Relief From HUD Requirements Available During Calendar Year (CY) 2018 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially-Declared Major Disasters, 46180-46188 [2018-19708]
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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Willie G. Nunn, of
FEMA is appointed to act as the Federal
Coordinating Officer for this emergency.
This action terminates the
appointment of William Roche as
Federal Coordinating Officer for this
emergency.
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.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–19779 Filed 9–11–18; 8:45 am]
BILLING CODE 9111–11–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6050–N–02]
Relief From HUD Requirements
Available During Calendar Year (CY)
2018 to Public Housing Agencies To
Assist With Recovery and Relief
Efforts on Behalf of Families Affected
by Presidentially-Declared Major
Disasters
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
This Notice advises the public
that HUD, in order to more effectively
and expeditiously respond to
Presidentially-declared Major Disaster
Declarations (MDD), is establishing for
CY 2018 an expedited process for the
review of requests for relief from HUD
regulatory and/or administrative
requirements (‘‘HUD requirements’’) for
public housing agencies (PHAs) that are
located in counties that are included in
MDDs. PHAs located in areas covered
by MDDs issued for which a related
disaster occurs during 2018 may request
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SUMMARY:
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waivers of HUD requirements and
receive expedited review of such
requests utilizing the flexibilities and
expedited waiver process set out by this
Notice.
DATES: Applicable: September 12, 2018.
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
On several occasions in recent years,
after Presidential disaster declarations,
HUD has published notices to announce
waivers and flexibilities available to
PHAs, Tribes, and Tribally Designated
Housing Entities located in areas
covered by MDDs.1 In the interest of
expediting HUD’s ability to provide
administrative relief to PHAs in MDD
declaration areas, based on HUD’s past
experience, HUD is publishing this
Notice on waivers and flexibilities that
will be made available to PHAs on an
expedited basis following MDDs. The
Notice is organized as follows:
• Section II describes the flexibilities
that are currently available to MDD
PHAs under statutes and/or regulations.
MDD PHAs may avail themselves of
these flexibilities, following the process
described in Section IV of the Notice.
• Section III describes certain HUD
requirements that, if waived, may
facilitate an MDD PHA’s ability to
participate in relief and recovery efforts.
1 See, Regulatory and Administrative Waivers
Granted for Public and Indian Housing Programs to
Assist with Recovery and Relief in Hurricane
Katrina Disaster Areas, 70 FR 57716 (October 3,
2005); Regulatory and Administrative Waivers
Granted for Public and Indian Housing Programs to
Assist with Recovery and Relief in Hurricane Rita
Disaster Areas; and Additional Administrative
Relief for Hurricane Katrina, 70 FR 66222
(November 1, 2005); Extension of Regulatory and
Administrative Waivers Granted for Public and
Indian Housing Programs to Assist With Recovery
and Relief in Hurricanes Katrina, Rita, and Wilma
Disaster Areas, 71 FR 78022 (December 27, 2006);
Regulatory and Administrative Waivers Granted for
Public and Indian Housing Programs to Assist with
Recovery and Relief in Hurricane Wilma Disaster
Areas, 71 FR 12988 (March 13, 2006); Regulatory
and Administrative Waivers Granted for Public and
Indian Housing Programs to Assist with Recovery
and Relief in Superstorm Sandy Disaster Areas, 77
FR 71439 (November 30, 2012); and 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, 82
FR 46821 (October 6, 2017).
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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 to assist in its
relief and recovery efforts. An MDD
PHA may not adopt any requested
waiver prior to receiving HUD approval.
• Section V 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. The process that HUD
will use in assessing applications for
waivers and flexibilities is covered
below:
This Notice applies only during CY
2018.
II. Flexibilities That Are Available to
MDD PHAs During CY 2018
HUD is exercising discretionary
authority consistent with 24 CFR 5.110
to provide relief from the requirements
described in this section. Upon
notification to HUD and appropriate
documentation of good cause, or upon
HUD approval, as noted below, relief
will be 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.
