Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2023, 71432-71458 [2023-22603]
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6395–N–01]
Notice of Regulatory Waiver Requests
Granted for the First Quarter of
Calendar Year 2023
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
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 January
1, 2023, and ending on March 31, 2023.
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 10276, Washington, DC
20410–0500, telephone 202–708–3055
(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 first quarter of
calendar year 2023.
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
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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
January 1, 2023, through March 31,
2023. 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
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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 first quarter of calendar year 2023)
before the next report is published (the
second quarter of calendar year 2023),
HUD will include any additional
waivers granted for the first quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Damon Y. Smith,
General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development January 1, 2023, Through
March 31, 2023
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.
I. Mega-Waiver for California Severe Winter
Storms, Flooding, Landslides, and
Mudslides—Continuum of Care (CoC)
Program
On February 9, 2023, 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
severe winter storms, flooding, landslides,
and mudslides in areas of California covered
by a major disaster declaration under Title IV
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4698–AR, dated January 14, 2023, and as
may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for CoC Program
Recipients.
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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: The 24-month limit on
rental assistance is waived for two years 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 waiver.
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: February 9, 2023.
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
receive rental assistance within 2 years of the
date of the waiver, 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 (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 the date the waiver was granted
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.
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Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Waiving the one-year lease
requirement will allow program participants
receiving PSH or RRH assistance under the
CoC Program to enter into 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 (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 the date
of the waiver 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: February 9, 2023.
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
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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 the date of the waiver. 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: February 9, 2023.
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 (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 the date of the waiver 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.
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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: February 9, 2023.
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 severe winter storms,
flooding, landslides, and mudslides in
California by relying on intake staff-recorded
observations of disability or a written selfcertification by the program participant. This
will help individuals and families with
disabilities to expeditiously receive needed
housing assistance when paperwork from the
Social 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 (202)
708–4300.
II. Mega-Waiver for California Severe Winter
Storms, Flooding, Landslides, and
Mudslides—Emergency Solutions Grants
(ESG) Program
On February 9, 2023, 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
severe winter storms, flooding, landslides,
and mudslides in areas of California covered
by a major disaster declaration under Title IV
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4698–AR, dated January 14, 2023, and as
may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for ESG Program
Recipients.
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
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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 severe winter storms, flooding,
landslides, and mudslides in areas of
California; 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 waiver. 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: February 9, 2023.
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
waiver 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 (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 the
date of the waiver 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
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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: February 9, 2023.
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 severe winter storms,
flooding, landslides, and mudslides in
California. 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 (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 the date of the waiver.
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: February 9, 2023.
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 (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
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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: February 9, 2023.
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 (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
ESG waivers on term limits on rental
assistance and housing relocation and
stabilization services; restriction of rental
assistance to units with rent at or below
FMR; assisting program participants with
subleases; 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: February 9, 2023.
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 ESG
waivers on term limits on rental assistance
and housing relocation and stabilization
services; restriction of rental assistance to
units with rent at or below FMR; and
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assisting program participants with
subleases.
Contact: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone (202)
708–4300.
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 severe
winter storms, flooding, landslides, and
mudslides in California; 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 the date of the waiver; 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: February 9, 2023.
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 (202)
708–4300.
PO 00000
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71435
III. Mega-Waiver for Alabama Severe Storms,
Straight-Line Winds, and Tornadoes—CoC
On February 9, 2023, 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
Alabama severe storms, straight-line winds,
and tornadoes covered by a major disaster
declaration under Title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR–4698–AR,
dated January 15, 2023, and as may be
amended (the ‘‘declared-disaster areas’’). The
following summarizes the waivers available
for CoC Program Recipients.
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 the
date of the waiver, 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 waiver.
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: February 9, 2023.
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
receive rental assistance within 2 years of the
date of the waiver, 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 (202)
708–4300.
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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 the date of the waiver 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: February 9, 2023.
Reason Waived: Waiving the one-year lease
requirement will allow program participants
receiving PSH or RRH assistance under the
CoC Program to enter into 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 (202)
708–4300.
ddrumheller on DSK120RN23PROD with NOTICES3
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 the date
of the waiver 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.
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17:42 Oct 13, 2023
Jkt 262001
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: February 9, 2023.
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 (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 the date of the waiver. 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: February 9, 2023.
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,
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Fmt 4701
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Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone (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 the date of the waiver 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: February 9, 2023.
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 severe storms, straightline winds, and tornadoes in Alabama 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
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 (202)
708–4300.
IV. Mega-Waiver for Alabama Severe Storms,
Straight-Line Winds, and Tornadoes—ESG
On February 9, 2023, 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
severe storms, straight-line winds, and
tornadoes in areas of Alabama covered by a
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major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4698–AR, dated January 15, 2023, and as
may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for ESG Program
Recipients.
ddrumheller on DSK120RN23PROD with NOTICES3
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 severe storms, straight-line winds,
and tornadoes in Alabama; 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 waiver. 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: February 9, 2023.
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
waiver 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
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17:42 Oct 13, 2023
Jkt 262001
7262, Washington, DC 20410, telephone (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 the
date of the waiver 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: February 9, 2023.
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 severe storms,
straight-line winds, and tornadoes in
Alabama. 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 (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 the date of the waiver.
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: February 9, 2023.
Reason Waived: This waiver is needed to
enable ESG recipients to expeditiously meet
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71437
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: February 9, 2023.
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 (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
ESG waivers on term limits on rental
assistance and housing relocation and
stabilization services; restriction of rental
assistance to units with rent at or below
FMR; assisting program participants with
subleases; 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
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
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: February 9, 2023.
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 (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 severe
storms, straight-line winds, and tornadoes in
Alabama; 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 the date of the waiver; 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: February 9, 2023.
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17:42 Oct 13, 2023
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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 (202)
708–4300.
V. Mega-Waiver for Mississippi Severe
Storms, Straight-Line Winds, and
Tornadoes—CoC
On March 30, 2023, 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
Mississippi severe storms, straight-line
winds, and tornadoes covered by a major
disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4698–AR, dated March26, 2023, and as
may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for CoC Program
Recipients.
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 the
date of the waiver, 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 waiver.
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: March 30, 2023.
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
receive rental assistance within 2 years of the
date of the waiver, 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.
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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 the date of the waiver 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: March 30, 2023.
Reason Waived: Waiving the one-year lease
requirement will allow program participants
receiving PSH or RRH assistance under the
CoC Program to enter into 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 the date
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of the waiver 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: March 30, 2023.
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 the date of the waiver. 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: March 30, 2023.
Reason Waived: Waiving the limit on using
leasing funds to pay above FMR for
individual units above FMR, but not greater
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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 the date of the waiver 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: March 30, 2023.
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 from severe storms, straightline winds, and tornadoes in Mississippi 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
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.
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VI. Mega-Waiver for Mississippi Severe
Storms, Straight-Line Winds, and
Tornadoes—ESG
On March 30, 2023, 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
severe storms, straight-line winds, and
tornadoes in areas of Mississippi covered by
a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4698–AR, dated March 26, 2023, and as
may be amended (the ‘‘declared-disaster
areas’’). The following summarizes the
waivers available for ESG Program
Recipients.
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 severe storms, straight-line winds,
and tornadoes in Mississippi; 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 waiver. 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: March 30, 2023.
Reason Waived: Waiving the 24-month
caps on rental assistance, utility payments,
and housing stability case management
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assistance will assist individuals and
families, both those already receiving
assistance and those who will receive
assistance subsequent to the date of the
waiver 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 the
date of the waiver 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: March 30, 2023.
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 severe storms,
straight-line winds, and tornadoes in
Mississippi. 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
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units in which program participants are
assisted meet the ESG housing standards
within 60 days of the date of the waiver.
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: March 30, 2023.
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: March 30, 2023.
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
ESG waivers on term limits on rental
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assistance and housing relocation and
stabilization services; restriction of rental
assistance to units with rent at or below
FMR; assisting program participants with
subleases; 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: March 30, 2023.
Reason Waived: 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
other the ESG waivers on term limits on
rental assistance and housing relocation and
stabilization services; restriction of rental
assistance to units with rent at or below
FMR; assisting program participants with
subleases; and reasonable HMIS and
administrative costs related to that
assistance. This waiver may be used for
program participants affected by the disaster,
even if they are residing outside of the
disaster area. However, 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.
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 severe
storms, straight-line winds, and tornadoes in
Mississippi; 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 the date of the waiver; 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.
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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: March 30, 2023.
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.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: The City of Los Angeles,
California requested a waiver of 24 CFR
92.252(d)(1) to allow use of the utility
allowance established by the local public
housing agency (PHA) for Florence Mills
Apartments, Pico Robertson Senior
Community Apartments, and LA Pro II
Apartments, three 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: January 26, 2023.
Reason Waived: The HOME requirements
for establishing utility allowances conflict
with Project Based Voucher program
requirements. It is not possible to use two
different utility allowances to set the rent for
a single 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, Department
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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–4683–
CA).
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
the disaster 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the
disaster.
Applicability: These waivers are only
available to participating jurisdictions within
the declared-disaster areas or a State
participating jurisdiction of the declareddisaster areas to assist those displaced by the
disaster. This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from February 9, 2023.
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 the disaster; 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, 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–4683–
CA).
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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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Reason Waived: Waiving these provisions
will provide the participating jurisdiction
with greater flexibility to use tenant-based
rental assistance as an emergency housing
resource.
Applicability: All of these waivers are only
available to a participating jurisdiction
within the declared-disaster area or a State
participating jurisdiction of the declareddisaster area providing TBRA to those
displaced by the disaster, in accordance with
the applicable conditions described below.
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 the disaster, as evidenced by the
tenant’s FEMA registration or other relevant
documentation acceptable to the
participating jurisdiction, for a period of 24
months after February 9, 2023. 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 the
disaster, as evidenced by the family’s FEMA
registration, for a period of 24 months after
February 9, 2023. The other provisions of 24
CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient’s
FEMA registration, and are being assisted
through a HOME TBRA program funded by
the participating jurisdiction for a period of
24 months after February 9, 2023. Units must
meet any applicable State and local health
and safety codes and requirements. The lead
safe housing requirements of 24 CFR part 35,
subpart M, made applicable to units leased
by recipients of HOME TBRA by the HOME
regulation at 24 CFR 92.355, are not waived.
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 92.222(b)(1).
Project/Activity: Any participating
jurisdiction located in the declared-disaster
areas (see FEMA–DR–4683–CA).
Nature of Requirement: Section 220(a) of
the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12750(a)) (NAHA)
and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42
U.S.C. 12750(d)(5)) and § 92.222(b) also
permit HUD to reduce this matching
requirement for a participating jurisdiction
located in a declared-disaster area for any
funds drawn from a participating
jurisdiction’s HOME Investment Trust Fund
by up to 100 percent during any part of a
fiscal year impacted by the disaster.
However, 92.222(b)(1) imposes certain
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conditions in granting the reduction to the
matching requirement which HUD has
determined there is sufficient good cause to
waive. Waiving the conditions required to
reduce the match requirement for the
participating jurisdiction by 100 percent for
FY 2023 and FY 2024 will eliminate
administrative burden on affected
participating jurisdictions and the need for
the participating jurisdiction to identify
match for HOME projects related to the
damage caused by the disaster.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Given the urgent housing
needs created by the disaster and the
substantial financial impact the participating
jurisdiction will face in addressing those
needs, the approval of a 100 percent match
reduction for participating jurisdictions in
the declared-disaster areas, rather than on an
case-by-case basis, will relieve administrative
and financial burden on affected
participating jurisdictions by expediting the
process for reduction and 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, 2022, through
September 30, 2024. The waiver 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–4683–
CA).
Nature of Requirement: This provision
requires that housing assisted with HOME
funds meet property standards based on the
activity undertaken, i.e., acquisition of
housing including through 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 the disaster. 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
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 February 9, 2023.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
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17:42 Oct 13, 2023
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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–4683–
CA).
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
the disaster 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
Applicability: This waiver is only available
to the grantee of the declared-disaster area.
This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration or other documentation
acceptable to the HTF grantee) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from February 9, 2023.
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 the disaster; 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 92.203(a)(1) and (2).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4684–
AL).
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
the disaster 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the
disaster.
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Applicability: These waivers are only
available to participating jurisdictions within
the declared-disaster areas or a State
participating jurisdiction of the declareddisaster areas to assist those displaced by the
disaster. This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from February 9, 2023.
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 the disaster; 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, 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–4684–
AL).
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 for Community
Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Waiving these provisions
will provide the participating jurisdiction
with greater flexibility to use tenant-based
rental assistance as an emergency housing
resource.
Applicability: All of these waivers are only
available to a participating jurisdiction
within the declared-disaster area or a State
participating jurisdiction of the declareddisaster area providing TBRA to those
displaced by the disaster, in accordance with
the applicable conditions described below.
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 the disaster, as evidenced by the
tenant’s FEMA registration or other relevant
documentation acceptable to the
participating jurisdiction, for a period of 24
months after February 9, 2023. 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 the
disaster, as evidenced by the family’s FEMA
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registration, for a period of 24 months after
February 9, 2023. The other provisions of 24
CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient’s
FEMA registration, and are being assisted
through a HOME TBRA program funded by
the participating jurisdiction for a period of
24 months after February 9, 2023. Units must
meet any applicable State and local health
and safety codes and requirements. The lead
safe housing requirements of 24 CFR part 35,
subpart M, made applicable to units leased
by recipients of HOME TBRA by the HOME
regulation at 24 CFR 92.355, are not waived.
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 92.222(b)(1).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4684–
AL).
Nature of Requirement: Section 220(a) of
NAHA (42 U.S.C. 12750(a)) and 24 CFR
92.218 require 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.
Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and § 92.222(b) also permit HUD
to reduce this matching requirement for a
participating jurisdiction located in a
declared-disaster area for any funds drawn
from a participating jurisdiction’s HOME
Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by
the disaster. However, § 92.222(b)(1) imposes
certain conditions in granting the reduction
to the matching requirement which HUD has
determined there is sufficient good cause to
waive. Waiving the conditions required to
reduce the match requirement for the
participating jurisdiction by 100 percent for
FY 2023 and FY 2024 will eliminate
administrative burden on affected
participating jurisdictions and the need for
the participating jurisdiction to identify
match for HOME projects related to the
damage caused by the disaster.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Given the urgent housing
needs created by the disaster and the
substantial financial impact the participating
jurisdiction will face in addressing those
needs, the approval of a 100 percent match
reduction for participating jurisdictions in
the declared-disaster areas, rather than on an
case-by-case basis, will relieve administrative
and financial burden on affected
participating jurisdictions by expediting the
process for reduction and the need to identify
and provide matching contributions to
HOME projects.
Applicability: This match reduction
applies to funds expended by a participating
VerDate Sep<11>2014
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jurisdiction located in the declared-disaster
areas from October 1, 2022 through
September 30, 2024. The waiver 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–4684–
AL).
Nature of Requirement: This provision
requires that housing assisted with HOME
funds meet property standards based on the
activity undertaken, i.e., acquisition of
housing including through 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 the disaster. 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
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 February 9, 2023.
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–4684–
AL).
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
the disaster 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 for Community
Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
Applicability: This waiver is only available
to the grantee of the declared-disaster area.
PO 00000
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71443
This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration or other documentation
acceptable to the HTF grantee) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from February 9, 2023.
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 the disaster; 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 92.300(a)(2).
Project/Activity: The City of Muncie,
Indiana, requested a waiver of 24 CFR
92.300(a)(2) to permit Bridges Community
Services, Inc. (Bridges) a community housing
development organization (CHDO), to
transfer ownership of a HOME-assisted
project, designated as HOME IDIS activity
#2518, to Muncie Management, Inc., a nonCHDO for-profit corporation, that will own
and operate the HOME-assisted project in
accordance with 24 CFR part 92.
Nature of Requirement: The regulation at
24 CFR 92.300(a)(2) requires that rental
housing developed with CHDO set-aside
funds under 24 CFR 92.300(a) must be owned
by the CHDO for a period at least equal to
the period of affordability in 24 CFR
92.252(e).
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: February 13, 2023.
Reason Waived: Muncie Management, Inc
does not meet the definition of a CHDO at 24
CFR 92.2. This waiver will permit the
transfer of this HOME-assisted project to
Muncie Management, Inc, which will own
and operate the project in accordance with
the HOME requirements in 24 CFR part 92
for the duration of the HOME period of
affordability in 24 CFR 92.252(e). Without a
waiver of 24 CFR 92.300(a)(2), the HOMEassisted project may fall into disrepair, be
lost to foreclosure, or fail to remain as
affordable housing operated in accordance
with 24 CFR part 92 throughout the HOME
period of affordability and the City would be
required to repay its HOME investment for
the acquisition of the HOME-assisted project.
As a condition to the waiver, the City must
complete its proposed actions to assign the
HOME written agreement to MMI and record
an amended deed restriction in compliance
with 24 CFR 92.252 for the remainder of the
HOME period of affordability.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, 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: San Luis Obispo County,
California, requested a waiver of 24 CFR
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92.252(d)(1) to allow use of the utility
allowance established by the local PHA for
Willow Walk Senior Apartments, and Los
Angeles County, California requested a
waiver of 24 CFR 92.252(d)(1) to allow use
of the utility allowance established by the
local PHA for Stanford Avenue Apartments.
Each project is HOME-assisted.
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: February 14, 2023.
Reason Waived: The HOME requirements
for establishing utility allowances conflict
with Project Based Voucher program
requirements. It is not possible to use two
different utility allowances to set the rent for
a single 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, Department
of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.2, 24 CFR
92.254(b)(2).
Project/Activity: The State of California
requested waivers of the HOME definition of
reconstruction at 24 CFR 92.2 to permit the
commitment of funds after 12 months from
the date of destruction and the principal
residency requirement at 24 CFR 92.254(b)(2)
to permit the State to use HOME funds for
the reconstruction of homes on the same lot
in the Town of Paradise, California, where
the properties were destroyed in the
November 8, 2018, Camp wildfire disaster,
but which may not be the owner’s principal
residence at the time HOME funds are
committed to the project.
