Regulatory Waivers and Administrative Flexibilities During a Presidentially Declared Disaster, for Public Housing Agencies During CY 2024 and CY 2025, 7612-7617 [2024-02094]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Rules and Regulations]
[Pages 7612-7617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02094]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5 and Chapter IX

[Docket No. FR-6438-N-01]


Regulatory Waivers and Administrative Flexibilities During a 
Presidentially Declared Disaster, for Public Housing Agencies During CY 
2024 and CY 2025

AGENCY: Office of Assistant Secretary for Public and Indian Housing, 
U.S. Department of Housing and Urban Development (HUD).

ACTION: Notification of waivers.

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SUMMARY: This document advises Public Housing Agencies (PHAs) and the 
public that HUD is establishing an expedited waiver process for 
requests to waive HUD regulatory and/or administrative requirements 
(``HUD requirements'') for PHAs during Presidentially Declared 
Disasters (PDDs). PHAs located in areas that are included in PDD areas 
(PDD PHAs) may request waivers of certain HUD Public Housing and 
section 8 requirements and receive expedited review of such requests to 
utilize the administrative flexibilities and expedited waiver process 
set forth in this document.

DATES: Waivers and administrative flexibilities set forth in this 
document are effective from January 1, 2024, until December 31, 2025.

FOR FURTHER INFORMATION CONTACT: Tesia Anyanaso, Office of Field 
Operations, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street SW, Room 3180, Washington, DC 
20410-5000, or email [email protected] or call (202) 402-7026 
during business hours. HUD welcomes and is prepared to receive calls 
from individuals who are deaf or hard of hearing, as well as 
individuals with speech and 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.

SUPPLEMENTARY INFORMATION: HUD is exercising its discretionary 
authority from 24 CFR 5.110 (Waivers) and is providing regulatory 
flexibility to PDD PHAs described in this document. Upon receipt of a 
PDD PHA waiver or flexibility request, HUD will review and may approve 
the submission. The request must include documentation of good cause 
for each waiver or flexibility request. HUD may consider extensions 
subject to statutory limitations and pursuant to 24 CFR 5.110, to 
facilitate a PDD PHA's ability to participate in disaster relief and 
recovery efforts.
    Waivers of essential program requirements, such as property 
inspection or income verification, will not be granted in their 
entirety, although modifications may be considered. HUD's ability to 
grant waivers or approve alternative requirements is limited, as HUD 
does not have the authority to waive statutory requirements.

I. Instructions for PDD PHAs--How To Request an Expedited Waiver or 
Administrative Flexibility

    A PDD PHA seeking a waiver or flexibility of a HUD requirement 
listed within this document, or any other HUD requirement needed to 
assist in disaster relief and recovery efforts, must submit a written 
request. HUD will not approve a PDD PHA's request to waive or be 
granted a flexibility for fair housing, civil rights, labor standards, 
or HUD's environmental review requirements.
    Waiver requests approved by HUD pursuant to this document will be 
published in the Federal Register and will identify the PDD PHAs 
receiving such approvals, pursuant to section 106 of the Department of 
Housing and Urban Development Reform Act of 1989. The process that HUD 
will use in assessing applications for waivers and administrative 
flexibilities is explained below.
    HUD developed a checklist (Attachment A at the end of this 
document) that a PDD PHA must complete and submit to request expedited 
review of waivers identified in this document. Each request must 
include a good-cause justification explaining the need for the waiver 
related to the PHA's disaster relief and recovery efforts. The PDD PHA 
must await HUD's response affirming waiver approval before implementing 
any requested waiver. Waivers will be granted for a period of up to 12 
months following approval, unless otherwise specified.
    Waivers are divided into two tiers: tier 1, waivers that are 
estimated to be approved within 30 days; and tier 2, waivers that are 
estimated to be approved within 60 days. The Office of Public and 
Indian Housing (PIH) will prioritize waiver request(s) based upon the 
designated tier.