Unless otherwise stated, the deadline
for requesting waivers is 4 months after
the initial MDD.
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
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determines necessary if the Secretary
determines that the failure of the PHA
to obligate assistance in a timely manner
is attributable to an event beyond the
control of the PHA. The authority for
extension of the section 9(j) obligation
and extension deadlines for an event
beyond the control of the PHA made in
this Notice is also found in the
implementing regulation at 24 CFR
905.306 (d)(5).
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,
based on its past experience with MDDs,
that a major disaster may hinder a
PHA’s ability to operate a program that
meets minimum program size
requirements. As a result, upon the
submission to HUD of a certification (as
defined in 24 CFR 984.103) that the
MDD PHA is unable to operate a
program that meets minimum program
size requirements due to the major
disaster, 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
a Presidentially-declared disaster, 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.
III. 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
waivers, requests for which HUD
anticipates receiving. 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
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determines that providing written
documentation is impracticable.
PHAs must note that commonly
sought waivers such as waiving
inspection or income verification
requirements entirely cannot be granted.
PHAs should go through the hierarchy
of verifying income as found in PIH
2017–12 if sources of income are
difficult to find. Similarly, while the
requirement for HQS inspections cannot
be waived, HUD can consider variations
to the acceptability criteria to HQS in
case of disaster (under the authority of
982.401(a)(4)).
HUD expects that any waiver granted
pursuant to this Notice will benefit
families affected by disasters by, for
example, 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 recovery
efforts must submit a waiver request
pursuant to the process that will be
provided in a further 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 4
months following the date of the
relevant disaster declaration.
A. 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.
For MDD PHAs with a deadline to
submit only audited financial
information in accordance with 24 CFR
5.801(b) and (d) within 6 months after
the date of the disaster related to the
MDD, HUD is willing to consider a
request to waive the due date. For MDD
PHAs with a deadline to submit
unaudited financial information in
accordance with 24 CFR 5.801(b) and
(d) within 4 months before and up to 6
months after the date of the disaster
related to the MDD, HUD is willing to
consider a request to waiver the due
date. For these PHAs, HUD also is
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willing to consider a request to waive
the due date of the audited financial
information. For situations beyond a
PHA’s control, HUD is willing to
consider requests from the MDD PHAs
with financial submission due dates that
fall outside these dates.
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.
B. 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 MDD PHAs with FYE dates
within 4 months before and up to 10
months after the date of the disaster
related to the MDD, HUD is willing to
consider a request to waive the physical
inspection and scoring of public
housing projects, as required under 24
CFR 902. For situations beyond the
PHA’s control, HUD is willing to
consider requests from MDD PHAs with
a FYE date that falls outside these dates.
C. 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 may extend
these deadlines by 12 months.
D. 24 CFR 905.314(b)–(c) (Cost and
other limitations; Maximum project
cost; Total Development Cost (TDC)
limit). 42 U.S.C. 1437d(b) requires HUD
to calculate total development costs,
which may not be exceeded ‘‘unless the
Secretary provides otherwise, and in
any case may not exceed 110 per
centum of such amount unless the
Secretary for good cause determines
otherwise.’’ Section 905.314(b)–(c)
establishes the calculation of maximum
project cost and the calculation of total
development cost. To facilitate the use
of Capital Funds for repairs and
construction for needed housing in the
disaster areas, HUD is willing to
consider waiving the TDC and housing
cost cap limits for all work funded by
the Capital Grant (Capital Grant Funds
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with undisbursed balances and HOPE
VI funds) until the next issuance of 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.
E. 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 may 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. Should HUD waive this
requirement, the waiver will be in effect
for a period not to exceed 12 months
from the date of HUD approval.
F. 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
because of the displacement caused by
a disaster, HUD is willing to consider
waiving 905.400(i)(5) to allow all
Capital Fund Replacement Housing
Factor Grants with undisbursed
balances to be used for public housing
modernization. Should HUD waive this
requirement, the waiver will be in effect
for funds obligated within 12 months
from the date of HUD approval.