Nature of Requirement: The regulation at
24 CFR 92.2 defines reconstruction as
‘‘rebuilding, on the same lot, of housing
standing on a site at the time of project
commitment, except that housing that was
destroyed may be rebuilt on the same lot if
HOME funds are committed within 12
months of the date of destruction.’’ For the
purposes of the HOME program,
reconstruction is considered a rehabilitation
activity. The regulation at § 92.254(b)(2)
requires that the rehabilitated housing be
‘‘the principal residence of an owner whose
family qualifies as a low-income family at the
time HOME funds are committed to the
housing.’’
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: March 22, 2023.
Reason Waived: More than 4 years have
passed since the Camp wildfire disaster
VerDate Sep<11>2014
17:42 Oct 13, 2023
Jkt 262001
destroyed owner-occupied housing in the
Town of Paradise. Requiring the State to
adhere to the 12-month requirement in the
definition of reconstruction and the
requirement that a homeowner occupy their
home as a principal residence at the time
HOME assistance is committed would create
a significant hardship for income-eligible
homeowners in the Town of Paradise in need
of assistance to rebuild their homes on the
existing lots. A waiver of § 92.2 to permit the
commitment of funds after 12 months from
the date of destruction will allow the State
to use HOME funds to assist eligible
homeowners whose principal residences
were destroyed by the 2018 Camp wildfire to
reconstruct their homes on the same site. A
waiver of § 92.254(b)(2)’s principal residency
requirement will allow the State to use
HOME funds to assist eligible homeowners
with homes that were damaged or destroyed
by the Camp wildfire and that may not be
their principal residences (because of
displacement due to the disaster) at the time
HOME funds are committed to the project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, 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–4697–
MS).
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
the disaster 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 for Community
Planning and Development.
Date Granted: March 30, 2023.
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 the
disaster.
Applicability: These waivers are only
available to participating jurisdictions within
the declared-disaster areas or a State
participating jurisdiction of the declareddisaster areas to assist those displaced by the
disaster. This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from March 30, 2023.
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 the disaster; 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.
PO 00000
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Fmt 4701
Sfmt 4703
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, 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–4697–
MS).
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 for Community
Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: Waiving these provisions
will provide the participating jurisdiction
with greater flexibility to use tenant-based
rental assistance as an emergency housing
resource.
Applicability: All of these waivers are only
available to a participating jurisdiction
within the declared-disaster area or a State
participating jurisdiction of the declareddisaster area providing TBRA to those
displaced by the disaster, in accordance with
the applicable conditions described below.
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 the disaster, as evidenced by the
tenant’s FEMA registration or other relevant
documentation acceptable to the
participating jurisdiction, for a period of 24
months after March 30, 2023. 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 the
disaster, as evidenced by the family’s FEMA
registration, for a period of 24 months after
March 30, 2023. The other provisions of 24
CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient’s
FEMA registration, and are being assisted
through a HOME TBRA program funded by
the participating jurisdiction for a period of
24 months after March 30, 2023. Units must
meet any applicable State and local health
and safety codes and requirements. The lead
safe housing requirements of 24 CFR part 35,
subpart M, made applicable to units leased
by recipients of HOME TBRA by the HOME
regulation at 24 CFR 92.355, are not waived.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Community
Planning and Development, Department of
Housing and Urban Development, 451
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Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Projects located in the
declared-disaster areas (see FEMA–DR–4697–
MS).
Nature of Requirement: Section 220(a) of
NAHA (42 U.S.C. 12750(a)) and 24 CFR
92.218 require 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.
Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and 92.222(b) also permit HUD
to reduce this matching requirement for a
participating jurisdiction located in a
declared-disaster area for any funds drawn
from a participating jurisdiction’s HOME
Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by
the disaster. However, 92.222(b)(1) imposes
certain conditions in granting the reduction
to the matching requirement which HUD has
determined there is sufficient good cause to
waive. Waiving the conditions required to
reduce the match requirement for the
participating jurisdiction by 100 percent for
FY 2023 and FY 2024 will eliminate
administrative burden on affected
participating jurisdictions and the need for
the participating jurisdiction to identify
match for HOME projects related to the
damage caused by the disaster.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: Given the urgent housing
needs created by the disaster and the
substantial financial impact the participating
jurisdiction will face in addressing those
needs, the approval of a 100 percent match
reduction for participating jurisdictions in
the declared-disaster areas, rather than on an
case-by-case basis, will relieve administrative
and financial burden on affected
participating jurisdictions by expediting the
process for reduction and 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, 2022 through
September 30, 2024. The waiver 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–4697–
MS).
Nature of Requirement: This provision
requires that housing assisted with HOME
funds meet property standards based on the
activity undertaken, i.e., acquisition of
housing including through homebuyer
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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 the disaster. 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 for Community
Planning and Development.
Date Granted: March 30, 2023.
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 the disaster.
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 March 30, 2023.
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–4697–
MS).
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
the disaster 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 for Community
Planning and Development.
Date Granted: March 30, 2023.
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 the disaster.
Applicability: This waiver is only available
to the grantee of the declared-disaster area.
This waiver applies only to families
displaced by the disaster (as documented by
FEMA registration or other documentation
acceptable to the HTF grantee) whose income
documentation was destroyed or made
inaccessible by the disaster and remains in
effect for six months from March 30, 2023.
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 the disaster; 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
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Seventh Street SW, Room 7160, Washington,
DC 20410, telephone (202) 708–2684.
• 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 State of California
and any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area (see DR–4683–CA) seeking to expedite
action in response to severe winter storms,
flooding, landslides, and mudslides, 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–4683–CA, dated January 14, 2023, as may
be amended (the ‘‘California 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 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: February 9, 2023.
Reason Waived: Several CPD grantees were
affected by severe winter storms that hit
California beginning December 27, 2022. As
a result of substantial property loss and
destruction, many individuals and families
residing in the California 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).
Project/Activity: The State of California
and any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the California declareddisaster areas (see DR–4683–CA) seeking to
expedite action in response to severe winter
storms, flooding, landslides, and mudslides,
upon notification to the Community Planning
and Development Director in its respective
HUD Field Office. This authority is in effect
for grantees within the California 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) and 24 CFR
91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to
provide citizens with reasonable notice and
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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: February 9, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by severe winter
storms that hit California beginning
December 27, 2022. As a result of substantial
property loss and destruction, many
individuals and families residing in the
California 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
California severe winter storms, flooding,
landslides, and mudslides.
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: February 9, 2023.
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 severe winter storms,
flooding, landslides, and mudslides. The
waiver will allow CDBG grantees, including
grantees providing assistance to evacuees
outside the California declared-disaster areas,
to pay for the basic daily needs of individuals
and families affected by the severe winter
storms, flooding, landslides, and mudslides
on an interim basis. This authority is in effect
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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 sixmonth 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: The State of Alabama and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area (see DR–4684–AL) seeking to expedite
action in response to severe winter storms,
straight-line winds, and tornadoes, 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–4684–AL, dated January 15, 2023, as may
be amended (the ‘‘Alabama 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: February 9, 2023.
Reason Waived: Several CPD grantees were
affected by severe winter storms, straight-line
winds, and tornadoes that hit Alabama on
January 12, 2023. As a result of substantial
property loss and destruction, many
individuals and families residing in the
Alabama 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 lowand 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).
Project/Activity: The State of Alabama and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the Alabama declareddisaster areas (see DR–4684–AL) seeking to
expedite action in response to severe winter
storms, straight-line winds, and tornadoes,
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upon notification to the Community Planning
and Development Director in its respective
HUD Field Office. This authority is in effect
for grantees within the Alabama 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) and 24 CFR
91.115(c)(2) and (i) 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: February 9, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by severe winter
storms, straight-line winds, and tornadoes
that hit Alabama on January 12, 2023. As a
result of substantial property loss and
destruction, many individuals and families
residing in the Alabama 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
Alabama severe winter storms, straight-line
winds, and tornadoes.
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: February 9, 2023.
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
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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 severe winter storms,
straight-line winds, and tornadoes. The
waiver will allow CDBG grantees, including
grantees providing assistance to evacuees
outside the Alabama declared-disaster areas,
to pay for the basic daily needs of individuals
and families affected by the severe winter
storms, straight-line winds, and tornadoes 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 sixmonth 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: The State of Mississippi
and any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area (see DR–4697–MS) seeking to expedite
action in response to severe winter storms,
straight-line winds, and tornadoes, 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–4697–MS, dated March 26, 2023, as may
be amended (the ‘‘Mississippi 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 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: March 30, 2023.
Reason Waived: Several CPD grantees were
affected by severe winter storms, straight-line
winds, and tornadoes that hit Mississippi on
March 24–25, 2023. As a result of substantial
property loss and destruction, many
individuals and families residing in the
Mississippi 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 lowand 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
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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).
Project/Activity: The State of Mississippi
and any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the Mississippi
declared-disaster areas (see DR–4697–MS)
seeking to expedite action in response to
severe winter storms, straight-line winds, and
tornadoes, upon notification to the
Community Planning and Development
Director in its respective HUD Field Office.
This authority is in effect for grantees within
the Mississippi 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) and 24 CFR
91.115(c)(2) and (i) 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: March 30, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by severe winter
storms, straight-line winds, and tornadoes
that hit Mississippi on March 24–25, 2023.
As a result of substantial property loss and
destruction, many individuals and families
residing in the Mississippi 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
Mississippi severe winter storms, straightline winds, and tornadoes.
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
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71447
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: March 30, 2023.
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 severe winter storms,
straight-line winds, and tornadoes. The
waiver will allow CDBG grantees, including
grantees providing assistance to evacuees
outside the Mississippi declared-disaster
areas, to pay for the basic daily needs of
individuals and families affected by the
severe winter storms, straight-line winds, and
tornadoes 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 sixmonth 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.
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, 2023.
Project/Activity: Wasmver Apartments,
Mount Vernon, Ohio, Project No. 043–11318.
Nature of Requirement: 24 CFR 200.73(c).
(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. However, 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, provided each
site contains at least five (5) rental dwelling
units.
The lender, Orix Real Estate Capital, LLC,
has applied for mortgage insurance under the
Section 223(f) program to refinance the
project, Wasmver Apartments, with moderate
renovation of approximately $95,261 ($7,216
per unit). The property is in Knox County in
Mount Vernon, Ohio and is comprised of
thirteen (13) affordable units within three (3)
buildings located on two (2) noncontiguous
sites approximately 3⁄4 miles apart. One site
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has two (2) of the three (3) buildings with
five (5) units each, but the other site has one
(1) building with only three (3) units.
Granted By: Julia R. Gordon, Assistant
Secretary Office of Housing-Federal Housing
Administration.
Date Granted: February 21, 2023.
Reason Waived: The project was originally
approved and constructed under the Section
202 program as one project, and the two (2)
sites have been operated as one marketable
and manageable real estate entity with
management and operations under one
management office for the past 30 years. The
project has historic occupancy of 95%
annually. The existing Regulatory Agreement
on the project restricts tenancy to seniors
aged 62+ and mobility impaired residents.
The project is 100% Project-Based Section 8
rental assistance under a 20-year HAP
Contract (which expires on 8/31/2036) and
therefore meets HUD’s requirements for
flexibility for scattered sites (See, MAP
Guide, Chapter 3, Section 3.1.30.C.7). The
waiver will meet HUD’s goal of preserving
and maintaining affordable rental housing for
low-income families.
Contact: Willie Fobbs III, Director, Office of
Multifamily Production, HTD, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 6134, Washington,
DC 20410, telephone (202) 402–6257.
• Regulation: 24 CFR 200.73(c).
Project/Activity: Talmage-Oakland
Portfolio, Minneapolis, Minnesota, Project
No. 092–35886.
Nature of Requirement: 24 CFR 200.73(c).
(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. However, Chapter 3, Section 3.1.30
of the MAP Guide permits a project with two
or more contiguous parcels of land when the
parcels comprise one marketable, manageable
real estate entity, provided each site contains
at least five (5) units.
The lender, Colliers Mortgage, LLC,
proposes to finance the Talmage-Oakland
Portfolio project with a loan insured
pursuant to the Section 221(d)(4) Substantial
Rehabilitation program to finance much
needed repairs and physical improvements of
the project. The project is in Minneapolis,
Minnesota and is comprised of 57 total
affordable units. The subject property,
comprised of 16 buildings, is located on 13
parcels, which are clustered on five (5) noncontiguous sites. Four (4) of the 13 parcels
have only two (2) to four (4) units. This
project is 100% Section 8, and will be
covered by a single Low-Income Housing Tax
Credit Land Use Restrictive Agreement
(LIHTCLURA) restricting the units to
residents earning 60% Area Median Income
(AMI).
Granted By: Julia R. Gordon, Assistant
Secretary Office of Housing-Federal Housing
Administration.
Date Granted: February 27, 2023.
Reason Waived: Colliers Mortgage, LLC,
submitted application for mortgage insurance
under the Section 221(d)(4) Substantial
Rehabilitation program to finance the
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project’s, Talmage-Oakland Portfolio,
approximately $7,410,000 ($130,000 per unit)
planned repairs. The property will be owned
and managed by a non-profit organization
that has developed and owned over 50
properties with more than 4,500 affordable
units. The non-profit organization also has
extensive experience with HUD and has
previously completed multiple in-place
rehabilitation through FHA loans. As a 100%
Section 8 project, it meets HUD’s
requirements for flexibility for scattered sites
(See, MAP Guide, Chapter 3, Section
3.1.30.C.7). The FHA transaction will address
much-needed repairs and replacements that
will help preserve this affordable housing for
the community.
Contact: Willie Fobbs III, Director, Office of
Multifamily Production, HTD, Office of
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room
6134, Washington, DC 20410, telephone (202)
402–6257.
• Regulation: 24 CFR 206.113 Late charge
and interest.
Project/Activity: Temporary, Partial Waiver
of required late charges and interest for past
due mortgage insurance premiums (MIP).
Nature of Requirement: 24 CFR 206.113
Late Charge and Interest, under Mortgage
Insurance Premiums under Subpart B—
Eligibility; Endorsement of 24 CFR part 206
Home Equity Conversion Mortgage
Insurance, stipulates initial MIP remitted to
the Commissioner more than five days after
the payment date in § 206.111(a) and
monthly MIP remitted to the Commissioner
more than five days after the payment date
in § 206.111(b) shall include a late charge of
four percent of the amount owed. 24 CFR
206.113(b) also requires mortgagees pay
interest on any initial MIP remitted to the
Commissioner more than 20 days after
closing, and interest on any monthly MIP
remitted to the Commissioner more than five
days after the payment date prescribed in
§ 206.111(b).
Granted By: Julia R. Gordon, Secretary for
Housing—Federal Housing Commissioner.
Date Granted: January 10, 2023.
Reason Waived: Reverse Mortgage Funding
LLC (RMF) filed for Chapter 11 bankruptcy
on November 30, 2022 and did not provide
for timely payment of their December 2022
Mortgage Insurance Premium (MIP)
obligation, resulting in late charges and
interest being assessed. This partial waiver of
required late charges and interest for past due
MIP was issued for FHA-approved
mortgagees accepting transfer of those Home
Equity Conversion Mortgages (HECMs) for
which RMF failed to timely pay MIP to the
Federal Housing Administration, resulting in
the accrual of late charges and interest.
Without this waiver, HECM servicers of the
RMF portfolio would not have been able to
submit claims and thereby would have
increased the instability of the HECM
program that was made worse through the
RMF bankruptcy. The waiver relinquished
the requirement for RMF Transferees to pay
December 2022 late charges and interest for
late payment of MIP in December for RMF
HECMs.
Contact: Graham Mayfield, Acting Director,
Office of Single Family Asset Management,
PO 00000
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Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 9172, Washington, DC 20410,
telephone (202) 768–2838 or
graham.b.mayfield@hud.gov.
• Regulation: 24 CFR 214.300(a)(3).
Project/Activity: The renewal of this partial
waiver continues to provide temporary
removal of the requirement that housing
counseling agencies participating in HUD’s
Housing Counseling Program provide inperson housing counseling services to clients
that prefer this format, but still allow housing
counseling agencies to utilize alternative
methods of providing counseling to clients.
The renewal of this partial waiver will be in
effect through December 31, 2023.
Nature of Requirement: 24 CFR
214.3009(a)(3) requires that all agencies
participating in HUD’s Housing Counseling
Program that provide services directly to
clients must provide in person counseling to
clients that prefer this format.
Granted By: Julia Gordon, Assistant
Secretary for Housing/Federal Housing
Commissioner.
Date Granted: March 8, 2023.
Reason Waived: The renewal of this partial
waiver is required because the Department
recognizes that there continues to be a
demand for housing counseling services but
clients and counselors may remain hesitant
to provide in-person counseling as a result of
continued concerns related to COVID–19,
Respiratory Syncytial Virus (RSV), and
increasing rates of seasonal influenza. This
renewal of this partial waiver allows
participating agencies to provide continuous
services in a format other than in-person
without violating the requirements of 24 CFR
214.300(a)(3).
Contact: David Valdez, Office of Housing
Counseling, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 550, Washington,
DC 20410, telephone (713) 718–3178.
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 5.801(d)(1) and 24
CFR 902.62.
Project/Activity: Housing Authority of the
City of Frederick (MD003).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end FYE March 31, 2022, in
accordance with the Single Audit Act and
OMB Circular A–133.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The Housing Authority of
the City of Frederick provided the requested
financial information to its auditor in
preparation for its audit. However, on
November 2, 2022, the audit firm notified the
Housing Authority (HA) it could not begin
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the audit until mid-December due to
previous extensions of audit due dates during
the COVID–19 pandemic. The HA believes
this is not adequate time to complete its audit
by the December 31, 2022, due date. Pursuant
to 24 CFR 5.110, the request to extend the
submission due date and waive 24 CFR
5.801(d)(1) and 24 CFR 902.62 (a)(3) is
approved, as the reason provided is
considered good cause for a waiver.
