Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2023, 27620-27646 [2024-07956]
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27620
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6395–N–03]
Notice of Regulatory Waiver Requests
Granted for the Third 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 July 1,
2023 and ending on September 30,
2023.
SUMMARY:
For
general information about this notice,
contact Aaron Santa Anna, Associate
General Counsel for Legislation and
Regulations, Department of Housing and
Urban Development, 451 Seventh Street
SW, Room 10282, Washington, DC
20410–0500, telephone (202) 708–5300
(this is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities.
To learn more about how to make an
accessible telephone call, please visit:
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
For information concerning a
particular waiver that was granted and
for which public notice is provided in
this document, contact the person
whose name and address follow the
description of the waiver granted in the
accompanying list of waivers that have
been granted in the third quarter of
calendar year 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,
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and the person to whom authority to
waive is delegated must also have
authority to issue the particular
regulation to be waived;
3. Not less than quarterly, the
Secretary must notify the public of all
waivers of regulations that HUD has
approved, by publishing a notice in the
Federal Register. These notices (each
covering the period since the most
recent previous notification) shall:
a. Identify the project, activity, or
undertaking involved;
b. Describe the nature of the provision
waived and the designation of the
provision;
c. Indicate the name and title of the
person who granted the waiver request;
d. Describe briefly the grounds for
approval of the request; and
e. State how additional information
about a particular waiver may be
obtained.
Section 106 of the HUD Reform Act
also contains requirements applicable to
waivers of HUD handbook provisions
that are not relevant to the purpose of
this notice.
This notice follows procedures
provided in HUD’s Statement of Policy
on Waiver of Regulations and Directives
issued on April 22, 1991 (56 FR 16337).
In accordance with those procedures
and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.
This notice covers waivers of
regulations granted by HUD from July 1,
2023 through September 30, 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 third quarter of calendar year 2023)
before the next report is published (the
fourth quarter of calendar year 2023),
HUD will include any additional
waivers granted for the third quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Benjamin Klubes,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development July 1, 2023 Through
September 30, 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.
• Regulation: 24 CFR 93.400(d)(2). Project/
Activity: The State of Rhode Island requested
a waiver of 24 CFR 93.400(d)(2) to extend the
expenditure deadline for its Fiscal Year 2017
grant funds which are currently committed to
a 70-unit mixed-income rental development
project, designated as activity #5867 in
HUD’s Integrated Disbursement and
Information System (IDIS).
Nature of Requirement: The regulation at
24 CFR 93.400(d)(2) requires HUD to reduce
or recapture any fiscal year grant funds in the
State’s HTF Treasury account that are not
expended within 5 years after the date of
HUD’s execution of the HTF grant agreement.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 3, 2023.
Reason Waived: The Department
determined that there is sufficient good cause
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to grant a waiver of the requirement in 24
CFR 93.400(d)(2) to reduce or recapture the
State’s FY 2017 HTF funds committed to IDIS
activity #5867 due to project delays caused
by the increase in construction costs that
were beyond the State’s control. This waiver
will extend the expenditure deadline for the
State’s FY 2017 HTF funds until January 24,
2024, which enable the State to retain HTF
funds committed to the project and prevent
the potential loss of affordable units if the
project loses necessary funds for completion.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: Contra Costa County, San
Joaquin County, and the City of Palmdale,
California requested waivers of 24 CFR
92.252(d)(1) to allow the use of the utility
allowance established by the local public
housing agency (PHA) for three HOMEassisted projects: Galindo Terrace
Apartments (Contra Costa County, CA), Stone
Pine Meadows Apartments (San Joaquin
County, CA), and Juniper Grove Apartments
(Palmdale, CA).
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: July 7, 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 to
establish and implement different utility
allowances for HOME-assisted units and nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(l) Utility
Allowance Requirements.
Project/Activity: The City of Fargo, North
Dakota requested a waiver of 24 CFR
92.252(d)(1) to allow use of the utility
allowance established by the local public
housing agency (PHA) for Elliott Place Four,
a HOME-assisted project.
Nature of Requirement: The regulation at
24 CFR 92.252(d)(1) requires participating
jurisdictions to establish maximum monthly
allowances for utilities and services
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(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: July 18, 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 to
establish and implement different utility
allowances for HOME-assisted units and nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating
jurisdiction or grantee located in the
declared-disaster areas for the severe storms
and flooding in Vermont (DR–7420–VT).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: 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. 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 July 27, 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, Office of
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Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.209(e), (h)(1), and
(i).
Project/Activity: Projects located in the
declared-disaster areas for the severe storms
and flooding in Vermont (DR–7420–VT).
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 M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 27, 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 PJ, for a
period of 24 months after July 27, 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
July 27, 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 July 27, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
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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 for the severe storms and flooding in
Vermont (DR–7420–VT).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 27, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the
declared-disaster areas for the severe storms
and flooding in Vermont (DR–7420–VT).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
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Date Granted: July 27, 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 July 27, 2023. 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.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the
declared-disaster areas for the severe storms
and flooding in Vermont (DR–7420–VT).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: 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. 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 July 27, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating
jurisdiction located in the declared-disaster
areas for the wildfires in Hawaii (DR–4724–
HI).
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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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: 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. 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 August 14, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.209(e), (h)(1), and
(i).
Project/Activity: Projects located in the
declared-disaster areas for the wildfires in
Hawaii (DR–4724–HI).
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 M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 14, 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.
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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 PJ, for a
period of 24 months after August 14, 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 August 14, 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 August 14, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.222(b)(1).
Project/Activity: HOME funds expended by
the State participating jurisdiction for
projects located in the declared-disaster areas
for the wildfires in Hawaii (DR–4724–HI).
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.
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19:15 Apr 16, 2024
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Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 14, 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 all HOME funds expended by
the State on projects in the declared-disaster
areas, rather than on an case-by-case basis,
will relieve administrative and financial
burden on the affected participating
jurisdiction 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 the State
participating jurisdiction for projects located
in the declared-disaster areas from October 1,
2022, through September 30, 2024.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the
declared-disaster areas for the wildfires in
Hawaii (DR–4724–HI).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 14, 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 August 14, 2023. 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.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the
declared-disaster areas for the wildfires in
Hawaii (DR–4724–HI).
Nature of Requirement: This section of the
HTF regulation requires initial income
determinations for HTF beneficiaries by
examining source documents covering the
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27623
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 M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: August 14, 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 August 14, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating
jurisdiction or grantee located in the
declared-disaster area for Hurricane Idalia in
Florida (DR–4734–FL).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver permits the
participating jurisdictions 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: 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. These waivers are only available to
participating jurisdictions within the
declared-disaster areas or the 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
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inaccessible by the disaster and remains in
effect for six months from September 18,
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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.209(e), (h)(1), and
(i).
Project/Activity: Projects located in the
declared-disaster areas for Hurricane Idalia in
Florida (DR–4734–FL).
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 M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 18, 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 the 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 PJ, for a
period of 24 months after September 18,
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 September 18, 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
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
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 September 18, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating
jurisdiction located in the declared-disaster
areas for Hurricane Idalia in Florida (DR–
4734–FL).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 18, 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
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Frm 00006
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• Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the
declared-disaster areas for Hurricane Idalia in
Florida (DR–4734–FL).
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.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 18, 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 September 18, 2023.
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.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the
declared-disaster areas for Hurricane Idalia in
Florida (DR–4734–FL).
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 M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 18, 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 September 18,
2023. The grantee or, as appropriate, HTF
project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate
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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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7160, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 91.105(c)(2) and (k),
24 CFR 91.115(c)(2) and (i), and 24 CFR
91.401
Project/Activity: The State of Vermont and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area (see DR–4720–VT) seeking to expedite
action in response to severe storms and
flooding, 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–4720–VT, dated July 14, 2023, as may be
amended (the ‘‘Vermont declared-disaster
areas’’) and is limited to facilitating
preparation of substantial amendments to FY
2023 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: July 27, 2023.
Reason Waived: Several CPD grantees were
affected by severe storms and flooding that
hit Vermont and received a major disaster
declaration on July 14, 2023. As a result of
substantial property loss and destruction,
many individuals and families residing in the
Vermont 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, Office of
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 Vermont and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the Vermont declareddisaster areas (see DR–4720–VT) seeking to
expedite action in response to severe storms
and flooding, upon notification to the
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
Community Planning and Development
Director in its respective HUD Field Office.
This authority is in effect for grantees within
the Vermont declared-disaster areas and is
limited to facilitating preparation of
substantial amendments to FY 2023 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: July 27, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by severe storms
and flooding that hit Vermont and received
a major disaster declaration on July 14, 2023.
As a result of substantial property loss and
destruction, many individuals and families
residing in the Vermont 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, Office of
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
Vermont severe storms and flooding.
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: July 27, 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
PO 00000
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Fmt 4701
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27625
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 storms and flooding.
The waiver will allow CDBG grantees,
including grantees providing assistance to
evacuees outside the Vermont declareddisaster areas, to pay for the basic daily needs
of individuals and families affected by the
severe storms and flooding on an interim
basis. This authority is in effect through the
end of the grantee’s 2024 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, Office of
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 Hawaii and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area (see DR–4724–HI) seeking to expedite
action in response to wildfires, 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–4724–HI, dated August 10, 2023, as may
be amended (the ‘‘Hawaii declared-disaster
areas’’) and is limited to facilitating
preparation of substantial amendments to FY
2023 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 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: August 14, 2023.
Reason Waived: Several CPD grantees were
affected by wildfires that hit Hawaii and
received a disaster declaration on August 10,
2023. As a result of substantial property loss
and destruction, many individuals and
families residing in the Hawaii declareddisaster 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 moderateincome residents affected by the property
loss and destruction resulting from this
event.
Contact: Robert C. Peterson, Director, State
and Small Cities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7282, Washington, DC 20410, telephone (202)
402–4211.
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
• Regulation: 24 CFR 91.105(c)(2) and (k);
24 CFR 91.115(c)(2) and (i).
Project/Activity: The State of Hawaii and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the Hawaii declareddisaster areas (see DR–4724–HI) seeking to
expedite action in response to wildfires,
upon notification to the Community Planning
and Development Director in its respective
HUD Field Office. This authority is in effect
for grantees within the Hawaii declareddisaster areas and is limited to facilitating
preparation of substantial amendments to FY
2023 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: August 14, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by wildfires that
hit Hawaii and received a major disaster
declaration on August 10, 2023. As a result
of substantial property loss and destruction,
many individuals and families residing in the
Hawaii 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, Office of
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
Hawaii wildfires.
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: August 14, 2023.
Reason Waived: HUD waives the
provisions of 24 CFR 570.207(b)(4) to permit
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
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 wildfires. The waiver will
allow CDBG grantees, including grantees
providing assistance to evacuees outside the
Hawaii declared-disaster areas, to pay for the
basic daily needs of individuals and families
affected by the wildfires on an interim basis.
This authority is in effect through the end of
the grantee’s 2024 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, Office of
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 Florida and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the declared-disaster
area seeking to expedite action in response to
Hurricane Idalia, 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–4734–FL,
dated August 31, 2023, as may be amended
(the ‘‘Florida declared-disaster areas’’) and is
limited to facilitating preparation of
substantial amendments to FY 2023 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 a 30-day public
comment period in the development of a
consolidated plan and prior to the
implementation of a substantial amendment.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Several CPD grantees were
affected Hurricane Idalia and received a
major disaster declaration on August 31,
2023. As a result of substantial property loss
and destruction, many individuals and
families residing in the Florida declareddisaster 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 moderateincome residents affected by the property
loss and destruction resulting from this
event.
Contact: Robert C. Peterson, Director, State
and Small Cities Division, Office of
PO 00000
Frm 00008
Fmt 4701
Sfmt 4703
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 Florida and
any HUD Community Planning and
Development (CPD) grantee located in the
counties included in the Florida declareddisaster areas (see DR–4734–FL) seeking to
expedite action in response to Hurricane
Idalia, upon notification to the Community
Planning and Development Director in its
respective HUD Field Office. This authority
is in effect for grantees within the Florida
declared-disaster areas and is limited to
facilitating preparation of substantial
amendments to FY 2023 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: September 18, 2023.
Reason Waived: As stated above, several
CPD grantees were affected by Hurricane
Idalia that received a major disaster
declaration on August 31, 2023. As a result
of substantial property loss and destruction,
many individuals and families residing in the
Florida 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7282, Washington, DC 20410, telephone (202)
402–4211.
• Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located
within and outside declared disaster areas
assisting persons and families who have
registered with FEMA in connection with
Hurricane Idalia.
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.
E:\FR\FM\17APN2.SGM
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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 Hurricane Idalia. The waiver
will allow CDBG grantees, including grantees
providing assistance to evacuees outside the
Florida declared-disaster areas, to pay for the
basic daily needs of individuals and families
affected by Hurricane Idalia on an interim
basis. This authority is in effect through the
end of the grantee’s 2024 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, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7282, Washington, DC 20410, telephone (202)
402–4211.
lotter on DSK11XQN23PROD with NOTICES2
Mega-Waiver for Vermont Severe Storms and
Flooding—Housing Opportunities for Persons
Withs AIDS (HOPWA) Program
On July 27, 2023, HUD issued an updated
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
Vermont severe storms and flooding in areas
covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(Stafford Act), DR–4720–VT, dated July 14,
2023, as may be amended (the ‘‘declareddisaster areas’’).
• Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability
requirements in 24 CFR 574.310(b)(2) are
waived for units in the declared-disaster
areas that are or will be occupied by
HOPWA-eligible households, provided that
the units are free of life-threatening
conditions as defined in Notice PIH 2017–20
(HA). Grantees must ensure that these units
meet HOPWA habitability standards within
60 days of the date of July 27, 2023.
Nature of Requirement: Section
574.310(b)(2) of the HOPWA regulations
provides minimum habitability standards
that apply to all housing for which HOPWA
funds are used for acquisition, rehabilitation,
conversion, lease, or repair; new construction
of single room occupancy dwellings and
community residences; project or tenantbased rental assistance; or operating costs
under 24 CFR 574.300(b)(3), (4), (5), or (8).
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver is required to
enable grantees and project sponsors to
expeditiously meet the critical housing needs
of the many eligible families in the declared
disaster areas.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.320(a)(1),
Maximum Subsidy.
Project/Activity: Provided that the
maximum subsidy is otherwise calculated as
provided by § 574.320(a)(1), the requirement
to use the rent standard as provided by
§ 574.320(a)(1) is waived. This waiver applies
to the calculation of rental assistance for any
rent amount that takes effect during the twoyear period beginning on July 27, 2023, for
any individual or family who is renting or
executes a lease for a unit in the declareddisaster areas. This waiver would apply for
twelve months from the date of the execution
of the lease. Grantees and project sponsors
must still ensure the reasonableness of rent
charged for units in the declared-disaster
areas in accordance with § 574.320(a)(3).
Nature of Requirement: The amount of
grant funds used to pay monthly assistance
for an eligible person may not exceed the
difference between: (i) The lower of the rent
standard or reasonable rent for the unit; and
(ii) The resident’s rent payment calculated
under § 574.310(d).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Permitting the maximum
rental assistance subsidy to be calculated
under 24 CFR 574.320(a)(1) without regard to
the rent standard would enable HOPWA
grantees to expedite efforts to meet the
critical housing needs of low-income people
living with HIV and their families in the
declared-disaster areas. Under the
programmatic requirements at 24 CFR
574.320(a)(2), the rent standard shall be no
more than the published section 8 fair market
rent (FMR) or the HUD-approved
community-wide exception for the unit size.