G. 24 CFR 960.202(c)(1) (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
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
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effective for a period not to exceed 12
months from the date of HUD’s
approval. Additionally, any waiver
request would be limited to revisions
that do not constitute a significant
amendment or modification to the PHA
plan; pursuant to Section 5A(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.
H. 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 Website, 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 comply
with applicable fair housing and other
civil rights requirements when they
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’s fair housing
requirements.
I. 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
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disaster to arrive at an emergency
exception payment standard amount. In
the event of a disaster, HUD will
consider, based on this data, whether
exception payment standard amounts
up to 150 percent of the FMR have a
good cause justification even in the
absence of supporting data. If so, an
MDD PHA may request this payment
standard. Upon approval by HUD, an
exception payment standard adopted
pursuant to this Notice may be adopted
for any Housing Assistance Payments
(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.
J. 24 CFR 982.401(d) (Housing quality
standards; Space and security). This
section establishes a standard for
adequate space for an Housing Choice
Voucher-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. Should the
waiver be granted, it 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.
K. 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) 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
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consecutive calendar days must do so
separately.
L. 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
MDDs. 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.
M. 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 SEMAP
score due during CY 2018, HUD is
willing to consider a request to carry
forward the last SEMAP score received
by the PHA.
N. 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
period not to exceed 12 months from the
date of HUD approval.
O. Notice PIH 2012–7, Section 9 and
4. HUD will not process a Special
Application Center (SAC) application
that is incomplete or deficient on a
substantial item (e.g., supporting
information required under 24 CFR
sections 970.7(a)(1)–(17) (environmental
review must still be performed)). HUD
is willing to consider a request to waive
this for MDD PHAs 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 2018–09).
P. 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
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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.
Q. 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 programs
exceed 62.5 percent of 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, and photographs) that
support the MDD PHA’s certification
that a program of modifications is not
cost-effective.
R. 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.
IV. Notification and Expedited Waiver
Process During CY 2018—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–6050–N–02.
Your Agency’s HA Code (e.g., FR–050–
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N02.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
PIHDisasterRelief@hud.gov and your
Field Office Public Housing Director. In
the subject line, type ‘‘PHA Name—PHA
Code—MDD Disaster Relief—Month and
Year’’.
5. Attach the completed checklist,
letter of justification, and supporting
documentation as applicable to your
email.
6. Click ‘‘Send.’’
Checklists and any supporting
documentation or information must be
submitted not later than 4 months
following the MDD. Requests submitted
after that time period will not be
considered except in special cases
outside of the agency’s control.
V. 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: September 5, 2018.
Danielle Bastarache,
Deputy Assistant Secretary.
BILLING CODE 4210–67–P
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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
ATTACHMENT A
Relief from HUD Requirements
Available to Public Housing Agencies During CY 2018 to Assist with
Recovery and Relief Efforts on Behalf of Families
Affected by Disasters
Information· about Requesting Agency
NAMEOFPHA:
PHACODE:
Address:
City or Locality: (must be covered under PDD)
Parish:
Date of Submission:
Signature ofPHA Official:--~--.,----------,--~------------Name/Title of PHA Offi.cial:
Phone number of PHA Official:
Section 1. List the Presidentially Declared Disaster(s) your agency is under:
Section 2. Insert an "X" next to the applicable flexibilities.
An MDD PHA may adopt the flexibilities listed below.
A. 42 U.S.C. 1437gG)(1) and G)(2)(A) (Extension of deadline for obligation 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 needfor this extension.
B. 24 CFR 984.105 (Family Self-Sufficiency minimum program size). (Housing
Voucher Management and Operations; Public Housing Management and Occupancy)
C. 24 CFR 990.145(b) (Public housing dwelling units with approved vacancies).
(REAC- Public Housing Financial Management Division)
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My agency submits the certification required by 24 CFR 984.1 05(d) and will operate an
FSS program that is smaller than the required program size for up to 24 months from
[insert effective date of notice}.