II. List of Waivers and Administrative Flexibilities

    Tier 1: Immediate Need. This tier includes waivers and 
administrative flexibilities needed for crisis management operations 
during the immediate aftermath of a PDD. These requests will be 
prioritized by HUD and

[[Page 7613]]

be approved with the quickest turnaround time estimated at 30 days.
    Waivers applicable to both Public Housing (PH) and Housing Choice 
Voucher (HCV) programs:

A. 24 CFR 982.201(e) and 960.259(a) and (c)(1): Verification of Date of 
Birth and Disability Status

    HUD may waive 24 CFR 982.201(e) and 960.259(a) and (c)(1) as it 
relates to verifying a family member's disability status and/or date of 
birth at the time of admission; and the impact that determination has 
on the family's eligible expenses and deductions.
    If this waiver is approved, as an alternative requirement, a PHA 
may accept self-certification for families impacted by a PDD. If the 
family is unable to provide third-party verification of disability and/
or date of birth for one of its members, because of loss of documents, 
or lack of access to documents, then the applicable family member must 
certify to date of birth and disability status. The PHA must verify the 
disability status and/or date of birth within 90 days after admission 
(30 days longer than the standard 60 days).
    Self-certification of date of birth and disability status cannot be 
utilized when it is related to the eligibility for a particular special 
purpose voucher (e.g., Mainstream).

B. 24 CFR 984.303(d): Family Self Sufficiency (FSS) Contract of 
Participation, Contract Extension

    Section 984.303(d) authorizes a PHA to extend a family's contract 
of participation for a period not to exceed two years in the FSS 
Program, for any family that requests it. HUD may consider a request 
from a PDD PHA that wishes to extend contracts for up to 3 years (one 
additional year) if such extensions are justified during PDDs.

C. 24 CFR 982.201(e) and 960.259(a)(1) and (2) and (c): Eligibility 
Determination, Income Verification

    PHAs are required to verify a family's income eligibility within 60 
days prior to voucher issuance for the tenant-based voucher program and 
prior to admission for the project-based voucher and public housing 
programs. PIH Notice 2023-27 provides the verification hierarchy under 
which PHAs are responsible for obtaining third party verification of 
reported family annual income, and PHAs must demonstrate efforts to 
obtain third party verification prior to accepting self-certification 
except in instances when self-certification is explicitly allowed. This 
waiver would apply only to families lacking necessary income 
documentation due to being impacted by the PDD. If the waiver is 
approved, the following alternative requirements will apply:
    1. For any applicant family impacted by the PDD, the PHA must first 
request third-party documentation from the family.
    2. If the family is unable to provide third-party documentation at 
the time of the request, the PHA may immediately allow self-
certification. The PHA is not required to first attempt to obtain the 
documentation from the third-party source of income before proceeding 
immediately to the family self-certification if the family does not 
have third party documents available to verify the family's income, 
notwithstanding the requirement under PIH Notice 2023-27 that PHAs must 
demonstrate efforts to obtain third party verification prior to 
accepting self-certification.
    3. Applicants must submit a self-certification declaration of 
income, assets, expenses, and other factors that would otherwise affect 
an income eligibility determination.
    4. If the family is unable to provide third-party verification, for 
the tenant-based HCV program the PHA must receive information verifying 
that the family is eligible within the period of 60 days after the PHA 
enters a Housing Assistance Payment (HAP) contract on behalf of the 
family, assuming the PHA has received self-certification of income from 
the applicant no later than 60 days prior to voucher issuance. For the 
Public Housing and Project Based Voucher (PBV) programs, the PHA must 
receive information verifying that the family is eligible within the 
period of 60 days following admission or commencement of PBV 
assistance, respectively.
    5. The adoption of this waiver does not authorize any ineligible 
family to receive assistance under these programs or relieve the PHA of 
its responsibilities to correct any overpayments or underpayments of 
subsidy. The PHA must take steps to identify and resolve any income 
discrepancies, including updating the family's income retroactive to 
the New Admission (action code 1) HUD-50058 and correcting any 
overpayments or underpayments. If the PHA later determines that an 
ineligible family received assistance, it must take steps to terminate 
that family from the program.

D. 24 CFR 982.206(a)(2) and 960.206: Waiting List Opening and Closing, 
Public Notice

    HUD may approve an alternative requirement that the PDD PHA may 
provide public notice in a voicemail message on its main or general 
information telephone number and through its website (if such a PHA 
website is available).
    PHAs must comply with applicable fair housing and other civil 
rights requirements when they provide public notice. For example, a PDD 
PHA that chooses to provide public notice at its offices must consider 
the impact on persons with disabilities, who may have difficulty 
visiting the office in-person. Similarly, a PDD PHA that chooses to 
provide public notice via voice-mail message must consider how it will 
reach persons with hearing impairments and persons with limited English 
proficiency. HUD maintains the requirement that a PDD PHA must also 
provide the public notice in minority media. Any notice must comply 
with HUD fair housing requirements.

