Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2022, 8886-8903 [2023-02843]
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Declaration; Docket ID FEMA–2022–
0001; Internal Agency Docket No.
FEMA–4535–DR.
• Notice; American Samoa;
Amendment No. 9 to Notice of a Major
Disaster Declaration; Docket ID FEMA–
2022–0001; Internal Agency Docket No.
FEMA–4537–DR.
• Notice; Seminole Tribe of Florida;
Amendment No. 6 to Notice of a Major
Disaster Declaration; Docket ID FEMA–
2022–0001; Internal Agency Docket No.
FEMA–4545–DR.
• Notice; Navajo Nation; Amendment
No. 8 to Notice of a Major Disaster
Declaration; Docket ID FEMA–2022–
0001; Internal Agency Docket No.
FEMA–4582–DR.
• Notice; Poarch Band of Creek
Indians; Amendment No. 6 to Notice of
a Major Disaster Declaration; Docket ID
FEMA–2022–0001; Internal Agency
Docket No. FEMA–4591–DR.
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,
2022 and ending on September 30,
2022.
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). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities.
To learn more about how to make an
The following Catalog of Federal Domestic
accessible telephone call, please visit
Assistance Numbers (CFDA) are to be used
https://www.fcc.gov/consumers/guides/
for reporting and drawing funds: 97.030,
telecommunications-relay-service-trs.
Community Disaster Loans; 97.031, Cora
For information concerning a
Brown Fund; 97.032, Crisis Counseling;
particular waiver that was granted and
97.033, Disaster Legal Services; 97.034,
for which public notice is provided in
Disaster Unemployment Assistance (DUA);
this document, contact the person
97.046, Fire Management Assistance Grant;
whose name and address follow the
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially description of the waiver granted in the
accompanying list of waivers that have
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance— been granted in the third quarter of
Disaster Housing Operations for Individuals
calendar year 2022.
and Households; 97.050 Presidentially
SUPPLEMENTARY INFORMATION: Section
Declared Disaster Assistance to Individuals
106 of the HUD Reform Act added a
and Households—Other Needs; 97.036,
new section 7(q) to the Department of
Disaster Grants—Public Assistance
Housing and Urban Development Act
(Presidentially Declared Disasters); 97.039,
(42 U.S.C. 3535(q)), which provides
Hazard Mitigation Grant.
that:
Deanne Criswell,
1. Any waiver of a regulation must be
Administrator, Federal Emergency
in writing and must specify the grounds
Management Agency.
for approving the waiver;
[FR Doc. 2023–02964 Filed 2–9–23; 8:45 am]
2. Authority to approve a waiver of a
BILLING CODE 9111–23–P
regulation may be delegated by the
Secretary only to an individual of
Assistant Secretary or equivalent rank,
and the person to whom authority to
DEPARTMENT OF HOUSING AND
waive is delegated must also have
URBAN DEVELOPMENT
authority to issue the particular
[Docket No. FR–6325–N–03]
regulation to be waived;
3. Not less than quarterly, the
Notice of Regulatory Waiver Requests
Secretary must notify the public of all
Granted for the Third Quarter of
waivers of regulations that HUD has
Calendar Year 2022
approved, by publishing a notice in the
AGENCY: Office of the General Counsel,
Federal Register. These notices (each
HUD.
covering the period since the most
recent previous notification) shall:
ACTION: Notice.
a. Identify the project, activity, or
SUMMARY: Section 106 of the Department undertaking involved;
of Housing and Urban Development
b. Describe the nature of the provision
Reform Act of 1989 (the HUD Reform
waived and the designation of the
Act) requires HUD to publish quarterly
provision;
Federal Register notices of all
c. Indicate the name and title of the
regulatory waivers that HUD has
person who granted the waiver request;
d. Describe briefly the grounds for
approved. Each notice covers the
approval of the request; and
quarterly period since the previous
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FOR FURTHER INFORMATION CONTACT:
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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,
2022 through September 30, 2022. 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 Fair Housing and Equal Opportunity,
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.
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 § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are in
time sequence beginning with the
earliest-dated regulatory waiver.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the third quarter of calendar year 2022)
before the next report is published (the
fourth quarter of calendar year 2022),
HUD will include any additional
waivers granted for the third quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
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HUD regulations is provided in the
Appendix that follows this notice.
Damon Y. Smith,
General Counsel.
Appendix
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Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development July 1, 2022 Through
September 30, 2022
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 91.105(c)(2) and (k);
24 CFR 91.115 (c)(2), and (i); and 24 CFR
91.401.
Project/Activity: The Commonwealth of
Puerto Rico and any HUD Community
Planning and Development (CPD) grantee
located in the county equivalents
(municipios) included in the declareddisaster area (see DR–4671–PR) seeking to
expedite action in response to Hurricane
Fiona, upon notification to the Community
Planning and Development Director in its
respective HUD Field Office. This authority
is in effect for grantees in the areas covered
by the major disaster declaration under title
IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act),
DR–4671–PR, dated September 21, 2022, as
may be amended (the ‘‘declared-disaster
areas’’) and is limited to facilitating
preparation of substantial amendments to FY
2022 and prior year plans.
Nature of Requirement: The regulations at
24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i); and 24 CFR 91.401
require a 30-day public comment period in
the development of a consolidated plan and
prior to the implementation of a substantial
amendment.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Several CPD grantees were
affected by Hurricane Fiona that hit Puerto
Rico on September 17, 2022. As a result of
substantial property loss and destruction,
many individuals and families residing in the
declared-disaster areas were displaced from
their homes, including beneficiaries of
various CPD programs, and families eligible
to receive CPD program assistance. The
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waiver granted will allow grantees to
expedite recovery efforts for low- and
moderate-income residents affected by the
property loss and destruction resulting from
this event.
Contact: Robert C. Peterson, Director, State
and Small Cities Division, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402–4211.
• Regulation: 24 CFR 91.105(c)(2) and (k);
24 CFR 91.115(c)(2) and (i); and 24 CFR
91.401.
Project/Activity: The Commonwealth of
Puerto Rico and any HUD Community
Planning and Development (CPD) grantee
located in the county equivalents
(municipios) included in the declareddisaster areas (see DR–4671–PR) seeking to
expedite action in response to Hurricane
Fiona, upon notification to the Community
Planning and Development Director in its
respective HUD Field Office. This authority
is in effect for grantees within the declareddisaster areas and is limited to facilitating
preparation of substantial amendments to FY
2022 and prior year plans.
Nature of Requirement: The regulations at
24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i); and 24 CFR 91.401
require the grantee to follow its citizen
participation plan to provide citizens with
reasonable notice and opportunity to
comment. The citizen participation plan
must state how reasonable notice and
opportunity to comment will be given.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: As stated above, several
CPD grantees were affected by Hurricane
Fiona that hit Puerto Rico on September 17,
2022. As a result of substantial property loss
and destruction, many individuals and
families residing in the declared-disaster
areas were displaced from their homes,
including beneficiaries of various CPD
programs, and families eligible to receive
CPD program assistance. The waiver granted
will allow grantees to determine what
constitutes reasonable notice and
opportunity to comment given their
circumstances and provide that level of
notice and opportunity to comment when
amending prior year plans in response to the
disaster.
Contact: Robert C. Peterson, Director, State
and Small Cities Division, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402–4211.
• Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located
within and outside declared disaster areas
assisting persons and families who have
registered with FEMA in connection with
Hurricane Fiona.
Nature of Requirement: The CDBG
regulations at 24 CFR 570.207(b)(4) prohibit
income payments, but permit emergency
grant payments for three months. ‘‘Income
payments’’ means a series of subsistence-type
grant payments made to an individual or
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family for items such as food, clothing,
housing (rent or mortgage), or utilities.
Emergency grant payments made over a
period of up to three consecutive months to
the providers of such items and services on
behalf of an individual or family are eligible
public services.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: HUD waives the
provisions of 24 CFR 570.207(b)(4) to permit
emergency grant payments for items such as
food, clothing, housing (rent or mortgage), or
utilities for up to six consecutive months.
While this waiver allows emergency grant
payments to be made for up to six
consecutive months, the payments must still
be made to service providers as opposed to
the affected individuals or families. Many
individuals and families have been forced to
abandon their homes due to the damage
associated with Hurricane Fiona. The waiver
will allow CDBG grantees, including grantees
providing assistance to evacuees outside the
declared-disaster areas, to pay for the basic
daily needs of individuals and families
affected by the hurricane on an interim basis.
This authority is in effect through the end of
the grantee’s 2023 program year. This waiver
aligns with waivers currently in effect for
CDBG coronavirus (CDBG–CV) grants. The
six-month periods allowed by waiver for
CDBG and CDBG–CV shall not be used
consecutively for the same beneficiary.
Contact: Robert C. Peterson, Director, State
and Small Cities Division, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402–4211.
• Regulation: 24 CFR 91.105(c)(2) and (k),
24 CFR 91.115(c)(2) and (i), and 24 CFR
91.401.
Project/Activity: Any participating
jurisdiction or grantee located in the
declared-disaster area (see FEMA–DR–4671–
PR) affected by Hurricane Fiona.
Nature of Requirement: This provision
allows a CPD grantee to amend an approved
consolidated plan in accordance with 24 CFR
91.505. Substantial amendments to the
consolidated plan, such as the addition of
new activities or a change in the use of grant
funds from one eligible activity to another,
are subject to the citizen participation
process in the grantee’s citizen participation
plan. The citizen participation plan must
provide citizens with 30 days to comment on
substantial amendments. The regulations
require the grantee to follow its citizen
participation plan to provide citizens with
reasonable notice and opportunity to
comment. The citizen participation plan
must state how reasonable notice and
opportunity to comment will be given.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: Given the need to expedite
actions to respond to damage caused by
Hurricane Fiona, HUD waives the 30-day
public comment requirement of 24 CFR
91.105(c)(2) and (k), 91.115(c)(2), and (i), and
91.401, and reduces the public comment
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period to no less than seven days. In
reducing the comment period to seven days,
HUD is balancing the need to quickly assist
families dealing with the effects of Hurricane
Fiona while continuing to provide reasonable
notice and opportunity for citizens to
comment on the proposed uses of CDBG,
HOME, HTF, HOPWA, and ESG funds.
In addition, HUD recognizes the
destruction wrought by Hurricane Fiona
makes it difficult for impacted jurisdictions
within the declared-disaster areas to provide
notice to citizens in accordance with their
citizen participation plans. Therefore, HUD
waives 24 CFR 91.105(c)(2) and (k) and 24
CFR 91.115(c)(2) and (i) to allow these
grantees to determine what constitutes
reasonable notice and opportunity to
comment given their circumstances.
Applicability: This authority is in effect for
grantees within the declared-disaster areas
through the end of the grantee’s 2022
program year and is limited to facilitating
preparation of FY 2022 Plan substantial
amendments and substantial amendments to
prior year plans.
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)
708–2684.
• Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4671–
PR).
Nature of Requirement: These sections of
the HOME regulation require initial income
determinations for HOME beneficiaries by
examining source documents covering the
most recent two months. Many families
whose housing was destroyed or damaged by
Hurricane Fiona will not have any
documentation of income and will not be
able to qualify for HOME assistance if the
requirement remains effective.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver permits the
participating jurisdiction to use selfcertification of income, as provided in
§ 92.203(a)(1)(ii), in lieu of source
documentation to determine eligibility for
HOME assistance of persons displaced by
Hurricane Fiona.
Applicability: This waiver applies only to
families displaced by the disaster (as
documented by FEMA registration) whose
income documentation was destroyed or
made inaccessible by Hurricane Fiona and
remains in effect for six months from
September 27, 2022. The participating
jurisdiction or, as appropriate, HOME project
owner, is required to maintain: (1) a record
of FEMA registration to demonstrate that a
family was displaced by Hurricane Fiona;
and (2) a statement signed by appropriate
family members certifying to the family’s size
and annual income and that the family’s
income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
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Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.209(e), (h)(1), and
(i).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4671–
PR).
Nature of Requirement: Section 92.209(e)
requires that the term of a HOME TBRA
contract made with a landlord begin on the
first day of the lease. Section 92.209(h)(1)
limits the subsidy that a participating
jurisdiction may pay toward a TBRA
recipient’s rent to the difference between the
participating jurisdiction’s rent standard for
the unit size and 30 percent of the family’s
monthly adjusted income. Section 92.209(i)
requires that units occupied by TBRA
recipients meet the housing quality standards
established in 24 CFR 982.401.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: Suspending these
provisions will provide the participating
jurisdiction with greater flexibility to use
tenant-based rental assistance as an
emergency housing resource.
Applicability: The requirement in 24 CFR
92.209(e) that the start date of a TBRA
contract begin on the first day of the term of
a tenant’s lease is waived for TBRA contracts
a participating jurisdiction executes for
persons or families displaced by Hurricane
Fiona for a period of 24 months after
September 27, 2022. The provision of 24 CFR
92.209(h)(1) imposing the maximum amount
of TBRA assistance a participating
jurisdiction may provide to a family under
HOME TBRA is waived for TBRA recipients
who are displaced by Hurricane Fiona for a
period of 24 months after September 27,
2022. The waiver of the housing quality
standards requirements at 24 CFR 92.209(i)
applies to units leased by TBRA recipients
who were displaced by Hurricane Fiona and
are being assisted through a HOME TBRA
program funded by the participating
jurisdiction for a period of 24 months after
September 27, 2022.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.218 and
92.222(b).
Project/Activity: Any participating
jurisdiction located in the declared-disaster
areas (see FEMA–DR–4671–PR).
Nature of Requirement: This provision
requires all HOME participating jurisdictions
to contribute throughout the fiscal year to
housing that qualifies as affordable housing
under the HOME program. The contributions
must total no less than 25 percent of the
HOME funds drawn from the participating
jurisdiction’s HOME Investment Trust Fund
Treasury account. Reducing the match
requirement for the participating jurisdiction
by 100 percent for FY 2022 and FY 2023 will
eliminate the need for the participating
jurisdiction to identify match for HOME
projects related to the damage caused by
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Hurricane Fiona. The requirement that the
participating jurisdiction must submit a copy
of the Presidential major disaster-declaration
is waived.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: Given the urgent housing
needs created by Hurricane Fiona and the
substantial financial impact the participating
jurisdiction will face in addressing those
needs, the approval of a match reduction will
relieve the participating jurisdiction from the
need to identify and provide matching
contributions to HOME projects.
Applicability: This match reduction
applies to funds expended by a participating
jurisdiction located in the declared-disaster
areas from October 1, 2021, through
September 30, 2023. The suspension also
applies to State-funded HOME projects
located in declared-disaster areas.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4671–
PR) .
Nature of Requirement: This provision
requires that housing assisted with HOME
funds meet property standards based on the
activity undertaken, i.e., homebuyer
assistance, and state and local standards and
codes or model codes for rehabilitation and
new construction.
Property standard requirements are waived
for repair of properties damaged by
Hurricane Fiona. Units must meet State and
local health and safety codes. The lead
housing safety regulations established in 24
CFR part 35 are not waived. Also,
accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver is required to
enable the participating jurisdiction to meet
the critical housing needs of families whose
housing was damaged and families who were
displaced by Hurricane Fiona.
Applicability: This waiver applies only to
housing units located in the declared-disaster
areas which were damaged by the disaster
and to which HOME funds are committed
within two years of September 27, 2022.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4671–
PR).
Nature of Requirement: This section of the
HTF regulation requires initial income
determinations for HTF beneficiaries by
examining source documents covering the
most recent two months. Many families
whose homes were destroyed or damaged by
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Hurricane Fiona will not have any
documentation of income and will not be
able to qualify for HTF assistance if the
requirement remains effective.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver permits the
grantee to use self-certification of income, as
provided in section 93.151(d)(2), for HTF
assisted units in lieu of source
documentation to determine initial eligibility
of persons displaced by Hurricane Fiona.
Applicability: This waiver applies only to
families displaced by the disaster (as
documented by FEMA registration) whose
income documentation was destroyed or
made inaccessible by Hurricane Fiona and
remains in effect for six months from
September 27, 2022. The grantee or, as
appropriate, HTF project owner, is required
to maintain: (1) a record of FEMA registration
to demonstrate that a family was displaced
by Hurricane Fiona; and (2) a statement
signed by appropriate family members
certifying to the family’s size and annual
income and that the family’s income
documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: The cities of Bakersfield,
California, El Monte, California, and Los
Angeles, 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 22nd Street Lofts,
88th & Vermont, the Metro Family Housing
project, and Ybarra Village, four HOMEassisted projects.
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: Jemine A. Bryon, Acting
General Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 18, 2022.
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 nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
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• Regulation: 24 CFR 92.252(d)(1) Utility
Allowance Requirements.
Project/Activity: Marin 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
Centertown 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: Jemine A. Bryon, Acting
General Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 18, 2022.
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 nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: The State of Georgia
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
Providence at Parkway Village 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: Jemine A. Bryon, Acting
General Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 18, 2022.
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 nonHOME 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
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Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: The State of North Dakota
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
Monterey Apartments and Winterland
Apartments, two HOME-assisted projects.
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: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 29, 2022.
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 nonHOME 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)
708–2684.
• Regulation: 24 CFR 574.310(b)(2)(iii),
Space and Security.
Project/Activity: City of Tampa, FL; State of
Arkansas; City of Denver, CO; State of
Connecticut; City of Salt Lake City, UT; City
of Los Angeles, CA; State of Hawaii; City of
Las Vegas, NV.
Nature of Requirement: This section of the
HOPWA regulations provides that each
resident must be afforded adequate space and
security for themselves and their belongings.
Granted By: Jemine A. Bryon, Deputy
Assistant Secretary for Special Needs.
Date Granted: July 1, 2022–September 30,
2022.
Reason Waived: In 2020, CPD began
issuing waivers of regulatory authority
available on a nationwide basis with a
simplified opt-in process to help recipients
prevent and mitigate the spread of COVID–
19. Between March 31, 2020, and December
30, 2021, CPD published several memoranda
announcing nationwide availability of
regulatory waivers. Under Notice CPD–22–
09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to
apply for certain regulatory waivers to
provide continued flexibility during the
COVID–19 pandemic and pandemic
recovery.
Notice CPD–22–09 provided expedited
processing of requests to waive 24 CFR
574.310(b)(2)(iii), so that grantees and project
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sponsors operating housing facilities and
shared housing arrangements can place more
than two people in a room or reconfigure
rooms, common areas and other appropriate
spaces for temporary quarantine services of
eligible individuals and families affected by
COVID–19. Notice CPD–22–09 required
grantees to justify in the waiver request why
the grantee or project sponsor cannot provide
adequate space and security in accordance
with the standard provided at 24 CFR
574.310(b)(2)(iii). The waiver request must
also specify the period during which the
grantee needs to use this waiver and that
effective period must not extend beyond
March 31, 2023.
Contact: Amy Palilonis, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (202) 402–5916,
amy.l.palilonis@hud.gov.
• Regulation: 24 CFR 574.330(a)(1), Time
Limits for Short-Term Housing Facilities and
Short-Term Rent, Mortgage, and Utility
Payments.
Project/Activity: City of Kansas City, MO;
City of Cincinnati, OH; State of Louisiana;
City of Tampa, FL; State of Florida; City of
Boston, MA; State of Arkansas; State of
Connecticut; City of Fort Lauderdale, FL;
State of Hawaii; State of Kansas; City of Salt
Lake City, UT; State of Wisconsin; State of
Georgia; City of Oakland, CA; City of New
York City, NY; City of Dallas, TX; City of Los
Angeles, CA; State of New York; City of
Richmond, VA; City of Denver, CO; State of
Kentucky; City of Las Vegas, NV;
Commonwealth of Puerto Rico.
Nature of Requirement: This section of the
HOPWA regulations limits the total amount
of time an eligible individual or family can
reside in a short-term supported housing
facility to no more than 60 days during any
six-month period. It also limits the ShortTerm Rent, Mortgage, and Utility (STRMU)
payments to prevent the homelessness of the
tenant or mortgagor of a dwelling to no more
than 21 weeks in any 52-week period.
Granted By: Jemine A. Bryon, Deputy
Assistant Secretary for Special Needs.
Date Granted: July 1, 2022–September 30,
2022.
Reason Waived: In 2020, CPD began
issuing waivers of regulatory authority
available on a nationwide basis with a
simplified opt-in process to help recipients
prevent and mitigate the spread of COVID–
19. Between March 31, 2020, and December
30, 2021, CPD published several memoranda
announcing nationwide availability of
regulatory waivers. Under Notice CPD–22–
09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to
apply for certain regulatory waivers to
provide continued flexibility during the
COVID–19 pandemic and pandemic
recovery.
Notice CPD–22–09 provided expedited
processing of grantee requests to waive the
21-week and 60-day limitations in 24 CFR
574.330(a)(1). In utilizing the waiver, the
grantee or project sponsor must document,
on an individual household basis, that a good
faith effort has been made to assist the
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household to achieve housing stability
within the time limits specified in the
regulations, but that financial needs or health
and safety concerns have prevented the
household from doing so. The grantee or
project sponsor must also have written
policies and procedures outlining efforts to
regularly re-assess the needs of assisted
households, as well as processes for granting
extensions based on documented financial
needs or health and safety concerns. The
waiver request must specify the alternative
limits to be used in place of the 21- week and
60-day limit as applicable, and those limits
must not exceed 52 weeks and 120 days,
respectively and specify the period during
which the grantee needs to use this waiver
and that effective period must not extend
beyond March 31, 2023.
Contact: Amy Palilonis, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (202) 402–5916,
amy.l.palilonis@hud.gov.
• Regulation: 24 CFR 574.530, SelfCertification of Income and Credible
Information on HIV Status.
Project/Activity: Maui AIDS Foundation;
City of Kansas City, MO; City of Cincinnati,
OH; State of Louisiana; City of Tampa, FL;
City of Boston, MA; State of Arkansas; State
of Connecticut; City of Salt Lake City, UT;
State of Wisconsin; Chicago House and
Social Service Agency; City of Denver, CO;
City of New York City, NY; City of Los
Angeles, CA; State of New York;
Commonwealth of Puerto Rico; State of
Georgia; State of Hawaii; City of Las Vegas,
NV.
Nature of Requirement: HOPWA grantees
and project sponsors must maintain records
to document compliance with HOPWA
requirements, which includes determining
the eligibility of a family to receive HOPWA
assistance.
Granted By: Jemine A. Bryon, Deputy
Assistant Secretary for Special Needs.
Date Granted: July 1, 2022–September 30,
2022.
Reason Waived: In 2020, CPD began
issuing waivers of regulatory authority
available on a nationwide basis with a
simplified opt-in process to help recipients
prevent and mitigate the spread of COVID–
19. Between March 31, 2020, and December
30, 2021, CPD published several memoranda
announcing nationwide availability of
regulatory waivers. Under Notice CPD–22–
09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to
apply for certain regulatory waivers to
provide continued flexibility during the
COVID–19 pandemic and pandemic
recovery.
Notice CPD–22–09 provided expedited
processing of requests to waive the
requirement at 24 CFR 574.530 to have
source documentation of HIV status at the
time of the determination of eligibility. In
utilizing the waiver, grantees and project
sponsors may accept written certification of
HIV status and income to document
eligibility of an individual or family seeking
assistance if the grantee or project sponsor
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agrees to obtain source documentation of HIV
status and income eligibility within 90 days
of obtaining the written certification.
Grantees and project sponsors must provide
justification as to why source documentation
cannot be acquired at the time of the
eligibility determination. The waiver request
must specify the period during which the
grantee needs to use this waiver and that
effective period must not extend beyond
March 31, 2023.
Contact: Amy Palilonis, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (202) 402–5916,
amy.l.palilonis@hud.gov.
I. Mega-Waiver for Hurricane Fiona—
Continuum of Care (CoC) Program
On September 27, 2022, Principal Deputy
Assistant Secretary Marion McFadden issued
a memorandum offering waivers of certain
statutory and regulatory requirements
associated with several Community Planning
and Development (CPD) grant programs to
address damage and facilitate recovery from
Hurricane Fiona in areas covered by a major
disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4671–PR, dated September 21, 2022, and
as may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for CoC Program
Recipients. The September 27, 2022,
memorandum was updated on December 8,
2022, to clarify the documentation
requirements to support the use of some
waivers to assist impacted individuals and
provide greater clarity on the use of some
waivers outside of the declared disaster area.