In addition, on a unit-by-unit basis, the
grantee may increase that amount by up to
10 percent for up to 20 percent of the units
assisted. Notice CPD–22–10 Clarification of
Rent Standard Requirement for the Housing
Opportunities for Persons With AIDS
(HOPWA) Program provides additional
clarity and flexibility on how HOPWA
grantees can administer the rent standard in
accordance with 24 CFR 574.320(a)(2) and
the Regulatory and Administrative
Requirement Waivers and Flexibilities
Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to
Public 16 Housing Agencies To Assist With
Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared
Disasters, 87 FR 469 (Section 8 Disaster
PO 00000
Frm 00009
Fmt 4701
Sfmt 4703
27627
Notice) provides additional rent standard
flexibility in presidentially declared disaster
areas. Due to the extensive damage to
housing units in the declared disaster area
and the need to ensure safe and decent units
are immediately available to eligible
households to prevent homelessness and
protect the health of the people with HIV
served under the program, HUD has
determined that it is not practicable for
grantees to be held to the rent standards in
24 CFR 574.320(a)(2) even with the
additional flexibilities under Notice CPD–22–
10 and the Section 8 Disaster Notice. Waiving
the requirement to use the rent standard in
the calculation of the maximum monthly
rental assistance amount under
§ 574.320(a)(1), while still requiring that the
unit be rent reasonable in accordance with
§ 574.320(a)(3), will make more units
immediately available to HOPWA eligible
individuals and families in need of
permanent housing in the declared-disaster
areas and will help to quickly stabilize their
housing and health.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.530,
Recordkeeping.
Project/Activity: The recordkeeping
requirement at 24 CFR 574.530 is waived to
the extent necessary to allow HOPWA
grantees, located within and outside of the
declared disaster areas, to assist displaced
persons and families, provided that the
grantees (1) require written certification of
HIV status and income of such individuals
and families seeking assistance and (2) obtain
source documentation of HIV status and
income eligibility within six months of July
27, 2023.
Nature of Requirement: Each grantee must
maintain records to document compliance
with HOPWA requirements, which includes
determining the eligibility of a family to
receive HOPWA assistance.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver will permit
HOPWA grantees and project sponsors,
located within and outside of the declareddisaster areas, to rely upon a family
member’s self-certification of income and
HIV status in lieu of source documentation
to determine eligibility for HOPWA
assistance for individuals and families
displaced by the disaster. Many individuals
and families displaced by the disaster whose
homes have been destroyed or damaged will
not have immediate access to documentation
of income or medical records and, without
this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
E:\FR\FM\17APN2.SGM
17APN2
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
Mega-Waiver for Hawaii Wildfires—Housing
Opportunities for Persons Withs AIDS
(HOPWA) Program
On August 14, 2023, HUD 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
Hawaii wildfires in areas covered by a major
disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4724–HI, dated August 10, 2023, as may
be amended (the ‘‘declared-disaster areas’’).
• Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability
requirements in 24 CFR 574.310(b)(2) are
waived for units in the declared-disaster
areas that are or will be occupied by
HOPWA-eligible households, provided that
the units are free of life-threatening
conditions as defined in Notice PIH 2017–20
(HA). Grantees must ensure that these units
meet HOPWA habitability standards within
60 days of the date of August 14, 2023.
Nature of Requirement: Section
574.310(b)(2) of the HOPWA regulations
provides minimum habitability standards
that apply to all housing for which HOPWA
funds are used for acquisition, rehabilitation,
conversion, lease, or repair; new construction
of single room occupancy dwellings and
community residences; project or tenantbased rental assistance; or operating costs
under 24 CFR 574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver is required to
enable grantees and project sponsors to
expeditiously meet the critical housing needs
of the many eligible families in the declared
disaster areas.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.320(a)(1),
Maximum Subsidy.
Project/Activity: Provided that the
maximum subsidy is otherwise calculated as
provided by § 574.320(a)(1), the requirement
to use the rent standard as provided by
§ 574.320(a)(1) is waived. This waiver applies
to the calculation of rental assistance for any
rent amount that takes effect during the twoyear period beginning on August 14, 2023,
for any individual or family who is renting
or executes a lease for a unit in the declareddisaster areas. This waiver would apply for
twelve months from the date of the execution
of the lease. Grantees and project sponsors
must still ensure the reasonableness of rent
charged for units in the declared-disaster
areas in accordance with § 574.320(a)(3).
Nature of Requirement: The amount of
grant funds used to pay monthly assistance
for an eligible person may not exceed the
difference between: (i) The lower of the rent
standard or reasonable rent for the unit; and
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
(ii) The resident’s rent payment calculated
under § 574.310(d).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Permitting the maximum
rental assistance subsidy to be calculated
under 24 CFR 574.320(a)(1) without regard to
the rent standard would enable HOPWA
grantees to expedite efforts to meet the
critical housing needs of low-income people
living with HIV and their families in the
declared-disaster areas. Under the
programmatic requirements at 24 CFR
574.320(a)(2), the rent standard shall be no
more than the published section 8 fair market
rent (FMR) or the HUD-approved
community-wide exception for the unit size.
In addition, on a unit-by-unit basis, the
grantee may increase that amount by up to
10 percent for up to 20 percent of the units
assisted. Notice CPD–22–10 Clarification of
Rent Standard Requirement for the Housing
Opportunities for Persons With AIDS
(HOPWA) Program provides additional
clarity and flexibility on how HOPWA
grantees can administer the rent standard in
accordance with 24 CFR 574.320(a)(2) and
the Regulatory and Administrative
Requirement Waivers and Flexibilities
Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to
Public 16 Housing Agencies To Assist With
Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared
Disasters, 87 FR 469 (Section 8 Disaster
Notice) provides additional rent standard
flexibility in presidentially declared disaster
areas. Due to the extensive damage to
housing units in the declared disaster area
and the need to ensure safe and decent units
are immediately available to eligible
households to prevent homelessness and
protect the health of the people with HIV
served under the program, HUD has
determined that it is not practicable for
grantees to be held to the rent standards in
24 CFR 574.320(a)(2) even with the
additional flexibilities under Notice CPD–22–
10 and the Section 8 Disaster Notice. Waiving
the requirement to use the rent standard in
the calculation of the maximum monthly
rental assistance amount under
§ 574.320(a)(1), while still requiring that the
unit be rent reasonable in accordance with
§ 574.320(a)(3), will make more units
immediately available to HOPWA eligible
individuals and families in need of
permanent housing in the declared-disaster
areas and will help to quickly stabilize their
housing and health.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.530,
Recordkeeping.
Project/Activity: The recordkeeping
requirement at 24 CFR 574.530 is waived to
the extent necessary to allow HOPWA
grantees, located within and outside of the
declared disaster areas, to assist displaced
PO 00000
Frm 00010
Fmt 4701
Sfmt 4703
persons and families, provided that the
grantees (1) require written certification of
HIV status and income of such individuals
and families seeking assistance and (2) obtain
source documentation of HIV status and
income eligibility within six months of
August 14, 2023.
Nature of Requirement: Each grantee must
maintain records to document compliance
with HOPWA requirements, which includes
determining the eligibility of a family to
receive HOPWA assistance.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver will permit
HOPWA grantees and project sponsors,
located within and outside of the declareddisaster areas, to rely upon a family
member’s self-certification of income and
HIV status in lieu of source documentation
to determine eligibility for HOPWA
assistance for individuals and families
displaced by the disaster. Many individuals
and families displaced by the disaster whose
homes have been destroyed or damaged will
not have immediate access to documentation
of income or medical records and, without
this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
Mega-Waiver for Hurricane Idalia—Housing
Opportunities for Persons Withs AIDS
(HOPWA) Program
On September 18, 2023, HUD issued a
memorandum offering waivers of certain
statutory and regulatory requirements
associated with several Community Planning
and Development (CPD) grant programs to
address damage and facilitate recovery from
Hurricane Idalia in areas covered by a major
disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4734–FL, dated August 31, 2023, as may
be amended (the ‘‘declared-disaster areas’’).
• Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability
requirements in 24 CFR 574.310(b)(2) are
waived for units in the declared-disaster
areas that are or will be occupied by
HOPWA-eligible households, provided that
the units are free of life-threatening
conditions listed under table 65 on pages
292–294 of the NSPIRE standards at:
www.hud.gov/sites/dfiles/PIH/documents/
6092-N-05nspire_final_standards.pdf.
Grantees must ensure that these units meet
HOPWA habitability standards within 60
days of the date of September 18, 2023.
Nature of Requirement: Section
574.310(b)(2) of the HOPWA regulations
provides minimum habitability standards
that apply to all housing for which HOPWA
funds are used for acquisition, rehabilitation,
conversion, lease, or repair; new construction
of single room occupancy dwellings and
E:\FR\FM\17APN2.SGM
17APN2
lotter on DSK11XQN23PROD with NOTICES2
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
community residences; project or tenantbased rental assistance; or operating costs
under 24 CFR 574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver is required to
enable grantees and project sponsors to
expeditiously meet the critical housing needs
of the many eligible families in the declared
disaster areas.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.320(a)(1),
Maximum Subsidy.
Project/Activity: Provided that the
maximum subsidy is otherwise calculated as
provided by § 574.320(a)(1), the requirement
to use the rent standard as provided by
§ 574.320(a)(1) is waived. This waiver applies
to the calculation of rental assistance for any
rent amount that takes effect during the twoyear period beginning on September 18,
2023, for any individual or family who is
renting or executes a lease for a unit in the
declared-disaster areas. This waiver would
apply for twelve months from the date of the
execution of the lease. Grantees and project
sponsors must still ensure the reasonableness
of rent charged for units in the declareddisaster areas in accordance with
§ 574.320(a)(3).
Nature of Requirement: The amount of
grant funds used to pay monthly assistance
for an eligible person may not exceed the
difference between: (i) The lower of the rent
standard or reasonable rent for the unit; and
(ii) The resident’s rent payment calculated
under § 574.310(d).
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Permitting the maximum
rental assistance subsidy to be calculated
under 24 CFR 574.320(a)(1) without regard to
the rent standard would enable HOPWA
grantees to expedite efforts to meet the
critical housing needs of low-income people
living with HIV and their families in the
declared-disaster areas. Under the
programmatic requirements at 24 CFR
574.320(a)(2), the rent standard shall be no
more than the published section 8 fair market
rent (FMR) or the HUD-approved
community-wide exception for the unit size.
In addition, on a unit-by-unit basis, the
grantee may increase that amount by up to
10 percent for up to 20 percent of the units
assisted. Notice CPD–22–10 Clarification of
Rent Standard Requirement for the Housing
Opportunities for Persons With AIDS
(HOPWA) Program provides additional
clarity and flexibility on how HOPWA
grantees can administer the rent standard in
accordance with 24 CFR 574.320(a)(2) and
the Regulatory and Administrative
Requirement Waivers and Flexibilities
Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
Public 16 Housing Agencies To Assist With
Recovery and Relief Efforts on Behalf of
Families Affected by Presidentially Declared
Disasters, 87 FR 469 (Section 8 Disaster
Notice) provides additional rent standard
flexibility in presidentially declared disaster
areas. Due to the extensive damage to
housing units in the declared disaster area
and the need to ensure safe and decent units
are immediately available to eligible
households to prevent homelessness and
protect the health of the people with HIV
served under the program, HUD has
determined that it is not practicable for
grantees to be held to the rent standards in
24 CFR 574.320(a)(2) even with the
additional flexibilities under Notice CPD–22–
10 and the Section 8 Disaster Notice. Waiving
the requirement to use the rent standard in
the calculation of the maximum monthly
rental assistance amount under
§ 574.320(a)(1), while still requiring that the
unit be rent reasonable in accordance with
§ 574.320(a)(3), will make more units
immediately available to HOPWA eligible
individuals and families in need of
permanent housing in the declared-disaster
areas and will help to quickly stabilize their
housing and health.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
• Regulation: 24 CFR 574.530,
Recordkeeping.
Project/Activity: The recordkeeping
requirement at 24 CFR 574.530 is waived to
the extent necessary to allow HOPWA
grantees, located within and outside of the
declared disaster areas, to assist displaced
persons and families, provided that the
grantees (1) require written certification of
HIV status and income of such individuals
and families seeking assistance and (2) obtain
source documentation of HIV status and
income eligibility within six months of May
17, 2023.
Nature of Requirement: Each grantee must
maintain records to document compliance
with HOPWA requirements, which includes
determining the eligibility of a family to
receive HOPWA assistance.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver will permit
HOPWA grantees and project sponsors,
located within and outside of the declareddisaster areas, to rely upon a family
member’s self-certification of income and
HIV status in lieu of source documentation
to determine eligibility for HOPWA
assistance for individuals and families
displaced by the disaster. Many individuals
and families displaced by the disaster whose
homes have been destroyed or damaged will
not have immediate access to documentation
of income or medical records and, without
this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/
AIDS Housing, Office of Community
PO 00000
Frm 00011
Fmt 4701
Sfmt 4703
27629
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 7248, Washington,
DC 20410, telephone (215) 861–7651,
lisa.a.steinhauer@hud.gov.
I. Mega-Waiver for Vermont Severe Storms
and Floods—CoC
On July 27, 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 and floods in areas of Vermont
covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(Stafford Act), DR–4720–VT, dated July 14,
2023, and as may be amended (the ‘‘declareddisaster 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
issuance 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 issuance of the waiver.
The waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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: July 27, 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 issuance 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.
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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 issuance of the
waiver for program participants affected by
the disaster, even if they are residing outside
of the disaster area, 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: July 27, 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
of the issuance of the waiver for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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
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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: July 27, 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 to provide transitional or
permanent supportive housing during the 2year period beginning on the date of the
issuance 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. The
waiver may be used for program participants
affected by the disaster, even if they’re
residing outside of the disaster area.
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: July 27, 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
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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 issuance 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.
The waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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: July 27, 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 above will allow recipient to house
people impacted by severe storms and
flooding in Vermont 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.
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II. Mega-Waiver for Vermont Severe Storms
and Flooding—ESG
On July 27, 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 and floods in areas of Vermont
covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(Stafford Act), DR–4720–VT, dated July 14,
2023, and as may be amended (the ‘‘declareddisaster 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); 24 CFR 576.105(c) 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 and floods in
Vermont; 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 issuance 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: July 27, 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
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assistance subsequent to the date of the
issuance 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 issuance of the waiver for any
individual or family who is renting or
executes a lease for a unit in a declareddisaster 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: July 27, 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 and
floods in Vermont. 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
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27631
within 60 days of the date of the issuance 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: July 27, 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
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: July 27, 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
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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: July 27, 2023.
Reason Waived: Providing a limited waiver
of the expenditure deadline for costs of
providing homelessness prevention and
rapid re-housing assistance to individuals
and families will support recipients’ ability
to assist individuals and families as provided
by other ESG program waivers related to this
disaster.
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 and floods in Vermont; 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 issuance 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
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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: July 27, 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 Hawaii Wildfires—CoC
On August 14, 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
wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4724–HI, dated August 10, 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
issuance 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 issuance of the waiver.
The waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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.
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Date Granted: August 14, 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 issuance 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 of the issuance of the
waiver for program participants affected by
the disaster, even if they are residing outside
of the disaster area, 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: August 14, 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
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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 issuance of the waiver for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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: August 14, 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 to provide transitional or
permanent supportive housing during the 2year period beginning on the date of the
issuance 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,
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facilities, and management services. The
waiver may be used for program participants
affected by the disaster, even if they are
residing outside of the disaster area.
