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Notice2021-14135

Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2021

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Published

July 2, 2021

Issuing agencies

Housing and Urban Development Department

Abstract

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on January 1, 2021 and ending on March 31, 2021.

Full Text

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<title>Federal Register, Volume 86 Issue 125 (Friday, July 2, 2021)</title>
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[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35315-35326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14135]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6268-N-01]

Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2021

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on January 1, 2021 and ending on March 31, 2021.

FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 10276, Washington, DC 20410-
0500, telephone 202-708-3055 (this is not a toll-free number). Persons
with hearing- or speech-impairments may access this number through TTY
by calling the toll-free Federal Relay Service at 800-877-8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the first quarter of calendar year 2021.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from
January 1, 2021 through March 31, 2021. 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.
Additionally, this notice includes waivers made pursuant to the
Coronavirus Aid, Relief and Economic Security Act (CARES Act), not
previously published in the Federal Register. These waivers are listed
separately from other individual waivers within each program office
grouping, as CARES Act waivers broadly covered all affected parties
rather than individual, case-by-case situations. The lists include
additional Memoranda and Notices issued regarding broad CARES Act
waivers provided by HUD since the enactment of the Act on March 27,
2020. In addition, the lists provide a short, two- or three-line
description of each memo or notice, identifying the specific CARES Act
authority and purpose of the waivers addressed therein.
Should HUD receive additional information about waivers granted
during the period covered by this report (the first quarter of calendar
year 2021) before the next report is published (the second quarter of
calendar year 2021), HUD will include any additional waivers granted
for the first quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.

Sasha Samberg-Champion,
Deputy General Counsel for Enforcement and Fair Housing.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2021 Through
March 31, 2021

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

[[Page 35316]]

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

Regulatory Waivers Granted by the Office of Community Planning and
Development (CPD)

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.

<bullet> Regulation: 24 CFR 91.105(b)(4), (c)(2), and (k); 24 CFR
91.115(b)(4), (c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any HUD Community Planning and Development (CPD)
grantee located in the counties included in the declared-disaster area
(see FEMA-DR-4586) seeking to expedite action in response to the 2021
Texas Severe Winter Weather, upon notification to the Community
Planning and Development Director in its respective HUD Field Office.
Nature of Requirement: The regulations at 24 CFR 91.105(b)(4),
(c)(2) and (k); 24 CFR 91.115(b)(4), (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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: Several Texas CPD grantees were affected by severe
winter weather that hit the state beginning February 11, 2021. As a
result of substantial property loss and destruction, many individuals
and families residing in the declared-disaster areas were displaced
from their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. Some individuals
and families continued to live in homes with habitability deficits,
particularly related to potable water. A Presidentially-declared
disaster declaration was issued on February 19, 2021, (FEMA-DR-4586)
and further amended through February 25, 2021; for the Texas severe
winter weather. 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: James E. H[ouml]emann, Director, Entitlement Communities
Division, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.

<bullet> Regulation: 24 CFR 570.201(e)(1) or (2) and 24 CFR
570.207(b)(4).
Project/Activity: Any CDBG Entitlement grantee assisting persons
and families who have registered with FEMA in connection with the
severe winter weather in Texas upon notification by the grantee to the
Community Planning and Development Director in its respective HUD Field
Office.
Nature of Requirement: The regulations at 24 CFR 570.201(e) and 24
CFR 570.207(b)(4) limit the amount of CDBG funds used for public
services to no more than 15 percent of each grant and prohibit the use
of CDBG funds for income payments except in the case of emergency grant
payments made for up to three consecutive months to a service provider,
respectively. Section 105(a)(8) sets forth the limitation of no more
than 15 percent of each grant to be used for public services.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: Several CDBG grantees, located within the declared-
disaster areas, were affected by the Texas severe winter weather. The
waiver granted will allow these grantees to expedite recovery efforts
for low and moderate income residents affected by this event; pay for
additional support services for affected individuals and families,
including, but not limited to, food, health, employment, and case
management services to help persons and families impacted by the
property loss and destruction caused by the severe winter weather; and
enable grantees to pay for the basic daily needs of individuals and
families affected by the severe winter weather on an interim basis.
Contact: James E. H[ouml]emann, Director, Entitlement Communities
Division, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-5716.

<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The City of Oakland, California, Los Angeles
County, California, San Diego County, California, and Contra Costa
County, California requested a waiver of 24 CFR 92.252(d)(1) to allow
use of the utility allowance established by local public housing agency
(PHA) for four HOME-assisted project--Redwood Hill Townhomes, Ramona
Seniors Development, Florence Apartments, and Tabora Gardens Senior
Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and update
the allowances annually. However, participating jurisdictions are not
permitted to use the utility allowance established by the local public
housing authority for HOME-assisted rental projects for which HOME
funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 6, 2021.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project-Based Voucher program requirements. It
is not possible to use two different utility allowances to set the rent
for a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowances for
HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The City of Palmdale, California and the City of
Eugene, Oregon 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 two HOME-assisted projects--Market District Commons and
Courson Arts Colony.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and update
the allowances annually. However, participating jurisdictions are not
permitted to use the utility allowance established by the local public
housing authority for HOME-assisted rental projects for which HOME
funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 6, 2021.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project-Based

[[Page 35317]]

Voucher program requirements. It is not possible to use two different
utility allowances to set the rent for a single unit and it is
administratively burdensome to require a project owner establish and
implement different utility allowances for HOME-assisted units and non-
HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2864.

