Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2020, 17624-17633 [2021-06920]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17624-17633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06920]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6210-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2020

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2020 and ending on September 30, 2020, 
including those made pursuant to the CARES Act.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 10282, Washington, DC 20410-
0500, telephone 202-708-5300 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the third quarter of calendar year 2020.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2020 through September 30, 2020. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Housing, 
and the Office of Public and Indian Housing, etc.). Within each program 
office grouping, the waivers are listed sequentially by the regulatory 
section of title 24 of the Code of Federal Regulations (CFR) that is 
being waived. For example, a waiver of a provision in 24 CFR part 58 
would be listed before a waiver of a provision in 24 CFR part 570.

[[Page 17625]]

    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Additionally, this notice includes waivers made pursuant to the 
Coronavirus Aid, Relief and Economic Security Act (CARES Act), not 
previously published in the Federal Register. These waivers are listed 
separately from other individual waivers within each program office 
grouping, as CARES Act waivers broadly covered all affected parties 
rather than individual, case-by-case situations. The lists include all 
Memoranda and Notices issued regarding broad CARES Act waivers provided 
by HUD since the enactment of the Act on March 27, 2020. In addition, 
the lists provide a short, two- or three-line description of each memo 
or notice, identifying the specific CARES Act authority and purpose of 
the waivers addressed therein.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the third quarter of calendar 
year 2020) before the next report is published (the fourth quarter of 
calendar year 2020), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

Damon Y. Smith,
Principal Deputy General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2020 Through 
September 30, 2020

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the contact 
person directly after each set of regulatory waivers granted.
    The regulatory waivers granted appear in the following order:

I. Regulatory waivers granted by the Office of Community Planning and 
Development.
II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The City of Los Angeles, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance 
established by local public housing agency (PHA) for a HOME-assisted 
project--King 1101 Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and update 
the allowances annually. However, participating jurisdictions are not 
permitted to use the utility allowance established by the local public 
housing authority for HOME-assisted rental projects for which HOME 
funds were committed on or after August 23, 2013.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 20, 2020.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. It 
is not possible to use two different utility allowances to set the rent 
for a single unit and it is administratively burdensome to require a 
project owner establish and implement different utility allowances for 
HOME-assisted units and non-HOME assisted units in a project.
    Contact: Virginia Sardone, Director, Office of Affordable Housing 
Programs, Office of Community Planning and Development. Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7160, 
Washington, DC 20410, telephone (202) 402-4606.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The City of Oxnard, California, and the County of 
San Luis Obispo, California, requested a waiver of 24 CFR 92.252(d)(1) 
to allow use of the utility allowance established by the local public 
housing agency (PHA) for three HOME-assisted projects--Ormond Beach 
Villas, Bishop Street Studios, and Rolling Hills Apartment II.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and update 
the allowances annually. However, participating jurisdictions are not 
permitted to use the utility allowance established by the local public 
housing authority for HOME-assisted rental projects for which HOME 
funds were committed on or after August 23, 2013.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 20, 2020.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. It 
is not possible to use two different utility allowances to set the rent 
for a single unit and it is administratively burdensome to require a 
project owner establish and implement different utility allowances for 
HOME-assisted units and non-HOME assisted units in a project.
    Contact: Virginia Sardone, Director, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7160, 
Washington, DC 20410, telephone (202) 402-4606.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirement.
    Project/Activity: Contra Costa County, San Mateo County, and Los 
Angeles County, California, requested a waiver of 24 CFR 92.252(d)(1) 
to allow use of the utility allowance established by the local public 
housing agency (PHA) for three HOME-assisted projects--Blue Hibiscus 
Apartments, Bay Meadows, and Virginia Lane Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and update 
the allowances annually. However, participating jurisdictions are not 
permitted to use the utility allowance established by the local public 
housing authority for HOME-assisted rental projects for which HOME 
funds were committed on or after August 23, 2013.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 22, 2020.
    Reason Waived: The HOME requirements for establishing utility 
allowances conflict with Project Based Voucher program requirements. It 
is not possible to use two different utility allowances to set the rent 
for a single

[[Page 17626]]