E. PIH Notice 2011-65: Timely Reporting Requirements of the Family 
Report (Form HUD-50058)

    PHAs must submit family reports no later than 60 calendar days from 
the effective date of any action recorded on line 2b of the form HUD-
50058 (or form HUD-50058 MTW). During a PDD, HUD may approve an 
alternative requirement allowing PHAs to extend this term and submit 
within 90 days.

F. 24 CFR 982.516(a)(2) and (3): Family Income and Composition, Annual, 
and Interim Examinations for HCV and PBV; 24 CFR 960.259(c): Family 
Information and Verification for PH and PIH Notice 2023-27

    The PHA is required to obtain and document in the tenant file 
third-party verification or must document in the tenant file because 
third party verification was not available. HUD may waive the 
requirements to use the income verification hierarchy for families 
impacted by a PDD. If approved, a PHA can forgo third-party income 
verification requirements for Annual Reexaminations and Interim 
Reexaminations and the PHA may consider self-certification as the 
highest form of income verification to process Annual and Interim 
reexaminations during the allowable period of eligibility.
    Waivers for the Housing Choice Voucher program only:

G. 24 CFR 5.703(d)(5): National Standards for the Physical Inspection 
of Real Estate, Units

    HUD may consider a request from a PDD PHA to waive the requirement 
to have at least one bedroom or living/sleeping room for each two 
persons, to help house families displaced due to

[[Page 7614]]

PDDs. Should the waiver be granted, it will be in effect only for 
Housing Assistance Payment (HAP) contracts, or PBV leases entered 
during the rolling 12-month period following the date of HUD approval, 
and then only with the written consent of the family. HUD will not 
waive reasonable accommodation requirements. For any family occupying a 
unit pursuant to this waiver, the waiver will be in effect for the 
initial lease term.

H. 24 CFR 982.503(c): HUD Approval of Exception Payment Standard Amount

    Typically, a PHA must provide data about the local market, as well 
as other program related information, to substantiate the need for an 
exception payment standard. In a PDD, however, the typical data sources 
fail to capture conditions ``on the ground.'' In addition, the PHA is 
focused on meeting the immediate needs of displaced families, and HUD 
wants to limit the PHA's burden to provide additional documentation 
that may not be readily available.
    In these cases, a PHA must provide available data on pre-disaster 
HCV time to lease and success rates, its pre-disaster payment 
standards, the exception payment standard amounts being requested, and 
the need for the requested exception payment standard amounts. HUD will 
then consider the information provided by the PHA, along with the most 
recently available data on the rental market prior to the disaster--
which may include rents and vacancy rates--and compare it to data 
available immediately after a disaster which may include the number and 
share of rental units destroyed or seriously damaged, number of 
households displaced, and the amounts the Federal Emergency Management 
Agency (FEMA) or local government is providing for rent assistance to 
displaced disaster survivors. HUD will use this information to arrive 
at an emergency exception payment standard amount, which may be up to 
200 percent of the Fair Market Rent (FMR) or Small Area FMR, as 
applicable. For example, if a housing market with low vacancies and 
long search times for HCV tenants prior to a disaster, loses a 
substantial share of rental units due to the disaster, and FEMA or the 
local government is paying well above FMR for rent assistance, this 
could justify an exception payment standard set to match FEMA's rent 
assistance level.
    The exception payment standards will be effective on or after the 
date the exception payment standards are adopted by the PHA following 
HUD approval. The exception payment standards will remain in effect for 
up to 12 months. HUD may revisit and adjust the approved exception 
payment standard amounts based on reliable post-disaster rental data 
once it is available. PDD PHAs are reminded that increased per-family 
costs resulting from the use of exception payment standards may result 
in a reduction in the number of families assisted or may require other 
cost-saving measures for an PDD PHA to stay within its funding 
limitations.