Therefore, the HA is granted an additional
ninety days from the due date of December
31, 2022. The HA has until March 31, 2023,
to complete and submit its FYE March 31,
2022, audited financial information to the
Department without receiving an LPF.
Contact: Lara Philbert, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 475–
8930.
• Regulation: 24 CFR 902.33 and 24 CFR
902.64.
Project/Activity: Crisfield Housing
Authority (MD009).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end FYE March 31, 2022, in
accordance with the Single Audit Act and
OMB Circular A–133.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The HA contends it could
not meet the reporting deadline due to
circumstances beyond its control. As a result
of its accountant’s retirement at the end of
March 2022, the HA’s staff needed help
providing timely financial information to the
auditor. Due to the CARES Act extension, the
FY2021 audit was extended, and the HA and
its auditor worked together to complete
FY2021 and begin FY22. Subsequently, the
audit firm withdrew its engagement on July
18, 2022. The HA immediately contacted
several firms to procure audit services;
however, with the COVID–19 pandemic and
a significant backlog, most auditors were
unwilling to take on the HA’s FY21 and FY22
audits and complete them on time. The HA
contends it has found an audit firm to do the
work but will need six months to complete
it. Under 24 CFR 5.110, there is good cause
to waive the reporting compliance deadlines
under 24 CFR 902.33 and 24 CFR 902.64. The
circumstance preventing the Agency from
submitting its audited financial information
is acceptable. Therefore, Crisfield Housing
Authority is granted an additional six months
from the extended due date of December 31,
2022. The HA has until June 30, 2023, to
complete and submit its FYE March 31, 2022,
audited financial information to the
Department.
Contact: Lara Philbert, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 475–
8930.
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• Regulation: 24 CFR 905.300(b)(1).
Project/Activity: Woonsocket Housing
Authority/ESSG.
Nature of Requirement: The Capital Fund
Regulations at 24 CFR 905.300 require certain
annual submissions by the public housing
authority (PHA). One of the requirements is
the submission of the CFP 5-Year Action Plan
which describes the capital improvements to
be undertaken within the 5-year period. The
5-Year Action Plan allows the Department of
Housing and Urban Development (HUD) to
monitor the PHA’s use of Capital Funds
ensuring that Capital Funds are not used for
ineligible purposes and that the PHA is
efficiently using these funds.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: WHA received a Fiscal
Year 2021 Emergency Safety and Security
grant (ESSG) for the purchase of security
cameras. WHA did not include security
cameras in the CFP 5-Year Action Plan in the
Energy and Performance Information Center
(EPIC). Consequently, WHA was notified by
HUD that the grant would be recaptured.
WHA’s letter identified extenuating
circumstance such as the termination of the
previous executive director, who executed
the CFP grant amendment but did not amend
the 5-Year Action Plan. However, WHA
correctly completed the tasks required to
obligate the grant including signing and
uploading the Annual Contributions Contract
Amendment to EPIC and, on August 18,
2022, the WHA Board of Commissioners
unanimously approved the award of the
ESSG contract in an amount not-to-exceed
the approved grant amount of $244,188 to
Sentrillion, a responsive bidder in the best
interest of the PHA.
Contact: David Fleischman, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
2071.
• Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The Klamath Housing
Authority (KHA) is requesting a waiver of 24
CFR 982.161(a)(1), which requires a PHA not
to enter into any contract or arrangement in
connection with the HCV program in which
any present or former member or officer of
the PHA has interest, direct or indirect.
Nature of Requirement: The regulation at
24 CFR 982.161(c), and the HAP contract,
allows the conflict of interest to be waived
by the Department of Housing and Urban
Development (HUD) for good cause.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Based on the
circumstances of this request, HUD finds that
there is good cause to waive, and pursuant
to 24 CFR 5.110, HUD hereby waives 24 CFR
982.161(a) to allow the KHA to continue its
existing HAP contract with Stephanie Hirche,
for the unit specified in your waiver request.
Contact: Kristen Arnold, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
PO 00000
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71449
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (971) 222–
2667.
• Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The waiver would allow
AHA to enter into an employment contract
with Mr. Julio Guridy as Executive Director
within 12 months of his tenure as a member
of the Board of Directors.
Nature of Requirement: Public Housing
conflict of interest waiver requests are
reviewed and considered under Section
19(A)(1) of the ACC, which prohibits a Public
Housing Agency (PHA) from entering into a
contract, subcontract, or arrangement in
connection with the administration of its
Public Housing program where any present
or former member or officer of the governing
body has an interest, direct or indirect,
during his or her tenure or for one year
thereafter.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 6, 2023.
Reason Waived: The Department has
considered the information provided in
support of this request and determined that
good cause does exist to grant a waiver of
Section 19(A)(1)(i) of the ACC and CFR
982.161(a), based on AHA’s search
committee efforts and Mr. Guridy’s
qualifications compared to the recommended
candidates.
Contact: Erick Wood, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 708–
0614.
• Regulation: 24 CFR 982.161(a).
Project/Activity: The request states Patrick
Patterson was appointed to the Quorum
Court as of January 1, 2021 and owns a
property located at 465 N Monroe St. that is
currently occupied by an HCV participant
with a disability. The Quorum Court acts as
Clay County Housing Department’s (CCHD)
board of directors, and CCHD seeks the
waiver so that the HCV participant may
continue to reside in the unit owned by
Patrick Patterson and avoid the hardship and
expense of moving. The request also notes
the shortage of rental units available in the
Clay County Arkansas area due to its small
size (population 14,350) and rural location.
Nature of Requirement: Any public official,
member of a governing body, or State or local
legislators, who exercises functions or
responsibilities with respect to the programs,
may not have any direct or indirect interest
in the Housing Assistance Payments (HAP)
contract or in any benefits or payments under
the contract during tenure or one year
thereafter.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 31, 2023.
Contact: Kristen Arnold, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (971) 222–
2667.
• Regulation: 24 CFR 982.161(a)(1).
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Project/Activity: 24 CFR 982.161(a)(1),
which states, in part, that any present or
former member or officer of the public
housing agency (PHA) (except a participant
commissioner) may not have any direct or
indirect interest in the housing assistance
program (HAP) contract or in any benefits or
payments under the contract during tenure or
one year thereafter. The regulation at 24 CFR
982.161(c), and the HAP contract, allows the
conflict of interest to be waived by the
Department of Housing and Urban
Development (HUD) for good cause.
Nature of Requirement: Under the tenantbased framework, such individualized
analysis is made possible because tenantbased HAP contracts cover a single unit,
occupied by a single family. This
programmatic characteristic also minimizes
the potential impact a conflict of interest may
have on the program. Because Ms. Furneaux
holds a position as a board member, if the
regulation is not waived, Ms. Micknick
would be required to move from the unit they
have resided in for the past five years in
order to utilize HCV assistance.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 13, 2023.
Reason Waived: Based on the
circumstances of this request, HUD finds that
there is good cause to waive, and pursuant
to 24 CFR 5.110, HUD hereby waives, 24 CFR
982.161(a), to allow WCHRA to enter into a
HAP contract with by Ms. Furneaux, on
behalf of Ms. Micknick for the unit specified
in your waiver request. Ms. Furneaux must
continue to abstain themselves from all
matters concerning the HAP contract in
question.
Contact: Kristen Arnold, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (971) 222–
2667.
• Regulation: 24 CFR 982.161(a) and 24
CFR 982.161(c).
Project/Activity: RPHA’s request states that
Daniel Pedri was elected to the Rock Springs
City Council, which acts as the RPHA’s
board, and officially started the position on
January 2, 2023. Mr. Pedri is employed by
Pedri Investments LLC which owns a
property that is currently occupied by an
elderly and extremely low-income HCV
participant with a disability. Pedri
Investments LLC is owned by Daniel Pedri’s
father, also a ‘‘covered individual’’. Your
agency seeks the waiver so that the HCV
participant may continue to reside in the unit
owned by Pedri Investments LLC and avoid
the hardship and expense of moving. The
request also notes the shortage of rental units
available in the Rock Springs City, Wyoming
area due to its small size (population 23,036)
and rural location.
Nature of Requirement: Housing Choice
Voucher (HCV) regulations at 24 CFR
982.161(a), which states, in part, that any
public official, member of a governing body,
or State or local legislators, who exercises
functions or responsibilities with respect to
the programs, may not have any direct or
indirect interest in the Housing Assistance
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Payments (HAP) contract or in any benefits
or payments under the contract during tenure
or one year thereafter. The regulation at 24
CFR 982.161(c), and the HAP contract, allows
the conflict of interest to be waived by the
Department of Housing and Urban
Development (HUD) for good cause.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: While it has been the
Department’s long-standing position that the
individual’s intent to recuse himself or
herself from program determinations is not
by itself good cause to waive the conflict of
interest provision, HUD has found good
cause for this waiver beyond Daniel Pedri’s
recusal due to the hardship on the existing
assisted tenant and the lack of available
rental housing in RPHA’s jurisdiction.
Nonetheless, the Department finds that
Daniel Pedri’s recusal is an important
safeguard to the integrity of administration of
the RPHA’s HAP contracts, and an essential
factor in HUD’s consideration of good cause.
Contact: Kristen Arnold, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (971) 222–
2667.
• Regulation: 24 CFR 982.207(b)(3) and 24
CFR 983.251(d).
Project/Activity: Housing Authority of
Macon-Bibb County (GA006—MHA) requests
to waive 24 CFR 982.207(b)(3), which
prohibits preferences for persons with
specific disabilities for the Housing Choice
Voucher (HCV) program, and 24 CFR
983.251(d), which prohibits preferences for
persons with specific disabilities for ProjectBased Voucher (PBV) assistance.
Nature of Requirement: Under a 2010
Settlement Agreement between the U.S.
Department of Justice (DOJ) and the State of
Georgia, Georgia must transition individuals
living with serious and persistent mental
illness (SPMI) and developmental disabilities
into integrated, community-based settings
while making voluntary supportive services
available to those individuals. To facilitate
continued compliance with the Settlement
Agreement, MHA requests extension of a
waiver, most recently approved by HUD on
March 9, 2020, that allows for MHA to
establish alternate tenant selection
preferences. The extension approved the
waiver for an additional three years.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: HUD has determined that
there is good cause to waive program
regulations of HCV and PBV tenant selection
preferences to provide an admissions
preference for persons with SPMI and
developmental disabilities. HUD hereby
waives 24 CFR 982.207(b)(3) and 24 CFR
983.251(d), pursuant to the waiver authority
provided to HUD at 24 CFR 5.110.
Contact: Emily Warren, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
PO 00000
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Washington, DC 20410, telephone (971) 708–
0614.
• Regulation: 24 CFR 982.503(c)(1), CFR
982.503(c)(2), 24 CFR.982.503(c)(3), 24 CFR
982.503(c)(4)(ii).
Project/Activity: The PHA stated that the
rents in the area have dramatically increased
in certain areas and are expected to continue
an upward trajectory. Additionally, the PHA
is participating in the Housing Choice
Voucher (HCV) Mobility Demonstration,
which requires that participating PHAs adopt
adequate payment standards in opportunity
areas. This request updates a previously
approved request from March 2022 with
updated data and revised payment standards.
The MDHA has determined that even at 110
percent of the fair market rent (FMR),
payment standards are not adequate, or high
enough, in opportunity areas.
Nature of Requirement: 24
CFR.982.503(c)(3), which is for payment
standards above 120 percent of the FMR.
While the MDHA also requested a waiver of
CFR 982.503(c)(2) for payment standards
between 110 percent and 120 percent of the
FMR, HUD has determined that this waiver
is not necessary as all the requested
exception payment standards under this
request exceed 120 percent of FMR. Finally,
the MDHA also requests a waiver of 24 CFR
982.503(c)(4)(ii) which requires that the PHA
have previously adopted an exception
payment standard for six months prior. HUD
has also determined that this waiver is not
necessary, since it has been more than six
months since HUD approved, and the MDHA
adopted, the previous exception payment
standards request in March of 2022.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: In order to achieve the
goals of the Community Choice
Demonstration, and to provide access to lowpoverty neighborhoods for families in their
voucher program, the MDHA needs to
establish exception payment standards over
120 percent of the FMR, where justified by
statistically representative housing survey
data. Therefore, HUD has determined that
there is good cause to waive 24 CFR
982.503(c)(3). Pursuant to the waiver
authority provided at 24 CFR 5.110, I hereby
waive 24 CFR 982.503(c)(3). Since the PHA
has demonstrated they meet all of the
regulatory requirements at 24 CFR 982.503(c)
for approval of an exception payment
standard above 120 percent of the FMR, HUD
approves the MDHA’s request for an
exception payment standard. The PHA may
use this exception payment standard in place
of the FY23 published FMRs. The PHA may
submit a new exception payment standard
request for HUD’s consideration for the FY24
FMRs.
Contact: Brendan Goodwin, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 708–
0614.
• Regulation: 24 CFR 982.517 and 24 CFR
983.301(f)(2)(ii)—Waiver Request for PBV
Utility Allowance Setting.
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Project/Activity: Pursuant to 24 CFR 5.110
and Notice PIH 2018–16, the Hawaii Office
of Housing and Community Development
(OHCD) has requested a waiver of these
program regulations to establish a sitespecific utility allowance for Mohouli Senior
Residences, Phase 3, where OHCD will have
92 PBV units.
Nature of Requirement: For the Department
to consider such a waiver, the public housing
agency (PHA) should submit: (a) an analysis
of utility rates for the community; (b) an
estimate of energy consumption that will take
place at the newly constructed site; and (c)
a proposed alternative methodology for
calculating utility allowances on an ongoing
basis. The PHA should demonstrate that the
utility allowance provided under the HCV
program would either create an undue cost
on families or discourage conservation and
efficient use of housing assistance payments
(HAP).
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 23, 2023.
Reason Waived: The information submitted
to HUD by OHCD supports its request. The
OHCD has submitted an analysis of utility
rates for the community and an estimate of
the energy consumption that will take place
at the newly constructed site. Due to the
energy efficient systems being built at the
Mohouli Senior Residences, Phase 3, the
community consumption estimates are
significantly higher than the consumption
expected at the site. As such, the standard
HCV utility allowance would be excessive.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 983.51(b).
Project/Activity: The HACOO is seeking a
HUD waiver to allow it to non-competitively
award Project-Based Vouchers (PBVs) to the
Marfa Housing Authority (MHA), a Public
Housing-only PHA that was previously
approved by the HUD Special Applications
Center (SAC) to convert 74 public housing
units to vouchers under a RAD/Section 18
blend transaction. The MHA plans to have all
74 vouchers to be administered as projectbased by the HACOO, which the HUD San
Antonio Office of Public Housing previously
approved
Nature of Requirement: Requires a public
housing agency (PHA) to award project-based
vouchers (PBVs) through a competitive
process or based on a previous competition.
The request, dated November 23, 2022, seeks
a waiver so that the HACOO can noncompetitively award PBVs to the Marfa
Housing Authority (MHA).
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 17, 2023.
Reason Waived: Pursuant to the waiver
authority provided at 24 CFR 5.110, and
considering the good cause presented due to
HACOO’s representations regarding the
limited availability of affordable housing
stock in the City of Marfa, HUD hereby
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17:42 Oct 13, 2023
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waives 24 CFR 983.51(b) so that HACOO may
select Public Housing Development
TX318000001 for an award PBVs without
following a competitive process.
Contact: Kristen Arnold, Housing Programs
Specialist, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (971) 222–
2667.
• Regulation: 24 CFR 983.51 (b)(2).
Project/Activity: LACDA is requesting a
waiver of the federal regulation at 24 CFR
983.51 (b)(2) to allow the LACDA to continue
committing Project-Based Veterans Affairs
Supportive (VASH) vouchers
noncompetitively to the U.S. Department of
Veterans Affairs (VA) Campus development
by accepting the Enhanced-Use Lease award
by the VA as a valid prior competition
without expiration.
Nature of Requirement: This regulation
states that the Public Housing Authority
(PHA) may select, without competition, a
proposal for housing assisted under a federal,
state, or local government housing assistance,
community development, or supportive
services program that required competitive
selection of proposals (e.g., HOME, and units
for which competitively awarded low-income
housing tax credits (LIHTCs) have been
provided), where the proposal has been
selected in accordance with such program’s
competitive selection requirements within 3
years of the Project-Based Vouchers (PBV)
proposal selection date, and the earlier
competitively selected housing assistance
proposal did not involve any consideration
that the project would receive PBV
assistance.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver
authority provided at 24 CFR 5.110, HUD has
determined that there is good cause to waive,
and HUD hereby waives, 24 CFR 983.51(b)(2)
to allow the LACDA to continue committing
Project-Based VASH vouchers
noncompetitively to the VA Campus
development by considering the EnhancedUse Lease award by the VA as a valid prior
competition through the end of calendar year
2023.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 983.51(b).
Project/Activity: The District of Columbia
Housing Authority (DCHA) selection of
Friendship Terrace for project-based voucher
(PBV) assistance without undergoing a
competitive process or based on a previous
competition.
Nature of Requirement: The regulation at
24 CFR 983.51(b) provides that the public
housing agency (PHA) must select PBV
proposals either through a competitive
process or based on a competition for other
assistance the project is receiving, provided
the project was competitively selected for
that other assistance within 3 years of the
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PBV proposal selection date and the
competitively selected housing assistance
proposal did not involve any consideration
that the project would receive PBV assistance
in the future.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 27, 2023.