unit and it is administratively burdensome to require a project owner 
establish and implement different utility allowances for HOME-assisted 
units and non-HOME assisted units in a project.
    Contact: Virginia Sardone, Director, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7160, 
Washington, DC 20410, telephone (202) 402-4606.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The Georgia Department of Community Affairs 
requested a waiver of 24 CFR 92.252(d)(1) on behalf of the Georgia 
Housing Finance Agency to allow use of the utility allowance 
established by the local public housing agency (PHA) for Hearthstone 
Landing Apartments, a HOME-assisted project.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and update 
the allowances annually. However, participating jurisdictions are not 
permitted to use the utility allowance established by the local public 
housing authority for HOME-assisted rental projects for which HOME 
funds were committed on or after August 23, 2013.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 22, 2020.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. It 
is not possible to use two different utility allowances to set the rent 
for a single unit and it is administratively burdensome to require a 
project owner establish and implement different utility allowances for 
HOME-assisted units and non-HOME assisted units in a project.
    Contact: Virginia Sardone, Director, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7160, 
Washington, DC 20410, telephone (202) 402-4606.
     Regulation: 24 CFR 92.504(a) Participating Jurisdiction 
Responsibilities and Written Agreements.
    Project/Activity: The State of Colorado requested a waiver of 24 
CFR 92.504(a) to permit it to amend the written agreement for the 
Oakwood Apartments, a HOME-assisted project, to change the unit mix and 
number of HOME units specified at the time of project commitment.
    Nature of Requirement: The regulation at 24 CFR 92.504(a) requires 
that a participating jurisdiction ensure that HOME funds are used in 
accordance with all program requirements and written agreements.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 13, 2020.
    Reason Waived: The waiver permits the State to change the unit mix 
and number of HOME units specified in the written agreement by 
eliminating one two-bedroom HOME unit and replacing it with two one-
bedroom HOME units. Without this waiver, the State would not be able to 
demolish one residential building containing one HOME-assisted unit and 
construct additional affordable housing units on the site. The 
demolition of one residential building is necessary for the new 
construction project due to zoning requirements for the site. The State 
is aware that the demolition triggers the one-for-one replacement and 
other requirements of Section 104(d) of the Housing and Community 
Development Act and that the Uniform Relocation Act requirements also 
apply. The State will amend the written agreement and restrictive 
covenants for the HOME project to reflect the new unit mix, however, 
the existing 30-year period of affordability for the project will 
remain intact and the State will maintain HOME tenant protections for 
the current tenants of HOME-assisted units. This waiver will permit the 
State to expand the supply of affordable rental housing in Colorado by 
creating a net of 45 additional rental units on the site and increasing 
the total number of HOME-assisted units.
    Contact: Virginia Sardone, Director, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7160, 
Washington, DC 20410, telephone (202) 402-4606.
     Regulation: 24 CFR 576.2, definition of ``homeless,'' 
(l)(iii).
    Project/Activity: An individual may qualify as homeless under 
paragraph (1)(iii) the homeless definition in 24 CFR 576.2 so long as 
he or she is exiting an institution where they resided for 120 days or 
less and resided in an emergency shelter or place not meant for human 
habitation immediately before entering that institution. This waiver is 
in effect until March 31, 2021.
    Nature of Requirement: An individual who is exiting an institution 
where he or she resided for 90 days or less and who resided in an 
emergency shelter or place not meant for human habitation immediately 
before entering that institution are considered homeless per 24 CFR 
576.2, definition of ``homeless.''
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: Recipients are reporting that program participants 
are residing in institutions for longer periods of time as a result of 
COVID-19 (e.g., longer time in jail due to a postponed court dates due 
to court closings or courts operating at reduced capacity and longer 
hospital stays when infected with COVID-19). Allowing someone who was 
residing in an emergency shelter or place not meant for human 
habitation prior to entering the institution to maintain their homeless 
status while residing in an institution for longer than 90 days is 
necessary to prevent the spread of COVID-19 by expanding housing 
options for people who were experiencing homelessness and 
institutionalized for longer than traditionally required due to COVID-
19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.3, definition of ``homeless,'' 
(l)(iii).
    Project/Activity: An individual may qualify as homeless under 
paragraph (1)(iii) the homeless definition in 24 CFR 578.3 so long as 
he or she is exiting an institution where they resided for 120 days or 
less and resided in an emergency shelter or place not meant for human 
habitation immediately before entering that institution.
    Nature of Requirement: An individual who is exiting an institution 
where he or she resided for 90 days or less and who resided in an 
emergency shelter or place not meant for human habitation immediately 
before entering that institution are considered homeless per 24 CFR 
578.3, definition of ``homeless.''
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: Recipients are reporting that program participants 
are residing in institutions for longer periods of time as a result of 
COVID-19 (e.g., longer time in jail due to a postponed court dates due 
to court closings or courts operating at reduced capacity and longer 
hospital stays when

[[Page 17627]]

infected with COVID-19). Allowing someone who was residing in an 
emergency shelter or place not meant for human habitation prior to 
entering the institution to maintain their homeless status while 
residing in an institution for longer than 90 days is necessary to 
prevent the spread of COVID-19 by expanding housing options for people 
who were experiencing homelessness and institutionalized for longer 
than traditionally required due to COVID-19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.3, definition of permanent housing, 
24 CFR 578.51(1)(1).
    Project/Activity: The one-year lease requirement is waived for 
leases executed between the date of this memorandum and December 31, 
2020, so long as the initial term of all leases is at least one month.
    Nature of Requirement: Program participants residing in PSH must be 
the tenant on a lease for a term of at least one year that is renewable 
and terminable for cause.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: HUD originally waived this requirement for 6-months 
on March 31, 2020 to help recipients more quickly identify permanent 
housing for individuals and families experiencing homelessness, which 
is helpful in preventing the spread of COVID-19. Extending this waiver 
is necessary because recipients continue to need to help program 
participants identify housing quickly to help prevent the spread of 
COVID-19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone number (202) 708-4300.
     Regulation: 24 CFR 578.7(a)(8).
    Project/Activity: 24 CFR 578.7(a)(8) is waived to the extent it is 
necessary to lift the requirement in Section 11.B.15 of the Notice 
Establishing Additional Requirements for a Continuum of Care 
Centralized or Coordinated Assessment System for 1-year.
    Nature of Requirement: 24 CFR 578.7(a)(8) requires CoCs to comply 
with any requirements established by HUD by Notice regarding the 
centralized or coordinated assessment system. One Notice provision 
states the CoC must solicit feedback at least annually from 
participating projects and households that participated in coordinated 
entry to evaluate the quality and effectiveness of the entire 
coordinated entry experience.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: CoCs are reporting limited staff capacity as staff 
members are home for a variety of reasons related to COVID-19 (e.g., 
quarantining, children home from school, working elsewhere in the 
community to manage the COVID-19 response). Waiving the annual 
coordinated entry planning and stakeholder consultation process as 
provided below will allow recipients to focus their limited staff 
capacity on activities related to preventing the spread of COVID19 and 
helping program participants remain housed during the subsequent 
economic downturn.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.33(c).
    Project/Activity: The requirement that the renewal grant amount be 
based on the budget line items in the final year of the grant being 
renewed is further waived for all projects that amend their grant 
agreement between October 1, 2020 and December 31, 2020 to move funds 
between budget line items in a project in response to the COVID-19 
pandemic. Recipients may then apply in the next FY CoC Program funding 
cycle based on the budget line items in the grants before they were 
amended.
    Nature of Requirement: 24 CFR 578.33(c) requires that budget line 
item amounts a recipient is awarded for renewal in the CoC Program 
Competition will be based on the amounts in the final year of the prior 
funding period of the project.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: HUD originally waived this requirement for grant 
agreement amendments signed between March 31, 2020 and October 1, 2020 
to allow recipients to move funds between budget line items in a 
project in response to the COVID-19 pandemic and still apply for 
renewal in the next FY CoC Program funding cycle based on the budget 
line items in the grants before they were amended. Recipients continue 
to report needing to shift budget line items to respond to the COVID-19 
pandemic (e.g., providing different supportive service necessitated by 
the pandemic or serving fewer people because the layout of the housing 
does not meet local social distancing recommendations) without changing 
the original design of the project when it is not operating in a public 
health crisis and can resume normal operations.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.37(a)(l)(ii)(F).
    Project/Activity: The requirement in 24 CFR 578.37(a)(l)(ii)(F) 
that projects require program participants to meet with case managers 
not less than once per month is waived for all permanent housing-rapid 
re-housing projects from the date of this memorandum until December 31, 
2020.
    Nature of Requirement: Recipients must require program participants 
of permanent housing -rapid re-housing projects to meet with a case 
manager at least monthly.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: HUD originally waived this requirement for 2-months 
on March 31, 2020 and subsequently for 3-month on May 22, 2020. 
Recipients are continuing to report limited staff capacity as staff 
members are home for a variety of reasons related to COVID-19 (e.g., 
quarantining, children home from school, working elsewhere in the 
community to manage the COVID-19 response). In addition, not all 
program participants have capacity to meet via phone or internet. 
Waiving the monthly case management requirement as specified below will 
allow recipients to provide case management on an as needed basis and 
reduce the possible spread and harm of COVID-19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.