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: August 14, 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 issuance 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.
The waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
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: August 14, 2023.
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27633
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 above will allow recipient to house
people impacted by wildfires in Hawaii 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.
Mega-Waiver for Hawaii Wildfires—ESG
On August 14, 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
wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act),
DR–4724–HI, dated August 10, 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); 24 CFR 578.105(c) 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 wildfires in areas of Hawaii; 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 issuance 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
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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: August 14, 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
issuance 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 issuance of the waiver for any
individual or family who is renting or
executes a lease for a unit in a declareddisaster 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: August 14, 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 wildfires in Hawaii.
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
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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 issuance 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: August 14, 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
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: August 14, 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
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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: August 14, 2023.
Reason Waived: Providing a limited waiver
of the expenditure deadline for costs of
providing homelessness prevention and
rapid re-housing assistance to individuals
and families will support recipients’ ability
to assist individuals and families as provided
by other ESG program waivers related to this
disaster.
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 wildfires
in Hawaii; 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
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relocation stabilization services within two
years after the date of the issuance 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: August 14, 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.
Mega-Waiver for Hurricane Idalia—CoC and
YHDP
On September 18, 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
Hurricane Idalia covered by a major disaster
declaration under Title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR–4734–FL,
dated August 31, 2023, and as may be
amended (the ‘‘declared-disaster areas’’). The
following summarizes the waivers available
for CoC Program Recipients.
CoC and YHDP—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
issuance 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
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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 issuance of the waiver.
The waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.37(a)(1)(ii) and 24
CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24
CFR 578.37(a)(1)(ii) and 24 CFR
578.37(a)(1)(ii)(C) limits rapid re-housing
projects to medium-term rental assistance, or
no more than 24 months.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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 issuance 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 and YHDP—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 issuance of the
waiver for program participants affected by
the disaster, even if they are residing outside
of the disaster area, so long as the initial lease
term of all leases is for more than one month,
and the leases are renewable for terms that
are a minimum of one month long and the
leases are terminable only for cause.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.3, definition of
permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in
permanent housing to be the tenant on a
lease for a term of one year that is renewable
and terminable only for cause.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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
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27635
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 and YHDP—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 issuance of the waiver for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.53(e)(2) limits
recipients of supportive service funds to
using those funds to pay for moving costs to
provide reasonable moving assistance,
including truck rental and hiring a moving
company, to only one-time per program
participant.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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
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7262, Washington, DC 20410, telephone (202)
708–4300.
CoC and YHDP—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 to provide transitional or
permanent supportive housing during the 2year period beginning on the date of the
issuance 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. The
waiver may be used for program participants
affected by the disaster, even if they are
residing outside of the disaster area.
Nature of Requirement: The CoC Program
regulation at 24 CFR 578.49(b)(2) prohibits a
recipient from using grant funds for leasing
to pay above FMR when leasing individual
units, even if the rent is reasonable when
compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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 and YHDP—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 issuance 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.
This waiver may be used for program
participants affected by the disaster, even if
they are residing outside of the disaster area.
Nature of Requirement: 24 CFR 578.103(a)
requires recipient to maintain records
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providing evidence they met program
requirements and 24 CFR 578.103(a)(4)(i)(B)
establishes the requirements for documenting
disability for individuals and families that
meet the ‘‘chronically homeless’’ definition
in 24 CFR 578.3. Acceptable evidence of
disability includes intake-staff recorded
observations of disability no later than 45
days from the date of application for
assistance, which is confirmed and
accompanied by evidence in paragraphs 24
CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5).
HUD is waiving the requirement to obtain
additional evidence to confirm staff-recorded
observations of disability.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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 above will allow recipient to house
people impacted by Hurricane Idalia 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.
Mega-Waiver for Hurricane Idalia—ESG
On September 18, 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
Hurricane Idalia covered by a major disaster
declaration under Title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR–4734–FL,
dated August 31, 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); 24 CFR 576.105(c); and 24 CFR
576.105(b)(2) Term limits on Rental
Assistance and Housing Relocation and
Stabilization Services
Project/Activity: The 24-month limits on
rental assistance and housing relocation and
stabilization services are waived for
individuals and families who meet both of
the following criteria: (1) the individual or
family lives in a declared-disaster area or was
displaced from a declared-disaster area as a
result of Hurricane Idalia; 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
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Frm 00018
Fmt 4701
Sfmt 4703
stabilization services within two years after
the date of the issuance 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: September 18, 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
issuance 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 issuance of the waiver for any
individual or family who is renting or
executes a lease for a unit in a declareddisaster 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
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reasonableness, as established under 24 CFR
982.507.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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 Hurricane Idalia.
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 issuance 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: September 18, 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
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
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19:15 Apr 16, 2024
Jkt 262001
and privacy standards under 24 CFR
576.403(b). If ESG funds are used to convert
a building into a shelter, rehabilitation a
shelter, or otherwise renovate a shelter, the
shelter must meet the minimum safety,
sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local
government safety and sanitation standards.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 18, 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: September 18, 2023.
Reason Waived: Providing a limited waiver
of the expenditure deadline for costs of
providing homelessness prevention and
rapid re-housing assistance to individuals
and families will support recipients’ ability
to assist individuals and families as provided
by other ESG program waivers related to this
disaster.
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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Frm 00019
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27637
ESG—Assisting Program Participants With
Subleases
• Regulation: 24 CFR 576.105 and 24 CFR
576.106.
Project/Activity: The requirements in 24
CFR 576.105 and 576.106 are waived to the
extent that the references to ‘‘owner’’ and
‘‘lease’’ in 24 CFR 576.105 and 576.106
restrict an individual or family from
receiving assistance in a unit they rent from
the primary leaseholder, provided that all of
the following criteria are met: 1. The
individual or family lives in the declareddisaster area or was displaced from the
declared-disaster area as a result of Hurricane
Idalia; 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 issuance 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: September 18, 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.
CoC Waivers
• Regulation: 24 CFR 578.75(b)(1).
Nature of Requirement: Regulations at 24
CFR 578.75(b)(1) require that the recipient or
subrecipient must physically inspect each
unit to assure that the unit meets HQS prior
to providing assistance on behalf of the
program participant.
Requesting organization: Housing
Authority of the City of Los Angeles and Los
Angeles County Development Authority
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Grants Affected:
CA0335L9D002114
CA0336L9D002114
CA0783L9D002113
CA0916L9D002112
CA0917L9D002112
CA1220L9D002109
CA0407L9D002114
CA1594L9D002105
CA1341L9D002107
CA1491L9D002106
CA0391L9D002114
CA0392L9D002114
CA0395L9D002114
CA0324L9D002109
CA0393L9D002114
CA0405L9D002114
CA0862L9D002107
CA1500L9D002106
CA1337L9D002107
CA1106L9D002106
CA1340L9D002107
CA1492L9D002106
CA1689L9D002104
CA0997L9D002106
CA0420L9D002114
CA1217L9D002109
CA1504L9D002207
CA1343L9D002208
CA1344L9D002208
CA0519L9D002215
CA0923L9D002213
CA1109L9D002206
CA1503L9D002207
CA1341L9D002208
CA1491L9D002207
CA0391L9D002215
CA0392L9D002215
CA0395L9D002215
CA1224L9D002109
CA0328L9D002108
CA0798L9D002113
CA1339L9D002107
CA0473L9D002114
CA0799L9D002113
CA0996L9D002107
CA1049L9D002111
CA1050L9D002111
CA0329L9D002108
CA0474L9D002114
CA0995L9D002106
CA1595L9D002105
CA1490L9D002106
CA1112L9D002106
CA0519L9D002114
CA0923L9D002112
CA0335L9D002215
CA0336L9D002215
CA0783L9D002214
CA0916L9D002213
CA0917L9D002213
CA1220L9D002210
CA0407L9D002215
CA1594L9D002206
CA1219L9D002210
CA0465L9D002215
CA0339L9D002215
CA0792L9D002214
CA0998L9D002207
CA0742L9D002215
CA1112L9D002207
CA1502L9D002106
CA1503L9D002106
CA1504L9D002106
CA1505L9D002106
CA1596L9D002105
CA0324L9D002210
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Project/Activity: Homelessness in Los
Angeles County is at crisis levels with over
66,000 unsheltered individuals as of the last
regional homeless count in early 2022.
Unsheltered individuals have a significantly
increased risk of mortality; the LA Times
reported that an average of five people
experiencing homelessness died on the
streets of LA each day in 2022. The Mayor
of the City of Los Angeles and the Los
Angeles County Board of Supervisors
declared states of emergency on
homelessness for their jurisdictions and are
seeking ways to house individuals and
families experiencing homelessness as
quickly as possible. The inspection process
for units currently takes approximately two
weeks and can prevent individuals from
CA0335L9D002114
CA0336L9D002114
CA0783L9D002113
CA0916L9D002112
CA0917L9D002112
CA1220L9D002109
CA0407L9D002114
CA1594L9D002105
CA1341L9D002107
CA1491L9D002106
CA0391L9D002114
CA0392L9D002114
CA0395L9D002114
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CA1500L9D002207
CA1337L9D002208
CA1106L9D002207
CA1340L9D002208
CA1492L9D002207
CA1689L9D002205
CA0997L9D002207
CA0420L9D002215
CA0920L9D002213
CA0438L9D002215
CA0444L9D002215
CA0445L9D002215
CA1110L9D002207
CA0464L9D002215
CA0797L9D002214
CA1051L9D002212
CA1217L9D002210
CA1224L9D002210
CA0798L9D002214
CA1339L9D002208
CA0473L9D002215
CA0799L9D002214
CA0996L9D002208
CA1049L9D002212
CA1050L9D002212
CA1342L9D002208
CA1159L9D002211
CA1505L9D002207
CA1218L9D002210
CA1158L9D002211
CA1157L9D002211
CA1159L9D002110
CA1218L9D002109
CA1219L9D002109
CA1342L9D002107
CA1343L9D002107
CA1344L9D002107
CA0393L9D002215
leasing-up apartments given the tight rental
market.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Waiving the requirement
for an initial unit inspection assists people
experiencing homelessness to move into
housing in an expedient manner and is
crucial to ending the homelessness crisis in
Los Angeles.
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
CA1224L9D002109
CA0328L9D002108
CA0798L9D002113
CA1339L9D002107
CA0473L9D002114
CA0799L9D002113
CA0996L9D002107
CA1049L9D002111
CA1050L9D002111
CA0329L9D002108
CA0474L9D002114
CA0995L9D002106
CA1595L9D002105
Jkt 262001
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CA0339L9D002114
CA0365L9D002114
CA0421L9D002114
CA0465L9D002114
CA0742L9D002114
CA0792L9D002113
CA0800L9D002113
CA0860L9D002107
CA0913L9D002112
CA0914L9D002112
CA0915L9D002112
CA0998L9D002106
CA1046L9D002111
CA1104L9D002105
CA1109L9D002105
CA1157L9D002110
CA1158L9D002110
CA0920L9D002112
CA0438L9D002114
CA0444L9D002114
CA0445L9D002114
CA1110L9D002106
CA0464L9D002114
CA0797L9D002113
CA1051L9D002111
CA1046L9D002212
CA0329L9D002209
CA0474L9D002215
CA0995L9D002207
CA1595L9D002206
CA1490L9D002207
CA1597L9D002105
CA1687L9D002104
CA1688L9D002104
CA0365L9D002215
CA0914L9D002213
CA0405L9D002215
7262, Washington, DC 20410, telephone (202)
708–4300.
• Regulation: 24 CFR 578.103(a)(7).
Nature of Requirement: Regulations at 24
CFR 578.103(a)(7) require that, for each
program participant who receives housing
assistance where rent or an occupancy charge
is paid by the program participant, the
recipient or subrecipient must collect and
keep documentation of the program
participant’s income. The regulation
establishes an order of preference for the type
of documentation that recipients or
subrecipients can rely on.
Requesting Organization: Housing
Authority of the City of Los Angeles and Los
Angeles County Development Authority.
Grants Affected:
CA1500L9D002207
CA1337L9D002208
CA1106L9D002207
CA1340L9D002208
CA1492L9D002207
CA1689L9D002205
CA0997L9D002207
CA0420L9D002215
CA0920L9D002213
CA0438L9D002215
CA0444L9D002215
CA0445L9D002215
CA1110L9D002207
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E:\FR\FM\17APN2.SGM
CA0339L9D002114
CA0365L9D002114
CA0421L9D002114
CA0465L9D002114
CA0742L9D002114
CA0792L9D002113
CA0800L9D002113
CA0860L9D002107
CA0913L9D002112
CA0914L9D002112
CA0915L9D002112
CA0998L9D002106
CA1046L9D002111
17APN2
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CA0324L9D002109
CA0393L9D002114
CA0405L9D002114
CA0862L9D002107
CA1500L9D002106
CA1337L9D002107
CA1106L9D002106
CA1340L9D002107
CA1492L9D002106
CA1689L9D002104
CA0997L9D002106
CA0420L9D002114
CA1217L9D002109
CA1504L9D002207
CA1343L9D002208
CA1344L9D002208
CA0519L9D002215
CA0923L9D002213
CA1109L9D002206
CA1503L9D002207
CA1341L9D002208
CA1491L9D002207
CA0391L9D002215
CA0392L9D002215
CA0395L9D002215
CA1490L9D002106
CA1112L9D002106
CA0519L9D002114
CA0923L9D002112
CA0335L9D002215
CA0336L9D002215
CA0783L9D002214
CA0916L9D002213
CA0917L9D002213
CA1220L9D002210
CA0407L9D002215
CA1594L9D002206
CA1219L9D002210
CA0465L9D002215
CA0339L9D002215
CA0792L9D002214
CA0998L9D002207
CA0742L9D002215
CA1112L9D002207
CA1502L9D002106
CA1503L9D002106
CA1504L9D002106
CA1505L9D002106
CA1596L9D002105
CA0324L9D002210
Project/Activity: The preferred method of
documenting income is source
documentation. If source documents are
unobtainable, a written statement by the
relevant third party or the written
certification of the recipient’s or
subrecipient’s intake staff of the relevant
third party’s oral verification of the income
the program participant received over the
most recent period is required. Regulations
allow that, to the extent that source
documents and third-party verification are
unobtainable, the program participant can
self-certify their anticipated income for the
next three months. The requirement at 24
CFR 578.103(a)(7) to first seek source
documentation and third-party verification of
income is waived for existing grants with the
grant numbers listed to allow the recipients
to self-certify the income the program
participant expects to receive over the 3month period.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Individuals experiencing
homelessness are unlikely to have the
required documentation for annual income
readily available and this documentation can
be difficult to obtain quickly. Waiving the
requirement to first seek source
documentation and third-party verification of
income will streamline the annual income
process, allowing HACLA and LACDA to
house individuals more quickly.
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.
Fair Market Rent (FMR) Cap on Rent Paid
with Leasing Funds
• Regulation: 24 CFR 578.49(b)(2).