Reason Waived: The DCHA received an
allocation of 140 enhanced vouchers as the
result of a HUD Multifamily Housing
conversion action under section 536 of the
Preserving Affordable Housing for Senior
Citizens and Families into the 21st Century
Act (Pub. L. 106–74). Section 536 provides
that any project that receives or has received
assistance under the Flexible Subsidy
Program and is the subject of a transaction
under which the project is preserved as
affordable housing (as determined by HUD)
shall be considered eligible low-income
housing under section 229 of the LowIncome Housing Preservation and Resident
Homeownership Act of 1990 (LIHPRHA) for
tenant-based enhanced voucher rental
assistance. The owner and the DCHA are
seeking to convert the tenant-based
assistance to PBV assistance pursuant to
Notice PIH 2013–27, under which families
have voluntarily agreed to relinquish their
enhanced voucher assistance for PBV
assistance. The requested waiver is critical to
preserving affordable housing in the
Tenleytown neighborhood of Northwest
Washington, DC, which has limited
affordable housing. Without approval of this
waiver request, the project will not be able
to close, putting this much-needed affordable
housing resource at-risk. Allowing the DCHA
to select Friendship Terrace ensures that the
transaction to preserve the property as
affordable housing will be realized and this
property will remain an affordable housing
resource in the community.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 983.53(d),
983.152(c), and 983.153(c).
Project/Activity: DHCD is seeking approval
from HUD on behalf of its developer,
Covenant Commonwealth Corporation (CCC),
to permit CCC to proceed with necessary
environmental remediation, demolition, and
relocation work prior to entering into an
Agreement to enter into a Housing Assistance
Payment Contract (AHAP).
Nature of Requirement: As stated in the
request, DHCD began a planning process to
redevelop a public housing development
located at 1185 River Street, 1191–1203 River
Street, and 12 Central Avenue located in
Boston, Massachusetts in the Hyde Park
section of Boston over a period of time. To
avoid the long-term displacement of
impacted residents, the public housing units
on site are scheduled to be demolished in
phases. The developer is set to commence the
development of 63 units, including eight that
DHCD intends to cover by a PBV contract.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
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Date Granted: March 1, 2023.
Reason Waived: Pursuant to the waiver
authority provided at 24 CFR 5.110 and
considering the good cause presented, HUD
hereby waives 24 CFR 983.53(d), 983.152(c),
and 983.153(c) permitting CCC to begin the
demolition remediation activities specified in
the demolition services agreement, prior to
entering an AHAP with DCHD. However,
even with the granting of this waiver request,
until an AHAP is executed with DHCD, no
work beyond what has been identified in this
request may be performed; and all activities
must be performed in compliance with the
same Federal requirements that would apply
if an AHAP were in place, including DavisBacon prevailing wage requirements.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 983.53(d) 983.152(c),
and 983.153(c).
Project/Activity: FCRHA is seeking
approval from the Department of Housing
and Urban Development (HUD) on behalf of
its developer, Arlington Partnership for
Affordable Housing (APAH), to permit APAH
to proceed with necessary environmental
remediation, demolition, and utility
relocation work prior to entering into an
AHAP.
Nature of Requirement: 24 CFR 983.53(d)
983.152(c), and 983.153(c), which prohibit a
public housing agency (PHA) from executing
an Agreement to Enter into a Housing
Assistance Payment (AHAP) contract and
attaching Project-Based Voucher (PBV)
assistance to units if construction or
rehabilitation has commenced after proposal
submission.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 15, 2023.
Reason Waived: Due to the scale and
schedule for this early utility work, the
FCRHA is requesting a good cause waiver of
the regulations at § § 983.53(d) 24 CFR
983.152(c) and 983.153(c) that will allow
APAH to commence the utility relocation
work after completion of the Environmental
Review, but before completion of the Subsidy
Layering Review (SLR) and execution of the
AHAP. Allowing the utility relocation work
to proceed before the AHAP is executed will
allow for the completion of the new housing
faster and before changes in the economy
could render the phases unfinanceable,
therefore prolonging the lack of affordable
housing units within the community.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 983.205(b).
Project/Activity: The context for THA’s
waiver request is a redevelopment effort
involving the acquisition and renovation of
an existing PBV project that will include a
Rental Assistance Demonstration (RAD) PBV
conversion of 96 public housing units. THA
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17:42 Oct 13, 2023
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is requesting a waiver to allow a 20-year
contract extension to be executed for the
Belmont Phase III PBV HAP contract earlier
than the regulations provide.
Nature of Requirement: This regulation
states that extensions after the initial
extension are allowed at the end of any
extension term provided that, not more than
24 months prior to the expiration of the
previous extension contract, the public
housing agency (PHA) agrees to extend the
term. The extension must be appropriate to
continue to provide affordable housing for
low-income families or to expand housing
opportunities.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: Consistent with PIH
Notice 2017–21, THA could extend this
contract until February 1, 2036, without any
waiver. Please see Attachment G, Scenario 3
of the Notice. However, for a 20-year
extension (which will run from February
2026 until February 2046) to be entered into
prior to February 1, 2024, a waiver of 24 CFR
983.205(b) is required. The owners of
Belmont Heights Phase III need this waiver
because they are working with a lender and
investor to refinance the development using
tax-exempt bonds and Low-Income Housing
Tax Credits. The refinancing is necessary to
address physical needs at the property and to
preserve long-term affordability. Ultimately,
the waiver will facilitate the renovation and
development of this important project.
Contact: Nathaniel Johnson, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
5156.
• Regulation: 24 CFR 985.101(a).
Project/Activity: FHA has been
understaffed due to COVID–19 and recently
hired a new Executive Director. FHA notes
that these issues will impact its ability to
compile the necessary data required to
complete its SEMAP submission timely.
Therefore the FHA needs an extension to
allow time to collect the necessary data.
Nature of Requirement: This regulation
states that a public housing agency (PHA)
must submit the Department of Housing and
Urban Development (HUD) required SEMAP
certification form within 60 calendar days
after the end of its fiscal year. The PHA’s
fiscal year ended on September 30, 2022; the
SEMAP certification was due on or before
November 29, 2022.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Due to these
circumstances, HUD has determined,
pursuant to the waiver authority provided at
24 CFR 5.110, that there is good cause to
waive, and HUD hereby waives, 24 CFR
985.101(a) to permit the FHA to submit its
SEMAP certification after the deadline for its
fiscal year ending September 30, 2022.
Contact: Michelle Daniels, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
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Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
6051.
• Regulation: 24 CFR 985.101(a).
Project/Activity: The Housing Authority of
the City of Perth Amboy requesting a waiver
of the requirements of 24 CFR 985.101(a),
requiring the SEMAP certification to be
submitted within 60 calendar days after the
end of their fiscal year, along with their
justification for ‘‘good cause’’.
Nature of Requirement: Title 24 CFR
985.101(a) states that a public housing
agency (PHA) must submit the Department of
Housing and Urban Development (HUD)
required Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year. The PAHA’s fiscal year ends
on March 31, 2022, and its SEMAP
certification was due on or before May 30,
2022.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver
authority provided at 24 CFR 5.110, that
there is good cause to waive, HUD waives 24
CFR 985.101(a) to permit the PAHA to
submit its SEMAP certification after the
deadline for its fiscal year ending March 31,
2022.
Contact: Michelle Daniels, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone (202) 402–
6051.
• Regulation: 24 CFR 985.101(a) and 24
CFR 985.105(a)(1).
Project/Activity: The regulations at CFR
985.101(a) provide that a public housing
agency (PHA) must submit the Department of
Housing and Urban Development (HUD)
required Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year. The regulations at 24 CFR
985.105(a)(1) provide that HUD shall assess
each PHA’s performance under SEMAP
annually and shall assign each PHA a
SEMAP score and overall performance rating.
Nature of Requirement: The UCHA waiver
request states that the disruption of COVID–
19 and the impact that it had specifically on
the agency justifies this waiver. UCHA states
that completing inspections and briefings
were difficult because of the COVID–19
pandemic. UCHA closed several times (for
two weeks each occasion) during the
pandemic, in addition to experiencing staff
turnovers. The Executive Director retired in
early 2021, due to his declining health, the
inspector left in April 2022, and the Section
Eight Program Director left without notice in
September 2022. The UCHA is in rural
Oregon and has struggled to recruit staff in
general, especially experienced individuals.
The UCHA received an overall rating score as
High performer on its prior SEMAP
certifications in 2019, Standard in 2018, and
High in 2017.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
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Date Granted: March 15, 2023.
Reason Waived: Therefore, HUD has
determined, pursuant to the waiver authority
provided at 24 CFR 5.110, that there is good
cause to waive, and I hereby waive, 24 CFR
985.101(a) to permit UCHA to submit its
SEMAP certification after the deadline for its
fiscal year ending December 31, 2022. The
new submission deadline is May 1, 2023.
Contact: Michelle Daniels, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Washington, DC 20410, telephone 202–402–
6051.
• Regulation: 24 CFR 990.145(b) Public
housing dwelling units with approved
vacancies.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters.
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
ddrumheller on DSK120RN23PROD with NOTICES3
City of Daytona Beach .............
Puerto Rico PHA ......................
Date
2/7/2023
1/13/2023
• Regulation: 24 CFR 5.801 Uniform
Financial Reporting.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
VerDate Sep<11>2014
17:42 Oct 13, 2023
Jkt 262001
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
Municipality of San Juan ..........
Municipality of Salinas ..............
Municipality of Hormigueros .....
City of Daytona Beach .............
Lee County Housing Authority
Municipality of Gurabo ..............
Puerto Rico PHA ......................
1/5/2023
1/24/2023
1/24/2023
2/7/2023
2/7/2023
2/16/2023
1/13/2023
• Regulation: 24 CFR 902 Public Housing
Assessment.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
City of Daytona Beach .............
2/7/2023
• Regulation: 24 CFR 905.322(b) Fiscal
Closeout.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
PO 00000
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71453
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Municipality of Hormigueros .....
Municipality of Cayey ...............
Puerto Rico PHA ......................
Date
1/24/2023
1/24/2023
1/13/2023
• Regulation: 24 CFR 905.314(b)–(c) (Cost
and Other Limitations; Maximum Project
Cost; TDC Limit).
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Puerto Rico PHA ......................
Date
1/13/2023
• Regulation: 24 CFR 905.314(j) (Cost and
Other Limitations; Types of Labor).
Project/Activity: FR–6301–N–01 Regulatory
and Administrative Requirement Waivers
and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
E:\FR\FM\16OCN3.SGM
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
Behalf of Families Affected by Presidentially
Declared Disasters.
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410–5000, or email
to PIH_Disaster_Relief@hud.gov.
PHA
Puerto Rico PHA ......................
Date
1/13/2023
ddrumheller on DSK120RN23PROD with NOTICES3
• Regulation: 24 CFR 905.400(i)(5) Capital
Fund Formula Need for Projects with Demo
or Dispo.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh St. SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Puerto Rico PHA ......................
Date
1/13/2023
• Regulation: 24 CFR 960.202(c)(1) Tenant
Selection Policies.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
VerDate Sep<11>2014
17:42 Oct 13, 2023
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
Jkt 262001
PHA
Date
Municipality of Hormigueros .....
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of San Juan ..........
1/24/2023
1/24/2023
1/13/2023
1/5/2023
• Regulation: 24 CFR 982.206(a)(2)
Waiting List; Opening and Closing; Public
Notice.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
Municipality of Cayey ...............
Puerto Rico PHA ......................
PO 00000
Frm 00024
Fmt 4701
Sfmt 4703
1/24/2023
1/13/2023
PHA
Municipality
Municipality
Municipality
Municipality
Municipality
Municipality
of
of
of
of
of
of
Cidra .................
Caguas .............
Mayaguez .........
Guaynabo .........
Humacao ..........
Gurabo ..............
Date
1/5/2023
1/5/2023
1/5/2023
1/5/2023
1/24/2023
2/16/2023
• Regulation: 24 CFR 982.503(c) (HUD
approval of exception payment standard
amount).
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh St. SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of Caguas .............
Municipality of Mayaguez .........
Municipality of Guaynabo .........
Municipality of Ponce ...............
Municipality of San Juan ..........
Municipality of Carolina ............
Municipality of Bayamon ..........
City of Daytona Beach .............
Municipality of Trujillo Alto ........
Date
1/24/2023
1/13/2023
1/5/2023
1/5/2023
1/5/2023
1/5/2023
1/5/2023
1/5/2023
1/5/2023
2/7/2023
1/24/2023
• Regulation: 24 CFR 982.401(d) Housing
Quality Standards; Space and Security.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
E:\FR\FM\16OCN3.SGM
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process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Municipality of Hormigueros .....
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of San Juan ..........
Municipality of Humacao ..........
Municipality of Gurabo ..............
Date
1/24/2023
1/24/2023
1/13/2023
1/5/2023
1/24/2023
2/16/2023
• Regulation: 24 CFR 982.633(a)
Occupancy of Home.
Project/Activity: FR–6301–N–01 Regulatory
and Administrative Requirement Waivers
and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters.
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
ddrumheller on DSK120RN23PROD with NOTICES3
PHA
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of Gurabo ..............
Municipality of Humacao ..........
Municipality of San Juan ..........
Date
1/24/2023
1/13/2023
2/16/2023
1/24/2023
1/5/2023
• Regulation: 24 CFR 984.303(d) Contract
of Participation: Contract Extension.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
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Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of San Juan ..........
Municipality of Carolina ............
1/24/2023
1/13/2023
1/5/2023
1/5/2023
• Regulation: 24 CFR 985 (SEMAP).
Project/Activity: FR–6301–N–01 Regulatory
and Administrative Requirement Waivers
and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters.
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
Municipality of Hormigueros .....
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of Cidra .................
Municipality of Caguas .............
Municipality of Mayaguez .........
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1/13/2023
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1/5/2023
1/5/2023
PHA
Municipality of Guaynabo .........
Municipality of Humacao ..........
Municipality of Ponce ...............
Municipality of San Juan ..........
Municipality of Carolina ............
Municipality of Salinas ..............
Municipality of Adjuntas ............
City of Daytona Beach .............
Municipality of Gurabo ..............
71455
Date
1/5/2023
1/24/2023
1/5/2023
1/5/2023
1/5/2023
1/24/2023
1/30/2023
2/7/2023
2/16/2023
• Regulation: Notice PIH 2018–24, Section
8(c) Verification of Social Security Notice
(SSN).
Project/Activity: FR–6301–N–01 Regulatory
and Administrative Requirement Waivers
and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters.
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Municipality of Cayey ...............
Puerto Rico PHA ......................
Municipality of Guaynabo .........
Municipality of Humacao ..........
Municipality of San Juan ..........
Municipality of Bayamon ..........
Municipality of Gurabo ..............
City of Daytona Beach .............
Date
1/24/2023
1/13/2023
1/5/2023
1/24/2023
1/5/2023
1/5/2023
2/16/2023
2/7/2023
• Regulation: 24 CFR 970.15(b)(1)(ii)
Specific Criteria for HUD Approval of Demo
Request.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
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process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Puerto Rico PHA ......................
City of Daytona Beach .............
Date
1/13/2023
2/7/2023
• Regulation: 24 CFR 970.15(b)(2) Specific
Criteria for HUD Approval of Demo Request.
Project/Activity: Regulatory and
Administrative Requirement Waivers and
Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and
CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially
Declared Disasters (Docket No. FR–6301–N–
01).
Reason Waived: HUD’s expedited process
for waivers and flexibilities from HUD
regulatory and administrative requirements
(‘‘HUD requirements’’) during Presidentially
Declared Disasters (PDDs). To respond to
PDDs, this notice establishes an expedited
process for the review of waiver requests and
flexibilities for calendar years (CY) 2022 and
2023, for Public Housing Agencies (PHAs)
located within PDDs (PDD PHAs). PDD PHAs
may make such requests utilizing the
expedited process set forth in this
notification.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
Puerto Rico PHA ......................
1/13/2023
Extended Streamlined Waivers/Regulation 1
• Regulation: 24 CFR 982.505(c)(4)
Increase in Payment Standard During
Housing Assistance Payment (HAP) Contract
Term.
Project/Activity: Notice PIH 2022–30
Extension of Certain Regulatory Waivers for
the Housing Choice Voucher (including
Mainstream) Program and Streamlined
Review Process.
Nature of Requirement: PHAs may request
an extension of 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.
Reason Waived: Extension for PHAs that
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 for Public and Indian
Housing.
Date Granted: First Quarter of 2023.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410, or email to
PIH_Expedited_Waivers@hud.gov.
ddrumheller on DSK120RN23PROD with NOTICES3
PHAs
Date
Hope Housing Authority .......................................................................................................................................................................
Polk County Housing Authority ............................................................................................................................................................
Paragould Housing Authority ...............................................................................................................................................................
White River Regional Housing Authority .............................................................................................................................................
County of Monterey Hsg Auth .............................................................................................................................................................
Center Housing Authority ....................................................................................................................................................................
Boulder County Housing Authority ......................................................................................................................................................
County of Hawaii .................................................................................................................................................................................
City of Sioux City Housing Authority ...................................................................................................................................................
Moline Housing Authority .....................................................................................................................................................................
Fulton County Housing Authority .........................................................................................................................................................
Indianapolis Housing Agency ..............................................................................................................................................................
Housing Authority of the City of Charlestown .....................................................................................................................................
Housing Authority of the City of Crawfordsville ...................................................................................................................................
Seymour Housing Authority .................................................................................................................................................................
Housing Authority of the City of Noblesville ........................................................................................................................................
Johnson County Housing Authority .....................................................................................................................................................
Cumberland Valley Regional Housing Authority .................................................................................................................................
Housing Authority of East Baton Rouge .............................................................................................................................................
West Springfield Housing Authority .....................................................................................................................................................
Leominster Housing Authority .............................................................................................................................................................
Wicomico County Housing Authority ...................................................................................................................................................
Housing Authority of the Town of Easton ...........................................................................................................................................
Baltimore County, MD .........................................................................................................................................................................
HRA of Duluth, Minnesota ...................................................................................................................................................................
Scotland County Public Hsg Agency ...................................................................................................................................................
Phelps County Public Housing Agency ...............................................................................................................................................
Housing Authority of the City of High Point ........................................................................................................................................
