Relief From HUD Requirements Available to PHAs To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Hurricanes Harvey, Irma, Maria and Future Natural Disasters Where Major Disaster Declarations Might Be Issued in 2017, 46821-46828 [2017-21600]
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
Toa Baja, Toa Alta, Trujillo Alto, Utuado,
Vega Alta, Vega Baja, Vieques, Villalba, and
Yabucoa for Individual Assistance.
All municipalities in the Commonwealth
of Puerto Rico for debris removal and
emergency protective measures (Categories A
and B), including direct federal assistance,
under the Public Assistance program.
All areas within the Commonwealth of
Puerto Rico are eligible for assistance under
the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
[FR Doc. 2017–21649 Filed 10–5–17; 8:45 am]
BILLING CODE 9111–23–P
[Internal Agency Docket No. FEMA–4338–
DR; Docket ID FEMA–2017–0001]
Georgia; Amendment No. 3 to Notice of
a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
This notice amends the notice
of a major disaster declaration for the
State of Georgia (FEMA–4338–DR),
dated September 15, 2017, and related
determinations.
DATES: This amendment was issued
September 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the incident period for
this disaster is closed effective
September 20, 2017.
SUMMARY:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
BILLING CODE 9111–23–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6050–N–01]
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
Federal Emergency Management
Agency
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Jkt 244001
[FR Doc. 2017–21646 Filed 10–5–17; 8:45 am]
AGENCY:
DEPARTMENT OF HOMELAND
SECURITY
18:40 Oct 05, 2017
Brock Long,
Administrator, Federal Emergency
Management Agency.
Relief From HUD Requirements
Available to PHAs To Assist With
Recovery and Relief Efforts on Behalf
of Families Affected by Hurricanes
Harvey, Irma, Maria and Future Natural
Disasters Where Major Disaster
Declarations Might Be Issued in 2017
Brock Long,
Administrator, Federal Emergency
Management Agency.
VerDate Sep<11>2014
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
This notice advises the public
that HUD, as a result of Presidentially
declared Major Disaster Declarations
(MDD) following Hurricanes Harvey,
Irma and Maria has established an
expedited process for the review of
requests for relief from HUD regulatory
and/or administrative requirements
(‘‘HUD requirements’’) for public
housing agencies (PHAs) and Tribes or
tribally designated housing entities
(TDHEs) that are located in Texas, U.S.
Virgin Islands, Puerto Rico, Florida, and
Georgia. The notice covers MDDs DR–
4332, issued on August 25, 2017, DR–
4335, issued on September 7, 2017, DR–
4336, issued on September 10, 2017,
DR–4337, issued on September 10,
2017, DR–4338, issued on September
15, 2017, DR–4339 issued on September
20, 2017 and DR–4340 issued on
September 20, 2017. Specifically, these
PHAs and Tribes/TDHEs may request
waivers of HUD requirements and
receive expedited review of such
requests. In addition, this notice advises
that PHAs, Tribes and TDHEs located in
areas covered by MDDs issued during
the remainder of 2017 may utilize the
SUMMARY:
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flexibilities and expedited waiver
process set out by this notice.
DATES: Applicable Date: October 6,
2017.
FOR FURTHER INFORMATION CONTACT:
Shelia Bethea, Office of Field
Operations, Office of Public and Indian
Housing, Department of Housing and
Urban Development, 451 Seventh Street
SW., Room 4112, Washington, DC
20410–5000, telephone number (202)
402–8120. 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
From a period beginning on August
23, 2017, areas in Texas, U.S. Virgin
Islands, Puerto Rico, Florida and
Georgia experienced severe storms and
flooding from Hurricanes Harvey, Irma
and Maria. MDDs covering these areas
were issued on August 25, 2017, DR–
4332,1 DR–4335,2 September 7, 2017,
DR–4336,3 September 10, 2017, DR–
4337,4 September 10, 2017, DR–4338,5
September 15, 2017, DR–4339,6
1 https://www.fema.gov/disaster/4332,
designating Aransas, Bee, Brazoria, Calhoun,
Chambers, Colorado, Fayette, Fort Bend, Galveston,
Goliad, Hardin, Harris, Jackson, Jasper, Jefferson,
Kleberg, Liberty, Matagorda, Montgomery, Newton,
Nueces, Orange, Refugio, Sabine, San Jacinto, San
Patricio, Victoria, Waller, Wharton Counties in
Texas.
2 https://www.fema.gov/disaster/4335,
designating St. John (Island) (County-equivalent) St.
Thomas (Island) (County-equivalent) in U.S. Virgin
Islands for Hurricane Irma and St. Croix for
Hurricane Maria.
3 https://www.fema.gov/disaster/4336,
designating Canovanas (Municipio), Culebra
(Municipio), Loiza (Municipio), Vieques
(Municipio) in Puerto Rico for Hurricane Irma and
Aguas Buenas, Aibonito, Arecibo, Arroyo,
´
Barceloneta, Barranquitas, Bayamon, Caguas,
´
˜
Canovanas, Carolina, Catano, Cayey, Ceiba, Ciales,
Cidra, Coamo, Comerio, Corozal, Culebra, Dorado,
Fajardo, Florida, Guayama, Guaynabo, Gurabo,
´
Humacao, Jayuya, Juana Dıaz, Juncos, Las Piedras,
´
Loıza, Luquillo, Manati, Maunabo, Morovis,
Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio
Grande, Salinas, San Juan, San Lorenzo, Santa
Isabel, Toa Baja, Toa Alta, Trujillo Alto, Utuado,
Vega Alta, Vega Baja, Vieques, Villalba, and
Yabucoa for Hurricane Maria.
4 https://www.fema.gov/disaster/4337,
designating Alachua, Baker, Bradford, Brevard,
Broward, Charlotte, Citrus, Clay, Collier, Columbia,
DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades,
Hardee, Hendry, Hernando, Highlands,
Hillsborough, Indian River, Lafayette, Lake, Lee,
Levy, Manatee, Marion, Martin, Miami-Dade,
Monroe, Nassau, Okeechobee, Orange, Osceola,
Palm Beach, Pasco, Pinellas, Polk, Putnam,
Sarasota, Seminole, St. Johns, St. Lucie, Sumter,
Suwannee, Union, Volusia in Florida.
5 https://www.fema.gov/disaster/4338,
designating Camden, Chatham, Coffee, Glynn,
Liberty and Mcintosh in Georgia.
6 https://www.fema.gov/disaster/4339,
designating Puerto Rico.
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
September 20, 2017 and DR–4340,7
September 20, 2017.
In order to provide relief from certain
HUD requirements governing programs
administered by the Office of Public and
Indian Housing (PIH) to PHAs and
Tribes/THDEs that are located in areas
covered by MDDs 4332, 4335, 4336,
4337, 4338, 4339 and 4340 (MDD PHAs;
MDD Tribes/TDHEs) HUD is publishing
this notice. The notice describes a
number of flexibilities that are available
to such PHAs and Tribes/TDHEs, lists
HUD requirements that HUD is willing
to waive upon request from a PHA or
Tribe/TDHE, and provides for the
expedited review of waiver requests.
HUD is publishing this notice to assist
MDD PHAs and Tribes/TDHEs in
responding to this major disaster
declarations and in contributing to longterm recovery. Further, given the
number of natural disasters that have
occurred and may occur this year, HUD
has determined that PHAs, Tribes and
TDHEs located in areas covered by
MDDs issued during the balance of 2017
may utilize the flexibilities and
expedited waiver process set out by this
notice. HUD will publish a notice
designating areas covered by future
MDDs.
The notice is organized as follows:
• Section II describes the flexibilities
that are available to MDD PHAs, where
such flexibilities are built into statute
and/or regulation. MDD PHAs may avail
themselves of these flexibilities,
following the process described in
Section IV of the notice.
• Section III describes requirements
of HUD’s Indian programs that may be
waived.
• Section IV describes certain HUD
requirements that, if waived, may
facilitate an MDD PHA’s ability to
participate in relief and recovery efforts.
An MDD PHA may request a waiver of
a HUD requirement not listed in Section
IV and receive expedited review of the
request if the MDD PHA demonstrates
that the waiver is needed in order to
assist in its relief and recovery efforts.
An MDD PHA may not adopt any
requested waiver prior to receiving HUD
approval.
• Section V describes the process
HUD has established for MDD PHAs to
provide notice to and/or request
approval from HUD regarding statutory
or regulatory flexibilities and/or to
request waivers of HUD requirements.
Waiver requests will be handled on an
expedited, case-by-case basis.
Consistent with section 7(q) of the
Department of Housing and Urban
7 https://www.fema.gov/disaster/4340,
designating U.S. Virgin Islands.
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18:40 Oct 05, 2017
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Development Act (42 U.S.C. 3535(q)), a
regulated party that seeks a waiver of
HUD regulations must request a waiver
from HUD in writing. HUD will permit
other methods of waiver transmission as
necessary. The waiver request must
specify the need for the waiver.
Typically, the request is submitted to
the HUD field office, which reviews the
request and submits its recommendation
to HUD headquarters. HUD
headquarters then responds to the
regulated party in writing. Since the
damage to property and the
displacement of families and
individuals in the disaster areas is
massive, and the need for relief from
HUD requirements may be necessary,
HUD will expedite the processing of
waiver requests from MDD PHAs,
providing for concurrent review by the
HUD field office and HUD headquarters.
• Section VI States that a Finding of
No Significant Impact (FONSI) with
respect to the environment has been
made in accordance with HUD
regulations at 24 CFR part 50, which
implement section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
Waiver requests approved by HUD
pursuant to this notice will be
published in the Federal Register and
will identify the MDD PHAs receiving
such approvals.
II. Flexibilities That Are Available to
MDD PHAs
HUD is exercising discretionary
authority to provide relief from the
requirements described in this section.
Upon notification to HUD or upon HUD
approval, as noted below, relief is
granted to MDD PHAs. Relief from the
requirements must benefit families
affected by the disasters, for example by
enabling MDD PHA staff to focus on
relief and recovery efforts. Section IV of
this notice describes the process an
MDD PHA must follow to provide
notification to and/or to request
approval from HUD. Such notification
and/or request must be made by January
4, 2018.
A. 24 CFR 905.306 (Extension of
deadline for obligation and expenditure
of Capital Funds). Section 9(j)(1) of the
United States Housing Act of 1937 (1937
Act) requires PHAs 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) of the
Act. Section 9(j)(5)(A) of the 1937 Act
requires a PHA to expend Capital Funds
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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). Section 9(j)(2) of the 1937 Act
authorizes the Secretary to extend the
time period for the obligation of Capital
Funds for such period as the Secretary
determines necessary if the Secretary
determines that the failure of the agency
to obligate assistance in a timely manner
is attributable to an event beyond the
control of the PHA. The severe storms
and flooding in Texas were beyond the
control of MDD PHAs and caused such
massive and widespread destruction
and displacement that HUD is willing to
extend the obligation deadline under
section 9(j)(1) of the 1937 Act pursuant
to section 9(j)(2)(A)(v) of the 1937 Act
for an additional 12 months, upon the
request of an MDD PHA. The extension
of the section 9(j) obligation and
extension deadlines made in this notice
also applies to the implementing
regulation at 24 CFR 905.306.
B. 24 CFR 984.105(d) (Family SelfSufficiency minimum program size). 24
CFR 984.105(d) defines the
circumstances under which a PHA may,
upon HUD approval, operate a program
that is smaller than the required
program size. HUD has determined that
an MDD PHA’s ability to operate a
program that meets the minimum
program size requirements may be
infeasible due to circumstances related
to MDDs 4332, 4335, 4336, 4337, 4338,
4339 and/or 4340. Upon the submission
to HUD of a certification (as defined in
24 CFR 984.103) and upon request by an
MDD PHA, HUD will grant an
exemption from the minimum program
size requirement for a period of 24
months from the effective date of this
notice.