CoC—Permanent Housing Rapid Re-Housing
Limit to 24 Months of Rental Assistance
• Regulation: 24 CFR 578.37(a)(1)(ii), 24
CFR 578.37(a)(1)(ii)(C), and 24 CFR
578.51(a)(1)(i).
Project/Activity: For two years from
September 27, 2022 the 24-month limit on
rental assistance is waived for individuals
and families who meet the following criteria.
(1) The individual or family lives in a
declared-disaster area or was displaced from
a declared-disaster area as a result of the
disaster; and (2) the individual or family is
currently receiving rental assistance or begins
receiving rental assistance within two years
after the date of the memorandum.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.37(a)(1)(ii) and 24
CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24
CFR 578.37(a)(1)(ii) and 24 CFR
578.37(a)(1)(ii)(C) limits rapid re-housing
projects to medium-term rental assistance, or
no more than 24 months.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the 24-month cap
on rapid re-housing rental assistance will
assist individuals and families affected by the
disaster, including those already receiving
rental assistance as well as those who will
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receive rental assistance within 2 years of the
date of the memorandum, to maintain stable
permanent housing in another area and help
them return to their hometowns, as desired,
when additional permanent housing becomes
available. It will also provide additional time
to stabilize individuals and families in
permanent housing where vacancy rates are
extraordinarily low due to the disaster.
Experience with prior disasters has shown us
some program participants need additional
months of rental assistance to identify and
stabilize in housing of their choice, which
can mean moving elsewhere until they are
able to return to their hometowns.
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.
CoC—One Year Lease Requirement
• Regulation: 24 CFR 578.3, definition of
permanent housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease
requirement is waived for two years
beginning on September 27, 2022, for
program participants living in a declareddisaster area or program participants
displaced from a declared-disaster area as a
result of the disaster, so long as the initial
lease term of all leases is for more than one
month, and the leases are renewable for
terms that are a minimum of one month long
and the leases are terminable only for cause.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.3, definition of
permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in
permanent housing to be the tenant on a
lease for a term of one year that is renewable
and terminable only for cause.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the one-year lease
requirement will allow program participants
receiving PSH or RRH assistance under the
CoC Program to enter leases that have an
initial term of less than one year, so long as
the leases have an initial term of more than
one month. While some program participants
desire to identify new housing, many
program participants displaced during the
disaster desire to return to their original
permanent housing units when repairs are
complete because of proximity to schools and
access to public transportation and services.
Additionally, it will permit new program
participants to identify permanent housing
units in a tight rental market where many
landlords prefer lease terms of less than one
year and might not be willing to alter their
policies regarding the length of lease terms
when considering permanent housing
applicants. Therefore, HUD had determined
that waiving the one-year lease requirement
will improve the housing options available to
program participants in permanent housing
projects.
Contact: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
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Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone
number (202) 708–4300.
CoC—One-Time Limit on Moving Costs
• Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on
moving costs of program participants is
waived for two years beginning on September
27, 2022, for program participants living in
a declared-disaster area or program
participants displaced from a declareddisaster area as a result of the disaster.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.53(e)(2) limits
recipients of supportive service funds to
using those funds to pay for moving costs to
provide reasonable moving assistance,
including truck rental and hiring a moving
company, to only one-time per program
participant.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving this provision
will permit recipients to pay for reasonable
moving costs for program participants more
than once and will assist program
participants affected by the disaster as well
as those who become homeless in the areas
impacted by the disaster to stabilize in
housing locations of their choice. Many
current program participants received
assistance moving into their assisted units
prior to being displaced by the disaster, and
experience with prior disasters has shown us
some program participants will need
additional assistance moving to a new unit
while others will need assistance moving
back to their original units after repairs are
completed. Further, until the housing market
stabilizes, experience has shown many
program participants will need to move more
than once during their participation in a
program to find a unit that best meets their
needs.
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.
CoC—Fair Market Rent (FMR) Cap on Rent
Paid With Leasing Funds
• Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is
waived for any lease executed by a recipient
or subrecipient in declared-declared areas to
provide transitional or permanent supportive
housing during the 2-year period beginning
on September 27, 2022. The affected
recipient or subrecipient must still ensure
that rent paid for individual units that are
leased with CoC Program leasing dollars meet
the rent reasonableness standard in 24 CFR
578.49(b)(2) meaning the rent paid must be
reasonable in relation to rents being charged
for comparable units, taking into account the
location, size, type, quality, amenities,
facilities, and management services.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.49(b)(2) prohibits a
recipient from using grant funds for leasing
to pay above FMR when leasing individual
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units, even if the rent is reasonable when
compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the limit on using
leasing funds to pay above FMR for
individual units above FMR, but not greater
than reasonable rent, will provide recipients
and subrecipients with more flexibility in
identifying housing options for program
participants in declared-declared areas. The
rental markets in areas impacted by disasters
are often more expensive after the disaster
due to decreased housing stock and increased
rents. These more expensive rents are not
reflected in the HUD-determined FMRs.
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.
CoC—Disability Documentation for
Permanent Supportive Housing (PSH)
• Regulation: 24 CFR 578.103(a) and 24
CFR 578.103(a)(4)(i)(B).
Project/Activity: The requirement that
intake-staff recorded observations of
disability be confirmed and accompanied by
other evidence no later than 45 days from the
date of application for assistance is waived
for any program participant admitted into
PSH funded by the CoC program one-year
from September 27, 2022, so long as (1) the
intake-staff records observations of disability
in the client file at time of application; or (2)
the individual seeking assistance provides
written certification that they have a
qualifying disability is provided at time of
application.
Nature of Requirement: 24 CFR 578.103(a)
requires recipient to maintain records
providing evidence they met program
requirements and 24 CFR 578.103(a)(4)(i)(B)
establishes the requirements for documenting
disability for individuals and families that
meet the ‘‘chronically homeless’’ definition
in 24 CFR 578.3. Acceptable evidence of
disability includes intake-staff recorded
observations of disability no later than 45
days from the date of application for
assistance, which is confirmed and
accompanied by evidence in paragraphs 24
CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5).
HUD is waiving the requirement to obtain
additional evidence to confirm staff-recorded
observations of disability.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the requirement
to obtain additional evidence of disability as
provided in 24 CFR 578.103(a)(4)(i)(B)(4)) as
specified below will allow recipient to house
people impacted by Hurricane Fiona by
relying on intake staff-recorded observations
of disability or a written self-certification by
the program participant. This will help
individuals and families with disabilities to
expeditiously receive needed housing
assistance when paperwork from the Social
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Security Administration or medical
professionals cannot be quickly obtained.
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.
II. Mega-Waiver for Hurricane Fiona—
Emergency Solutions Grants (ESG) Program
On September 27, 2022, Principal Deputy
Assistant Secretary Marion McFadden issued
a memorandum offering waivers of certain
statutory and regulatory requirements
associated with several Community Planning
and Development (CPD) grant programs to
address damage and facilitate recovery from
Hurricane Fiona in areas covered by a major
disaster declaration under title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4671–PR, dated September 21, 2022, and
as may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for ESG Program
Recipients.
ESG—Citizen Participation Public Comment
Period for Consolidated Plan Amendment
• Regulation: 24 CFR 91.105(c)(2); 24 CFR
91.105(k) and 24 CFR 91.115(c)(2) and 24
CFR 91.115(i)—30-day Public Comment
Period for Consolidated Plan Amendment.
Project/Activity: Many individuals and
families residing in the declared-disaster area
were affected, including the current
beneficiaries of the ESG Program and families
eligible to receive ESG assistance. The state
has inquired about the availability of certain
regulatory waivers of ESG Program
requirements to facilitate recovery and assist
individuals and families affected by the
disaster. This authority is in effect through
the end of the 2022 program year for grantees
within the declared-disaster areas.
Nature of Requirement: An ESG Program
recipient may amend an approved
consolidated plan in accordance with 24 CFR
91.505. Substantial amendments to the
consolidated plan, such as the addition of
new activities or a change in the use of ESG
Program funds from one eligible activity to
another, are subject to the citizen
participation process in the recipient’s
citizen participation plan. The citizen
participation plan must provide citizens with
30 days to comment on substantial
amendments.
Regulations at 24 CFR 91.105(c)(2) and (k)
and 24 CFR 91.115 (c)(2) and (i) set forth the
citizen participation plan requirements for
local governments and states, respectively.
For substantial amendments to the
consolidated plan, the regulations require the
recipient to follow its citizen participation
plan to provide citizens, for both local
government and state plans, and units of
general local government, for state plans,
with reasonable notice and opportunity to
comment. The citizen participation plan
must state how reasonable notice and
opportunity to comment will be given.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
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Date Granted: September 27, 2022.
Reason Waived: HUD recognizes the
destruction wrought by Hurricane Fiona
makes it difficult for impacted jurisdictions
within the declared-disaster areas to provide
notice to citizens in accordance with their
citizen participation plans. Therefore, HUD
waives 24 CFR 91.105(c)(2) and (k) and 24
CFR 91.115(c)(2) and (i) to allow these
grantees to determine what constitutes
reasonable notice and opportunity to
comment given their circumstances.
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.
ESG—Term Limits on Rental Assistance and
Housing Relocation and Stabilization
Services
• Regulation: 24 CFR 576.106(a); 24 CFR
576.105(a)(5); and 24 CFR 576.105(b)(2)—
Term limits on Rental Assistance and
Housing Relocation and Stabilization
Services.
Project/Activity: The 24-month limits on
rental assistance and housing relocation and
stabilization services are waived for
individuals and families who meet both of
the following criteria: (1) the individual or
family lives in a declared-disaster area or was
displaced from a declared-disaster area as a
result of Hurricane Fiona; and (2) the
individual or family is currently receiving
rental assistance or housing relocation
stabilization services or begins receiving
rental assistance or housing relocation and
stabilization services within two years after
the date of the memorandum. For these
individuals and families, ESG funds may be
used to provide up to 36 consecutive months
of rental assistance, utility payments, and
housing stability case management, in
addition to the 30 days of housing stability
case management that may be provided
before the move into permanent housing
under 24 CFR 576.105(b)(2). HUD will also
consider further waiver requests to allow
assistance to be provided for longer than
three years, if the recipient demonstrates
good cause.
Nature of Requirement: The ESG regulation
at 24 CFR 576.106(a) prohibits a program
participant from receiving more than 24
months of ESG rental assistance during any
3-year period. Section 576.105(a)(5) prohibits
a program participant from receiving more
than 24 months of utility payments under
ESG during any 3-year period. Section
576.105(b)(2) limits the provision of housing
stability case management to 30 days while
the program participant is seeking permanent
housing and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the 24-month
caps on rental assistance, utility payments,
and housing stability case management
assistance will assist individuals and
families, both those already receiving
assistance and those who will receive
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assistance subsequent to the date of the
memorandum to maintain stable permanent
housing in place or in another area and help
them return to their hometowns, as desired,
when additional permanent housing is
available.
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.
ESG—Restriction of Rental Assistance to
Units With Rent at or Below Fair Market Rent
(FMR)
• Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is
waived for any rent amount that takes effect
during the two-year period beginning on
September 27, 2022, for any individual or
family who is renting or executes a lease for
a unit in a declared-disaster area. However,
the affected recipients and their
subrecipients must still ensure that the units
in which ESG assistance is provided to these
individuals and families meet the rent
reasonableness standard. HUD will consider
requests to waive the FMR restriction for rent
amounts that take effect after the two-year
period, if a recipient demonstrates good
cause.
Nature of Requirement: Under 24 CFR
576.106(d)(1), rental assistance cannot be
provided unless the total rent is equal to or
less than the FMR established by HUD, as
provided under 24 CFR part 888, and
complies with HUD’s standard of rent
reasonableness, as established under 24 CFR
982.507.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: HUD granted this waiver
to enable ESG recipients to meet the critical
housing needs of individuals and families
whose housing was damaged or who were
displaced as a result of Hurricane Fiona.
Waiving the FMR restriction will make more
units available to individuals and families in
need of permanent housing.
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.
ESG—Housing Standards
• Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing
standards at 24 CFR 576.403(c) are waived
for units in the declared disaster area that are
or will be occupied by individuals or families
eligible for ESG Rapid Re-housing or
Homelessness Prevention assistance,
provided that: 1. Each unit must still meet
applicable state and local standards; 2. Each
unit must be free of life-threatening
conditions as defined in Notice PIH 2017–20
(HA); and 3. Recipients must make sure all
units in which program participants are
assisted meet the ESG housing standards
within 60 days of September 27, 2022.
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Nature of Requirement: If ESG funds are
used to help a program participant remain in
or move into housing, the housing must meet
the minimum habitability standards provided
in 24 CFR 576.403(c).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: This waiver is needed to
enable ESG recipients to expeditiously meet
the critical housing needs of many eligible
individuals and families in the declared
disaster area.
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.
ESG—Shelter Standards
• Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter standards
at 24 CFR 576.403(b) are waived for shelters
in the declared disaster area that are or will
be occupied by individuals and families
eligible for ESG emergency shelter assistance,
provided that: (1) Each shelter must meet
applicable state and local standards; (2) Each
shelter must be free of life-threatening
conditions defined in Notice PIH 2017–20
(HA); and (3) Recipients ensure that these
shelters
Nature of Requirement: If ESG funds are
used for shelter operations costs, the shelter
must meet the minimum safety, sanitation
and privacy standards under 24 CFR
576.403(b). If ESG funds are used to convert
a building into a shelter, rehabilitation a
shelter, or otherwise renovate a shelter, the
shelter must meet the minimum safety,
sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local
government safety and sanitation standards.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: This waiver is needed to
enable ESG recipients to expeditiously meet
the critical emergency shelter needs of many
eligible individuals and families in the
declared disaster area.
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.
ESG—Limited Waiver of 24-Month
Expenditure Deadline for Rapid Re-Housing
and Homelessness Prevention Assistance and
Related Administrative and HMIS Costs
• Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline
is waived only for costs of providing
homelessness prevention and rapid rehousing assistance to individuals and
families under the flexibility provided by and
reasonable HMIS and administrative costs
related to that assistance. In addition, no
expenditure may be made or charged to any
grant on or after the date Treasury closes the
relevant account as provided by 31 U.S.C.
1552.
Nature of Requirement: Section 576.203(b)
of the ESG regulations requires all
expenditures under an ESG grant to be made
within 24 months after the date HUD signs
the grant agreement with the recipient. For
purposes of this requirement, expenditure
means either an actual cash disbursement for
a direct charge for a good or service or an
indirect cost, or the accrual of a direct charge
for a good or service or an indirect cost.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Providing a limited waiver
of the expenditure deadline as described in
the applicability paragraph below will
support recipients’ ability to assist
individuals and families as provided by
waivers 19 and 20 above.
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.
ESG—Assisting Program Participants With
Subleases
• Regulation: 24 CFR 576.105 and 24 CFR
576.106.
Project/Activity: The requirements in 24
CFR 576.105 and 576.106 are waived to the
extent that the references to ‘‘owner’’ and
‘‘lease’’ in 24 CFR 576.105 and 576.106
restrict an individual or family from
receiving assistance in a unit they rent from
the primary leaseholder, provided that all of
the following criteria are met: 1. The
individual or family lives in the declareddisaster area or was displaced from the
declared-disaster area as a result of Hurricane
Fiona; 2. The individual or family is
currently receiving ESG-funded rental
assistance as the leaseholder or housing
relocation stabilization services or begins
receiving rental assistance or housing
relocation stabilization services within two
years after September 27, 2022; 3. The
individual or family chooses to rent a unit
through a legally valid sublease or lease with
the primary leaseholder for the unit; and 4.
The recipient has developed written policies
to apply the requirements of 24 CFR 576.105,
24 CFR 576.106, 24 CFR 576.409, and 24 CFR
576.500(h) with respect to that program
participant by reading the references to
‘‘owner’’ and ‘‘housing owner’’ to apply to
the primary leaseholder and reading the
references to ‘‘lease’’ to apply to the program
participant’s sublease or lease with the
primary leaseholder.
Nature of Requirement: The use of
‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and
576.106 prohibit program participants from
receiving rental assistance under 24 CFR
576.106 and certain services under 24 CFR
576.105 with respect to units that program
participants rent from a person other than the
owner or the owner’s agent. Justification: By
increasing the permissible housing options
for program participations, this waiver would
allow the recipient to meet the critical
housing needs of more eligible individuals
and families in the declared disaster area.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: By increasing the
permissible housing options for program
participations, this waiver would allow the
recipient to meet the critical housing needs
of more eligible individuals and families in
the declared disaster area.
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.
III. Expedited COVID–19 Waivers (Notice
CPD–22–09)—CoC
CoC—Suitable Dwelling Size and Housing
Quality Standards—Permanent Housing—
Rapid Re-Housing Projects
• Regulation: 24 CFR 578.75(c), and 24
CFR 982.401(d)(2)(ii) as required by 24 CFR
578.75(b).
Nature of Requirement: 4 CFR 578.75(c),
suitable dwelling size, and 24 CFR
982.401(d)(2)(ii) as required by 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.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
lotter on DSK11XQN23PROD with NOTICES1
Project/activity
Date granted
Grantee
Grant Nos.
Erie County ...................................................
Project Community Connections, Inc ...........
PA0856L3E052004, PA0856L3E052105 ............................................................................
GA0314L4B002005, GA0278LB012006, GA0334L4B012004, GA0317L4B012005,
GA0327L4B082005.
SC0123L4E032106, SC0123L4E032005, SC0147L4E032104, SC0147L4E032003,
SC0148L4E032104, SC0148L4E032003, SC0166L4E032102, SC0166L4E032001,
SC0160D4E032103, SC0160D4E032002, SC0179D4E032100.
Eastern Carolina Housing Organization .......
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waived
7/1/2022
7/18/2022
A, B
A, B
7/25/2022
A
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Project/activity
Date granted
Grantee
Grant Nos.
Clark County Homeless Coalition, Inc ..........
The Kitchen, Inc ............................................
S.H.A.R.E. House, Inc ..................................
Lee County Board of County Commissioners.
Services for the Underserved, Inc ................
County of Kent ..............................................
Kentucky Housing Coalition ..........................
KY0204L4I001901 ...............................................................................................................
MO0187L7P002007, MO0208L7P002005 ..........................................................................
GA0295L4B012106 .............................................................................................................
FL0537L4D032107, FL0815L4D032102, FL0816L4D032102, FL0817L4D032102,
FL0818L4D032102.
NY1174L2T032104, NY1231L2T031901 ............................................................................
MI0173L5F062013, MI0173L5F062114, MI0174L5F062013, MI0174L5F062114 .............
KY0024L4I002114, KY0138L4I002005, KY0138L4I002106, KY0145L4I002005,
KY0150L4I002005, KY0151L4I002005, KY0151L4I002013, KY0152L4I002006,
KY0152L4I002107, KY0154L4I002005, KY0154L4I002106, KY0156L4I002005,
KY0156L4I002106.
PA0767L3T042005 .............................................................................................................
PA0808L3T092004, PA0808L3T092105, PA0887L3T092003, PA0887L3T092104,
PA0825L3T122004, PA0825L3T122105, PA0893L3T122003, PA0893L3T122104,
PA0924L3T082002, PA0924L3T082103, PA0970L3T112001, PA0970L3T112102,
PA0917L3T042002, PA0917L3T042103, PA0765L3T032005, PA0765L3T032106,
PA0687L3T042107.
NM0056L6B012112, NM0129D6B012103 ..........................................................................
OH0686Y5E002100, OH0683U5E002100, OH9999U5E002106 .......................................
GA0364L4B082003 .............................................................................................................
CA0534L9D012013 .............................................................................................................
KY0206D4I002002; KY0206D4I002103 .............................................................................
GA0418D4B002100 ............................................................................................................
CA1598L9D012105, CA1793D9D012103 ..........................................................................
MO0304L7E002001, MO0248L7E002003 ..........................................................................
IN0227Y5H031800, IN0228Y5H031800, IN0230Y5H031800, IN0186L5H032106,
IN0196L5H032105, IN0209L5H032104, IN0225D5H032102, IN0247L5H032100.
Pottstown Cluster of Religious Communities
Valley Youth House Committee ...................
Valencia Shelter Services .............................
Strategies to End Homelessness .................
Decatur Cooperative Ministry .......................
San Diego Housing Commission ..................
Barren River Area Safe Space, Inc ..............
Partners for HOME .......................................
Community Resource Center .......................
St. Louis County, MO ...................................
City of Indianapolis .......................................
Reasons
waived
8/16/2022
8/16/2022
8/16/2022
8/16/2022
A
A
A
A, B
8/16/2022
8/18/2022
8/17/2022
A
A
A
8/24/2022
8/24/2022
A, B
A
8/24/2022
8/24/2022
8/30/2022
9/7/2022
9/7/2022
9/9/2022
9/9/2022
9/9/2022
9/29/2022
A
A
A
A
A
A
A
A
A
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local data related to the pandemic’s impact that supports the waiver flexibility, the number of unassisted households living in units with more than two persons
per room in the geographic area).
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
Norm Suchar, Director, Office of Special
Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
CoC—Fair Market Rent for Individual Units
and Leasing Costs
• Regulation: 24 CFR 578.49(b)(2).
Nature of Requirement: 24 CFR
578.49(b)(2) prohibits a recipient from using
grant funds for leasing to pay above FMR
when leasing individual units, even if the
rent is reasonable when compared to other
similar, unassisted units.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022–09cpdn.pdf.
Grant Nos.
Mental Health Association of Tulsa, Inc .......
Erie County ...................................................
The Center of Concern .................................
EightCAP, Inc ...............................................
Society of St. Vincent de Paul, Council of
Louisville, Inc.
Keystone Opportunity Center .......................
Eastern Carolina Housing Organization .......
OK0114L6I012005, OK0114L6I012106, OK0043L6I012012, OK0043L6I012113 .............
PA0854L3E052004, PA0463L3E052110 ............................................................................
IL0275L5T112013, IL0275L5T112114 ................................................................................
MI0435L5F002007, MI0668L5F002001 ..............................................................................
KY0131L4I012108, KY0095L4I012012, KY0095L4I012113 ...............................................
7/1/2022
7/1/2022
7/8/2022
7/12/2022
7/15/2022
A, B
A
A
A
A
PA0625L3T042007, PA0625L3T042108 ............................................................................
SC0136L4E032105, SC0136L4E032004, SC0034L4E032114, SC0034L4E032013,
SC0147L4E032104, SC0147L4E032003, SC0148L4E032104, SC0148L4E032003,
SC0160D4E032103, SC0160D4E032002, SC0179D4E032100.
AZ0022L9T002013, AZ0022U9T002114 ............................................................................
AL0131L4C012005, AL0028L4C012013, AL0037L4C012013 ...........................................
MI0315L5F062111, MI0345L5F062110, MI0412L5F062007, MI0412L5F062108,
MI0578L5F062003, MI0578L5F062104, MI0650D5F062001, MI0650D5F062102.
FL0247L4D012114, FL0192L4D002013 .............................................................................
OK0127L6I022004, OK0127L6I022105, OK0052L6I022109 .............................................
FL0275L4D052012 ..............................................................................................................
KY0204L4I001901 ...............................................................................................................
MO0182L7P002007 ............................................................................................................
TX0285L6T002009 ..............................................................................................................
RI0003L1T002013, RI0003L1T002114, RI0030L1T002013 ...............................................
MI0327L5F232009, MI0327L5F232110 ..............................................................................
MI0173L5F062013, MI0173L5F062114, MI0174L5F062013, MI0174L5F062114 .............
KY0027L4I002013, KY0027L4I002114, KY0022L4I002013, KY0022L4I002114,
KY0012L4I002013, KY0012L4I002114, KY0155L4I002005, KY0155L4I002106,
KY0113L4I002008, KY0113L4I002109, KY0157L4I002005, KY0157L4I002106,
KY0121L4I002009, KY0121L4I002110, KY00304LI002114, KY0106L4I002110,
KY0013L4I002114, KY0039L4I002013, KY0014L4I002114.
IL0237L5T112012, IL0252L5T112013, IL0237L5T112113, IL0252L5T112114 .................
PA0883L3T092003, PA0883L3TO92104 ...........................................................................
PA0893L3T122003, PA0893L3T122104, PA0917L3T042002, PA0917L3T042103 ..........
OH0686Y5E002100, OH0683U5E002100, OH9999U5E002106 .......................................