[[Page 17628]]

     Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction continues to be waived for 
any lease executed by a recipient or subrecipient to provide 
transitional or permanent supportive housing from the date of this 
memorandum until December 31, 2020. The affected recipient or 
subrecipient must still ensure that rent paid for individual units that 
are leased with leasing dollars meet the rent reasonableness standard 
in 24 CFR 578.49(b)(2).
    Nature of Requirement: Rent payments for individual units with 
leasing dollars may not exceed Fair Market Rent (FMR).
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: HUD originally waived this requirement for 6-months 
on March 31, 2020. Extending this waiver on the limit on using grant 
leasing funds to pay above FMR for individual units, but not greater 
than reasonable rent will assist recipients in locating additional 
units to house individuals and families experiencing homelessness and 
reduce the spread and harm of COVID-19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.75(b)(l).
    Project/Activity: NY-603-Long Island Continuum of Care (CoC) 
reallocated 11 Permanent Supportive Housing (PSH) projects in the FY 
2018 CoC Program Competition, which affects almost 300 program 
participants--many with disabilities, who face returning to 
homelessness. The interim rule requires certain documentation 
requirements and imposes eligibility requirements which severely limits 
potential available housing options for program participants to 
transfer into other CoC Program-funded projects.
    Nature of Requirement: 24 CFR 278.75(b)(1) requires that recipients 
or subrecipients physically inspect each unit to assure that it meets 
HQS before any assistance will be provided for that unit on behalf of a 
program participant.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: On March 31, 2020, HUD waived the physical 
inspection requirement at 24 CFR 578.75(b)(l) for 6-months so long as 
recipients or subrecipients were able to visually inspect the unit 
using technology to ensure the unit met HQS before any assistance was 
provided and recipients or subrecipients had written policies in place 
to physically reinspect the unit within 3 months after the health 
officials determined special measures to prevent the spread of COVID-19 
are no longer necessary. However, this standard still relies on program 
participants or landlords having the technology to carry out this 
virtual inspection. Waiving the initial inspection requirement at 24 
CFR 578.75(b)(l) as further specified below will allow recipients to 
move people from the streets and shelters into housing more quickly, 
which enables social distancing, and helps prevent the spread of COVID-
19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.75(c) and 24 CFR 982.401(d)(2)(ii) 
as required by 24 CFR 578.75(b).
    Project/Activity: The requirement that the each unit assisted with 
CoC Program funds or YHDP funds have at least one bedroom or living/
sleeping room for each two persons is waived for recipients providing 
Permanent Housing-Rapid Rehousing assistance for leases and occupancy 
agreements executed by recipients and subrecipients between the date of 
this memorandum and December 31, 2020 and extending only until the 
later of (1) the end of the initial term of the lease or occupancy 
agreement; or (2) December 31, 2020.
    Nature of Requirement: 24 CFR 578.75(c), suitable dwelling size, 
and 24 CFR 982.401(d)(2)(ii) as required by 24 CFR 578.75(b), Housing 
Quality Standards, requires units funded with CoC Program funds to have 
at least one bedroom or living/sleeping room for each two persons.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: Households experiencing homelessness are often 
unable to afford the limited supply of affordable housing in many 
jurisdictions across the country and this has been made even more 
challenging due to the economic impact of COVID-19. Additionally, 
moving to housing instead of congregate shelter reduces the spread of 
COVID-19. Waiving this requirement will allow households to obtain 
permanent housing that is affordable and that they assess is adequate. 
Consistent with the Executive Order on Fighting the Spread of COVID-19 
by Providing Assistance to Renters and Homeowners, grantees should 
balance use of this waiver with the recommendations of public health 
officials to limit community spread and reduce risks to high-risk 
populations.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.103(a) and 24 CFR 
578.103(a)(4)(i)(B).
    Project/Activity: The requirement that intake staff-recorded 
observation of disability be confirmed and accompanied by other 
evidence no later than 45 days from the application for assistance 
documentation requirement is waived from publication of this waiver 
until public health officials determine no additional special measures 
are necessary to prevent the spread of COVID-19.
    Nature of Requirement: Recipients providing PSH must serve 
individuals and families where one member of the household has a 
qualifying disability (for dedicated projects and DedicatedPLUS 
projects that individual must be the head of household). Further, the 
recipient must document a qualifying disability of one of the household 
members. When documentation of disability is the intake worker's 
observation, the regulation requires the recipient to obtain additional 
confirming evidence within 45 days.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: On March 31, 2020 HUD waived the requirement to 
obtain additional evidence within 45 days and instead allowed 
recipients up to 6-months from the date of application for assistance 
to confirm intake staff-recorded observations of disability with other 
evidence because recipients were reporting difficulty obtaining third-
party documentation of a disability in the middle of a pandemic, 
impacting their ability to house potential program participants 
quickly. However, recipients are still reporting difficulty obtaining 
third-party documentation because of the continuing pandemic, so HUD is 
now entirely waiving the requirement at 24 CFR

[[Page 17629]]

