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Notice2022-13128

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

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Published

June 17, 2022

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 October 1, 2021 and ending on December 31, 2021.

Full Text

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<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36524-36537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13128]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6268-N-04]

Notice of Regulatory Waiver Requests Granted for the Fourth
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 October 1, 2021 and ending on December 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 fourth 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

[[Page 36525]]

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
October 1, 2021 through December 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.
Should HUD receive additional information about waivers granted
during the period covered by this report (the fourth quarter of
calendar year 2021) before the next report is published (the first
quarter of calendar year 2022), HUD will include any additional waivers
granted for the fourth quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.

Damon Y. Smith,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development, October 1, 2021 Through
December 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 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.
<bullet> Regulation: 24 CFR 91.105(c)(2), and (k); 24 CFR
91.115(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster areas (designated in FEMA-4630-DR-
KY) affected by the severe storms, straight-line winds, flooding,
and tornados in FEMA-4630-DR-KY (the ``disaster'').
Nature of Requirement: This provision allows a CPD grantee to
amend an approved consolidated plan in accordance with 24 CFR
91.505. Substantial amendments to the consolidated plan, such as the
addition of new activities or a change in the use of grant funds
from one eligible activity to another, are subject to the citizen
participation process in the grantee's citizen participation plan.
The citizen participation plan must provide citizens with 30 days to
comment on substantial amendments. In addition, the regulations
require the grantee to follow its citizen participation plan to
provide citizens with reasonable notice and opportunity to comment.
The citizen participation plan must state how reasonable notice and
opportunity to comment will be given.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development
Date Granted: December 21, 2021.
Reason Waived: Several grantees in the declared-disaster areas
are interested in amending their approved consolidated plans to
include or revise activities in response to the disaster. Given the
need to expedite actions to respond to damage caused by the
disaster, HUD waived the 30-day public comment requirement of 24 CFR
91.105(c)(2), and (k), 91.115(c)(2), and (i) and 91.401 and reduced
the public comment period to no less than seven days for grantees
preparing amendments to prior year plans in response to the
disaster. In reducing the comment period to seven days, HUD balanced
the need to quickly assist families dealing with the aftereffects of
the disaster while continuing to provide reasonable notice and
opportunity for citizens to comment on the proposed uses of CDBG,
HOME, HTF, HOPWA, and ESG funds.
In addition, HUD recognizes the destruction wrought by the
disaster makes it difficult for impacted jurisdictions within the
declared-disaster areas to provide notice to citizens in accordance
with their citizen participation plans. Therefore, HUD waived 24 CFR
91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i), and 24 CFR 91.401
to the extent necessary to allow these 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.
Applicability: This authority is in effect for grantees in the
declared-disaster areas and is limited to facilitating preparation
of substantial amendments to FY 2021 and prior year plans.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (designated in FEMA-4630-DR-KY) affected by the disaster.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: Many families displaced by the disaster (as
documented by FEMA registration) may have had their income
documentation destroyed or made inaccessible by the disaster and
therefore, may not be able to qualify for HOME assistance if the
requirement remains

[[Page 36526]]