7/18/2022
7/25/2022
A, B
A, B
7/25/2022
8/1/2022
8/1/2022
A, B
A, B
A
8/1/2022
8/1/2022
8/1/2022
8/16/2022
8/16/2022
8/16/2022
8/16/2022
8/16/2022
8/18/2022
8/17/2022
B
A,
B
A
A,
A,
A,
A,
A,
A,
8/17/2022
8/24/2022
8/24/2022
8/24/2022
B
B
B
A, B
Volunteers of America of Florida, Inc. ..........
City of Oklahoma ..........................................
Families First of Palm Beach County ...........
Clark County Homeless Coalition, Inc ..........
The Kitchen, Inc ............................................
Family Gateway ............................................
Crossroads Rhode Island .............................
Housing Services Mid Michigan ...................
County of Kent ..............................................
Kentucky Housing Coalition ..........................
Together We Cope .......................................
Wayne County CoC ......................................
Valley Youth House Committee ...................
Strategies to End Homelessness .................
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Date granted
Reasons
waived
Grantee
Arizona Department of Housing ...................
Housing First Inc ...........................................
Community Rebuilders .................................
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Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone
number (202) 708–4300.
E:\FR\FM\10FEN1.SGM
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B
B
B
B
B
B
B
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Grantee
Grant Nos.
Thresholds ....................................................
IL0554L5T112107, IL0578L5T102107, IL0417L5T022110, IL0577L5T102007,
IL0577L5T102108, IL0002L5T002013, IL0002L5T002114, IL1675L5T002001,
IL1675L5T002102.
NY0528L2T032013 .............................................................................................................
OH0383L5E072108 .............................................................................................................
GA0364L4B082003 .............................................................................................................
KY0048L4I012011, KY0048L4I012112, KY0050L4I012114, KY0061L4I012114,
KY0097L4I012113, KY0099L4I012012, KY0099L4I012113, KY0124L4I012009,
KY0124L4I012110, KY0173L4I012004, KY0173L4I012105.
OK0060L6I012112 ..............................................................................................................
MI0248L5F152012 ..............................................................................................................
MO0003L7E002012, MO0106L7E002010 ..........................................................................
OH0469L5E072105 .............................................................................................................
IL0053L5T112114 ...............................................................................................................
IN0073L5H032114 ..............................................................................................................
GU0018L9C002007, GU0018L9C002108 ..........................................................................
Concern for Independent Living ...................
Findlay Hope House for the Homeless, Inc
Decatur Cooperative Ministry .......................
Coalition for the Homeless ...........................
Volunteers of America Oklahoma .................
Monroe County Opportunity Program ..........
St. Louis County, MO ...................................
OneEighty .....................................................
Connections for the Homeless, Inc ..............
City of Indianapolis .......................................
Guam Housing & Urban Renewal ................
Date granted
Reasons
waived
8/25/2022
B
8/31/2022
8/30/2022
8/30/2022
9/9/2022
B
B
B
B
9/7/2022
9/9/2022
9/9/2022
9/23/2022
9/23/2022
9/29/2022
9/29/2022
B
A,
A,
A,
B
B
A,
B
B
B
B
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates, low vacancy rates).
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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 and 24 CFR
578.51(l)(1).
Nature of Requirement: 24 CFR 578.3,
definition of permanent housing, and 24 CFR
578.51(l)(1) requires program participants
residing in permanent housing to be the
tenant on a lease for a term of at least one
year that is renewable and terminable for
cause.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Grantee
Grant Nos.
Erie County ...................................................
PA0331L3E052013, PA0331L3E052114, PA0854L3E052004, PA0856L3E052004,
PA0856L3E052105, PA0463L3E052110.
TN0241L4J012106 ..............................................................................................................
GA0314L4B002005, GA0278LB012006, GA0334L4B012004, GA0317L4B012005,
GA0327L4B082005.
CT0161L1E052009, CT0022L1E052013, CT0054L1E052013, CT0062L1E052013,
CT0070L1E052013, CT0073L1E052013, CT0089L1E052013, CT0164L1E052011,
CT0035L1E032013, CT0061L1E052013, CT0211L1E052008, CT0011L1E052013,
CT0013L1E052013, CT0131L1E052012, CT0151L1E052012, CT0212L1E052009,
CT0246L1E052007, CT0265L1E052006, CT0285L1E032005, CT0286L1E052005,
CT0297L1E052004, CT0328L1E032002, CT0329L1E032002, CT0340L1E052001,
CT0077L1E052013, CT0162L1E052006, CT0034L1E032013, CT0176L1E052009,
CT0052L1E052013, CT0129L1E052012, CT0142L1E052012, CT0154L1E052010,
CT0172L1E052008, CT0185L1E052010, CT0200L1E052009, CT0204L1E052009,
CT0210L1E032009, CT0076L1E052013, CT0053L1E052013, CT0141L1E052012,
CT0104L1E032013, CT0324L1E032002, CT0012L1E052013, CT0023L1E052013,
CT0135L1E052012, CT0237L1E052008, CT0161L1E052110, CT0022L1E052114,
CT0054L1E052114, CT0062L1E052114, CT0070L1E052114, CT0073L1E052114,
CT0089L1E052114, CT0164L1E052112, CT0035L1E032114, CT0061L1E052114,
CT0211L1E052109, CT0011L1E052114, CT0013L1E052114, CT0131L1E052113,
CT0151L1E052012, CT0212L1E052009, CT0246L1E052108, CT0265L1E052107,
CT0285L1E032106, CT0286L1E052106, CT0297L1E052105, CT0328L1E032103,
CT0329L1E032103, CT0340L1E052102, CT0077L1E052114, CT0034L1E032114,
CT0176L1E052110, CT0052L1E052114, CT0129L1E052113, CT0142L1E052113,
CT0154L1E052111, CT0172L1E052109, CT0185L1E052111, CT0200L1E052110,
CT0204L1E052110, CT0210L1E032110, CT0076L1E052114, CT0053L1E052114,
CT0141L1E052113, CT0104L1E032114, CT0324L1E032103, CT0012L1E052114,
CT0023L1E052114, CT0135L1E052113, CT0237L1E052109, CT0355L1E052100.
SC0136L4E032105, SC0136L4E032004, SC0123L4E032106, SC0123L4E032005,
SC0034L4E032114, SC0034L4E032013, SC0147L4E032104, SC0147L4E032003,
SC0148L4E032104, SC0148L4E032003, SC0166L4E032102, SC0166L4E032001,
SC0160D4E032103, SC0160D4E032002, SC0179D4E032100.
AL0131L4C012005, AL0028L4C012013, AL0037L4C012013 ...........................................
CT0059L1E052114, CT0272L1E052106, CT0261L1E052107 ..........................................
GA0295L4B012106 .............................................................................................................
MN0077L5K02114 ..............................................................................................................
FL0537L4D032107, FL0815L4D032102, FL0816L4D032102, FL0817L4D032102,
FL0818L4D032102.
PA0148L3T052114, PA0729L3T052106, PA0768L3T052106, PA0877L3T052104,
PA0919L3T052103, PA0990L3T052102, PA1025L3T052100.
CA1192L9T222007, CA0852L9T222009 ............................................................................
NY1174L2T032104, NY1231L2T031901 ............................................................................
NC0099L4F092113, NC0116L4F092110, NC0042L4F032114 ..........................................
Catholic Charities of West Tennessee .........
Project Community Connections, Inc ...........
Connecticut Department of Mental Health
and Addiction Service.
Eastern Carolina Housing Organization .......
lotter on DSK11XQN23PROD with NOTICES1
CoC—One-Year Lease Requirement
Housing First Inc. ..........................................
Community Renewal Team ..........................
S.H.A.R.E. House, Inc ..................................
Dakota County ..............................................
Lee County Board of County Commissioners.
Chester County Department of Community
Development.
Humboldt County ..........................................
Services for the Underserved, Inc ................
Partners Health management .......................
VerDate Sep<11>2014
17:41 Feb 09, 2023
Jkt 259001
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
Date granted
E:\FR\FM\10FEN1.SGM
10FEN1
Reasons
waived
7/1/2022
A, B
7/12/2022
7/18/2022
A, B
A
7/25/2022
A
7/25/2022
A, B
8/1/2022
8/16/2022
8/16/2022
8/16/2022
8/16/2022
A, B
A, B
A
A
A
8/16/2022
A
8/16/2022
8/16/2022
8/18/2022
A
A
A
8896
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
Grantee
Grant Nos.
Kentucky Housing Coalition ..........................
KY0110L4I002011, KY0110L4I002112, KY0145L4I002005, KY0027L4I002013,
KY0027L4I002114, KY0022L4I002013, KY0022L4I002114, KY0151L4I002005,
KY0151L4I002013, KY0150L4I002005, KY0012L4I002013, KY0012L4I002114,
KY0155L4I002005, KY0155L4I002106, KY0122L4I002005, KY0122L4I002106,
KY0154L4I002005, KY0154L4I002106, KY0156L4I002005, KY0156L4I002106,
KY0113L4I002008, KY0113L4I002109, KY0157L4I002005, KY0157L4I002106,
KY0138L4I002005, KY0138L4I002106, KY0152L4I002006, KY0152L4I002107,
KY0121L4I002009, KY0121L4I002110, KY0114L4I002010, KY0114L4I002111,
KY0105L4I002109, KY0105L4I002110, KY0021L4I002115, KY0020L4I002115,
KY0127L4I002109, KY00304LI002114, KY0026L4I002114, KY0024L4I002114,
KY0120L4I002105, KY0106L4I002110, KY0013L4I002114, KY0025L4I002114,
KY0123L4I002105, KY0014L4I002114.
IL0237L5T112012, IL0252L5T112013, IL0237L5T112113, IL0252L5T112114 .................
MO0245L7P061903, MO0209L7P001904, MO0210L7P021904 .......................................
PA0767L3T042005, PA0133L3T042013 ............................................................................
PA0808L3T092004, PA0808L3T092105, PA0887L3T092003, PA0887L3T092104,
PA0825L3T122004, PA0825L3T122105, PA0893L3T122003, PA0893L3T122104,
PA0924L3T082002, PA0924L3T082103, PA0989L3T042001, PA0989L3T042102,
PA0970L3T112001, PA0970L3T112102, PA0917L3T042002, PA0917L3T042103,
PA0765L3T032005, PA0765L3T032106, PA0687L3T042107.
NM0056L6B012112, NM0129D6B012103 ..........................................................................
IL0554L5T112107, IL0225L5T102114, IL0578L5T102107, IL0417L5T022110,
IL0577L5T102007, IL0577L5T102108, IL0002L5T002013, IL0002L5T002114,
IL1675L5T002001, IL1675L5T002102.
OR0036L0E012114 .............................................................................................................
PA0733L3T082005 .............................................................................................................
NY1232L2T032103 .............................................................................................................
GA0364L4B082003 .............................................................................................................
CA1602L9D012004, CA0534L9D012013, CA1208L9D0112007, CA1349L9D012006 .....
KY0206D4I002002; KY0206D4I002103 .............................................................................
KY0048L4I012011, KY0048L4I012112, KY0050L4I012114, KY0061L4I012114,
KY0097L4I012113, and KY0124L4I012009, KY0124L4I012110, KY0173L4I012004,
KY0173L4I012105.
CA1598L9D012105, CA1793D9D012103 ..........................................................................
MO0304L7E002001, MO0003L7E002012, MO0248L7E002012, MO0106L7E002010 .....
OH0469L5E072105 .............................................................................................................
IN0228Y5H031800, IN0230Y5H031800, IN0186L5H032106, IN0196L5H032105,
IN0209L5H032104, IN0225D5H032102, IN0247L5H032100.
Together We Cope .......................................
Catholic Charities of Southern Missouri .......
Pottstown Cluster of Religious Communities
Valley Youth House Committee ...................
Valencia Shelter Services .............................
Thresholds ....................................................
Home Forward ..............................................
Women’s Resource Center ..........................
Economic Opportunity Council of Suffolk .....
Decatur Cooperative Ministry .......................
San Diego Housing Commission ..................
Barren River Area Safe Space, Inc ..............
Coalition for the Homeless ...........................
Community Resource Center .......................
St. Louis County, MO ...................................
OneEighty .....................................................
City of Indianapolis .......................................
Date granted
Reasons
waived
8/17/2022
A
8/17/2022
8/24/2022
8/24/2022
8/24/2022
B
B
A
B
8/24/2022
8/25/2022
A
B
8/30/2022
8/30/2022
8/30/2022
8/30/2022
9/7/2022
9/7/2022
9/9/2022
B
A, B
B
B
A, B
B
A
9/9/2022
9/9/2022
9/23/2022
9/29/2022
A
A, B
A
A
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing
shortages, challenges securing 12-month leases due to landlord trepidation or low vacancy rates).
lotter on DSK11XQN23PROD with NOTICES1
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
CoC—Permanent Housing Rapid Re-Housing
Limit to 24 Months Rental Assistance
• Regulation: 24 CFR 578.37(a)(1)(ii), 24
CFR 578.51(a)(1)(i), 24 CFR 578.37(a)(1)(ii),
and 24 CFR 578.37(a)(1)(ii)(C).
Nature of Requirement: 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i)
defines medium term rental assistance as 3–
24 months and 24 CFR 578.37(a)(1)(ii) and 24
CFR 578.37(a)(1)(ii)(C) limits rental
assistance in Rapid Re-housing projects to
medium-term rental assistance, or no more
than 24 months.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Grant Nos.
NYC Department of Social Services ............
NY1276D2T001900, NY1044L2T002005, NY1110L2T002004, NY1223D2T002002,
NY1224L2T002002, NY1225L2T002002, NY1274D2T002001, NY1275D2T002001,
NY1276D2T002001, NY1297L2T002001, NY1110L2T002105, NY1223D2T002103,
NY1225L2T002103, NY1274D2T002102, NY1275D2T002102, NY1276D2T002102,
NY1297L2T002102.
PA0856L3E052004, PA0856L3E052105 ............................................................................
NJ0507L2F062105 ..............................................................................................................
TN0241L4J012106 ..............................................................................................................
KY0230D4I012001, KY0230D4I012102 .............................................................................
7/1/2022
7/8/2022
7/12/2022
7/15/2022
A,
A,
A,
A,
NY1234L2T032002 .............................................................................................................
PA0625L3T042007, PA0625L3T042108 ............................................................................
NE0106L7D022004 .............................................................................................................
7/18/2022
7/18/2022
8/1/2022
A, B
A, B
A, B
GA0295L4B012106 .............................................................................................................
MN0077L5K02114 ..............................................................................................................
MO0276D7P032002 ............................................................................................................
KY0145L4I002005, KY0151L4I002005, KY0151L4I002013, KY0150L4I002005,
KY0154L4I002005, KY0154L4I002106, KY0156L4I002005, KY0156L4I002106,
KY0138L4I002005, KY0138L4I002106, KY0152L4I002107, KY0121L4I002009,
KY0024L4I002114.
8/16/2022
8/16/2022
8/18/2022
8/17/2022
A,
A,
A,
A,
Erie County ...................................................
The House of Faith, Inc ................................
Catholic Charities of West Tennessee .........
Society of St. Vincent de Paul, Council of
Louisville, Inc.
Options for Community Living, Inc ...............
Keystone Opportunity Center .......................
Community Action Partnership of Lancaster
and Saunders County.
S.H.A.R.E. House, Inc ..................................
Dakota County ..............................................
YWCA St. Joseph .........................................
Kentucky Housing Coalition ..........................
VerDate Sep<11>2014
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Date granted
Reasons
waived
Grantee
E:\FR\FM\10FEN1.SGM
10FEN1
7/1/2022
A, B
B
B
B
B
B
B
B
B
8897
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
Grantee
Grant Nos.
Wayne County CoC ......................................
Pottstown Cluster of Religious Communities
Valley Youth House Committee ...................
PA0883L3T092003, PA0883L3TO92104 ...........................................................................
PA0767L3T042005 .............................................................................................................
PA0808L3T092004, PA0808L3T092105, PA0825L3T122004, PA0825L3T122105,
PA0924L3T082002, PA0924L3T082103, PA0765L3T032005, PA0765L3T032106,
PA0687L3T042107.
OH0686Y5E002100, OH0683U5E002100, OH9999U5E002106 .......................................
NY1232L2T032103 .............................................................................................................
GA0364L4B082003 .............................................................................................................
CA0534L9D012013 .............................................................................................................
GA0418D4B002100 ............................................................................................................
CA1598L9D012105, CA1793D9D012103 ..........................................................................
MO0204L7E002001, MO0248L7E002003 ..........................................................................
Strategies to End Homelessness .................
Economic Opportunity Council of Suffolk .....
Decatur Cooperative Ministry .......................
San Diego Housing Commission ..................
Partners for HOME .......................................
Community Resource Center .......................
St. Louis County, MO ...................................
Date granted
Reasons
waived
8/24/2022
8/24/2022
8/24/2022
B
B
B
8/24/2022
8/30/2022
8/30/2022
9/7/2022
9/9/2022
9/9/2022
9/9/2022
A, B
A
A, B
A
A
A, B
B
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing
shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness or higher unemployment rates).
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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 578.103(a) and 24
CFR 578.103(a)(4)(i)(B).
Nature of Requirement: Intake-staff
recorded observations of disability is
acceptable evidence when documenting
disability for individuals and families that
meet the ‘‘chronically homeless’’ definition
at 24 CFR 578.3. However, the CoC Interim
Rule requires such observations to be
confirmed and accompanied by other
evidence no later than 45 days from the
application for assistance.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Grantee
Grant Nos.
The Salvation Army, Beaver County ............
Mental Health Association of Tulsa, Inc .......
PA0321L3E032114 .............................................................................................................
OK0114L6I012005, OK0114L6I012106, OK0043L6I012012, OK0043L6I012113,
OK0153L6I012102.
PA0074L3T002114, PA0075L3T002114 ............................................................................
CT0161L1E052009, CT0022L1E052013, CT0054L1E052013, CT0062L1E052013,
CT0070L1E052013, CT0073L1E052013, CT0089L1E052013, CT0164L1E052011,
CT0035L1E032013, CT0061L1E052013, CT0211L1E052008, CT0011L1E052013,
CT0013L1E052013, CT0131L1E052012, CT0151L1E052012, CT0212L1E052009,
CT0246L1E052007, CT0265L1E052006, CT0285L1E032005, CT0286L1E052005,
CT0297L1E052004, CT0328L1E032002, CT0329L1E032002, CT0340L1E052001,
CT0077L1E052013, CT0162L1E052006, CT0034L1E032013, CT0176L1E052009,
CT0052L1E052013, CT0129L1E052012, CT0142L1E052012, CT0154L1E052010,
CT0172L1E052008, CT0185L1E052010, CT0200L1E052009, CT0204L1E052009,
CT0210L1E032009, CT0076L1E052013, CT0053L1E052013, CT0141L1E052012,
CT0104L1E032013, CT0324L1E032002, CT0012L1E052013, CT0023L1E052013,
CT0135L1E052012, CT0237L1E052008, CT0161L1E052110, CT0022L1E052114,
CT0054L1E052114, CT0062L1E052114, CT0070L1E052114, CT0073L1E052114,
CT0089L1E052114, CT0164L1E052112, CT0035L1E032114, CT0061L1E052114,
CT0211L1E052109, CT0011L1E052114, CT0013L1E052114, CT0131L1E052113,
CT0151L1E052012, CT0212L1E052009, CT0246L1E052108, CT0265L1E052107,
CT0285L1E032106, CT0286L1E052106, CT0297L1E052105, CT0328L1E032103,
CT0329L1E032103, CT0340L1E052102, CT0077L1E052114, CT0034L1E032114,
CT0176L1E052110, CT0052L1E052114, CT0129L1E052113, CT0142L1E052113,
CT0154L1E052111, CT0172L1E052109, CT0185L1E052111, CT0200L1E052110,
CT0204L1E052110, CT0210L1E032110, CT0076L1E052114, CT0053L1E052114,
CT0141L1E052113, CT0104L1E032114, CT0324L1E032103, CT0012L1E052114,
CT0023L1E052114, CT0135L1E052113, CT0237L1E052109, CT0355L1E052100.
MI0315L5F062111, MI0345L5F062110, MI0412L5F062007, MI0412L5F062108 .............
OK0127L6I022004, OK0127L6I022105, OK0052L6I022109 .............................................
CT0059L1E052114, CT0272L1E052106, CT0261L1E052107 ..........................................
GA0338L3B022004, GA0338L4B022105 ...........................................................................
NY1174L2T032104, NY1231L2T031901 ............................................................................
NC0099L4F092113, NC0116L4F092110, NC0042L4F032114 ..........................................
MI0173L5F062013, MI0173L5F062114, MI0174L5F062013, MI0174L5F062114 .............
KY0110L4I002011, KY0110L4I002112, KY0027L4I002013, KY0027L4I002114,
KY0022L4I002013, KY0022L4I002114, KY0012L4I002013, KY0012L4I002114,
KY0155L4I002005, KY0155L4I002106, KY0122L4I002005, KY0122L4I002106,
KY0113L4I002008, KY0113L4I002109, KY0157L4I002005, KY0157L4I002106,
KY0121L4I002009, KY0121L4I002110, KY0114L4I002010, KY0114L4I002111,
KY0105L4I002109, KY0105L4I002110, KY0021L4I002115, KY0020L4I002115,
KY0127L4I002109, KY00304LI002114, KY0026L4I002114, KY0120L4I002105,
KY0106L4I002110, KY0013L4I002114, KY0025L4I002114, KY0123L4I002105,
KY0014L4I002114.
PA0133L3T042013 .............................................................................................................
OH0686Y5E002100, OH0683U5E002100, OH9999U5E002106 .......................................
OH0383L5E072108 .............................................................................................................
Bethesda Project ..........................................
Connecticut Department of Mental Health
and Addiction Service.
Community Rebuilders .................................
City of Oklahoma ..........................................
Community Renewal Team ..........................
Partnership Against Domestic Violence .......
Services for the Underserved, Inc ................
Partners Health management .......................
County of Kent ..............................................
Kentucky Housing Coalition ..........................
lotter on DSK11XQN23PROD with NOTICES1
CoC—Disability Documentation for
Permanent Supportive Housing
Pottstown Cluster of Religious Communities
Strategies to End Homelessness .................
Findlay Hope House for the Homeless, Inc
VerDate Sep<11>2014
17:41 Feb 09, 2023
Jkt 259001
PO 00000
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Fmt 4703
Sfmt 4703
Date granted
E:\FR\FM\10FEN1.SGM
10FEN1
Reasons
waived
7/1/2022
7/1/2022
B
B
7/8/2022
7/25/2022
B
B
8/1/2022
8/1/2022
8/16/2022
8/16/2022
8/16/2022
8/18/2022
8/18/2022
8/17/2022
B
B
A
A, B
B
B
B
A, B
8/24/2022
8/24/2022
8/30/2022
A, B
A, B
A
8898
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
Grantee
Grant Nos.
A Safe Haven Foundation ............................
IL00095L5T101912, IL0371L5T101911, IL0121L5T101912, IL0222L5T101912,
IL0236L5T101912.
CA0534L9D012013 .............................................................................................................
PA0013L3T002114 .............................................................................................................
San Diego Housing Commission ..................
City of Philadelphia .......................................
Date granted
Reasons
waived
8/30/2022
A
9/7/2022
9/9/2022
B
B
Code Key for Reasons Waived:
A. Insufficient staffing levels to carry out activities due to the pandemic’s impact on the community or jurisdiction.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing
shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness or people living with HIV).
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
IV. Expedited COVID–19 Waivers (Notice
CPD–22–09)—ESG
ESG—Assisting Program Participants With
Subleases
• Regulation: 24 CFR 576.105; 24 CFR
576.106.
Nature of Requirement: The use of
‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and
576.106 restrict program participants from
receiving rental assistance under 24 CFR
576.106 and certain services under 24 CFR
576.105 with respect to units that program
participants sublease or lease from a person
other than the owner or the owner’s agent.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Grantee
Grant Nos.
Date granted
Lee County Human and Veteran Services ...
E21UC120013 .....................................................................................................................
7/12/2022
Reasons
waived
A, B
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing
shortages, challenges securing 12-month leases due to landlord trepidation or low vacancy rates).
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
ESG—Durational Limits on Housing
Relocation and Stabilization Services
• Regulation: 24 CFR 576.105(b)(2); 24
CFR 576.105(c).