C. 24 CFR 990.145(b) (Public housing
dwelling units with approved
vacancies). Section 990.145 lists the
categories of vacant public housing
units that are eligible to receive
operating subsidy and are therefore
considered to be ‘‘approved vacancies.’’
Under Section 990.145(b), a PHA shall
receive operating subsidy for units that
are vacant due to a declared disaster,
subject to prior HUD approval, on a
project-by-project basis. If an MDD PHA
has a unit that has been vacated due to
severe storms and flooding, then the
MDD PHA, with HUD approval, may
treat the unit as an ‘‘approved vacancy.’’
Upon the request of an MDD PHA and
HUD approval, on a case-by-case basis,
such units may be considered approved
vacancies for a period not to exceed 12
months from the date of HUD approval.
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
III. Requirements of HUD’s Indian
Programs That May Be Waived
HUD is exercising discretionary
authority to provide relief from the
requirements described in this section
since the damage to property and the
displacement of families and
individuals is significant and the need
to provide regulatory relief in many
areas is readily apparent. Upon
notification to HUD or upon HUD
approval, as noted below, relief is
temporarily granted to MDD Tribes/
TDHEs. Relief from the requirements
must benefit families affected by the
disasters, for example by enabling MDD
Tribe/TDHE staff to focus on relief and
recovery efforts. To avail themselves of
the waivers in this section, MDD Tribes/
TDHEs must notify their Area Office of
Native American Programs (AONAP) in
advance of their intent to exercise the
waiver, and must keep documentation
on file at the Tribe/TDHE of good cause
for exercising such waiver. Such
notification and/or request must be
made by January 4, 2018.
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Indian Housing Block Grant (IHBG)
Program Waivers
A. 24 CFR 1000.156 and 1000.158
(Total Development Cost (TDC) Limits).
The IHBG regulations provide that
affordable housing developed, acquired,
or assisted under the IHBG program
must be of moderate design. TDC limits
are published annually to provide
recipients with affordable housing cost
standards. These standards can be
exceeded by 10 percent with AONAP
approval and can be exceeded further if
Headquarters approval is obtained. A
Tribe must submit a justification to
HUD to increase the TDC limit of a unit
or project. Due to the impact of the
hurricanes and the need to expedite the
rehabilitation of damaged homes, HUD
has determined that there is good cause
to temporarily waive these requirements
to allow Tribes impacted by Hurricanes
Harvey, Irma, or Maria to exceed the
current TDC maximum by 20 percent
without HUD review or approval if the
Tribe maintains documentation that
indicates that housing will be for IHBG
eligible families and the design, size,
and amenities are moderate and
comparable to housing in the area. This
requirement is waived for a period of
one year from the effective date of this
notice. The TDC limits can be exceeded
by more than 20 percent if the Tribe
receives written approval from HUD
Headquarters. These requirements are
also waived to permit the current TDC
limits to be used for both single-family
and multi-family housing.
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Jkt 244001
Indian Community Development Block
Grant (ICDBG) Waivers
B. 24 CFR 1003.305; 24 CFR
1003.400(a) and (b); 24 CFR 1003.401;
and Section I.A.1.b of FY 2017 Indian
Community Development Block Grant
(ICDBG) NOFA (Application
Requirements for ICDBG Imminent
Threat Funds and Amending ICDBG
Single Purpose Grants). These ICDBG
regulations provide that applicants
must: (1) Provide independent
verification of the urgency and
immediacy of the threat; (2) demonstrate
that no other funding source is available
to address the threat for which funds are
requested; (3) submit the information
specified in the annual ICDBG NOFA,
located in Section I.A.1.b of the FY 2017
ICDBG NOFA; and (4) meet all funding
criteria for ICDBG Imminent Threat
grants in 24 CFR 1003, Subpart E, when
requesting an amendment to use an
ICDBG Single Purpose grant to address
imminent threats to health and safety.
Given the urgent need to address the
damage from Hurricanes Harvey, Irma
or Maria, and the well documented
impact of the disasters, these
requirements may cause unnecessary
delays to recovery. Accordingly, HUD
determines that there is good cause to
waive 24 CFR 1003.305, 1003.400(a) and
(b), 1003.401(b), and Section I.A.1.b of
the FY2017 ICDBG NOFA, to the extent
necessary to permit Indian Tribes
located in areas affected by Hurricanes
Harvey, Irma or Maria to more
expeditiously request and receive
ICDBG Imminent Threat grants, or to
use an existing ICDBG grant to address
imminent threats to health and safety. A
Tribe that is seeking an ICDBG
Imminent Threat grant must instead
send a written request to its Area Office
of Native American Programs (ONAP)
describing (1) the damage caused by the
disaster, (2) the amount of assistance
requested to address the damage, (3) the
activities that the Tribe intends to carry
out with the Imminent Threat grant, and
(4) certify that information on the Tribe/
TDHE’s plans to use ICDBG Imminent
Threat or existing ICDBG funds has been
published or posted for residents of the
community in order to meet the
alternative citizen participation
requirements in Section III.D. of this
Notice. This documentation need not be
in writing if HUD determines that
providing written documentation is
impracticable. A Tribe that is seeking to
use its ICDBG grant funds to address
imminent threats to health and safety
must also follow the process outlined
above in lieu of the process outlined in
these regulations and NOFA. HUD will
review this information and determine
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46823
whether to approve the Tribe for an
ICDBG Imminent Threat grant, or to
approve the Tribe’s ICDBG amendment
request.
C. 24 CFR 1003.604 (ICDBG Citizen
Participation Requirements). The ICDBG
regulations at 24 CFR 1003.604(a)(2)
require applicants to consult with
residents prior to submitting their
funding applications. Due to the impact
of Hurricanes Harvey, Irma or Maria,
Indian Tribes may need to either
quickly apply for an ICDBG Imminent
Threat grant, or amend their existing
ICDBG Single Purpose grants to address
the damage from the disasters. The
citizen participation requirements have
the potential to delay the ability of
ICDBG grantees and applicants to
address the damage from the disasters.
Accordingly, HUD has determined that
there is good cause to temporarily waive
24 CFR 1003.604(a)(2) so that the Tribe
will not have to hold one or more
meetings to obtain the views of
residents on disaster recovery needs.
This requirement is waived for a period
of one year from the effective date of
this notice. Tribes will continue to be
required, however, to meet the citizen
participation requirements by
publishing or posting information on
their plans to use ICDBG Imminent
Threat grant funds, or amend their
ICDBG Single Purpose grant(s), and
accepting and considering comments.
The Tribe will be required to certify in
its application for funding or for
amendment that information has been
published or posted for residents of the
community in order to meet the citizen
participation requirement.
D. Section II.A.3 of the Fiscal Year
2015, 2016 and 2017 Indian Community
Development Block Grant (ICDBG)
Notices of Funding Availability
(Housing Rehabilitation Limits). The
ICDBG NOFA places a limit on the
amount grantees can spend on per unit
housing rehabilitation costs. Due to the
impact of Hurricanes Harvey, Irma or
Maria, Tribes may need to exceed these
limits for reasons including but not
limited to: (1) Existing ICDBG housing
rehabilitation projects may have
incurred damage and rectifying that
damage reasonably increases the per
unit cost, (2) the disaster may have
created the need for new and unplanned
housing rehabilitation that is
complicated and/or made more
expensive by storm related damage, and
(3) the cost of construction materials
and labor may have increased due to
increased demand in the affected areas.
HUD has determined that there is good
cause to waive the ICDBG housing
rehabilitation limits to allow Tribes to
incur costs that more fully address
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disaster recovery needs. These
standards can be exceeded with prior
approval of the AONAP. When
requesting approval from the AONAP to
use this waiver flexibility, Tribes should
include a statement of the scope of work
and projected costs.
IV. HUD Requirements That May Be
Waived
For an MDD PHA, HUD will review
requests for waivers of HUD
requirements on an expedited basis.
This section lists requirements for
which HUD anticipates receiving such
requests. An MDD PHA may also
request a waiver of a HUD requirement
not listed in this section and receive
expedited review of the request if the
MDD PHA documents that the waiver is
needed for relief and recovery purposes.
This documentation need not be in
writing if HUD determines that
providing written documentation is
impracticable.
HUD expects that any waiver granted
pursuant to this notice will benefit
families affected by the disasters, for
example by enabling MDD PHA staff to
focus on relief and recovery efforts.
An MDD PHA seeking a waiver of a
HUD requirement listed below or of any
other HUD requirement needed to assist
the MDD PHA in its relief and recover
efforts must submit a waiver request
pursuant to the process outlined in
Section IV of this notice. HUD will not
approve an MDD PHA’s or other
recipient’s request to waive a fair
housing, civil rights, labor standards, or
environmental requirement. The request
must be submitted to HUD not later than
January 4, 2018.
A. 24 CFR 5.512(d) (Verification of
eligible immigration status; Secondary
verification). Section 5.512 describes the
process by which verification of eligible
immigration status must be undertaken
for families seeking assistance under
certain HUD programs. In circumstances
under which secondary verification
must be requested, Section 5.512(d)
provides a PHA with 10 calendar days
from the date of receipt of the results of
the primary verification to request
secondary verification from Immigration
and Customs Enforcement (ICE). To
initiate secondary verification, 24 CFR
5.512(d)(2) requires that the PHA
provide ICE with ‘‘photocopies of the
original [ICE] documents required for
the immigration status declared (front
and back), attached to the [ICE]
document verification request form
G–845S (Document Verification
Request), or such other form specified
by the [ICE].’’ HUD is willing to
consider a request from an MDD PHA to
extend the timeframe for secondary
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Jkt 244001
verification requests to ICE to 90
calendar days, for any primary
verification result received after the
effective date of this notice where a
secondary request is required, for a
period not to exceed 12 months from the
date of HUD approval.
B. 24 CFR 5.801(c) and 5.801(d)(1)
(Uniform financial reporting standards;
Filing of financial reports; Reporting
compliance dates). Section 5.801
establishes uniform financial reporting
standards (UFRS) for PHAs (and other
entities). Section 5.801(c) requires that
PHAs submit financial information in
accordance with 24 CFR 5.801(b)
annually, not later than 60 days after the
end of the fiscal year of the reporting
period. Section 5.801(d)(1) requires that
PHAs submit their unaudited financial
statements not later than 60 calendar
days after the end of their fiscal year
and that PHAs submit their audited
financial statements not later than 9
months after the end of their fiscal year.
HUD is willing to consider requests to
extend these reporting deadlines.
Specifically, for MDD PHAs with fiscal
years ending December 31, 2016, and
March 31, 2017, the deadline for
submission of financial information in
accordance with 24 CFR 5.801(b) and
the deadline for submission of audited
financial statements may be extended to
13 months. For MDD PHAs with fiscal
years ending June 30, 2017, September
30, 2017, and December 31, 2017, the
deadline for submission of financial
information in accordance with 24 CFR
5.801(b) and the deadline for
submission of unaudited financial
statement may be extended to 180
calendar days, and the deadline for
submission of audited financial
statements may be extended to 13
months.
C. 24 CFR 902 (Public Housing
Assessment System). Part 902 sets out
the indicators by which HUD measures
the performance of a PHA. The
indicators measure a PHA’s physical
condition, financial condition,
management operations, and Capital
Fund obligation and occupancy. For an
MDD PHA that has a fiscal year end of
June 30, 2017, September 30, 2017,
December 31, 2017, March 31, 2018, or
June 30, 2018, HUD is willing to
consider a request to waive the
inspection and scoring of public
housing projects, as required under 24
CFR 902
D. 24 CFR 905.322(b) (Fiscal
closeout). Section 905.322(b) establishes
deadlines for the submission of an
Actual Development Cost Certificate
(ADCC) and an Actual Modernization
Cost Certificate (AMCC). Specifically,
the ADCC must be submitted 12 months
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from the date of completion/termination
of a modernization activity, and the
AMCC must be submitted not later than
12 months from the activity’s
expenditure deadline. Upon request
from an MDD PHA, HUD is willing to
extend these deadlines by 12 months.