I. 24 CFR 982.54(d)(2): Term of Voucher, Extension of Term

    The Department recognizes the urgency and the time required to 
update the Administrative Plan. Therefore, HUD may waive 24 CFR 
982.54(d)(2), allowing the PHA to establish the alternative voucher 
extension policy immediately before updating its Administrative Plan. 
As an alternative requirement, the PHA must notify families searching 
with a voucher of the new policy as soon as possible and update its 
Administrative Plan within six months of approval of this waiver.

J. 24 CFR 982.305(c): PHA Approval of Assisted Tenancy, When HAP 
Contract Is Executed

    When a PDD impacts an owner's ability to collect the documents, HUD 
may waive 24 CFR 982.305(c) and provide as an alternative requirement 
that the HAP contract must be executed no later than 120 calendar days 
(60 days longer than the standard regulation) from the beginning of the 
lease term. This waiver would remain in effect for up to six months 
following approval.

K. 24 CFR 982.633(a): Occupancy of Home

    HUD may consider a request from a PDD PHA wishing to waive the 
requirement that PHAs make HAP for homeownership assistance only while 
a family resides in their home and must stop HAP no later than the 
month after a family moves out, to allow families displaced from their 
homes located in areas affected by PDDs to comply with mortgage terms 
or make necessary repairs.
    A PHA requesting a waiver of this type must show good cause by 
demonstrating that the family is not already receiving assistance from 
another source. Note: In addition, a PDD PHA that wishes to request a 
waiver of the requirement at 24 CFR 982.312 that a family be terminated 
from the program if they have been absent from their home for 180 
consecutive calendar days must do so separately.

L. 24 CFR 982.54(a): Administrative Plan

    Recognizing difficulties in complying with the requirement that the 
PHA Board of Commissioners formally adopted revisions to the 
administrative plan during a PDD, HUD may waive the requirement to 
allow the PHA administrative plan to be revised on a temporary basis 
without Board approval for 120 days. Any informally adopted revisions 
under this waiver authority must be formally adopted within 120 days.
    Waiver requests will be limited to revisions that do not constitute 
a significant amendment or modification to the PHA or Moving to Work 
(MTW) plan; pursuant to section 5A(g) of the 1937 Act, HUD cannot waive 
the approval by the board or other authorized PHA officials if the 
proposed revision would constitute a significant amendment or 
modification to the PHA or MTW plan. Finally, HUD cannot waive any 
terms within a PHA's own plan or state law requiring the approval of 
the board or authorized PHA officials.

M. 24 CFR 982.405(b): Supervisory Quality Control Inspections

    This regulation requires the PHA to conduct supervisory quality 
control housing quality standards (HQS) inspections. This waiver would 
remove the requirement for PHAs to conduct such inspections for the 6-
month period following waiver approval.\1\
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    \1\ Although HCV regulations still cite HQS as a term, the 
citations point to the National Standards for the Physical 
Inspection of Real Estate (NSPIRE) final rule which was published on 
May 11, 2023 (88 FR 30442), consolidating HUD's inspection standards 
and procedures.
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N. 24 CFR 982.312: Absence From Unit

    This regulation requires that a family may not be absent from a 
unit for a period of more than 180 consecutive calendars days for any 
reason. Under this document, PDD PHAs may seek waiver approval to 
extend the period of absence from 180 days to 240 days and maintain 
documentation in the tenant file indicating unit is under a PDD which 
resulted in the extended absence.

O. 24 CFR 982.455, 983.258, and 983.211(a): Automatic Termination of 
HAP Contract or Required Removal of Unit From the PBV HAP

    During a PDD, families may experience economic and employment 
instability, resulting in loss of income in the immediate aftermath of 
a PDD. PHAs may request a waiver to extend the timeframe for automatic 
termination of the HAP contract or required removal of the unit from 
the PBV HAP contract,

[[Page 7615]]

from 180 days to 360 days following the last HAP payment to the owner, 
to preserve families' assistance for a longer period in case a family 
experiences a loss of income, and to allow the PHA time to process 
interim reexaminations for families who report a loss of income.

P. 24 CFR 982.517(c): Revisions of Utility Allowance Schedule

    PHAs must review their schedule of utility allowances each year and 
revise its allowance for a utility category if there has been a change 
of 10 percent or more in the utility rate since the last time the 
utility allowance schedule was revised.
    During a PDD, HUD may allow a PHA to delay reviewing and updating 
HCV utility allowances, for an additional 6 months beyond the normal 
12-month period.