Nature of Requirement: CoC Program
regulations at 24 CFR 578.49(b)(2) states,
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19:15 Apr 16, 2024
Jkt 262001
CA0464L9D002215
CA0797L9D002214
CA1051L9D002212
CA1217L9D002210
CA1224L9D002210
CA0798L9D002214
CA1339L9D002208
CA0473L9D002215
CA0799L9D002214
CA0996L9D002208
CA1049L9D002212
CA1050L9D002212
CA1342L9D002208
CA1159L9D002211
CA1505L9D002207
CA1218L9D002210
CA1158L9D002211
CA1157L9D002211
CA1159L9D002110
CA1218L9D002109
CA1219L9D002109
CA1342L9D002107
CA1343L9D002107
CA1344L9D002107
CA0393L9D002215
‘‘When grants are used to pay rent for
individual housing units, 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. In addition, the rents may not
exceed rents currently being charged for
comparable units, and the rent paid may not
exceed HUD-determined fair market rents.’’
Requesting Organization: St. Vincent’s
Medical Center.
Grants Affected: CT0083L1E032215 and
CT0041L1E032215.
Project/Activity: Regulations at 24 CFR
578.49(b)(2) require that leasing funds used
to pay rent may not exceed the HUDdetermined fair market rent in place at the
time of lease execution. The above
organization requested a waiver of the FMR
requirements at 24 CFR 578.49(b)(2) so that
it may provide CoC Program Permanent
Supportive Housing assistance to program
participants in housing units with rents that
exceed the FMR amount for the Bridgeport,
CT Metro Area but meet the reasonable rent
standards. This waiver is necessary because
the Bridgeport service area continues to see
inflationary increases in housing costs,
resulting in the lack of safe affordable rental
options. Additionally, existing leases are
seeing rent increases that exceed FMR at
lease renewal.
Granted By: Marion McFadden, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: The organization
sufficiently documented the recipient’s
inability to adequately house program
participants under the current rental market
conditions within the Bridgeport, CT HUD
Metropolitan area using current FMR
restrictions. The organization may use
leasing funds to pay 100% of the cost of rent
for units with gross rents that exceed HUD
established FMR rates, so long as the gross
rent reasonable rent standards are met.
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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 Waivers
A. Extension of ESG–CV Expenditure
Deadline
• Regulation: Section V.A.1 of Notice
CPD–22–06.
Requestor: Allegheny County.
Project/Activity: HUD granted a waiver of
the September 30, 2023, deadline that
Section V.A.1 of Notice CPD–22–06
established for completing all ESG–CV
expenditures, except for certain closeoutrelated expenditures and expenditures of
reallocated ESG–CV amounts, in the
September 27, 2023 memorandum:
Allegheny County’s Request for Waiver of
ESG–CV Expenditure Deadline Established
by Notice CPD–22–06, Section V.A.1. HUD
waived the applicable requirements to the
extent necessary to specify an alternative
requirement that the recipient shall expend
all ESG–CV funding by December 31, 2023.
Nature of Requirement: Section V.A.1 of
Notice CPD–22–06 established a deadline of
September 30, 2023 for completing all ESG–
CV expenditures, except for certain closeoutrelated expenditures and expenditures of
reallocated ESG–CV amounts.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 27, 2023.
Reason Waived: Waiving the September 30,
2023 expenditure deadline is necessary to
prevent, prepare for, and respond to
coronavirus, because the rate of COVID–19
infections has increased dramatically in the
past several weeks in Allegheny County and
is projected to increase through the fall. The
recipient’s emergency shelter renovation
project is needed to add 25 new emergency
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shelter beds for individuals experiencing
unsheltered homelessness within the
community.
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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Extension of ESG–CV Expenditure Deadline
• Regulation: Section V.A.1 of Notice
CPD–22–06.
Requestor: State of California.
Project/Activity: HUD granted a waiver of
the September 30, 2023, deadline that
Section V.A.1 of Notice CPD–22–06
established for completing all ESG–CV
expenditures, except for certain closeoutrelated expenditures and expenditures of
reallocated ESG–CV amounts, in the
September 29, 2023 memorandum: State of
California’s Request for Waiver of ESG–CV
Expenditure Deadline Established by Notice
CPD–22–06, Section V.A.1. HUD waived the
applicable requirements to the extent
necessary to specify an alternative
requirement that the recipient shall expend
all ESG–CV funding by June 30, 2024.
Nature of Requirement: Section V.A.1 of
Notice CPD–22–06 established a deadline of
September 30, 2023 for completing all ESG–
CV expenditures, except for certain closeoutrelated expenditures and expenditures of
reallocated ESG–CV amounts.
Granted By: Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: September 29, 2023.
Reason Waived: Waiving the September 30,
2023 expenditure deadline is necessary to
prevent, prepare for, and respond to
coronavirus, not only because of the
increasing number of coronavirus infections
and hospitalizations in the State of
California, but also because of the 6 percent
rise in homelessness in the State from 2020
through 2022.
Contact: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone (202)
708–4300.
II. Regulatory Waivers Granted by the Office
of Housing—Federal Housing
Administration (FHA)
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 200.54(b) Property
Development, 2023.
Project/Activity: Extension of Partial
Waiver of Requirement of 24CFR 200.54(b)—
Multifamily Loan Disbursements.
Nature of Requirement: The regulation
requires A partial waiver of the ‘‘. . . must
be disbursed in full . . .’’ requirement is
necessary for the covered projects to allow
mortgagees to securitize the initial draw
contemporaneously with borrower equity
funding to establish the mortgage-backed
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security and fulfill investor trade agreements.
The initial FHA-insured draw cannot not
exceed one half percent (0.5%) of the
initially endorsed loan amount. In practice,
this initial draw is typically $25,000. The
Department requires, in 24 CFR 200.54(b),
that ‘‘funds provided by the mortgagor under
requirements of this section must be
disbursed in full for project work, material,
and incidental charges and expenses before
disbursement of any mortgage
proceeds. . . .’’ Essentially, borrower equity
is required to be fully disbursed before the
disbursement of any mortgage proceeds.
Typically, all borrower equity is already
disbursed prior to Loan proceeds, as part of
the initial draw. For certain projects, the
amount of Borrower equity exceeds the
amount of the initial draw to be disbursed at
time of endorsement. This presents a timing
challenge because disbursing the equity as
construction activity occurs will take up to
two months and mortgage draw activity must
be postponed in the meantime.
Granted By: Julia R. Gordon, Assistant
Secretary for Housing—Federal Housing
Commissioner, Office of Housing.
Date Granted: July 5, 2023.
Reason Waived: The extension continues
the waiver of the requirement that an
agreement acceptable to the Commissioner
shall require that funds provided by the
mortgagor must be disbursed in full for
project work, material, and incidental
charges, and expenses before disbursement of
any mortgage proceeds. This partial waiver is
being issued to allow the timely issuance of
securities guaranteed by the Government
National Mortgage Association and is limited
to projects insured under Sections 213 and
221(d)(4) of the National Housing Act.
Without the partial waiver, lenders may be
unable to securitize loans or may be forced
to implement unusual and burdensome
servicing practices to maintain compliance
with the regulation. The contract between
mortgage lender and investor has affirmative
delivery dates; the initial securitized draw
cannot be delayed or contingent on borrower
equity disbursements.
Contact: Willie Fobbs III, Director, Office of
Multifamily Production, 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 242.72.
Project/Activity: Onslow County Hospital
Authority.
Nature of Requirement: 24 CFR 242.72
prohibits the leasing of a hospital by a
proposed borrower that seeks insurance
through the FHA’s Section 242 program.
Granted By: Julia R. Gordon, Assistant
Secretary for Housing—Federal Housing
Commissioner, Office of Housing.
Date Granted: August 11, 2023.
Reason Waived: Through its Lender,
Onslow County Healthcare Authority
(OCHA), located in Jacksonville, North
Caroline, applied for Section 241
supplemental mortgage insurance. OCHA
leases property to Onslow Memorial Hospital
(the Hospital), to operate a 162-bed general
acute care hospital. A Regulatory Waiver 24
CFR § 242.72 is required to close the
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proposed loan because OCHA is the
Borrower and owns the hospital facility, but
does not operate the facility.
The waiver is necessary and appropriate in
this narrow case, as the Hospital and OCHA
are closely related entities (the Hospital is a
component unit of OCHA). The two entities
are functionally the same (with the same
management team and Board of Directors).
The Office of General Counsel has reviewed
this request and has concurred. Legal
documents signed at closing will include
controls and protections that guard against
the risk of lease arrangements. The Office of
Healthcare Programs is comfortable allowing
the waiver due to the relationship between
OCHA and the Hospital, the creation of the
appropriate legal documents, as well as the
strength and history of OCHA and the
Hospital. OCHA has one outstanding Section
242 loan, closed in 2006, using this same
structure.
Contact: Paul Giaudrone, Underwriting
Director, Office of Hospital Facilities, Office
of Healthcare Programs, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington DC 20410, telephone (202) 402–
5684.
• Regulation: 24 CFR 290.30(a).
Project/Activity: The owner of O’Fallon
Place 1A Apartments, located in St. Louis,
Missouri requests HUD approval of the note
sale of two underlying HUD-held mortgages
secured by the project to Missouri Housing
Development Corporation (MHDC), a unit of
local government, on a non-competitive,
negotiated basis.
Nature of Requirement: HUD is required to
sell HUD-held Notes on a competitive basis
pursuant to 24 CFR 290.30(a). However, as an
exception to this requirement, 24 CFR
290.31(a)(2), permits ‘‘negotiated’’ sales to
state of local governments for current
mortgages securing subsidized projects,
provided that loans are sold with FHA
insurance.
Granted By: Julia R. Gordon, Assistant
Secretary for Housing—Federal Housing
Commissioner, Office of Housing.
Date Granted: August 10, 2023.
Reason Waived: To facilitate the sale of the
two HUD-held Notes a waiver of 24 CFR
290.30(a), which requires the HUD-held
multifamily mortgages to be sold
competitively, is needed. This waiver will
allow HUD to accept the non-competitive bid
made by MHDC and will allow the pay-off of
the HUD-held Notes to facilitate the
continued redevelopment of the project.
Further, granting this waiver will ensure that
the Department obtains payment in full of the
HUD-held Notes and the preservation of this
affordable housing. The waiver of 24 CFR
290.30(a) does not violate any statutory
requirements, and the review findings
constitute good cause for the waiver, as
required by 24 CFR 5.110.
Contact: Thomas R. Davis, Director of
Office of Recapitalization, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
6228, Washington, DC 20410, telephone (202)
402–7549.
• Regulation: 24 CFR 880.608.
Project/Activity: The owner requested a
waiver of 24 CFR 880.608 in order to enable
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the owner to participate in a 3-year study
conducted by Fannie Mae to assess whether
tenant payment of a security deposit has any
effect on property performance.
Nature of Requirement: An owner
participating in certain project-based Section
8 rental assistance programs administered by
the Office of Housing must require the
payment of a security deposit by each family
selected to reside in an assisted unit, at the
time of initial execution of the lease.
Granted By: Julia R. Gordon, Assistant
Secretary for Housing—Federal Housing
Commissioner, Office of Housing.
Date Granted: July 31, 2023.
Reason Waived: The Office of Housing
found that it is in the public interest to allow
for a time-limited study that will generate a
data-driven assessment of the effects on
tenants, owners, and properties from
relieving tenants of the burden of paying a
security deposit. The waiver covers 64
properties.
Contact: Jennifer Lavorel, Director, Office
of Asset Management Portfolio Oversite,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6180, Washington DC 20410,
telephone (202) 402–2515.
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(a)(3).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score
of zero pursuant to 24 CFR 902.62(a)(3).
Project/Activity: Richmond Redevelopment
& Housing Authority (RRHA).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: July 20, 2023.
Reason Waived: HUD granted RRHA
additional time to submit its audited
financial statements due to unforeseen
circumstances. HUD granted RRHA
anadditional 92 days from the due date of
June 30, 2023, and has until September 30,
2023, to complete and submit its FYE
September 30, 2022, audited financial
information to the Department without
receiving an LPF score.
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 905.400(i)(5)(i).
Nature of Requirement: 24 CFR
905.400(i)(5)(i), requires that PHAs use RHF
grant funds only for the development of
public housing units. Consequently, RHF
cannot be used to renovate vacant public
housing units or for any modernization
unless the Department grants a waiver of 24
CFR 905.400(i)(5)(i) for good cause.
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Project/Activity: New York City Housing
Authority (NYCHA).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 28, 2023.
Reason Waived: HUD found that the funds
available were inadequate to develop new
public housing units within the expenditure
deadline and NYCHA’s proposed alternative
use for this funding will meet important
modernization needs at these public housing
properties. HUD approved NYCHA’s request
for a waiver of 24 CFR 905.400(i)(5)(i) for the
use of RHF funds to pay for modernization
work.
Contact: David Fleishman, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Room 4148, Washington DC 20410,
telephone (202) 402–2071.
• Regulation: 24 CFR 5.801(d)(1) and 24
CFR 902.62(a)(3).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score
of zero pursuant to 24 CFR 902.62(a)(3).
Project/Activity: DuPage Housing
Authority (DHA).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: DHA indicates that its
previous auditor abruptly quit without
written notification. The newly contracted
auditor, cannot complete the HUD audit by
the deadline. HUD granted DHA until
September 30, 2023, to submit its 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 5.801(d)(1) and 24
CFR 902.62(a)(3).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score
of zero pursuant to 24 CFR 902.62(a)(3).
Project/Activity: Northern Marianas
Housing Corporation (TQ901).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: NMHC indicates that its
previous auditor unexpectedly withdrew
from the FY 2022 audit engagement and its
new auditor cannot complete and submit
audited financial information to HUD by the
due date. NMHC is requesting additional
time due to this unforeseen circumstance.
HUD granted an additional 123 days from the
due date of June 30, 2023, and has until
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October 31, 2023, for NMHC to complete and
submit its audited financial information for
the FYE September 31, 2022, 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 5.801(d)(1).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end.
Project/Activity: Potter County Housing
and Redevelopment Authority (PCHRA).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHRA had to hire a new
auditor suddenly due to unforeseen
circumstances. HUD granted an additional
183 days, and has until September 30, 2023,
to complete and submit its FYE June 30,
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 5.801(d)(1) and 24
CFR 902.62(a)(3).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score
of zero pursuant to 24 CFR 902.62(a)(3).
Project/Activity: Pinal County Housing
Authority (AZ010).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHA indicates that its
financial responsibilities have been delayed
due to an unexpected staff change and its
audit will not be complete by March 31,
2023. HUD granted PCHA until September
30, 2023, to complete and submit its 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 905.322(b)(1)(ii).
Nature of Requirement: Per 24 CFR
905.322(b)(1)(ii), the Actual Modernization
Cost Certificate (AMCC) for each grant is due
no later than 12 months after the expenditure
deadline, but no earlier than the obligation
end date.
Project/Activity: Housing Authority of the
City of Decatur (HACD).
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Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 16, 2023.
Reason Waived: HUD determined that
HACD’s request provided good cause for a
waiver to submit the AMCC earlier than the
obligation end date, and as such, approves a
waiver of 24 CFR 905.322(b)(1)(ii) for HACD.
Contact: David Fleishman, Housing
Programs Specialist, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW,
Room 4148, Washington, DC 20410,
telephone (202) 402–2071.
• Regulation: 24 CFR 983.301(f)(2)(ii); 24
CFR 982.517.
Nature of Requirement: 24 CFR 982.517
requires that a housing authority maintain a
utility allowance schedule for all tenant-paid
utilities, and the utility allowance schedule
must be determined based on the typical cost
of utilities and services paid by energyconservation households that occupy units of
similar size and type in the same locality. 24
CFR 983.301(f)(2)(ii) requires that housing
authorities may not establish or apply
different utility allowance amounts for the
project-based voucher (PBV) program, and
that the same housing authority utility
allowance schedule applies to both tenantbased and PBV programs.