E. 24 CFR 905.314(b)–(c) (Cost and
other limitations; Maximum project
cost; TDC limit). Section 905.314(b)–(c)
establishes the calculation of maximum
project cost and the calculation of total
development cost. In order to facilitate
the use of Capital Funds for repairs and
construction for needed housing in the
disaster areas, HUD is willing to waive
the total development cost (TDC) and
housing cost cap limits for all work
funded by the Capital Grant (Capital
Grant Funds with undisbursed balances
and HOPE VI funds) until issuance of
2018 TDC levels. MDD PHAs that
request to waive this provision and
receive approval to do so must strive to
keep housing costs reasonable given
local market conditions, based upon the
provisions outlined in 2 CFR part 200.
F. 24 CFR 905.314(j) (Cost and other
limitations; Types of labor). This section
establishes that non-high performer
PHAs may use force account labor for
modernization activities only when the
use of force account labor for such
activities has been included in a Boardapproved Capital Fund Program 5-Year
Action Plan. HUD is willing to waive
this requirement to allow for the use of
force account labor for modernization
activities even if this activity has not
been included in the non-high
performer MDD PHA’s 5-Year Action
Plan. This waiver will be in effect for a
period not to exceed 12 months from the
date of HUD approval.
G. 24 CFR 905.400(i)(5) (Capital Fund
Formula; Limitation of Replacement
Housing Funds to New Development).
Section 905.400 describes the Capital
Fund formula. Section 905.400(i)(5)
limits the use of replacement housing
funds to the development of new public
housing. To help address housing needs
as a result of the displacement caused
by the severe storms and flooding, HUD
is willing to waive 905.400(i)(5) to allow
all Capital Fund Replacement Housing
Factor Grants with undisbursed
balances to be used for public housing
modernization. This waiver will be in
effect for funds obligated within 12
months from the date of HUD approval.
H. 24 CFR 960.202(c) (Tenant
selection policies) and 982.54(a)
(Administrative plan). Section
960.202(c)(1) provides that public
housing tenant selection policies must
be duly adopted and implemented.
Section 982.54(a) provides that a PHA’s
Section 8 administrative plan must be
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formally adopted by the PHA Board of
Commissioners or other authorized PHA
officials. For temporary revisions to an
MDD PHA’s public housing tenant
selection policies or Section 8
administrative plan that an MDD PHA
wishes to put into place to address
circumstances unique to relief and
recovery efforts, HUD is willing to
consider requests to waive the
requirements for formal approval. Any
waiver request must include
documentation that an MDD PHA’s
Board of Commissioners or an
authorized MDD PHA official supports
the waiver request and must identify the
temporary revisions, which shall be
effective for a period not to exceed 12
months from the date of HUD’s
approval. Additionally, any waiver
request is limited to revisions that do
not constitute a significant amendment
or modification to the MDD PHA plan;
pursuant to Section 5(A)(g) of the 1937
Act, HUD cannot waive the approval by
the board or other authorized PHA
officials if the proposed revision would
constitute a significant amendment or
modification to the PHA plan. Finally,
HUD cannot waive any terms within a
PHA’s own plan or state law requiring
the approval of the board or authorized
PHA officials.
I. 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. HUD is willing to
consider a request for audits due to take
place in FY 2017 an additional 12
months after December 31, 2016, to
complete such an audit.
J. 24 CFR 982.206(a)(2) (Waiting List;
Opening and closing; Public notice).
This section describes where a PHA
must provide public notice when it
opens its waiting list for tenant-based
assistance. HUD is willing to consider a
request from an MDD PHA that wishes,
in lieu of the requirement to provide
notice in a local newspaper of general
circulation, to provide public notice via
its Web site, at any of its offices, and/
or in a voice-mail message, for any
opening of the waiting list for tenantbased assistance that occurs within a
period not to exceed 12 months from the
date of HUD approval. MDD PHAs that
request a waiver of this requirement and
receive HUD approval must consider the
fair housing implications of the means
by which they choose to provide public
notice. For example, an MDD PHA that
chooses to provide public notice at its
offices must consider the impact on
persons with disabilities, who may have
difficulty visiting the office in-person.
Similarly, an MDD PHA that chooses to
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provide public notice via voice-mail
message must consider how it will reach
persons with hearing impairments and
persons with limited English
proficiency. HUD maintains the
requirement that an MDD PHA must
also provide the public notice in
minority media. Any notice must
comply with HUD fair housing
requirements.
K. 24 CFR 982.503(c) (HUD approval
of exception payment standard
amount). 24 CFR 982.503(c) authorizes
HUD to approve an exception payment
standard amount that is higher than 110
percent of the published fair market rent
(FMR). Typically, a PHA must provide
data about the local market to
substantiate the need for an exception
payment standard. In a natural disaster
situation, however, the typical data
sources fail to capture conditions on the
ground. In these cases, HUD considers
the most recently available data on the
rental market, prior to the disaster, then
estimates the number of households
seeking housing units in the wake of the
disaster to arrive at an emergency
exception payment standard amount.
HUD has decided, based on this data,
that exception payment standard
amounts up to 150 percent of the FMR
are justified and that an MDD PHA may
therefore request a waiver to establish
an exception payment standard up to
150 percent of the FMR without
providing supporting data. Upon
approval by HUD, an exception
payment standard adopted pursuant to
this notice may be adopted for any
Housing Assistance Payment (HAP)
contract entered as of the effective date
of this notice. HUD intends for these
exception payment standards to remain
in effect until HUD implements changes
to the FMRs in the affected areas. MDD
PHAs are reminded that increased perfamily costs resulting from the use of
exception payment standards may result
in a reduction in the number of families
assisted or may require other cost-saving
measures for an MDD PHA to stay
within its funding limitations.
L. 24 CFR 982.401(d) (Housing quality
standards; Space and security). This
section establishes a standard for
adequate space for an HCV-assisted
family. Specifically, it requires that each
dwelling unit have at least 1 bedroom or
living/sleeping room for each 2 persons.
HUD is willing to consider a request
from an MDD PHA that wishes to waive
this requirement to house families
displaced due to the severe storms and
flooding. The waiver will be in effect
only for HAPs entered into during the
12-month period following the date of
HUD approval, and then only with the
written consent of the family. For any
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family occupying a unit pursuant to this
waiver, the waiver will be in effect for
the initial lease term.
M. 24 CFR 982.633(a) (Occupancy of
home). This section establishes the
requirement that PHAs may make HAP
for homeownership assistance only
while a family resides in their home and
must stop HAP no later than the month
after a family moves out. HUD is willing
to consider a request from an MDD PHA
wishing to waive this requirement to
allow families displaced from their
homes located in areas affected by
MDD(s) 4332, 4335, 4337, 4338, 4339
and/or 4340 to comply with mortgage
terms or make necessary repairs. A PHA
requesting a waiver of this type must
show good cause by demonstrating that
the family is not already receiving
assistance from another source. NOTE:
An MDD PHA that wishes in addition
to request a waiver of the requirement
at 982.312 that a family be terminated
from the program if they have been
absent from their home for 180
consecutive calendar days must do so
separately.
N. 24 CFR 984.303(d) (Contract of
participation; contract extension). Part
984 establishes the requirements for the
Section 8 and Public Housing Family
Self-Sufficiency (FSS) Program. Section
984.303(d) authorizes a PHA to extend
a family’s contract of participation for a
period not to exceed 2 years, upon a
finding of good cause, for any family
that requests such an extension in
writing. HUD is willing to consider a
request from an MDD PHA that wishes
to extend family contracts for up to 3
years, if such extensions are merited
based on circumstances deriving from
MDD(s) 4332, 4335, 4337, 4338, 4339
and/or 4340. Any waiver granted
pursuant to this request will be in effect
for requests made to the MDD PHA
during a period not to exceed 12 months
from the date of HUD approval.
O. 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.
For an MDD PHA that has a fiscal year
end of September 30, 2017, December
31, 2017, or March 31, 2018, HUD is
willing to consider a request to carry
forward the last SEMAP score received
by the PHA.
P. Notice PIH 2012–10, Section 8(c)
(Verification of the Social Security
Number (SSN)). PHAs are required to
transmit form HUD–50058 not later than
30 calendar days following receipt of an
applicant’s or participant’s SSN
documentation. HUD is willing to
consider a request to extend this
requirement to 90 calendar days, for a
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period not to exceed 12 months from the
date of HUD approval.
R. Notice PIH 2012–7, Section 9 and
4. HUD will not process a SAC
application that is incomplete or
deficient on a substantial item (e.g.
supporting information required under
24 CFR 970.7(a)(1)–(17) (environmental
review must still be performed)). HUD
is willing to consider a request to waive
this for MDD PHAs in order to allow
these PHAs to apply for tenant
protection vouchers (TPVs) after the
submission of a SAC application based
on imminent health and safety issues (in
accordance with PIH Notice 2017–10).
S. 24 CFR 970.15(b)(1)(ii). For Section
18 demolition applications (and
disposition applications) justified by
location obsolescence, in addition to
accepting an environmental review
performed by HUD under 24 CFR part
50, for MDD PHAs, HUD is willing to
accept an environmental review
performed under 24 CFR part 58 if HUD
determines the part 58 review indicates
the environmental conditions jeopardize
the suitability of the site or a portion of
the site and its housing structures for
residential use.
T. 24 CFR 970.15(b)(2) and PIH 2012–
7, Section 14. For Section 18 demolition
applications (and disposition
applications) justified by obsolescence,
HUD generally shall not consider a
program of modifications to be costeffective if the costs of such program
exceed 62.5 percent of total
development cost (TDC) for elevator
structures and 57.14 percent of TDC for
all other types of structures in effect at
the time the application is submitted to
HUD. In addition, HUD requires that
PHAs support rehabilitation costestimate by a list of specific and
detailed work-items identified on form
HUD–52860–B and other criteria
outlined in PIH Notice 2012–7, Section
14. HUD is willing to consider requests
to waive these requirements if MDD
PHAs submit other evidence (e.g.
insurance adjuster reports,
condemnation orders from local
municipalities, photographs) that
support the MDD PHA’s certification
that a program of modifications is not
cost-effective.
U. Notice PIH 2012–7, Section 14.
HUD approves Section 18 demolition
applications (and disposition
applications justified by physical
obsolescence HUD is willing to consider
requests to waive these criteria for MDD
PHAs if they submit other evidence (e.g.
insurance adjuster reports, photographs)
that support the MDD PHA’s
certification that a program of
modifications is not cost-effective.
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V. Notice PIH 2017–10, Section
6(F)(2)(a). The maximum number of
TPVs available to PHAs for public
housing removal actions is based on the
occupancy of the public housing units
at the time the Section 18 demolition or
disposition application is approved by
HUD. If MDD PHAs have vacated units
based on imminent health and safety
prior to the submission of a TPV
application, HUD is willing to consider
making TPVs available for units that
were occupied immediately prior to the
disaster.
V. Notification and Expedited Waiver
Process—Instructions
HUD has developed a checklist
(Attachment A to this notice) that an
MDD PHA must complete and submit to
take advantage of the provisions
identified in this notice and the
expedited review of waiver requests.
Each provision on the checklist
indicates the documentation that must
accompany the MDD PHA’s submission.
Each request for a waiver (Section 3 of
the checklist) must include a good-cause
justification stating why the waiver is
needed for the PHA’s relief and recovery
efforts.
To complete the checklist, take the
following steps:
1. Download the checklist to your
computer, saving the document with the
following filename: FR–5987–N–01.
Your Agency’s HA Code (e.g., FR–5987–
N–01.MI001). HUD will consider other
methods of submission as needed.
2. Complete the section titled
Information about Requesting Agency.
This section must be complete. An
official of the MDD PHA must sign
where indicated. If the information
about the requesting agency is
incomplete or the checklist has not been
signed, then the checklist will be
returned without review.