578.103(a)(4)(i)(B) that recipients obtain additional evidence to 
verify intake staff-recorded observations of disability to allow 
recipients' until the end of the pandemic. This will permit intake 
staff to house people quickly by relying on intake-staff recorded 
observation of a disability.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.
     Regulation: 24 CFR 578.103(a)(7)(iv).
    Project/Activity: The waiver of the requirement at 24 CFR 
578.103(a)(7)(iv) that the recipient or subrecipient may only rely on 
program participant self-certification of income if the other permitted 
types of documentation are unobtainable when conducting the initial or 
subsequent rent or occupancy charge calculations is in effect from the 
date of this memorandum until December 31, 2020. During this time, 24 
CFR 578.103(a)(7)(iv) is waived to the extent necessary to allow 
recipients or subrecipients to document annual income with the written 
certification by the program participant of the amount of income that 
the program participant is reasonably expected to receive over the 3-
month period following the evaluation, even if source documents and 
third-party 4 verification, are obtainable.
    Nature of Requirement: 24 CFR 578.103(a)(7) requires the recipient 
or subrecipient to keep records of the program participant's income and 
the back-up documentation they relied on to determine income. The 
regulation establishes an order of preference for the type of 
documentation that recipients can rely upon.
    Granted By: John Gibbs, Acting Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2020.
    Reason Waived: HUD understands that documentation may be difficult 
to obtain as a result of COVID-19 pandemic; therefore, waiving the 
requirement that source documents and third-party documentation be 
unobtainable in order for recipients or subrecipients to rely on a 
program participant's own certification of their income will help 
recipients and subrecipients house program participants more quickly 
and determine the appropriate rent contribution or occupancy charge. 
Moving people experiencing homelessness more quickly into housing 
enables social distancing and helps prevent the spread of COVID-19.
    Contact: Norm Suchar, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7262, 
Washington, DC 20410, telephone (202) 708-4300.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 200.73 (c).
    Project/Activity: Pendleton III Apartments, Cincinnati, Ohio, 
Project No., one listed
    Nature of Requirement: HUD's regulation at 24 CFR 200.73 (c) 
requiring that ``not less than five rental dwelling units [of an FHA 
insured multifamily housing project] shall be on one site. Section 
3.1.CC of the 2016 MAP Guide permits a project with two or more non-
contiguous parcels of land when the parcels comprise one marketable, 
manageable real estate entity. Prudential Huntoon Paige Associates, LLC 
has applied for mortgage insurance under the Section 221(d)(4) program 
for Pendleton III Apartments. The proposal is to combine eighteen 
separate, scattered site, Section 8 assisted properties known as 
Pendleton III into a single manageable property consisting of 78 total 
affordable units. The property consists of eighteen sites scattered 
across a half mile radius area of downtown Cincinnati. Ten of the 
eighteen sites have fewer than 5 units.
    Granted by: Dana T. Wade, Assistant Secretary for Housing-Federal 
Housing Commissioner.
    Date Granted: September 18, 2020.
    Reason Waived: The waiver will meet HUD's goal of preserving and 
maintaining affordable rental housing for low income families. The 
project is a low risk to the Department due to its continuing 
availability of Section 8 rental assistance for most units.
    Contact: Patricia M. Burke, Director, Office of Multifamily 
Production, HTD, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Washington, DC 20410, telephone 
(202) 402-5693.
     Regulation: 24 CFR 242.58(b)(ii) and 24 CFR 242.58(b)(iv).
    Project/Activity: Englewood Hospital and Medical Center, Englewood, 
New Jersey
    Nature of Requirement: 24 CFR 242.58(b)(ii) and (b)(iv) require the 
submission of quarterly financial statements to HUD within 40 days 
after the end of the Borrower's fiscal quarter, and requires the 
submission of annual audited financial statements to HUD within 120 
days after the end of the Borrower's fiscal year.
    Granted By: Dana T. Wade, Assistant Secretary for Housing--Federal 
Housing Commissioner.
    Date Granted: September 18, 2020.
    Reason Waived: The Borrower required the extension to allow for 
additional time to finalize its financial reports at the end of each 
reporting period.
    Contact: Paul Giaudrone, Underwriting Director, Office of Hospital 
Facilities, Office of Healthcare Programs, Office of Housing, 
Department of Housing and Urban Development, 409 3rd Street SW, Room 
Washington DC 20024, telephone (202) 402-5684.

     Regulation: 24 CFR 266.410(e).
    Project/Activity: Colorado Housing and Finance Authority (CHFA), no 
project name or number listed.
    Nature of Requirement: The 24 CFR 266.410(e), which requires 
mortgages insured under the 542(c) Housing Finance Agency Risk Sharing 
Program to be fully amortized over the term of the mortgage. The waiver 
would permit CHFA to use balloon loans that would have a minimum term 
of 17 years and a maximum amortization period of 40 years for the 
projects identified in the ``Multifamily Pipeline Projects''.
    Granted by: Dana T. Wade, Assistant Secretary for Housing-Federal 
Housing Commissioner.
    Date Granted: July 28, 2020.
    Reason Waived: The waiver was granted to allow Colorado Housing and 
Finance Authority's (CHFA) clients additional financing options to 
their customers and to align CHFA business practices with industry 
standards, thus furthering the creation of a preservation of affordable 
housing throughout Colorado.
    The regulatory waiver is subject to the following conditions:
    1. The waiver is limited to nine (9) transactions and expires on 
July 31, 2021.
    2. Colorado Housing and Finance Authority must elect to take 50 
percent or more of the risk of loss on all transactions;
    3. Mortgages made under this waiver may have amortization periods 
of up to 40 years, but with a minimum term of 17 years;
    4. All other requirements of 24 CFR 266.410--Mortgage Provision 
remain