Q. PIH Notice 2018-1, Section 9: Guidance on Small Area Fair Market 
Rent (SAFMR) and Payment Standard

    PHAs may request a suspension or temporary exemption from using 
SAFMRs. A PDD PHA can request a suspension or temporary exemption from 
the requirement to use SAFMRs, and HUD can provide such an extension, 
through this waiver process rather than following the requirements and 
process outlined in PIH Notice 2018-1, which would normally be 
required.

R. 24 CFR Part 985: Section 8 Management Assessment Program (SEMAP)

    For a PDD PHA that has a SEMAP score due during calendar year (CY) 
2024 or CY2025 HUD may consider a request to carry forward the last 
SEMAP score received by the PHA and forego HUD performing an assessment 
for CY2024 or CY2025, as applicable. If HUD grants this waiver, the 
PHA's next SEMAP assessment will occur at the time an assessment would 
normally have been required had the PHA received the same SEMAP score 
for CY2024 or CY2025, as applicable.
    Waivers for the Public Housing program only:

S. 24 CFR 965.302: Requirements for Energy Audits

    PHAs must complete an energy audit for each PHA-owned project at 
least once every five years. If the deadline for completing energy 
audit coincides with a PDD, this waiver would allow the PHA to delay 
the completion of their energy audit if a project has units with a HUD 
approved status of Disaster, in accordance with 24 CFR 990.145(b)(2).

T. 24 CFR 965.507: Review and Revision of Allowances

    PHAs must review, and update as necessary, utility allowances on an 
annual basis. During a PDD, HUD may allow a PHA to delay reviewing and 
updating public housing utility allowances, for an additional 6 months 
beyond the normal 12-month period.

U. 24 CFR 966.5: Posting of Policies, Rules, and Regulations

    PHAs are required by this regulation to provide 30-day notice to 
impacted families for changes to policies, rules, and special charges 
to families. As an alternative requirement, for the 6-month period 
following approval of this waiver, PHAs will not be required to provide 
such advance notice to families, except advance notice must be provided 
for any changes related to tenant charges.
    Tier 2 Waivers: Less Time Sensitive. Justification of these waivers 
depends on a PHA's reporting cycle or the timing of the PDD--it is not 
necessarily a flexibility needed for crisis management operations in 
the immediate aftermath of a disaster. Flexibility will be required as 
part of the recovery phase (reconstruction) of the disaster/emergency 
event, so PHAs can expect these requests to be expedited in 
approximately 60 days.
    Waiver applicable to both PH and HCV programs:

A. 24 CFR 5.801(c) and (d)(1): Uniform Financial Reporting Standards, 
Filing of Financial Reports, Reporting Compliance Dates

    For PDD PHAs with a deadline to submit only audited financial 
information in accordance with 24 CFR 5.801(b) and (d) within six 
months after the date of the disaster related to the PDD, HUD may 
consider a request to waive the due date. For PDD PHAs with a deadline 
to submit unaudited financial information in accordance with 24 CFR 
5.801(b) and (d) within 120 days before and up to six months after the 
date of the disaster related to the PDD, HUD may consider a request to 
waiver the due date.
    HUD may consider requests from PDD PHAs with financial submission 
due dates that fall outside these requirements. The deadline for 
submission of financial information in accordance with 24 CFR 5.801(b) 
and the deadline for submission of unaudited financial statement may be 
extended to 180 calendar days, and the deadline for submission of 
audited financial statements may be extended to 13 months.
    Waivers for the Public Housing program only:

B. 24 CFR Part 902: Public Housing Assessment System

    For PDD PHAs with fiscal year end (FYE) dates within four months 
before and up to 10 months after the effective date of the PDD, HUD may 
consider a request to waive the physical inspection and scoring of 
public housing projects, as required under 24 CFR part 902. For 
situations beyond the PHA's control, HUD may consider requests from PDD 
PHAs with a FYE date that falls outside these dates.