<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Oakland County, Michigan 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 a HOME-assisted projects--
Carriage Place Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and update
the allowances annually. However, participating jurisdictions are not
permitted to use the utility allowance established by the local public
housing authority for HOME-assisted rental projects for which HOME
funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development, D.
Date Granted: January 14, 2021.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project-Based Voucher program requirements. It
is not possible to use two different utility allowances to set the rent
for a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowances for
HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Any housing units located in the areas under the
major disaster declaration of FEMA-DR-4586 (the ``declared-disaster
areas''), including the state participating jurisdiction, which were
damaged by the disaster and to which HOME funds are committed within
two years from the date of approval of the waiver.
Nature of Requirement: The regulation at 24 CFR 92.251 requires
that housing assisted with HOME funds meet property standards based on
the activity undertaken, 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. The lead housing safety regulations established in 24 CFR
part 35 are not waived.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: Several Texas CPD grantees were affected by severe
winter weather that hit the state of Texas beginning February 11, 2021.
As a result of substantial property loss and destruction, many
individuals and families residing in the declared-disaster areas were
displaced from their homes, including beneficiaries of various CPD
programs, and families eligible to receive CPD program assistance. Some
individuals and families continued to live in homes with habitability
deficits, particularly related to potable water. The President issued a
disaster declaration under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act for the Texas severe winter weather
on February 19, 2021, (FEMA-DR-4586), and further amended it through
February 25, 2021. The waiver is required to allow grantees to expedite
recovery efforts for low- and moderate-income residents affected by the
property loss and destruction resulting from this event.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Participating jurisdictions located in the
counties included in the declared-disaster areas in FEMA-DR-4586 that
are assisting families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster.
Nature of Requirement: The regulation at 24 CFR 92.203(a)(1) and
(2) require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months. Many
families whose housing was destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HOME assistance if the requirement remains effective.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: Several Texas CPD grantees were affected by severe
winter weather that hit the state beginning February 11, 2021. As a
result of substantial property loss and destruction, many individuals
and families residing in the declared-disaster areas were displaced
from their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. Some individuals
and families continued to live in homes with habitability deficits,
particularly related to potable water. The President issued a disaster
declaration under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act for the Texas severe winter weather on
February 19, 2021 (FEMA-DR-4586), and further amended it through
February 25, 2021. The waiver is required to allow grantees to expedite
recovery efforts for low- and moderate-income residents affected by the
property loss and destruction resulting from this event.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Families displaced by the disaster (as documented
by FEMA registration) whose income documentation was destroyed or made
inaccessible by the disaster.
Nature of Requirement: The regulation at 24 CFR 93.151(c) requires
initial income documentations for HTF beneficiaries by examining source
documentation for at least 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: Several Texas CPD grantees were affected by severe
winter weather that hit the state beginning February 11, 2021. As a
result of substantial property loss and destruction, many individuals
and families residing in the declared-disaster areas were displaced
from their

[[Page 35318]]

homes, including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. Some individuals and
families continued to live in homes with habitability deficits,
particularly related to potable water. The President issued a disaster
declaration under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act for the Texas severe winter weather on
February 19, 2021 (FEMA-DR-4586), and further amended it through
February 25, 2021. The waiver is required to allow grantees to expedite
recovery efforts for low- and moderate-income residents affected by the
property loss and destruction resulting from this event.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Santa Clara County and Contra Costa County
requested a waiver of 24 CFR 92.252(d)(1) to allow use of the utility
allowance established by the local public housing agency (PHA) for
three HOME-assisted projects- Met South Apartments, The Veranda, and
Veterans Square.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development, D.
Date Granted: March 8, 2021.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based-Voucher program requirements. It
is not possible to use two different utility allowances to set the rent
for a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowances for
HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable Housing
Programs, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 574.310(b)(2).
Project/Activity: This waiver of the Property Standards in 24 CFR
part 574 was provided with respect to the use of Housing Opportunities
for Persons With AIDS (HOPWA) funds to address the housing needs of
eligible families following the severe winter weather in Texas, for
which a disaster declaration was made in February 2021.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum housing quality standards that apply to
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: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: February 26, 2021.
Reason Waived: HUD determined that this waiver was necessary to
enable grantees and project sponsors to expeditiously meet the critical
housing needs of the many eligible families in the area covered by the
major disaster declared under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4586-
TX, dated February 19, 2021, as amended.
Applicability: The property standard 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 HQS
within 60 days of the date of this memorandum.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#9efff3e7b0f2b0eefff2f7f2f1f0f7eddef6ebfab0f9f1e8">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.310(b).
Project/Activity: This waiver of the HOPWA Property Standards was
provided with respect to the use HOPWA funds to address the housing
needs of eligible families under the unique circumstances of the COVID-
19 pandemic and the resulting economic upheaval in affected
communities.
Nature of Requirement: This section of the HOPWA regulations
provides that all housing assisted with 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 must meet the applicable housing quality
standards outlined in the regulations.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: On March 31, 2020 HUD waived the physical inspection
requirement for tenant-based rental assistance at 24 CFR 574.310(b) for
one year. On May 22, 2020 HUD waived the physical inspection
requirement for acquisition, rehabilitation, conversion, lease, or
repair; new construction of single room occupancy dwellings and
community residences; projector tenant-based rental assistance; or
operating costs for one year. Grantees and project sponsors continue to
report difficulty in conducting the initial inspection of units due to
social distancing guidelines. Extending these waivers until June 30,
2021 will allow grantees and project sponsors to quickly move
households into housing, which enables social distancing, and helps
prevent the spread of COVID-19. Additionally, grantees and project
sponsors will need time when social distancing guidelines are no longer
in effect to prepare staff to physically re-inspect units for HQS.
Applicability: This waiver is in effect until June 30, 2021 for
grantees and project sponsors that can meet the following criteria:
a. The grantee or project sponsor is able to visually inspect the
unit using technology, such as video streaming, to ensure the unit
meets HQS before any assistance is provided; and
b. The grantee or project sponsor has written policies to
physically reinspect the unit within 3 months after the health
officials determine special measures to prevent the spread of COVID-19
are no longer necessary.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#3e5f53471052104e5f5257525150574d7e564b5a10595148">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.320(a)(2).
Project/Activity: This waiver of the FMR Rent Standard for HOPWA
Rental Assistance was provided with respect to the use HOPWA funds to
address the housing needs of eligible families under the unique
circumstances of the COVID-19 pandemic and the resulting economic
upheaval in affected communities.

[[Page 35319]]