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: 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 December 21, 2021. 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.
<bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i)
Project/Activity: Projects located in the declared-disaster area
(designated in FEMA-4630-DR-KY) affected by the disaster.
Nature of Requirement: The HOME regulation at 24 CFR 92.209(e)
requires that the term of a HOME tenant-based rental assistance
(TBRA) contract must begin on the first day of the lease. Section
92.209(h)(1) limits the maximum subsidy that a participating
jurisdiction may pay toward a HOME 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development
Date Granted: December 21, 2021.
Reason Waived: Waiving these provisions will provide
participating jurisdictions with greater flexibility to use HOME
TBRA as an emergency housing resource.
Applicability: The provision of 24 CFR 92.209(e) that the start
date of a HOME TBRA contract begin on the first day of the term of a
tenant's lease is waived for HOME TBRA contracts that a
participating jurisdiction executes for persons or families
displaced by the disaster for a period of 24 months after December
21, 2021. The provision of 24 CFR 92.209(h)(1) imposing the maximum
HOME TBRA subsidy amount a participating jurisdiction may provide to
a family under HOME TBRA is waived for TBRA recipients who are
displaced by the disaster for a period of 24 months after December
21, 2021. The waiver of the housing quality standards requirements
at 24 CFR 92.209(i) applies to units leased by HOME TBRA recipients
who were displaced by the disaster and are being assisted through a
HOME TBRA program funded by the participating jurisdiction for a
period of 24 months after December 21, 2021.
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 92.218 and 92.222(b).
Project/Activity: Any participating jurisdiction located in the
declared-disaster area (designated in FEMA-4630-DR-KY) affected by
the disaster.
Nature of Requirement: This provision requires all HOME
participating jurisdictions to contribute throughout the fiscal year
to housing that qualifies as affordable housing under the HOME
program. The contributions must total no less than 25 percent of the
HOME funds drawn from the participating jurisdiction's HOME
Investment Trust Fund Treasury account. Reducing the match
requirement for the participating jurisdiction by 100 percent for FY
2022 and FY 2023 will eliminate the need for the participating
jurisdiction to identify match for HOME projects related to the
damage caused by the disaster. The requirement that the
participating jurisdiction must submit a copy of the Presidential
major disaster-declaration is waived.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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
match reduction will relieve the participating jurisdiction from the
need to identify and provide matching contributions to HOME
projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster area
from December 12, 2021, through September 30, 2023. The suspension
also applies to State-funded HOME projects located in declared-
disaster areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development,
Office of Community Planning and Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster area
(designated in FEMA-4630-DR-KY) affected by the disaster.
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, (e.g., homebuyer assistance), and state and
local standards and codes or model codes for rehabilitation and new
construction. Property standard requirements are waived only for
repair of properties damaged by the disaster. Units must meet State
and local health and safety codes. The lead housing safety
regulations established in 24 CFR part 35 and the Section 504
accessibility requirements at 24 CFR part 8 are not waived.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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 December
21, 2021.
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 93.151(c).
Project/Activity: Projects located in the declared-disaster area
(see FEMA-4630-DR-KY) affected by the tornados and severe storms.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: Many families' income documentation may have been
destroyed or made inaccessible by the disaster and therefore, these
families 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), in lieu of source documentation to determine initial
eligibility of persons displaced by the disaster for HTF assistance.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from December 21, 2021. 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.
<bullet> Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The Cities of Oakland and Bakersfield, and the
County of Marin, California requested a waiver of 24 CFR
92.252(d)(1) to allow use of the utility allowance established by
the local public housing agency (PHA) for three HOME-

[[Page 36527]]

assisted projects--Monarch Homes, Piper Courts, and Residences of
East Hills.
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.
Date Granted: October 13, 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 Los Angeles and the County of
Alameda, California requested a waiver of 24 CFR 92.252(d)(1) to
allow use of the utility allowance established by the local public
housing agency (PHA) for two HOME-assisted projects--7th and Witmer
Apartments; Meridian Apartments and T. Bailey Manor Apartments; and
La Vereda 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 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 93.400(d)(2).
Project/Activity: The State of California requested a waiver of
24 CFR 93.400(d)(2) to enable the State to retain HTF funds
committed to one HOME-assisted project- PATH Villas Hollywood.
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 local account that are not expended within 5 years
after the date of HUD's execution of the HTF grant agreement.
Therefore, the State must expend its annual HTF allocation within 5
years after the date of HUD's execution of the HTF grant agreement.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: The Department determined that there is
sufficient good cause to grant a waiver of the requirement in 24 CFR
93.400(d)(2) to reduce or recapture the State's FY 2016 HTF funds
committed to PATH Villas Hollywood due to project delays caused by
litigation and the COVID-19 pandemic. Waiving 24 CFR 93.400(d)(2)
will enable the State to retain HTF funds committed to PATH Villas
Hollywood 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.
<bullet> Regulation: 24 CFR 570.209(b)(3)(i)(A).
Project/Activity: The District of Columbia requested a waiver of
the public benefit standard for special economic development
activities. The project entails the use of Community Development
Block Grant (CDBG) funds (which term includes funds received from a
Section 108 guaranteed loan) to support infrastructure construction
for a mixed-use economic development project. This activity is
eligible at 24 CFR 570.703(i)(1) pursuant to 24 CFR 570.203(b) and
will meet the criteria for national objectives under the CDBG
program by creating or retaining permanent jobs where at least 51
percent of the jobs, computed on a full-time equivalent basis,
involve the employment of LMI persons pursuant to 24 CFR
570.208(a)(4).
Nature of Requirement: This regulation provides that an activity
assisted under 24 CFR 570.203 must produce at least a minimum level
of public benefit from the expenditure of CDBG funds. An activity
will be considered to demonstrate sufficient public benefit if it
creates or retains at least one permanent, full time equivalent
(FTE) job per $50,000 in CDBG assistance.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: The scale of the proposed 1.59 million gross
square foot mixed-use economic development project will have a
substantial impact across much of the northeastern portion of the
District through the creation of a new grocery option in an area
that lacks fresh food, jobs, commercial industry, public
infrastructure, and affordable housing. The project will introduce
new neighborhood amenities to an area that has a higher percentage
of low-income citizens than the District as a whole (approximately
52 percent compared to 31 percent for the District as a whole). The
project includes rental housing units that will be designated as
affordable for households making less than 50 percent of the area
median income, helping increase the supply of desperately needed
affordable housing in the District. This will enable more residents
of the District to afford to live in the city where they work. The
project will be transformative for the area, creating a new market
and bringing financial and social opportunity to an underserved part
of the District.
Contact: Paul Webster, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202)
402-4563.
<bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115
(c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee located in the counties included in the declared-
disaster area (see 4630-DR-KY) seeking to expedite action in
response to the 2021 tornados and severe storms, upon notification
to the Community Planning and Development Director in its respective
HUD Field Office. This authority is in effect for grantees in the
declared-disaster areas and is limited to facilitating preparation
of substantial amendments to FY 2021 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: James Arthur Jemison, II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 22, 2021.
Reason Waived: Several Kentucky CPD grantees were affected by
tornados and severe storms weather that hit the state on December
10, 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 December
12, 2021 (4630-DR-KY). 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