Williamston Housing Authority .............................................................................................................................................................
Scotts Bluff County Housing Authority ................................................................................................................................................
West Central Nebraska Joint Housing Authority .................................................................................................................................
Housing Authority of the Township of Middleton ................................................................................................................................
Lorain Metropolitan Housing Authority ................................................................................................................................................
Oklahoma Housing Finance Agency ...................................................................................................................................................
Reading Housing Authority ..................................................................................................................................................................
Clearfield County Housing Authority ...................................................................................................................................................
Housing Authority Providence .............................................................................................................................................................
Municipality of Patillas .........................................................................................................................................................................
Housing Authority of the City of Columbia ..........................................................................................................................................
Housing Authority of Fort Mill ..............................................................................................................................................................
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2/7/2023
2/17/2023
1/4/2023
2/17/2023
1/25/2023
2/17/2023
2/6/2023
1/17/2023
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2/7/2023
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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
PHAs
Date
Vermillion Housing And Redevelopment Commission ........................................................................................................................
East Tennessee Human Resource Agency ........................................................................................................................................
Hampton Redevelopment & Housing Authority ...................................................................................................................................
Va. Beach Dept. of Hsg & Neighborhood Pres ...................................................................................................................................
Housing Authority of Skagit County ....................................................................................................................................................
Racine County Housing Authority .......................................................................................................................................................
Kenosha Housing Authority .................................................................................................................................................................
Sawyer County Housing Authority .......................................................................................................................................................
Dodge County Housing Authority ........................................................................................................................................................
Charleston/Kanawha Housing Authority ..............................................................................................................................................
Housing Authority of the City of Martinsburg ......................................................................................................................................
Housing Authority of Raleigh County ..................................................................................................................................................
Extended Streamlined Waivers/Regulation 2
• Regulation: 24 CFR 982.503(b) Voucher
Tenancy: New Payment Standard Amount.
Project/Activity: Notice PIH 2022–30
Extension of Certain Regulatory Waivers for
the Housing Choice Voucher (including
Mainstream) Program and Streamlined
Review Process.
Nature of Requirement: PHAs may request
an extension of expedited waiver(s) to allow
for establishment of payment standards from
111 to 120 percent of the FMR.
Reason Waived: Extension for PHAs that
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.
ddrumheller on DSK120RN23PROD with NOTICES3
Date
HA Midland City ...................................................................................................................................................................................
Hope Housing Authority .......................................................................................................................................................................
Polk County Housing Authority ............................................................................................................................................................
Paragould Housing Authority ...............................................................................................................................................................
White River Regional Housing Authority .............................................................................................................................................
Pulaski County Housing Agency .........................................................................................................................................................
Center Housing Authority ....................................................................................................................................................................
Housing Authority of the City of Miami Beach ....................................................................................................................................
County of Hawaii .................................................................................................................................................................................
County of Maui ....................................................................................................................................................................................
Indianapolis Housing Agency ..............................................................................................................................................................
Housing Authority of the City of Crawfordsville ...................................................................................................................................
Seymour Housing Authority .................................................................................................................................................................
South Central KS Area Agency on Aging (Cowley Co.) .....................................................................................................................
Housing Authority of Newport ..............................................................................................................................................................
Cumberland Valley Regional Housing Authority .................................................................................................................................
Housing Authority of East Baton Rouge .............................................................................................................................................
West Springfield Housing Authority .....................................................................................................................................................
Wicomico County Housing Authority ...................................................................................................................................................
Housing Authority of the Town of Easton ...........................................................................................................................................
Baltimore County, MD .........................................................................................................................................................................
Phelps County Public Housing Agency ...............................................................................................................................................
Whitefish Housing Authority ................................................................................................................................................................
Housing Authority of the City of High Point ........................................................................................................................................
Williamston Housing Authority .............................................................................................................................................................
Scotts Bluff County Housing Authority ................................................................................................................................................
Housing Authority of the Township of Middleton ................................................................................................................................
Cortland Housing Authority ..................................................................................................................................................................
Hudson Housing Authority ...................................................................................................................................................................
Village of New Hartford .......................................................................................................................................................................
Lorain Metropolitan Housing Authority ................................................................................................................................................
Erie Metropolitan Housing Authority ....................................................................................................................................................
Hocking Metropolitan Housing Authority .............................................................................................................................................
Emerald Development and Economic Network ...................................................................................................................................
Oklahoma Housing Finance Agency ...................................................................................................................................................
Reading Housing Authority ..................................................................................................................................................................
Clearfield County Housing Authority ...................................................................................................................................................
Housing Authority Providence .............................................................................................................................................................
Municipality of Patillas .........................................................................................................................................................................
Housing Authority of the City of Columbia ..........................................................................................................................................
Vermillion Housing And Redevelopment Commission ........................................................................................................................
Murfreesboro Housing Authority ..........................................................................................................................................................
East Tennessee Human Resource Agency ........................................................................................................................................
Housing Authority of Odessa ...............................................................................................................................................................
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3/28/2023
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3/28/2023
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Date Granted: First Quarter of 2023.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Suite
3180, Washington, DC 20410–5000, or email
to PIH_Expedited_Waivers@hud.gov.
PHAs
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2/2/2023
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2/17/2023
2/2/2023
3/1/2023
3/8/2023
3/1/2023
3/8/2023
2/2/2023
3/16/2023
3/8/2023
1/4/2023
3/8/2023
3/8/2023
2/7/2023
2/17/2023
1/4/2023
2/17/2023
2/17/2023
2/6/2023
1/17/2023
3/1/2023
3/16/2023
3/16/2023
2/17/2023
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2/2/2023
1/17/2023
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2/2/2023
2/2/2023
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3/8/2023
2/7/2023
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3/21/2023
3/16/2023
3/8/2023
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PHAs
Date
Panhandle Community Services .........................................................................................................................................................
Housing Authority of the City of Ogden ..............................................................................................................................................
Trempealeau County Housing Authority .............................................................................................................................................
Racine County Housing Authority .......................................................................................................................................................
CDA of the City of West Allis ..............................................................................................................................................................
Janesville Neighborhood Services ......................................................................................................................................................
Sawyer County Housing Authority .......................................................................................................................................................
Dodge County Housing Authority ........................................................................................................................................................
Wisconsin Housing & Economic Development Authority ....................................................................................................................
Charleston/Kanawha Housing Authority ..............................................................................................................................................
Housing Authority of the City of Martinsburg ......................................................................................................................................
Clarksburg/Harrison Housing Authority ...............................................................................................................................................
Housing Authority of Raleigh County ..................................................................................................................................................
[FR Doc. 2023–22603 Filed 10–13–23; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES3
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]]>Agencies
[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71432-71458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22603]
[[Page 71431]]
Vol. 88
Monday,
No. 198
October 16, 2023
Part III
Department of Housing and Urban Development
-----------------------------------------------------------------------
Notice of Regulatory Waiver Requests Granted for the First Quarter of
Calendar Year 2023; Notice
Federal Register / Vol. 88 , No. 198 / Monday, October 16, 2023 /
Notices
[[Page 71432]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6395-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2023
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 January 1, 2023, and ending on March 31, 2023.
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 10276, Washington, DC 20410-
0500, telephone 202-708-3055 (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 first quarter of calendar year 2023.
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
January 1, 2023, through March 31, 2023. 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 first quarter of calendar
year 2023) before the next report is published (the second quarter of
calendar year 2023), HUD will include any additional waivers granted
for the first quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Damon Y. Smith,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2023, Through
March 31, 2023
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.
I. Mega-Waiver for California Severe Winter Storms, Flooding,
Landslides, and Mudslides--Continuum of Care (CoC) Program
On February 9, 2023, 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 severe winter storms, flooding, landslides,
and mudslides in areas of California covered by a major disaster
declaration under Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated
January 14, 2023, and as may be amended (the ``declared-disaster
areas''). The following summarizes the waivers available for CoC
Program Recipients.
[[Page 71433]]
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: The 24-month limit on rental assistance is
waived for two years 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 waiver.
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: February 9, 2023.
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 receive rental assistance within 2 years of
the date of the waiver, 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 (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 the date the waiver was granted 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: February 9, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into 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 (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 the date of the
waiver 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: February 9, 2023.
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 the date of the waiver. 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: February 9, 2023.
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 (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 the date of the waiver 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.
[[Page 71434]]
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: February 9, 2023.
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
severe winter storms, flooding, landslides, and mudslides in
California 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 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 (202) 708-4300.
II. Mega-Waiver for California Severe Winter Storms, Flooding,
Landslides, and Mudslides--Emergency Solutions Grants (ESG) Program
On February 9, 2023, 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 severe winter storms, flooding, landslides,
and mudslides in areas of California covered by a major disaster
declaration under Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated
January 14, 2023, and as may be amended (the ``declared-disaster
areas''). The following summarizes the waivers available for ESG
Program Recipients.
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 severe
winter storms, flooding, landslides, and mudslides in areas of
California; 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
waiver. 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: February 9, 2023.
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 waiver 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 (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 the
date of the waiver 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: February 9, 2023.
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 severe
winter storms, flooding, landslides, and mudslides in California.
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 (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 the date of the waiver.
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: February 9, 2023.
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 (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
[[Page 71435]]
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: February 9, 2023.
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 (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 ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; 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: February 9, 2023.
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 ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; and assisting program
participants with subleases.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
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 severe
winter storms, flooding, landslides, and mudslides in California; 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 the date of the
waiver; 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: February 9, 2023.
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 (202) 708-4300.
III. Mega-Waiver for Alabama Severe Storms, Straight-Line Winds,
and Tornadoes--CoC
On February 9, 2023, 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 Alabama severe storms, straight-line winds,
and tornadoes covered by a major disaster declaration under Title IV
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act), DR-4698-AR, dated January 15, 2023, and as may
be amended (the ``declared-disaster areas''). The following
summarizes the waivers available for CoC Program Recipients.
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 the date of the waiver, 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 waiver.
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: February 9, 2023.
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 receive rental assistance within 2 years of
the date of the waiver, 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 (202) 708-4300.
[[Page 71436]]
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 the date of the waiver 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: February 9, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into 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 (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 the date of the
waiver 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: February 9, 2023.
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 (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 the date of the waiver. 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: February 9, 2023.
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 (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 the date of the waiver 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: February 9, 2023.
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
severe storms, straight-line winds, and tornadoes in Alabama 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
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 (202) 708-4300.
IV. Mega-Waiver for Alabama Severe Storms, Straight-Line Winds, and
Tornadoes--ESG
On February 9, 2023, 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 severe storms, straight-line winds, and
tornadoes in areas of Alabama covered by a
[[Page 71437]]
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4698-AR, dated January 15, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for ESG Program Recipients.
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 severe
storms, straight-line winds, and tornadoes in Alabama; 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 waiver. 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: February 9, 2023.
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 waiver 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 (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 the
date of the waiver 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: February 9, 2023.
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 severe
storms, straight-line winds, and tornadoes in Alabama. 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 (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 the date of the waiver.
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: February 9, 2023.
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: February 9, 2023.
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 (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 ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; 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
[[Page 71438]]
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: February 9, 2023.
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 (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
severe storms, straight-line winds, and tornadoes in Alabama; 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 the date of the
waiver; 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: February 9, 2023.
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 (202) 708-4300.
V. Mega-Waiver for Mississippi Severe Storms, Straight-Line Winds,
and Tornadoes--CoC
On March 30, 2023, 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 Mississippi severe storms, straight-line
winds, and tornadoes covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR-4698-AR, dated March26, 2023, and
as may be amended (the ``declared-disaster areas''). The following
summarizes the waivers available for CoC Program Recipients.
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 the date of the waiver, 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 waiver.
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: March 30, 2023.
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 receive rental assistance within 2 years of
the date of the waiver, 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 the date of the waiver 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: March 30, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into 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 the date
[[Page 71439]]
of the waiver 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: March 30, 2023.
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 the date of the waiver. 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: March 30, 2023.
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 the date of the waiver 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: March 30, 2023.
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
from severe storms, straight-line winds, and tornadoes in
Mississippi 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 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.
VI. Mega-Waiver for Mississippi Severe Storms, Straight-Line Winds,
and Tornadoes--ESG
On March 30, 2023, 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 severe storms, straight-line winds, and
tornadoes in areas of Mississippi covered by a major disaster
declaration under Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated March
26, 2023, and as may be amended (the ``declared-disaster areas'').
The following summarizes the waivers available for ESG Program
Recipients.
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 severe
storms, straight-line winds, and tornadoes in Mississippi; 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 waiver. 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: March 30, 2023.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management
[[Page 71440]]
assistance will assist individuals and families, both those already
receiving assistance and those who will receive assistance
subsequent to the date of the waiver 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 the
date of the waiver 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: March 30, 2023.
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 severe
storms, straight-line winds, and tornadoes in Mississippi. 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 the date of the waiver.
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: March 30, 2023.
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: March 30, 2023.
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 ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; 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: March 30, 2023.
Reason Waived: 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 other
the ESG waivers on term limits on rental assistance and housing
relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. This waiver may be used for
program participants affected by the disaster, even if they are
residing outside of the disaster area. However, 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.
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
severe storms, straight-line winds, and tornadoes in Mississippi; 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 the date of the
waiver; 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.
[[Page 71441]]
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: March 30, 2023.
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.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The City of Los Angeles, California requested
a waiver of 24 CFR 92.252(d)(1) to allow use of the utility
allowance established by the local public housing agency (PHA) for
Florence Mills Apartments, Pico Robertson Senior Community
Apartments, and LA Pro II Apartments, three 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: January 26, 2023.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single 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, 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-4683-CA).
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 the disaster 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 for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification 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 the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from February 9, 2023. 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 the disaster; 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, 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-4683-CA).
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 for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below. 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 the disaster, as evidenced by the tenant's
FEMA registration or other relevant documentation acceptable to the
participating jurisdiction, for a period of 24 months after February
9, 2023. 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 the disaster, as evidenced by the family's FEMA
registration, for a period of 24 months after February 9, 2023. The
other provisions of 24 CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient's FEMA registration, and are
being assisted through a HOME TBRA program funded by the
participating jurisdiction for a period of 24 months after February
9, 2023. Units must meet any applicable State and local health and
safety codes and requirements. The lead safe housing requirements of
24 CFR part 35, subpart M, made applicable to units leased by
recipients of HOME TBRA by the HOME regulation at 24 CFR 92.355, are
not waived.
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 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas (see FEMA-DR-4683-CA).
Nature of Requirement: Section 220(a) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12750(a)) (NAHA) and 24
CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec.
92.222(b) also permit HUD to reduce this matching requirement for a
participating jurisdiction located in a declared-disaster area for
any funds drawn from a participating jurisdiction's HOME Investment
Trust Fund by up to 100 percent during any part of a fiscal year
impacted by the disaster. However, 92.222(b)(1) imposes certain
[[Page 71442]]
conditions in granting the reduction to the matching requirement
which HUD has determined there is sufficient good cause to waive.
Waiving the conditions required to reduce the match requirement for
the participating jurisdiction by 100 percent for FY 2023 and FY
2024 will eliminate administrative burden on affected participating
jurisdictions and the need for the participating jurisdiction to
identify match for HOME projects related to the damage caused by the
disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and 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, 2022, through September 30, 2024. The waiver 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-4683-CA).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
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
the disaster. 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 for Community Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
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 February
9, 2023.
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-4683-CA).
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 the disaster 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 for Community Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from February 9, 2023. 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 the disaster; 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 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4684-AL).
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 the disaster 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 for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification 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 the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from February 9, 2023. 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 the disaster; 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, 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-4684-AL).
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 for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below. 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 the disaster, as evidenced by the tenant's
FEMA registration or other relevant documentation acceptable to the
participating jurisdiction, for a period of 24 months after February
9, 2023. 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 the disaster, as evidenced by the family's FEMA
[[Page 71443]]
registration, for a period of 24 months after February 9, 2023. The
other provisions of 24 CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient's FEMA registration, and are
being assisted through a HOME TBRA program funded by the
participating jurisdiction for a period of 24 months after February
9, 2023. Units must meet any applicable State and local health and
safety codes and requirements. The lead safe housing requirements of
24 CFR part 35, subpart M, made applicable to units leased by
recipients of HOME TBRA by the HOME regulation at 24 CFR 92.355, are
not waived.
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 92.222(b)(1).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4684-AL).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and Sec. 92.222(b) also permit HUD to reduce this
matching requirement for a participating jurisdiction located in a
declared-disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
Sec. 92.222(b)(1) imposes certain conditions in granting the
reduction to the matching requirement which HUD has determined there
is sufficient good cause to waive. Waiving the conditions required
to reduce the match requirement for the participating jurisdiction
by 100 percent for FY 2023 and FY 2024 will eliminate administrative
burden on affected participating jurisdictions and the need for the
participating jurisdiction to identify match for HOME projects
related to the damage caused by the disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and 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, 2022 through September 30, 2024. The waiver 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-4684-AL).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
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
the disaster. 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 for Community Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
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 February
9, 2023.
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-4684-AL).
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 the disaster 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 for Community Planning and Development.
Date Granted: February 9, 2023.
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 the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from February 9, 2023. 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 the disaster; 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 92.300(a)(2).
Project/Activity: The City of Muncie, Indiana, requested a
waiver of 24 CFR 92.300(a)(2) to permit Bridges Community Services,
Inc. (Bridges) a community housing development organization (CHDO),
to transfer ownership of a HOME-assisted project, designated as HOME
IDIS activity #2518, to Muncie Management, Inc., a non-CHDO for-
profit corporation, that will own and operate the HOME-assisted
project in accordance with 24 CFR part 92.
Nature of Requirement: The regulation at 24 CFR 92.300(a)(2)
requires that rental housing developed with CHDO set-aside funds
under 24 CFR 92.300(a) must be owned by the CHDO for a period at
least equal to the period of affordability in 24 CFR 92.252(e).
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 13, 2023.