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
46185
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 I2 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 5.801(c) and 5.801(d)(l) (Uniform financial reporting standards; Filing of
financial reports; Reporting compliance dates). (REAC)
My agency requests a waiver of 2 4 CFR 5. 80 I (c) to extend the deadline for reporting of
unauditedfinancial information to I80 days and of 2 4 CFR 5. 80 I (d) (I) to extend the
reporting deadline for auditedfinancial information to I3 months.
For requests to waiver the deadlines to report both unauditedfinancial information and
audited financial information.
B. 24 CFR 902 (Public Housing Assessment System). (REAC)
My agency requests a waiver of the inspection and scoring ofpublic housing projects, as
required under 24 CFR 902.
C. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital Improvements)
My agency requests a waiver of24 CFR 905.322(b) to extend the deadline for submission
of the Actual Development Cost Certificate and the Actual Modernization Cost Certificate
by I2 months.
D. 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 905.3I4(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 until20I8 TDC limits have been published
My agency requests a waiver of24 CFR 904.3I4(j) to allow for the use afforce account
labor for modernization activities even if this activity has not been included in our
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E. 24 CFR 905.3140) (Cost and other limitations; Types of labor) (Office of Capital
Improvements)
46186
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
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 ofHUD approval.
F. 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 of24 CFR 905.400(i)(5) to allow for the use of Capital Fund
Replacement Housing Factor grants with undisbursed balances for public housing
modernization. 1 understand that this waiver will be in effect only for funds obligated
within 12 months from the date of HUD approval.
G. 24 CFR 960.202(c)(l) (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)(J) 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 P HA 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 FHA 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 ofHUD 's
approval.
H. 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 ofproviding notice in a local newspaper ofgeneral circulation.
I understand that my agency must comply with the requirements at 24 CFR 982.206(a)(2)
to provide public notice in minority media and ensure that the notice complies with HUD
fair housing requirements. I understand that this waiver is in effect for a period not to
exceed 12 months from the date of HUD approval.
My agency requests to establish an exception payment standard amount that is higher than
110 percent of the publishedfair 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 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 offamilies assisted or may require my agency to adopt other cost-saving
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I. 24 CFR 982.503(c) (HUD approval of exception payment standard amount).
(Housing Voucher Management and Operations)
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
46187
measures.
J. 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
periodfollowing the date ofHUD approval, and then only with the written consent of the
family.
K. 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.
L. 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 of24 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 periodfollowing the date ofHUD approval.
M. 24 CFR 985.101(a) (Section 8 Management Assessment Program (SEMAP)).
(Housing Voucher Management and Operations)
My agency requests a waiver of 2 4 CFR 985.10 I (a) so that our SEMAP score from the
previous year may be carried over. My agency has a fiscal year end of9/30/17, 12/31/17,
or 3/31/18.
N. Notice PIH 2012-10, Section S(c) (Verification of the Social Security Number
(SSN)) (REAC)
My agency requests a waiver of section 8(c) ofNotice PIH 2012-10 to allow for the
submission ofForm 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.
0. Waivers not identified in FR-6050-N-02.
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My agency seeks waivers of the HUD requirements listed below. I have included
documentation justifYing the needfor the waivers.
46188
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BILLING CODE 4210–67–C
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORB00000.L10200000.BS0000.LXSSH1
060000.18X.HAG 18–0149]
Notice of Public Meetings for the
Southeast Oregon Resource Advisory
Council
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM), Southeast
Oregon Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The Southeast Oregon RAC will
meet Thursday, October 11, and Friday,
October 12, 2018 from 8 a.m. to 5 p.m.
Pacific Daylight Time each day. A halfhour comment period, during which the
public may address the RAC, will begin
at 4 p.m. Friday, October 12. The final
agenda will be posted online at https://
www.blm.gov/get-involved/resourceadvisory-council/near-you/oregonwashington/southeast-oregon-rac at
least one week prior to the meeting.
ADDRESSES: This meeting will be held at
the Harney County Chamber of
Commerce, 484 N Broadway, Burns, OR
97720.