[[Page 36528]]

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 91.105(c)(2) and (k); 24 CFR
91.115(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 4630-DR-KY) seeking to expedite action in
response to the 2021 tornados and severe storms, upon notification
to the Community Planning and Development Director in its respective
HUD Field Office. This authority is in effect for grantees within
the declared-disaster areas and is limited to facilitating
preparation of substantial amendments to FY 2021 and prior year
plans
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require the
grantee to follow its citizen participation plan to provide citizens
with reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: James Arthur Jemison, II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 22, 2021.
Reason Waived: As stated above, several Kentucky CPD grantees
were affected by tornados and severe storms weather that hit the
state on December 10, 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 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: 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: Section 105(a) of the Housing and Community
Development Act of1974, as amended (the HCDA) and 24 CFR
570.207(b)(3).
Project/Activity: Any Community Development Block Grant (CDBG)
Entitlement or State CDBG Program grantee located in the declared-
disaster areas (designated in 4630-DR-KY) seeking to expedite action
in response to the disaster, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office.
Nature of Requirement: The regulations at 24 CFR 570.207(b)(3)
prohibit the use of CDBG funds for the construction of new,
permanent residential structures. New housing construction is not
generally an eligible activity under Section 105 of the HCDA. It may
be undertaken indirectly through CDBG assistance provided to
Community Based Development Organizations or other nonprofit
entities specified in Section 105(a)(15) of the HCDA.
Granted By: James Arthur Jemison, II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: HUD recognizes that the disaster caused damage
and destruction to a large number of housing units within the
declared-disaster areas. Allowing new housing construction will
enable CDBG grantees to replace affordable housing units that were
lost as a result of the disaster. To expedite the rebuilding
process, HUD suspends Section 105(a) of HCDA and waives 24 CFR
570.207(b)(3) through the end of a grantee's 2023 program year to
permit grantees to directly use CDBG funds for new housing
construction activities to address damage from the tornados and
severe storms. In addition to the flexibility provided by the
suspension of the statute, grantees are encouraged to take advantage
of the reconstruction provisions at Section 105(a)(4) of the HCDA.
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 Section
105(a)(8) of the HCDA.
Project/Activity: Any CDBG Entitlement grantee or State CDBG
Program unit of local government assisting persons and families who
have registered with FEMA in connection with the disaster upon
notification by the grantee to the Community Planning and
Development Director in its respective HUD Field Office.
Nature of Requirement: Section 105(a)(8) sets forth the
limitation of no more than 15 percent of each grant to be used for
public services. The regulations at 24 CFR 570.201(e) limit the
amount of CDBG funds used for public services to no more than 15
percent of the grantee's most recent CDBG grant plus 15 percent of
program income received.
Granted By: James Arthur Jemison, II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: Several CDBG grantees located within the
declared-disaster areas were affected by the tornados and severe
storms. The waiver granted will allow these grantees to expedite
recovery efforts for low- and moderate-income residents affected by
the disaster; 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
tornados and severe storms; and enable grantees to pay for the basic
daily needs of individuals and families affected by the tornados and
severe storms on an interim basis. This authority is in effect
through the end of the grantee's 2022 program year.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, 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 570.207(b)(4) (Entitlements).
Project/Activity: All CDBG grantees located within and outside
declared-disaster areas (designated in 4630-DR-KY) assisting persons
and families who have registered with FEMA in connection with the
disaster.
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: James Arthur Jemison, II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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 the disaster. The
waiver will allow CDBG grantees, including grantees providing
assistance to evacuees outside the declared-disaster areas, to pay
for the basic daily needs of individuals and families affected by
the disaster on an interim basis. This authority is in effect
through the end of the grantee's 2022 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: 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> Regulations: 24 CFR 574.310(b)(2), Housing Quality
Standards (HQS).
Project/Activity: Property Standards for HOPWA.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum housing quality standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation,