Nature of Requirement: 24 CFR
576.105(b)(2) limits the provision of housing
stability case management to 30 days while
the program participant is seeking permanent
housing and to 24 months during the period
the program participant is living in housing.
24 CFR 576.105(c) limits the total amount of
time a program participant may receive
services under 24 CFR 576.105(b) to 24
months during any 3-year period.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Date granted
Reasons
waived
Grantee
Grant Nos.
Lee County Human and Veteran Services ...
City of Evanston ...........................................
Orange County Office of Community Development.
City of Lexington ...........................................
E21UC120013 .....................................................................................................................
E22MC170012, E21MC170012 ..........................................................................................
E21UC360105; E22UC360105 ...........................................................................................
7/12/2022
7/12/2022
08/18/2022
A, B
A, B
A, B
E21MC210004 ....................................................................................................................
08/17/2022
A, B
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates, low vacancy rates).
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Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
ESG—24-Month Limit on Rental Assistance
• Regulation: 24 CFR 576.106(a).
Nature of Requirement: 24 CFR 576.106(a)
limits the total amount of time a program
participant may receive rental assistance to
24-months during a 3-year period.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Grant Nos.
Lee County Human and Veteran Services ...
City of Evanston ...........................................
Orange County Office of Community Development.
Collier County Government ..........................
E21UC120013 .....................................................................................................................
E22MC170012, E21MC170012 ..........................................................................................
E21UC360105, E22UC360105 ...........................................................................................
7/12/2022
7/12/2022
08/18/2022
A
A
A
E21UC120016, E22UC120016 ...........................................................................................
08/16/2022
A
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Date granted
Reasons
waived
Grantee
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Grantee
Grant Nos.
Date granted
City of Lexington ...........................................
E21MC210004 ....................................................................................................................
08/17/2022
Reasons
waived
A
Code Key for Reasons Waived:
A. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates, low vacancy rates).
Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
ESG—Restriction of Rental Assistance to
Units With Rent at or Below FMR
• Regulation: 24 CFR 576.106(d)(1).
Nature of Requirement: 24 CFR
576.106(d)(1) provides that rental assistance
cannot be provided unless the total rent is
equal to or less than the FMR established by
HUD, as provided under 24 CFR part 888,
and complies with HUD’s standard of rent
reasonableness, as established under 24 CFR
982.507.
The following table provides a summary of
the waivers HUD provided with respect to
this requirement in accordance with the
expedited waiver process described in Notice
CPD–22–09, which is available at
www.hud.gov/sites/dfiles/OCHCO/
documents/2022-09cpdn.pdf.
Date granted
Reasons
waived
Grantee
Grant Nos.
Lee County Human and Veteran Services ...
New York State Office of Temporary and
Disability Assistance.
City of Evanston ...........................................
State of Arizona ............................................
Pinellas County Housing and Community
Development Department.
Orange County Office of Community Development.
Collier County Government ..........................
City of Raleigh ..............................................
City of Dallas ................................................
E21UC120013, E19UC120013 ...........................................................................................
E21DC360001 .....................................................................................................................
7/12/2022
7/1/2022
A
A
E22MC170012, E21MC170012 ..........................................................................................
E21DC040001 .....................................................................................................................
E21UC120005, E22UC120005 ...........................................................................................
7/12/2022
7/25/2022
7/25/2022
A
A
A
E21UC360105; E22UC360105 ...........................................................................................
08/18/2022
A
E21UC120016, E22UC120016 ...........................................................................................
E21MC370009, E22MC370009 ..........................................................................................
E21MC480009, E22MC480009 ..........................................................................................
08/16/2022
9/23/2022
9/29/2022
A
A
A
Code Key for Reasons Waived:
A. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates, low vacancy rates).
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Contact: More information about each
waiver and a copy of the request and the
approval may be obtained by contacting:
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.
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), Property
Development.
Project/Activity: O’Keefe Apartments,
Project No. 071–11545, Chicago, Illinois.
Nature of Requirement: 24 CFR 200.73(c).
The regulation requires that a site contain at
least five rental dwelling units [of an FHA
insured multifamily housing project] shall be
on one site and it is part of other contiguous
sites comprised of one marketable
manageable real estate entity. The regulation
reads as follows:
(c) The improvements shall constitute a
single project. Not less than five rental
dwelling units or personal care units, 20
medical care beds, or 50 manufactured home
pads, shall be on one site, except that such
limitations do not apply to group practice
facilities.
Chapter 3 Section 3.1.30 of the MAP Guide
permits a project with two or more
noncontiguous parcels of land when the
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parcels comprise one marketable, manageable
real estate entity.
The lender, Merchants Capital Corporation,
proposes to finance the acquisition of
O’Keefe Apartments project with a loan to be
insured pursuant to Section 223(f). The
property is in the South Shore neighborhood
of Chicago and is comprised of 5 buildings
with a total of 67 units within a one-mile
radius. Of the 5 buildings one has only 3
units within a two-story townhouse building.
The O’Keefe Apartments has been part of
HUD Multifamily’ s assisted housing
portfolio for many years and is now under a
single Housing Assistance Payment (HAP)
contract for rental assistance.
Granted by: Julia R. Gordon, Assistant
Secretary Office of Housing-Federal Housing
Administration.
Date Granted: September 23, 2022.
Reason Waived: The Lender, Merchants
Capital Corporation has deep roots in
affordable housing in the Chicago market. All
units are covered by a Section 8 HAP
contract and New 20-year renewals will be
requested. The proposed mortgage amount is
$6,232,400. There is a total of $1,270 in
repairs. The project currently has one vacant
unit for an overall occupancy of 98.5% per
May 17, 2022, rent roll. The O’Keefe
Apartments property continue to remain
affordable and would preserves much needed
affordable housing options for low-income
residents in the South Shore neighborhood
and is consistent with the Secretary’s goal of
maintaining affordable housing for lowincome persons.
Contact: Willie Fobbs, Director, Office of
Multifamily Production, Office of Housing,
HTD, Department of Housing and Urban
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Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
6257.
• Regulation: 24 CFR 219.220(b)(1995)
Payment and Repayment of Operating
Assistance.
Project/Activity: Warren Gardens
Apartments; FHA No. 023–55049.
Nature of Requirement: This regulation
sets forth the requirements that govern the
repayment of operating assistance under the
Flexible Subsidy Program for Troubled
Projects and states ‘‘Assistance that has been
paid to a project owner under this subpart
must be repaid at the earlier of the expiration
of the term of the mortgage, termination of
mortgage insurance, prepayment of the
mortgage, or sale of the project.’’
Granted by: Julia R. Gordon Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: September 20, 2022.
Reason Waived: The regulation at 24 CFR
219.220(b)(1995) was waived to permit the
deferment of the outstanding balance of the
Flexible Subsidy Loans, plus accrued
interest, for Warren Gardens, and permit the
Owner to repay the loans through a
repayment plan. This waiver is effective from
the date of issuance.
Contact: Saadia Figueroa-Smallwood,
Acting Director, Office of Asset Management
and Portfolio Oversight, Field Asset
Management Division, HTN, Office of
Housing, 451 Seventh Street SW,
Washington, DC 20410, telephone (904) 208–
6026.
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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 982.303(b)(1).
Nature of Requirement: Notice PIH 2022–
09 Streamlined Regulatory Waivers for the
Housing Choice Voucher (including
Mainstream and Mod Rehab) Program.
Allows PHAs to grant a family one or more
extensions of the initial voucher term
regardless of the policy described in the
Administrative Plan. PHAs should ensure
consistency with these requests and remain
in compliance with the PHA’s informally
adopted interim standard.
Reason Waived: PHAs were granted to the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 and 2021–34 to provide continued
flexibility during the pandemic and
pandemic recovery. HUD expeditiously
responded to these waiver request in
accordance with Section 106 of the
Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: Housing Authority of the
County of San Joaquin; Tulare County
Housing Authority; Kings County Housing
Authority; St. Petersburg Housing Authority;
Great Bend Housing Authority; Liberty
Housing Authority; Howell County Public
Housing Agency; Jersey City Housing
Authority; Lakewood Housing Authority;
Newark Housing Authority; Village of
Cobleskill; Montgomery County Housing
Authority; Housing Authority of the City of
El Paso, Housing Authority of Texarkana;
Tarrant County Housing Assistance Office;
Newport News Regional Housing Authority;
Housing Authority of Racine County;
Fairmont/Morgantown Housing Authority
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 982.303(b)(1).
Nature of Requirement: Notice PIH 2021–
34 Expedited Regulatory Waivers for the
Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab)
Program(s). Allows PHAs to grant a family
one or more extensions of the initial voucher
term regardless of the policy described in the
Administrative Plan. PHAs should ensure
consistency with these requests and remain
in compliance with the PHA’s informally
adopted interim standard.
Reason Waived: PHAs were granted the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide continued flexibility during the
pandemic and pandemic recovery. HUD
expeditiously responded to these waiver
requests in accordance with Section 106 of
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17:41 Feb 09, 2023
Jkt 259001
the Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: Harrison Housing
Authority; St. Francis County Housing
Authority; South Tucson Housing Authority;
Housing Authority of the County of Merced;
Housing Authority of the County of
Stanislaus; Benicia Housing Authority;
Suisun City Housing Authority; Housing
Authority of the City of Long Beach; Housing
Authority of the City of Madera; Compton
Housing Authority; Santa Rosa Housing
Authority; Burbank Housing Authority;
Housing Authority of the City of Glendale;
Housing Authority of the City of National
City; Hartford Housing Authority;
Middletown Housing Authority; Naugatuck
Housing Authority; Cocoa Housing
Authority; Housing Authority of Pompano
Beach; Ocala Housing Authority; Fort Walton
Beach Housing Authority; Hendry County
Housing Authority; Collier County Housing
Authority; Winnebago County Housing
Authority; Terre Haute Housing Authority;
Jeffersonville Housing Authority; Cambridge
Housing Authority; Springfield Housing
Authority; Milford Housing Authority;
Andover Housing Authority; Hingham
Housing Authority; Housing Authority of St.
Mary’s County (MD), Maryland Department
of Housing And Community Development;
Old Town Housing Authority; Saginaw
Housing Commission; Benton Harbor
Housing Commission; St. Clair Shores
Housing Commission; Muskegon Housing
Commission; Saint Paul Public Housing
Agency; Independence Housing Authority;
High Point Housing Authority; Greensboro
Housing Authority; Durham Housing
Authority; Chatham County Housing
Authority; Southeastern Community &
Family Services, Inc.; Franklin-Vance-Warren
Opportunity Inc.; Omaha Housing Authority;
Northern Regional Housing Authority;
Rochester Housing Authority; Kingston
Housing Authority; Ithaca Housing
Authority; Springfield Metropolitan Housing
Authority; Allen Metropolitan Housing
Authority; Knox Metropolitan Housing
Authority; Miami Metropolitan Housing
Authority; Morrow Metropolitan Housing
Authority; Pittsburgh Housing Authority;
Columbia County Housing Authority;
Newport Housing Authority; Bristol Housing
Authority (RI); Rhode Island Housing;
Municipality Of Mayaguez; Municipality Of
Gurabo; Municipality Of Anasco;
Municipality Of Naguabo; Lake City Housing
Authority; Hartsville Housing Authority;
South Carolina State Housing Finance and
Development Authority; Meade County
Housing and Redevelopment Commission;
Lawrence County Housing and
Redevelopment Commission; Butte County
Housing Authority; Kingsport Housing and
Redevelopment Authority; Morristown
Housing Authority; San Antonio Housing
Authority; Denton Housing Authority;
Tarrant County Housing Assistance Office ;
Terrell Housing Department; Virginia Beach
Department of Housing & Neighborhood
Preservation; Springfield Housing Authority;
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Bremerton Housing Authority; Madison
Housing Authority; Sauk County Housing
Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 984.303(k).
Project/Activity: Idaho Housing and
Finance Association.
Nature of Requirement: 24 CFR 984.303(k)
is a regulation pertaining to termination with
Family Self-Sufficiency (FSS) escrow
disbursement.
Reason Waived: The agency requested a
waiver of this regulation to allow the accrued
escrow to be passed to a participant’s mother.
The mother is elderly and unable to work,
which would prevent her from being able to
assume the Contract of Participation and
complete it, as envisioned in 24 CFR
984.305(d), Succession of FSS Account. After
considering the information presented by the
agency and absent a statutory prohibition,
HUD finds good cause to waive 24 CFR
984.303(k) to allow for both a completion of
the Contract of Participation and release of
escrow without graduation.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 2, 2022.
Contact: Jayme Brown, Director,
Community and Supportive Services
Division, Office of Public Housing
Investments; Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20140, telephone (202) 402–
3624.
• Regulation: 24 CFR 983.153(c).
Project/Activity: St. Petersburg Housing
Authority (SPHA).
Nature of Requirement: 24 CFR 983.153(c)
prohibits a PHA from entering into the
Agreement to Enter into Housing Assistance
Payments (AHAP) contract with the owner if
construction or rehabilitation has
commenced after proposal submission.
Reason Waived: The HUD Miami Field
Office reviewed the Request for Proposals
issued by SPHA and the award to Innovare’s
development. The request addressed the
requirement to not begin construction prior
to entering into the AHAP. SPHA reported
that the developer did not involve SPHA in
its decision to start construction. Upon being
notified of commenced work and resulting
programmatic violations, SPHA requested
that the contractor immediately cease
construction activities, and began correcting
deficiencies noted during the review.
Notwithstanding the developer’s failure to
execute an AHAP with SPHA prior to
beginning construction, it should be noted
that the developer from the outset complied
with all applicable Davis-Bacon
requirements. Based on the above analysis
and considering the good cause presented,
HUD waived the regulation and allowed
SPHA to sign and enter into an AHAP
contract for 25 project-based vouchers in the
Innovare project
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Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 7, 2022.
Contact: Nathaniel Johnson, Senior
Housing Program Specialist, Office of Public
Housing and Voucher Programs; Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20140, telephone: (202) 402–
5156.
• Regulation: 24 CFR 985.101, 24 CFR
985.105.
Project/Activity: Marion County Housing
Authority.
Nature of Requirement: 24 CFR 985.101
states that a PHA must submit to HUD a
required Section 8 Management Assessment
Program (SEMAP) certification form within
60 calendar days after the end of its fiscal
year. 24 CFR 985.105 states that HUD shall
assess each PHA’s performance under
SEMAP annually and shall assign each PHA
a SEMAP score and overall performance
rating.
Reason Waived: MCHA was greatly
impacted by the COVID–19 pandemic,
causing staff shortages, participant difficulty
in submitting documentation and delayed
scheduled inspections. In addition, the
agency transitioned to a new software
system—causing delayed Rent
Reasonableness Certifications, which
resulted in late annual reexaminations of
family income—and was also impacted by
two natural disasters—a major wildfire in
September 2020 and an ice storm in February
2021. The agency hired 10 case managers and
only retained three due to turnover. The
Housing Quality Standards (HQS) Inspector’s
ongoing health condition limits their work
assignments. In the past 2 months, 25 percent
of scheduled inspections have been delayed
because of a COVID–19 infection in the
household. Further, landlords citied high
cost of materials and delays in obtaining
parts and appliance replacements delaying
repairs. Despite MCHA losing its Housing
Program Supervisor in November of 2021,
and the former Executive Director in April of
2022, the agency’s operations are now
stabilized, including a third-party HQS
Inspector assisting with overdue inspections
along with the completed implementation of
the new software system. The MCHA
received a standard rating on its prior
SEMAP certifications in 2019 (which carried
over due to the regulatory waivers provided
by the CARES Act) from 2018 and 2017.
Moreover, the Portland Field Office
recommended approval of MCHA’s waiver
request.
Due to these circumstances, HUD
determined, pursuant to the waiver authority
provided at 24 CFR 5.110, that there is good
cause to waive both regulations.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: Sep. 27, 2022.
Contact: Michelle Daniels, Housing
Program Specialist, Community and
Supportive Services Division, Office of
Public Housing Investments; Office of Public
and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street
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17:41 Feb 09, 2023
Jkt 259001
SW, Washington, DC 20140, telephone: (202)
402–6051.
• Regulation: 24 CFR 982.503(b).
Nature of Requirement: Notice PIH 2022–
09 Streamlined Regulatory Waivers for the
Housing Choice Voucher (including
Mainstream and Mod Rehab) Program.
Reason Waived: PHAs were granted to the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 and PIH 2021–34 to provide continued
flexibility during the pandemic and
pandemic recovery. HUD expeditiously
responded to these waiver request in
accordance with Section 106 of the
Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: Lonoke County Housing
Authority; Housing Authority of the County
of San Joaquin; Kings County Metropolitan
Housing Authority; Livermore Housing
Authority; West Hartford Housing Authority;
St. Petersburg Housing Authority; Dekalb
County Housing Authority; Springfield
Housing Authority; Wichita Housing
Authority; Great Bend Housing Authority;
Weston Housing Authority; Liberty Housing
Authority; Howell County Public Housing
Agency; Lakewood Housing Authority;
Plattsburgh Housing Authority; Geneva
Housing Authority; Mansfield Metropolitan
Housing Authority; Huron Metropolitan
Housing Authority; Crawford Metropolitan
Housing Authority; Pike Metropolitan
Housing Authority; Seneca Metropolitan
Housing Authority; Berks County Housing
Authority; Union County Housing Authority;
Smithfield Housing Authority; Garland
Housing Agency; Newport News Regional
Housing Authority; Rhinelander Housing
Authority; Ashland County Housing
Authority; Chippewa County Housing
Authority; Fairmont/Morgantown Housing
Authority; Bluefield Housing Authority;
Jefferson Metropolitan Housing Authority.
Tesia Anyanaso, Program Specialist,
Coordination and Compliance Division,
Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban
Development, 451 7th St. SW, Washington,
DC 20410–5000, telephone: (202) 402–7026.
• Regulation: 24 CFR 982.503(b).
Nature of Requirement: Notice PIH 2021–
34 Expedited Regulatory Waivers for the
Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab)
Program(s).
Reason Waived: PHAs were granted to the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide continued flexibility during the
pandemic and pandemic recovery. HUD
expeditiously responded to these waiver
request in accordance with Section 106 of the
Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
PO 00000
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8901
Project/Activity: Housing Authority of the
City of Jasper; Opelika Housing Authority;
Housing Authority of Foley; Tallassee
Housing Authority; Troy Housing Authority;
Northwest Regional Housing Authority;
Harrison Housing Authority; Flagstaff
Housing Authority; Winslow Housing
Authority; South Tucson Housing Authority;
Oakland Housing Authority; Benicia Housing
Authority; Suisun City Housing Authority;
Carlsbad Housing Agency; Burbank Housing
Authority; Placer County Housing Authority;
Hartford Housing Authority; Middletown
Housing Authority; Ansonia Housing
Authority; Vernon Housing Authority;
Housing Authority of Pompano Beach; Ocala
Housing Authority; Plant City Housing
Authority; Punta Gorda Housing Authority;
Boca Raton Housing Authority; Hendry
County Housing Authority; Collier County
Housing Authority; Housing Authority of the
City and County of Honolulu; Waukegan
Housing Authority; Delaware County
Housing Authority; Lawrence County
Housing and Redevelopment Commission;
Butte County Housing Authority; Kingsport
Housing and Redevelopment Authority;
LaFollette Housing Authority; Brownsville
Housing Authority; Morristown Housing
Authority; Dayton Housing Authority; Bristol
Housing Authority (TN); Roanoke-Chowan
Regional Housing Authority; Southeastern
Community & Family Services, Inc.; Omaha
Housing Authority; Portsmouth Housing
Authority; Bergen County Housing Authority;
Union County Housing Authority; Mesilla
Valley Housing Authority; Northern Regional
Housing Authority; Herkimer Housing
Authority; Kingston Housing Authority;
Ithaca Housing Authority; Harrietstown
Housing Authority; New York City
Department of Housing Preservation and
Development; City of New Rochelle Housing
Authority; City of Peekskill; Town of
Southampton Housing Authority; Zanesville
Metropolitan Housing Authority; Allen
Metropolitan Housing Authority; Logan
County Metropolitan Housing Authority;
Broken Bow Housing Authority; Columbia
County Housing Authority; Newport Housing
Authority; West Warwick Housing Authority;
Coventry Housing Authority; East Greenwich
Housing Authority; Rhode Island Housing;
Municipality of Gurabo; Municipality of
Anasco; Rock Hill Housing Authority;
Watertown Housing Authority; Anthony
Housing Authority; Central Texas Council of
Governments; Anderson County; Terrell
Housing Department; Housing Authority of
Utah County; Logan City Housing Authority;
Roosevelt City Housing Authority; Bear River
Regional Housing Authority; Cedar City
Housing Authority; Scott County Regional
Housing Authority; Bremerton Housing
Authority; Grays Harbor Housing Authority;
Walla Walla Housing Authority; Madison
Housing Authority; New London Housing
Authority; Kenosha Housing Authority;
Barron County Housing Authority; Richmond
Housing Authority; Terre Haute Housing
Authority; Warsaw Housing Authority;
Lafayette Housing Authority; Atchison
Housing Authority; Somerset Housing
Authority; New Orleans Housing Authority;
Springfield Housing Authority (MA); Milford
Housing Authority; Hagerstown Housing
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Authority; Maryland Department of Housing
and Community Development; Old Town
Housing Authority; Saginaw Housing
Commission; Benton Harbor Housing
Commission; The Kandiyohi County Housing
and Redevelopment Authority; McLeod
County Housing and Redevelopment
Authority; Independence Housing Authority;
Wilmington Housing Authority; Rocky
Mount Housing Authority; Wadesboro
Housing Authority; Meade County Housing
and Redevelopment Commission; Housing
Authority of Lubbock; Brenham Housing
Authority; Burnet Housing Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations; Public
and Indian Housing, Department of Housing
and Urban Development, 451 7th St. SW,
Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 982.505(c)(4).
Nature of Requirement: Notice PIH 2022–
09 Streamlined Regulatory Waivers for the
Housing Choice Voucher (including
Mainstream and Mod Rehab) Program.
Reason Waived: PHAs have the option to
increase the payment standard for the family
at any time after the effective date of the
increase, rather than waiting for the next
regular reexamination.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: Kings County Housing
Authority; Suisun City Housing Authority;
Orange County Housing Authority; St.
Petersburg Housing Authority; Boise City
Housing Authority; Ada County Housing
Authority; Great Bend Housing Authority;
Great Bend Housing Authority; Tennessee
Valley Regional Housing Authority;
Plattsburgh Housing Authority; Jefferson
Metropolitan Housing Authority; Mansfield
Metropolitan Housing Authority; Huron
Metropolitan Housing Authority; Hocking
Metropolitan Housing Authority; Crawford
Metropolitan Housing Authority; Pike
Metropolitan Housing Authority; City of
Bowling Green Housing Division; Portland
Housing Authority; Independence Housing
Authority; Weston Housing Authority;
Lincoln County Public Housing Agency;
Liberty Housing Authority; Howell County
Public Housing Agency; Seneca Metropolitan
Housing Authority; Berks County Housing
Authority; Housing Connect-Salt Lake
County; Superior Housing Authority;
Chippewa County Housing Authority;
Fairmont/Morgantown Housing Authority;
Bluefield Housing Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations; Public
and Indian Housing, Department of Housing
and Urban Development, 451 7th St. SW,
Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 982.505(c)(4).
Nature of Requirement: Notice PIH 2021–
34 Expedited Regulatory Waivers for the
Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab)
Program(s).
Reason Waived: PHAs were granted to the
opportunity to apply for certain regulatory
VerDate Sep<11>2014
17:41 Feb 09, 2023
Jkt 259001
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide continued flexibility during the
pandemic and pandemic recovery. HUD
expeditiously responded to these waiver
request in accordance with Section 106 of the
Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: Mobile Housing
Authority; Housing Authority of the City of
Jasper; Opelika Housing Authority; Opp
Housing Authority; Housing Authority of
Foley; Tallassee Housing Authority; St.