Nature of Requirement: Grantees must establish rent standards for
their rental assistance programs based on FMR (Fair Market Rent) or the
HUD-approved community-wide exception rent for unit size. Generally,
the rental assistance payment may not exceed the difference between the
rent standard and 30 percent of the family's adjusted income.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived the FMR rent standard
requirement for tenant-based rental assistance for one year on March
31, 2020. On May 22, 2020 HUD waived this requirement for one year for
all rental assistance types. Grantees and project sponsors continue to
report COVID-19 related health and financial hardships for HOPWA-
eligible households. Extending this waiver of the FMR rent standard
limit, while still requiring that the unit be rent reasonable in
accordance with Sec. 574.320(a)(3), will assist grantees and project
sponsors in expediting efforts to identify suitable housing units for
rent to eligible households experiencing the ongoing health and
financial impacts of the COVID-19 pandemic and economic crisis.
Applicability: The FMR requirement continues to be waived until
June 30, 2021. Grantees and project sponsors must still ensure the
reasonableness of rent charged for a unit in accordance with Sec.
574.320(a)(3).
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#c3a2aebaedafedb3a2afaaafacadaab083abb6a7eda4acb5">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.330(a)(1).
Project/Activity: This waiver of the time limits for HOPWA Short-
Term Supported Housing was provided with respect to the use HOPWA funds
to address the housing needs of eligible families under the unique
circumstances of the COVID-19 pandemic and the resulting economic
upheaval in affected communities.
Nature of Requirement: A short-term supported housing facility may
not provide residence to any individual for more than 60 days during
any six-month period. Short-Term Rent, Mortgage, and Utility (STRMU)
payments to prevent the homelessness of the tenant or mortgagor of a
dwelling may not be provided for costs accruing over a period of more
than 21 weeks in any 52-week period.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement on May 22,
2020 to prevent homelessness or discharge to unstable housing
situations for households residing in short-term housing facilities or
units assisted with STRMU if permanent housing could not be achieved
within the time limits specified in the regulation. Extending this
waiver is necessary because grantees and project sponsors continue to
report that households require longer periods of assistance due to
financial and health-related hardships stemming from the COVID-19
pandemic.
Applicability: This waiver is made available for all HOPWA grants
except those funded under the CARES Act or for the portion of a
grantee's FY 2020 formula funds that have been approved under its
Annual Action Plan (AAP) for allowable activities to prevent, prepare
for, and respond to the COVID-19 pandemic as described in section V. of
Notice CPD-20-05. On an individual household basis, grantees or project
sponsors may assist eligible households for a period that exceeds the
time limits specified in the regulations. A short-term supported
housing facility may provide residence to any individual for a period
of up to 120 days in a six-month period. STRMU payments to prevent the
homelessness of the tenant or mortgagor of a dwelling may be provided
for costs accruing up to 52 weeks in a 52-week period. This waiver is
in effect until June 30, 2021 for grantees and project sponsors that
can meet the following criteria:
a. The grantee or project sponsor documents that a good faith
effort has been made on an individual household basis to assist the
household to achieve permanent housing within the time limits specified
in the regulations but that financial needs and/or health and safety
concerns have prevented the household from doing so; and
b. The grantee or project sponsor has written policies and
procedures outlining efforts to regularly reassess the needs of
assisted households as well as processes for granting extensions based
on documented financial needs and/or health and safety concerns.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. <a href="/cdn-cgi/l/email-protection#a7c6cade89cb89d7c6cbcecbc8c9ced4e7cfd2c389c0c8d1">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 576.2, definition of ``homeless,''
(l)(iii).
Project/Activity: An individual may qualify as homeless under
paragraph (1)(iii) the homeless definition in 24 CFR 576.2 so long as
he or she is exiting an institution where they resided for 120 days or
less and resided in an emergency shelter or place not meant for human
habitation immediately before entering that institution. This waiver is
in effect until June 30, 2021.
Nature of Requirement: An individual who is exiting an institution
where he or she resided for 90 days or less and who resided in an
emergency shelter or place not meant for human habitation immediately
before entering that institution are considered homeless per 24 CFR
576.2, definition of ``homeless.''
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement on September
30, 2020 to keep housing options open for individuals who otherwise
would have been homeless but were reporting longer stays in
institutions as a result of COVID-19 (e.g., longer time in jail due to
a postponed court dates due to courts closings or courts operating at
reduced capacity and longer hospital stays when infected with COVID-19.
Allowing someone who was residing in an emergency shelter or place not
meant for human habitation prior to entering the institution to
maintain their homeless status while residing in an institution for
longer than 90 days is necessary to prevent the spread of and respond
to COVID-19 by expanding housing options for people who were
experiencing homelessness and institutionalized for longer than
traditionally required due to COVID-19. Recipients continue to report
potential program participants are staying in institutions for longer
periods of time due to COVID-19; therefore, HUD is extending this
waiver to allow someone who was residing in an emergency shelter or
place not meant for human habitation prior to entering the institution
to maintain their homeless status while residing in an institution for
longer than 90 days.
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.
<bullet> Regulation: 24 CFR 576.106(e).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(e) to the
City of Tulsa, to allow its subrecipient, the Mental Health Association
Oklahoma

[[Page 35320]]