[[Page 17630]]

applicable. The waiver is applicable only to loans made under Colorado 
Housing and Finance Authority's Risk Sharing Agreement;
    5. In accordance with 24 CFR 266.200(d), the mortgage may not 
exceed an amount supportable by the lower of the Section 8 or 
comparable unassisted rents;
    6. Projects must comply with Davis-Bacon labor standards in 
accordance with 24 CFR 266.225;
    7. Colorado Housing and Finance Authority must comply with 
regulations stated in 24 CFR 266.210 for insured advances or insurance 
upon completion transactions;
    8. The loans exceeding $50 million require a separate waiver 
request;
    9. Occupancy is no less than 93 percent for previous 12 months of 
the HFA loan to be refinanced;
    10. No defaults in the last 12 months of the HFA loan to be 
refinanced;
    11. A 20-year affordable housing deed restriction placed on title 
that conforms to the Section 542(c) statutory definition;
    12. A Property Capital Needs Assessment (PCNA) must be performed 
and funds escrowed for all necessary repairs, and reserves funded for 
future capital needs; and
    13. For projects subsidized by Section 8 Housing Assistance Payment 
(HAP) contracts:
    i. a: Owner agrees to renew HAP contract(s) for 20-year term, 
(subject to appropriations and statutory authorization, etc.), and b: 
In accordance with regulations in 24 CFR 883.306(e), and Housing Notice 
2012-14--Use of ``New Regulation'' Section 8 Housing Assistance 
Payments (HAP) Contracts Residual Receipts of Offset Project-Based 
Section 8 Housing Assistance Payments, if at any time Colorado Housing 
and Finance Authority determines that a project's excess funds (surplus 
cash) after project operations, reserve requirements and permitted 
distributions are met, Colorado Housing and Finance Authority must 
place the excess funds into a separate interest-bearing account. Upon 
renewal of a HAP Contract the excess funds can be used to reduce future 
HAP payments or other project operations/purposes. When the HAP 
Contract expires, is terminated, or any extensions are terminated, any 
unused funds remaining in the Residual Receipt Account at the time of 
the contract's termination must be returned.
    Contact: Patricia M. Burke, Director, Office of Multifamily 
Production, HTD, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Washington, DC 20410, telephone 
(202) 402-5693.

III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.

     Regulation: 24 CFR 985.105(d).
    Project/Activity: Greenfield Housing Authority requested to change 
their troubled Section Eight Management Assessment Program (SEMAP) 
rating.
    Nature of Requirement: 24 CFR 985.105(d) requires that the 
Department of Housing and Urban Development (HUD) conduct an on-site 
confirmatory review of a Public Housing Agency's (PHA's) performance 
before changing any annual overall performance rating from troubled to 
standard or high performer.
    Granted By: R. Hunter Kurtz, Assistant Secretary, Public and Indian 
Housing.
    Date Granted: September 24, 2020.
    Reason Waived: PHAs rely on their SEMAP designation to indicate to 
the public and other stakeholders the health and performance of their 
Housing Choice Voucher (HCV) program. Moreover, in accordance with 24 
CFR 985.107(f), HUD shall change a PHA's overall performance rating 
from troubled to standard or high performer if HUD determines that a 
change in the rating is warranted because of improved PHA performance 
and an improved SEMAP score. The PHA believed it would receive a higher 
rating and be removed from the designation of SEMAP Troubled if HUD's 
review were done remotely. Therefore, in lieu of the on-site 
confirmatory review and in accordance with HUD's modified operational 
procedures in response to the COVID-19 pandemic, HUD determined good 
cause to waive 24 CFR 985.105(d) and permit the field office to perform 
a remote SEMAP quality control review of the documentation necessary to 
confirm the accuracy of the PHA's SEMAP certification.
    Contact: Danielle Bastarache, Deputy Assistant Secretary, Office of 
Public Housing and Voucher Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 4202, Washington, DC 20410, telephone (202) 402-5264.

     Regulation: 24 CFR 982.517; 24 CFR 983.301(f)(2)(ii).
    Project/Activity: Housing Authority of the City of Annapolis 
requested a project-specific utility allowance for a Project Based 
Voucher (PBV) project.
    Nature of Requirement: For the Housing Choice Voucher (HCV) 
program, 24 CFR 982.517 requires that a PHA maintain a utility 
allowance schedule for all tenant-paid utilities, and the utility 
allowance schedule must be determine based on the typical cost of 
utilities and services paid by energy-conserving households that occupy 
units of similar size and type in the same locality. For the PBV 
program, 24 CFR 983.301(f)(2)(ii) requires that PHAs may not establish 
or apply different utility allowance amounts for the PBV program, and 
that the same PHA utility allowance schedule applies to both the 
tenant-based and PBV programs.
    Granted By: R. Hunter Kurtz, Assistant Secretary, Public and Indian 
Housing.
    Date Granted: September 24, 2020.
    Reason Waived: The PHA requested a waiver to establish a site-
specific utility allowance for a PBV project and provided justification 
for the request. The PHA submitted an analysis of utility rates for the 
community and consumption data of project residents. Due to the energy 
efficient upgrades at the project, the community consumption estimates 
are significantly higher than the consumption expected at the site. 
Thus, the PHA demonstrated good cause that the utility allowance 
provided under the HCV program would discourage conservation and 
ultimately lead to inefficient use of HAP funds at the PBV project. 
Thus, pursuant to the waiver authority provided at 24 CFR 5.110, HUD 
determined that there was good cause to waive 24 CFR 983.301(f)(2)(ii) 
and 24 CFR 982.5 17.
    Contact: Danielle Bastarache, Deputy Assistant Secretary, Office of 
Public Housing and Voucher Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 4202, Washington, DC 20410, telephone (202) 402-5264.

     Regulation: 24 CFR 982.517; 24 CFR 983.301(f)(2)(ii).
    Project/Activity: Housing Authority of the City of Austin requested 
a project-specific utility allowance for a Project Based Voucher (PBV) 
project.
    Nature of Requirement: For the Housing Choice Voucher (HCV) 
program, 24 CFR 982.517 requires that a PHA maintain a utility 
allowance schedule for all tenant-paid utilities, and the utility 
allowance schedule must be determine based on the typical cost of 
utilities and services paid by energy-conserving households that occupy 
units of similar size and type in the same locality. For the Project 
Based Voucher (PBV) program, 24 CFR

[[Page 17631]]