Francis County Housing Authority; Winslow
Housing Authority; Cocoa Housing
Authority; Ocala Housing Authority; Plant
City Housing Authority; Collier County
Housing Authority; Housing Authority of the
City and County of Honolulu; Southwestern
Idaho Cooperative Housing Authority;
Winnebago County Housing Authority;
Delaware County Housing Authority; Tell
City Housing Authority; Terre Haute Housing
Authority; Jeffersonville Housing Authority;
Lafayette Housing Authority; Beatrice
Housing Authority; Portsmouth Housing
Authority; Bergen County Housing Authority;
Mesilla Valley Housing Authority; Rochester
Housing Authority; Kingston Housing
Authority; Town of Southampton; Zanesville
Metropolitan Housing Authority;
Municipality of Anasco; Meade County
Housing and Redevelopment Commission;
Lawrence County Housing and
Redevelopment Commission; Butte County
Housing Authority; Johnson City Housing
Authority; Chattanooga Housing Authority;
Kingsport Housing and Redevelopment
Authority; Lafayette Housing Authority;
Brownsville Housing Authority; Morristown
Housing Authority; Bristol Housing
Authority (TN); Southeast Tennessee Human
Resource Agency; South Tucson Housing
Authority; Housing Authority of the County
of Merced; Housing Authority of the County
of Stanislaus; Carlsbad Housing Agency; City
of Norwalk; Hartford Housing Authority;
Middletown Housing Authority; Naugatuck
Housing Authority; Hingham Housing
Authority; Massachusetts Department of
Housing and Community Development;
Maryland Department of Housing and
Community Development; Saginaw Housing
Commission; Benton Harbor Housing
Commission; St. Clair Shores Housing
Commission; Biloxi Housing Authority;
Chatham County Housing Authority; East
Spencer Housing Authority; Southeastern
Community & Family Services, Inc,;
Franklin-Vance-Warren Opportunity Inc.;
Omaha Housing Authority; Springfield
Metropolitan Housing Authority; Columbiana
Metropolitan Housing Authority; Coshocton
Metropolitan Housing Authority; Miami
Metropolitan Housing Authority; Newport
Housing Authority; West Warwick Housing
Authority; Bristol Housing Authority (TN);
Municipality of Gurabo; Housing Authority
of the City of Waco; Edgewood Housing;
Central Texas Council of Governments;
Terrell Housing Department; Housing
Authority of Utah County; Springfield
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Housing Authority (VT); Bremerton Housing
Authority; Grays Harbor Housing Authority;
Madison Housing Authority; Wausau
Housing Authority; Barron County Housing
Authority; Clarksburg/Harrison Housing
Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations; Public
and Indian Housing, Department of Housing
and Urban Development, 451 7th St. SW,
Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 982.634(a).
Nature of Requirement: Notice PIH 2021–
34 Expedited Waivers for the Public Housing
and Housing Choice Voucher (including
Mainstream and Mod Rehab) Program(s), 24
CFR 982.634(a) allows PHAs to extend
homeownership assistance for one additional
year.
Reason Waived: PHAs were granted the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide continued flexibility during the
pandemic and pandemic recovery. HUD
expeditiously responded to these waiver
requests in accordance with Section 106 of
the Department and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 1–September 30, 2022.
Project/Activity: High Point Housing
Authority; Greensboro Housing Authority;
Southeastern Community & Family Services,
Inc.; Omaha Housing Authority; Rochester
Housing Authority; New York Department of
Housing Preservation and Development;
Lorain Metropolitan Housing Authority;
Charleston County Housing Authority;
Madison Housing Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations; Public
and Indian Housing, Department of Housing
and Urban Development, 451 7th St. SW,
Washington, DC 20410–5000, telephone:
(202) 402–7026.
• Regulation: 24 CFR 985.105, 24 CFR
985.101.
Nature of Requirement: Notice PIH 2021–
34 Expedited Waivers for the Public Housing
and Housing Choice Voucher (including
Mainstream and Mod Rehab) Program(s), 24
CFR 985.105, 24 CFR 985.101 whereas PHAs
with a fiscal year end 3/31/22, 6/30/22, or 9/
30/22 may request to waive Section 8
Management Assessment Program if an
indicator declines as a result of operational
disruptions and from its adoption of one or
more CARES Act waivers.
Reason Waived: PHAs were granted the
opportunity to apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide continued flexibility during the
pandemic and pandemic recovery. HUD
expeditiously responded to these waiver
requests in accordance with Section 106 of
the Department and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices
Date Granted: July 1–September 30, 2022.
Project/Activity: Opelika Housing
Authority; Tuscaloosa Housing Authority;
Tallassee Housing Authority; Hot Springs
Housing Authority; Paragould Housing
Authority; St. Francis County Housing
Authority; City of Tempe Housing Authority;
Housing Authority of the County of
Stanislaus; Housing Authority of the City of
San Buenaventura; Benicia Housing
Authority; Housing Authority of the County
of Yolo; Housing Authority of the City of
Long Beach; Housing Authority of the City of
Madera; Compton Housing Authority;
Housing Authority of the City of Santa Paula;
Frederick Housing Authority; Maryland
Department of Housing and Community
Development; Saginaw Housing Commission;
Benton Harbor Housing Commission;
Muskegon Housing Commission; Dowagiac
Housing Commission; Saint Paul Public
Housing Agency; Housing and
Redevelopment Authority of Virginia;
Independence Housing Authority; Weston
Housing Authority; Greenville Housing
Authority; Orange County Housing
Authority; Roanoke-Chowan Regional
Housing Authority; Chatham County Housing
Authority; East Spencer Housing Authority;
Stillwater Housing Authority; Housing
Authority of Malheur County; Northeast
Oregon Housing Authority; Berks County
Housing Authority; Cumberland County
Housing Authority; Providence Housing
Authority; Newport Housing Authority;
Bristol Housing Authority (RI); Rhode Island
Housing; Municipality Of Mayaguez;
Municipality of Trujillo Alto; Bear River
Regional Housing Authority; Bristol Regional
Housing Authority; Scott County Regional
Housing Authority; Loudoun County Office
of Housing; Springfield Housing Authority
(VT); Bremerton Housing Authority; Carlsbad
Housing Agency; Santa Rosa Housing
Authority; Burbank Housing Authority;
Housing Authority of the City of Glendale;
Placer County Housing Authority; South
Metro Housing Options; Middletown
Housing Authority; Jacksonville Housing
Authority; Ocala Housing Authority; Fort
Walton Beach Housing Authority; Hendry
County Housing Authority; Collier County
Housing Authority; Housing Authority of the
City of Statesboro; Muscatine Housing
Authority; Oskaloosa Municipal Housing
Agency; Coastal Community Action, Inc.;
Southeastern Community & Family Services,
Inc.; Franklin-Vance-Warren Opportunity
Inc.; Atlantic City Housing Authority; Bergen
County Housing Authority; Penns Grove
Housing Authority; New Jersey Department
of Community Affairs; Mesilla Valley
Housing Authority; Northern Regional
Housing Authority; Saratoga Springs Housing
Authority; Rochester Housing Authority;
Kingston Housing Authority; Hornell
Housing Authority; New York City
Department of Housing Preservation and
Development; City of Utica; Housing
Authority of Myrtle Beach; South Carolina
State Housing Finance and Development
Authority; Meade County Housing and
Redevelopment Commission; Lawrence
County Housing and Redevelopment
Commission; Butte County Housing
Authority; Dayton Housing Authority;
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17:41 Feb 09, 2023
Jkt 259001
Housing Authority of Slaton; Brenham
Housing Authority; Denton Housing
Authority; Tarrant County Housing
Assistance Office; Logan City Housing
Authority; Sauk County Housing Authority;
Marinette County Housing Authority;
Huntington Housing Authority; Bluefield
Housing Authority; Clarksburg/Harrison
Housing Authority; Albia Housing Agency;
Central Iowa Regional Housing Authority;
Iowa Northland Regional Housing Authority;
Southwestern Idaho Cooperative Housing
Authority; Idaho Housing and Finance
Association; Joliet Housing Authority;
Winnebago County Housing Authority;
Jeffersonville Housing Authority;
Campbellsville Housing Authority;
Springfield Housing Authority (KY); City of
Covington; Appalachian Foothills;
Springfield Housing Authority (MA); Milford
Housing Authority; Hingham Housing
Authority; Youngstown Metropolitan
Housing Authority; Portsmouth Metropolitan
Housing Authority; Lorain Metropolitan
Housing Authority; Butler Metropolitan
Housing Authority; Ironton Metropolitan
Housing Authority; Belmont Metropolitan
Housing Authority; Springfield Metropolitan
Housing Authority; Greene Metropolitan
Housing Authority; Columbiana Metropolitan
Housing Authority; Hocking Metropolitan
Housing Authority; Allen Metropolitan
Housing Authority; Adams Metropolitan
Housing Authority; Knox Metropolitan
Housing Authority; Morrow Metropolitan
Housing Authority; Broken Bow Housing
Authority; Municipality of Carolina;
Municipality of Morovis; Municipality of
Maricao; Municipality of Vega Baja;
Municipality of Gurabo; Municipality of
Naguabo; Municipality of Adjuntas;
Charleston County Housing Authority;
Columbia Housing Authority; Lake City
Housing Authority; Hartsville Housing
Authority.
Contact: Tesia Anyanaso, Program
Specialist, Coordination and Compliance
Division, Office of Field Operations; Public
and Indian Housing, Department of Housing
and Urban Development, 451 7th St. SW,
Washington, DC 20410–5000, telephone:
(202) 402–7026.
[FR Doc. 2023–02843 Filed 2–9–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2023–N002;
FXES11130100000–234–FF01E00000]
Endangered Species; Receipt of
Recovery Permit Application
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
application; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application for a permit to conduct
activities intended to enhance the
SUMMARY:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
8903
propagation and survival of an
endangered species under the
Endangered Species Act. We invite the
public and local, State, Tribal, and
Federal agencies to comment on this
application. Before issuing the
requested permit, we will take into
consideration any information that we
receive during the public comment
period.
DATES: We must receive your written
comments on or before March 13, 2023.
ADDRESSES: Document availability and
comment submission: Submit a request
for a copy of the application and related
documents and submit any comments
by one of the following methods. All
requests and comments should specify
the applicant name and application
number (e.g., Dana Ross, ES001705):
• Email: permitsR1ES@fws.gov.
• U.S. Mail: Marilet Zablan, Regional
Program Manager, Restoration and
Endangered Species Classification,
Ecological Services, U.S. Fish and
Wildlife Service, Pacific Regional
Office, 911 NE 11th Avenue, Portland,
OR 97232–4181.
FOR FURTHER INFORMATION CONTACT:
Karen Colson, Regional Recovery Permit
Program Assistant, Ecological Services,
(208) 685–6956 (telephone);
permitsR1ES@fws.gov (email).
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, invite
the public to comment on an
application for a permit under section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). The requested
permit would allow the applicant to
conduct activities intended to promote
recovery of a species that is listed as
endangered under the ESA.
Background
With some exceptions, the ESA
prohibits activities that constitute take
of listed species unless a Federal permit
is issued that allows such activity. The
ESA’s definition of ‘‘take’’ includes such
activities as pursuing, harassing,
trapping, capturing, or collecting, in
addition to hunting, shooting, harming,
wounding, or killing.
A recovery permit issued by us under
section 10(a)(1)(A) of the ESA
authorizes the permittee to conduct
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8886-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02843]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6325-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2022
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
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, 2022 and ending on September 30, 2022.
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). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities.
To learn more about how to make an accessible telephone call,
please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
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 2022.
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, 2022 through September 30, 2022. 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 Fair
Housing and Equal Opportunity, 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.
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.
Should HUD receive additional information about waivers granted
during the period covered by this report (the third quarter of calendar
year 2022) before the next report is published (the fourth quarter of
calendar year 2022), HUD will include any additional waivers granted
for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to
[[Page 8887]]
HUD regulations is provided in the Appendix that follows this notice.
Damon Y. Smith,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2022 Through
September 30, 2022
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 91.105(c)(2) and (k); 24 CFR 91.115
(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: The Commonwealth of Puerto Rico and any HUD
Community Planning and Development (CPD) grantee located in the
county equivalents (municipios) included in the declared-disaster
area (see DR-4671-PR) seeking to expedite action in response to
Hurricane Fiona, upon notification to the Community Planning and
Development Director in its respective HUD Field Office. This
authority is in effect for grantees in the areas covered by the
major disaster declaration under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4671-PR, dated September 21, 2022, as may be amended (the
``declared-disaster areas'') and is limited to facilitating
preparation of substantial amendments to FY 2022 and prior year
plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a
30-day public comment period in the development of a consolidated
plan and prior to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Several CPD grantees were affected by Hurricane
Fiona that hit Puerto Rico on September 17, 2022. As a result of
substantial property loss and destruction, many individuals and
families residing in the declared-disaster areas were displaced from
their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. The waiver
granted will allow grantees to expedite recovery efforts for low-
and moderate-income residents affected by the property loss and
destruction resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i); and 24 CFR 91.401.
Project/Activity: The Commonwealth of Puerto Rico and any HUD
Community Planning and Development (CPD) grantee located in the
county equivalents (municipios) included in the declared-disaster
areas (see DR-4671-PR) seeking to expedite action in response to
Hurricane Fiona, upon notification to the Community Planning and
Development Director in its respective HUD Field Office. This
authority is in effect for grantees within the declared-disaster
areas and is limited to facilitating preparation of substantial
amendments to FY 2022 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require the
grantee to follow its citizen participation plan to provide citizens
with reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: As stated above, several CPD grantees were
affected by Hurricane Fiona that hit Puerto Rico on September 17,
2022. As a result of substantial property loss and destruction, many
individuals and families residing in the declared-disaster areas
were displaced from their homes, including beneficiaries of various
CPD programs, and families eligible to receive CPD program
assistance. The waiver granted will allow grantees to determine what
constitutes reasonable notice and opportunity to comment given their
circumstances and provide that level of notice and opportunity to
comment when amending prior year plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Hurricane Fiona.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the damage associated with Hurricane Fiona. The
waiver will allow CDBG grantees, including grantees providing
assistance to evacuees outside the declared-disaster areas, to pay
for the basic daily needs of individuals and families affected by
the hurricane on an interim basis. This authority is in effect
through the end of the grantee's 2023 program year. This waiver
aligns with waivers currently in effect for CDBG coronavirus (CDBG-
CV) grants. The six-month periods allowed by waiver for CDBG and
CDBG-CV shall not be used consecutively for the same beneficiary.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i), and 24 CFR 91.401.
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster area (see FEMA-DR-4671-PR) affected
by Hurricane Fiona.
Nature of Requirement: This provision allows a CPD grantee to
amend an approved consolidated plan in accordance with 24 CFR
91.505. Substantial amendments to the consolidated plan, such as the
addition of new activities or a change in the use of grant funds
from one eligible activity to another, are subject to the citizen
participation process in the grantee's citizen participation plan.
The citizen participation plan must provide citizens with 30 days to
comment on substantial amendments. The regulations require the
grantee to follow its citizen participation plan to provide citizens
with reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: Given the need to expedite actions to respond to
damage caused by Hurricane Fiona, HUD waives the 30-day public
comment requirement of 24 CFR 91.105(c)(2) and (k), 91.115(c)(2),
and (i), and 91.401, and reduces the public comment
[[Page 8888]]
period to no less than seven days. In reducing the comment period to
seven days, HUD is balancing the need to quickly assist families
dealing with the effects of Hurricane Fiona while continuing to
provide reasonable notice and opportunity for citizens to comment on
the proposed uses of CDBG, HOME, HTF, HOPWA, and ESG funds.
In addition, HUD recognizes the destruction wrought by Hurricane
Fiona makes it difficult for impacted jurisdictions within the
declared-disaster areas to provide notice to citizens in accordance
with their citizen participation plans. Therefore, HUD waives 24 CFR
91.105(c)(2) and (k) and 24 CFR 91.115(c)(2) and (i) to allow these
grantees to determine what constitutes reasonable notice and
opportunity to comment given their circumstances.
Applicability: This authority is in effect for grantees within
the declared-disaster areas through the end of the grantee's 2022
program year and is limited to facilitating preparation of FY 2022
Plan substantial amendments and substantial amendments to prior year
plans.
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) 708-2684.
Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4671-PR).
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months. Many
families whose housing was destroyed or damaged by Hurricane Fiona
will not have any documentation of income and will not be able to
qualify for HOME assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
Sec. 92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by Hurricane
Fiona.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration) whose income
documentation was destroyed or made inaccessible by Hurricane Fiona
and remains in effect for six months from September 27, 2022. The
participating jurisdiction or, as appropriate, HOME project owner,
is required to maintain: (1) a record of FEMA registration to
demonstrate that a family was displaced by Hurricane Fiona; and (2)
a statement signed by appropriate family members certifying to the
family's size and annual income and that the family's income
documentation was destroyed or is inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4671-PR).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: Suspending these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: The requirement in 24 CFR 92.209(e) that the
start date of a TBRA contract begin on the first day of the term of
a tenant's lease is waived for TBRA contracts a participating
jurisdiction executes for persons or families displaced by Hurricane
Fiona for a period of 24 months after September 27, 2022. The
provision of 24 CFR 92.209(h)(1) imposing the maximum amount of TBRA
assistance a participating jurisdiction may provide to a family
under HOME TBRA is waived for TBRA recipients who are displaced by
Hurricane Fiona for a period of 24 months after September 27, 2022.
The waiver of the housing quality standards requirements at 24 CFR
92.209(i) applies to units leased by TBRA recipients who were
displaced by Hurricane Fiona and are being assisted through a HOME
TBRA program funded by the participating jurisdiction for a period
of 24 months after September 27, 2022.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.218 and 92.222(b).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas (see FEMA-DR-4671-PR).
Nature of Requirement: This provision requires all HOME
participating jurisdictions to contribute throughout the fiscal year
to housing that qualifies as affordable housing under the HOME
program. The contributions must total no less than 25 percent of the
HOME funds drawn from the participating jurisdiction's HOME
Investment Trust Fund Treasury account. Reducing the match
requirement for the participating jurisdiction by 100 percent for FY
2022 and FY 2023 will eliminate the need for the participating
jurisdiction to identify match for HOME projects related to the
damage caused by Hurricane Fiona. The requirement that the
participating jurisdiction must submit a copy of the Presidential
major disaster-declaration is waived.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: Given the urgent housing needs created by
Hurricane Fiona and the substantial financial impact the
participating jurisdiction will face in addressing those needs, the
approval of a match reduction will relieve the participating
jurisdiction from the need to identify and provide matching
contributions to HOME projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster areas
from October 1, 2021, through September 30, 2023. The suspension
also applies to State-funded HOME projects located in declared-
disaster areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4671-PR) .
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., homebuyer assistance, and state and local
standards and codes or model codes for rehabilitation and new
construction.
Property standard requirements are waived for repair of
properties damaged by Hurricane Fiona. Units must meet State and
local health and safety codes. The lead housing safety regulations
established in 24 CFR part 35 are not waived. Also, accessibility
requirements at 24 CFR 92.251(a)(2)(i) are not waived.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver is required to enable the
participating jurisdiction to meet the critical housing needs of
families whose housing was damaged and families who were displaced
by Hurricane Fiona.
Applicability: This waiver applies only to housing units located
in the declared-disaster areas which were damaged by the disaster
and to which HOME funds are committed within two years of September
27, 2022.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4671-PR).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months. Many
families whose homes were destroyed or damaged by
[[Page 8889]]
Hurricane Fiona will not have any documentation of income and will
not be able to qualify for HTF assistance if the requirement remains
effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: September 27, 2022.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by Hurricane Fiona.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration) whose income
documentation was destroyed or made inaccessible by Hurricane Fiona
and remains in effect for six months from September 27, 2022. The
grantee or, as appropriate, HTF project owner, is required to
maintain: (1) a record of FEMA registration to demonstrate that a
family was displaced by Hurricane Fiona; and (2) a statement signed
by appropriate family members certifying to the family's size and
annual income and that the family's income documentation was
destroyed or is inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The cities of Bakersfield, California, El
Monte, California, and Los Angeles, 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 22nd Street
Lofts, 88th & Vermont, the Metro Family Housing project, and Ybarra
Village, four HOME-assisted projects.
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: Jemine A. Bryon, Acting General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 18, 2022.
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, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Marin 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 Centertown
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: Jemine A. Bryon, Acting General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 18, 2022.
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, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The State of Georgia 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 Providence at Parkway
Village 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: Jemine A. Bryon, Acting General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 18, 2022.
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) 708-2684.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The State of North Dakota 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 Monterey
Apartments and Winterland Apartments, two HOME-assisted projects.
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: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 29, 2022.
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) 708-2684.
Regulation: 24 CFR 574.310(b)(2)(iii), Space and
Security.
Project/Activity: City of Tampa, FL; State of Arkansas; City of
Denver, CO; State of Connecticut; City of Salt Lake City, UT; City
of Los Angeles, CA; State of Hawaii; City of Las Vegas, NV.
Nature of Requirement: This section of the HOPWA regulations
provides that each resident must be afforded adequate space and
security for themselves and their belongings.
Granted By: Jemine A. Bryon, Deputy Assistant Secretary for
Special Needs.
Date Granted: July 1, 2022-September 30, 2022.
Reason Waived: In 2020, CPD began issuing waivers of regulatory
authority available on a nationwide basis with a simplified opt-in
process to help recipients prevent and mitigate the spread of COVID-
19. Between March 31, 2020, and December 30, 2021, CPD published
several memoranda announcing nationwide availability of regulatory
waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to apply for certain
regulatory waivers to provide continued flexibility during the
COVID-19 pandemic and pandemic recovery.
Notice CPD-22-09 provided expedited processing of requests to
waive 24 CFR 574.310(b)(2)(iii), so that grantees and project
[[Page 8890]]
sponsors operating housing facilities and shared housing
arrangements can place more than two people in a room or reconfigure
rooms, common areas and other appropriate spaces for temporary
quarantine services of eligible individuals and families affected by
COVID-19. Notice CPD-22-09 required grantees to justify in the
waiver request why the grantee or project sponsor cannot provide
adequate space and security in accordance with the standard provided
at 24 CFR 574.310(b)(2)(iii). The waiver request must also specify
the period during which the grantee needs to use this waiver and
that effective period must not extend beyond March 31, 2023.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916, [email protected].
Regulation: 24 CFR 574.330(a)(1), Time Limits for
Short-Term Housing Facilities and Short-Term Rent, Mortgage, and
Utility Payments.
Project/Activity: City of Kansas City, MO; City of Cincinnati,
OH; State of Louisiana; City of Tampa, FL; State of Florida; City of
Boston, MA; State of Arkansas; State of Connecticut; City of Fort
Lauderdale, FL; State of Hawaii; State of Kansas; City of Salt Lake
City, UT; State of Wisconsin; State of Georgia; City of Oakland, CA;
City of New York City, NY; City of Dallas, TX; City of Los Angeles,
CA; State of New York; City of Richmond, VA; City of Denver, CO;
State of Kentucky; City of Las Vegas, NV; Commonwealth of Puerto
Rico.
Nature of Requirement: This section of the HOPWA regulations
limits the total amount of time an eligible individual or family can
reside in a short-term supported housing facility to no more than 60
days during any six-month period. It also limits the Short-Term
Rent, Mortgage, and Utility (STRMU) payments to prevent the
homelessness of the tenant or mortgagor of a dwelling to no more
than 21 weeks in any 52-week period.
Granted By: Jemine A. Bryon, Deputy Assistant Secretary for
Special Needs.
Date Granted: July 1, 2022-September 30, 2022.
Reason Waived: In 2020, CPD began issuing waivers of regulatory
authority available on a nationwide basis with a simplified opt-in
process to help recipients prevent and mitigate the spread of COVID-
19. Between March 31, 2020, and December 30, 2021, CPD published
several memoranda announcing nationwide availability of regulatory
waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to apply for certain
regulatory waivers to provide continued flexibility during the
COVID-19 pandemic and pandemic recovery.
Notice CPD-22-09 provided expedited processing of grantee
requests to waive the 21-week and 60-day limitations in 24 CFR
574.330(a)(1). In utilizing the waiver, the grantee or project
sponsor must document, on an individual household basis, that a good
faith effort has been made to assist the household to achieve
housing stability within the time limits specified in the
regulations, but that financial needs or health and safety concerns
have prevented the household from doing so. The grantee or project
sponsor must also have written policies and procedures outlining
efforts to regularly re-assess the needs of assisted households, as
well as processes for granting extensions based on documented
financial needs or health and safety concerns. The waiver request
must specify the alternative limits to be used in place of the 21-
week and 60-day limit as applicable, and those limits must not
exceed 52 weeks and 120 days, respectively and specify the period
during which the grantee needs to use this waiver and that effective
period must not extend beyond March 31, 2023.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916, [email protected].