C. 24 CFR 905.306: Extension of Deadline for Programmatic Obligation 
and Expenditure of Capital Funds

    The regulation does not permit extensions of the expenditure dates 
other than for the period of a HUD-approved extension of the obligation 
deadline. HUD may extend both the obligation end date and the 
expenditure end date for all Capital Fund grants during a PDD. However, 
no programmatic expenditure end date shall be extended beyond one month 
prior to the closure of the relevant appropriation account, pursuant to 
31 U.S.C. 1552.

D. 24 CFR 905.322(b): Fiscal Closeout

    An Actual Development Cost Certificate (ADCC) must be submitted 12 
months from the date of completion/termination of a modernization 
activity, and the Actual Modernization Cost Certificate (AMCC) must be 
submitted not later than 12 months from the activity's expenditure 
deadline. In accordance with 2 CFR 200.344(b), HUD may authorize an 
extension; however, if the PHA does not submit all reports within one 
year, HUD must report the failure under the Office of Management and 
Budget (OMB) designate integrity and performance system.

E. 24 CFR 905.314(b) and (c): Cost and Other Limitations, Maximum 
Project Cost, Total Development Cost (TDC) Limit

    To facilitate the use of Capital Funds for repairs and construction 
for needed housing in the disaster areas, HUD may consider waiving the 
TDC and housing cost cap limits for all work funded by the Capital 
Grant (with unexpended Capital Grant funds) or for work on housing in 
the disaster area which is included as part of a Choice Neighborhoods 
Implementation Grant. PDD PHAs that request to waive this provision and 
receive approval to do so must strive to keep housing costs reasonable 
given local market

[[Page 7616]]

conditions, based upon the provisions outlined in 2 CFR part 200.

F. 24 CFR 905.314(j): Cost and Other Limitations, Types of Labor

    This section establishes that for high performer PHAs, they may use 
force account labor for modernization and development activities 
without including it in a Board-approved Capital Fund Program 5-Year 
Action Plan. HUD may waive this requirement to allow for the use of 
force account labor for modernization only activities for non-high 
performers even if this activity has not been included in the non-high 
performer PDD PHA's 5-Year Action Plan. Should HUD waive this 
requirement, the waiver will be in effect for a period not to exceed 12 
months from the date of HUD approval.

G. 24 CFR 905.400(i)(5): Capital Fund Formula, Replacement Housing 
Factor To Reflect Formula Need for Projects With Demolition or 
Disposition Occurring on or After October 1, 1998, and Prior to 
September 30, 2013

    HUD may consider waiving Sec.  905.400(i)(5) to help address 
housing needs because of the displacement caused by the PDD, and to 
allow unexpended Capital Fund Replacement Housing Factor Grants to be 
used for public housing modernization. Should HUD waive this 
requirement, the waiver will be in effect for funds obligated within a 
period not to exceed 12 months from the date of HUD approval.

H. 24 CFR 970.15(b)(1)(ii): Demolition/Disposition Applications and 
Environmental Reviews Performed Under 24 CFR Parts 50 and 58

    For section 18 demolition applications and disposition applications 
justified by location obsolescence for PDD PHAs, HUD may consider a 
waiver request for the environmental review to be performed under 24 
CFR part 50 or 58, if HUD determines the environmental review indicates 
the environmental conditions jeopardize the suitability of the site (or 
a portion of the site) and the housing structures for residential use.

I. 24 CFR 970.15(b)(2): Cost Estimate for Demo Application

    For section 18 demolition applications justified by obsolescence, 
HUD requires that PHAs support the cost estimate by a list of specific 
and detailed work items that require rehabilitation or repair, as 
identified on form HUD-52860-B and other criteria outlined in PIH 
Notice 2018-04, section A. HUD may consider requests to waive these 
requirements if a PDD PHA submits other evidence (e.g., insurance 
adjuster reports, condemnation orders from local municipalities, and 
photographs) that support the PDD PHA's certification that a program of 
modifications is not cost-effective.

J. 24 CFR 990.145(b)(2): Dwelling Units With Approved Vacancies

    If a PDD PHA has one or more units that have been vacated due to a 
PDD, then the PDD PHA, with HUD approval, may treat the unit as an 
``approved vacancy.'' Upon the request of a PDD PHA and HUD approval, 
on a case-by-case basis, such units may be considered approved 
vacancies for the time approved by HUD. Effective date of vacant unit 
must align with the date of the emergency/or significant disaster event 
that resulted in the PDD.