(MHAOK) to provide rapid re-housing rental assistance and housing
relocation and stabilization services to program participants who have
chosen units that MHAOK owns, which would require that MHAOK will have
to enter into a rental assistance agreement with its property
management division. MHAOK is required to comply with the Conflict of
Interest requirements as stated in 24 CFR 576.404.
Nature of Requirement: Section 576.106(e) of the Emergency
Solutions Grants (ESG) Program Interim rule requires recipients to have
a rental assistance agreement with the owner of any property for which
they will provide rental assistance payments. The rental assistance
agreement must include the terms under which rental assistance will be
provided. It also requires the owner to give the recipient or
subrecipient a copy of any notice to the program participant to vacate
the housing unit or any complaint used under State or local law to
commence an eviction action against the program participant. Also, each
rental assistance agreement that is executed or renewed on or after
December 16, 2016 must include all protections that apply to tenants
and applicants under 24 CFR part 5, subpart L, as supplemented by Sec.
576.409, except for the emergency transfer plan requirements under 24
CFR 5.2005(e) and 576.409(d). If the housing is not assisted under
another ``covered housing program'', as defined in 24 CFR 5.2003, the
agreement may provide that the owner's obligations under 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), expire at the end of the rental
assistance period.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 6, 2021.
Reason Waived: HUD granted the waiver to increase housing options
for ESG program participants in Tulsa, OK being assisted by the city's
subrecipient, MHAOK. Homelessness in the City of Tulsa increased 27%
from 2015 to 2020. MHAOK has been awarded rapid rehousing funding to
provide rapid rehousing rental assistance and housing relocation and
stabilization services for up to 140 households. MHAOK owns 40
properties in the community, which are included in the available pool
of units from which an eligible program participant may choose to live.
If a program participant selects one of their own housing units, MHAOK
requires a waiver of the rental assistance agreement requirements in
order to enter an agreement with its property management division
(Eastoak Property Management).
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.
<bullet> Regulation: 24 CFR 576.203(a)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.203(a)(1) to
Oregon Housing and Community Services (OHCS), to extend its obligation
date to March 31, 2021 to provide time to evaluate new applications,
award funds, and account for unforeseen delays due to the
implementation of a new funding approach to meet the unprecedented need
during the COVID-19 pandemic and identify new subrecipients with the
capacity to administer ESG-CV funds.
Nature of Requirement: Section 24 CFR 576.203(a)(1) requires states
to obligate funds within 60 days from the date that it signs the grant
agreement with HUD. HUD further waived this requirement in CPD-20-08
Notice: Waivers and Alternative Requirements for the Emergency
Solutions Grants (ESG) Program Under the CARES Act (ESG-CV Notice) so
long as states obligated funds within 180 days for activities it will
carry out itself and 240 days for activities it will obligate to
subrecipients.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 7, 2021.
Reason Waived: HUD granted the waiver to extend OHCS's obligation
deadline from February 18, 2021 to March 31, 2021 to provide additional
time to implement a new competitive process for allocating funds and
identifying new subrecipients with the capacity to administer ESG CARES
Act funds. The waiver provides OHCS with time needed to complete their
funding process.
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.
<bullet> Regulation: 24 CFR 578.103(a)(7)(iv).
Project/Activity: The waiver of the requirement at 24 CFR
578.103(a)(7)(iv) that the recipient or subrecipient may only rely on
program participant self-certification of income if the other permitted
types of documentation are unobtainable when conducting the initial or
subsequent rent or occupancy charge calculations is in effect until
June 30, 2021. During this time, 24 CFR 578.103(a)(7)(iv) is waived to
the extent necessary to allow recipients or subrecipients to document
annual income with the written certification by the program participant
of the amount of income that the program participant is reasonably
expected to receive over the 3-month period following the evaluation,
even if source documents and third-party verification, are obtainable.
Nature of Requirement: 24 CFR 578.103(a)(7) requires the recipient
or subrecipient to keep records of the program participant's income and
the back-up documentation they relied on to determine income. The
regulation establishes an order of preference for the type of
documentation that recipients can rely upon. Only if source documents
and third-party verification are unobtainable is a written
certification from the program participant acceptable documentation of
income. HUD is waiving ``To the extent that source documents and third-
party verification are unobtainable'' in 578.103(a)(7)(iv).
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: On September 30, 2020, HUD waived the requirement to
attempt to document that third-party verification of income was
unobtainable in order for recipients and subrecipients to a program
participant's own self-certification of income until December 31, 2020
because that documentation may be difficult to obtain as a result of
COVID-19 pandemic and housing program participants quickly was
important to prevent the spread of COVID-19. On December 30, 2020, HUD
extended this waiver to March 31, 2021. It continues to be important to
move people into their own housing quickly to enable social distancing
and prevent the spread of COVID-19; therefore, waiving the requirement
that source documents and third-party documentation be unobtainable in
order for recipients or subrecipients to rely on a program
participant's own certification of their income.
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.

[[Page 35321]]

<bullet> Regulation: The definition of ``Point-in-time count'' in
24 CFR 578.3, and 24 CFR 578.7(c)(2), 24 CFR 578.7(c)(2)(i).
Project/Activity: HUD is waiving the definition of ``Point-in-time
count'' in 24 CFR 578.3 and the requirements at 24 CFR 578.7(c)(2)(i)
and 24 CFR 578.7(c)(2) to the extent necessary to remove the
requirement that Continuum of Care Program (CoC) conduct a biennial
point-in-time count in FY2021 of people experiencing unsheltered
homelessness, even if the CoC did not conduct a point-in-time count of
people experiencing unsheltered homelessness in FY2020. Waiving the
requirements at 24 CFR 578.3, 24 CFR 578.7(c)(2)(i) and 24 CFR
578.7(c)(2) that require CoCs conduct a FY2021 biennial point-in-time
count of unsheltered homeless is available for CoCs that complete the
notification process by the January 20, 2021 deadline. CoCs that use
the waivers of 24 CFR 578.3, 24 CFR 578.7(c)(2) and 24 CFR
578.7(c)(2)(i) must still conduct their FY2021 biennial point-in-time
count of sheltered homeless persons if one is required in FY2021
consistent with the requirements in Notice CPD-18-08. CoCs that do not
use the waivers of 24 CFR 578.3, 24 CFR 578.7(c)(2)(i) and 24 CFR
578(c)(2) must still conduct their FY2021 biennial point-in-time count
of homeless persons for both sheltered and unsheltered homeless persons
if one is required in FY2021.
Nature of Requirement: The definition of ``Point-in-time count'' in
24 CFR 578.3, and 24 CFR 578.7(c)(2) and 24 CFR 578.7(c)(2)(i) require
CoCs to plan for and conduct, at least biennially, a point-in-time
count of homeless persons within the geographic area and count as
unsheltered homeless persons individuals who are living in a place not
designated or ordinarily used as a regular sleeping accommodation for
humans. 24 CFR 578.7(c)(2)(iii) also requires CoCs to comply with other
requirements established by HUD by Notice for the point-in-time count.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: January 7, 2021.
Reason Waived: Conducting a point-in-time count of people
experiencing unsheltered homelessness requires countless hours of
planning and volunteers. Additionally, on the night of the count, it
requires people to approach people experiencing unsheltered
homelessness to collect data. Because of COVID-19, CoCs have been short
staffed and busy preparing for and implementing measures to prevent the
spread of COVID-19 in their communities. Additionally, CoCs are
reporting challenges in finding volunteers to survey individuals
experiencing unsheltered homelessness on the night of the count due to
fears of COVID-19. Further, CoCs are reporting challenges obtaining
personal protective equipment (PPE) necessary to equip volunteers and
people experiencing unsheltered homelessness to have the conversations
necessary to collect the required data. These challenges are present in
every part of the country. As of December, every single state had at
least 9 new COVID cases per day per 100,000 population. For these
reasons, providing waiver flexibility for the FY2021 point-in-time
count for unsheltered homelessness helps prevent the spread of COVID-
19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.3, definition of permanent housing,
24 CFR 578.51(1)(1).
Project/Activity: The one-year lease requirement is waived for
leases executed between the date of March 31, 2021 and June 30, 2021,
so long as the initial term of all leases is at least one month.
Nature of Requirement: Program participants residing in PSH must be
the tenant on a lease for a term of at least one year that is renewable
and terminable for cause.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for 6-months
on March 31, 2020. On September 30, 2020, HUD waived this requirement
again until December 31, 2020. HUD extended this waiver again on
December 30, 2020 until March 31, 2021 to help recipients more quickly
identify permanent housing for individuals and families experiencing
homelessness, which is helpful in preventing the spread of COVID-19.
Extending this waiver is necessary because recipients continue to need
to help program participants identify housing quickly to help prevent
the spread of COVID-19. Additionally, even after special measures are
no longer necessary to prevent the spread of COVID-19, helping program
participants move into housing quickly will continue to decrease the
risk of people experiencing homelessness of contracting COVID-19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.3, definition of ``homeless''
(1)(iii).
Project/Activity: An individual may qualify as homeless under
paragraph (1)(iii) of the homeless definition in 24 CFR 578.3 so long
as he or she is exiting an institution where they resided or 120 days
or less and resided in an emergency shelter or place not meant for
human habitation immediately before entering that institution. This
waiver is in effect until June 30, 2021.
Nature of Requirement: The definition of homeless in 24 CFR 578.3
includes under paragraph (1)(iii) an individual who is exiting an
institution where he or she resided for 90 days or less and has resided
in an emergency shelter or place not meant for human habitation
immediately before entering that institution, which is an
interpretation of Sec. 103(a)(4) of the McKinney-Vento Act which
includes an individual who resided in a shelter or place not meant for
human habitation and who is exiting an institution where he or she
temporarily resided.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement on September
30, 2020, until March 31, 2021 to keep housing options open for
individuals who otherwise would have been homeless but were reporting
longer stays in institutions as a result of COVID-19 (e.g., longer time
in jail due to a postponed court dates due to courts closings or courts
operating at reduced capacity and longer hospital stays when infected
with COVID-19. Allowing someone who was residing in an emergency
shelter or place not meant for human habitation prior to entering the
institution to maintain their homeless status while residing in an
institution for longer than 90 days is necessary to prevent the spread
of and respond to COVID-19 by expanding housing options for people who
were experiencing homelessness and institutionalized for longer than
traditionally required due to COVID-19. Recipients continue to report
potential program participants are staying in institutions for longer
periods of time due to COVID-19; therefore, HUD is extending this
waiver to allow someone