FOR FURTHER INFORMATION CONTACT:
Larisa Bogardus, Public Affairs Officer,
1301 S G Street, Lakeview, Oregon
97630; (541) 947–6811; lbogardus@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
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SUMMARY:
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Service (FRS) at 1(800) 877–8339 to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The
meeting Thursday, October 11, will
consist of working sessions that pertain
to the Lakeview Resource Management
Plan Amendment (RMP–A) and the
Southeast Oregon (Vale) RMP–A. The
meeting Friday, October 12, will include
discussions about potential management
approaches for the draft alternatives for
the Lakeview District’s RMP–A;
development of interstate fuel breaks to
protect against wildfire; a discussion of
potential comments to submit regarding
the draft alternatives proposed for the
Southeast Oregon RMP–A; a report on
the 2018 Fire Season; a presentation by
the State of Oregon Department of Fish
and Wildlife regarding their wolf
management plan and how it applies to
Federal lands; and any other business
that may reasonably come before the
RAC.
The 15-member Southeast Oregon
RAC was chartered and appointed by
the Secretary of the Interior. Their
diverse perspectives are represented in
commodity, conservation, and general
interests. They provide advice to the
BLM and US Forest Service resource
managers regarding management plans
and proposed resource actions on public
land in southeast Oregon. All meetings
are open to the public in their entirety.
Information to be distributed to the RAC
is requested prior to the start of each
meeting.
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please be aware that your
entire comment—including your
personal identifying information—may
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be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee we will be able to do
so.
Authority: 43 CFR 1784.4–2.
Jeff Krauss,
Acting Assistant Director, Communications.
[FR Doc. 2018–19839 Filed 9–11–18; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAK940000.L14100000.BX0000.18X.
LXSS001L0100]
Filing of Plats of Survey: Alaska
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey of lands
described in this notice are scheduled to
be officially filed in the Bureau of Land
Management (BLM), Alaska State Office,
Anchorage, Alaska. The surveys, which
were executed at the request of the U.S.
Fish and Wildlife Service and the BLM,
are necessary for the management of
these lands.
DATES: The BLM must receive protests
by October 12, 2018.
ADDRESSES: You may obtain a copy of
the plats from the Alaska Public
Information Center at the BLM Alaska
State Office, 222 W. 7th Avenue,
Anchorage, AK 99513, upon required
payment. You may view the plats at this
location at no cost. Please use this
address when filing written protests.
FOR FURTHER INFORMATION CONTACT:
Douglas N. Haywood, Chief, Branch of
Cadastral Survey, Alaska State Office,
Bureau of Land Management, 222 W 7th
SUMMARY:
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[FR Doc. 2018–19708 Filed 9–11–18; 8:45 am]
]]>Agencies
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46180-46188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19708]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6050-N-02]
Relief From HUD Requirements Available During Calendar Year (CY)
2018 to Public Housing Agencies To Assist With Recovery and Relief
Efforts on Behalf of Families Affected by Presidentially-Declared Major
Disasters
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice advises the public that HUD, in order to more
effectively and expeditiously respond to Presidentially-declared Major
Disaster Declarations (MDD), is establishing for CY 2018 an expedited
process for the review of requests for relief from HUD regulatory and/
or administrative requirements (``HUD requirements'') for public
housing agencies (PHAs) that are located in counties that are included
in MDDs. PHAs located in areas covered by MDDs issued for which a
related disaster occurs during 2018 may request waivers of HUD
requirements and receive expedited review of such requests utilizing
the flexibilities and expedited waiver process set out by this Notice.
DATES: Applicable: September 12, 2018.