III. Exceptions or Waivers Not Listed in This Document

    A PDD PHA may request an exception of a HUD requirement not listed 
in section II of this document. HUD will only consider such exception 
requests subject to statutory limitations and pursuant to 24 CFR 5.110. 
Such exceptions or waivers shall not include any requests to waive fair 
housing, civil rights, labor standards, or environmental review 
requirement. The request must include justification and supporting 
documentation, if necessary, to support the request.

IV. Finding of No Significant Impact

    A Finding of No Significant Impact (FONSI) with respect to the 
environment has been made in accordance with HUD regulations at 24 CFR 
part 50, which implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    The FONSI is available through the Federal eRulemaking Portal at 
https://www.regulations.gov. The FONSI is also available for public 
inspection between 8 a.m. and 5 p.m. Eastern Time weekdays in the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 
20410-0500. Due to security measures at the HUD Headquarters building, 
an advance appointment to review the docket file must be scheduled by 
calling the Regulations Division at 202-708-3055 (this is not a toll-
free number). HUD welcomes and is prepared to receive calls from 
individuals who are deaf or hard of hearing, as well as individuals 
with speech and 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.

V. Paperwork Reduction Act

    The information collections referenced in this document have been 
approved by OMB pursuant to the Paperwork Reduction Act under, OMB 
Control Number 2577-0292.

Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.

Attachment A

    Use this checklist and follow these instructions to submit a 
complete PDD waiver or flexibility request. Checklists and any 
supporting documentation or information must be submitted no later than 
120 days following the PDD designation. Requests submitted after that 
time will not be considered on an expedited basis.
    1. Copy and paste the checklist below into a new document, saving 
the document with the following filename format: Federal Register 
docket number (FR-XXXX-N-XX), a hyphen, then your Agency's HA Code. For 
example: FR-XXXX-N-XX-AL123.
    2. The section titled ``Information about Requesting Agency'' must 
be completed in its entirety. An official of the PDD PHA must sign 
where indicated. If the information about the requesting agency is 
incomplete or the checklist has not been signed, then the checklist 
will be returned.
    3. Address an email to both [email protected] and your 
regional HUD Field Office Public Housing Director, which can be found 
at https://www.hud.gov/program_offices/public_indian_housing/about/field_office. In the subject line, type ``PHA Name--PHA Code--PDD 
Disaster Relief--Month and Year.'' For example, Allenway Housing 
Authority--AL123--PDD Disaster Relief--October 2024.
    4. Attach to your email the completed checklist, letter of 
justification, and all supporting documentation as applicable. HUD will 
consider other methods of submission as needed.
Section 1. Information About Requesting Agency
NAME OF PHA:
PHA CODE:
Presidentially Declared Disaster (PDD) your agency is under, or FEMA 
disaster number:
Address:
City or Locality: (must be covered under PDD)
Zip Code:
Parish/County:

[[Page 7617]]

Date of Submission:
Signature of PHA Official:
Name/Title of PHA Official:
Phone number of PHA Official:
Email address of PHA Official:
Section 2. Insert an ``X'' to the Left of the Administrative 
Flexibilities You Are Requesting
    Each request must include a good-cause justification for the waiver 
or flexibility, documenting why the waiver is needed for each purpose.