Project/Activity: New Bedford Housing
Authority (NBHA).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 3, 2023.
Reason Waived: HUD determined that
there is good cause to waive the regulation
as the utility allowance under the HCV
program would discourage conservation and
lead to inefficient use of HAP funds.
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–
2071.
• Regulation: 24 CFR 1000.336(d).
Nature of Requirement: The regulation
states that the deadline for submitting a
challenge to the Census data used in
computing the FY 2025 IHBG formula
allocation is March 30, 2024.
Project/Activity: Indian Housing Block
Grant (IHBG).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 19, 2023.
Reason Waived: The IHBG regulation at 24
CFR 1000.336(d) requires that Tribes and
Tribally Designated Housing Entities
(TDHEs) submit documentation supporting
Census challenges by March 30th to be
considered for the upcoming fiscal year
allocation. However, the Census data used for
computing the FY 2025 IHBG formula
allocation will not be available until
September 29, 2023, which is 120 days after
the June 1, 2023, standard deadline for
distributing this data to Tribes and TDHEs.
As such, good cause exists to provide
additional time for Tribes and TDHEs to
accommodate the delay in data. Therefore, a
waiver of the Census Challenge deadline and
an extension of the deadline to July 29, 2024,
were granted to provide Tribes and TDHEs
with a similar amount of time as they had in
prior fiscal years to review their Census data.
Contact: Heidi Frechette, Office of Public
and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 4148, Washington, DC 20410,
telephone (202) 402–2071, Heidi.Frechette@
hud.gov.
• Regulation: 24 CFR 5.801(d)(1) and 24
CFR 902.62(a)(3).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial
statements no later than nine months after
the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score
of zero pursuant to 24 CFR 902.62(a)(3).
Project/Activity: Housing Authority of the
City of St. Albans (HACS).
Granted By: Richard Monocchio, Principal
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 28, 2023.
Reason Waived: HACS stated that after
Executive Director turnover, issues were
identified surrounding the files,
maintenance, resident relations, computers,
and health and safety hazards. Therefore,
HACS was granted an additional 92 days
from the due date of September 30, 2023.
HACS was granted until December 31, 2023,
to complete and submit its FYE December 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 982.505(c)(4)
Increase in Payment Standard During
Housing Assistance Payment (HAP) Contract
Term.
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.
Project/Activity: Notice PIH 2022–30
Extension of Certain Regulatory Waivers for
the Housing Choice Voucher (including
Mainstream) Program and Streamlined
Review Process.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: Under Notice PIH 2022–
30, PHAs can apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide flexibility during the pandemic
recovery. HUD expeditiously responded to
these waiver requests in accordance with
Section 106 of the Department of Housing
and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Expedited_Waivers@hud.gov.
Extension
approved
Code
PHA name
AR004 ..........
CO049 ..........
FL005 ...........
FL139 ...........
IL101 ............
IN002 ............
IN037 ............
IN080 ............
MA022 ..........
MA075 ..........
MA085 ..........
NJ099 ...........
NM050 ..........
NY001 ..........
OH042 ..........
TX027 ...........
TX062 ...........
UT021 ..........
VA018 ..........
VA025 ..........
VT005 ...........
Housing Authority of the City of Little Rock ..............................................................................................................
Lakewood Housing Authority ....................................................................................................................................
Miami-Dade Housing Agency ...................................................................................................................................
Winter Haven Housing Authority ...............................................................................................................................
DuPage Housing Authority ........................................................................................................................................
Vincennes Housing Authority ....................................................................................................................................
Mount Vernon Housing Authority ..............................................................................................................................
Housing Authority of the City of Noblesville .............................................................................................................
Malden Housing Authority .........................................................................................................................................
Reading Housing Authority .......................................................................................................................................
Amherst Housing Authority .......................................................................................................................................
Bloomfield Township HA ...........................................................................................................................................
Housing Authority of the County of Santa Fe ...........................................................................................................
Syracuse Housing Authority ......................................................................................................................................
Geauga Metropolitan Housing Authority ...................................................................................................................
McKinney Housing Authority .....................................................................................................................................
Edinburg Housing Authority ......................................................................................................................................
St. George Housing Authority ...................................................................................................................................
Franklin Redevelopment And Housing Authority ......................................................................................................
Suffolk Redevelopment And Housing Authority ........................................................................................................
Barre Housing Authority ............................................................................................................................................
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lotter on DSK11XQN23PROD with NOTICES2
Extension
approved
Code
PHA name
WA054 .........
WI214 ...........
WV005 .........
HA of Pierce County .................................................................................................................................................
Dane County Housing Authority ...............................................................................................................................
Housing Authority of the City of Parkersburg ...........................................................................................................
• Regulation: 24 CFR 982.503(b) Voucher
Tenancy: New Payment Standard Amount.
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.
Project/Activity: Notice PIH 2022–30
Extension of Certain Regulatory Waivers for
the Housing Choice Voucher (including
Mainstream) Program and Streamlined
Review Process.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: Under Notice PIH 2022–
30, PHAs can apply for certain regulatory
waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021–
14 to provide flexibility during the pandemic
recovery. HUD expeditiously responded to
these waiver requests in accordance with
2023
extension
approved
PHA name
AR004 ..........
CO040 ..........
CO049 ..........
FL005 ...........
FL071 ...........
FL139 ...........
IA130 ............
IL101 ............
IL107 ............
IN037 ............
IN080 ............
MA022 ..........
MA075 ..........
MA085 ..........
MO037 .........
NJ099 ...........
NJ212 ...........
NM020 ..........
NM050 ..........
NY001 ..........
OH042 ..........
PA024 ..........
PA026 ..........
SC911 ..........
TX027 ...........
TX062 ...........
TX072 ...........
UT009 ..........
UT016 ..........
UT021 ..........
VA017 ..........
VA018 ..........
VA025 ..........
VT005 ...........
WA054 .........
WI214 ...........
WV005 .........
Housing Authority of the City of Little Rock ..............................................................................................................
Delta Housing Authority ............................................................................................................................................
Lakewood Housing Authority ....................................................................................................................................
Miami-Dade Housing Agency ...................................................................................................................................
Lake Wales Housing Authority ..................................................................................................................................
Winter Haven Housing Authority ...............................................................................................................................
Upper Explorer land Regional Housing Authority .....................................................................................................
DuPage Housing Authority ........................................................................................................................................
Housing Authority of the City of North Chicago, IL ..................................................................................................
Mount Vernon Housing Authority ..............................................................................................................................
Housing Authority of the City of Noblesville .............................................................................................................
Malden Housing Authority .........................................................................................................................................
Reading Housing Authority .......................................................................................................................................
Amherst Housing Authority .......................................................................................................................................
Housing Authority of the City of West Plains ...........................................................................................................
Bloomfield Township HA ...........................................................................................................................................
Hamilton Township HA .............................................................................................................................................
Housing Authority of the City of Truth Or Consequences ........................................................................................
Housing Authority of the County of Santa Fe ...........................................................................................................
Syracuse Housing Authority ......................................................................................................................................
Geauga Metropolitan Housing Authority ...................................................................................................................
Easton Housing Authority .........................................................................................................................................
Housing Auth Co of Lawrence ..................................................................................................................................
SC State Housing Authority ......................................................................................................................................
McKinney Housing Authority .....................................................................................................................................
Edinburg Housing Authority ......................................................................................................................................
The Housing Authority of the City of Gainesville ......................................................................................................
Davis Community Housing Authority ........................................................................................................................
Housing Authority of Carbon County ........................................................................................................................
St. George Housing Authority ...................................................................................................................................
Hampton Redevelopment & Housing Authority ........................................................................................................
Franklin Redevelopment And Housing Authority ......................................................................................................
Suffolk Redevelopment And Housing Authority ........................................................................................................
Barre Housing Authority ............................................................................................................................................
HA of Pierce County .................................................................................................................................................
Dane County Housing Authority ...............................................................................................................................
Housing Authority of the City of Parkersburg ...........................................................................................................
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD establishes an
expedited process for the review of waiver
requests and flexibilities for calendar years
(CY) 2022 and 2023, for Public Housing
PO 00000
Frm 00025
Fmt 4701
Sfmt 4703
8/25/2023
9/25/2023
7/25/2023
Section 106 of the Department of Housing
and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Expedited_Waivers@hud.gov.
PHAs:
Code
• Regulation: 24 CFR 990.145(b) Public
housing dwelling units with approved
vacancies.
Project/Activity: HUD published 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.
27643
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8/25/2023
8/1/2023
8/16/2023
9/29/2023
7/25/2023
8/16/2023
8/1/2023
8/16/2023
7/25/2023
9/20/2023
8/16/2023
7/25/2023
8/25/2023
9/20/2023
8/1/2023
7/25/2023
7/25/2023
7/25/2023
8/1/2023
7/25/2023
9/21/2023
9/6/2023
9/20/2023
9/20/2023
8/1/2023
9/6/2023
9/20/2023
9/6/2023
9/25/2023
7/25/2023
8/11/2023
7/25/2023
9/20/2023
8/25/2023
9/25/2023
7/25/2023
Agencies (PHAs) located within PDDs (PDD
PHAs).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
E:\FR\FM\17APN2.SGM
17APN2
27644
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
PHA
Hawaii Public Housing Authority ................................
Date signed
9/18/2023
• Regulation: 24 CFR 5.801 Uniform
Financial Reporting.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
PHA
lotter on DSK11XQN23PROD with NOTICES2
Hawaii Public Housing Authority ................................
9/18/2023
19:15 Apr 16, 2024
Jkt 262001
9/18/2023
9/29/2023
• Regulation: 24 CFR 905.322(b) Fiscal
Closeout.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
PHA
9/18/2023
• Regulation: 24 CFR 905.314 (b) –(c) (Cost
and Other Limitations; Maximum Project
Cost; TDC Limit).
Project/Activity: HUD published FR–6301–
N–0:1 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
Frm 00026
Fmt 4701
Sfmt 4703
Date signed
Hawaii Public Housing Authority ................................
9/18/2023
• Regulation: 24 CFR 905.314(j) (Cost and
Other Limitations; Types of Labor).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
Date signed
Hawaii Public Housing Authority ................................
PO 00000
PHA
Date Signed
Hawaii Public Housing Authority ................................
Live Oak Housing Authority ..
Date signed
• Regulation: 24 CFR 902 Public Housing
Assessment.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
VerDate Sep<11>2014
PHA
PHA
Date
signed
Hawaii Public Housing Authority ..
9/18/2023
• Regulation: 24 CFR 960.202(c)(1) Tenant
Selection Policies.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
E:\FR\FM\17APN2.SGM
17APN2
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
PHA
Date
signed
PHA
Date
signed
PHA
Date
signed
County of Maui Housing Authority
9/18/2023
Hawaii Public Housing Authority ..
County Maui Housing Authority ....
9/18/2023
9/18/2023
Hawaii Public Housing Authority ..
County of Maui Housing Authority
9/18/2023
9/18/2023
• Regulation: 24 CFR 982.206(a) (2)
Waiting List; Opening and Closing; Public
Notice.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
lotter on DSK11XQN23PROD with NOTICES2
27645
PHA
Date
signed
Hawaii Public Housing Authority ..
9/18/2023
• Regulation: 24 CFR 982.503(c) (HUD
approval of exception payment standard
amount).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street, SW Suite 3180,
Washington, DC 20410–5000, or email PIH_
Disaster_Relief@hud.gov.
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
• Regulation: 24 CFR 982.401(d) Housing
Quality Standards; Space and Security.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian
Housing, 451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
PHA
Date
signed
Hawaii Public Housing Authority ..
County of Maui Housing Authority
9/18/2023
9/18/2023
• Regulation: 24 CFR 984.303(d) Contract
of Participation: Contract Extension.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
PO 00000
Frm 00027
Fmt 4701
Sfmt 4703
• Regulation: 24 CFR 985 (SEMAP).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email to PIH_
Disaster_Relief@hud.gov.
PHA
Date
signed
County of Hawaii ..........................
Hawaii Public Housing Authority ..
9/18/2023
9/18/2023
• Regulation: Notice PIH 2018–24, Section
8 (c) Verification of Social Security Notice
(SSN).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
E:\FR\FM\17APN2.SGM
17APN2
27646
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
PHA
Date
signed
Hawaii Public Housing Authority ..
County of Maui Housing Authority
9/18/2023
9/18/2023
lotter on DSK11XQN23PROD with NOTICES2
• Regulation: 24 CFR 970.15(b)(1)(ii)
Specific Criteria for HUD Approval of Demo
Request.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD 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).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
VerDate Sep<11>2014
19:15 Apr 16, 2024
Jkt 262001
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410–5000, or email to
PIH_Disaster_Relief@hud.gov.
PHA
Date
signed
Hawaii Public Housing Authority ..
9/18/2023
• Regulation: 24 CFR 970.15(b) (2) Specific
Criteria for HUD Approval of Demo Request.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General
Deputy Assistant for Public and Indian
Housing.
Reason Waived: HUD established an
expedited process for waivers and
flexibilities from regulatory and
administrative requirements during
Presidentially Declared Disasters (PDDs). To
respond to PDDs, HUD establishes an
expedited process for the review of waiver
requests and flexibilities for calendar years
(CY) 2022 and 2023, for Public Housing
PO 00000
Frm 00028
Fmt 4701
Sfmt 9990
Agencies (PHAs) located within PDDs (PDD
PHAs).
Contact: Tesia Anyanaso, Office of Field
Operations/Coordination and Compliance
Division, Office of Public and Indian Housing
451 Seventh Street SW, Suite 3180,
Washington, DC 20410, or email PIH_
Disaster_Relief@hud.gov.
PHA
Date
signed
Hawaii Public Housing Authority ..
9/18/2023
[FR Doc. 2024–07956 Filed 4–16–24; 8:45 am]
BILLING CODE 4210–67–P
E:\FR\FM\17APN2.SGM
17APN2
Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27620-27646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07956]
[[Page 27619]]
Vol. 89
Wednesday,
No. 75
April 17, 2024
Part IV
Department of Housing and Urban Development
-----------------------------------------------------------------------
Notice of Regulatory Waiver Requests Granted for the Third Quarter of
Calendar Year 2023; Notice
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 /
Notices
[[Page 27620]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6395-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
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 July 1, 2023 and ending on September 30, 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 10282, Washington, DC 20410-
0500, telephone (202) 708-5300 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities.
To learn more about how to make an accessible telephone call,
please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the third quarter of calendar year 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 July
1, 2023 through September 30, 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 third quarter of calendar
year 2023) before the next report is published (the fourth quarter of
calendar year 2023), HUD will include any additional waivers granted
for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Benjamin Klubes,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2023 Through
September 30, 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.
Regulation: 24 CFR 93.400(d)(2). Project/Activity: The
State of Rhode Island requested a waiver of 24 CFR 93.400(d)(2) to
extend the expenditure deadline for its Fiscal Year 2017 grant funds
which are currently committed to a 70-unit mixed-income rental
development project, designated as activity #5867 in HUD's
Integrated Disbursement and Information System (IDIS).
Nature of Requirement: The regulation at 24 CFR 93.400(d)(2)
requires HUD to reduce or recapture any fiscal year grant funds in
the State's HTF Treasury account that are not expended within 5
years after the date of HUD's execution of the HTF grant agreement.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 3, 2023.