3. Complete Sections 1, 2, and/or 3 of
the checklist, as applicable, noting the
documentation (if any) that
accompanies each provision.
4. Address an email to both HUD HQ
and your Field Office Public Housing
Director. In the subject line, type
‘‘Hurricane Harvey/Irma Disaster
Relief.’’ Email:
PIH_Disaster_Relief@hud.gov.
5. Attach the completed checklist to
your email.
6. Click ‘‘Send.’’
Checklists and any supporting
documentation or information must be
submitted not later than January 4,
2018. Requests submitted after January
4, 2018 will not be considered, nor will
HUD consider any waiver requests
submitted to this email address that are
unrelated to relief and recovery efforts.
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VI. Finding of No Significant Impact
A Finding of No Significant Impact
(FONSI) with respect to the
environment has been made in
accordance with HUD regulations at 24
CFR part 50, which implement section
102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C.
4332(2)(C)). The FONSI is available for
public inspection between 8 a.m. and 5
p.m. weekdays in the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW., Room
10276, Washington, DC 20410–0500.
Due to security measures at the HUD
Headquarters building, an advance
appointment to review the docket file
must be scheduled by Calling the
Regulations Division at 202–708–3055
(this is not a toll-free number). Hearingor speech-impaired individuals may
access this number through TTY by
calling the Federal Relay Service at 800–
877–8339 (this is a toll-free number).
Dated: October 3, 2017.
Dominique Blom,
General Deputy Assistant Secretary.
ATTACHMENT A
Relief from HUD Requirements Available to
Public Housing Agencies to Assist with
Recovery and Relief Efforts on Behalf of
Families Affected by Hurricanes Harvey,
Irma and Hurricane Maria
Information about Requesting Agency
NAME OF PHA:
PHA CODE:
Address:
City or Locality:
Parish:
Date of Submission: [may not be after January
4, 2018]
Signature of PHA Official:
llllllll
Name/Title of PHA Official:
Phone number of PHA Official:
Section 1. Insert an ‘‘X’’ next to the
applicable category (A, B, C or D).
llCategory A: My agency is located in one
of the counties that received a Major
Disaster Declaration on August 25, 2017
[MDD 4332]. Aransas, Bee, Brazoria,
Calhoun, Chambers, Colorado, Fayette,
Fort Bend, Galveston, Goliad, Hardin,
Harris, Jackson, Jasper, Jefferson,
Kleberg, Liberty, Matagorda,
Montgomery, Newton, Nueces, Orange,
Refugio, Sabine, San Jacinto, San
Patricio, Victoria, Waller, Wharton
ll[Category B: Category B will include
counties included in Major Disaster
Declaration for Hurricane Irma; MDD
4335, 4336, 4337, 4338]. St. John (Island)
(County-equivalent), St. Thomas (Island)
(County-equivalent), Canovanas
(Municipio), Culebra (Municipio), Loiza
(Municipio), Vieques (Municipio),
Alachua, Baker, Bradford, Brevard,
Broward, Charlotte, Citrus, Clay, Collier,
Columbia, DeSoto, Dixie, Duval, Flagler,
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Gilchrist, Glades, Hardee, Hendry,
Hernando, Highlands, Hillsborough,
Indian River, Lafayette, Lake, Lee, Levy,
Manatee, Marion, Martin, Miami-Dade,
Monroe, Nassau, Okeechobee, Orange,
Osceola, Palm Beach, Pasco, Pinellas,
Polk, Putnam, Sarasota, Seminole, St.
Johns, St. Lucie, Sumter, Suwannee,
Union, Volusia, Camden, Chatham,
Glynn, Liberty and Mcintosh.
ll[Category C: Category C will include
counties included in Major Disaster
Declaration for Hurricane Maria; MDD
4339 and 4340]. St. Croix (Island)
(County-equivalent), Aguas Buenas,
Aibonito, Arecibo, Arroyo, Barceloneta,
´
Barranquitas, Bayamon, Caguas ,
´
˜
Canovanas, Carolina, Catano, Cayey,
Ceiba, Ciales, Cidra, Coamo, Comerio,
Corozal, Culebra, Dorado, Fajardo,
Florida, Guayama, Guaynabo, Gurabo,
´
Humacao, Jayuya, Juana Dıaz, Juncos,
´
Las Piedras, Loıza, Luquillo, Manati,
Maunabo, Morovis, Naguabo, Naranjito,
Orocovis, Patillas, Ponce, Rio Grande,
Salinas, San Juan, San Lorenzo, Santa
Isabel, Toa Baja, Toa Alta, Trujillo Alto,
Utuado, Vega Alta, Vega Baja, Vieques,
Villalba, and Yabucoa.
ll[Category D: Category D is for PHAs,
Tribes and TDHEs located in areas
covered by MDDs issued during the
remainder of 2017].
Section 2. Insert an ‘‘X’’ next to the
applicable flexibilities.
An MDD PHA may adopt the flexibilities
listed below.
llA. 42 U.S.C. 1437g(j)(1) and (j)(5)(A)
(Extension of deadline for obligation and
expenditure of Capital Funds.). (Office
of Capital Improvements)
My agency requests that HUD extend the
deadline for the obligation and
expenditure of Capital Funds for an
additional 12 months. We will maintain
documentation substantiating the need
for this extension.
llB. 24 CFR 984.105 (Family SelfSufficiency minimum program size).
(Housing Voucher Management and
Operations; Public Housing Management
and Occupancy)
My agency submits the certification
required by 24 CFR 984.103 and will
operate an FSS program that is smaller
than the required program size for up to
24 months from October 6, 2017.
llC. 24 CFR 990.145(b) (Public housing
dwelling units with approved
vacancies). (REAC—Public Housing
Financial Management Division)
My agency requests HUD approval to
treat certain public housing units in our
inventory as approved vacancies. I have
attached a project-by-project listing of
the units for which this approval is
requested. I understand that any units
that remain vacant shall be considered
approved vacancies only for a period not
to exceed 12 months from the date of
HUD approval.
Section 3. Insert an ‘‘X’’ next to the
applicable waiver requests.
An MDD PHA may request a waiver of a HUD
requirement listed below or of any other
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HUD requirement and receive expedited
review of the request, if the MDD PHA
demonstrates that the waiver is needed for
relief and recovery purposes. Each request
must include a good-cause justification for
the waiver, documenting why the waiver is
needed for such purposes. No requested
waiver may be implemented unless and until
written approval from HUD has been
obtained.
llA. 24 CFR 5.512(d) (Verification of
eligible immigration status; Secondary
verification). (Housing Voucher
Management and Operations; Public
Housing Management and Occupancy)
My agency requests a waiver of 24 CFR
5.512(d) to extend the timeframe for
secondary verification requests to
Immigration and Customs Enforcement
from 30 to 90 days. I understand that, if
approved, this waiver will be in effect for
a period not to exceed 12 months from
the date of HUD approval.
llB. 24 CFR 5.801(c) and 5.801(d)(1)
(Uniform financial reporting standards;
Filing of financial reports; Reporting
compliance dates). (REAC)
My agency requests a waiver of 24 CFR
5.801(c) to extend the deadline for
reporting of unaudited financial
information to 180 days and of 24 CFR
5.801(d)(1) to extend the reporting
deadline for audited financial
information to 13 months.
For requests to waiver the deadline to
report audited financial information, my
agency has a fiscal year end of 12/31/16
or 3/31/17.
For requests to waiver the deadlines to
report both unaudited financial
information and audited financial
information, my agency has a fiscal year
end of 6/30/17, 9/30/17 or 12/31/17.
llC. 24 CFR 902 (Public Housing
Assessment System). (REAC)
My agency requests a waiver of the
inspection and scoring of public housing
projects, as required under 24 CFR 902.
My agency has a fiscal year end of 6/30/
17, 9/30/17, 12/31/17, 3/31/18, or 6/30/
18.
llD. 24 CFR 905.322(b) (Fiscal closeout)
(Office of Capital Improvements)
My agency requests a waiver of 24 CFR
905.322(b) to extend the deadline for
submission of the Actual Development
Cost Certificate and the Actual
Modernization Cost Certificate by 12
months.
llE. 24 CFR 905.314(b)–(c) (Cost and other
limitations; Maximum project cost; TDC
limit). (Office of Capital Improvements)
My agency requests a waiver of 24 CFR
905.314(b)–(c), which establish the
calculation of maximum project cost and
total development cost limits for the
Capital Fund program. I understand that
this waiver is in effect only until 2018
TDC limits have been published.
llF. 24 CFR 905.314(j) (Cost and other
limitations; Types of labor) (Office of
Capital Improvements)
My agency requests a waiver of 24 CFR
904.314(j) to allow for the use of force
account labor for modernization
activities even if this activity has not
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been included in our agency’s 5-Year
Action Plan. I understand that this
waiver will be in effect for a period not
to exceed 12 months from the date of
HUD approval.
llG. 24 CFR 905.400(i)(5) (Capital Fund
Formula; Limitation of Replacement
Housing Funds to New Development)
(Office of Capital Improvements)
My agency requests a waiver of 24 CFR
905.400(i)(5) to allow for the use of
Capital Fund Replacement Housing
Factor grants with undisbursed balances
for public housing modernization. I
understand that this waiver will be in
effect only for funds obligated within 12
months from the date of HUD approval.
llH. 24 CFR 960.202(c) (Tenant selection
policies) and 24 CFR 982.54(a)
(Administrative plan). (Housing Voucher
Management and Operations; Public
Housing Management and Occupancy)
My agency requests a waiver of 24 CFR
960.202(c)(1) and/or 24 CFR 982.54(a) so
that our public housing tenant selection
policies and section 8 administrative
plan may be revised on a temporary
basis, without formal approval, to
address circumstances unique to relief
and recovery efforts. I have attached
documentation that our Board of
Commissioners or an authorized PHA
official supports the waiver request. I
have also attached documentation
identifying the temporary revisions. The
adoption of these revisions does not
constitute a significant amendment to
our PHA plan, nor does state law prevent
us from adopting the revisions without
formal approval. I understand that these
revisions will be in effect for a period not
to exceed 12 months from the date of
HUD’s approval.
llI. 24 CFR 965.302 (Requirements for
energy audits). (Public Housing
Management and Occupancy)
My agency requests a waiver of 24 CFR
965.302 to provide us with an additional
12 months after December 31, 2017, to
complete our audits.
llJ. 24 CFR 982.206(a)(2) (Waiting List;
Opening and closing; Public notice).
(Housing Voucher Management and
Operations)
My agency requests a waiver of 24 CFR
982.206(a)(2) so that we can provide
public notice of the opening of our
waiting list via our Web site, at any of
our offices, and/or in a voice-mail
message in lieu of providing notice in a
local newspaper of general circulation. I
understand that this waiver is in effect
for a period not to exceed 12 months
from the date of HUD approval.
llK. 24 CFR 982.503(c) (HUD approval of
exception payment standard amount).
(Housing Voucher Management and
Operations)
My agency requests to establish an
exception payment standard amount
that is higher than 110 percent of the
published fair market rent (FMR). I have
attached our proposed emergency
exception payment standard schedule,
which shows both the dollar amounts
requested and those amounts as a
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percentage of the FMRs in effect at the
time of the request. I understand that
any approved exception payment
standard will remain in effect until HUD
revises the FMRs for the area. I also
understand that increased per-family
costs resulting from the use of such
exception payment standard may result
in a reduction in the number of families
assisted or may require my agency to
adopt other cost-saving measures.
llL. 24 CFR 982.401(d) (Housing quality
standards; Space and security).