Reason Waived: Muncie Management, Inc does not meet the
definition of a CHDO at 24 CFR 92.2. This waiver will permit the
transfer of this HOME-assisted project to Muncie Management, Inc,
which will own and operate the project in accordance with the HOME
requirements in 24 CFR part 92 for the duration of the HOME period
of affordability in 24 CFR 92.252(e). Without a waiver of 24 CFR
92.300(a)(2), the HOME-assisted project may fall into disrepair, be
lost to foreclosure, or fail to remain as affordable housing
operated in accordance with 24 CFR part 92 throughout the HOME
period of affordability and the City would be required to repay its
HOME investment for the acquisition of the HOME-assisted project. As
a condition to the waiver, the City must complete its proposed
actions to assign the HOME written agreement to MMI and record an
amended deed restriction in compliance with 24 CFR 92.252 for the
remainder of the HOME period of affordability.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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: San Luis Obispo County, California, requested
a waiver of 24 CFR
[[Page 71444]]
92.252(d)(1) to allow use of the utility allowance established by
the local PHA for Willow Walk Senior Apartments, and Los Angeles
County, California requested a waiver of 24 CFR 92.252(d)(1) to
allow use of the utility allowance established by the local PHA for
Stanford Avenue Apartments. Each project is HOME-assisted.
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: February 14, 2023.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single 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, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 92.2, 24 CFR 92.254(b)(2).
Project/Activity: The State of California requested waivers of
the HOME definition of reconstruction at 24 CFR 92.2 to permit the
commitment of funds after 12 months from the date of destruction and
the principal residency requirement at 24 CFR 92.254(b)(2) to permit
the State to use HOME funds for the reconstruction of homes on the
same lot in the Town of Paradise, California, where the properties
were destroyed in the November 8, 2018, Camp wildfire disaster, but
which may not be the owner's principal residence at the time HOME
funds are committed to the project.
Nature of Requirement: The regulation at 24 CFR 92.2 defines
reconstruction as ``rebuilding, on the same lot, of housing standing
on a site at the time of project commitment, except that housing
that was destroyed may be rebuilt on the same lot if HOME funds are
committed within 12 months of the date of destruction.'' For the
purposes of the HOME program, reconstruction is considered a
rehabilitation activity. The regulation at Sec. 92.254(b)(2)
requires that the rehabilitated housing be ``the principal residence
of an owner whose family qualifies as a low-income family at the
time HOME funds are committed to the housing.''
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 22, 2023.
Reason Waived: More than 4 years have passed since the Camp
wildfire disaster destroyed owner-occupied housing in the Town of
Paradise. Requiring the State to adhere to the 12-month requirement
in the definition of reconstruction and the requirement that a
homeowner occupy their home as a principal residence at the time
HOME assistance is committed would create a significant hardship for
income-eligible homeowners in the Town of Paradise in need of
assistance to rebuild their homes on the existing lots. A waiver of
Sec. 92.2 to permit the commitment of funds after 12 months from
the date of destruction will allow the State to use HOME funds to
assist eligible homeowners whose principal residences were destroyed
by the 2018 Camp wildfire to reconstruct their homes on the same
site. A waiver of Sec. 92.254(b)(2)'s principal residency
requirement will allow the State to use HOME funds to assist
eligible homeowners with homes that were damaged or destroyed by the
Camp wildfire and that may not be their principal residences
(because of displacement due to the disaster) at the time HOME funds
are committed to the project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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-4697-MS).
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 the disaster 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 for Community Planning and Development.
Date Granted: March 30, 2023.
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 the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from March 30, 2023. 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 the disaster; 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, 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-4697-MS).
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 for Community Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below. 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 the disaster, as evidenced by the tenant's
FEMA registration or other relevant documentation acceptable to the
participating jurisdiction, for a period of 24 months after March
30, 2023. 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 the disaster, as evidenced by the family's FEMA
registration, for a period of 24 months after March 30, 2023. The
other provisions of 24 CFR 92.209(h) are not waived. 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 the
disaster, as evidenced by the recipient's FEMA registration, and are
being assisted through a HOME TBRA program funded by the
participating jurisdiction for a period of 24 months after March 30,
2023. Units must meet any applicable State and local health and
safety codes and requirements. The lead safe housing requirements of
24 CFR part 35, subpart M, made applicable to units leased by
recipients of HOME TBRA by the HOME regulation at 24 CFR 92.355, are
not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451
[[Page 71445]]
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4697-MS).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require 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. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and 92.222(b) also permit HUD to reduce this matching
requirement for a participating jurisdiction located in a declared-
disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
92.222(b)(1) imposes certain conditions in granting the reduction to
the matching requirement which HUD has determined there is
sufficient good cause to waive. Waiving the conditions required to
reduce the match requirement for the participating jurisdiction by
100 percent for FY 2023 and FY 2024 will eliminate administrative
burden on affected participating jurisdictions and the need for the
participating jurisdiction to identify match for HOME projects
related to the damage caused by the disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and 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, 2022 through September 30, 2024. The waiver 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-4697-MS).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
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
the disaster. 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 for Community Planning and Development.
Date Granted: March 30, 2023.
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 the disaster.
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 March 30,
2023.
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-4697-MS).
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 the disaster 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 for Community Planning and Development.
Date Granted: March 30, 2023.
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 the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from March 30, 2023. 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 the disaster; 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 91.105(c)(2) and (k); 24 CFR
91.115(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: The State of California and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4683-CA) seeking to
expedite action in response to severe winter storms, flooding,
landslides, and mudslides, 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-4683-CA, dated January 14, 2023, as may be
amended (the ``California 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: February 9, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms that hit California beginning December 27, 2022. As a
result of substantial property loss and destruction, many
individuals and families residing in the California 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).
Project/Activity: The State of California and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the California declared-disaster areas (see DR-4683-CA)
seeking to expedite action in response to severe winter storms,
flooding, landslides, and mudslides, upon notification to the
Community Planning and Development Director in its respective HUD
Field Office. This authority is in effect for grantees within the
California 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) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and
[[Page 71446]]
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: February 9, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms that hit California beginning
December 27, 2022. As a result of substantial property loss and
destruction, many individuals and families residing in the
California 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 California severe winter
storms, flooding, landslides, and mudslides.
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: February 9, 2023.
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 severe winter storms,
flooding, landslides, and mudslides. The waiver will allow CDBG
grantees, including grantees providing assistance to evacuees
outside the California declared-disaster areas, to pay for the basic
daily needs of individuals and families affected by the severe
winter storms, flooding, landslides, and mudslides 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: The State of Alabama and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4684-AL) seeking to
expedite action in response to severe winter storms, straight-line
winds, and tornadoes, 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-
4684-AL, dated January 15, 2023, as may be amended (the ``Alabama
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: February 9, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms, straight-line winds, and tornadoes that hit Alabama
on January 12, 2023. As a result of substantial property loss and
destruction, many individuals and families residing in the Alabama
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).
Project/Activity: The State of Alabama and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Alabama declared-disaster areas (see DR-4684-AL)
seeking to expedite action in response to severe winter storms,
straight-line winds, and tornadoes, upon notification to the
Community Planning and Development Director in its respective HUD
Field Office. This authority is in effect for grantees within the
Alabama 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) and 24 CFR 91.115(c)(2) and (i) 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: February 9, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms, straight-line winds, and tornadoes
that hit Alabama on January 12, 2023. As a result of substantial
property loss and destruction, many individuals and families
residing in the Alabama 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 Alabama severe winter
storms, straight-line winds, and tornadoes.
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: February 9, 2023.
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
[[Page 71447]]
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 severe winter
storms, straight-line winds, and tornadoes. The waiver will allow
CDBG grantees, including grantees providing assistance to evacuees
outside the Alabama declared-disaster areas, to pay for the basic
daily needs of individuals and families affected by the severe
winter storms, straight-line winds, and tornadoes 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: The State of Mississippi and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4697-MS) seeking to
expedite action in response to severe winter storms, straight-line
winds, and tornadoes, 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-
4697-MS, dated March 26, 2023, as may be amended (the ``Mississippi
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: March 30, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms, straight-line winds, and tornadoes that hit
Mississippi on March 24-25, 2023. As a result of substantial
property loss and destruction, many individuals and families
residing in the Mississippi 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).
Project/Activity: The State of Mississippi and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Mississippi declared-disaster areas (see DR-4697-MS)
seeking to expedite action in response to severe winter storms,
straight-line winds, and tornadoes, upon notification to the
Community Planning and Development Director in its respective HUD
Field Office. This authority is in effect for grantees within the
Mississippi 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) and 24 CFR 91.115(c)(2) and (i) 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: March 30, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms, straight-line winds, and tornadoes
that hit Mississippi on March 24-25, 2023. As a result of
substantial property loss and destruction, many individuals and
families residing in the Mississippi 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 Mississippi severe winter
storms, straight-line winds, and tornadoes.
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: March 30, 2023.
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 severe winter storms,
straight-line winds, and tornadoes. The waiver will allow CDBG
grantees, including grantees providing assistance to evacuees
outside the Mississippi declared-disaster areas, to pay for the
basic daily needs of individuals and families affected by the severe
winter storms, straight-line winds, and tornadoes 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.
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,
2023.
Project/Activity: Wasmver Apartments, Mount Vernon, Ohio,
Project No. 043-11318.
Nature of Requirement: 24 CFR 200.73(c). (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. However,
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, provided each site
contains at least five (5) rental dwelling units.
The lender, Orix Real Estate Capital, LLC, has applied for
mortgage insurance under the Section 223(f) program to refinance the
project, Wasmver Apartments, with moderate renovation of
approximately $95,261 ($7,216 per unit). The property is in Knox
County in Mount Vernon, Ohio and is comprised of thirteen (13)
affordable units within three (3) buildings located on two (2)
noncontiguous sites approximately \3/4\ miles apart. One site
[[Page 71448]]
has two (2) of the three (3) buildings with five (5) units each, but
the other site has one (1) building with only three (3) units.
Granted By: Julia R. Gordon, Assistant Secretary Office of
Housing-Federal Housing Administration.
Date Granted: February 21, 2023.
Reason Waived: The project was originally approved and
constructed under the Section 202 program as one project, and the
two (2) sites have been operated as one marketable and manageable
real estate entity with management and operations under one
management office for the past 30 years. The project has historic
occupancy of 95% annually. The existing Regulatory Agreement on the
project restricts tenancy to seniors aged 62+ and mobility impaired
residents. The project is 100% Project-Based Section 8 rental
assistance under a 20-year HAP Contract (which expires on 8/31/2036)
and therefore meets HUD's requirements for flexibility for scattered
sites (See, MAP Guide, Chapter 3, Section 3.1.30.C.7). The waiver
will meet HUD's goal of preserving and maintaining affordable rental
housing for low-income families.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, HTD, Department of Housing and Urban Development, 451
Seventh Street SW, Room 6134, Washington, DC 20410, telephone (202)
402-6257.
Regulation: 24 CFR 200.73(c).
Project/Activity: Talmage-Oakland Portfolio, Minneapolis,
Minnesota, Project No. 092-35886.
Nature of Requirement: 24 CFR 200.73(c). (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. However,
Chapter 3, Section 3.1.30 of the MAP Guide permits a project with
two or more contiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity, provided each site
contains at least five (5) units.
The lender, Colliers Mortgage, LLC, proposes to finance the
Talmage-Oakland Portfolio project with a loan insured pursuant to
the Section 221(d)(4) Substantial Rehabilitation program to finance
much needed repairs and physical improvements of the project. The
project is in Minneapolis, Minnesota and is comprised of 57 total
affordable units. The subject property, comprised of 16 buildings,
is located on 13 parcels, which are clustered on five (5) non-
contiguous sites. Four (4) of the 13 parcels have only two (2) to
four (4) units. This project is 100% Section 8, and will be covered
by a single Low-Income Housing Tax Credit Land Use Restrictive
Agreement (LIHTCLURA) restricting the units to residents earning 60%
Area Median Income (AMI).
Granted By: Julia R. Gordon, Assistant Secretary Office of
Housing-Federal Housing Administration.
Date Granted: February 27, 2023.
Reason Waived: Colliers Mortgage, LLC, submitted application for
mortgage insurance under the Section 221(d)(4) Substantial
Rehabilitation program to finance the project's, Talmage-Oakland
Portfolio, approximately $7,410,000 ($130,000 per unit) planned
repairs. The property will be owned and managed by a non-profit
organization that has developed and owned over 50 properties with
more than 4,500 affordable units. The non-profit organization also
has extensive experience with HUD and has previously completed
multiple in-place rehabilitation through FHA loans. As a 100%
Section 8 project, it meets HUD's requirements for flexibility for
scattered sites (See, MAP Guide, Chapter 3, Section 3.1.30.C.7). The
FHA transaction will address much-needed repairs and replacements
that will help preserve this affordable housing for the community.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6134, Washington, DC 20410,
telephone (202) 402-6257.
Regulation: 24 CFR 206.113 Late charge and interest.
Project/Activity: Temporary, Partial Waiver of required late
charges and interest for past due mortgage insurance premiums (MIP).
Nature of Requirement: 24 CFR 206.113 Late Charge and Interest,
under Mortgage Insurance Premiums under Subpart B--Eligibility;
Endorsement of 24 CFR part 206 Home Equity Conversion Mortgage
Insurance, stipulates initial MIP remitted to the Commissioner more
than five days after the payment date in Sec. 206.111(a) and
monthly MIP remitted to the Commissioner more than five days after
the payment date in Sec. 206.111(b) shall include a late charge of
four percent of the amount owed. 24 CFR 206.113(b) also requires
mortgagees pay interest on any initial MIP remitted to the
Commissioner more than 20 days after closing, and interest on any
monthly MIP remitted to the Commissioner more than five days after
the payment date prescribed in Sec. 206.111(b).
Granted By: Julia R. Gordon, Secretary for Housing--Federal
Housing Commissioner.
Date Granted: January 10, 2023.
Reason Waived: Reverse Mortgage Funding LLC (RMF) filed for
Chapter 11 bankruptcy on November 30, 2022 and did not provide for
timely payment of their December 2022 Mortgage Insurance Premium
(MIP) obligation, resulting in late charges and interest being
assessed. This partial waiver of required late charges and interest
for past due MIP was issued for FHA-approved mortgagees accepting
transfer of those Home Equity Conversion Mortgages (HECMs) for which
RMF failed to timely pay MIP to the Federal Housing Administration,
resulting in the accrual of late charges and interest. Without this
waiver, HECM servicers of the RMF portfolio would not have been able
to submit claims and thereby would have increased the instability of
the HECM program that was made worse through the RMF bankruptcy. The
waiver relinquished the requirement for RMF Transferees to pay
December 2022 late charges and interest for late payment of MIP in
December for RMF HECMs.
Contact: Graham Mayfield, Acting Director, Office of Single
Family Asset Management, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 9172, Washington,
DC 20410, telephone (202) 768-2838 or [email protected].
Regulation: 24 CFR 214.300(a)(3).
Project/Activity: The renewal of this partial waiver continues
to provide temporary removal of the requirement that housing
counseling agencies participating in HUD's Housing Counseling
Program provide in-person housing counseling services to clients
that prefer this format, but still allow housing counseling agencies
to utilize alternative methods of providing counseling to clients.
The renewal of this partial waiver will be in effect through
December 31, 2023.
Nature of Requirement: 24 CFR 214.3009(a)(3) requires that all
agencies participating in HUD's Housing Counseling Program that
provide services directly to clients must provide in person
counseling to clients that prefer this format.
Granted By: Julia Gordon, Assistant Secretary for Housing/
Federal Housing Commissioner.
Date Granted: March 8, 2023.
Reason Waived: The renewal of this partial waiver is required
because the Department recognizes that there continues to be a
demand for housing counseling services but clients and counselors
may remain hesitant to provide in-person counseling as a result of
continued concerns related to COVID-19, Respiratory Syncytial Virus
(RSV), and increasing rates of seasonal influenza. This renewal of
this partial waiver allows participating agencies to provide
continuous services in a format other than in-person without
violating the requirements of 24 CFR 214.300(a)(3).
Contact: David Valdez, Office of Housing Counseling, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 550, Washington, DC 20410, telephone (713) 718-3178.
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 5.801(d)(1) and 24 CFR 902.62.
Project/Activity: Housing Authority of the City of Frederick
(MD003).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end FYE March 31, 2022, in accordance with the Single Audit Act
and OMB Circular A-133.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The Housing Authority of the City of Frederick
provided the requested financial information to its auditor in
preparation for its audit. However, on November 2, 2022, the audit
firm notified the Housing Authority (HA) it could not begin
[[Page 71449]]
the audit until mid-December due to previous extensions of audit due
dates during the COVID-19 pandemic. The HA believes this is not
adequate time to complete its audit by the December 31, 2022, due
date. Pursuant to 24 CFR 5.110, the request to extend the submission
due date and waive 24 CFR 5.801(d)(1) and 24 CFR 902.62 (a)(3) is
approved, as the reason provided is considered good cause for a
waiver. Therefore, the HA is granted an additional ninety days from
the due date of December 31, 2022. The HA has until March 31, 2023,
to complete and submit its FYE March 31, 2022, audited financial
information to the Department without receiving an LPF.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 902.33 and 24 CFR 902.64.
Project/Activity: Crisfield Housing Authority (MD009).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end FYE March 31, 2022, in accordance with the Single Audit Act
and OMB Circular A-133.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The HA contends it could not meet the reporting
deadline due to circumstances beyond its control. As a result of its
accountant's retirement at the end of March 2022, the HA's staff
needed help providing timely financial information to the auditor.