[[Page 35322]]

who was residing in an emergency shelter or place not meant for human
habitation prior to entering the institution to maintain their homeless
status while residing in an institution for longer than 90 days.
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.

<bullet> Regulation: 24 CFR 578.33(c).
Project/Activity: The requirement that the renewal grant amount be
based on the budget line items in the final year of the grant being
renewed is further waived for all projects that amend their grant
agreement between March 31, 2021 and June 30, 2021 to move funds
between budget line items in a project in response to the COVID-19
pandemic. Recipients may then apply in the next FY CoC Program funding
cycle based on the budget line items in the grants before they were
amended.
Nature of Requirement: 24 CFR 578.33(c) requires that budget line
item amounts a recipient is awarded for renewal in the CoC Program
Competition will be based on the amounts in the final year of the prior
funding period of the project.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for grant
agreement amendments signed between March 31, 2020 and October 1, 2020
to allow recipients to move funds between budget line items in a
project in response to the COVID-19 pandemic and still apply for
renewal in the next FY CoC Program funding cycle based on the budget
line items in the grants before they were amended. HUD again waived
this requirement for all grant agreements signed from October 1, 2020
until December 31, 2020. HUD again waived this requirement for all
grants signed between December 30, 2020 and March 31, 2021. Recipients
continue to report needing to shift budget line items to respond to the
COVID-19 pandemic (e.g., providing different supportive service
necessitated by the pandemic or serving fewer people because the layout
of the housing does not meet local social distancing recommendations)
without changing the original design of the project when it is not
operating in a public health crisis and can resume normal operations.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.37(a)(1)(ii)(F).
Project/Activity: The requirement in 24 CFR 578.37(a)(1)(ii)(F)
that projects require program participants to meet with case managers
not less than once per month is waived for all permanent housing-rapid
re-housing projects until June 30, 2021.
Nature of Requirement: Recipients must require program participants
of permanent housing-rapid re-housing projects to meet with a case
manager at least monthly.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for 2-months
on March 31, 2020. On May 22, 2020 HUD again waived this requirement
for an additional 3 months and on September 30, 2020 HUD once again
waived this requirement until December 31, 2020. Recipients are
continuing to report limited staff capacity as staff members are home
for a variety of reasons related to COVID-19 (e.g., quarantining,
children home from school, working elsewhere in the community to manage
the COVID-19 response). In addition, not all program participants have
capacity to meet via phone or internet. Waiving the monthly case
management requirement will allow recipients to provide case management
on an as needed basis and reduce the possible spread and harm of COVID-
19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The Fair Market Rent restriction continues to be
waived for any lease executed by a recipient or subrecipient to provide
transitional or permanent supportive housing until June 30, 2021. The
affected recipient or subrecipient must still ensure that rent paid for
individual units that are leased with leasing dollars meet the rent
reasonableness standard in 24 CFR 578.49(b)(2).
Nature of Requirement: Rent payments for individual units with
leasing dollars may not exceed Fair Market Rent.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for 6-months
on March 31, 2020. On September 30, 2020 HUD again waived this
requirement until December 31, 2020. Extending this waiver of the limit
on using grant leasing funds to pay above FMR for individual units, but
not greater than reasonable rent, will assist recipients in locating
additional units to house individuals and families experiencing
homelessness and reduce the spread and harm of COVID-19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.53(e)(8)(ii)(B) and 578.53(d).
Project/Activity: The limitation on eligible housing search and
counseling activities is waived so that CoC Program funds may be used
for up to 6 months of a program participant's utility arrears and up to
6 months of a program participant's rent arrears, when those arrears
make it difficult to obtain housing. This waiver is in effect until
June 30, 2021.
Nature of Requirement: 24 CFR 578.53(e)(8) allows recipients and
subrecipients to use CoC funds to pay for housing search and counseling
services to help eligible program participants locate, obtain, and
retain suitable housing. For program participants whose debt problems
make it difficult to obtain housing, 24 CFR 578.53(e)(8)(ii)(B) makes
eligible the costs of credit counseling, accessing a free personal
credit report, and resolving personal credit issues. However, payment
of rental or utility arrears is not included as an eligible cost. 24
CFR 578.53(d) limits eligible supportive service costs to those
explicitly listed in 24 CFR 578.53(e), which is a more limited list
than is eligible under the McKinney-Vento Act.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for 1-year on
March 31, 2020 to allow recipients and subrecipients to pay up to 6
months of rental arrears and 6 months of utility