983.301(f)(2)(ii) requires that PHAs may not establish or apply 
different utility allowance amounts for the PBV program, and that the 
same PHA utility allowance schedule applies to both the tenant-based 
and PBV programs.
    Granted By: R. Hunter Kurtz, Assistant Secretary, Public and Indian 
Housing.
    Date Granted: September 24, 2020.
    Reason Waived: The PHA requested a waiver to establish a site-
specific utility allowance for a PBV project and provided justification 
for the request. The PHA submitted an analysis of utility rates for the 
community and consumption data of project residents. Due to the energy 
efficient upgrades at the project, the community consumption estimates 
are significantly higher than the consumption expected at the site. 
Thus, the PHA demonstrated good cause that the utility allowance 
provided under the HCV program would discourage conservation and 
ultimately lead to inefficient use of HAP funds at the PBV project. 
Thus, pursuant to the waiver authority provided at 24 CFR 5.110, HUD 
determined that there was good cause to waive 24 CFR 983.301(f)(2)(ii) 
and 24 CFR 982.5 17.
    Contact: Danielle Bastarache, Deputy Assistant Secretary, Office of 
Public Housing and Voucher Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 4202, Washington, DC 20410, telephone (202) 402-5264.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: Edinburg Housing Authority requested for HUD to 
accept a late submission for its Section Eight Management Assessment 
Program (SEMAP) certification and HUD issue a new SEMAP score.
    Nature of Requirement: 24 CFR 985.101(a) requires a Public Housing 
Agency (PHA) to submit the HUD-required SEMAP certification form within 
60 calendar days after the end of its fiscal year. Failure of a PHA 
submitting its SEMAP certification by the set deadline results in an 
overall performance rating of troubled. The PHA's SEMAP certification 
is subject to HUD verification by an on-site confirmatory review.
    Granted By: R. Hunter Kurtz, Assistant Secretary, Public and Indian 
Housing.
    Date Granted: September 24, 2020.
    Reason Waived: In response to the COVID-19 pandemic, in Section 
11.b. of Notice PIH 2020-13, HUD notified PHAs administering the 
Housing Choice Voucher (HCV) program that have a SEMAP score pending as 
of the date of the notice, and for any PHA with a fiscal year ending on 
or before December 31, 2020, HUD would not issue a new SEMAP score and 
would carry forward the most recent SEMAP score on record unless the 
PHA requests a new SEMAP. The PHA requested that HUD accept a late 
submission for the SEMAP certification, and a new score be issued. The 
PHA received an overall rating score as high and standard performer on 
its two prior SEMAP certifications in 2018 and 2019, respectively. Due 
to these circumstances and pursuant to the waiver authority provided at 
24 CFR 5.1 10, HUD determined there was good cause to waive 24 CFR 
985.101(a) to permit the PHA to submit its SEMAP certification after 
the deadline for its fiscal year ending March 31, 2020. The PHA was 
advised to request a new SEMAP score through HUD's local field office.
    Contact: Danielle Bastarache, Deputy Assistant Secretary, Office of 
Public Housing and Voucher Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 4202, Washington, DC 20410, telephone (202) 402-5264.

HUD's Summary of CARES Act Notices Providing Waivers 3/31/20 to 9/30/20

    Authority: Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) and regulatory waiver authority is also provided by 24 CFR 
5.110 and 91.600.

Office of Community Planning and Development (CPD)

    1. CPD Memo: Availability of Waivers of CPD Grant Program and 
Consolidated Plan Requirements to Prevent the Spread of COVID-19 and 
Mitigate Economic Impacts Caused by COVID-19 for CoC, ESG, and HOPWA.
Date Issued: March 31, 2020
    Purpose: This memorandum explains the availability of waivers of 
certain regulatory requirements associated with several CPD grant 
programs (HOPWA, ESG, CoC) to prevent the spread of COVID-19 and to 
facilitate assistance to eligible communities and households 
economically impacted by COVID-19.
    2. CPD Memo: CARES Act Flexibilities for ESG and HOPWA Funds Used 
to Support Coronavirus Response and Plan Amendment Waiver.
Date Issued: May 4, 2020
    Purpose: Announced the allocations and provides guidance regarding 
the first $3 billion in HUD CARES Act funding, including $1 billion for 
ESG grantees, $2 billion for Community Development Block Grant (CDBG) 
grantees, and $53.7 million for Housing Opportunities for Persons With 
AIDS (HOPWA) grantees.
    3. CPD Memo: Availability of Additional Waivers for CPD Grant 
Programs to Prevent the Spread of COVID-19 and Mitigate Economic 
Impacts Caused by COVID-19.
Date Issued: May 22, 2020
    Purpose: This memorandum explains the availability of waivers of 
certain regulatory requirements and one NOFA requirement associated 
with several CPD grant programs to prevent the spread of COVID-19 and 
to facilitate assistance to eligible communities and households 
economically impacted by COVID-19. This memorandum covers program-
specific waivers for the following CPD programs: Housing Opportunities 
for Persons with AIDS (HOPWA); Continuum of Care (CoC); Youth 
Homelessness Demonstration Program (YHDP); and Emergency Solutions 
Grants Program. This memorandum also announces a simplified 
notification process for recipients of these programs to use this 
waiver flexibility to expedite the delivery of assistance.
    4. Notice CPD-20-05: CARES Act Implementation Instructions and 
Related Flexibilities for the HOPWA Program: HOPWA APR/CAPER 
Submission.
Date Issued: May 8, 2020
    Purpose: This Notice provides instructions for implementing the 
Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 
116-136, provisions to the HOPWA program, and provides additional 
information for HOPWA grantees and project sponsors related to 
coronavirus disease 2019 (COVID-19) response.
    5. Notice CPD 20-07: Guidance on conducting environmental reviews 
pursuant to 24 CFR part 58 for activities undertaken in response to the 
public health emergency as a result of COVID-19.
Date Issued: August 6, 2020
    Purpose: The purpose of this Notice is to provide guidance on 
environmental review processing for activities needed to respond to the 
public health emergency as a result of COVID-19. This Notice describes:
    Types of activities that meet the environmental review exemption at 
24 CFR 58.34(a)(10) for improvements necessary to respond to an 
imminent threat to public safety; The process for using HUD's expedited 
public notice and condensed comment periods for