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                                                                    Citation and waiver name--FY 2024
                Tier                         Waiver              presidentially declared disaster (PDD)           PH            HCV      Both PH and HCV
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Tier 1 Waivers.....................  A.....................  24 CFR 982.201(e) and 960.259: Verification of  ............  ............               x
                                                              Date of Birth and Disability Status.
                                     B.....................  24 CFR 984.303(d): Family Self Sufficiency      ............  ............               x
                                                              (FSS) Contract of Participation, Contract
                                                              Extension.
                                     C.....................  24 CFR 982.516(a)(2) and (3) and 960.259(c):    ............  ............               x
                                                              Eligibility Determination, Income
                                                              Verification.
                                     D.....................  24 CFR 982.206(a)(2) and 960.206: Waiting       ............  ............               x
                                                              List, Opening and Closing, Public notice.
                                     E.....................  PIH Notice 2011-65: Timely Reporting            ............  ............               x
                                                              Requirements of the Family Report (form HUD-
                                                              50058).
                                     F.....................  24 CFR 982.516(a)(2) and (3): Family Income     ............  ............               x
                                                              and Composition, Annual and Interim
                                                              Examinations for HCV and PBV; 24 CFR
                                                              960.259(c): Family Information and
                                                              Verification for PH and PIH Notice 2023-27.
                                     G.....................  24 CFR 5.703(d)(5): National Standards for the  ............            x   ...............
                                                              Physical Inspection of Real Estate, Units.
                                     H.....................  24 CFR 982.503(c): HUD Approval of Exception    ............            x   ...............
                                                              Payment Standard Amount.
                                     I.....................  24 CFR 982.54(d)(2): Term of Voucher,           ............            x   ...............
                                                              Extension of Term.
                                     J.....................  24 CFR 982.305(c): PHA Approval of Assisted     ............            x   ...............
                                                              Tenancy, When HAP Contract is Executed.
                                     K.....................  24 CFR 982.633(a): Occupancy of Home..........  ............            x   ...............
                                     L.....................  24 CFR 982.54(a): Administrative Plan.........  ............            x   ...............
                                     M.....................  24 CFR 982.405(b): Supervisory Quality Control  ............            x   ...............
                                                              Inspection.
                                     N.....................  24 CFR 982.312: Absence from Unit.............  ............            x   ...............
                                     O.....................  24 CFR 982.455, 983.258 and 983.211(a):         ............            x   ...............
                                                              Automatic Termination of HAP Contract or
                                                              Required Removal of Unit from the PBV HAP.
                                     P.....................  24 CFR 982.517(c): Revisions of Utility         ............            x   ...............
                                                              Allowance Schedule.
                                     Q.....................  PIH Notice 2018-1, Section 9: Guidance on       ............            x   ...............
                                                              SAFMR and Payment Standard.
                                     R.....................  24 CFR Part 985: Section 8 Management           ............            x   ...............
                                                              Assessment Program (SEMAP).
                                     S.....................  24 CFR 965.302: Requirements for Energy Audits            x   ............  ...............
                                     T.....................  24 CFR 965.507: Review & Revision of                      x   ............  ...............
                                                              Allowances.
                                     U.....................  24 CFR 966.5: Posting of Policies, Rules, and             x   ............  ...............
                                                              Regulations.
 Tier 2 Waivers....................  A.....................  24 CFR 5.801(c) and (d)(1): Uniform Financial   ............  ............               x
                                                              Reporting standards, Filing of Financial
                                                              Reports, Reporting Compliance Dates.
                                     B.....................  24 CFR Part 902: Public Housing Assessment                x   ............  ...............
                                                              System.
                                     C.....................  24 CFR 905.306: Extension of Deadline for                 x   ............  ...............
                                                              Programmatic Obligation and Expenditure of
                                                              Capital Funds.
                                     D.....................  24 CFR 905.322(b): Fiscal Closeout............            x   ............  ...............
                                     E.....................  24 CFR 905.314(b) and (c): Cost and Other                 x   ............  ...............
                                                              Limitations, Maximum Project Cost, TDC limit.
                                     F.....................  24 CFR 905.314(j): Cost and Other Limitations,            x   ............  ...............
                                                              Types of Labor.
                                     G.....................  24 CFR 905.400(i)(5): Capital Fund Formula,               x   ............  ...............
                                                              Replacement Housing Factor to Reflect Formula
                                                              Need for Projects with Demolition or
                                                              Disposition Occurring on or after October 1,
                                                              1998, and Prior to September 30, 2013.
                                     H.....................  24 CFR 970.15(b)(1)(ii): Demolition/                      x   ............  ...............
                                                              Disposition Applications and Environmental
                                                              Reviews Performed under 24 CFR Parts 50 and
                                                              58.
                                     I.....................  24 CFR 970.15(b)(2): Cost Estimate for Demo               x   ............  ...............
                                                              Application.
                                     J.....................  24 CFR 990.145(b)(2): Dwelling Units with                 x   ............  ...............
                                                              Approved Vacancies.
Section III of this document.......  ......................  Waivers that are not identified in this PIH               x             x                x
                                                              document.
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[FR Doc. 2024-02094 Filed 2-2-24; 8:45 am]
BILLING CODE 4210-67-P