Regulation: 24 CFR 574.530, Self-Certification of
Income and Credible Information on HIV Status.
Project/Activity: Maui AIDS Foundation; City of Kansas City, MO;
City of Cincinnati, OH; State of Louisiana; City of Tampa, FL; City
of Boston, MA; State of Arkansas; State of Connecticut; City of Salt
Lake City, UT; State of Wisconsin; Chicago House and Social Service
Agency; City of Denver, CO; City of New York City, NY; City of Los
Angeles, CA; State of New York; Commonwealth of Puerto Rico; State
of Georgia; State of Hawaii; City of Las Vegas, NV.
Nature of Requirement: HOPWA grantees and project sponsors must
maintain records to document compliance with HOPWA requirements,
which includes determining the eligibility of a family to receive
HOPWA assistance.
Granted By: Jemine A. Bryon, Deputy Assistant Secretary for
Special Needs.
Date Granted: July 1, 2022-September 30, 2022.
Reason Waived: In 2020, CPD began issuing waivers of regulatory
authority available on a nationwide basis with a simplified opt-in
process to help recipients prevent and mitigate the spread of COVID-
19. Between March 31, 2020, and December 30, 2021, CPD published
several memoranda announcing nationwide availability of regulatory
waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA
grantees were provided the opportunity to apply for certain
regulatory waivers to provide continued flexibility during the
COVID-19 pandemic and pandemic recovery.
Notice CPD-22-09 provided expedited processing of requests to
waive the requirement at 24 CFR 574.530 to have source documentation
of HIV status at the time of the determination of eligibility. In
utilizing the waiver, grantees and project sponsors may accept
written certification of HIV status and income to document
eligibility of an individual or family seeking assistance if the
grantee or project sponsor agrees to obtain source documentation of
HIV status and income eligibility within 90 days of obtaining the
written certification. Grantees and project sponsors must provide
justification as to why source documentation cannot be acquired at
the time of the eligibility determination. The waiver request must
specify the period during which the grantee needs to use this waiver
and that effective period must not extend beyond March 31, 2023.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916, [email protected].
I. Mega-Waiver for Hurricane Fiona--Continuum of Care (CoC) Program
On September 27, 2022, Principal Deputy Assistant Secretary
Marion McFadden issued a memorandum offering waivers of certain
statutory and regulatory requirements associated with several
Community Planning and Development (CPD) grant programs to address
damage and facilitate recovery from Hurricane Fiona in areas covered
by a major disaster declaration under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), DR-4671-PR, dated September 21, 2022, and as may be amended
(the ``declared-disaster areas''). The following summarizes the
waivers available for CoC Program Recipients. The September 27,
2022, memorandum was updated on December 8, 2022, to clarify the
documentation requirements to support the use of some waivers to
assist impacted individuals and provide greater clarity on the use
of some waivers outside of the declared disaster area.
CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance
Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR
578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i).
Project/Activity: For two years from September 27, 2022 the 24-
month limit on rental assistance is waived for individuals and
families who meet the following criteria. (1) The individual or
family lives in a declared-disaster area or was displaced from a
declared-disaster area as a result of the disaster; and (2) the
individual or family is currently receiving rental assistance or
begins receiving rental assistance within two years after the date
of the memorandum.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will
[[Page 8891]]
receive rental assistance within 2 years of the date of the
memorandum, to maintain stable permanent housing in another area and
help them return to their hometowns, as desired, when additional
permanent housing becomes available. It will also provide additional
time to stabilize individuals and families in permanent housing
where vacancy rates are extraordinarily low due to the disaster.
Experience with prior disasters has shown us some program
participants need additional months of rental assistance to identify
and stabilize in housing of their choice, which can mean moving
elsewhere until they are able to return to their hometowns.
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.
CoC--One Year Lease Requirement
Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease requirement is waived for
two years beginning on September 27, 2022, for program participants
living in a declared-disaster area or program participants displaced
from a declared-disaster area as a result of the disaster, so long
as the initial lease term of all leases is for more than one month,
and the leases are renewable for terms that are a minimum of one
month long and the leases are terminable only for cause.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter leases that have an initial term of less than one
year, so long as the leases have an initial term of more than one
month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
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.
CoC--One-Time Limit on Moving Costs
Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on September 27,
2022, for program participants living in a declared-disaster area or
program participants displaced from a declared-disaster area as a
result of the disaster.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving this provision will permit recipients to
pay for reasonable moving costs for program participants more than
once and will assist program participants affected by the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, and
experience with prior disasters has shown us some program
participants will need additional assistance moving to a new unit
while others will need assistance moving back to their original
units after repairs are completed. Further, until the housing market
stabilizes, experience has shown many program participants will need
to move more than once during their participation in a program to
find a unit that best meets their needs.
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.
CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds
Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is waived for any lease
executed by a recipient or subrecipient in declared-declared areas
to provide transitional or permanent supportive housing during the
2-year period beginning on September 27, 2022. The affected
recipient or subrecipient must still ensure that rent paid for
individual units that are leased with CoC Program leasing dollars
meet the rent reasonableness standard in 24 CFR 578.49(b)(2) meaning
the rent paid must be reasonable in relation to rents being charged
for comparable units, taking into account the location, size, type,
quality, amenities, facilities, and management services.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
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.
CoC--Disability Documentation for Permanent Supportive Housing (PSH)
Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from September 27, 2022, so long
as (1) the intake-staff records observations of disability in the
client file at time of application; or (2) the individual seeking
assistance provides written certification that they have a
qualifying disability is provided at time of application.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified below will allow recipient to house people impacted by
Hurricane Fiona by relying on intake staff-recorded observations of
disability or a written self-certification by the program
participant. This will help individuals and families with
disabilities to expeditiously receive needed housing assistance when
paperwork from the Social
[[Page 8892]]
Security Administration or medical professionals cannot be quickly
obtained.
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.
II. Mega-Waiver for Hurricane Fiona--Emergency Solutions Grants
(ESG) Program
On September 27, 2022, Principal Deputy Assistant Secretary
Marion McFadden issued a memorandum offering waivers of certain
statutory and regulatory requirements associated with several
Community Planning and Development (CPD) grant programs to address
damage and facilitate recovery from Hurricane Fiona in areas covered
by a major disaster declaration under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), DR-4671-PR, dated September 21, 2022, and as may be amended
(the ``declared-disaster areas''). The following summarizes the
waivers available for ESG Program Recipients.
ESG--Citizen Participation Public Comment Period for Consolidated Plan
Amendment
Regulation: 24 CFR 91.105(c)(2); 24 CFR 91.105(k) and
24 CFR 91.115(c)(2) and 24 CFR 91.115(i)--30-day Public Comment
Period for Consolidated Plan Amendment.
Project/Activity: Many individuals and families residing in the
declared-disaster area were affected, including the current
beneficiaries of the ESG Program and families eligible to receive
ESG assistance. The state has inquired about the availability of
certain regulatory waivers of ESG Program requirements to facilitate
recovery and assist individuals and families affected by the
disaster. This authority is in effect through the end of the 2022
program year for grantees within the declared-disaster areas.
Nature of Requirement: An ESG Program recipient may amend an
approved consolidated plan in accordance with 24 CFR 91.505.
Substantial amendments to the consolidated plan, such as the
addition of new activities or a change in the use of ESG Program
funds from one eligible activity to another, are subject to the
citizen participation process in the recipient's citizen
participation plan. The citizen participation plan must provide
citizens with 30 days to comment on substantial amendments.
Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115
(c)(2) and (i) set forth the citizen participation plan requirements
for local governments and states, respectively. For substantial
amendments to the consolidated plan, the regulations require the
recipient to follow its citizen participation plan to provide
citizens, for both local government and state plans, and units of
general local government, for state plans, with reasonable notice
and opportunity to comment. The citizen participation plan must
state how reasonable notice and opportunity to comment will be
given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: HUD recognizes the destruction wrought by
Hurricane Fiona makes it difficult for impacted jurisdictions within
the declared-disaster areas to provide notice to citizens in
accordance with their citizen participation plans. Therefore, HUD
waives 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115(c)(2) and (i)
to allow these grantees to determine what constitutes reasonable
notice and opportunity to comment given their circumstances.
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.
ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and
Housing Relocation and Stabilization Services.
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
(1) the individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of Hurricane
Fiona; and (2) the individual or family is currently receiving
rental assistance or housing relocation stabilization services or
begins receiving rental assistance or housing relocation and
stabilization services within two years after the date of the
memorandum. For these individuals and families, ESG funds may be
used to provide up to 36 consecutive months of rental assistance,
utility payments, and housing stability case management, in addition
to the 30 days of housing stability case management that may be
provided before the move into permanent housing under 24 CFR
576.105(b)(2). HUD will also consider further waiver requests to
allow assistance to be provided for longer than three years, if the
recipient demonstrates good cause.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management assistance
will assist individuals and families, both those already receiving
assistance and those who will receive assistance subsequent to the
date of the memorandum to maintain stable permanent housing in place
or in another area and help them return to their hometowns, as
desired, when additional permanent housing is available.
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.
ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is waived for any rent
amount that takes effect during the two-year period beginning on
September 27, 2022, for any individual or family who is renting or
executes a lease for a unit in a declared-disaster area. However,
the affected recipients and their subrecipients must still ensure
that the units in which ESG assistance is provided to these
individuals and families meet the rent reasonableness standard. HUD
will consider requests to waive the FMR restriction for rent amounts
that take effect after the two-year period, if a recipient
demonstrates good cause.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of Hurricane
Fiona. Waiving the FMR restriction will make more units available to
individuals and families in need of permanent housing.
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.
ESG--Housing Standards
Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing standards at 24 CFR 576.403(c)
are waived for units in the declared disaster area that are or will
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: 1.
Each unit must still meet applicable state and local standards; 2.
Each unit must be free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA); and 3. Recipients must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of September 27, 2022.
[[Page 8893]]
Nature of Requirement: If ESG funds are used to help a program
participant remain in or move into housing, the housing must meet
the minimum habitability standards provided in 24 CFR 576.403(c).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
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.
ESG--Shelter Standards
Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter standards at 24 CFR 576.403(b)
are waived for shelters in the declared disaster area that are or
will be occupied by individuals and families eligible for ESG
emergency shelter assistance, provided that: (1) Each shelter must
meet applicable state and local standards; (2) Each shelter must be
free of life-threatening conditions defined in Notice PIH 2017-20
(HA); and (3) Recipients ensure that these shelters
Nature of Requirement: If ESG funds are used for shelter
operations costs, the shelter must meet the minimum safety,
sanitation and privacy standards under 24 CFR 576.403(b). If ESG
funds are used to convert a building into a shelter, rehabilitation
a shelter, or otherwise renovate a shelter, the shelter must meet
the minimum safety, sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local government safety
and sanitation standards.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
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.
ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs
Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by and reasonable HMIS and administrative costs related to
that assistance. In addition, no expenditure may be made or charged
to any grant on or after the date Treasury closes the relevant
account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: Providing a limited waiver of the expenditure
deadline as described in the applicability paragraph below will
support recipients' ability to assist individuals and families as
provided by waivers 19 and 20 above.
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.
ESG--Assisting Program Participants With Subleases
Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: 1. The individual or family lives in the declared-disaster area
or was displaced from the declared-disaster area as a result of
Hurricane Fiona; 2. The individual or family is currently receiving
ESG-funded rental assistance as the leaseholder or housing
relocation stabilization services or begins receiving rental
assistance or housing relocation stabilization services within two
years after September 27, 2022; 3. The individual or family chooses
to rent a unit through a legally valid sublease or lease with the
primary leaseholder for the unit; and 4. The recipient has developed
written policies to apply the requirements of 24 CFR 576.105, 24 CFR
576.106, 24 CFR 576.409, and 24 CFR 576.500(h) with respect to that
program participant by reading the references to ``owner'' and
``housing owner'' to apply to the primary leaseholder and reading
the references to ``lease'' to apply to the program participant's
sublease or lease with the primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2022.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
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.
III. Expedited COVID-19 Waivers (Notice CPD-22-09)--CoC
CoC--Suitable Dwelling Size and Housing Quality Standards--Permanent
Housing--Rapid Re-Housing Projects
Regulation: 24 CFR 578.75(c), and 24 CFR
982.401(d)(2)(ii) as required by 24 CFR 578.75(b).
Nature of Requirement: 4 CFR 578.75(c), suitable dwelling size,
and 24 CFR 982.401(d)(2)(ii) as required by 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.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Project/activity
------------------------------------------------------------------------- Date granted Reasons waived
Grantee Grant Nos.
----------------------------------------------------------------------------------------------------------------
Erie County............................ PA0856L3E052004, 7/1/2022 A, B
PA0856L3E052105.
Project Community Connections, Inc..... GA0314L4B002005, 7/18/2022 A, B
GA0278LB012006,
GA0334L4B012004,
GA0317L4B012005,
GA0327L4B082005.
Eastern Carolina Housing Organization.. SC0123L4E032106, 7/25/2022 A
SC0123L4E032005,
SC0147L4E032104,
SC0147L4E032003,
SC0148L4E032104,
SC0148L4E032003,
SC0166L4E032102,
SC0166L4E032001,
SC0160D4E032103,
SC0160D4E032002,
SC0179D4E032100.
[[Page 8894]]
Clark County Homeless Coalition, Inc... KY0204L4I001901................ 8/16/2022 A
The Kitchen, Inc....................... MO0187L7P002007, 8/16/2022 A
MO0208L7P002005.
S.H.A.R.E. House, Inc.................. GA0295L4B012106................ 8/16/2022 A
Lee County Board of County FL0537L4D032107, 8/16/2022 A, B
Commissioners. FL0815L4D032102,
FL0816L4D032102,
FL0817L4D032102,
FL0818L4D032102.
Services for the Underserved, Inc...... NY1174L2T032104, 8/16/2022 A
NY1231L2T031901.
County of Kent......................... MI0173L5F062013, 8/18/2022 A
MI0173L5F062114,
MI0174L5F062013,
MI0174L5F062114.
Kentucky Housing Coalition............. KY0024L4I002114, 8/17/2022 A
KY0138L4I002005,
KY0138L4I002106,
KY0145L4I002005,
KY0150L4I002005,
KY0151L4I002005,
KY0151L4I002013,
KY0152L4I002006,
KY0152L4I002107,
KY0154L4I002005,
KY0154L4I002106,
KY0156L4I002005,
KY0156L4I002106.
Pottstown Cluster of Religious PA0767L3T042005................ 8/24/2022 A, B
Communities.
Valley Youth House Committee........... PA0808L3T092004, 8/24/2022 A
PA0808L3T092105,
PA0887L3T092003,
PA0887L3T092104,
PA0825L3T122004,
PA0825L3T122105,
PA0893L3T122003,
PA0893L3T122104,
PA0924L3T082002,
PA0924L3T082103,
PA0970L3T112001,
PA0970L3T112102,
PA0917L3T042002,
PA0917L3T042103,
PA0765L3T032005,
PA0765L3T032106,
PA0687L3T042107.
Valencia Shelter Services.............. NM0056L6B012112, 8/24/2022 A
NM0129D6B012103.
Strategies to End Homelessness......... OH0686Y5E002100, 8/24/2022 A
OH0683U5E002100,
OH9999U5E002106.
Decatur Cooperative Ministry........... GA0364L4B082003................ 8/30/2022 A
San Diego Housing Commission........... CA0534L9D012013................ 9/7/2022 A
Barren River Area Safe Space, Inc...... KY0206D4I002002; 9/7/2022 A
KY0206D4I002103.
Partners for HOME...................... GA0418D4B002100................ 9/9/2022 A
Community Resource Center.............. CA1598L9D012105, 9/9/2022 A
CA1793D9D012103.
St. Louis County, MO................... MO0304L7E002001, 9/9/2022 A
MO0248L7E002003.
City of Indianapolis................... IN0227Y5H031800, 9/29/2022 A
IN0228Y5H031800,
IN0230Y5H031800,
IN0186L5H032106,
IN0196L5H032105,
IN0209L5H032104,
IN0225D5H032102,
IN0247L5H032100.
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local data related to the pandemic's impact that supports the waiver flexibility, the number of unassisted
households living in units with more than two persons per room in the geographic area).
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
CoC--Fair Market Rent for Individual Units and Leasing Costs
Regulation: 24 CFR 578.49(b)(2).
Nature of Requirement: 24 CFR 578.49(b)(2) prohibits a recipient
from using grant funds for leasing to pay above FMR when leasing
individual units, even if the rent is reasonable when compared to
other similar, unassisted units.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Mental Health Association of Tulsa, Inc OK0114L6I012005, 7/1/2022 A, B
OK0114L6I012106,
OK0043L6I012012,
OK0043L6I012113.
Erie County............................ PA0854L3E052004, 7/1/2022 A
PA0463L3E052110.
The Center of Concern.................. IL0275L5T112013, 7/8/2022 A
IL0275L5T112114.
EightCAP, Inc.......................... MI0435L5F002007, 7/12/2022 A
MI0668L5F002001.
Society of St. Vincent de Paul, Council KY0131L4I012108, 7/15/2022 A
of Louisville, Inc. KY0095L4I012012,
KY0095L4I012113.
Keystone Opportunity Center............ PA0625L3T042007, 7/18/2022 A, B
PA0625L3T042108.
Eastern Carolina Housing Organization.. SC0136L4E032105, 7/25/2022 A, B
SC0136L4E032004,
SC0034L4E032114,
SC0034L4E032013,
SC0147L4E032104,
SC0147L4E032003,
SC0148L4E032104,
SC0148L4E032003,
SC0160D4E032103,
SC0160D4E032002,
SC0179D4E032100.
Arizona Department of Housing.......... AZ0022L9T002013, 7/25/2022 A, B
AZ0022U9T002114.
Housing First Inc...................... AL0131L4C012005, 8/1/2022 A, B
AL0028L4C012013,
AL0037L4C012013.
Community Rebuilders................... MI0315L5F062111, 8/1/2022 A
MI0345L5F062110,
MI0412L5F062007,
MI0412L5F062108,
MI0578L5F062003,
MI0578L5F062104,
MI0650D5F062001,
MI0650D5F062102.
Volunteers of America of Florida, Inc.. FL0247L4D012114, 8/1/2022 B
FL0192L4D002013.
City of Oklahoma....................... OK0127L6I022004, 8/1/2022 A, B
OK0127L6I022105,
OK0052L6I022109.
Families First of Palm Beach County.... FL0275L4D052012................ 8/1/2022 B
Clark County Homeless Coalition, Inc... KY0204L4I001901................ 8/16/2022 A
The Kitchen, Inc....................... MO0182L7P002007................ 8/16/2022 A, B
Family Gateway......................... TX0285L6T002009................ 8/16/2022 A, B
Crossroads Rhode Island................ RI0003L1T002013, 8/16/2022 A, B
RI0003L1T002114,
RI0030L1T002013.
Housing Services Mid Michigan.......... MI0327L5F232009, 8/16/2022 A, B
MI0327L5F232110.
County of Kent......................... MI0173L5F062013, 8/18/2022 A, B
MI0173L5F062114,
MI0174L5F062013,
MI0174L5F062114.
Kentucky Housing Coalition............. KY0027L4I002013, 8/17/2022 A, B
KY0027L4I002114,
KY0022L4I002013,
KY0022L4I002114,
KY0012L4I002013,
KY0012L4I002114,
KY0155L4I002005,
KY0155L4I002106,
KY0113L4I002008,
KY0113L4I002109,
KY0157L4I002005,
KY0157L4I002106,
KY0121L4I002009,
KY0121L4I002110,
KY00304LI002114,
KY0106L4I002110,
KY0013L4I002114,
KY0039L4I002013,
KY0014L4I002114.
Together We Cope....................... IL0237L5T112012, 8/17/2022 B
IL0252L5T112013,
IL0237L5T112113,
IL0252L5T112114.
Wayne County CoC....................... PA0883L3T092003, 8/24/2022 B
PA0883L3TO92104.
Valley Youth House Committee........... PA0893L3T122003, 8/24/2022 B
PA0893L3T122104,
PA0917L3T042002,
PA0917L3T042103.
Strategies to End Homelessness......... OH0686Y5E002100, 8/24/2022 A, B
OH0683U5E002100,
OH9999U5E002106.
[[Page 8895]]
Thresholds............................. IL0554L5T112107, 8/25/2022 B
IL0578L5T102107,
IL0417L5T022110,
IL0577L5T102007,
IL0577L5T102108,
IL0002L5T002013,
IL0002L5T002114,
IL1675L5T002001,
IL1675L5T002102.
Concern for Independent Living......... NY0528L2T032013................ 8/31/2022 B
Findlay Hope House for the Homeless, OH0383L5E072108................ 8/30/2022 B
Inc.
Decatur Cooperative Ministry........... GA0364L4B082003................ 8/30/2022 B
Coalition for the Homeless............. KY0048L4I012011, 9/9/2022 B
KY0048L4I012112,
KY0050L4I012114,
KY0061L4I012114,
KY0097L4I012113,
KY0099L4I012012,
KY0099L4I012113,
KY0124L4I012009,
KY0124L4I012110,
KY0173L4I012004,
KY0173L4I012105.
Volunteers of America Oklahoma......... OK0060L6I012112................ 9/7/2022 B
Monroe County Opportunity Program...... MI0248L5F152012................ 9/9/2022 A, B
St. Louis County, MO................... MO0003L7E002012, 9/9/2022 A, B
MO0106L7E002010.
OneEighty.............................. OH0469L5E072105................ 9/23/2022 A, B
Connections for the Homeless, Inc...... IL0053L5T112114................ 9/23/2022 B
City of Indianapolis................... IN0073L5H032114................ 9/29/2022 B
Guam Housing & Urban Renewal........... GU0018L9C002007, 9/29/2022 A, B
GU0018L9C002108.
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates,
low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
CoC--One-Year Lease Requirement
Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
Nature of Requirement: 24 CFR 578.3, definition of permanent
housing, and 24 CFR 578.51(l)(1) requires program participants
residing in permanent housing to be the tenant on a lease for a term
of at least one year that is renewable and terminable for cause.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Erie County............................ PA0331L3E052013, 7/1/2022 A, B
PA0331L3E052114,
PA0854L3E052004,
PA0856L3E052004,
PA0856L3E052105,
PA0463L3E052110.
Catholic Charities of West Tennessee... TN0241L4J012106................ 7/12/2022 A, B
Project Community Connections, Inc..... GA0314L4B002005, 7/18/2022 A
GA0278LB012006,
GA0334L4B012004,
GA0317L4B012005,
GA0327L4B082005.
Connecticut Department of Mental Health CT0161L1E052009, 7/25/2022 A
and Addiction Service. CT0022L1E052013,
CT0054L1E052013,
CT0062L1E052013,
CT0070L1E052013,
CT0073L1E052013,
CT0089L1E052013,
CT0164L1E052011,
CT0035L1E032013,
CT0061L1E052013,
CT0211L1E052008,
CT0011L1E052013,
CT0013L1E052013,
CT0131L1E052012,
CT0151L1E052012,
CT0212L1E052009,
CT0246L1E052007,
CT0265L1E052006,
CT0285L1E032005,
CT0286L1E052005,
CT0297L1E052004,
CT0328L1E032002,
CT0329L1E032002,
CT0340L1E052001,
CT0077L1E052013,
CT0162L1E052006,
CT0034L1E032013,
CT0176L1E052009,
CT0052L1E052013,
CT0129L1E052012,
CT0142L1E052012,
CT0154L1E052010,
CT0172L1E052008,
CT0185L1E052010,
CT0200L1E052009,
CT0204L1E052009,
CT0210L1E032009,
CT0076L1E052013,
CT0053L1E052013,
CT0141L1E052012,
CT0104L1E032013,
CT0324L1E032002,
CT0012L1E052013,
CT0023L1E052013,
CT0135L1E052012,
CT0237L1E052008,
CT0161L1E052110,
CT0022L1E052114,
CT0054L1E052114,
CT0062L1E052114,
CT0070L1E052114,
CT0073L1E052114,
CT0089L1E052114,
CT0164L1E052112,
CT0035L1E032114,
CT0061L1E052114,
CT0211L1E052109,
CT0011L1E052114,
CT0013L1E052114,
CT0131L1E052113,
CT0151L1E052012,
CT0212L1E052009,
CT0246L1E052108,
CT0265L1E052107,
CT0285L1E032106,
CT0286L1E052106,
CT0297L1E052105,
CT0328L1E032103,
CT0329L1E032103,
CT0340L1E052102,
CT0077L1E052114,
CT0034L1E032114,
CT0176L1E052110,
CT0052L1E052114,
CT0129L1E052113,
CT0142L1E052113,
CT0154L1E052111,
CT0172L1E052109,
CT0185L1E052111,
CT0200L1E052110,
CT0204L1E052110,
CT0210L1E032110,
CT0076L1E052114,
CT0053L1E052114,
CT0141L1E052113,
CT0104L1E032114,
CT0324L1E032103,
CT0012L1E052114,
CT0023L1E052114,
CT0135L1E052113,
CT0237L1E052109,
CT0355L1E052100.