[[Page 17632]]

environmental reviews during a Presidentially-declared disaster or a 
locally declared emergency; a Table of Activities that lists examples 
of the types of activities that are typically needed to address a 
public health emergency organized by the level of environmental review 
required; and, prior HUD guidance on environmental review processing 
for activities undertaken in response to a Presidentially-declared 
disaster or local emergency focused on activities related to clearing 
debris, protecting buildings from further damage, and protecting the 
public from damaged structures.
    6. Notice CPD-20-08: Waivers and Alternative Requirements for the 
ESG Program Under the CARES Act.
Date Issue: September 1, 2020
    Purpose: This Notice announces the allocation formula, amounts, and 
requirements for the additional $3.96 billion in funding provided for 
the Emergency Solutions Grants Program (ESG) under the Coronavirus Aid, 
Relief, and Economic Security Act (CARES Act). These ESG-CV funds must 
be used to prevent, prepare for, and respond to coronavirus, among 
individuals and families who are homeless or receiving homeless 
assistance and to support additional homeless assistance and 
homelessness prevention activities to mitigate the impacts created by 
coronavirus.
    7. CPD Memo: Availability of Additional Waivers for CPD Grant 
Programs to Prevent the Spread of COVID-19 and Mitigate Economic 
Impacts Caused by COVID-19.
Date Issued: September 30, 2020
    Purpose: Waiver regarding the homeless definition--Temporary Stays 
in Institutions of 90 Days or Less. Paragraph (1)(iii) of the homeless 
definition in 24 CFR 576.2 is waived to the extent that an individual 
may qualify as homeless so long as he or she is exiting an institution 
where they resided for 120 days or less and resided in an emergency 
shelter or place not meant for human habitation immediately before 
entering that institution. The waiver is in effect until March 31, 
2021.

Office of Public and Indian Housing

    1. DLL-2020-05: Re-verification of employment, Exterior-Only and 
Desktop-Only Appraisal Scope of Work Options and Tax Transcripts for 
the Section 184 Indian Home Loan and Section 184A Native Hawaiian 
Housing Loan Guarantee Programs Impacted by COVID-19.
Date Issued: 4/9/20
    Purpose: The purpose of this Dear Lender Letter is to inform 
lenders and appraisers of HUD's authorization of the temporary 
modification of requirements for re-verification of employment, 
appraisals, and IRS tax transcripts.
    2. PIH Notice 2020-05: COVID-19 Statutory and Regulatory Waivers 
for the Public Housing, Housing Choice Voucher, Indian Housing Block 
Grant and Indian Community Development Block Grant programs, Suspension 
of Public Housing Assessment System and Section Eight Management 
Assessment Program.
Date Issued: 4/10/20
    Purpose: HUD waived and established alternative requirements for 
numerous statutory and regulatory requirements for the Public Housing 
program, Housing Choice Voucher (HCV) program, Indian Housing Block 
Grant (IHBG) program, and Indian Community Development Block Grant 
(ICDBG) program. This notice also provides information on additional 
actions HUD is taking, including the temporary suspension of the Public 
Housing Assessment System (PHAS) and the Section Eight Management 
Assessment Program (SEMAP). The waivers provide administrative 
flexibilities and relief to PHAs, Indian tribes, and TDHEs in response 
to the COVID-19 national emergency.
    3. PIH Notice 2020-07: Implementation of Supplemental Guidance to 
the Federal Fiscal Year 2020 Operating Fund Appropriations:
Date Issued: 4/28/20
    Purpose: This Notice provides guidance on the allocation and 
eligible uses of the Supplemental Public Housing Operating funding 
provided pursuant to the CARES Act (Pub. L. 116-136), as well as the 
additional flexibilities provided pursuant to the CARES Act to use 
previously appropriated Capital and Operating Funds to enable PHAs to 
prevent, prepare for, and respond to coronavirus. Additional waivers 
included in this notice include 24 CFR 990.210, 24 CFR 990.280(b), 24 
CFR 990.280(b)(5) and temporarily resetting cost limitation established 
in 24 CFR 905.314(h).
    4. DLL-20-06: Section 184 Indian Home Loan Guarantee program 
(Section 184) and Section 184A Native Hawaiian Housing Loan Guarantee 
program (Section 184A) loss mitigation options and clarification of 
eviction moratorium under Section 4024 of the Coronavirus Aid, Relief, 
and Economic Security Act (CARES Act); extension of foreclosure 
moratorium under the CARES Act; and extension of loan processing 
related flexibilities.
Date Issued: 5/19/20
    Purpose: Extends the foreclosure and related evictions moratoriums 
and the loan processing flexibilities that expired on May 20, 2020 
through June 30, 2020.
    5. DLL-20-08: Section 184 Indian Home Loan Guarantee program 
(Section 184) and Section 184A Native Hawaiian Housing Loan Guarantee 
program (Section 184A) extension of foreclosure and related evictions 
moratorium and loan processing flexibilities in connection with the 
Presidentially Declared COVID-19 National Emergency.
Date Issued: 6/29/20
    Purpose: Extends the foreclosure and related evictions moratoriums 
and the loan processing flexibilities through August 31, 2020.
    6. PIH Notice 2020-13: COVID-19 Statutory and Regulatory Waivers 
and Alternative Requirements for the Public Housing, Housing Choice 
Voucher, Indian Housing Block Grant and Indian Community Development 
Block Grant programs, Suspension of Public Housing Assessment System 
and Section Eight Management Assessment Program, Revision 1.
Date Issued: 7/2/20
    Purpose: In this notice, HUD restates the waivers and alternative 
requirements established previously in Notice PIH 2020-05, provides 
additional waivers and alternative requirements, extends the periods of 
availability for previously established waivers and alternative 
requirements, and issues technical amendments to several of the 
previously established waivers and alternative requirements. This 
Notice also carries forward information on previously specified HUD 
actions, such as the temporary suspension of the Public Housing 
Assessment System (PHAS) and the Section Eight Management Assessment 
Program (SEMAP).
    7. PIH Notice 2020-20: Section 8 Moderate Rehabilitation Program--
CARES Act Supplemental HAP Funding Allocation and COVID-19 Waivers and 
Alternative Requirements.
Date Issued: 8/26/20
    Purpose: This notice implements funding provisions for the Section 
8 Moderate Rehabilitation (Mod Rehab) Program under the CARES Act (Pub. 
L. 116-36). In addition, pursuant to the waiver authority provided 
under the CARES Act, through this notice HUD is