Due to the CARES Act extension, the FY2021 audit was extended, and
the HA and its auditor worked together to complete FY2021 and begin
FY22. Subsequently, the audit firm withdrew its engagement on July
18, 2022. The HA immediately contacted several firms to procure
audit services; however, with the COVID-19 pandemic and a
significant backlog, most auditors were unwilling to take on the
HA's FY21 and FY22 audits and complete them on time. The HA contends
it has found an audit firm to do the work but will need six months
to complete it. Under 24 CFR 5.110, there is good cause to waive the
reporting compliance deadlines under 24 CFR 902.33 and 24 CFR
902.64. The circumstance preventing the Agency from submitting its
audited financial information is acceptable. Therefore, Crisfield
Housing Authority is granted an additional six months from the
extended due date of December 31, 2022. The HA has until June 30,
2023, to complete and submit its FYE March 31, 2022, audited
financial information to the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.
Regulation: 24 CFR 905.300(b)(1).
Project/Activity: Woonsocket Housing Authority/ESSG.
Nature of Requirement: The Capital Fund Regulations at 24 CFR
905.300 require certain annual submissions by the public housing
authority (PHA). One of the requirements is the submission of the
CFP 5-Year Action Plan which describes the capital improvements to
be undertaken within the 5-year period. The 5-Year Action Plan
allows the Department of Housing and Urban Development (HUD) to
monitor the PHA's use of Capital Funds ensuring that Capital Funds
are not used for ineligible purposes and that the PHA is efficiently
using these funds.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: WHA received a Fiscal Year 2021 Emergency Safety
and Security grant (ESSG) for the purchase of security cameras. WHA
did not include security cameras in the CFP 5-Year Action Plan in
the Energy and Performance Information Center (EPIC). Consequently,
WHA was notified by HUD that the grant would be recaptured. WHA's
letter identified extenuating circumstance such as the termination
of the previous executive director, who executed the CFP grant
amendment but did not amend the 5-Year Action Plan. However, WHA
correctly completed the tasks required to obligate the grant
including signing and uploading the Annual Contributions Contract
Amendment to EPIC and, on August 18, 2022, the WHA Board of
Commissioners unanimously approved the award of the ESSG contract in
an amount not-to-exceed the approved grant amount of $244,188 to
Sentrillion, a responsive bidder in the best interest of the PHA.
Contact: David Fleischman, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-2071.
Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The Klamath Housing Authority (KHA) is
requesting a waiver of 24 CFR 982.161(a)(1), which requires a PHA
not to enter into any contract or arrangement in connection with the
HCV program in which any present or former member or officer of the
PHA has interest, direct or indirect.
Nature of Requirement: The regulation at 24 CFR 982.161(c), and
the HAP contract, allows the conflict of interest to be waived by
the Department of Housing and Urban Development (HUD) for good
cause.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Based on the circumstances of this request, HUD
finds that there is good cause to waive, and pursuant to 24 CFR
5.110, HUD hereby waives 24 CFR 982.161(a) to allow the KHA to
continue its existing HAP contract with Stephanie Hirche, for the
unit specified in your waiver request.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.
Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The waiver would allow AHA to enter into an
employment contract with Mr. Julio Guridy as Executive Director
within 12 months of his tenure as a member of the Board of
Directors.
Nature of Requirement: Public Housing conflict of interest
waiver requests are reviewed and considered under Section 19(A)(1)
of the ACC, which prohibits a Public Housing Agency (PHA) from
entering into a contract, subcontract, or arrangement in connection
with the administration of its Public Housing program where any
present or former member or officer of the governing body has an
interest, direct or indirect, during his or her tenure or for one
year thereafter.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 6, 2023.
Reason Waived: The Department has considered the information
provided in support of this request and determined that good cause
does exist to grant a waiver of Section 19(A)(1)(i) of the ACC and
CFR 982.161(a), based on AHA's search committee efforts and Mr.
Guridy's qualifications compared to the recommended candidates.
Contact: Erick Wood, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 708-0614.
Regulation: 24 CFR 982.161(a).
Project/Activity: The request states Patrick Patterson was
appointed to the Quorum Court as of January 1, 2021 and owns a
property located at 465 N Monroe St. that is currently occupied by
an HCV participant with a disability. The Quorum Court acts as Clay
County Housing Department's (CCHD) board of directors, and CCHD
seeks the waiver so that the HCV participant may continue to reside
in the unit owned by Patrick Patterson and avoid the hardship and
expense of moving. The request also notes the shortage of rental
units available in the Clay County Arkansas area due to its small
size (population 14,350) and rural location.
Nature of Requirement: Any public official, member of a
governing body, or State or local legislators, who exercises
functions or responsibilities with respect to the programs, may not
have any direct or indirect interest in the Housing Assistance
Payments (HAP) contract or in any benefits or payments under the
contract during tenure or one year thereafter.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 31, 2023.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.
Regulation: 24 CFR 982.161(a)(1).
[[Page 71450]]
Project/Activity: 24 CFR 982.161(a)(1), which states, in part,
that any present or former member or officer of the public housing
agency (PHA) (except a participant commissioner) may not have any
direct or indirect interest in the housing assistance program (HAP)
contract or in any benefits or payments under the contract during
tenure or one year thereafter. The regulation at 24 CFR 982.161(c),
and the HAP contract, allows the conflict of interest to be waived
by the Department of Housing and Urban Development (HUD) for good
cause.
Nature of Requirement: Under the tenant-based framework, such
individualized analysis is made possible because tenant-based HAP
contracts cover a single unit, occupied by a single family. This
programmatic characteristic also minimizes the potential impact a
conflict of interest may have on the program. Because Ms. Furneaux
holds a position as a board member, if the regulation is not waived,
Ms. Micknick would be required to move from the unit they have
resided in for the past five years in order to utilize HCV
assistance.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 13, 2023.
Reason Waived: Based on the circumstances of this request, HUD
finds that there is good cause to waive, and pursuant to 24 CFR
5.110, HUD hereby waives, 24 CFR 982.161(a), to allow WCHRA to enter
into a HAP contract with by Ms. Furneaux, on behalf of Ms. Micknick
for the unit specified in your waiver request. Ms. Furneaux must
continue to abstain themselves from all matters concerning the HAP
contract in question.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.
Regulation: 24 CFR 982.161(a) and 24 CFR 982.161(c).
Project/Activity: RPHA's request states that Daniel Pedri was
elected to the Rock Springs City Council, which acts as the RPHA's
board, and officially started the position on January 2, 2023. Mr.
Pedri is employed by Pedri Investments LLC which owns a property
that is currently occupied by an elderly and extremely low-income
HCV participant with a disability. Pedri Investments LLC is owned by
Daniel Pedri's father, also a ``covered individual''. Your agency
seeks the waiver so that the HCV participant may continue to reside
in the unit owned by Pedri Investments LLC and avoid the hardship
and expense of moving. The request also notes the shortage of rental
units available in the Rock Springs City, Wyoming area due to its
small size (population 23,036) and rural location.
Nature of Requirement: Housing Choice Voucher (HCV) regulations
at 24 CFR 982.161(a), which states, in part, that any public
official, member of a governing body, or State or local legislators,
who exercises functions or responsibilities with respect to the
programs, may not have any direct or indirect interest in the
Housing Assistance Payments (HAP) contract or in any benefits or
payments under the contract during tenure or one year thereafter.
The regulation at 24 CFR 982.161(c), and the HAP contract, allows
the conflict of interest to be waived by the Department of Housing
and Urban Development (HUD) for good cause.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: While it has been the Department's long-standing
position that the individual's intent to recuse himself or herself
from program determinations is not by itself good cause to waive the
conflict of interest provision, HUD has found good cause for this
waiver beyond Daniel Pedri's recusal due to the hardship on the
existing assisted tenant and the lack of available rental housing in
RPHA's jurisdiction. Nonetheless, the Department finds that Daniel
Pedri's recusal is an important safeguard to the integrity of
administration of the RPHA's HAP contracts, and an essential factor
in HUD's consideration of good cause.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.
Regulation: 24 CFR 982.207(b)(3) and 24 CFR 983.251(d).
Project/Activity: Housing Authority of Macon-Bibb County
(GA006--MHA) requests to waive 24 CFR 982.207(b)(3), which prohibits
preferences for persons with specific disabilities for the Housing
Choice Voucher (HCV) program, and 24 CFR 983.251(d), which prohibits
preferences for persons with specific disabilities for Project-Based
Voucher (PBV) assistance.
Nature of Requirement: Under a 2010 Settlement Agreement between
the U.S. Department of Justice (DOJ) and the State of Georgia,
Georgia must transition individuals living with serious and
persistent mental illness (SPMI) and developmental disabilities into
integrated, community-based settings while making voluntary
supportive services available to those individuals. To facilitate
continued compliance with the Settlement Agreement, MHA requests
extension of a waiver, most recently approved by HUD on March 9,
2020, that allows for MHA to establish alternate tenant selection
preferences. The extension approved the waiver for an additional
three years.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: HUD has determined that there is good cause to
waive program regulations of HCV and PBV tenant selection
preferences to provide an admissions preference for persons with
SPMI and developmental disabilities. HUD hereby waives 24 CFR
982.207(b)(3) and 24 CFR 983.251(d), pursuant to the waiver
authority provided to HUD at 24 CFR 5.110.
Contact: Emily Warren, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 708-0614.
Regulation: 24 CFR 982.503(c)(1), CFR 982.503(c)(2), 24
CFR.982.503(c)(3), 24 CFR 982.503(c)(4)(ii).
Project/Activity: The PHA stated that the rents in the area have
dramatically increased in certain areas and are expected to continue
an upward trajectory. Additionally, the PHA is participating in the
Housing Choice Voucher (HCV) Mobility Demonstration, which requires
that participating PHAs adopt adequate payment standards in
opportunity areas. This request updates a previously approved
request from March 2022 with updated data and revised payment
standards. The MDHA has determined that even at 110 percent of the
fair market rent (FMR), payment standards are not adequate, or high
enough, in opportunity areas.
Nature of Requirement: 24 CFR.982.503(c)(3), which is for
payment standards above 120 percent of the FMR. While the MDHA also
requested a waiver of CFR 982.503(c)(2) for payment standards
between 110 percent and 120 percent of the FMR, HUD has determined
that this waiver is not necessary as all the requested exception
payment standards under this request exceed 120 percent of FMR.
Finally, the MDHA also requests a waiver of 24 CFR 982.503(c)(4)(ii)
which requires that the PHA have previously adopted an exception
payment standard for six months prior. HUD has also determined that
this waiver is not necessary, since it has been more than six months
since HUD approved, and the MDHA adopted, the previous exception
payment standards request in March of 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: In order to achieve the goals of the Community
Choice Demonstration, and to provide access to low-poverty
neighborhoods for families in their voucher program, the MDHA needs
to establish exception payment standards over 120 percent of the
FMR, where justified by statistically representative housing survey
data. Therefore, HUD has determined that there is good cause to
waive 24 CFR 982.503(c)(3). Pursuant to the waiver authority
provided at 24 CFR 5.110, I hereby waive 24 CFR 982.503(c)(3). Since
the PHA has demonstrated they meet all of the regulatory
requirements at 24 CFR 982.503(c) for approval of an exception
payment standard above 120 percent of the FMR, HUD approves the
MDHA's request for an exception payment standard. The PHA may use
this exception payment standard in place of the FY23 published FMRs.
The PHA may submit a new exception payment standard request for
HUD's consideration for the FY24 FMRs.
Contact: Brendan Goodwin, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 708-0614.
Regulation: 24 CFR 982.517 and 24 CFR
983.301(f)(2)(ii)--Waiver Request for PBV Utility Allowance Setting.
[[Page 71451]]
Project/Activity: Pursuant to 24 CFR 5.110 and Notice PIH 2018-
16, the Hawaii Office of Housing and Community Development (OHCD)
has requested a waiver of these program regulations to establish a
site-specific utility allowance for Mohouli Senior Residences, Phase
3, where OHCD will have 92 PBV units.
Nature of Requirement: For the Department to consider such a
waiver, the public housing agency (PHA) should submit: (a) an
analysis of utility rates for the community; (b) an estimate of
energy consumption that will take place at the newly constructed
site; and (c) a proposed alternative methodology for calculating
utility allowances on an ongoing basis. The PHA should demonstrate
that the utility allowance provided under the HCV program would
either create an undue cost on families or discourage conservation
and efficient use of housing assistance payments (HAP).
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 23, 2023.
Reason Waived: The information submitted to HUD by OHCD supports
its request. The OHCD has submitted an analysis of utility rates for
the community and an estimate of the energy consumption that will
take place at the newly constructed site. Due to the energy
efficient systems being built at the Mohouli Senior Residences,
Phase 3, the community consumption estimates are significantly
higher than the consumption expected at the site. As such, the
standard HCV utility allowance would be excessive.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 983.51(b).
Project/Activity: The HACOO is seeking a HUD waiver to allow it
to non-competitively award Project-Based Vouchers (PBVs) to the
Marfa Housing Authority (MHA), a Public Housing-only PHA that was
previously approved by the HUD Special Applications Center (SAC) to
convert 74 public housing units to vouchers under a RAD/Section 18
blend transaction. The MHA plans to have all 74 vouchers to be
administered as project-based by the HACOO, which the HUD San
Antonio Office of Public Housing previously approved
Nature of Requirement: Requires a public housing agency (PHA) to
award project-based vouchers (PBVs) through a competitive process or
based on a previous competition. The request, dated November 23,
2022, seeks a waiver so that the HACOO can non-competitively award
PBVs to the Marfa Housing Authority (MHA).
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 17, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, and considering the good cause presented due to HACOO's
representations regarding the limited availability of affordable
housing stock in the City of Marfa, HUD hereby waives 24 CFR
983.51(b) so that HACOO may select Public Housing Development
TX318000001 for an award PBVs without following a competitive
process.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.
Regulation: 24 CFR 983.51 (b)(2).
Project/Activity: LACDA is requesting a waiver of the federal
regulation at 24 CFR 983.51 (b)(2) to allow the LACDA to continue
committing Project-Based Veterans Affairs Supportive (VASH) vouchers
noncompetitively to the U.S. Department of Veterans Affairs (VA)
Campus development by accepting the Enhanced-Use Lease award by the
VA as a valid prior competition without expiration.
Nature of Requirement: This regulation states that the Public
Housing Authority (PHA) may select, without competition, a proposal
for housing assisted under a federal, state, or local government
housing assistance, community development, or supportive services
program that required competitive selection of proposals (e.g.,
HOME, and units for which competitively awarded low-income housing
tax credits (LIHTCs) have been provided), where the proposal has
been selected in accordance with such program's competitive
selection requirements within 3 years of the Project-Based Vouchers
(PBV) proposal selection date, and the earlier competitively
selected housing assistance proposal did not involve any
consideration that the project would receive PBV assistance.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, HUD has determined that there is good cause to waive, and
HUD hereby waives, 24 CFR 983.51(b)(2) to allow the LACDA to
continue committing Project-Based VASH vouchers noncompetitively to
the VA Campus development by considering the Enhanced-Use Lease
award by the VA as a valid prior competition through the end of
calendar year 2023.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 983.51(b).
Project/Activity: The District of Columbia Housing Authority
(DCHA) selection of Friendship Terrace for project-based voucher
(PBV) assistance without undergoing a competitive process or based
on a previous competition.
Nature of Requirement: The regulation at 24 CFR 983.51(b)
provides that the public housing agency (PHA) must select PBV
proposals either through a competitive process or based on a
competition for other assistance the project is receiving, provided
the project was competitively selected for that other assistance
within 3 years of the PBV proposal selection date and the
competitively selected housing assistance proposal did not involve
any consideration that the project would receive PBV assistance in
the future.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 27, 2023.
Reason Waived: The DCHA received an allocation of 140 enhanced
vouchers as the result of a HUD Multifamily Housing conversion
action under section 536 of the Preserving Affordable Housing for
Senior Citizens and Families into the 21st Century Act (Pub. L. 106-
74). Section 536 provides that any project that receives or has
received assistance under the Flexible Subsidy Program and is the
subject of a transaction under which the project is preserved as
affordable housing (as determined by HUD) shall be considered
eligible low-income housing under section 229 of the Low-Income
Housing Preservation and Resident Homeownership Act of 1990
(LIHPRHA) for tenant-based enhanced voucher rental assistance. The
owner and the DCHA are seeking to convert the tenant-based
assistance to PBV assistance pursuant to Notice PIH 2013-27, under
which families have voluntarily agreed to relinquish their enhanced
voucher assistance for PBV assistance. The requested waiver is
critical to preserving affordable housing in the Tenleytown
neighborhood of Northwest Washington, DC, which has limited
affordable housing. Without approval of this waiver request, the
project will not be able to close, putting this much-needed
affordable housing resource at-risk. Allowing the DCHA to select
Friendship Terrace ensures that the transaction to preserve the
property as affordable housing will be realized and this property
will remain an affordable housing resource in the community.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 983.53(d), 983.152(c), and
983.153(c).
Project/Activity: DHCD is seeking approval from HUD on behalf of
its developer, Covenant Commonwealth Corporation (CCC), to permit
CCC to proceed with necessary environmental remediation, demolition,
and relocation work prior to entering into an Agreement to enter
into a Housing Assistance Payment Contract (AHAP).
Nature of Requirement: As stated in the request, DHCD began a
planning process to redevelop a public housing development located
at 1185 River Street, 1191-1203 River Street, and 12 Central Avenue
located in Boston, Massachusetts in the Hyde Park section of Boston
over a period of time. To avoid the long-term displacement of
impacted residents, the public housing units on site are scheduled
to be demolished in phases. The developer is set to commence the
development of 63 units, including eight that DHCD intends to cover
by a PBV contract.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
[[Page 71452]]
Date Granted: March 1, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110 and considering the good cause presented, HUD hereby
waives 24 CFR 983.53(d), 983.152(c), and 983.153(c) permitting CCC
to begin the demolition remediation activities specified in the
demolition services agreement, prior to entering an AHAP with DCHD.
However, even with the granting of this waiver request, until an
AHAP is executed with DHCD, no work beyond what has been identified
in this request may be performed; and all activities must be
performed in compliance with the same Federal requirements that
would apply if an AHAP were in place, including Davis-Bacon
prevailing wage requirements.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 983.53(d) 983.152(c), and
983.153(c).