[[Page 35323]]

arrears to remove barriers to obtaining housing quickly and help reduce
the spread and harm of COVID-19. Extending this waiver is necessary to
remove barriers that would prevent program participants from finding
housing quickly, particularly as more people find themselves with
rental arrears due to COVID-19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.7(c)(2)(iii), and Sections 4.4 and
4.5 of the Notice CPD-18-08: 2019 HIC and PIT Data Collection for CoC
and Emergency Solutions Grants Program.
Project/Activity: HUD is waiving 24 CFR 578.7(c)(2)(iii) to the
extent necessary to remove some of the data collection requirements in
Notice CPD-18-08 as they relate to unsheltered homeless persons for
CoCs that do not take advantage of the waivers of 24 CFR 578.3, 24 CFR
578.7(c)(2) and 24 CFR 578.7(c)(2)(i) included in the January 7, 2021
waiver memorandum (and must therefore conduct a FY2021 unsheltered
homeless persons point-in-time count) but follow the notification
process prescribed in the January 7, 2021 waiver memorandum to use this
waiver.
In Section 4.4 of Notice CPD-18-08, and for unsheltered persons
only, HUD is now only requiring CoCs to collect data on the total
number of people sleeping in unsheltered situations on the night of
each CoC's point-in-time count, with no household, demographic, or
subpopulation data. The requirements of Section 4.4 of Notice CPD-18-08
remain unchanged for sheltered homeless persons.
In Section 4.5 of Notice CPD-18-08, HUD is now eliminating the
requirement that CoCs report on additional homeless population data for
unsheltered persons. The requirements of Section 4.5 remain unchanged
for sheltered homeless persons. This waiver of the requirements at 24
CFR 578.7(c)(2)(iii) that requires CoCs to comply with additional
requirements established by HUD in Sections 4.4 and 4.5 of Notice CPD-
18-08 for the FY2021 biennial point-in-time count of unsheltered
homeless persons is available for CoCs that complete the notification
process by the January 20, 2021 deadline, but may choose to use the
waiver of 24 CFR 578.7(c)(2)(iii), which removes some of the data
collection requirements in Notice CPD-18-08: 2019 HIC and PIT Data
Collection for CoC and ESG Programs associated with the point-in-time
count for unsheltered homeless persons.
Nature of Requirement: 24 CFR 578.7(c)(2)(iii) requires CoCs to
comply with additional requirements established by HUD by Notice for
the point-in-time count. HUD has established additional point-in-time
count requirements through Notice CPD-18-08: 2019 HIC and PIT Data
Collection for CoC and ESG Programs. Sections 4.4 and 4.5 of Notice
CPD-18-08 include data requirements for the point-in-time count of both
sheltered and unsheltered homeless persons.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: January 7, 2021.
Reason Waived: Conducting a point-in-time count of people
experiencing unsheltered homelessness requires countless hours of
planning and volunteers. Additionally, on the night of the count, it
requires people to approach people experiencing unsheltered
homelessness to collect data. Because of COVID-19, CoCs have been short
staffed and busy preparing for and implementing measures to prevent the
spread of COVID-19 in their communities. Additionally, CoCs are
reporting challenges in finding volunteers to survey individuals
experiencing unsheltered homelessness on the night of the count due to
fears of COVID-19. Further, CoCs are reporting challenges obtaining
personal protective equipment (PPE) necessary to equip volunteers and
people experiencing unsheltered homelessness to have the conversations
necessary to collect the required data. These challenges are present in
every part of the country. As of December, every single state had at
least 9 new COVID cases per day per 100,000 population. For these
reasons, providing waiver flexibility for the FY2021 point-in-time
count for unsheltered homelessness helps prevent the spread of COVID-
19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.75(b)(1).
Project/Activity: The waiver of the requirement in 24 CFR
578.75(b)(1) that the recipient or subrecipient physically inspect each
unit to assure that the unit meets HQS before providing assistance on
behalf of a program participant is in effect until June 30, 2021 for
recipients and subrecipients that are able to obtain certification from
the owner that they have no reasonable basis to have knowledge that
life-threatening conditions exist in the unit or units in question; and
the recipient or subrecipient has written policies to physically
inspect the unit within 3 months after the health officials determine
special measures to prevent the spread of COVID-19 are no longer
necessary.
Nature of Requirement: 24 CFR 278.75(b)(1) requires that recipients
or subrecipients physically inspect each unit to assure that it meets
HQS before any assistance will be provided for that unit on behalf of a
program participant.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: On March 31, 2020, HUD waived the physical
inspection requirement at 24 CFR 578.75(b)(1) for 6-months so long as
recipients or subrecipients were able to visually inspect the unit
using technology to ensure the unit met HQS before any assistance was
provided and recipients or subrecipients had written policies in place
to physically reinspect the unit within 3 months after the health
officials determined special measures to prevent the spread of COVID-19
are no longer necessary. However, this standard still relies on program
participants or landlords having the technology to carry out this
virtual inspection. Additionally, recipients and subrecipients are
still reporting difficulty in conducting the initial inspection of
units due to social distancing guidelines.
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.

<bullet> Regulation: 24 CFR 578.75(b)(2).
Project/Activity: 24 CFR 578.75(b)(2) requires that recipients or
subrecipients are required to inspect all units supported by leasing or
rental assistance funding under the CoC and YHDP Programs at least
annually during the grant period to ensure the units continue to meet
HQS. This waiver is in effect until June 30, 2021.
Nature of Requirement: Recipients and subrecipients must inspect
all units for which leasing or rental assistance funds are used, at
least annually to ensure they continue to meet HQS.

[[Page 35324]]

Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived the requirement for 1-year on
March 31, 2020 to help recipients and subrecipients prevent the spread
of COVID-19. Because social distancing and stay at home measures are
still in place in most parts of the country, HUD is extending this
waiver. Additionally, recipients will need time when social distancing
guidelines are no longer in effect to prepare staff to re-inspect (and
inspect as discussed above) units for HQS; therefore, HUD is extending
the waiver beyond the date the state or local public health official
has determined special measures are no longer necessary to prevent the
spread of COVID-19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