Reason Waived: The Department determined that there is
sufficient good cause
[[Page 27621]]
to grant a waiver of the requirement in 24 CFR 93.400(d)(2) to
reduce or recapture the State's FY 2017 HTF funds committed to IDIS
activity #5867 due to project delays caused by the increase in
construction costs that were beyond the State's control. This waiver
will extend the expenditure deadline for the State's FY 2017 HTF
funds until January 24, 2024, which enable the State to retain HTF
funds committed to the project and prevent the potential loss of
affordable units if the project loses necessary funds for
completion.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: Contra Costa County, San Joaquin County, and
the City of Palmdale, California requested waivers of 24 CFR
92.252(d)(1) to allow the use of the utility allowance established
by the local public housing agency (PHA) for three HOME-assisted
projects: Galindo Terrace Apartments (Contra Costa County, CA),
Stone Pine Meadows Apartments (San Joaquin County, CA), and Juniper
Grove Apartments (Palmdale, CA).
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: July 7, 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 to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The City of Fargo, North Dakota requested a
waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance
established by the local public housing agency (PHA) for Elliott
Place Four, a HOME-assisted project.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 18, 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 to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster areas for the severe storms and
flooding in Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: 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. 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 July 27, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
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 M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 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 PJ, for a period of 24 months after July 27, 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 July 27, 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 July 27, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room
[[Page 27622]]
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 for the severe storms and flooding in
Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 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 July 27,
2023. 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.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas for the severe storms and flooding in Vermont (DR-7420-VT).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: 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. 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 July 27, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas for the wildfires in Hawaii (DR-4724-HI).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: 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. 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 August 14, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
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 M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 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.
[[Page 27623]]
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 PJ, for a period of 24 months after August 14,
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 August 14, 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 August 14, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.222(b)(1).
Project/Activity: HOME funds expended by the State participating
jurisdiction for projects located in the declared-disaster areas for
the wildfires in Hawaii (DR-4724-HI).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 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 all HOME funds expended by the State
on projects in the declared-disaster areas, rather than on an case-
by-case basis, will relieve administrative and financial burden on
the affected participating jurisdiction 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
the State participating jurisdiction for projects located in the
declared-disaster areas from October 1, 2022, through September 30,
2024.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 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 August 14,
2023. 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.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas for the wildfires in Hawaii (DR-4724-HI).
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 M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 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 August 14, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster area for Hurricane Idalia in
Florida (DR-4734-FL).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver permits the participating
jurisdictions 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: 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. These waivers are only available to
participating jurisdictions within the declared-disaster areas or
the 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
[[Page 27624]]
inaccessible by the disaster and remains in effect for six months
from September 18, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
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 M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 the
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 PJ, for a period of 24 months after September 18,
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 September 18, 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 September 18, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas for Hurricane Idalia in Florida (DR-4734-
FL).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
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.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 September
18, 2023. 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.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas for Hurricane Idalia in Florida (DR-4734-FL).
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 M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 September 18, 2023. The
grantee or, as appropriate, HTF project owner, is required to
maintain: (1) a record of FEMA registration to demonstrate
[[Page 27625]]
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, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i), and 24 CFR 91.401
Project/Activity: The State of Vermont and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4720-VT) seeking to
expedite action in response to severe storms and flooding, 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-4720-VT, dated July 14,
2023, as may be amended (the ``Vermont declared-disaster areas'')
and is limited to facilitating preparation of substantial amendments
to FY 2023 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: July 27, 2023.
Reason Waived: Several CPD grantees were affected by severe
storms and flooding that hit Vermont and received a major disaster
declaration on July 14, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Vermont 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, Office of 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 Vermont and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Vermont declared-disaster areas (see DR-4720-VT)
seeking to expedite action in response to severe storms and
flooding, upon notification to the Community Planning and
Development Director in its respective HUD Field Office. This
authority is in effect for grantees within the Vermont declared-
disaster areas and is limited to facilitating preparation of
substantial amendments to FY 2023 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: July 27, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe storms and flooding that hit Vermont and received
a major disaster declaration on July 14, 2023. As a result of
substantial property loss and destruction, many individuals and
families residing in the Vermont 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, Office of 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 Vermont severe storms and
flooding.
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: July 27, 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 storms and
flooding. The waiver will allow CDBG grantees, including grantees
providing assistance to evacuees outside the Vermont declared-
disaster areas, to pay for the basic daily needs of individuals and
families affected by the severe storms and flooding on an interim
basis. This authority is in effect through the end of the grantee's
2024 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, Office of 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 Hawaii and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4724-HI) seeking to
expedite action in response to wildfires, 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-4724-HI, dated August 10, 2023, as may be amended
(the ``Hawaii declared-disaster areas'') and is limited to
facilitating preparation of substantial amendments to FY 2023 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 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: August 14, 2023.
Reason Waived: Several CPD grantees were affected by wildfires
that hit Hawaii and received a disaster declaration on August 10,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the Hawaii 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, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
[[Page 27626]]
Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Hawaii and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Hawaii declared-disaster areas (see DR-4724-HI)
seeking to expedite action in response to wildfires, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees within the Hawaii declared-disaster areas and is limited to
facilitating preparation of substantial amendments to FY 2023 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: August 14, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by wildfires that hit Hawaii and received a major disaster
declaration on August 10, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Hawaii 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, Office of 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 Hawaii wildfires.
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: August 14, 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 wildfires. The waiver
will allow CDBG grantees, including grantees providing assistance to
evacuees outside the Hawaii declared-disaster areas, to pay for the
basic daily needs of individuals and families affected by the
wildfires on an interim basis. This authority is in effect through
the end of the grantee's 2024 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, Office of 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 Florida and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area seeking to expedite action in
response to Hurricane Idalia, 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-4734-FL, dated August 31, 2023, as may be amended
(the ``Florida declared-disaster areas'') and is limited to
facilitating preparation of substantial amendments to FY 2023 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 a 30-day public
comment period in the development of a consolidated plan and prior
to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Several CPD grantees were affected Hurricane
Idalia and received a major disaster declaration on August 31, 2023.
As a result of substantial property loss and destruction, many
individuals and families residing in the Florida 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, Office of 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 Florida and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Florida declared-disaster areas (see DR-4734-FL)
seeking to expedite action in response to Hurricane Idalia, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees within the Florida declared-disaster areas and is limited
to facilitating preparation of substantial amendments to FY 2023 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: September 18, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by Hurricane Idalia that received a major disaster
declaration on August 31, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Florida 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, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Hurricane Idalia.
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.
[[Page 27627]]
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 Hurricane Idalia. The
waiver will allow CDBG grantees, including grantees providing
assistance to evacuees outside the Florida declared-disaster areas,
to pay for the basic daily needs of individuals and families
affected by Hurricane Idalia on an interim basis. This authority is
in effect through the end of the grantee's 2024 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, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.
Mega-Waiver for Vermont Severe Storms and Flooding--Housing
Opportunities for Persons Withs AIDS (HOPWA) Program
On July 27, 2023, HUD issued an updated 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 Vermont severe storms
and flooding in areas covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR-4720-VT, dated July 14, 2023, as
may be amended (the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet
HOPWA habitability standards within 60 days of the date of July 27,
2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum
Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on July 27, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. Grantees and project sponsors must still ensure the
reasonableness of rent charged for units in the declared-disaster
areas in accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of July 27, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 27, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
[[Page 27628]]
Mega-Waiver for Hawaii Wildfires--Housing Opportunities for Persons
Withs AIDS (HOPWA) Program
On August 14, 2023, HUD 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 Hawaii wildfires in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4724-HI, dated August 10, 2023, as may be amended
(the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet
HOPWA habitability standards within 60 days of the date of August
14, 2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum
Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on August 14, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. Grantees and project sponsors must still ensure the
reasonableness of rent charged for units in the declared-disaster
areas in accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of August 14, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 14, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Mega-Waiver for Hurricane Idalia--Housing Opportunities for Persons
Withs AIDS (HOPWA) Program
On September 18, 2023, HUD issued a memorandum offering waivers
of certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from Hurricane Idalia in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4734-FL, dated August 31, 2023, as may be amended
(the ``declared-disaster areas'').
Regulation: 24 CFR 574.310(b)(2),
Habitability Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions listed under
table 65 on pages 292-294 of the NSPIRE standards at: www.hud.gov/sites/dfiles/PIH/documents/6092-N-05nspire_final_standards.pdf.
Grantees must ensure that these units meet HOPWA habitability
standards within 60 days of the date of September 18, 2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and
[[Page 27629]]
community residences; project or tenant-based rental assistance; or
operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on September 18, 2023, for any individual or family who is renting
or executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. Grantees and project sponsors must still ensure the
reasonableness of rent charged for units in the declared-disaster
areas in accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of May 17, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, [email protected].
I. Mega-Waiver for Vermont Severe Storms and Floods--CoC
On July 27, 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 and floods in areas of
Vermont covered by a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4720-VT, dated July 14, 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 issuance 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 issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
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: July 27, 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 issuance 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.
[[Page 27630]]
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 issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, 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: July 27, 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 of the
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
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: July 27, 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 to provide transitional or
permanent supportive housing during the 2-year period beginning on
the date of the issuance 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. The waiver may be
used for program participants affected by the disaster, even if
they're residing outside of the disaster area.
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: July 27, 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 issuance 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. The waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
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: July 27, 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 above will allow recipient to house people impacted by
severe storms and flooding in Vermont 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.
[[Page 27631]]
II. Mega-Waiver for Vermont Severe Storms and Flooding--ESG
On July 27, 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 and floods in areas of
Vermont covered by a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4720-VT, dated July 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); 24
CFR 576.105(c) 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 and floods in Vermont; 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 issuance 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: July 27, 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 issuance 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 issuance 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: July 27, 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 and floods in Vermont. 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 issuance 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: July 27, 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 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: July 27, 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
[[Page 27632]]
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: July 27, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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 and floods in Vermont; 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 issuance 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: July 27, 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 Hawaii Wildfires--CoC
On August 14, 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 wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4724-HI, dated August 10, 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 issuance 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 issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
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: August 14, 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 issuance 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 of the issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, 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: August 14, 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
[[Page 27633]]
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
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
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: August 14, 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 to provide transitional or
permanent supportive housing during the 2-year period beginning on
the date of the issuance 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. The waiver may be
used for program participants affected by the disaster, even if they
are residing outside of the disaster area.
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: August 14, 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 issuance 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. The waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
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: August 14, 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 above will allow recipient to house people impacted by
wildfires in Hawaii 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.
Mega-Waiver for Hawaii Wildfires--ESG
On August 14, 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 wildfires in areas of Hawaii covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4724-HI, dated August 10, 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); 24
CFR 578.105(c) 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 wildfires
in areas of Hawaii; 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
issuance 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
[[Page 27634]]
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: August 14, 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 issuance 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 issuance 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: August 14, 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 wildfires
in Hawaii. 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 issuance 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: August 14, 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 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: August 14, 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: August 14, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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
wildfires in Hawaii; 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
[[Page 27635]]
relocation stabilization services within two years after the date of
the issuance 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: August 14, 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.
Mega-Waiver for Hurricane Idalia--CoC and YHDP
On September 18, 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 Hurricane Idalia covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4734-FL, dated August 31, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for CoC Program Recipients.
CoC and YHDP--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 issuance 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 issuance of the waiver. The waiver may be used for program
participants affected by the disaster, even if they are residing
outside of the disaster area.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 issuance 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 and YHDP--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 issuance of the waiver for
program participants affected by the disaster, even if they are
residing outside of the disaster area, so long as the initial lease
term of all leases is for more than one month, and the leases are
renewable for terms that are a minimum of one month long and the
leases are terminable only for cause.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 and YHDP--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
issuance of the waiver for program participants affected by the
disaster, even if they are residing outside of the disaster area.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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
[[Page 27636]]
7262, Washington, DC 20410, telephone (202) 708-4300.
CoC and YHDP--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 to provide transitional or
permanent supportive housing during the 2-year period beginning on
the date of the issuance 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. The waiver may be
used for program participants affected by the disaster, even if they
are residing outside of the disaster area.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 and YHDP--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 issuance 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. This waiver may be used for program participants
affected by the disaster, even if they are residing outside of the
disaster area.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 above will allow recipient to house people impacted by
Hurricane Idalia 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.
Mega-Waiver for Hurricane Idalia--ESG
On September 18, 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 Hurricane Idalia covered by a
major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4734-FL, dated August 31, 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); 24
CFR 576.105(c); and 24 CFR 576.105(b)(2) Term limits on Rental
Assistance and Housing Relocation and Stabilization Services
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
(1) the individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of Hurricane
Idalia; 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
issuance 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: September 18, 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 issuance 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 issuance 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
[[Page 27637]]
reasonableness, as established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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 Hurricane
Idalia. 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 issuance 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: September 18, 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 applicable state and local standards; (2) Each shelter must be
free of life-threatening conditions defined in Notice PIH 2017-20
(HA); and (3) Recipients ensure that these shelters
Nature of Requirement: If ESG funds are used for shelter
operations costs, the shelter must meet the minimum safety,
sanitation and privacy standards under 24 CFR 576.403(b). If ESG
funds are used to convert a building into a shelter, rehabilitation
a shelter, or otherwise renovate a shelter, the shelter must meet
the minimum safety, sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local government safety
and sanitation standards.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 18, 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: September 18, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
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
Hurricane Idalia; 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 issuance 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: September 18, 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.
CoC Waivers
Regulation: 24 CFR 578.75(b)(1).
Nature of Requirement: Regulations at 24 CFR 578.75(b)(1)
require that the recipient or subrecipient must physically inspect
each unit to assure that the unit meets HQS prior to providing
assistance on behalf of the program participant.
Requesting organization: Housing Authority of the City of Los
Angeles and Los Angeles County Development Authority
[[Page 27638]]
Grants Affected:
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CA0335L9D002114 CA1224L9D002109 CA1500L9D002207 CA0339L9D002114
CA0336L9D002114 CA0328L9D002108 CA1337L9D002208 CA0365L9D002114
CA0783L9D002113 CA0798L9D002113 CA1106L9D002207 CA0421L9D002114
CA0916L9D002112 CA1339L9D002107 CA1340L9D002208 CA0465L9D002114
CA0917L9D002112 CA0473L9D002114 CA1492L9D002207 CA0742L9D002114
CA1220L9D002109 CA0799L9D002113 CA1689L9D002205 CA0792L9D002113
CA0407L9D002114 CA0996L9D002107 CA0997L9D002207 CA0800L9D002113
CA1594L9D002105 CA1049L9D002111 CA0420L9D002215 CA0860L9D002107
CA1341L9D002107 CA1050L9D002111 CA0920L9D002213 CA0913L9D002112
CA1491L9D002106 CA0329L9D002108 CA0438L9D002215 CA0914L9D002112
CA0391L9D002114 CA0474L9D002114 CA0444L9D002215 CA0915L9D002112
CA0392L9D002114 CA0995L9D002106 CA0445L9D002215 CA0998L9D002106
CA0395L9D002114 CA1595L9D002105 CA1110L9D002207 CA1046L9D002111
CA0324L9D002109 CA1490L9D002106 CA0464L9D002215 CA1104L9D002105
CA0393L9D002114 CA1112L9D002106 CA0797L9D002214 CA1109L9D002105
CA0405L9D002114 CA0519L9D002114 CA1051L9D002212 CA1157L9D002110
CA0862L9D002107 CA0923L9D002112 CA1217L9D002210 CA1158L9D002110
CA1500L9D002106 CA0335L9D002215 CA1224L9D002210 CA0920L9D002112
CA1337L9D002107 CA0336L9D002215 CA0798L9D002214 CA0438L9D002114
CA1106L9D002106 CA0783L9D002214 CA1339L9D002208 CA0444L9D002114
CA1340L9D002107 CA0916L9D002213 CA0473L9D002215 CA0445L9D002114
CA1492L9D002106 CA0917L9D002213 CA0799L9D002214 CA1110L9D002106
CA1689L9D002104 CA1220L9D002210 CA0996L9D002208 CA0464L9D002114
CA0997L9D002106 CA0407L9D002215 CA1049L9D002212 CA0797L9D002113
CA0420L9D002114 CA1594L9D002206 CA1050L9D002212 CA1051L9D002111
CA1217L9D002109 CA1219L9D002210 CA1342L9D002208 CA1046L9D002212
CA1504L9D002207 CA0465L9D002215 CA1159L9D002211 CA0329L9D002209
CA1343L9D002208 CA0339L9D002215 CA1505L9D002207 CA0474L9D002215
CA1344L9D002208 CA0792L9D002214 CA1218L9D002210 CA0995L9D002207
CA0519L9D002215 CA0998L9D002207 CA1158L9D002211 CA1595L9D002206
CA0923L9D002213 CA0742L9D002215 CA1157L9D002211 CA1490L9D002207
CA1109L9D002206 CA1112L9D002207 CA1159L9D002110 CA1597L9D002105
CA1503L9D002207 CA1502L9D002106 CA1218L9D002109 CA1687L9D002104
CA1341L9D002208 CA1503L9D002106 CA1219L9D002109 CA1688L9D002104
CA1491L9D002207 CA1504L9D002106 CA1342L9D002107 CA0365L9D002215
CA0391L9D002215 CA1505L9D002106 CA1343L9D002107 CA0914L9D002213
CA0392L9D002215 CA1596L9D002105 CA1344L9D002107 CA0405L9D002215
CA0395L9D002215 CA0324L9D002210 CA0393L9D002215 .......................