Project/Activity: FCRHA is seeking approval from the Department
of Housing and Urban Development (HUD) on behalf of its developer,
Arlington Partnership for Affordable Housing (APAH), to permit APAH
to proceed with necessary environmental remediation, demolition, and
utility relocation work prior to entering into an AHAP.
Nature of Requirement: 24 CFR 983.53(d) 983.152(c), and
983.153(c), which prohibit a public housing agency (PHA) from
executing an Agreement to Enter into a Housing Assistance Payment
(AHAP) contract and attaching Project-Based Voucher (PBV) assistance
to units if construction or rehabilitation has commenced after
proposal submission.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 15, 2023.
Reason Waived: Due to the scale and schedule for this early
utility work, the FCRHA is requesting a good cause waiver of the
regulations at Sec. Sec. 983.53(d) 24 CFR 983.152(c) and
983.153(c) that will allow APAH to commence the utility relocation
work after completion of the Environmental Review, but before
completion of the Subsidy Layering Review (SLR) and execution of the
AHAP. Allowing the utility relocation work to proceed before the
AHAP is executed will allow for the completion of the new housing
faster and before changes in the economy could render the phases
unfinanceable, therefore prolonging the lack of affordable housing
units within the community.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 983.205(b).
Project/Activity: The context for THA's waiver request is a
redevelopment effort involving the acquisition and renovation of an
existing PBV project that will include a Rental Assistance
Demonstration (RAD) PBV conversion of 96 public housing units. THA
is requesting a waiver to allow a 20-year contract extension to be
executed for the Belmont Phase III PBV HAP contract earlier than the
regulations provide.
Nature of Requirement: This regulation states that extensions
after the initial extension are allowed at the end of any extension
term provided that, not more than 24 months prior to the expiration
of the previous extension contract, the public housing agency (PHA)
agrees to extend the term. The extension must be appropriate to
continue to provide affordable housing for low-income families or to
expand housing opportunities.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: Consistent with PIH Notice 2017-21, THA could
extend this contract until February 1, 2036, without any waiver.
Please see Attachment G, Scenario 3 of the Notice. However, for a
20-year extension (which will run from February 2026 until February
2046) to be entered into prior to February 1, 2024, a waiver of 24
CFR 983.205(b) is required. The owners of Belmont Heights Phase III
need this waiver because they are working with a lender and investor
to refinance the development using tax-exempt bonds and Low-Income
Housing Tax Credits. The refinancing is necessary to address
physical needs at the property and to preserve long-term
affordability. Ultimately, the waiver will facilitate the renovation
and development of this important project.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.
Regulation: 24 CFR 985.101(a).
Project/Activity: FHA has been understaffed due to COVID-19 and
recently hired a new Executive Director. FHA notes that these issues
will impact its ability to compile the necessary data required to
complete its SEMAP submission timely. Therefore the FHA needs an
extension to allow time to collect the necessary data.
Nature of Requirement: This regulation states that a public
housing agency (PHA) must submit the Department of Housing and Urban
Development (HUD) required SEMAP certification form within 60
calendar days after the end of its fiscal year. The PHA's fiscal
year ended on September 30, 2022; the SEMAP certification was due on
or before November 29, 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Due to these circumstances, HUD has determined,
pursuant to the waiver authority provided at 24 CFR 5.110, that
there is good cause to waive, and HUD hereby waives, 24 CFR
985.101(a) to permit the FHA to submit its SEMAP certification after
the deadline for its fiscal year ending September 30, 2022.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-6051.
Regulation: 24 CFR 985.101(a).
Project/Activity: The Housing Authority of the City of Perth
Amboy requesting a waiver of the requirements of 24 CFR 985.101(a),
requiring the SEMAP certification to be submitted within 60 calendar
days after the end of their fiscal year, along with their
justification for ``good cause''.
Nature of Requirement: Title 24 CFR 985.101(a) states that a
public housing agency (PHA) must submit the Department of Housing
and Urban Development (HUD) required Section Eight Management
Assessment Program (SEMAP) certification form within 60 calendar
days after the end of its fiscal year. The PAHA's fiscal year ends
on March 31, 2022, and its SEMAP certification was due on or before
May 30, 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, that there is good cause to waive, HUD waives 24 CFR
985.101(a) to permit the PAHA to submit its SEMAP certification
after the deadline for its fiscal year ending March 31, 2022.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-6051.
Regulation: 24 CFR 985.101(a) and 24 CFR 985.105(a)(1).
Project/Activity: The regulations at CFR 985.101(a) provide that
a public housing agency (PHA) must submit the Department of Housing
and Urban Development (HUD) required Section Eight Management
Assessment Program (SEMAP) certification form within 60 calendar
days after the end of its fiscal year. The regulations at 24 CFR
985.105(a)(1) provide that HUD shall assess each PHA's performance
under SEMAP annually and shall assign each PHA a SEMAP score and
overall performance rating.
Nature of Requirement: The UCHA waiver request states that the
disruption of COVID-19 and the impact that it had specifically on
the agency justifies this waiver. UCHA states that completing
inspections and briefings were difficult because of the COVID-19
pandemic. UCHA closed several times (for two weeks each occasion)
during the pandemic, in addition to experiencing staff turnovers.
The Executive Director retired in early 2021, due to his declining
health, the inspector left in April 2022, and the Section Eight
Program Director left without notice in September 2022. The UCHA is
in rural Oregon and has struggled to recruit staff in general,
especially experienced individuals. The UCHA received an overall
rating score as High performer on its prior SEMAP certifications in
2019, Standard in 2018, and High in 2017.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
[[Page 71453]]
Date Granted: March 15, 2023.
Reason Waived: Therefore, HUD has determined, pursuant to the
waiver authority provided at 24 CFR 5.110, that there is good cause
to waive, and I hereby waive, 24 CFR 985.101(a) to permit UCHA to
submit its SEMAP certification after the deadline for its fiscal
year ending December 31, 2022. The new submission deadline is May 1,
2023.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
202-402-6051.
Regulation: 24 CFR 990.145(b) Public housing dwelling
units with approved vacancies.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
City of Daytona Beach...................................... 2/7/2023
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 5.801 Uniform Financial Reporting.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of San Juan................................... 1/5/2023
Municipality of Salinas.................................... 1/24/2023
Municipality of Hormigueros................................ 1/24/2023
City of Daytona Beach...................................... 2/7/2023
Lee County Housing Authority............................... 2/7/2023
Municipality of Gurabo..................................... 2/16/2023
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 902 Public Housing Assessment.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
City of Daytona Beach...................................... 2/7/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.322(b) Fiscal Closeout.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Hormigueros................................ 1/24/2023
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314(b)-(c) (Cost and Other
Limitations; Maximum Project Cost; TDC Limit).
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314(j) (Cost and Other
Limitations; Types of Labor).
Project/Activity: FR-6301-N-01 Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public Housing
Agencies to Assist with Recovery and Relief Efforts on
[[Page 71454]]
Behalf of Families Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410-5000, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.400(i)(5) Capital Fund Formula
Need for Projects with Demo or Dispo.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh St. SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Regulation: 24 CFR 960.202(c)(1) Tenant Selection
Policies.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Hormigueros................................ 1/24/2023
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of San Juan................................... 1/5/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.206(a)(2) Waiting List; Opening
and Closing; Public Notice.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of Cidra...................................... 1/5/2023
Municipality of Caguas..................................... 1/5/2023
Municipality of Mayaguez................................... 1/5/2023
Municipality of Guaynabo................................... 1/5/2023
Municipality of Humacao.................................... 1/24/2023
Municipality of Gurabo..................................... 2/16/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(c) (HUD approval of
exception payment standard amount).
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh St. SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of Caguas..................................... 1/5/2023
Municipality of Mayaguez................................... 1/5/2023
Municipality of Guaynabo................................... 1/5/2023
Municipality of Ponce...................................... 1/5/2023
Municipality of San Juan................................... 1/5/2023
Municipality of Carolina................................... 1/5/2023
Municipality of Bayamon.................................... 1/5/2023
City of Daytona Beach...................................... 2/7/2023
Municipality of Trujillo Alto.............................. 1/24/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.401(d) Housing Quality
Standards; Space and Security.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
[[Page 71455]]
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Hormigueros................................ 1/24/2023
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of San Juan................................... 1/5/2023
Municipality of Humacao.................................... 1/24/2023
Municipality of Gurabo..................................... 2/16/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.633(a) Occupancy of Home.
Project/Activity: FR-6301-N-01 Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public Housing
Agencies to Assist with Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of Gurabo..................................... 2/16/2023
Municipality of Humacao.................................... 1/24/2023
Municipality of San Juan................................... 1/5/2023
------------------------------------------------------------------------
Regulation: 24 CFR 984.303(d) Contract of
Participation: Contract Extension.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of San Juan................................... 1/5/2023
Municipality of Carolina................................... 1/5/2023
------------------------------------------------------------------------
Regulation: 24 CFR 985 (SEMAP).
Project/Activity: FR-6301-N-01 Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public Housing
Agencies to Assist with Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Hormigueros................................ 1/24/2023
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of Cidra...................................... 1/5/2023
Municipality of Caguas..................................... 1/5/2023
Municipality of Mayaguez................................... 1/5/2023
Municipality of Guaynabo................................... 1/5/2023
Municipality of Humacao.................................... 1/24/2023
Municipality of Ponce...................................... 1/5/2023
Municipality of San Juan................................... 1/5/2023
Municipality of Carolina................................... 1/5/2023
Municipality of Salinas.................................... 1/24/2023
Municipality of Adjuntas................................... 1/30/2023
City of Daytona Beach...................................... 2/7/2023
Municipality of Gurabo..................................... 2/16/2023
------------------------------------------------------------------------
Regulation: Notice PIH 2018-24, Section 8(c)
Verification of Social Security Notice (SSN).
Project/Activity: FR-6301-N-01 Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public Housing
Agencies to Assist with Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of Cayey...................................... 1/24/2023
Puerto Rico PHA............................................ 1/13/2023
Municipality of Guaynabo................................... 1/5/2023
Municipality of Humacao.................................... 1/24/2023
Municipality of San Juan................................... 1/5/2023
Municipality of Bayamon.................................... 1/5/2023
Municipality of Gurabo..................................... 2/16/2023
City of Daytona Beach...................................... 2/7/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b)(1)(ii) Specific Criteria
for HUD Approval of Demo Request.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
[[Page 71456]]
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Puerto Rico PHA............................................ 1/13/2023
City of Daytona Beach...................................... 2/7/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b)(2) Specific Criteria for
HUD Approval of Demo Request.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------
Extended Streamlined Waivers/Regulation 1
Regulation: 24 CFR 982.505(c)(4) Increase in Payment
Standard During Housing Assistance Payment (HAP) Contract Term.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: PHAs may request an extension of 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.
Reason Waived: Extension for PHAs that 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 for Public
and Indian Housing.
Date Granted: First Quarter of 2023.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
PHAs Date
------------------------------------------------------------------------
Hope Housing Authority.................................. 3/8/2023
Polk County Housing Authority........................... 2/7/2023
Paragould Housing Authority............................. 3/21/2023
White River Regional Housing Authority.................. 2/2/2023
County of Monterey Hsg Auth............................. 2/17/2023
Center Housing Authority................................ 2/17/2023
Boulder County Housing Authority........................ 3/31/2023
County of Hawaii........................................ 3/1/2023
City of Sioux City Housing Authority.................... 1/25/2023
Moline Housing Authority................................ 3/21/2023
Fulton County Housing Authority......................... 1/25/2023
Indianapolis Housing Agency............................. 3/1/2023
Housing Authority of the City of Charlestown............ 3/21/2023
Housing Authority of the City of Crawfordsville......... 3/8/2023
Seymour Housing Authority............................... 2/2/2023
Housing Authority of the City of Noblesville............ 1/4/2023
Johnson County Housing Authority........................ 3/31/2023
Cumberland Valley Regional Housing Authority............ 1/4/2023
Housing Authority of East Baton Rouge................... 3/8/2023
West Springfield Housing Authority...................... 3/8/2023
Leominster Housing Authority............................ 1/25/2023
Wicomico County Housing Authority....................... 2/7/2023
Housing Authority of the Town of Easton................. 2/17/2023
Baltimore County, MD.................................... 1/4/2023
HRA of Duluth, Minnesota................................ 2/17/2023
Scotland County Public Hsg Agency....................... 1/25/2023
Phelps County Public Housing Agency..................... 2/17/2023
Housing Authority of the City of High Point............. 2/6/2023
Williamston Housing Authority........................... 1/17/2023
Scotts Bluff County Housing Authority................... 3/1/2023
West Central Nebraska Joint Housing Authority........... 3/31/2023
Housing Authority of the Township of Middleton.......... 3/16/2023
Lorain Metropolitan Housing Authority................... 2/2/2023
Oklahoma Housing Finance Agency......................... 2/2/2023
Reading Housing Authority............................... 2/2/2023
Clearfield County Housing Authority..................... 3/28/2023
Housing Authority Providence............................ 2/7/2023
Municipality of Patillas................................ 3/8/2023
Housing Authority of the City of Columbia............... 2/7/2023
Housing Authority of Fort Mill.......................... 3/31/2023
[[Page 71457]]
Vermillion Housing And Redevelopment Commission......... 3/31/2023
East Tennessee Human Resource Agency.................... 3/16/2023
Hampton Redevelopment & Housing Authority............... 1/25/2023
Va. Beach Dept. of Hsg & Neighborhood Pres.............. 3/1/2023
Housing Authority of Skagit County...................... 2/7/2023
Racine County Housing Authority......................... 3/8/2023
Kenosha Housing Authority............................... 3/28/2023
Sawyer County Housing Authority......................... 3/21/2023
Dodge County Housing Authority.......................... 3/28/2023
Charleston/Kanawha Housing Authority.................... 3/28/2023
Housing Authority of the City of Martinsburg............ 3/8/2023
Housing Authority of Raleigh County..................... 3/28/2023
------------------------------------------------------------------------
Extended Streamlined Waivers/Regulation 2
Regulation: 24 CFR 982.503(b) Voucher Tenancy: New
Payment Standard Amount.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: PHAs may request an extension of
expedited waiver(s) to allow for establishment of payment standards
from 111 to 120 percent of the FMR.
Reason Waived: Extension for PHAs that 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 for Public
and Indian Housing.
Date Granted: First Quarter of 2023.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410-5000, or email to
[email protected].
------------------------------------------------------------------------
PHAs Date
------------------------------------------------------------------------
HA Midland City......................................... 2/17/2023
Hope Housing Authority.................................. 3/8/2023
Polk County Housing Authority........................... 2/7/2023
Paragould Housing Authority............................. 3/21/2023
White River Regional Housing Authority.................. 2/2/2023
Pulaski County Housing Agency........................... 3/21/2023
Center Housing Authority................................ 2/17/2023
Housing Authority of the City of Miami Beach............ 2/2/2023
County of Hawaii........................................ 3/1/2023
County of Maui.......................................... 3/8/2023
Indianapolis Housing Agency............................. 3/1/2023
Housing Authority of the City of Crawfordsville......... 3/8/2023
Seymour Housing Authority............................... 2/2/2023
South Central KS Area Agency on Aging (Cowley Co.)...... 3/16/2023
Housing Authority of Newport............................ 3/8/2023
Cumberland Valley Regional Housing Authority............ 1/4/2023
Housing Authority of East Baton Rouge................... 3/8/2023
West Springfield Housing Authority...................... 3/8/2023
Wicomico County Housing Authority....................... 2/7/2023
Housing Authority of the Town of Easton................. 2/17/2023
Baltimore County, MD.................................... 1/4/2023
Phelps County Public Housing Agency..................... 2/17/2023
Whitefish Housing Authority............................. 2/17/2023
Housing Authority of the City of High Point............. 2/6/2023
Williamston Housing Authority........................... 1/17/2023
Scotts Bluff County Housing Authority................... 3/1/2023
Housing Authority of the Township of Middleton.......... 3/16/2023
Cortland Housing Authority.............................. 3/16/2023
Hudson Housing Authority................................ 2/17/2023
Village of New Hartford................................. 3/21/2023
Lorain Metropolitan Housing Authority................... 2/2/2023
Erie Metropolitan Housing Authority..................... 1/17/2023
Hocking Metropolitan Housing Authority.................. 2/2/2023
Emerald Development and Economic Network................ 3/31/2023
Oklahoma Housing Finance Agency......................... 2/2/2023
Reading Housing Authority............................... 2/2/2023
Clearfield County Housing Authority..................... 3/28/2023
Housing Authority Providence............................ 3/21/2023
Municipality of Patillas................................ 3/8/2023
Housing Authority of the City of Columbia............... 2/7/2023
Vermillion Housing And Redevelopment Commission......... 3/31/2023
Murfreesboro Housing Authority.......................... 3/21/2023
East Tennessee Human Resource Agency.................... 3/16/2023
Housing Authority of Odessa............................. 3/8/2023
[[Page 71458]]
Panhandle Community Services............................ 2/7/2023
Housing Authority of the City of Ogden.................. 2/7/2023
Trempealeau County Housing Authority.................... 3/16/2023
Racine County Housing Authority......................... 3/8/2023
CDA of the City of West Allis........................... 3/28/2023
Janesville Neighborhood Services........................ 3/16/2023
Sawyer County Housing Authority......................... 3/21/2023
Dodge County Housing Authority.......................... 3/28/2023
Wisconsin Housing & Economic Development Authority...... 3/8/2023
Charleston/Kanawha Housing Authority.................... 3/16/2023
Housing Authority of the City of Martinsburg............ 3/8/2023
Clarksburg/Harrison Housing Authority................... 2/17/2023
Housing Authority of Raleigh County..................... 1/17/2023
------------------------------------------------------------------------
[FR Doc. 2023-22603 Filed 10-13-23; 8:45 am]
BILLING CODE 4210-67-P