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
On several occasions in recent years, after Presidential disaster
declarations, HUD has published notices to announce waivers and
flexibilities available to PHAs, Tribes, and Tribally Designated
Housing Entities located in areas covered by MDDs.\1\ In the interest
of expediting HUD's ability to provide administrative relief to PHAs in
MDD declaration areas, based on HUD's past experience, HUD is
publishing this Notice on waivers and flexibilities that will be made
available to PHAs on an expedited basis following MDDs. The Notice is
organized as follows:
---------------------------------------------------------------------------
\1\ See, Regulatory and Administrative Waivers Granted for
Public and Indian Housing Programs to Assist with Recovery and
Relief in Hurricane Katrina Disaster Areas, 70 FR 57716 (October 3,
2005); Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs to Assist with Recovery and Relief in
Hurricane Rita Disaster Areas; and Additional Administrative Relief
for Hurricane Katrina, 70 FR 66222 (November 1, 2005); Extension of
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs to Assist With Recovery and Relief in Hurricanes
Katrina, Rita, and Wilma Disaster Areas, 71 FR 78022 (December 27,
2006); Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs to Assist with Recovery and Relief in
Hurricane Wilma Disaster Areas, 71 FR 12988 (March 13, 2006);
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs to Assist with Recovery and Relief in Superstorm
Sandy Disaster Areas, 77 FR 71439 (November 30, 2012); and 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, 82 FR 46821 (October 6, 2017).
---------------------------------------------------------------------------
Section II describes the flexibilities that are currently
available to MDD PHAs under statutes and/or regulations. MDD PHAs may
avail themselves of these flexibilities, following the process
described in Section IV of the Notice.
Section III 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 to
assist in its relief and recovery efforts. An MDD PHA may not adopt any
requested waiver prior to receiving HUD approval.
Section V 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. The process that HUD will use in assessing
applications for waivers and flexibilities is covered below:
This Notice applies only during CY 2018.
II. Flexibilities That Are Available to MDD PHAs During CY 2018
HUD is exercising discretionary authority consistent with 24 CFR
5.110 to provide relief from the requirements described in this
section. Upon notification to HUD and appropriate documentation of good
cause, or upon HUD approval, as noted below, relief will be 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. Unless otherwise stated, the deadline for
requesting waivers is 4 months after the initial MDD.
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
[[Page 46181]]
determines necessary if the Secretary determines that the failure of
the PHA to obligate assistance in a timely manner is attributable to an
event beyond the control of the PHA. The authority for extension of the
section 9(j) obligation and extension deadlines for an event beyond the
control of the PHA made in this Notice is also found in the
implementing regulation at 24 CFR 905.306 (d)(5).
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, based on its past experience
with MDDs, that a major disaster may hinder a PHA's ability to operate
a program that meets minimum program size requirements. As a result,
upon the submission to HUD of a certification (as defined in 24 CFR
984.103) that the MDD PHA is unable to operate a program that meets
minimum program size requirements due to the major disaster, 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 a Presidentially-declared disaster, 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.
III. 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
waivers, requests for which HUD anticipates receiving. 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.
PHAs must note that commonly sought waivers such as waiving
inspection or income verification requirements entirely cannot be
granted. PHAs should go through the hierarchy of verifying income as
found in PIH 2017-12 if sources of income are difficult to find.
Similarly, while the requirement for HQS inspections cannot be waived,
HUD can consider variations to the acceptability criteria to HQS in
case of disaster (under the authority of 982.401(a)(4)).
HUD expects that any waiver granted pursuant to this Notice will
benefit families affected by disasters by, for example, 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 recovery efforts must submit a waiver request pursuant to the
process that will be provided in a further 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 4 months following the date
of the relevant disaster declaration.
A. 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.
For MDD PHAs with a deadline to submit only audited financial
information in accordance with 24 CFR 5.801(b) and (d) within 6 months
after the date of the disaster related to the MDD, HUD is willing to
consider a request to waive the due date. For MDD PHAs with a deadline
to submit unaudited financial information in accordance with 24 CFR
5.801(b) and (d) within 4 months before and up to 6 months after the
date of the disaster related to the MDD, HUD is willing to consider a
request to waiver the due date. For these PHAs, HUD also is willing to
consider a request to waive the due date of the audited financial
information. For situations beyond a PHA's control, HUD is willing to
consider requests from the MDD PHAs with financial submission due dates
that fall outside these dates.
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.