(Housing Voucher Management and
Operations)
My agency requests a waiver of 24 CFR
982.401(d) so that we may allow families
to occupy units that are smaller than our
occupancy standards would otherwise
dictate. I understand that this waiver is
in effect only for HAPs entered into
during the 12-month period following the
date of HUD approval, and then only
with the written consent of the family.
llM. 24 CFR 982.633(a) (Occupancy of
home). (Housing Voucher Management
and Operations)
My agency requests a waiver of 24 CFR
982.633(a) so that we may continue HAP
for homeownership for families
displaced from their homes if needed to
comply with mortgage terms or make
necessary repairs. We have determined
that the family is not receiving assistance
from another source. I understand that
such payments must cease if the family
remains absent from their home for more
than 180 consecutive calendar days.
llN. 24 CFR 984.303(d) (Contract of
participation; contract extension).
(Public Housing Management and
Occupancy; Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR
984.303(d) so that a family’s contract of
participation may be extended for up to
3 years. I understand that such
extensions may be made only during the
12-month period following the date of
HUD approval.
llO. 24 CFR 985.101(a) (Section 8
Management Assessment Program
(SEMAP)). (Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR
985.101(a) so that our SEMAP score from
the previous year may be carried over.
My agency has a fiscal year end of 9/30/
17, 12/31/17, or 3/31/18.
llP. Notice PIH 2012–10, Section 8(c)
(Verification of the Social Security
Number (SSN)) (REAC)
My agency requests a waiver of section
8(c) of Notice PIH 2012–10 to allow for
the submission of Form HUD–50058 90
calendars days from receipt of an
applicant’s or participant’s SSN
documentation. I understand that this
waiver will be in effect for a period not
to exceed 12 months from the date of
HUD approval.
llQ. Waivers not identified in FR–6050–
N–01.
My agency seeks waivers of the HUD
requirements listed below. I have
included documentation justifying the
need for the waivers.
VerDate Sep<11>2014
20:15 Oct 05, 2017
Jkt 244001
Regulation
Description
Example: 24
CFR
982.54.
Example: A waiver of this regulation will facilitate our agency’s capacity to participate in
relief and recovery efforts by
. . .
[FR Doc. 2017–21600 Filed 10–5–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2017–N092;
FXES11120200000–178–FF02ENEH00]
Draft Environmental Assessment and
Draft Habitat Conservation Plan for the
San Antonio Water System’s Micron
and Water Resources Integration
Program Water Pipelines; Bexar
County, Texas
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for public comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), make
available the draft Environmental
Assessment (dEA) for the San Antonio
Water System (SAWS) draft Habitat
Conservation Plan (dHCP) for
construction of two water pipelines
(Micron and Water Resources
Integration Program (WRIP)) in Bexar
County, Texas. SAWS (applicant) has
applied to the Service for an incidental
take permit (ITP) under the Endangered
Species Act (ESA).
DATES: To ensure consideration, written
comments must be received or
postmarked on or before November 6,
2017.
ADDRESSES: Availability of Documents:
Internet: You may obtain copies of the
all documents at the Service’s Web site
at https://www.fws.gov/southwest/es/
AustinTexas/.
U.S. Mail: A limited number of CD–
ROM and printed copies of the draft EA
and draft HCP are available, by request,
from Mr. Adam Zerrenner, Austin
Ecological Services Field Office, 10711
Burnet Road, Suite 200, Austin, TX
78758–4460; telephone 512–490–0057;
fax 512–490–0974. Please note that your
request is in reference to the SAWS
dHCP (TE 36242C–0).
SUMMARY:
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
The ITP application is available by
mail from the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 6034, Albuquerque, NM
87103.
• In-Person: Copies of the dEA and
dHCP are also available for public
inspection and review at the following
locations, by appointment and written
request only, 8 a.m. to 4:30 p.m.:
Æ U.S. Fish and Wildlife Service, 500
Gold Avenue SW., Room 6034,
Albuquerque, NM 87102.
Æ U.S. Fish and Wildlife Service,
10711 Burnet Road, Suite 200, Austin,
TX 78758.
Comment submission: You may
submit written comments by one of the
following methods:
• Electronically: Submit electronic
comments to FW2_AUES_Consult@
fws.gov. Please note that your request is
in reference to the SAWS dHCP (TE
36242C–0).
• By hard copy: Mr. Adam Zerrenner,
Austin Ecological Services Field Office,
10711 Burnet Road, Suite 200, Austin,
TX 78758–4460; telephone 512–490–
0057; fax 512–490–0974. Please note
that your request is in reference to the
SAWS dHCP (TE 36242C–0).
We request that you send comments
by only the methods described above.
FOR FURTHER INFORMATION CONTACT:
Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, 10711 Burnet
Road, Suite 200, Austin, TX 78758 or
(512) 490–0057.
SUPPLEMENTARY INFORMATION:
Introduction
We, the U.S. Fish and Wildlife
Service (Service), make available the
draft Environmental Assessment (dEA)
for the San Antonio Water System
(SAWS) draft Habitat Conservation Plan
(dHCP) for construction of two water
pipelines (Micron and Water Resources
Integration Program (WRIP)) in Bexar
County, Texas. SAWS (applicant) has
applied to the Service for an incidental
take permit (ITP; TE 36242C–0) under
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.; ESA). The applicant
requests a 15-year term permit to
authorize incidental take of the
following five federally listed karst
invertebrates:
Madla’s Cave meshweaver (Cicurina madla)
Robber Baron Cave meshweaver (Cicurina
baronia)
Braken Bat Cave meshweaver (Cicurina venii)
ground beetles with no common name (R
Rhadine exilis and Rhadine infernalis).
E:\FR\FM\06OCN1.SGM
06OCN1
Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46821-46828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21600]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6050-N-01]
Relief From HUD Requirements Available to PHAs To Assist With
Recovery and Relief Efforts on Behalf of Families Affected by
Hurricanes Harvey, Irma, Maria and Future Natural Disasters Where Major
Disaster Declarations Might Be Issued in 2017
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that HUD, as a result of
Presidentially declared Major Disaster Declarations (MDD) following
Hurricanes Harvey, Irma and Maria has established an expedited process
for the review of requests for relief from HUD regulatory and/or
administrative requirements (``HUD requirements'') for public housing
agencies (PHAs) and Tribes or tribally designated housing entities
(TDHEs) that are located in Texas, U.S. Virgin Islands, Puerto Rico,
Florida, and Georgia. The notice covers MDDs DR-4332, issued on August
25, 2017, DR-4335, issued on September 7, 2017, DR-4336, issued on
September 10, 2017, DR-4337, issued on September 10, 2017, DR-4338,
issued on September 15, 2017, DR-4339 issued on September 20, 2017 and
DR-4340 issued on September 20, 2017. Specifically, these PHAs and
Tribes/TDHEs may request waivers of HUD requirements and receive
expedited review of such requests. In addition, this notice advises
that PHAs, Tribes and TDHEs located in areas covered by MDDs issued
during the remainder of 2017 may utilize the flexibilities and
expedited waiver process set out by this notice.
DATES: Applicable Date: October 6, 2017.
FOR FURTHER INFORMATION CONTACT: Shelia Bethea, Office of Field
Operations, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4112, Washington,
DC 20410-5000, telephone number (202) 402-8120. 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
From a period beginning on August 23, 2017, areas in Texas, U.S.
Virgin Islands, Puerto Rico, Florida and Georgia experienced severe
storms and flooding from Hurricanes Harvey, Irma and Maria. MDDs
covering these areas were issued on August 25, 2017, DR-4332,\1\ DR-
4335,\2\ September 7, 2017, DR-4336,\3\ September 10, 2017, DR-4337,\4\
September 10, 2017, DR-4338,\5\ September 15, 2017, DR-4339,\6\
[[Page 46822]]
September 20, 2017 and DR-4340,\7\ September 20, 2017.
---------------------------------------------------------------------------
\1\ https://www.fema.gov/disaster/4332, designating Aransas,
Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort Bend,
Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson,
Kleberg, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange,
Refugio, Sabine, San Jacinto, San Patricio, Victoria, Waller,
Wharton Counties in Texas.
\2\ https://www.fema.gov/disaster/4335, designating St. John
(Island) (County-equivalent) St. Thomas (Island) (County-equivalent)
in U.S. Virgin Islands for Hurricane Irma and St. Croix for
Hurricane Maria.
\3\ https://www.fema.gov/disaster/4336, designating Canovanas
(Municipio), Culebra (Municipio), Loiza (Municipio), Vieques
(Municipio) in Puerto Rico for Hurricane Irma and Aguas Buenas,
Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas,
Bayam[oacute]n, Caguas, Can[oacute]vanas, Carolina, Cata[ntilde]o,
Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra,
Dorado, Fajardo, Florida, Guayama, Guaynabo, Gurabo, Humacao,
Jayuya, Juana D[iacute]az, Juncos, Las Piedras, Lo[iacute]za,
Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis,
Patillas, Ponce, Rio Grande, Salinas, San Juan, San Lorenzo, Santa
Isabel, Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega
Baja, Vieques, Villalba, and Yabucoa for Hurricane Maria.
\4\ https://www.fema.gov/disaster/4337, designating Alachua,
Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier,
Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hardee,
Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette,
Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe,
Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas,
Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter,
Suwannee, Union, Volusia in Florida.
\5\ https://www.fema.gov/disaster/4338, designating Camden,
Chatham, Coffee, Glynn, Liberty and Mcintosh in Georgia.
\6\ https://www.fema.gov/disaster/4339, designating Puerto Rico.
\7\ https://www.fema.gov/disaster/4340, designating U.S. Virgin
Islands.
---------------------------------------------------------------------------
In order to provide relief from certain HUD requirements governing
programs administered by the Office of Public and Indian Housing (PIH)
to PHAs and Tribes/THDEs that are located in areas covered by MDDs
4332, 4335, 4336, 4337, 4338, 4339 and 4340 (MDD PHAs; MDD Tribes/
TDHEs) HUD is publishing this notice. The notice describes a number of
flexibilities that are available to such PHAs and Tribes/TDHEs, lists
HUD requirements that HUD is willing to waive upon request from a PHA
or Tribe/TDHE, and provides for the expedited review of waiver
requests. HUD is publishing this notice to assist MDD PHAs and Tribes/
TDHEs in responding to this major disaster declarations and in
contributing to long-term recovery. Further, given the number of
natural disasters that have occurred and may occur this year, HUD has
determined that PHAs, Tribes and TDHEs located in areas covered by MDDs
issued during the balance of 2017 may utilize the flexibilities and
expedited waiver process set out by this notice. HUD will publish a
notice designating areas covered by future MDDs.
The notice is organized as follows:
Section II describes the flexibilities that are available
to MDD PHAs, where such flexibilities are built into statute and/or
regulation. MDD PHAs may avail themselves of these flexibilities,
following the process described in Section IV of the notice.
Section III describes requirements of HUD's Indian
programs that may be waived.
Section IV describes certain HUD requirements that, if
waived, may facilitate an MDD PHA's ability to participate in relief
and recovery efforts. An MDD PHA may request a waiver of a HUD
requirement not listed in Section IV and receive expedited review of
the request if the MDD PHA demonstrates that the waiver is needed in
order to assist in its relief and recovery efforts. An MDD PHA may not
adopt any requested waiver prior to receiving HUD approval.
Section V describes the process HUD has established for
MDD PHAs to provide notice to and/or request approval from HUD
regarding statutory or regulatory flexibilities and/or to request
waivers of HUD requirements. Waiver requests will be handled on an
expedited, case-by-case basis. Consistent with 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 HUD regulations must request a
waiver from HUD in writing. HUD will permit other methods of waiver
transmission as necessary. The waiver request must specify the need for
the waiver. Typically, the request is submitted to the HUD field
office, which reviews the request and submits its recommendation to HUD
headquarters. HUD headquarters then responds to the regulated party in
writing. Since the damage to property and the displacement of families
and individuals in the disaster areas is massive, and the need for
relief from HUD requirements may be necessary, HUD will expedite the
processing of waiver requests from MDD PHAs, providing for concurrent
review by the HUD field office and HUD headquarters.