<bullet> Regulation: 24 CFR 578.75(c) and 24 CFR 982.401(d)(2)(ii)
as required by 24 CFR 578.75(b).
Project/Activity: The requirement that each unit assisted with CoC
Program funds or YHDP funds have at least one bedroom or living/
sleeping room for each two persons is waived for recipients providing
Permanent Housing-Rapid Rehousing assistance for leases and occupancy
agreements executed by recipients and subrecipients between the dates
of March 31, 2021 and June 30, 2021 and extending only until the later
of (1) the end of the initial term of the lease or occupancy agreement;
or (2) June 30, 2021. Recipients are still required to follow State and
local occupancy laws.
Nature of Requirement: 24 CFR 578.75(c), suitable dwelling size,
and 24 CFR 982.401(d)(2)(ii) as required by 24 CFR 578.75(b), Housing
Quality Standards, requires units funded with CoC Program funds to have
at least one bedroom or living/sleeping room for each two persons.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: On September 30, 2020, HUD waived the requirements
at 24 CFR 982.401(d)(2)(ii) and 24 CFR 578.75(c) to allow households
experiencing homelessness to obtain permanent housing that is
affordable and that they assess is adequate. Recipients continue to
report that households experiencing homelessness remain unable to
afford the limited supply of affordable housing in many jurisdictions
across the country and this has been made even more challenging due to
the economic impact of COVID-19. HUD is waiving the requirements at 24
CFR 982.401(d)(2)(ii) and 24 CFR 578.75(c) to reduce the spread of
COVID-19 by allowing households to move into housing instead of staying
in congregate shelter. Consistent with the Executive Order on Fighting
the Spread of COVID-19 by Providing Assistance to Renters and
Homeowners, grantees should balance use of this waiver with the
recommendations of public health officials to limit community spread
and reduce risks to high-risk populations. For example, a large unit
with rooms than can be partitioned for privacy and distancing, or the
waiver can be applied for units that will house only one family
household.
Contact: Norm Suchar, Director, Office of Special Needs Assistance
Programs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone number (202) 708-4300.

II. 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.

<bullet> Regulation: 24 CFR 5.801(c)(2).
Project/Activity: All Multifamily & Healthcare properties.
Nature of Requirement: Regulation requires that properties with a
financial reporting requirement provide that financial statement to HUD
by a date certain. This requirement was deferred until 6/30/21 for
properties with a due date between 10/1/20-6/31/21.
Granted by: Lopa Kolluri, Principal Deputy Assistant Secretary for
Housing--Federal Housing Administration.
Date Granted: March 30, 2021.
Reason Waived: Difficulty in completing audits on-time due to
travel restrictions and general workflow challenges related to the
COVID-19 pandemic.
Contact: Michael Bruggman, Director of Asset and Counterparty
Oversight Division, Office of Asset Management and Portfolio Oversight,
Office of Multifamily Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6151, Washington, DC 20410,
telephone (202) 402-5619. <a href="/cdn-cgi/l/email-protection#e6ab8f858e87838ac884949381818b8788a68e9382c8818990">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 203.604 Contact with the mortgagor.
Project/Activity: The requirement for early default intervention
under FHA's early default servicing requirements stipulate that
mortgagees must conduct a face-to-face interview with the borrower to
gather and convey required information and determine the borrower's
circumstances and appropriate repayment plans.
Nature of Requirement: This is a partial waiver of servicing
requirement in 24 CFR 203.604 that mortgagees must have a face-to-face
interview before three full monthly installments due on the mortgage
are unpaid. The waiver provided alternative methods that the mortgagee
could use to make contact.
Granted by: Janet M. Golrick, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: February 2, 2021.
Reason Waived: The partial waiver of required face-to-face contact
was issued due to continued public health concerns around the spread of
Coronavirus Disease 2019. Without the partial waiver, retention of the
face-to-face interview requirement for servicing FHA-insured mortgages
during the COVID-19 pandemic introduces health risks and potential non-
compliance by both mortgagees and borrower. Without the partial waiver,
retention of the face-to-face interview requirement during the COVID-19
pandemic could introduce increased health risks to FHA borrowers and
mortgagees.
Contact: Elissa Saunders, Acting Director, Office of Single Family
Asset Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9278, Washington, DC 20410,
telephone (202) 402-2378.

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.

<bullet> Regulation: 24 CFR 982.161(a)(1).
Project/Activity: Town of Islip Housing Authority requested a
conflict-of-interest provision in HUD regulations and Section 19 of the
Public Housing Annual Contributions Contract (ACC).
Nature of Requirement: The conflict-of-interest provisions under
the HCV regulations and the ACC prevent a Public Housing Agency (PHA)
or any of its contractors or subcontractors from entering into any
contract or

[[Page 35325]]

arrangement in connection with the HCV program or Public Housing
property, in which any present or former member or officer of the PHA
has a direct or indirect interest during his or her tenure or for one
year thereafter.
Granted By: Dominique Blom, General Deputy Assistant Secretary,
Public and Indian Housing.
Date Granted: March 5, 2021.
Reason Waived: The PHA's Executive Director retired in November
2020 and the Deputy Director was appointed Interim Executive Director
while the PHA searches for a qualified candidate for the Executive
Director. The PHA's Board of Commissioners requested to hire the former
Executive Director on a part-time temporary basis to assist with the
transition of the Deputy Director to Interim Executive Director and to
serve as the Deputy Director so the services to PHA's residents are not
diminished and to enable the PHA to address additional demands imposed
by the COVID pandemic. The PHA reviewed its current staffing and
determined that no other PHA employee possesses a similar level of
skills, knowledge, and expertise as the former Executive Director. The
PHA also evaluated the possibility of hiring a consulting firm but
doing so would come at a much higher cost. The PHA's attorney evaluated
State and local law and determined that the former Executive Director
would be permitted under State and local law to be hired by PHA. The
HUD Field Office, including HUD's Regional Counsel, supported approval
of this request. Thus, pursuant to the waiver authority provided at 24
CFR 5.110, HUD determined that there was good cause to waive 24 CFR
982.161(a)(1).
Contact: Danielle Bastarache, Deputy Assistant Secretary, Office of
Public Housing and Voucher Programs, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 4204, Washington, DC 20410, telephone (202) 402-5264.

<bullet> Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority of the City of Lake Charles
(LA004).
Nature of Requirement: The regulation establishes certain reporting
compliance dates. The audited financial statements are required to be
submitted to the Real Estate Assessment Center (REAC) no later than
nine months after the housing authority's (HA) fiscal year end (FYE),
in accordance with the Single Audit Act and OMB Circular A-133.
Granted By: Dominique Blom, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 9, 2021.
Reason Waived: The HA requested relief from compliance for
additional time to submit its financial reporting requirements for the
fiscal year end (FYE) of September 20, 2020. The Housing Authority of
the City of Lake Charles requested a waiver pursuant to ``Relief from
HUD Requirements Available to Public Housing Authorities (PHAs) During
CY 2020/2021 to Assist with Recovery and Relief Efforts on Behalf of
Families Affected by Disasters'' FR-6050-N-04 (November 12, 2020). A
previous letter was sent to LCHA from HUD on February 11, 2021 that
addressed the waiver requests by LHCA for Section 2(a), Section 3(b),
Section 3(c), and Section 3(d). This letter addresses the additional
waivers requested in accordance with FR-6050-N-04 and 24 CFR 5.110.
Contact: Lara Philbert, Assessment Manager, Integrated Assessment
Team, Real Estate Assessment Center, Office of Public and Indian
Housing, Department of Housing and Urban Development, 550 12th Street
SW, Suite 100, Washington, DC 20410, telephone (202) 475-7908.