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Project/Activity: Homelessness in Los Angeles County is at
crisis levels with over 66,000 unsheltered individuals as of the
last regional homeless count in early 2022. Unsheltered individuals
have a significantly increased risk of mortality; the LA Times
reported that an average of five people experiencing homelessness
died on the streets of LA each day in 2022. The Mayor of the City of
Los Angeles and the Los Angeles County Board of Supervisors declared
states of emergency on homelessness for their jurisdictions and are
seeking ways to house individuals and families experiencing
homelessness as quickly as possible. The inspection process for
units currently takes approximately two weeks and can prevent
individuals from leasing-up apartments given the tight rental
market.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Waiving the requirement for an initial unit
inspection assists people experiencing homelessness to move into
housing in an expedient manner and is crucial to ending the
homelessness crisis in Los Angeles.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 578.103(a)(7).
Nature of Requirement: Regulations at 24 CFR 578.103(a)(7)
require that, for each program participant who receives housing
assistance where rent or an occupancy charge is paid by the program
participant, the recipient or subrecipient must collect and keep
documentation of the program participant's income. The regulation
establishes an order of preference for the type of documentation
that recipients or subrecipients can rely on.
Requesting Organization: Housing Authority of the City of Los
Angeles and Los Angeles County Development Authority.
Grants Affected:
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CA0335L9D002114 CA1224L9D002109 CA1500L9D002207 CA0339L9D002114
CA0336L9D002114 CA0328L9D002108 CA1337L9D002208 CA0365L9D002114
CA0783L9D002113 CA0798L9D002113 CA1106L9D002207 CA0421L9D002114
CA0916L9D002112 CA1339L9D002107 CA1340L9D002208 CA0465L9D002114
CA0917L9D002112 CA0473L9D002114 CA1492L9D002207 CA0742L9D002114
CA1220L9D002109 CA0799L9D002113 CA1689L9D002205 CA0792L9D002113
CA0407L9D002114 CA0996L9D002107 CA0997L9D002207 CA0800L9D002113
CA1594L9D002105 CA1049L9D002111 CA0420L9D002215 CA0860L9D002107
CA1341L9D002107 CA1050L9D002111 CA0920L9D002213 CA0913L9D002112
CA1491L9D002106 CA0329L9D002108 CA0438L9D002215 CA0914L9D002112
CA0391L9D002114 CA0474L9D002114 CA0444L9D002215 CA0915L9D002112
CA0392L9D002114 CA0995L9D002106 CA0445L9D002215 CA0998L9D002106
CA0395L9D002114 CA1595L9D002105 CA1110L9D002207 CA1046L9D002111
[[Page 27639]]
CA0324L9D002109 CA1490L9D002106 CA0464L9D002215 CA1104L9D002105
CA0393L9D002114 CA1112L9D002106 CA0797L9D002214 CA1109L9D002105
CA0405L9D002114 CA0519L9D002114 CA1051L9D002212 CA1157L9D002110
CA0862L9D002107 CA0923L9D002112 CA1217L9D002210 CA1158L9D002110
CA1500L9D002106 CA0335L9D002215 CA1224L9D002210 CA0920L9D002112
CA1337L9D002107 CA0336L9D002215 CA0798L9D002214 CA0438L9D002114
CA1106L9D002106 CA0783L9D002214 CA1339L9D002208 CA0444L9D002114
CA1340L9D002107 CA0916L9D002213 CA0473L9D002215 CA0445L9D002114
CA1492L9D002106 CA0917L9D002213 CA0799L9D002214 CA1110L9D002106
CA1689L9D002104 CA1220L9D002210 CA0996L9D002208 CA0464L9D002114
CA0997L9D002106 CA0407L9D002215 CA1049L9D002212 CA0797L9D002113
CA0420L9D002114 CA1594L9D002206 CA1050L9D002212 CA1051L9D002111
CA1217L9D002109 CA1219L9D002210 CA1342L9D002208 CA1046L9D002212
CA1504L9D002207 CA0465L9D002215 CA1159L9D002211 CA0329L9D002209
CA1343L9D002208 CA0339L9D002215 CA1505L9D002207 CA0474L9D002215
CA1344L9D002208 CA0792L9D002214 CA1218L9D002210 CA0995L9D002207
CA0519L9D002215 CA0998L9D002207 CA1158L9D002211 CA1595L9D002206
CA0923L9D002213 CA0742L9D002215 CA1157L9D002211 CA1490L9D002207
CA1109L9D002206 CA1112L9D002207 CA1159L9D002110 CA1597L9D002105
CA1503L9D002207 CA1502L9D002106 CA1218L9D002109 CA1687L9D002104
CA1341L9D002208 CA1503L9D002106 CA1219L9D002109 CA1688L9D002104
CA1491L9D002207 CA1504L9D002106 CA1342L9D002107 CA0365L9D002215
CA0391L9D002215 CA1505L9D002106 CA1343L9D002107 CA0914L9D002213
CA0392L9D002215 CA1596L9D002105 CA1344L9D002107 CA0405L9D002215
CA0395L9D002215 CA0324L9D002210 CA0393L9D002215 .......................
----------------------------------------------------------------------------------------------------------------
Project/Activity: The preferred method of documenting income is
source documentation. If source documents are unobtainable, a
written statement by the relevant third party or the written
certification of the recipient's or subrecipient's intake staff of
the relevant third party's oral verification of the income the
program participant received over the most recent period is
required. Regulations allow that, to the extent that source
documents and third-party verification are unobtainable, the program
participant can self-certify their anticipated income for the next
three months. The requirement at 24 CFR 578.103(a)(7) to first seek
source documentation and third-party verification of income is
waived for existing grants with the grant numbers listed to allow
the recipients to self-certify the income the program participant
expects to receive over the 3-month period.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: Individuals experiencing homelessness are
unlikely to have the required documentation for annual income
readily available and this documentation can be difficult to obtain
quickly. Waiving the requirement to first seek source documentation
and third-party verification of income will streamline the annual
income process, allowing HACLA and LACDA to house individuals more
quickly.
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.
Fair Market Rent (FMR) Cap on Rent Paid with Leasing Funds
Regulation: 24 CFR 578.49(b)(2).
Nature of Requirement: CoC Program regulations at 24 CFR
578.49(b)(2) states, ``When grants are used to pay rent for
individual housing units, 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. In addition, the rents may not exceed rents
currently being charged for comparable units, and the rent paid may
not exceed HUD-determined fair market rents.''
Requesting Organization: St. Vincent's Medical Center.
Grants Affected: CT0083L1E032215 and CT0041L1E032215.
Project/Activity: Regulations at 24 CFR 578.49(b)(2) require
that leasing funds used to pay rent may not exceed the HUD-
determined fair market rent in place at the time of lease execution.
The above organization requested a waiver of the FMR requirements at
24 CFR 578.49(b)(2) so that it may provide CoC Program Permanent
Supportive Housing assistance to program participants in housing
units with rents that exceed the FMR amount for the Bridgeport, CT
Metro Area but meet the reasonable rent standards. This waiver is
necessary because the Bridgeport service area continues to see
inflationary increases in housing costs, resulting in the lack of
safe affordable rental options. Additionally, existing leases are
seeing rent increases that exceed FMR at lease renewal.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 1, 2023.
Reason Waived: The organization sufficiently documented the
recipient's inability to adequately house program participants under
the current rental market conditions within the Bridgeport, CT HUD
Metropolitan area using current FMR restrictions. The organization
may use leasing funds to pay 100% of the cost of rent for units with
gross rents that exceed HUD established FMR rates, so long as the
gross rent reasonable rent standards are met.
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 Waivers
A. Extension of ESG-CV Expenditure Deadline
Regulation: Section V.A.1 of Notice CPD-22-06.
Requestor: Allegheny County.
Project/Activity: HUD granted a waiver of the September 30,
2023, deadline that Section V.A.1 of Notice CPD-22-06 established
for completing all ESG-CV expenditures, except for certain closeout-
related expenditures and expenditures of reallocated ESG-CV amounts,
in the September 27, 2023 memorandum: Allegheny County's Request for
Waiver of ESG-CV Expenditure Deadline Established by Notice CPD-22-
06, Section V.A.1. HUD waived the applicable requirements to the
extent necessary to specify an alternative requirement that the
recipient shall expend all ESG-CV funding by December 31, 2023.
Nature of Requirement: Section V.A.1 of Notice CPD-22-06
established a deadline of September 30, 2023 for completing all ESG-
CV expenditures, except for certain closeout-related expenditures
and expenditures of reallocated ESG-CV amounts.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 27, 2023.
Reason Waived: Waiving the September 30, 2023 expenditure
deadline is necessary to prevent, prepare for, and respond to
coronavirus, because the rate of COVID-19 infections has increased
dramatically in the past several weeks in Allegheny County and is
projected to increase through the fall. The recipient's emergency
shelter renovation project is needed to add 25 new emergency
[[Page 27640]]
shelter beds for individuals experiencing unsheltered homelessness
within the community.
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.
Extension of ESG-CV Expenditure Deadline
Regulation: Section V.A.1 of Notice CPD-22-06.
Requestor: State of California.
Project/Activity: HUD granted a waiver of the September 30,
2023, deadline that Section V.A.1 of Notice CPD-22-06 established
for completing all ESG-CV expenditures, except for certain closeout-
related expenditures and expenditures of reallocated ESG-CV amounts,
in the September 29, 2023 memorandum: State of California's Request
for Waiver of ESG-CV Expenditure Deadline Established by Notice CPD-
22-06, Section V.A.1. HUD waived the applicable requirements to the
extent necessary to specify an alternative requirement that the
recipient shall expend all ESG-CV funding by June 30, 2024.
Nature of Requirement: Section V.A.1 of Notice CPD-22-06
established a deadline of September 30, 2023 for completing all ESG-
CV expenditures, except for certain closeout-related expenditures
and expenditures of reallocated ESG-CV amounts.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 29, 2023.
Reason Waived: Waiving the September 30, 2023 expenditure
deadline is necessary to prevent, prepare for, and respond to
coronavirus, not only because of the increasing number of
coronavirus infections and hospitalizations in the State of
California, but also because of the 6 percent rise in homelessness
in the State from 2020 through 2022.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 200.54(b) Property Development,
2023.
Project/Activity: Extension of Partial Waiver of Requirement of
24CFR 200.54(b)--Multifamily Loan Disbursements.
Nature of Requirement: The regulation requires A partial waiver
of the ``. . . must be disbursed in full . . .'' requirement is
necessary for the covered projects to allow mortgagees to securitize
the initial draw contemporaneously with borrower equity funding to
establish the mortgage-backed security and fulfill investor trade
agreements. The initial FHA-insured draw cannot not exceed one half
percent (0.5%) of the initially endorsed loan amount. In practice,
this initial draw is typically $25,000. The Department requires, in
24 CFR 200.54(b), that ``funds provided by the mortgagor under
requirements of this section must be disbursed in full for project
work, material, and incidental charges and expenses before
disbursement of any mortgage proceeds. . . .'' Essentially, borrower
equity is required to be fully disbursed before the disbursement of
any mortgage proceeds. Typically, all borrower equity is already
disbursed prior to Loan proceeds, as part of the initial draw. For
certain projects, the amount of Borrower equity exceeds the amount
of the initial draw to be disbursed at time of endorsement. This
presents a timing challenge because disbursing the equity as
construction activity occurs will take up to two months and mortgage
draw activity must be postponed in the meantime.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: July 5, 2023.
Reason Waived: The extension continues the waiver of the
requirement that an agreement acceptable to the Commissioner shall
require that funds provided by the mortgagor must be disbursed in
full for project work, material, and incidental charges, and
expenses before disbursement of any mortgage proceeds. This partial
waiver is being issued to allow the timely issuance of securities
guaranteed by the Government National Mortgage Association and is
limited to projects insured under Sections 213 and 221(d)(4) of the
National Housing Act. Without the partial waiver, lenders may be
unable to securitize loans or may be forced to implement unusual and
burdensome servicing practices to maintain compliance with the
regulation. The contract between mortgage lender and investor has
affirmative delivery dates; the initial securitized draw cannot be
delayed or contingent on borrower equity disbursements.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, 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 242.72.
Project/Activity: Onslow County Hospital Authority.
Nature of Requirement: 24 CFR 242.72 prohibits the leasing of a
hospital by a proposed borrower that seeks insurance through the
FHA's Section 242 program.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: August 11, 2023.
Reason Waived: Through its Lender, Onslow County Healthcare
Authority (OCHA), located in Jacksonville, North Caroline, applied
for Section 241 supplemental mortgage insurance. OCHA leases
property to Onslow Memorial Hospital (the Hospital), to operate a
162-bed general acute care hospital. A Regulatory Waiver 24 CFR
Sec. 242.72 is required to close the proposed loan because OCHA is
the Borrower and owns the hospital facility, but does not operate
the facility.
The waiver is necessary and appropriate in this narrow case, as
the Hospital and OCHA are closely related entities (the Hospital is
a component unit of OCHA). The two entities are functionally the
same (with the same management team and Board of Directors). The
Office of General Counsel has reviewed this request and has
concurred. Legal documents signed at closing will include controls
and protections that guard against the risk of lease arrangements.
The Office of Healthcare Programs is comfortable allowing the waiver
due to the relationship between OCHA and the Hospital, the creation
of the appropriate legal documents, as well as the strength and
history of OCHA and the Hospital. OCHA has one outstanding Section
242 loan, closed in 2006, using this same structure.
Contact: Paul Giaudrone, Underwriting Director, Office of
Hospital Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Washington DC 20410, telephone (202) 402-5684.