Section VI States that a Finding of No Significant Impact
(FONSI) with respect to the environment has been made in accordance
with HUD regulations at 24 CFR part 50, which implement section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
Waiver requests approved by HUD pursuant to this notice will be
published in the Federal Register and will identify the MDD PHAs
receiving such approvals.
II. Flexibilities That Are Available to MDD PHAs
HUD is exercising discretionary authority to provide relief from
the requirements described in this section. Upon notification to HUD or
upon HUD approval, as noted below, relief is granted to MDD PHAs.
Relief from the requirements must benefit families affected by the
disasters, for example by enabling MDD PHA staff to focus on relief and
recovery efforts. Section IV of this notice describes the process an
MDD PHA must follow to provide notification to and/or to request
approval from HUD. Such notification and/or request must be made by
January 4, 2018.
A. 24 CFR 905.306 (Extension of deadline for obligation and
expenditure of Capital Funds). Section 9(j)(1) of the United States
Housing Act of 1937 (1937 Act) requires PHAs 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) of the Act. 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). Section 9(j)(2) of the 1937
Act authorizes the Secretary to extend the time period for the
obligation of Capital Funds for such period as the Secretary determines
necessary if the Secretary determines that the failure of the agency to
obligate assistance in a timely manner is attributable to an event
beyond the control of the PHA. The severe storms and flooding in Texas
were beyond the control of MDD PHAs and caused such massive and
widespread destruction and displacement that HUD is willing to extend
the obligation deadline under section 9(j)(1) of the 1937 Act pursuant
to section 9(j)(2)(A)(v) of the 1937 Act for an additional 12 months,
upon the request of an MDD PHA. The extension of the section 9(j)
obligation and extension deadlines made in this notice also applies to
the implementing regulation at 24 CFR 905.306.
B. 24 CFR 984.105(d) (Family Self-Sufficiency minimum program
size). 24 CFR 984.105(d) defines the circumstances under which a PHA
may, upon HUD approval, operate a program that is smaller than the
required program size. HUD has determined that an MDD PHA's ability to
operate a program that meets the minimum program size requirements may
be infeasible due to circumstances related to MDDs 4332, 4335, 4336,
4337, 4338, 4339 and/or 4340. Upon the submission to HUD of a
certification (as defined in 24 CFR 984.103) and upon request by an MDD
PHA, HUD will grant an exemption from the minimum program size
requirement for a period of 24 months from the effective date of this
notice.
C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). Section 990.145 lists the categories of vacant public
housing units that are eligible to receive operating subsidy and are
therefore considered to be ``approved vacancies.'' Under Section
990.145(b), a PHA shall receive operating subsidy for units that are
vacant due to a declared disaster, subject to prior HUD approval, on a
project-by-project basis. If an MDD PHA has a unit that has been
vacated due to severe storms and flooding, then the MDD PHA, with HUD
approval, may treat the unit as an ``approved vacancy.'' Upon the
request of an MDD PHA and HUD approval, on a case-by-case basis, such
units may be considered approved vacancies for a period not to exceed
12 months from the date of HUD approval.
[[Page 46823]]
III. Requirements of HUD's Indian Programs That May Be Waived
HUD is exercising discretionary authority to provide relief from
the requirements described in this section since the damage to property
and the displacement of families and individuals is significant and the
need to provide regulatory relief in many areas is readily apparent.
Upon notification to HUD or upon HUD approval, as noted below, relief
is temporarily granted to MDD Tribes/TDHEs. Relief from the
requirements must benefit families affected by the disasters, for
example by enabling MDD Tribe/TDHE staff to focus on relief and
recovery efforts. To avail themselves of the waivers in this section,
MDD Tribes/TDHEs must notify their Area Office of Native American
Programs (AONAP) in advance of their intent to exercise the waiver, and
must keep documentation on file at the Tribe/TDHE of good cause for
exercising such waiver. Such notification and/or request must be made
by January 4, 2018.
Indian Housing Block Grant (IHBG) Program Waivers
A. 24 CFR 1000.156 and 1000.158 (Total Development Cost (TDC)
Limits). The IHBG regulations provide that affordable housing
developed, acquired, or assisted under the IHBG program must be of
moderate design. TDC limits are published annually to provide
recipients with affordable housing cost standards. These standards can
be exceeded by 10 percent with AONAP approval and can be exceeded
further if Headquarters approval is obtained. A Tribe must submit a
justification to HUD to increase the TDC limit of a unit or project.
Due to the impact of the hurricanes and the need to expedite the
rehabilitation of damaged homes, HUD has determined that there is good
cause to temporarily waive these requirements to allow Tribes impacted
by Hurricanes Harvey, Irma, or Maria to exceed the current TDC maximum
by 20 percent without HUD review or approval if the Tribe maintains
documentation that indicates that housing will be for IHBG eligible
families and the design, size, and amenities are moderate and
comparable to housing in the area. This requirement is waived for a
period of one year from the effective date of this notice. The TDC
limits can be exceeded by more than 20 percent if the Tribe receives
written approval from HUD Headquarters. These requirements are also
waived to permit the current TDC limits to be used for both single-
family and multi-family housing.
Indian Community Development Block Grant (ICDBG) Waivers
B. 24 CFR 1003.305; 24 CFR 1003.400(a) and (b); 24 CFR 1003.401;
and Section I.A.1.b of FY 2017 Indian Community Development Block Grant
(ICDBG) NOFA (Application Requirements for ICDBG Imminent Threat Funds
and Amending ICDBG Single Purpose Grants). These ICDBG regulations
provide that applicants must: (1) Provide independent verification of
the urgency and immediacy of the threat; (2) demonstrate that no other
funding source is available to address the threat for which funds are
requested; (3) submit the information specified in the annual ICDBG
NOFA, located in Section I.A.1.b of the FY 2017 ICDBG NOFA; and (4)
meet all funding criteria for ICDBG Imminent Threat grants in 24 CFR
1003, Subpart E, when requesting an amendment to use an ICDBG Single
Purpose grant to address imminent threats to health and safety. Given
the urgent need to address the damage from Hurricanes Harvey, Irma or
Maria, and the well documented impact of the disasters, these
requirements may cause unnecessary delays to recovery. Accordingly, HUD
determines that there is good cause to waive 24 CFR 1003.305,
1003.400(a) and (b), 1003.401(b), and Section I.A.1.b of the FY2017
ICDBG NOFA, to the extent necessary to permit Indian Tribes located in
areas affected by Hurricanes Harvey, Irma or Maria to more
expeditiously request and receive ICDBG Imminent Threat grants, or to
use an existing ICDBG grant to address imminent threats to health and
safety. A Tribe that is seeking an ICDBG Imminent Threat grant must
instead send a written request to its Area Office of Native American
Programs (ONAP) describing (1) the damage caused by the disaster, (2)
the amount of assistance requested to address the damage, (3) the
activities that the Tribe intends to carry out with the Imminent Threat
grant, and (4) certify that information on the Tribe/TDHE's plans to
use ICDBG Imminent Threat or existing ICDBG funds has been published or
posted for residents of the community in order to meet the alternative
citizen participation requirements in Section III.D. of this Notice.
This documentation need not be in writing if HUD determines that
providing written documentation is impracticable. A Tribe that is
seeking to use its ICDBG grant funds to address imminent threats to
health and safety must also follow the process outlined above in lieu
of the process outlined in these regulations and NOFA. HUD will review
this information and determine whether to approve the Tribe for an
ICDBG Imminent Threat grant, or to approve the Tribe's ICDBG amendment
request.
C. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The
ICDBG regulations at 24 CFR 1003.604(a)(2) require applicants to
consult with residents prior to submitting their funding applications.
Due to the impact of Hurricanes Harvey, Irma or Maria, Indian Tribes
may need to either quickly apply for an ICDBG Imminent Threat grant, or
amend their existing ICDBG Single Purpose grants to address the damage
from the disasters. The citizen participation requirements have the
potential to delay the ability of ICDBG grantees and applicants to
address the damage from the disasters. Accordingly, HUD has determined
that there is good cause to temporarily waive 24 CFR 1003.604(a)(2) so
that the Tribe will not have to hold one or more meetings to obtain the
views of residents on disaster recovery needs. This requirement is
waived for a period of one year from the effective date of this notice.
Tribes will continue to be required, however, to meet the citizen
participation requirements by publishing or posting information on
their plans to use ICDBG Imminent Threat grant funds, or amend their
ICDBG Single Purpose grant(s), and accepting and considering comments.
The Tribe will be required to certify in its application for funding or
for amendment that information has been published or posted for
residents of the community in order to meet the citizen participation
requirement.
D. Section II.A.3 of the Fiscal Year 2015, 2016 and 2017 Indian
Community Development Block Grant (ICDBG) Notices of Funding
Availability (Housing Rehabilitation Limits). The ICDBG NOFA places a
limit on the amount grantees can spend on per unit housing
rehabilitation costs. Due to the impact of Hurricanes Harvey, Irma or
Maria, Tribes may need to exceed these limits for reasons including but
not limited to: (1) Existing ICDBG housing rehabilitation projects may
have incurred damage and rectifying that damage reasonably increases
the per unit cost, (2) the disaster may have created the need for new
and unplanned housing rehabilitation that is complicated and/or made
more expensive by storm related damage, and (3) the cost of
construction materials and labor may have increased due to increased
demand in the affected areas. HUD has determined that there is good
cause to waive the ICDBG housing rehabilitation limits to allow Tribes
to incur costs that more fully address
[[Page 46824]]
disaster recovery needs. These standards can be exceeded with prior
approval of the AONAP. When requesting approval from the AONAP to use
this waiver flexibility, Tribes should include a statement of the scope
of work and projected costs.
IV. HUD Requirements That May Be Waived
For an MDD PHA, HUD will review requests for waivers of HUD
requirements on an expedited basis. This section lists requirements for
which HUD anticipates receiving such requests. An MDD PHA may also
request a waiver of a HUD requirement not listed in this section and
receive expedited review of the request if the MDD PHA documents that
the waiver is needed for relief and recovery purposes. This
documentation need not be in writing if HUD determines that providing
written documentation is impracticable.
HUD expects that any waiver granted pursuant to this notice will
benefit families affected by the disasters, for example by enabling MDD
PHA staff to focus on relief and recovery efforts.
An MDD PHA seeking a waiver of a HUD requirement listed below or of
any other HUD requirement needed to assist the MDD PHA in its relief
and recover efforts must submit a waiver request pursuant to the
process outlined in Section IV of this notice. HUD will not approve an
MDD PHA's or other recipient's request to waive a fair housing, civil
rights, labor standards, or environmental requirement. The request must
be submitted to HUD not later than January 4, 2018.
A. 24 CFR 5.512(d) (Verification of eligible immigration status;
Secondary verification). Section 5.512 describes the process by which
verification of eligible immigration status must be undertaken for
families seeking assistance under certain HUD programs. In
circumstances under which secondary verification must be requested,
Section 5.512(d) provides a PHA with 10 calendar days from the date of
receipt of the results of the primary verification to request secondary
verification from Immigration and Customs Enforcement (ICE). To
initiate secondary verification, 24 CFR 5.512(d)(2) requires that the
PHA provide ICE with ``photocopies of the original [ICE] documents
required for the immigration status declared (front and back), attached
to the [ICE] document verification request form G-845S (Document
Verification Request), or such other form specified by the [ICE].'' HUD
is willing to consider a request from an MDD PHA to extend the
timeframe for secondary verification requests to ICE to 90 calendar
days, for any primary verification result received after the effective
date of this notice where a secondary request is required, for a period
not to exceed 12 months from the date of HUD approval.