HUD's Summary of CARES Act Notices Providing Waivers: 1/1/21 to 3/31/21

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

<bullet> Regulation: 24 CFR 576.106(e).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(e) to the
City of Tulsa, to allow its subrecipient, the Mental Health Association
Oklahoma (MHAOK) to provide rapid re-housing rental assistance and
housing relocation and stabilization services to program participants
who have chosen units that MHAOK owns, which would require that MHAOK
will have to enter into a rental assistance agreement with its property
management division. MHAOK is required to comply with the Conflict of
Interest requirements as stated in 24 CFR 576.404.
Nature of Requirement: Section 576.106(e) of the Emergency
Solutions Grants (ESG) Program Interim rule requires recipients to have
a rental assistance agreement with the owner of any property for which
they will provide rental assistance payments. The rental assistance
agreement must include the terms under which rental assistance will be
provided. It also requires the owner to give the recipient or
subrecipient a copy of any notice to the program participant to vacate
the housing unit or any complaint used under State or local law to
commence an eviction action against the program participant. Also, each
rental assistance agreement that is executed or renewed on or after
December 16, 2016 must include all protections that apply to tenants
and applicants under 24 CFR part 5, subpart L, as supplemented by Sec.
576.409, except for the emergency transfer plan requirements under 24
CFR 5.2005(e) and 576.409(d). If the housing is not assisted under
another ``covered housing program'', as defined in 24 CFR 5.2003, the
agreement may provide that the owner's obligations under 24 CFR part 5,
subpart L (Protection for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking), expire at the end of the rental
assistance period.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 6, 2021.
Reason Waived: HUD granted the waiver to increase housing options
for ESG program participants in Tulsa, OK being assisted by the city's
subrecipient, MHAOK. Homelessness in the City of Tulsa increased 27%
from 2015 to 2020. MHAOK has been awarded rapid rehousing funding to
provide rapid rehousing rental assistance and housing relocation and
stabilization services for up to 140 households. MHAOK owns 40
properties in the community, which are included in the available pool
of units from which an eligible program participant may choose to live.
If a program participant selects one of their own housing units, MHAOK
requires a waiver of the rental assistance agreement requirements in
order to enter an agreement with its property management division
(Eastoak Property Management).
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.

<bullet> Regulation: 24 CFR 576.2, definition of ``homeless''
(1)(iii).
Project/Activity: HUD granted a waiver of 24 CFR 576.2, paragraph
(1)(iii) in CPD Memo: Availability of Additional Waivers for Community
Planning and Development (CPD) Grant Programs to Prevent the Spread of
COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (March 31,
2021). Paragraph (1)(iii) of the homeless definition in 24 CFR 576.2 is
waived to the extent that an individual may qualify as homeless so long
as he

[[Page 35326]]

or she is exiting an institution where they resided for 120 days or
less and resided in an emergency shelter or place not meant for human
habitation immediately before entering that institution. The waiver is
in effect until June 30, 2021 and is made available with respect to all
ESG grants, whether funded under the CARES Act or annual ESG
appropriations.
Nature of Requirement: The definition of homeless in 24 CFR 576.2
includes under paragraph (1)(iii) an individual who is exiting an
institution where he or she resided for 90 days or less and has resided
in an emergency shelter or place not meant for human habitation
immediately before entering that institution, which is an
interpretation of Sec. 103(a)(4) of the McKinney-Vento Act which
includes an individual who resided in a shelter or place not meant for
human habitation and who is exiting an institution where he or she
temporarily resided (emphasis added).
Granted By: James A. Jemison, Principal Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement on September
30, 2020 to keep housing options open for individuals who otherwise
would have been homeless but were reporting longer stays in
institutions as a result of COVID-19 (e.g., longer time in jail due to
a postponed court dates due to courts closings or courts operating at
reduced capacity and longer hospital stays when infected with COVID-
19). Allowing someone who was residing in an emergency shelter or place
not meant for human habitation prior to entering the institution to
maintain their homeless status while residing in an institution for
longer than 90 days is necessary to prevent the spread of and respond
to COVID-19 by expanding housing options for people who were
experiencing homelessness and institutionalized for longer than
traditionally required due to COVID-19. Recipients continue to report
potential program participants are staying in institutions for longer
periods of time due to COVID-19; therefore, HUD extended this waiver to
allow someone who was residing in an emergency shelter or place not
meant for human habitation prior to entering the institution to
maintain their homeless status while residing in an institution for
longer than 90 days.
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.

<bullet> Regulation: 24 CFR 576.203(a)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.203(a)(1) to
Oregon Housing and Community Services (OHCS), to extend its obligation
date to March 31, 2021 to provide time to evaluate new applications,
award funds, and account for unforeseen delays due to the
implementation of a new funding approach to meet the unprecedented need
during the COVID-19 pandemic and identify new subrecipients with the
capacity to administer ESG-CV funds.
Nature of Requirement: Section 24 CFR 576.203(a)(1) requires states
to obligate funds within 60 days from the date that it signs the grant
agreement with HUD. HUD further waived this requirement in CPD-20-08
Notice: Waivers and Alternative Requirements for the Emergency
Solutions Grants (ESG) Program Under the CARES Act (ESG-CV Notice) so
long as states obligated funds within 180 days for activities it will
carry out itself and 240 days for activities it will obligate to
subrecipients.
Granted By: John Gibbs, Principal Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: January 7, 2021.
Reason Waived: HUD granted the waiver to extend OHCS's obligation
deadline from February 18, 2021 to March 31, 2021 to provide additional
time to implement a new competitive process for allocating funds and
identifying new subrecipients with the capacity to administer ESG CARES
Act funds. The waiver provides OHCS with time needed to complete their
funding process.
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.

[FR Doc. 2021-14135 Filed 7-1-21; 8:45 am]
BILLING CODE 4210-67-P

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