Regulation: 24 CFR 290.30(a).
Project/Activity: The owner of O'Fallon Place 1A Apartments,
located in St. Louis, Missouri requests HUD approval of the note
sale of two underlying HUD-held mortgages secured by the project to
Missouri Housing Development Corporation (MHDC), a unit of local
government, on a non-competitive, negotiated basis.
Nature of Requirement: HUD is required to sell HUD-held Notes on
a competitive basis pursuant to 24 CFR 290.30(a). However, as an
exception to this requirement, 24 CFR 290.31(a)(2), permits
``negotiated'' sales to state of local governments for current
mortgages securing subsidized projects, provided that loans are sold
with FHA insurance.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: August 10, 2023.
Reason Waived: To facilitate the sale of the two HUD-held Notes
a waiver of 24 CFR 290.30(a), which requires the HUD-held
multifamily mortgages to be sold competitively, is needed. This
waiver will allow HUD to accept the non-competitive bid made by MHDC
and will allow the pay-off of the HUD-held Notes to facilitate the
continued redevelopment of the project. Further, granting this
waiver will ensure that the Department obtains payment in full of
the HUD-held Notes and the preservation of this affordable housing.
The waiver of 24 CFR 290.30(a) does not violate any statutory
requirements, and the review findings constitute good cause for the
waiver, as required by 24 CFR 5.110.
Contact: Thomas R. Davis, Director of Office of
Recapitalization, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6228, Washington, DC 20410,
telephone (202) 402-7549.
Regulation: 24 CFR 880.608.
Project/Activity: The owner requested a waiver of 24 CFR 880.608
in order to enable
[[Page 27641]]
the owner to participate in a 3-year study conducted by Fannie Mae
to assess whether tenant payment of a security deposit has any
effect on property performance.
Nature of Requirement: An owner participating in certain
project-based Section 8 rental assistance programs administered by
the Office of Housing must require the payment of a security deposit
by each family selected to reside in an assisted unit, at the time
of initial execution of the lease.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner, Office of Housing.
Date Granted: July 31, 2023.
Reason Waived: The Office of Housing found that it is in the
public interest to allow for a time-limited study that will generate
a data-driven assessment of the effects on tenants, owners, and
properties from relieving tenants of the burden of paying a security
deposit. The waiver covers 64 properties.
Contact: Jennifer Lavorel, Director, Office of Asset Management
Portfolio Oversite, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Room 6180, Washington DC
20410, telephone (202) 402-2515.
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(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Richmond Redevelopment & Housing Authority
(RRHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 20, 2023.
Reason Waived: HUD granted RRHA additional time to submit its
audited financial statements due to unforeseen circumstances. HUD
granted RRHA anadditional 92 days from the due date of June 30,
2023, and has until September 30, 2023, to complete and submit its
FYE September 30, 2022, audited financial information to the
Department without receiving an LPF score.
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 905.400(i)(5)(i).
Nature of Requirement: 24 CFR 905.400(i)(5)(i), requires that
PHAs use RHF grant funds only for the development of public housing
units. Consequently, RHF cannot be used to renovate vacant public
housing units or for any modernization unless the Department grants
a waiver of 24 CFR 905.400(i)(5)(i) for good cause.
Project/Activity: New York City Housing Authority (NYCHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 28, 2023.
Reason Waived: HUD found that the funds available were
inadequate to develop new public housing units within the
expenditure deadline and NYCHA's proposed alternative use for this
funding will meet important modernization needs at these public
housing properties. HUD approved NYCHA's request for a waiver of 24
CFR 905.400(i)(5)(i) for the use of RHF funds to pay for
modernization work.
Contact: David Fleishman, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 4148, Washington DC 20410,
telephone (202) 402-2071.
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: DuPage Housing Authority (DHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: DHA indicates that its previous auditor abruptly
quit without written notification. The newly contracted auditor,
cannot complete the HUD audit by the deadline. HUD granted DHA until
September 30, 2023, to submit its 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 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Northern Marianas Housing Corporation (TQ901).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: NMHC indicates that its previous auditor
unexpectedly withdrew from the FY 2022 audit engagement and its new
auditor cannot complete and submit audited financial information to
HUD by the due date. NMHC is requesting additional time due to this
unforeseen circumstance. HUD granted an additional 123 days from the
due date of June 30, 2023, and has until October 31, 2023, for NMHC
to complete and submit its audited financial information for the FYE
September 31, 2022, 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 5.801(d)(1).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end.
Project/Activity: Potter County Housing and Redevelopment
Authority (PCHRA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHRA had to hire a new auditor suddenly due to
unforeseen circumstances. HUD granted an additional 183 days, and
has until September 30, 2023, to complete and submit its FYE June
30, 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 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Pinal County Housing Authority (AZ010).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 13, 2023.
Reason Waived: PCHA indicates that its financial
responsibilities have been delayed due to an unexpected staff change
and its audit will not be complete by March 31, 2023. HUD granted
PCHA until September 30, 2023, to complete and submit its 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 905.322(b)(1)(ii).
Nature of Requirement: Per 24 CFR 905.322(b)(1)(ii), the Actual
Modernization Cost Certificate (AMCC) for each grant is due no later
than 12 months after the expenditure deadline, but no earlier than
the obligation end date.
Project/Activity: Housing Authority of the City of Decatur
(HACD).
[[Page 27642]]
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 16, 2023.
Reason Waived: HUD determined that HACD's request provided good
cause for a waiver to submit the AMCC earlier than the obligation
end date, and as such, approves a waiver of 24 CFR 905.322(b)(1)(ii)
for HACD.
Contact: David Fleishman, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 4148, Washington, DC 20410,
telephone (202) 402-2071.
Regulation: 24 CFR 983.301(f)(2)(ii); 24 CFR 982.517.
Nature of Requirement: 24 CFR 982.517 requires that a housing
authority maintain a utility allowance schedule for all tenant-paid
utilities, and the utility allowance schedule must be determined
based on the typical cost of utilities and services paid by energy-
conservation households that occupy units of similar size and type
in the same locality. 24 CFR 983.301(f)(2)(ii) requires that housing
authorities may not establish or apply different utility allowance
amounts for the project-based voucher (PBV) program, and that the
same housing authority utility allowance schedule applies to both
tenant-based and PBV programs.
Project/Activity: New Bedford Housing Authority (NBHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 3, 2023.
Reason Waived: HUD determined that there is good cause to waive
the regulation as the utility allowance under the HCV program would
discourage conservation and lead to inefficient use of HAP funds.
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) 402-2071.
Regulation: 24 CFR 1000.336(d).
Nature of Requirement: The regulation states that the deadline
for submitting a challenge to the Census data used in computing the
FY 2025 IHBG formula allocation is March 30, 2024.
Project/Activity: Indian Housing Block Grant (IHBG).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 19, 2023.
Reason Waived: The IHBG regulation at 24 CFR 1000.336(d)
requires that Tribes and Tribally Designated Housing Entities
(TDHEs) submit documentation supporting Census challenges by March
30th to be considered for the upcoming fiscal year allocation.
However, the Census data used for computing the FY 2025 IHBG formula
allocation will not be available until September 29, 2023, which is
120 days after the June 1, 2023, standard deadline for distributing
this data to Tribes and TDHEs. As such, good cause exists to provide
additional time for Tribes and TDHEs to accommodate the delay in
data. Therefore, a waiver of the Census Challenge deadline and an
extension of the deadline to July 29, 2024, were granted to provide
Tribes and TDHEs with a similar amount of time as they had in prior
fiscal years to review their Census data.
Contact: Heidi Frechette, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 4148, Washington, DC 20410, telephone (202) 402-2071,
[email protected].
Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. In accordance with 24 CFR 5.801(d)(1),
agencies are to submit their audited financial statements no later
than nine months after the fiscal year end, otherwise agencies
receive a late presumptive failure (LPF) score of zero pursuant to
24 CFR 902.62(a)(3).
Project/Activity: Housing Authority of the City of St. Albans
(HACS).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 28, 2023.
Reason Waived: HACS stated that after Executive Director
turnover, issues were identified surrounding the files, maintenance,
resident relations, computers, and health and safety hazards.
Therefore, HACS was granted an additional 92 days from the due date
of September 30, 2023. HACS was granted until December 31, 2023, to
complete and submit its FYE December 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 982.505(c)(4) Increase in Payment
Standard During Housing Assistance Payment (HAP) Contract Term.
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.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: Under Notice PIH 2022-30, PHAs can apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide flexibility
during the pandemic recovery. HUD expeditiously responded to these
waiver requests in accordance with Section 106 of the Department of
Housing and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Extension
Code PHA name approved
------------------------------------------------------------------------
AR004.................... Housing Authority of the City 7/25/2023
of Little Rock.
CO049.................... Lakewood Housing Authority... 8/1/2023
FL005.................... Miami-Dade Housing Agency.... 8/16/2023
FL139.................... Winter Haven Housing 7/7/2023
Authority.
IL101.................... DuPage Housing Authority..... 8/1/2023
IN002.................... Vincennes Housing Authority.. 9/20/2023
IN037.................... Mount Vernon Housing 7/25/2023
Authority.
IN080.................... Housing Authority of the City 9/20/2023
of Noblesville.
MA022.................... Malden Housing Authority..... 8/16/2023
MA075.................... Reading Housing Authority.... 7/25/2023
MA085.................... Amherst Housing Authority.... 8/25/2023
NJ099.................... Bloomfield Township HA....... 8/1/2023
NM050.................... Housing Authority of the 7/25/2023
County of Santa Fe.
NY001.................... Syracuse Housing Authority... 8/1/2023
OH042.................... Geauga Metropolitan Housing 7/25/2023
Authority.
TX027.................... McKinney Housing Authority... 9/20/2023
TX062.................... Edinburg Housing Authority... 8/1/2023
UT021.................... St. George Housing Authority. 9/25/2023
VA018.................... Franklin Redevelopment And 8/11/2023
Housing Authority.
VA025.................... Suffolk Redevelopment And 7/25/2023
Housing Authority.
VT005.................... Barre Housing Authority...... 9/20/2023
[[Page 27643]]
WA054.................... HA of Pierce County.......... 8/25/2023
WI214.................... Dane County Housing Authority 9/25/2023
WV005.................... Housing Authority of the City 7/25/2023
of Parkersburg.
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(b) Voucher Tenancy: New
Payment Standard Amount.
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.
Project/Activity: Notice PIH 2022-30 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: Under Notice PIH 2022-30, PHAs can apply for
certain regulatory waivers that were originally offered as part of
the CARES Act waivers in Notice PIH 2021-14 to provide flexibility
during the pandemic recovery. HUD expeditiously responded to these
waiver requests in accordance with Section 106 of the Department of
Housing and Urban Development Reform Act of 1989.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
PHAs:
------------------------------------------------------------------------
2023 extension
Code PHA name approved
------------------------------------------------------------------------
AR004.................... Housing Authority of the City 7/25/2023
of Little Rock.
CO040.................... Delta Housing Authority...... 8/25/2023
CO049.................... Lakewood Housing Authority... 8/1/2023
FL005.................... Miami-Dade Housing Agency.... 8/16/2023
FL071.................... Lake Wales Housing Authority. 9/29/2023
FL139.................... Winter Haven Housing 7/25/2023
Authority.
IA130.................... Upper Explorer land Regional 8/16/2023
Housing Authority.
IL101.................... DuPage Housing Authority..... 8/1/2023
IL107.................... Housing Authority of the City 8/16/2023
of North Chicago, IL.
IN037.................... Mount Vernon Housing 7/25/2023
Authority.
IN080.................... Housing Authority of the City 9/20/2023
of Noblesville.
MA022.................... Malden Housing Authority..... 8/16/2023
MA075.................... Reading Housing Authority.... 7/25/2023
MA085.................... Amherst Housing Authority.... 8/25/2023
MO037.................... Housing Authority of the City 9/20/2023
of West Plains.
NJ099.................... Bloomfield Township HA....... 8/1/2023
NJ212.................... Hamilton Township HA......... 7/25/2023
NM020.................... Housing Authority of the City 7/25/2023
of Truth Or Consequences.
NM050.................... Housing Authority of the 7/25/2023
County of Santa Fe.
NY001.................... Syracuse Housing Authority... 8/1/2023
OH042.................... Geauga Metropolitan Housing 7/25/2023
Authority.
PA024.................... Easton Housing Authority..... 9/21/2023
PA026.................... Housing Auth Co of Lawrence.. 9/6/2023
SC911.................... SC State Housing Authority... 9/20/2023
TX027.................... McKinney Housing Authority... 9/20/2023
TX062.................... Edinburg Housing Authority... 8/1/2023
TX072.................... The Housing Authority of the 9/6/2023
City of Gainesville.
UT009.................... Davis Community Housing 9/20/2023
Authority.
UT016.................... Housing Authority of Carbon 9/6/2023
County.
UT021.................... St. George Housing Authority. 9/25/2023
VA017.................... Hampton Redevelopment & 7/25/2023
Housing Authority.
VA018.................... Franklin Redevelopment And 8/11/2023
Housing Authority.
VA025.................... Suffolk Redevelopment And 7/25/2023
Housing Authority.
VT005.................... Barre Housing Authority...... 9/20/2023
WA054.................... HA of Pierce County.......... 8/25/2023
WI214.................... Dane County Housing Authority 9/25/2023
WV005.................... Housing Authority of the City 7/25/2023
of Parkersburg.
------------------------------------------------------------------------
Regulation: 24 CFR 990.145(b) Public housing dwelling
units with approved vacancies.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27644]]
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 5.801 Uniform Financial Reporting.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 902 Public Housing Assessment.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date Signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
Live Oak Housing Authority.............................. 9/29/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.322(b) Fiscal Closeout.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314 (b) -(c) (Cost and Other
Limitations; Maximum Project Cost; TDC Limit).
Project/Activity: HUD published FR-6301-N-0:1 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
PHA Date signed
------------------------------------------------------------------------
Hawaii Public Housing Authority......................... 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 905.314(j) (Cost and Other
Limitations; Types of Labor).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 960.202(c)(1) Tenant Selection
Policies.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27645]]
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.206(a) (2) Waiting List; Opening
and Closing; Public Notice.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.503(c) (HUD approval of
exception payment standard amount).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street, SW Suite 3180, Washington, DC 20410-5000, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County Maui Housing Authority................................ 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 982.401(d) Housing Quality
Standards; Space and Security.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 984.303(d) Contract of
Participation: Contract Extension.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 985 (SEMAP).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email to
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
County of Hawaii............................................. 9/18/2023
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: Notice PIH 2018-24, Section 8 (c)
Verification of Social Security Notice (SSN).
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
[[Page 27646]]
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
County of Maui Housing Authority............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b)(1)(ii) Specific Criteria
for HUD Approval of Demo Request.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410-5000, or email
to [email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
Regulation: 24 CFR 970.15(b) (2) Specific Criteria for
HUD Approval of Demo Request.
Project/Activity: HUD published 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.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Reason Waived: HUD established an expedited process for waivers
and flexibilities from regulatory and administrative requirements
during Presidentially Declared Disasters (PDDs). To respond to PDDs,
HUD 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).
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451
Seventh Street SW, Suite 3180, Washington, DC 20410, or email
[email protected].
------------------------------------------------------------------------
Date
PHA signed
------------------------------------------------------------------------
Hawaii Public Housing Authority.............................. 9/18/2023
------------------------------------------------------------------------
[FR Doc. 2024-07956 Filed 4-16-24; 8:45 am]
BILLING CODE 4210-67-P