[[Page 36529]]

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 Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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 so long as grantees or project sponsors were
able to visually inspect the unit using technology to ensure the
unit met HQS before any assistance was provided and grantees or
project sponsors had written policies in place to physically
reinspect the unit after health officials determined special
measures to prevent the spread of COVID-19 were no longer necessary.
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; project or tenant-based rental assistance; or operating
costs for one year so long as grantees or project sponsors met the
criteria outlined in the waiver. On March 31, 2021, HUD again waived
this requirement for all applicable housing types until June 30,
2021. On June 30, 2021, HUD extended the waiver until September 30,
2021.
Since the original waiver flexibility expired on September 30,
2021, grantees reported that it was still challenging to physically
inspect units for HQS because of stay-at-home orders for many
grantee workplaces, staffing shortages, and program clients feeling
uncomfortable with other people entering their units out of fear of
contracting COVID-19. As people experiencing homelessness are at
higher risk of COVID-19 infection, and people living with HIV
experience disproportionately poor health outcomes and higher
hospitalization rates due to COVID-19, it continued to be important
to move people living with HIV quickly into their own housing.
Applicability: This waiver was in effect until March 31, 2022
for grantees and project sponsors that met the following criteria:
1. The grantee or project sponsor can visually inspect the unit
using technology, such as video streaming, to ensure the unit meets
HQS before any assistance is provided; and
2. The grantee or project sponsor has written policies that
require physical reinspection of the units not previously physically
inspected by June 30, 2022.
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#fe9f9387d092d08e9f9297929190978dbe968b9ad0999188">[email&#160;protected]</a>.
<bullet> Regulations: 24 CFR 574.320(a)(2), Rent Standard.
Project/Activity: Rent Standard for HOPWA Rental Assistance.
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.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: This waiver enables HOPWA grantees in areas
covered by a major disaster declaration under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), 4630-DR-KY, to expedite efforts to meet the critical housing
needs of low-income people living with HIV and their families in the
declared-disaster areas. Waiving the rent standard requirement,
while still requiring that the unit be rent reasonable in accordance
with Sec. 574.320(a)(3), will make more units available to HOPWA
eligible individuals and families in need of permanent housing in
the declared-disaster areas.
Applicability: The rent standard requirement is waived for any
rent amount that takes effect during the two-year period beginning
on December 21, 2021 for any individual or family who is renting or
executes a lease for a unit in the declared disaster areas. 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). Individuals and families are not required to
register for FEMA assistance in order for this waiver to be
applicable.
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#43222e3a6d2f6d33222f2a2f2c2d2a30032b36276d242c35">[email&#160;protected]</a>.
<bullet> Regulations: 24 CFR 574.320(a)(2), Rent Standard.
Project/Activity: Rent Standard for HOPWA Rental Assistance.
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.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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. On March 31, 2021, HUD again waived
this requirement for all rental assistance types until June 30,
2021. On June 30, 2021, HUD again waived this requirement until
December 31, 2021. As people experiencing homelessness are at higher
risk of COVID-19 infection, and people living with HIV experience
disproportionately poor health outcomes and higher hospitalization
rates due to COVID-19, it continued to be important ensure people
living with HIV can obtain and maintain housing. Extending the
waiver of the FMR rent standard limit, while still requiring that
the unit be rent reasonable in accordance with Sec. 574.320(a)(3),
assisted grantees and project sponsors in ensuring low-income people
living with HIV could obtain and maintain safe, stable housing in
tight rental markets.
Applicability: The FMR requirement continued to be waived until
March 31, 2022. 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#62030f1b4c0e4c12030e0b0e0d0c0b11220a17064c050d14">[email&#160;protected]</a>.
<bullet> Regulations: 24 CFR 574.310(b)(2)(iii), Space and
Security.
Project/Activity: Adequate Space and Security.
Nature of Requirement: This section of the HOPWA regulations
provides that each resident must be afforded adequate space and
security for themselves and their belongings.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: When HUD originally waived this requirement on
March 31, 2020, an end date was not established. Grantees and
project sponsors operating housing facilities and shared housing
arrangements still report need for flexibility to use optional
appropriate spaces for quarantine services of eligible households
affected by COVID-19. Optional spaces may include the placement of
families in a hotel/motel room where family members may be required
to utilize the same space not allowing for adequate space and
security for themselves and their belongings. Therefore, HUD
continued to offer this waiver flexibility, but established an end
date of March 31, 2022.
Applicability: This space and security requirement was waived
until March 31, 2022, for grantees addressing appropriate quarantine
space for affected eligible households during the allotted
quarantined time frame recommended by local health care
professionals.
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#42232f3b6c2e6c32232e2b2e2d2c2b31022a37266c252d34">[email&#160;protected]</a>.
<bullet> Regulations: 24 CFR 574.530, Recordkeeping.
Project/Activity: Source Documentation for Income and HIV Status
Determinations.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: This waiver permits HOPWA grantees and project
sponsors, located within and outside of the areas covered by a major
disaster declaration under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), 4630-
DR-KY, to rely upon a