Eastern Carolina Housing Organization.. SC0136L4E032105, 7/25/2022 A, B
SC0136L4E032004,
SC0123L4E032106,
SC0123L4E032005,
SC0034L4E032114,
SC0034L4E032013,
SC0147L4E032104,
SC0147L4E032003,
SC0148L4E032104,
SC0148L4E032003,
SC0166L4E032102,
SC0166L4E032001,
SC0160D4E032103,
SC0160D4E032002,
SC0179D4E032100.
Housing First Inc...................... AL0131L4C012005, 8/1/2022 A, B
AL0028L4C012013,
AL0037L4C012013.
Community Renewal Team................. CT0059L1E052114, 8/16/2022 A, B
CT0272L1E052106,
CT0261L1E052107.
S.H.A.R.E. House, Inc.................. GA0295L4B012106................ 8/16/2022 A
Dakota County.......................... MN0077L5K02114................. 8/16/2022 A
Lee County Board of County FL0537L4D032107, 8/16/2022 A
Commissioners. FL0815L4D032102,
FL0816L4D032102,
FL0817L4D032102,
FL0818L4D032102.
Chester County Department of Community PA0148L3T052114, 8/16/2022 A
Development. PA0729L3T052106,
PA0768L3T052106,
PA0877L3T052104,
PA0919L3T052103,
PA0990L3T052102,
PA1025L3T052100.
Humboldt County........................ CA1192L9T222007, 8/16/2022 A
CA0852L9T222009.
Services for the Underserved, Inc...... NY1174L2T032104, 8/16/2022 A
NY1231L2T031901.
Partners Health management............. NC0099L4F092113, 8/18/2022 A
NC0116L4F092110,
NC0042L4F032114.
[[Page 8896]]
Kentucky Housing Coalition............. KY0110L4I002011, 8/17/2022 A
KY0110L4I002112,
KY0145L4I002005,
KY0027L4I002013,
KY0027L4I002114,
KY0022L4I002013,
KY0022L4I002114,
KY0151L4I002005,
KY0151L4I002013,
KY0150L4I002005,
KY0012L4I002013,
KY0012L4I002114,
KY0155L4I002005,
KY0155L4I002106,
KY0122L4I002005,
KY0122L4I002106,
KY0154L4I002005,
KY0154L4I002106,
KY0156L4I002005,
KY0156L4I002106,
KY0113L4I002008,
KY0113L4I002109,
KY0157L4I002005,
KY0157L4I002106,
KY0138L4I002005,
KY0138L4I002106,
KY0152L4I002006,
KY0152L4I002107,
KY0121L4I002009,
KY0121L4I002110,
KY0114L4I002010,
KY0114L4I002111,
KY0105L4I002109,
KY0105L4I002110,
KY0021L4I002115,
KY0020L4I002115,
KY0127L4I002109,
KY00304LI002114,
KY0026L4I002114,
KY0024L4I002114,
KY0120L4I002105,
KY0106L4I002110,
KY0013L4I002114,
KY0025L4I002114,
KY0123L4I002105,
KY0014L4I002114.
Together We Cope....................... IL0237L5T112012, 8/17/2022 B
IL0252L5T112013,
IL0237L5T112113,
IL0252L5T112114.
Catholic Charities of Southern Missouri MO0245L7P061903, 8/24/2022 B
MO0209L7P001904,
MO0210L7P021904.
Pottstown Cluster of Religious PA0767L3T042005, 8/24/2022 A
Communities. PA0133L3T042013.
Valley Youth House Committee........... PA0808L3T092004, 8/24/2022 B
PA0808L3T092105,
PA0887L3T092003,
PA0887L3T092104,
PA0825L3T122004,
PA0825L3T122105,
PA0893L3T122003,
PA0893L3T122104,
PA0924L3T082002,
PA0924L3T082103,
PA0989L3T042001,
PA0989L3T042102,
PA0970L3T112001,
PA0970L3T112102,
PA0917L3T042002,
PA0917L3T042103,
PA0765L3T032005,
PA0765L3T032106,
PA0687L3T042107.
Valencia Shelter Services.............. NM0056L6B012112, 8/24/2022 A
NM0129D6B012103.
Thresholds............................. IL0554L5T112107, 8/25/2022 B
IL0225L5T102114,
IL0578L5T102107,
IL0417L5T022110,
IL0577L5T102007,
IL0577L5T102108,
IL0002L5T002013,
IL0002L5T002114,
IL1675L5T002001,
IL1675L5T002102.
Home Forward........................... OR0036L0E012114................ 8/30/2022 B
Women's Resource Center................ PA0733L3T082005................ 8/30/2022 A, B
Economic Opportunity Council of Suffolk NY1232L2T032103................ 8/30/2022 B
Decatur Cooperative Ministry........... GA0364L4B082003................ 8/30/2022 B
San Diego Housing Commission........... CA1602L9D012004, 9/7/2022 A, B
CA0534L9D012013,
CA1208L9D0112007,
CA1349L9D012006.
Barren River Area Safe Space, Inc...... KY0206D4I002002; 9/7/2022 B
KY0206D4I002103.
Coalition for the Homeless............. KY0048L4I012011, 9/9/2022 A
KY0048L4I012112,
KY0050L4I012114,
KY0061L4I012114,
KY0097L4I012113, and
KY0124L4I012009,
KY0124L4I012110,
KY0173L4I012004,
KY0173L4I012105.
Community Resource Center.............. CA1598L9D012105, 9/9/2022 A
CA1793D9D012103.
St. Louis County, MO................... MO0304L7E002001, 9/9/2022 A, B
MO0003L7E002012,
MO0248L7E002012,
MO0106L7E002010.
OneEighty.............................. OH0469L5E072105................ 9/23/2022 A
City of Indianapolis................... IN0228Y5H031800, 9/29/2022 A
IN0230Y5H031800,
IN0186L5H032106,
IN0196L5H032105,
IN0209L5H032104,
IN0225D5H032102,
IN0247L5H032100.
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining
necessary paperwork due to office closures or staffing shortages, challenges securing 12-month leases due to
landlord trepidation or low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months Rental
Assistance
Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR
578.51(a)(1)(i), 24 CFR 578.37(a)(1)(ii), and 24 CFR
578.37(a)(1)(ii)(C).
Nature of Requirement: 24 CFR 578.37(a)(1)(ii) and 24 CFR
578.51(a)(1)(i) defines medium term rental assistance as 3-24 months
and 24 CFR 578.37(a)(1)(ii) and 24 CFR 578.37(a)(1)(ii)(C) limits
rental assistance in Rapid Re-housing projects to medium-term rental
assistance, or no more than 24 months.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
NYC Department of Social Services...... NY1276D2T001900, 7/1/2022 A, B
NY1044L2T002005,
NY1110L2T002004,
NY1223D2T002002,
NY1224L2T002002,
NY1225L2T002002,
NY1274D2T002001,
NY1275D2T002001,
NY1276D2T002001,
NY1297L2T002001,
NY1110L2T002105,
NY1223D2T002103,
NY1225L2T002103,
NY1274D2T002102,
NY1275D2T002102,
NY1276D2T002102,
NY1297L2T002102.
Erie County............................ PA0856L3E052004, 7/1/2022 A, B
PA0856L3E052105.
The House of Faith, Inc................ NJ0507L2F062105................ 7/8/2022 A, B
Catholic Charities of West Tennessee... TN0241L4J012106................ 7/12/2022 A, B
Society of St. Vincent de Paul, Council KY0230D4I012001, 7/15/2022 A, B
of Louisville, Inc. KY0230D4I012102.
Options for Community Living, Inc...... NY1234L2T032002................ 7/18/2022 A, B
Keystone Opportunity Center............ PA0625L3T042007, 7/18/2022 A, B
PA0625L3T042108.
Community Action Partnership of NE0106L7D022004................ 8/1/2022 A, B
Lancaster and Saunders County.
S.H.A.R.E. House, Inc.................. GA0295L4B012106................ 8/16/2022 A, B
Dakota County.......................... MN0077L5K02114................. 8/16/2022 A, B
YWCA St. Joseph........................ MO0276D7P032002................ 8/18/2022 A, B
Kentucky Housing Coalition............. KY0145L4I002005, 8/17/2022 A, B
KY0151L4I002005,
KY0151L4I002013,
KY0150L4I002005,
KY0154L4I002005,
KY0154L4I002106,
KY0156L4I002005,
KY0156L4I002106,
KY0138L4I002005,
KY0138L4I002106,
KY0152L4I002107,
KY0121L4I002009,
KY0024L4I002114.
[[Page 8897]]
Wayne County CoC....................... PA0883L3T092003, 8/24/2022 B
PA0883L3TO92104.
Pottstown Cluster of Religious PA0767L3T042005................ 8/24/2022 B
Communities.
Valley Youth House Committee........... PA0808L3T092004, 8/24/2022 B
PA0808L3T092105,
PA0825L3T122004,
PA0825L3T122105,
PA0924L3T082002,
PA0924L3T082103,
PA0765L3T032005,
PA0765L3T032106,
PA0687L3T042107.
Strategies to End Homelessness......... OH0686Y5E002100, 8/24/2022 A, B
OH0683U5E002100,
OH9999U5E002106.
Economic Opportunity Council of Suffolk NY1232L2T032103................ 8/30/2022 A
Decatur Cooperative Ministry........... GA0364L4B082003................ 8/30/2022 A, B
San Diego Housing Commission........... CA0534L9D012013................ 9/7/2022 A
Partners for HOME...................... GA0418D4B002100................ 9/9/2022 A
Community Resource Center.............. CA1598L9D012105, 9/9/2022 A, B
CA1793D9D012103.
St. Louis County, MO................... MO0204L7E002001, 9/9/2022 B
MO0248L7E002003.
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining
necessary paperwork due to office closures or staffing shortages, low vaccination rates or high
hospitalization rates of people experiencing homelessness or higher unemployment rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
CoC--Disability Documentation for Permanent Supportive Housing
Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Nature of Requirement: Intake-staff recorded observations of
disability is acceptable evidence when documenting disability for
individuals and families that meet the ``chronically homeless''
definition at 24 CFR 578.3. However, the CoC Interim Rule requires
such observations to be confirmed and accompanied by other evidence
no later than 45 days from the application for assistance.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
The Salvation Army, Beaver County...... PA0321L3E032114................ 7/1/2022 B
Mental Health Association of Tulsa, Inc OK0114L6I012005, 7/1/2022 B
OK0114L6I012106,
OK0043L6I012012,
OK0043L6I012113,
OK0153L6I012102.
Bethesda Project....................... PA0074L3T002114, 7/8/2022 B
PA0075L3T002114.
Connecticut Department of Mental Health CT0161L1E052009, 7/25/2022 B
and Addiction Service. CT0022L1E052013,
CT0054L1E052013,
CT0062L1E052013,
CT0070L1E052013,
CT0073L1E052013,
CT0089L1E052013,
CT0164L1E052011,
CT0035L1E032013,
CT0061L1E052013,
CT0211L1E052008,
CT0011L1E052013,
CT0013L1E052013,
CT0131L1E052012,
CT0151L1E052012,
CT0212L1E052009,
CT0246L1E052007,
CT0265L1E052006,
CT0285L1E032005,
CT0286L1E052005,
CT0297L1E052004,
CT0328L1E032002,
CT0329L1E032002,
CT0340L1E052001,
CT0077L1E052013,
CT0162L1E052006,
CT0034L1E032013,
CT0176L1E052009,
CT0052L1E052013,
CT0129L1E052012,
CT0142L1E052012,
CT0154L1E052010,
CT0172L1E052008,
CT0185L1E052010,
CT0200L1E052009,
CT0204L1E052009,
CT0210L1E032009,
CT0076L1E052013,
CT0053L1E052013,
CT0141L1E052012,
CT0104L1E032013,
CT0324L1E032002,
CT0012L1E052013,
CT0023L1E052013,
CT0135L1E052012,
CT0237L1E052008,
CT0161L1E052110,
CT0022L1E052114,
CT0054L1E052114,
CT0062L1E052114,
CT0070L1E052114,
CT0073L1E052114,
CT0089L1E052114,
CT0164L1E052112,
CT0035L1E032114,
CT0061L1E052114,
CT0211L1E052109,
CT0011L1E052114,
CT0013L1E052114,
CT0131L1E052113,
CT0151L1E052012,
CT0212L1E052009,
CT0246L1E052108,
CT0265L1E052107,
CT0285L1E032106,
CT0286L1E052106,
CT0297L1E052105,
CT0328L1E032103,
CT0329L1E032103,
CT0340L1E052102,
CT0077L1E052114,
CT0034L1E032114,
CT0176L1E052110,
CT0052L1E052114,
CT0129L1E052113,
CT0142L1E052113,
CT0154L1E052111,
CT0172L1E052109,
CT0185L1E052111,
CT0200L1E052110,
CT0204L1E052110,
CT0210L1E032110,
CT0076L1E052114,
CT0053L1E052114,
CT0141L1E052113,
CT0104L1E032114,
CT0324L1E032103,
CT0012L1E052114,
CT0023L1E052114,
CT0135L1E052113,
CT0237L1E052109,
CT0355L1E052100.
Community Rebuilders................... MI0315L5F062111, 8/1/2022 B
MI0345L5F062110,
MI0412L5F062007,
MI0412L5F062108.
City of Oklahoma....................... OK0127L6I022004, 8/1/2022 B
OK0127L6I022105,
OK0052L6I022109.
Community Renewal Team................. CT0059L1E052114, 8/16/2022 A
CT0272L1E052106,
CT0261L1E052107.
Partnership Against Domestic Violence.. GA0338L3B022004, 8/16/2022 A, B
GA0338L4B022105.
Services for the Underserved, Inc...... NY1174L2T032104, 8/16/2022 B
NY1231L2T031901.
Partners Health management............. NC0099L4F092113, 8/18/2022 B
NC0116L4F092110,
NC0042L4F032114.
County of Kent......................... MI0173L5F062013, 8/18/2022 B
MI0173L5F062114,
MI0174L5F062013,
MI0174L5F062114.
Kentucky Housing Coalition............. KY0110L4I002011, 8/17/2022 A, B
KY0110L4I002112,
KY0027L4I002013,
KY0027L4I002114,
KY0022L4I002013,
KY0022L4I002114,
KY0012L4I002013,
KY0012L4I002114,
KY0155L4I002005,
KY0155L4I002106,
KY0122L4I002005,
KY0122L4I002106,
KY0113L4I002008,
KY0113L4I002109,
KY0157L4I002005,
KY0157L4I002106,
KY0121L4I002009,
KY0121L4I002110,
KY0114L4I002010,
KY0114L4I002111,
KY0105L4I002109,
KY0105L4I002110,
KY0021L4I002115,
KY0020L4I002115,
KY0127L4I002109,
KY00304LI002114,
KY0026L4I002114,
KY0120L4I002105,
KY0106L4I002110,
KY0013L4I002114,
KY0025L4I002114,
KY0123L4I002105,
KY0014L4I002114.
Pottstown Cluster of Religious PA0133L3T042013................ 8/24/2022 A, B
Communities.
Strategies to End Homelessness......... OH0686Y5E002100, 8/24/2022 A, B
OH0683U5E002100,
OH9999U5E002106.
Findlay Hope House for the Homeless, OH0383L5E072108................ 8/30/2022 A
Inc.
[[Page 8898]]
A Safe Haven Foundation................ IL00095L5T101912, 8/30/2022 A
IL0371L5T101911,
IL0121L5T101912,
IL0222L5T101912,
IL0236L5T101912.
San Diego Housing Commission........... CA0534L9D012013................ 9/7/2022 B
City of Philadelphia................... PA0013L3T002114................ 9/9/2022 B
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Insufficient staffing levels to carry out activities due to the pandemic's impact on the community or
jurisdiction.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining
necessary paperwork due to office closures or staffing shortages, low vaccination rates or high
hospitalization rates of people experiencing homelessness or people living with HIV).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
IV. Expedited COVID-19 Waivers (Notice CPD-22-09)--ESG
ESG--Assisting Program Participants With Subleases
Regulation: 24 CFR 576.105; 24 CFR 576.106.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 restrict program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants sublease
or lease from a person other than the owner or the owner's agent.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Lee County Human and Veteran Services.. E21UC120013.................... 7/12/2022 A, B
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, delays in obtaining
necessary paperwork due to office closures or staffing shortages, challenges securing 12-month leases due to
landlord trepidation or low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
ESG--Durational Limits on Housing Relocation and Stabilization Services
Regulation: 24 CFR 576.105(b)(2); 24 CFR 576.105(c).
Nature of Requirement: 24 CFR 576.105(b)(2) limits the provision
of housing stability case management to 30 days while the program
participant is seeking permanent housing and to 24 months during the
period the program participant is living in housing. 24 CFR
576.105(c) limits the total amount of time a program participant may
receive services under 24 CFR 576.105(b) to 24 months during any 3-
year period.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Lee County Human and Veteran Services.. E21UC120013.................... 7/12/2022 A, B
City of Evanston....................... E22MC170012, E21MC170012....... 7/12/2022 A, B
Orange County Office of Community E21UC360105; E22UC360105....... 08/18/2022 A, B
Development.
City of Lexington...................... E21MC210004.................... 08/17/2022 A, B
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Potential negative impacts of the pandemic on providing assistance to program participants, including the
delay of identifying housing or the onset of housing instability.
B. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates,
low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
ESG--24-Month Limit on Rental Assistance
Regulation: 24 CFR 576.106(a).
Nature of Requirement: 24 CFR 576.106(a) limits the total amount
of time a program participant may receive rental assistance to 24-
months during a 3-year period.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Lee County Human and Veteran Services.. E21UC120013.................... 7/12/2022 A
City of Evanston....................... E22MC170012, E21MC170012....... 7/12/2022 A
Orange County Office of Community E21UC360105, E22UC360105....... 08/18/2022 A
Development.
Collier County Government.............. E21UC120016, E22UC120016....... 08/16/2022 A
[[Page 8899]]
City of Lexington...................... E21MC210004.................... 08/17/2022 A
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates,
low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
ESG--Restriction of Rental Assistance to Units With Rent at or Below
FMR
Regulation: 24 CFR 576.106(d)(1).
Nature of Requirement: 24 CFR 576.106(d)(1) provides that rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
The following table provides a summary of the waivers HUD
provided with respect to this requirement in accordance with the
expedited waiver process described in Notice CPD-22-09, which is
available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf.
----------------------------------------------------------------------------------------------------------------
Grantee Grant Nos. Date granted Reasons waived
----------------------------------------------------------------------------------------------------------------
Lee County Human and Veteran Services.. E21UC120013, E19UC120013....... 7/12/2022 A
New York State Office of Temporary and E21DC360001.................... 7/1/2022 A
Disability Assistance.
City of Evanston....................... E22MC170012, E21MC170012....... 7/12/2022 A
State of Arizona....................... E21DC040001.................... 7/25/2022 A
Pinellas County Housing and Community E21UC120005, E22UC120005....... 7/25/2022 A
Development Department.
Orange County Office of Community E21UC360105; E22UC360105....... 08/18/2022 A
Development.
Collier County Government.............. E21UC120016, E22UC120016....... 08/16/2022 A
City of Raleigh........................ E21MC370009, E22MC370009....... 9/23/2022 A
City of Dallas......................... E21MC480009, E22MC480009....... 9/29/2022 A
----------------------------------------------------------------------------------------------------------------
Code Key for Reasons Waived:
A. Local pandemic-specific delays or limitations (e.g., social distancing requirements, increased rental rates,
low vacancy rates).
Contact: More information about each waiver and a copy of the
request and the approval may be obtained by contacting: 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.
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), Property Development.
Project/Activity: O'Keefe Apartments, Project No. 071-11545,
Chicago, Illinois.
Nature of Requirement: 24 CFR 200.73(c). The regulation requires
that a site contain at least five rental dwelling units [of an FHA
insured multifamily housing project] shall be on one site and it is
part of other contiguous sites comprised of one marketable
manageable real estate entity. The regulation reads as follows:
(c) The improvements shall constitute a single project. Not less
than five rental dwelling units or personal care units, 20 medical
care beds, or 50 manufactured home pads, shall be on one site,
except that such limitations do not apply to group practice
facilities.
Chapter 3 Section 3.1.30 of the MAP Guide permits a project with
two or more noncontiguous parcels of land when the parcels comprise
one marketable, manageable real estate entity.
The lender, Merchants Capital Corporation, proposes to finance
the acquisition of O'Keefe Apartments project with a loan to be
insured pursuant to Section 223(f). The property is in the South
Shore neighborhood of Chicago and is comprised of 5 buildings with a
total of 67 units within a one-mile radius. Of the 5 buildings one
has only 3 units within a two-story townhouse building. The O'Keefe
Apartments has been part of HUD Multifamily' s assisted housing
portfolio for many years and is now under a single Housing
Assistance Payment (HAP) contract for rental assistance.
Granted by: Julia R. Gordon, Assistant Secretary Office of
Housing-Federal Housing Administration.
Date Granted: September 23, 2022.
Reason Waived: The Lender, Merchants Capital Corporation has
deep roots in affordable housing in the Chicago market. All units
are covered by a Section 8 HAP contract and New 20-year renewals
will be requested. The proposed mortgage amount is $6,232,400. There
is a total of $1,270 in repairs. The project currently has one
vacant unit for an overall occupancy of 98.5% per May 17, 2022, rent
roll. The O'Keefe Apartments property continue to remain affordable
and would preserves much needed affordable housing options for low-
income residents in the South Shore neighborhood and is consistent
with the Secretary's goal of maintaining affordable housing for low-
income persons.
Contact: Willie Fobbs, Director, Office of Multifamily
Production, Office of Housing, HTD, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-6257.
Regulation: 24 CFR 219.220(b)(1995) Payment and
Repayment of Operating Assistance.
Project/Activity: Warren Gardens Apartments; FHA No. 023-55049.
Nature of Requirement: This regulation sets forth the
requirements that govern the repayment of operating assistance under
the Flexible Subsidy Program for Troubled Projects and states
``Assistance that has been paid to a project owner under this
subpart must be repaid at the earlier of the expiration of the term
of the mortgage, termination of mortgage insurance, prepayment of
the mortgage, or sale of the project.''
Granted by: Julia R. Gordon Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 20, 2022.
Reason Waived: The regulation at 24 CFR 219.220(b)(1995) was
waived to permit the deferment of the outstanding balance of the
Flexible Subsidy Loans, plus accrued interest, for Warren Gardens,
and permit the Owner to repay the loans through a repayment plan.
This waiver is effective from the date of issuance.
Contact: Saadia Figueroa-Smallwood, Acting Director, Office of
Asset Management and Portfolio Oversight, Field Asset Management
Division, HTN, Office of Housing, 451 Seventh Street SW, Washington,
DC 20410, telephone (904) 208-6026.
[[Page 8900]]
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 982.303(b)(1).
Nature of Requirement: Notice PIH 2022-09 Streamlined Regulatory
Waivers for the Housing Choice Voucher (including Mainstream and Mod
Rehab) Program. Allows PHAs to grant a family one or more extensions
of the initial voucher term regardless of the policy described in
the Administrative Plan. PHAs should ensure consistency with these
requests and remain in compliance with the PHA's informally adopted
interim standard.