B. 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 MDD PHAs with FYE dates within 4 months before and up to 10
months after the date of the disaster related to the MDD, HUD is
willing to consider a request to waive the physical inspection and
scoring of public housing projects, as required under 24 CFR 902. For
situations beyond the PHA's control, HUD is willing to consider
requests from MDD PHAs with a FYE date that falls outside these dates.
C. 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 may extend these deadlines
by 12 months.
D. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; Total Development Cost (TDC) limit). 42 U.S.C. 1437d(b)
requires HUD to calculate total development costs, which may not be
exceeded ``unless the Secretary provides otherwise, and in any case may
not exceed 110 per centum of such amount unless the Secretary for good
cause determines otherwise.'' Section 905.314(b)-(c) establishes the
calculation of maximum project cost and the calculation of total
development cost. To facilitate the use of Capital Funds for repairs
and construction for needed housing in the disaster areas, HUD is
willing to consider waiving the TDC and housing cost cap limits for all
work funded by the Capital Grant (Capital Grant Funds
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with undisbursed balances and HOPE VI funds) until the next issuance of
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.
E. 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 may 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. Should HUD waive this
requirement, the waiver will be in effect for a period not to exceed 12
months from the date of HUD approval.
F. 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 because of the displacement
caused by a disaster, HUD is willing to consider waiving 905.400(i)(5)
to allow all Capital Fund Replacement Housing Factor Grants with
undisbursed balances to be used for public housing modernization.
Should HUD waive this requirement, the waiver will be in effect for
funds obligated within 12 months from the date of HUD approval.
G. 24 CFR 960.202(c)(1) (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 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 would be limited to
revisions that do not constitute a significant amendment or
modification to the PHA plan; pursuant to Section 5A(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.
H. 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 Website, 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 comply with
applicable fair housing and other civil rights requirements when they
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's fair housing
requirements.
I. 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. In the event of a disaster, HUD will
consider, based on this data, whether exception payment standard
amounts up to 150 percent of the FMR have a good cause justification
even in the absence of supporting data. If so, an MDD PHA may request
this payment standard. Upon approval by HUD, an exception payment
standard adopted pursuant to this Notice may be adopted for any Housing
Assistance Payments (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.
J. 24 CFR 982.401(d) (Housing quality standards; Space and
security). This section establishes a standard for adequate space for
an Housing Choice Voucher-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. Should the waiver be granted, it
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.
K. 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)
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 Sec. 982.312 that a family be terminated from the
program if they have been absent from their home for 180
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consecutive calendar days must do so separately.
L. 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 MDDs. 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.
M. 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 SEMAP
score due during CY 2018, HUD is willing to consider a request to carry
forward the last SEMAP score received by the PHA.
N. 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 period not to
exceed 12 months from the date of HUD approval.
O. Notice PIH 2012-7, Section 9 and 4. HUD will not process a
Special Application Center (SAC) application that is incomplete or
deficient on a substantial item (e.g., supporting information required
under 24 CFR sections 970.7(a)(1)-(17) (environmental review must still
be performed)). HUD is willing to consider a request to waive this for
MDD PHAs 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 2018-09).
P. 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.
Q. 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 programs exceed
62.5 percent of 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, and
photographs) that support the MDD PHA's certification that a program of
modifications is not cost-effective.
R. 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.
IV. Notification and Expedited Waiver Process During CY 2018--
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-6050-N-02. Your Agency's HA Code (e.g.,
FR-050-N02.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 [email protected] and your
Field Office Public Housing Director. In the subject line, type ``PHA
Name--PHA Code--MDD Disaster Relief--Month and Year''.
5. Attach the completed checklist, letter of justification, and
supporting documentation as applicable to your email.
6. Click ``Send.''
Checklists and any supporting documentation or information must be
submitted not later than 4 months following the MDD. Requests submitted
after that time period will not be considered except in special cases
outside of the agency's control.
V. 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: September 5, 2018.
Danielle Bastarache,
Deputy Assistant Secretary.
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[FR Doc. 2018-19708 Filed 9-11-18; 8:45 am]
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