B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
Section 5.801 establishes uniform financial reporting standards (UFRS)
for PHAs (and other entities). Section 5.801(c) requires that PHAs
submit financial information in accordance with 24 CFR 5.801(b)
annually, not later than 60 days after the end of the fiscal year of
the reporting period. Section 5.801(d)(1) requires that PHAs submit
their unaudited financial statements not later than 60 calendar days
after the end of their fiscal year and that PHAs submit their audited
financial statements not later than 9 months after the end of their
fiscal year. HUD is willing to consider requests to extend these
reporting deadlines. Specifically, for MDD PHAs with fiscal years
ending December 31, 2016, and March 31, 2017, the deadline for
submission of financial information in accordance with 24 CFR 5.801(b)
and the deadline for submission of audited financial statements may be
extended to 13 months. For MDD PHAs with fiscal years ending June 30,
2017, September 30, 2017, and December 31, 2017, the deadline for
submission of financial information in accordance with 24 CFR 5.801(b)
and the deadline for submission of unaudited financial statement may be
extended to 180 calendar days, and the deadline for submission of
audited financial statements may be extended to 13 months.
C. 24 CFR 902 (Public Housing Assessment System). Part 902 sets out
the indicators by which HUD measures the performance of a PHA. The
indicators measure a PHA's physical condition, financial condition,
management operations, and Capital Fund obligation and occupancy. For
an MDD PHA that has a fiscal year end of June 30, 2017, September 30,
2017, December 31, 2017, March 31, 2018, or June 30, 2018, HUD is
willing to consider a request to waive the inspection and scoring of
public housing projects, as required under 24 CFR 902
D. 24 CFR 905.322(b) (Fiscal closeout). Section 905.322(b)
establishes deadlines for the submission of an Actual Development Cost
Certificate (ADCC) and an Actual Modernization Cost Certificate (AMCC).
Specifically, the ADCC must be submitted 12 months from the date of
completion/termination of a modernization activity, and the AMCC must
be submitted not later than 12 months from the activity's expenditure
deadline. Upon request from an MDD PHA, HUD is willing to extend these
deadlines by 12 months.
E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). Section 905.314(b)-(c) establishes the
calculation of maximum project cost and the calculation of total
development cost. In order to facilitate the use of Capital Funds for
repairs and construction for needed housing in the disaster areas, HUD
is willing to waive the total development cost (TDC) and housing cost
cap limits for all work funded by the Capital Grant (Capital Grant
Funds with undisbursed balances and HOPE VI funds) until issuance of
2018 TDC levels. MDD PHAs that request to waive this provision and
receive approval to do so must strive to keep housing costs reasonable
given local market conditions, based upon the provisions outlined in 2
CFR part 200.
F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor).
This section establishes that non-high performer PHAs may use force
account labor for modernization activities only when the use of force
account labor for such activities has been included in a Board-approved
Capital Fund Program 5-Year Action Plan. HUD is willing to waive this
requirement to allow for the use of force account labor for
modernization activities even if this activity has not been included in
the non-high performer MDD PHA's 5-Year Action Plan. This waiver will
be in effect for a period not to exceed 12 months from the date of HUD
approval.
G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development). Section 905.400
describes the Capital Fund formula. Section 905.400(i)(5) limits the
use of replacement housing funds to the development of new public
housing. To help address housing needs as a result of the displacement
caused by the severe storms and flooding, HUD is willing to waive
905.400(i)(5) to allow all Capital Fund Replacement Housing Factor
Grants with undisbursed balances to be used for public housing
modernization. This waiver will be in effect for funds obligated within
12 months from the date of HUD approval.
H. 24 CFR 960.202(c) (Tenant selection policies) and 982.54(a)
(Administrative plan). Section 960.202(c)(1) provides that public
housing tenant selection policies must be duly adopted and implemented.
Section 982.54(a) provides that a PHA's Section 8 administrative plan
must be
[[Page 46825]]
formally adopted by the PHA Board of Commissioners or other authorized
PHA officials. For temporary revisions to an MDD PHA's public housing
tenant selection policies or Section 8 administrative plan that an MDD
PHA wishes to put into place to address circumstances unique to relief
and recovery efforts, HUD is willing to consider requests to waive the
requirements for formal approval. Any waiver request must include
documentation that an MDD PHA's Board of Commissioners or an authorized
MDD PHA official supports the waiver request and must identify the
temporary revisions, which shall be effective for a period not to
exceed 12 months from the date of HUD's approval. Additionally, any
waiver request is limited to revisions that do not constitute a
significant amendment or modification to the MDD PHA plan; pursuant to
Section 5(A)(g) of the 1937 Act, HUD cannot waive the approval by the
board or other authorized PHA officials if the proposed revision would
constitute a significant amendment or modification to the PHA plan.
Finally, HUD cannot waive any terms within a PHA's own plan or state
law requiring the approval of the board or authorized PHA officials.
I. 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. HUD is willing to consider a request for audits due to take
place in FY 2017 an additional 12 months after December 31, 2016, to
complete such an audit.
J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). This section describes where a PHA must provide public notice
when it opens its waiting list for tenant-based assistance. HUD is
willing to consider a request from an MDD PHA that wishes, in lieu of
the requirement to provide notice in a local newspaper of general
circulation, to provide public notice via its Web site, at any of its
offices, and/or in a voice-mail message, for any opening of the waiting
list for tenant-based assistance that occurs within a period not to
exceed 12 months from the date of HUD approval. MDD PHAs that request a
waiver of this requirement and receive HUD approval must consider the
fair housing implications of the means by which they choose to provide
public notice. For example, an MDD PHA that chooses to provide public
notice at its offices must consider the impact on persons with
disabilities, who may have difficulty visiting the office in-person.
Similarly, an MDD PHA that chooses to provide public notice via voice-
mail message must consider how it will reach persons with hearing
impairments and persons with limited English proficiency. HUD maintains
the requirement that an MDD PHA must also provide the public notice in
minority media. Any notice must comply with HUD fair housing
requirements.
K. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). 24 CFR 982.503(c) authorizes HUD to approve an exception
payment standard amount that is higher than 110 percent of the
published fair market rent (FMR). Typically, a PHA must provide data
about the local market to substantiate the need for an exception
payment standard. In a natural disaster situation, however, the typical
data sources fail to capture conditions on the ground. In these cases,
HUD considers the most recently available data on the rental market,
prior to the disaster, then estimates the number of households seeking
housing units in the wake of the disaster to arrive at an emergency
exception payment standard amount. HUD has decided, based on this data,
that exception payment standard amounts up to 150 percent of the FMR
are justified and that an MDD PHA may therefore request a waiver to
establish an exception payment standard up to 150 percent of the FMR
without providing supporting data. Upon approval by HUD, an exception
payment standard adopted pursuant to this notice may be adopted for any
Housing Assistance Payment (HAP) contract entered as of the effective
date of this notice. HUD intends for these exception payment standards
to remain in effect until HUD implements changes to the FMRs in the
affected areas. MDD PHAs are reminded that increased per-family costs
resulting from the use of exception payment standards may result in a
reduction in the number of families assisted or may require other cost-
saving measures for an MDD PHA to stay within its funding limitations.
L. 24 CFR 982.401(d) (Housing quality standards; Space and
security). This section establishes a standard for adequate space for
an HCV-assisted family. Specifically, it requires that each dwelling
unit have at least 1 bedroom or living/sleeping room for each 2
persons. HUD is willing to consider a request from an MDD PHA that
wishes to waive this requirement to house families displaced due to the
severe storms and flooding. The waiver will be in effect only for HAPs
entered into during the 12-month period following the date of HUD
approval, and then only with the written consent of the family. For any
family occupying a unit pursuant to this waiver, the waiver will be in
effect for the initial lease term.
M. 24 CFR 982.633(a) (Occupancy of home). This section establishes
the requirement that PHAs may make HAP for homeownership assistance
only while a family resides in their home and must stop HAP no later
than the month after a family moves out. HUD is willing to consider a
request from an MDD PHA wishing to waive this requirement to allow
families displaced from their homes located in areas affected by MDD(s)
4332, 4335, 4337, 4338, 4339 and/or 4340 to comply with mortgage terms
or make necessary repairs. A PHA requesting a waiver of this type must
show good cause by demonstrating that the family is not already
receiving assistance from another source. Note: An MDD PHA that wishes
in addition to request a waiver of the requirement at 982.312 that a
family be terminated from the program if they have been absent from
their home for 180 consecutive calendar days must do so separately.
N. 24 CFR 984.303(d) (Contract of participation; contract
extension). Part 984 establishes the requirements for the Section 8 and
Public Housing Family Self-Sufficiency (FSS) Program. Section
984.303(d) authorizes a PHA to extend a family's contract of
participation for a period not to exceed 2 years, upon a finding of
good cause, for any family that requests such an extension in writing.
HUD is willing to consider a request from an MDD PHA that wishes to
extend family contracts for up to 3 years, if such extensions are
merited based on circumstances deriving from MDD(s) 4332, 4335, 4337,
4338, 4339 and/or 4340. Any waiver granted pursuant to this request
will be in effect for requests made to the MDD PHA during a period not
to exceed 12 months from the date of HUD approval.
O. 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. For an MDD PHA that has a
fiscal year end of September 30, 2017, December 31, 2017, or March 31,
2018, HUD is willing to consider a request to carry forward the last
SEMAP score received by the PHA.
P. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)). PHAs are required to transmit form HUD-50058
not later than 30 calendar days following receipt of an applicant's or
participant's SSN documentation. HUD is willing to consider a request
to extend this requirement to 90 calendar days, for a
[[Page 46826]]
period not to exceed 12 months from the date of HUD approval.
R. Notice PIH 2012-7, Section 9 and 4. HUD will not process a SAC
application that is incomplete or deficient on a substantial item (e.g.
supporting information required under 24 CFR 970.7(a)(1)-(17)
(environmental review must still be performed)). HUD is willing to
consider a request to waive this for MDD PHAs in order to allow these
PHAs to apply for tenant protection vouchers (TPVs) after the
submission of a SAC application based on imminent health and safety
issues (in accordance with PIH Notice 2017-10).
S. 24 CFR 970.15(b)(1)(ii). For Section 18 demolition applications
(and disposition applications) justified by location obsolescence, in
addition to accepting an environmental review performed by HUD under 24
CFR part 50, for MDD PHAs, HUD is willing to accept an environmental
review performed under 24 CFR part 58 if HUD determines the part 58
review indicates the environmental conditions jeopardize the
suitability of the site or a portion of the site and its housing
structures for residential use.
T. 24 CFR 970.15(b)(2) and PIH 2012-7, Section 14. For Section 18
demolition applications (and disposition applications) justified by
obsolescence, HUD generally shall not consider a program of
modifications to be cost-effective if the costs of such program exceed
62.5 percent of total development cost (TDC) for elevator structures
and 57.14 percent of TDC for all other types of structures in effect at
the time the application is submitted to HUD. In addition, HUD requires
that PHAs support rehabilitation cost-estimate by a list of specific
and detailed work-items identified on form HUD-52860-B and other
criteria outlined in PIH Notice 2012-7, Section 14. HUD is willing to
consider requests to waive these requirements if MDD PHAs submit other
evidence (e.g. insurance adjuster reports, condemnation orders from
local municipalities, photographs) that support the MDD PHA's
certification that a program of modifications is not cost-effective.
U. Notice PIH 2012-7, Section 14. HUD approves Section 18
demolition applications (and disposition applications justified by
physical obsolescence HUD is willing to consider requests to waive
these criteria for MDD PHAs if they submit other evidence (e.g.
insurance adjuster reports, photographs) that support the MDD PHA's
certification that a program of modifications is not cost-effective.
V. Notice PIH 2017-10, Section 6(F)(2)(a). The maximum number of
TPVs available to PHAs for public housing removal actions is based on
the occupancy of the public housing units at the time the Section 18
demolition or disposition application is approved by HUD. If MDD PHAs
have vacated units based on imminent health and safety prior to the
submission of a TPV application, HUD is willing to consider making TPVs
available for units that were occupied immediately prior to the
disaster.