Reason Waived: PHAs were granted to the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 and 2021-34 to provide
continued flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver request in accordance with
Section 106 of the Department of Housing and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Housing Authority of the County of San
Joaquin; Tulare County Housing Authority; Kings County Housing
Authority; St. Petersburg Housing Authority; Great Bend Housing
Authority; Liberty Housing Authority; Howell County Public Housing
Agency; Jersey City Housing Authority; Lakewood Housing Authority;
Newark Housing Authority; Village of Cobleskill; Montgomery County
Housing Authority; Housing Authority of the City of El Paso, Housing
Authority of Texarkana; Tarrant County Housing Assistance Office;
Newport News Regional Housing Authority; Housing Authority of Racine
County; Fairmont/Morgantown Housing Authority
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th St. SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 982.303(b)(1).
Nature of Requirement: Notice PIH 2021-34 Expedited Regulatory
Waivers for the Public Housing and Housing Choice Voucher (including
Mainstream and Mod Rehab) Program(s). Allows PHAs to grant a family
one or more extensions of the initial voucher term regardless of the
policy described in the Administrative Plan. PHAs should ensure
consistency with these requests and remain in compliance with the
PHA's informally adopted interim standard.
Reason Waived: PHAs were granted the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide continued
flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver requests in accordance with
Section 106 of the Department of Housing and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Harrison Housing Authority; St. Francis County
Housing Authority; South Tucson Housing Authority; Housing Authority
of the County of Merced; Housing Authority of the County of
Stanislaus; Benicia Housing Authority; Suisun City Housing
Authority; Housing Authority of the City of Long Beach; Housing
Authority of the City of Madera; Compton Housing Authority; Santa
Rosa Housing Authority; Burbank Housing Authority; Housing Authority
of the City of Glendale; Housing Authority of the City of National
City; Hartford Housing Authority; Middletown Housing Authority;
Naugatuck Housing Authority; Cocoa Housing Authority; Housing
Authority of Pompano Beach; Ocala Housing Authority; Fort Walton
Beach Housing Authority; Hendry County Housing Authority; Collier
County Housing Authority; Winnebago County Housing Authority; Terre
Haute Housing Authority; Jeffersonville Housing Authority; Cambridge
Housing Authority; Springfield Housing Authority; Milford Housing
Authority; Andover Housing Authority; Hingham Housing Authority;
Housing Authority of St. Mary's County (MD), Maryland Department of
Housing And Community Development; Old Town Housing Authority;
Saginaw Housing Commission; Benton Harbor Housing Commission; St.
Clair Shores Housing Commission; Muskegon Housing Commission; Saint
Paul Public Housing Agency; Independence Housing Authority; High
Point Housing Authority; Greensboro Housing Authority; Durham
Housing Authority; Chatham County Housing Authority; Southeastern
Community & Family Services, Inc.; Franklin-Vance-Warren Opportunity
Inc.; Omaha Housing Authority; Northern Regional Housing Authority;
Rochester Housing Authority; Kingston Housing Authority; Ithaca
Housing Authority; Springfield Metropolitan Housing Authority; Allen
Metropolitan Housing Authority; Knox Metropolitan Housing Authority;
Miami Metropolitan Housing Authority; Morrow Metropolitan Housing
Authority; Pittsburgh Housing Authority; Columbia County Housing
Authority; Newport Housing Authority; Bristol Housing Authority
(RI); Rhode Island Housing; Municipality Of Mayaguez; Municipality
Of Gurabo; Municipality Of Anasco; Municipality Of Naguabo; Lake
City Housing Authority; Hartsville Housing Authority; South Carolina
State Housing Finance and Development Authority; Meade County
Housing and Redevelopment Commission; Lawrence County Housing and
Redevelopment Commission; Butte County Housing Authority; Kingsport
Housing and Redevelopment Authority; Morristown Housing Authority;
San Antonio Housing Authority; Denton Housing Authority; Tarrant
County Housing Assistance Office ; Terrell Housing Department;
Virginia Beach Department of Housing & Neighborhood Preservation;
Springfield Housing Authority; Bremerton Housing Authority; Madison
Housing Authority; Sauk County Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th St. SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 984.303(k).
Project/Activity: Idaho Housing and Finance Association.
Nature of Requirement: 24 CFR 984.303(k) is a regulation
pertaining to termination with Family Self-Sufficiency (FSS) escrow
disbursement.
Reason Waived: The agency requested a waiver of this regulation
to allow the accrued escrow to be passed to a participant's mother.
The mother is elderly and unable to work, which would prevent her
from being able to assume the Contract of Participation and complete
it, as envisioned in 24 CFR 984.305(d), Succession of FSS Account.
After considering the information presented by the agency and absent
a statutory prohibition, HUD finds good cause to waive 24 CFR
984.303(k) to allow for both a completion of the Contract of
Participation and release of escrow without graduation.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: September 2, 2022.
Contact: Jayme Brown, Director, Community and Supportive
Services Division, Office of Public Housing Investments; Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20140, telephone
(202) 402-3624.
Regulation: 24 CFR 983.153(c).
Project/Activity: St. Petersburg Housing Authority (SPHA).
Nature of Requirement: 24 CFR 983.153(c) prohibits a PHA from
entering into the Agreement to Enter into Housing Assistance
Payments (AHAP) contract with the owner if construction or
rehabilitation has commenced after proposal submission.
Reason Waived: The HUD Miami Field Office reviewed the Request
for Proposals issued by SPHA and the award to Innovare's
development. The request addressed the requirement to not begin
construction prior to entering into the AHAP. SPHA reported that the
developer did not involve SPHA in its decision to start
construction. Upon being notified of commenced work and resulting
programmatic violations, SPHA requested that the contractor
immediately cease construction activities, and began correcting
deficiencies noted during the review. Notwithstanding the
developer's failure to execute an AHAP with SPHA prior to beginning
construction, it should be noted that the developer from the outset
complied with all applicable Davis-Bacon requirements. Based on the
above analysis and considering the good cause presented, HUD waived
the regulation and allowed SPHA to sign and enter into an AHAP
contract for 25 project-based vouchers in the Innovare project
[[Page 8901]]
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: September 7, 2022.
Contact: Nathaniel Johnson, Senior Housing Program Specialist,
Office of Public Housing and Voucher Programs; Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Washington, DC 20140, telephone: (202) 402-5156.
Regulation: 24 CFR 985.101, 24 CFR 985.105.
Project/Activity: Marion County Housing Authority.
Nature of Requirement: 24 CFR 985.101 states that a PHA must
submit to HUD a required Section 8 Management Assessment Program
(SEMAP) certification form within 60 calendar days after the end of
its fiscal year. 24 CFR 985.105 states that HUD shall assess each
PHA's performance under SEMAP annually and shall assign each PHA a
SEMAP score and overall performance rating.
Reason Waived: MCHA was greatly impacted by the COVID-19
pandemic, causing staff shortages, participant difficulty in
submitting documentation and delayed scheduled inspections. In
addition, the agency transitioned to a new software system--causing
delayed Rent Reasonableness Certifications, which resulted in late
annual reexaminations of family income--and was also impacted by two
natural disasters--a major wildfire in September 2020 and an ice
storm in February 2021. The agency hired 10 case managers and only
retained three due to turnover. The Housing Quality Standards (HQS)
Inspector's ongoing health condition limits their work assignments.
In the past 2 months, 25 percent of scheduled inspections have been
delayed because of a COVID-19 infection in the household. Further,
landlords citied high cost of materials and delays in obtaining
parts and appliance replacements delaying repairs. Despite MCHA
losing its Housing Program Supervisor in November of 2021, and the
former Executive Director in April of 2022, the agency's operations
are now stabilized, including a third-party HQS Inspector assisting
with overdue inspections along with the completed implementation of
the new software system. The MCHA received a standard rating on its
prior SEMAP certifications in 2019 (which carried over due to the
regulatory waivers provided by the CARES Act) from 2018 and 2017.
Moreover, the Portland Field Office recommended approval of MCHA's
waiver request.
Due to these circumstances, HUD determined, pursuant to the
waiver authority provided at 24 CFR 5.110, that there is good cause
to waive both regulations.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: Sep. 27, 2022.
Contact: Michelle Daniels, Housing Program Specialist, Community
and Supportive Services Division, Office of Public Housing
Investments; Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20140, telephone: (202) 402-6051.
Regulation: 24 CFR 982.503(b).
Nature of Requirement: Notice PIH 2022-09 Streamlined Regulatory
Waivers for the Housing Choice Voucher (including Mainstream and Mod
Rehab) Program.
Reason Waived: PHAs were granted to the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 and PIH 2021-34 to
provide continued flexibility during the pandemic and pandemic
recovery. HUD expeditiously responded to these waiver request in
accordance with Section 106 of the Department of Housing and Urban
Development Reform Act of 1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Lonoke County Housing Authority; Housing
Authority of the County of San Joaquin; Kings County Metropolitan
Housing Authority; Livermore Housing Authority; West Hartford
Housing Authority; St. Petersburg Housing Authority; Dekalb County
Housing Authority; Springfield Housing Authority; Wichita Housing
Authority; Great Bend Housing Authority; Weston Housing Authority;
Liberty Housing Authority; Howell County Public Housing Agency;
Lakewood Housing Authority; Plattsburgh Housing Authority; Geneva
Housing Authority; Mansfield Metropolitan Housing Authority; Huron
Metropolitan Housing Authority; Crawford Metropolitan Housing
Authority; Pike Metropolitan Housing Authority; Seneca Metropolitan
Housing Authority; Berks County Housing Authority; Union County
Housing Authority; Smithfield Housing Authority; Garland Housing
Agency; Newport News Regional Housing Authority; Rhinelander Housing
Authority; Ashland County Housing Authority; Chippewa County Housing
Authority; Fairmont/Morgantown Housing Authority; Bluefield Housing
Authority; Jefferson Metropolitan Housing Authority.
Tesia Anyanaso, Program Specialist, Coordination and Compliance
Division, Office of Field Operations; Public and Indian Housing,
Department of Housing and Urban Development, 451 7th St. SW,
Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 982.503(b).
Nature of Requirement: Notice PIH 2021-34 Expedited Regulatory
Waivers for the Public Housing and Housing Choice Voucher (including
Mainstream and Mod Rehab) Program(s).
Reason Waived: PHAs were granted to the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide continued
flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver request in accordance with
Section 106 of the Department of Housing and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Housing Authority of the City of Jasper;
Opelika Housing Authority; Housing Authority of Foley; Tallassee
Housing Authority; Troy Housing Authority; Northwest Regional
Housing Authority; Harrison Housing Authority; Flagstaff Housing
Authority; Winslow Housing Authority; South Tucson Housing
Authority; Oakland Housing Authority; Benicia Housing Authority;
Suisun City Housing Authority; Carlsbad Housing Agency; Burbank
Housing Authority; Placer County Housing Authority; Hartford Housing
Authority; Middletown Housing Authority; Ansonia Housing Authority;
Vernon Housing Authority; Housing Authority of Pompano Beach; Ocala
Housing Authority; Plant City Housing Authority; Punta Gorda Housing
Authority; Boca Raton Housing Authority; Hendry County Housing
Authority; Collier County Housing Authority; Housing Authority of
the City and County of Honolulu; Waukegan Housing Authority;
Delaware County Housing Authority; Lawrence County Housing and
Redevelopment Commission; Butte County Housing Authority; Kingsport
Housing and Redevelopment Authority; LaFollette Housing Authority;
Brownsville Housing Authority; Morristown Housing Authority; Dayton
Housing Authority; Bristol Housing Authority (TN); Roanoke-Chowan
Regional Housing Authority; Southeastern Community & Family
Services, Inc.; Omaha Housing Authority; Portsmouth Housing
Authority; Bergen County Housing Authority; Union County Housing
Authority; Mesilla Valley Housing Authority; Northern Regional
Housing Authority; Herkimer Housing Authority; Kingston Housing
Authority; Ithaca Housing Authority; Harrietstown Housing Authority;
New York City Department of Housing Preservation and Development;
City of New Rochelle Housing Authority; City of Peekskill; Town of
Southampton Housing Authority; Zanesville Metropolitan Housing
Authority; Allen Metropolitan Housing Authority; Logan County
Metropolitan Housing Authority; Broken Bow Housing Authority;
Columbia County Housing Authority; Newport Housing Authority; West
Warwick Housing Authority; Coventry Housing Authority; East
Greenwich Housing Authority; Rhode Island Housing; Municipality of
Gurabo; Municipality of Anasco; Rock Hill Housing Authority;
Watertown Housing Authority; Anthony Housing Authority; Central
Texas Council of Governments; Anderson County; Terrell Housing
Department; Housing Authority of Utah County; Logan City Housing
Authority; Roosevelt City Housing Authority; Bear River Regional
Housing Authority; Cedar City Housing Authority; Scott County
Regional Housing Authority; Bremerton Housing Authority; Grays
Harbor Housing Authority; Walla Walla Housing Authority; Madison
Housing Authority; New London Housing Authority; Kenosha Housing
Authority; Barron County Housing Authority; Richmond Housing
Authority; Terre Haute Housing Authority; Warsaw Housing Authority;
Lafayette Housing Authority; Atchison Housing Authority; Somerset
Housing Authority; New Orleans Housing Authority; Springfield
Housing Authority (MA); Milford Housing Authority; Hagerstown
Housing
[[Page 8902]]
Authority; Maryland Department of Housing and Community Development;
Old Town Housing Authority; Saginaw Housing Commission; Benton
Harbor Housing Commission; The Kandiyohi County Housing and
Redevelopment Authority; McLeod County Housing and Redevelopment
Authority; Independence Housing Authority; Wilmington Housing
Authority; Rocky Mount Housing Authority; Wadesboro Housing
Authority; Meade County Housing and Redevelopment Commission;
Housing Authority of Lubbock; Brenham Housing Authority; Burnet
Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 982.505(c)(4).
Nature of Requirement: Notice PIH 2022-09 Streamlined Regulatory
Waivers for the Housing Choice Voucher (including Mainstream and Mod
Rehab) Program.
Reason Waived: PHAs have the option to increase the payment
standard for the family at any time after the effective date of the
increase, rather than waiting for the next regular reexamination.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Kings County Housing Authority; Suisun City
Housing Authority; Orange County Housing Authority; St. Petersburg
Housing Authority; Boise City Housing Authority; Ada County Housing
Authority; Great Bend Housing Authority; Great Bend Housing
Authority; Tennessee Valley Regional Housing Authority; Plattsburgh
Housing Authority; Jefferson Metropolitan Housing Authority;
Mansfield Metropolitan Housing Authority; Huron Metropolitan Housing
Authority; Hocking Metropolitan Housing Authority; Crawford
Metropolitan Housing Authority; Pike Metropolitan Housing Authority;
City of Bowling Green Housing Division; Portland Housing Authority;
Independence Housing Authority; Weston Housing Authority; Lincoln
County Public Housing Agency; Liberty Housing Authority; Howell
County Public Housing Agency; Seneca Metropolitan Housing Authority;
Berks County Housing Authority; Housing Connect-Salt Lake County;
Superior Housing Authority; Chippewa County Housing Authority;
Fairmont/Morgantown Housing Authority; Bluefield Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 982.505(c)(4).
Nature of Requirement: Notice PIH 2021-34 Expedited Regulatory
Waivers for the Public Housing and Housing Choice Voucher (including
Mainstream and Mod Rehab) Program(s).
Reason Waived: PHAs were granted to the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide continued
flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver request in accordance with
Section 106 of the Department of Housing and Urban Development
Reform Act of 1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: Mobile Housing Authority; Housing Authority of
the City of Jasper; Opelika Housing Authority; Opp Housing
Authority; Housing Authority of Foley; Tallassee Housing Authority;
St. Francis County Housing Authority; Winslow Housing Authority;
Cocoa Housing Authority; Ocala Housing Authority; Plant City Housing
Authority; Collier County Housing Authority; Housing Authority of
the City and County of Honolulu; Southwestern Idaho Cooperative
Housing Authority; Winnebago County Housing Authority; Delaware
County Housing Authority; Tell City Housing Authority; Terre Haute
Housing Authority; Jeffersonville Housing Authority; Lafayette
Housing Authority; Beatrice Housing Authority; Portsmouth Housing
Authority; Bergen County Housing Authority; Mesilla Valley Housing
Authority; Rochester Housing Authority; Kingston Housing Authority;
Town of Southampton; Zanesville Metropolitan Housing Authority;
Municipality of Anasco; Meade County Housing and Redevelopment
Commission; Lawrence County Housing and Redevelopment Commission;
Butte County Housing Authority; Johnson City Housing Authority;
Chattanooga Housing Authority; Kingsport Housing and Redevelopment
Authority; Lafayette Housing Authority; Brownsville Housing
Authority; Morristown Housing Authority; Bristol Housing Authority
(TN); Southeast Tennessee Human Resource Agency; South Tucson
Housing Authority; Housing Authority of the County of Merced;
Housing Authority of the County of Stanislaus; Carlsbad Housing
Agency; City of Norwalk; Hartford Housing Authority; Middletown
Housing Authority; Naugatuck Housing Authority; Hingham Housing
Authority; Massachusetts Department of Housing and Community
Development; Maryland Department of Housing and Community
Development; Saginaw Housing Commission; Benton Harbor Housing
Commission; St. Clair Shores Housing Commission; Biloxi Housing
Authority; Chatham County Housing Authority; East Spencer Housing
Authority; Southeastern Community & Family Services, Inc,; Franklin-
Vance-Warren Opportunity Inc.; Omaha Housing Authority; Springfield
Metropolitan Housing Authority; Columbiana Metropolitan Housing
Authority; Coshocton Metropolitan Housing Authority; Miami
Metropolitan Housing Authority; Newport Housing Authority; West
Warwick Housing Authority; Bristol Housing Authority (TN);
Municipality of Gurabo; Housing Authority of the City of Waco;
Edgewood Housing; Central Texas Council of Governments; Terrell
Housing Department; Housing Authority of Utah County; Springfield
Housing Authority (VT); Bremerton Housing Authority; Grays Harbor
Housing Authority; Madison Housing Authority; Wausau Housing
Authority; Barron County Housing Authority; Clarksburg/Harrison
Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 982.634(a).
Nature of Requirement: Notice PIH 2021-34 Expedited Waivers for
the Public Housing and Housing Choice Voucher (including Mainstream
and Mod Rehab) Program(s), 24 CFR 982.634(a) allows PHAs to extend
homeownership assistance for one additional year.
Reason Waived: PHAs were granted the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide continued
flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver requests in accordance with
Section 106 of the Department and Urban Development Reform Act of
1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1-September 30, 2022.
Project/Activity: High Point Housing Authority; Greensboro
Housing Authority; Southeastern Community & Family Services, Inc.;
Omaha Housing Authority; Rochester Housing Authority; New York
Department of Housing Preservation and Development; Lorain
Metropolitan Housing Authority; Charleston County Housing Authority;
Madison Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
Regulation: 24 CFR 985.105, 24 CFR 985.101.
Nature of Requirement: Notice PIH 2021-34 Expedited Waivers for
the Public Housing and Housing Choice Voucher (including Mainstream
and Mod Rehab) Program(s), 24 CFR 985.105, 24 CFR 985.101 whereas
PHAs with a fiscal year end 3/31/22, 6/30/22, or 9/30/22 may request
to waive Section 8 Management Assessment Program if an indicator
declines as a result of operational disruptions and from its
adoption of one or more CARES Act waivers.
Reason Waived: PHAs were granted the opportunity to apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide continued
flexibility during the pandemic and pandemic recovery. HUD
expeditiously responded to these waiver requests in accordance with
Section 106 of the Department and Urban Development Reform Act of
1989.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
[[Page 8903]]
Date Granted: July 1-September 30, 2022.
Project/Activity: Opelika Housing Authority; Tuscaloosa Housing
Authority; Tallassee Housing Authority; Hot Springs Housing
Authority; Paragould Housing Authority; St. Francis County Housing
Authority; City of Tempe Housing Authority; Housing Authority of the
County of Stanislaus; Housing Authority of the City of San
Buenaventura; Benicia Housing Authority; Housing Authority of the
County of Yolo; Housing Authority of the City of Long Beach; Housing
Authority of the City of Madera; Compton Housing Authority; Housing
Authority of the City of Santa Paula; Frederick Housing Authority;
Maryland Department of Housing and Community Development; Saginaw
Housing Commission; Benton Harbor Housing Commission; Muskegon
Housing Commission; Dowagiac Housing Commission; Saint Paul Public
Housing Agency; Housing and Redevelopment Authority of Virginia;
Independence Housing Authority; Weston Housing Authority; Greenville
Housing Authority; Orange County Housing Authority; Roanoke-Chowan
Regional Housing Authority; Chatham County Housing Authority; East
Spencer Housing Authority; Stillwater Housing Authority; Housing
Authority of Malheur County; Northeast Oregon Housing Authority;
Berks County Housing Authority; Cumberland County Housing Authority;
Providence Housing Authority; Newport Housing Authority; Bristol
Housing Authority (RI); Rhode Island Housing; Municipality Of
Mayaguez; Municipality of Trujillo Alto; Bear River Regional Housing
Authority; Bristol Regional Housing Authority; Scott County Regional
Housing Authority; Loudoun County Office of Housing; Springfield
Housing Authority (VT); Bremerton Housing Authority; Carlsbad
Housing Agency; Santa Rosa Housing Authority; Burbank Housing
Authority; Housing Authority of the City of Glendale; Placer County
Housing Authority; South Metro Housing Options; Middletown Housing
Authority; Jacksonville Housing Authority; Ocala Housing Authority;
Fort Walton Beach Housing Authority; Hendry County Housing
Authority; Collier County Housing Authority; Housing Authority of
the City of Statesboro; Muscatine Housing Authority; Oskaloosa
Municipal Housing Agency; Coastal Community Action, Inc.;
Southeastern Community & Family Services, Inc.; Franklin-Vance-
Warren Opportunity Inc.; Atlantic City Housing Authority; Bergen
County Housing Authority; Penns Grove Housing Authority; New Jersey
Department of Community Affairs; Mesilla Valley Housing Authority;
Northern Regional Housing Authority; Saratoga Springs Housing
Authority; Rochester Housing Authority; Kingston Housing Authority;
Hornell Housing Authority; New York City Department of Housing
Preservation and Development; City of Utica; Housing Authority of
Myrtle Beach; South Carolina State Housing Finance and Development
Authority; Meade County Housing and Redevelopment Commission;
Lawrence County Housing and Redevelopment Commission; Butte County
Housing Authority; Dayton Housing Authority; Housing Authority of
Slaton; Brenham Housing Authority; Denton Housing Authority; Tarrant
County Housing Assistance Office; Logan City Housing Authority; Sauk
County Housing Authority; Marinette County Housing Authority;
Huntington Housing Authority; Bluefield Housing Authority;
Clarksburg/Harrison Housing Authority; Albia Housing Agency; Central
Iowa Regional Housing Authority; Iowa Northland Regional Housing
Authority; Southwestern Idaho Cooperative Housing Authority; Idaho
Housing and Finance Association; Joliet Housing Authority; Winnebago
County Housing Authority; Jeffersonville Housing Authority;
Campbellsville Housing Authority; Springfield Housing Authority
(KY); City of Covington; Appalachian Foothills; Springfield Housing
Authority (MA); Milford Housing Authority; Hingham Housing
Authority; Youngstown Metropolitan Housing Authority; Portsmouth
Metropolitan Housing Authority; Lorain Metropolitan Housing
Authority; Butler Metropolitan Housing Authority; Ironton
Metropolitan Housing Authority; Belmont Metropolitan Housing
Authority; Springfield Metropolitan Housing Authority; Greene
Metropolitan Housing Authority; Columbiana Metropolitan Housing
Authority; Hocking Metropolitan Housing Authority; Allen
Metropolitan Housing Authority; Adams Metropolitan Housing
Authority; Knox Metropolitan Housing Authority; Morrow Metropolitan
Housing Authority; Broken Bow Housing Authority; Municipality of
Carolina; Municipality of Morovis; Municipality of Maricao;
Municipality of Vega Baja; Municipality of Gurabo; Municipality of
Naguabo; Municipality of Adjuntas; Charleston County Housing
Authority; Columbia Housing Authority; Lake City Housing Authority;
Hartsville Housing Authority.
Contact: Tesia Anyanaso, Program Specialist, Coordination and
Compliance Division, Office of Field Operations; Public and Indian
Housing, Department of Housing and Urban Development, 451 7th St.
SW, Washington, DC 20410-5000, telephone: (202) 402-7026.
[FR Doc. 2023-02843 Filed 2-9-23; 8:45 am]
BILLING CODE 4210-67-P