing Authority
Katrina.......................... PHA................. LA045.............. Arcadia Housing Authority
Katrina.......................... PHA................. LA055.............. Housing Authority of the City of
Opelousas
Katrina.......................... PHA................. LA063.............. Sulphur Housing Authority
Katrina.......................... PHA................. LA070.............. Housing Authority of the Town of
Patterson
Katrina.......................... PHA................. LA076.............. Ferriday Housing Authority
Katrina.......................... PHA................. LA080.............. Housing Authority of Lafourche
Parish
Katrina.......................... PHA................. LA090.............. Houma-Terrebonne Housing Authority
Katrina.......................... PHA................. LA092.............. St. James Parish Housing Authority
Katrina.......................... PHA................. LA094.............. St. Charles Parish Housing
Authority
Katrina.......................... PHA................. LA095/............. Housing Authority of St. John the
LA181.............. Baptist Parish
Katrina.......................... PHA................. LA103.............. Slidell Housing Authority
Katrina.......................... PHA................. LA254.............. Pearl River Housing Authority
Katrina.......................... PHA................. LA122.............. Colfax Housing Authority
Katrina.......................... PHA................. LA132.............. Avoyelles Parish Section 8 Program
Katrina.......................... PHA................. LA178.............. St. Martin Parish Police Jury
Katrina.......................... PHA................. LA207.............. Tangipahoa Parish Government
Katrina.......................... PHA................. LA215.............. Assumption Parish Police Jury
Katrina.......................... PHA................. LA219.............. City of Baton Rouge Office of
Community Development
Katrina.......................... PHA................. LA221.............. Morgan City Housing Authority
Katrina.......................... PHA................. LA238.............. Covington Housing Authority
Katrina.......................... PHA................. LA253.............. Housing Authority of Lafourche
Parish
Katrina.......................... PHA................. LA262.............. East Carroll Parish Housing
Authority
Katrina.......................... PHA................. MS001.............. Hattiesburg Housing Authority
Katrina.......................... PHA................. MS002.............. City of Laurel Housing Authority
Katrina.......................... PHA................. MS003.............. The Housing Authority of the City
of McComb City, Mississippi
Katrina.......................... PHA................. MS004.............. The Housing Authority of the City
of Meridian
Katrina.......................... PHA................. MS005.............. Biloxi Housing Authority
Katrina.......................... PHA................. MS030.............. Mississippi Regional Housing
Authority No. V
Katrina.......................... PHA................. MS040.............. Mississippi Regional Housing
Authority No. VIII
Katrina.......................... PHA................. MS047.............. The Housing Authority of the City
of Starkville, Mississippi
Katrina.......................... PHA................. MS057.............. Mississippi Regional Housing
Authority No. VII
Katrina.......................... PHA................. MS058.............. Mississippi Regional Housing
Authority No. VI
Katrina.......................... PHA................. MS061.............. Canton Housing Authority
Katrina.......................... PHA................. MS064.............. Bay St. Louis Housing Authority
[[Page 78030]]
Katrina.......................... PHA................. MS066.............. Picayune Housing Authority
Katrina.......................... PHA................. MS067.............. Richton Housing Authority
Katrina.......................... PHA................. MS071.............. Aberdeen Housing Authority
Katrina.......................... PHA................. MS077.............. Tupelo Housing Authority
Katrina.......................... PHA................. MS082.............. Winona Housing Authority
Katrina.......................... PHA................. MS084.............. Housing Authority of the Town of
Summit
Katrina.......................... PHA................. MS086.............. Vicksburg Housing Authority
Katrina.......................... PHA................. MS094.............. Hazlehurst Housing Authority
Katrina.......................... PHA................. MS101.............. Waveland Housing Authority
Katrina.......................... PHA................. MS103.............. Housing Authority of the City of
Jackson, Mississippi
Katrina.......................... PHA................. MS105.............. Natchez Housing Authority
Katrina.......................... PHA................. MS107.............. Greenwood Housing Authority
Katrina.......................... PHA................. MS109.............. Long Beach Housing Authority
Katrina.......................... Tribe............... Tribe.............. Tunica-Biloxi Tribe of Louisiana
Katrina.......................... TDHE................ Indian HA.......... Choctaw Housing Authority
Katrina.......................... Tribe............... Tribe.............. Chitimacha Tribe of Louisiana
Katrina.......................... Tribe............... Tribe.............. Poarch Band of Creek Indians
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Katrina Waiver Requests Submitted
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