V. Notification and Expedited Waiver Process--Instructions
HUD has developed a checklist (Attachment A to this notice) that an
MDD PHA must complete and submit to take advantage of the provisions
identified in this notice and the expedited review of waiver requests.
Each provision on the checklist indicates the documentation that must
accompany the MDD PHA's submission. Each request for a waiver (Section
3 of the checklist) must include a good-cause justification stating why
the waiver is needed for the PHA's relief and recovery efforts.
To complete the checklist, take the following steps:
1. Download the checklist to your computer, saving the document
with the following filename: FR-5987-N-01. Your Agency's HA Code (e.g.,
FR-5987-N-01.MI001). HUD will consider other methods of submission as
needed.
2. Complete the section titled Information about Requesting Agency.
This section must be complete. An official of the MDD PHA must sign
where indicated. If the information about the requesting agency is
incomplete or the checklist has not been signed, then the checklist
will be returned without review.
3. Complete Sections 1, 2, and/or 3 of the checklist, as
applicable, noting the documentation (if any) that accompanies each
provision.
4. Address an email to both HUD HQ and your Field Office Public
Housing Director. In the subject line, type ``Hurricane Harvey/Irma
Disaster Relief.'' Email: PIH_Disaster_Relief@hud.gov.
5. Attach the completed checklist to your email.
6. Click ``Send.''
Checklists and any supporting documentation or information must be
submitted not later than January 4, 2018. Requests submitted after
January 4, 2018 will not be considered, nor will HUD consider any
waiver requests submitted to this email address that are unrelated to
relief and recovery efforts.
VI. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is
available for public inspection between 8 a.m. and 5 p.m. weekdays in
the Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, an advance appointment to review the docket file
must be scheduled by Calling the Regulations Division at 202-708-3055
(this is not a toll-free number). Hearing- or speech-impaired
individuals may access this number through TTY by calling the Federal
Relay Service at 800-877-8339 (this is a toll-free number).
Dated: October 3, 2017.
Dominique Blom,
General Deputy Assistant Secretary.
ATTACHMENT A
Relief from HUD Requirements Available to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families Affected
by Hurricanes Harvey, Irma and Hurricane Maria
Information about Requesting Agency
NAME OF PHA:
PHA CODE:
Address:
City or Locality:
Parish:
Date of Submission: [may not be after January 4, 2018]
Signature of PHA Official:---------------------------------------------
Name/Title of PHA Official:
Phone number of PHA Official:
Section 1. Insert an ``X'' next to the applicable category (A, B, C or
D).
__Category A: My agency is located in one of the counties that
received a Major Disaster Declaration on August 25, 2017 [MDD 4332].
Aransas, Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort
Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson,
Kleberg, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange,
Refugio, Sabine, San Jacinto, San Patricio, Victoria, Waller,
Wharton
__[Category B: Category B will include counties included in Major
Disaster Declaration for Hurricane Irma; MDD 4335, 4336, 4337,
4338]. St. John (Island) (County-equivalent), St. Thomas (Island)
(County-equivalent), Canovanas (Municipio), Culebra (Municipio),
Loiza (Municipio), Vieques (Municipio), Alachua, Baker, Bradford,
Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia,
DeSoto, Dixie, Duval, Flagler,
[[Page 46827]]
Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands,
Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Manatee,
Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange,
Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota,
Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union, Volusia,
Camden, Chatham, Glynn, Liberty and Mcintosh.
__[Category C: Category C will include counties included in Major
Disaster Declaration for Hurricane Maria; MDD 4339 and 4340]. St.
Croix (Island) (County-equivalent), Aguas Buenas, Aibonito, Arecibo,
Arroyo, Barceloneta, Barranquitas, Bayam[oacute]n, Caguas ,
Can[oacute]vanas, Carolina, Cata[ntilde]o, Cayey, Ceiba, Ciales,
Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida,
Guayama, Guaynabo, Gurabo, Humacao, Jayuya, Juana D[iacute]az,
Juncos, Las Piedras, Lo[iacute]za, Luquillo, Manati, Maunabo,
Morovis, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio Grande,
Salinas, San Juan, San Lorenzo, Santa Isabel, Toa Baja, Toa Alta,
Trujillo Alto, Utuado, Vega Alta, Vega Baja, Vieques, Villalba, and
Yabucoa.
__[Category D: Category D is for PHAs, Tribes and TDHEs located in
areas covered by MDDs issued during the remainder of 2017].
Section 2. Insert an ``X'' next to the applicable flexibilities.
An MDD PHA may adopt the flexibilities listed below.
__A. 42 U.S.C. 1437g(j)(1) and (j)(5)(A) (Extension of deadline for
obligation and expenditure of Capital Funds.). (Office of Capital
Improvements)
My agency requests that HUD extend the deadline for the obligation
and expenditure of Capital Funds for an additional 12 months. We
will maintain documentation substantiating the need for this
extension.
__B. 24 CFR 984.105 (Family Self-Sufficiency minimum program size).
(Housing Voucher Management and Operations; Public Housing
Management and Occupancy)
My agency submits the certification required by 24 CFR 984.103 and
will operate an FSS program that is smaller than the required
program size for up to 24 months from October 6, 2017.
__C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). (REAC--Public Housing Financial Management Division)
My agency requests HUD approval to treat certain public housing
units in our inventory as approved vacancies. I have attached a
project-by-project listing of the units for which this approval is
requested. I understand that any units that remain vacant shall be
considered approved vacancies only for a period not to exceed 12
months from the date of HUD approval.
Section 3. Insert an ``X'' next to the applicable waiver requests.
An MDD PHA may request a waiver of a HUD requirement listed below or
of any other HUD requirement and receive expedited review of the
request, if the MDD PHA demonstrates that the waiver is needed for
relief and recovery purposes. Each request must include a good-cause
justification for the waiver, documenting why the waiver is needed
for such purposes. No requested waiver may be implemented unless and
until written approval from HUD has been obtained.
__A. 24 CFR 5.512(d) (Verification of eligible immigration status;
Secondary verification). (Housing Voucher Management and Operations;
Public Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 5.512(d) to extend the
timeframe for secondary verification requests to Immigration and
Customs Enforcement from 30 to 90 days. I understand that, if
approved, this waiver will be in effect for a period not to exceed
12 months from the date of HUD approval.
__B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
(REAC)
My agency requests a waiver of 24 CFR 5.801(c) to extend the
deadline for reporting of unaudited financial information to 180
days and of 24 CFR 5.801(d)(1) to extend the reporting deadline for
audited financial information to 13 months.
For requests to waiver the deadline to report audited financial
information, my agency has a fiscal year end of 12/31/16 or 3/31/17.
For requests to waiver the deadlines to report both unaudited
financial information and audited financial information, my agency
has a fiscal year end of 6/30/17, 9/30/17 or 12/31/17.
__C. 24 CFR 902 (Public Housing Assessment System). (REAC)
My agency requests a waiver of the inspection and scoring of public
housing projects, as required under 24 CFR 902. My agency has a
fiscal year end of 6/30/17, 9/30/17, 12/31/17, 3/31/18, or 6/30/18.
__D. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital
Improvements)
My agency requests a waiver of 24 CFR 905.322(b) to extend the
deadline for submission of the Actual Development Cost Certificate
and the Actual Modernization Cost Certificate by 12 months.
__E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). (Office of Capital Improvements)
My agency requests a waiver of 24 CFR 905.314(b)-(c), which
establish the calculation of maximum project cost and total
development cost limits for the Capital Fund program. I understand
that this waiver is in effect only until 2018 TDC limits have been
published.
__F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor)
(Office of Capital Improvements)
My agency requests a waiver of 24 CFR 904.314(j) to allow for the
use of force account labor for modernization activities even if this
activity has not been included in our agency's 5-Year Action Plan. I
understand that this waiver will be in effect for a period not to
exceed 12 months from the date of HUD approval.
__G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development) (Office of Capital
Improvements)
My agency requests a waiver of 24 CFR 905.400(i)(5) to allow for
the use of Capital Fund Replacement Housing Factor grants with
undisbursed balances for public housing modernization. I understand
that this waiver will be in effect only for funds obligated within
12 months from the date of HUD approval.
__H. 24 CFR 960.202(c) (Tenant selection policies) and 24 CFR
982.54(a) (Administrative plan). (Housing Voucher Management and
Operations; Public Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 960.202(c)(1) and/or 24 CFR
982.54(a) so that our public housing tenant selection policies and
section 8 administrative plan may be revised on a temporary basis,
without formal approval, to address circumstances unique to relief
and recovery efforts. I have attached documentation that our Board
of Commissioners or an authorized PHA official supports the waiver
request. I have also attached documentation identifying the
temporary revisions. The adoption of these revisions does not
constitute a significant amendment to our PHA plan, nor does state
law prevent us from adopting the revisions without formal approval.
I understand that these revisions will be in effect for a period not
to exceed 12 months from the date of HUD's approval.
__I. 24 CFR 965.302 (Requirements for energy audits). (Public
Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 965.302 to provide us with an
additional 12 months after December 31, 2017, to complete our
audits.
__J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.206(a)(2) so that we can
provide public notice of the opening of our waiting list via our Web
site, at any of our offices, and/or in a voice-mail message in lieu
of providing notice in a local newspaper of general circulation. I
understand that this waiver is in effect for a period not to exceed
12 months from the date of HUD approval.
__K. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). (Housing Voucher Management and Operations)
My agency requests to establish an exception payment standard
amount that is higher than 110 percent of the published fair market
rent (FMR). I have attached our proposed emergency exception payment
standard schedule, which shows both the dollar amounts requested and
those amounts as a
[[Page 46828]]
percentage of the FMRs in effect at the time of the request. I
understand that any approved exception payment standard will remain
in effect until HUD revises the FMRs for the area. I also understand
that increased per-family costs resulting from the use of such
exception payment standard may result in a reduction in the number
of families assisted or may require my agency to adopt other cost-
saving measures.
__L. 24 CFR 982.401(d) (Housing quality standards; Space and
security). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.401(d) so that we may
allow families to occupy units that are smaller than our occupancy
standards would otherwise dictate. I understand that this waiver is
in effect only for HAPs entered into during the 12-month period
following the date of HUD approval, and then only with the written
consent of the family.
__M. 24 CFR 982.633(a) (Occupancy of home). (Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR 982.633(a) so that we may
continue HAP for homeownership for families displaced from their
homes if needed to comply with mortgage terms or make necessary
repairs. We have determined that the family is not receiving
assistance from another source. I understand that such payments must
cease if the family remains absent from their home for more than 180
consecutive calendar days.
__N. 24 CFR 984.303(d) (Contract of participation; contract
extension). (Public Housing Management and Occupancy; Housing
Voucher Management and Operations)
My agency requests a waiver of 24 CFR 984.303(d) so that a family's
contract of participation may be extended for up to 3 years. I
understand that such extensions may be made only during the 12-month
period following the date of HUD approval.
__O. 24 CFR 985.101(a) (Section 8 Management Assessment Program
(SEMAP)). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 985.101(a) so that our SEMAP
score from the previous year may be carried over. My agency has a
fiscal year end of 9/30/17, 12/31/17, or 3/31/18.
__P. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)) (REAC)
My agency requests a waiver of section 8(c) of Notice PIH 2012-10
to allow for the submission of Form HUD-50058 90 calendars days from
receipt of an applicant's or participant's SSN documentation. I
understand that this waiver will be in effect for a period not to
exceed 12 months from the date of HUD approval.
__Q. Waivers not identified in FR-6050-N-01.
My agency seeks waivers of the HUD requirements listed below. I
have included documentation justifying the need for the waivers.
------------------------------------------------------------------------
Regulation Description
------------------------------------------------------------------------
Example: 24 CFR 982.54.................... Example: A waiver of this
regulation will facilitate
our agency's capacity to
participate in relief and
recovery efforts by . . .
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[FR Doc. 2017-21600 Filed 10-5-17; 8:45 am]
BILLING CODE 4210-67-P