[[Page 17633]]

waiving and establishing alternative requirements for numerous 
statutory and regulatory requirements for the Section 8 Mod Rehab 
program to expedite or facilitate the use of these amounts to prevent, 
prepare for, and respond to coronavirus. HUD strongly encourages PHAs 
to utilize any and all waivers and alternative requirements as 
necessary to keep the Section 8 Mod Rehab program operational, to the 
extent practicable, during the period the program is impacted by 
coronavirus. This notice applies solely to the Mod Rehab Program 
administered by the Office of Housing Voucher Programs, Office of 
Public and Indian Housing (PIH). It does not apply to the Section 8 
Moderate Rehabilitation Single Room Occupancy (SRO) Program 
administered by the Office of Community Planning and Development in 
accordance with 24 CFR part 882, subpart H.
    8. DLL-2020-10: Section 184 Indian Home Loan Guarantee program 
(Section 184) and Section 184A Native Hawaiian Housing Loan Guarantee 
program (Section 184A) extension of foreclosure and eviction moratorium 
and loan processing flexibilities in connection with the Presidentially 
Declared COVID-19 National Emergency.
Date Issued: 8/28/20
    Purpose: Extends the foreclosure and related evictions moratoriums 
and the loan processing flexibilities through October 31, 2020.
    9. PIH Notice 2020-22: CARES Act Implementation for the Mainstream 
Voucher Program--Non-Competitive Opportunity for Additional Vouchers 
Authorized by the CARES Act, Temporary Waivers and Alternative 
Requirements, and Modified 2020 Housing Assistance Payment (HAP) 
Renewal Calculation.
Date Issued: 9/8/20
    Purpose: This notice provides additional waivers and alternative 
requirements that apply only to Mainstream vouchers and may be applied 
in addition to the waivers and alternative requirements provided in PIH 
Notice 2020-13; additional Mainstream Voucher Temporary Waivers and 
Alternative Requirements can be found in Section 3 of this Notice. The 
Secretary has determined that these waivers and alternative 
requirements are necessary for the safe and effective administration of 
the HCV program, consistent with the purposes described under the CARES 
Act, to prevent, prepare for, and respond to COVID-19.
    10. PIH Notice 2020-24: Extension of Period of Availability for 
CARES Act Supplemental Public Housing and Housing Choice Voucher Funds, 
Guidance on CARES Act Financial Reporting Requirements (FDS and 
Quarterly Reporting), and Other CARES Act Provisions.
Date Issued: 9/14/20
    Purpose: The Notice extends the deadline for PHAs to expend the 
Supplemental Public Housing Operating Funds; The Notice extends the 
deadline, for PHAs to expend the CARES Act HCV Supplemental HAP and 
Administrative Fees (including such funds provided for the Mainstream 
Program), and the CARES Act Moderate Rehabilitation Program 
Supplemental HAP funds; The Notice extends the waiver authority of 
central office cost center (COCC) fees in excess of the safe harbor 
amounts to the fees charged to the CARES Act supplemental HCV and 
Mainstream Administrative Fees and provides further implementation 
guidance for PHAs that used CARES Act supplemental Operating Funds or 
HCV and Mainstream Administrative Fees under this waiver authority; HUD 
has extended the unaudited submission due date for PHAs with a 6/30/
2020 FYE by 60 days, from 08/31/2020 to 10/30/2020; The Notice provides 
financial reporting requirements and sub-regulation guidance on CARES 
Act supplemental funds (Public Housing Operating Fund, HCV, Mainstream 
Voucher and Moderate Rehabilitation programs) for PHA year-end 
Financial Data Schedule (FDS) reporting; and the Notice provides 
guidance on the implementation of CARES Act supplemental funds 
quarterly reporting requirements. FDS and CARES Act quarterly reporting 
for Moving to Work (MTW) PHAs and the COCC is also provided in this 
Notice.
    11. PIH Notice 2020-27: Waiver of Undisbursed Funds Factor (UDFF) 
Requirements Under the Indian Housing Block Grant Program for Fiscal 
Year 2021.
Date Issued: 9/30/20
    Purpose: Due to the pandemic, IHBG recipients are facing 
significant impediments to administering their IHBG programs. Given 
significant impediments, HUD has determined that a waiver of the UDFF 
under 24 CFR 1000.342 for the FY 2021 IHBG formula allocations is 
necessary to expedite and facilitate the use of IHBG-CARES funds. The 
waiver provided in this Notice only affects the FY 2021 IHBG formula 
allocations--and does not apply to IHBG formula allocations in years 
beyond FY 2021.
    12. DLL-2020-12: Section 184 Indian Home Loan Guarantee Program 
(Section 184) and Section 184A Native Hawaiian Housing Loan Guarantee 
Program (Section 184A) Extension of Re-verification of Employment and 
Tax Transcript Flexibilities and Updated Appraisal Flexibilities in 
Connection with the COVID-19 National Emergency.
Date Issued: 10/30/20
    Purpose: Section 184 Indian Home Loan Guarantee Program (Section 
184) and Section 184A Native Hawaiian Housing Loan Guarantee Program 
(Section 184A) Extension of Re-verification of Employment and Tax 
Transcript Flexibilities and Updated Appraisal Flexibilities in 
Connection with the COVID-19 National Emergency.
    13. PIH Notice 2020-33: COVID-19 Statutory and Regulatory Waivers 
and Alternative Requirements for the Public Housing, Housing Choice 
Voucher (including Mainstream and Mod Rehab), Indian Housing Block 
Grant and Indian Community Development Block Grant programs, Suspension 
of Public Housing Assessment System and Section Eight Management 
Assessment Program, Revision 2.
Date Issued: 11/30/20
    Purpose: This Notice restates the waivers and alternative 
requirements included previously in Notice PIH 2020-13, carries forward 
information on previously specified HUD actions, adds new waivers and 
alternative requirements, and incorporates the waivers and alternative 
requirements for Mainstream vouchers and the Mod Rehab Program. In 
addition, this Notice extends the period of availability of certain 
waivers, such as those related to Income Verification and Annual 
Examinations, until June 30, 2021.

[FR Doc. 2021-06920 Filed 4-2-21; 8:45 am]
BILLING CODE 4210-67-P