[[Page 36530]]

family member's self-certification of income and credible
information on their HIV status (such as knowledge of their HIV-
related medical care) 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.
Applicability: This waiver is available to HOPWA grantees,
located within and outside of the declared-disaster areas, to assist
eligible persons and families who have been displaced by the
disaster. Grantees must require written certification of HIV status
and income of such individuals and families seeking assistance and
obtain source documentation of HIV status and income eligibility
within six months of December 21, 2021. Individuals and families are
not required to register for FEMA assistance in order to receive the
benefit of this waiver, unless they are being assisted outside of
the declared-disaster areas.
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#7415190d5a185a0415181d181b1a1d07341c01105a131b02">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 576.106(a), 576.105(a)(5), and
576.105(b)(2).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(a),
576.105(a)(5), and 576.105(b)(2) in the December 21, 2021
memorandum: Availability of Waivers of Community Planning and
Development Grant Program and Consolidated Plan Requirements to
Facilitate Recovery from the Severe Storms, Straight-Line Winds,
Flooding, and Tornadoes. HUD waived the applicable requirements to
the extent necessary to authorize the use of ESG funds to 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).
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 three-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any three-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 to 24 months during the period the
program participant is living in permanent housing.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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 after December 21,
2021, to maintain stable permanent housing in place or in another
area and help them return to their hometowns, as desired, when
additional permanent housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
in the December 21, 2021 memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. HUD waived the
applicable requirement to the extent necessary to authorize the use
of ESG funds to be used above the Fair Market Rent (FMR) amount, not
to exceed rent reasonableness, for any rent amount that takes effect
during the two-year period beginning on December 21, 2021 for any
individual or family who is renting or executes a lease for a unit
in a declared-disaster area.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: This waiver is required 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 the
tornadoes and severe storms. Waiving the FMR restriction will make
more units available to individuals and families in need of
permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.403(c).
Project/Activity: HUD granted a waiver of 24 CFR 576.403(c) in
the December 21, 2021 memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. HUD waived the
applicable requirement 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 meets applicable state and local standards; (2)
each unit is free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA); and (3) recipients assure all units in
which program participants are assisted meet the ESG housing
standards within 60 days of the date of the December 21, 2021
memorandum.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.403(b).
Project/Activity: HUD granted a waiver of 24 CFR 576.403(b) in
the December 21, 2021, memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. HUD waived the
applicable requirement for shelters in the declared disaster area
that are or will be occupied by individuals or families eligible for
ESG emergency shelter assistance, provided that: (1) each shelter
meets applicable state and local standards; (2) each shelter is free
of life-threatening conditions as defined in Notice PIH 2017-20
(HA); and (3) recipients ensure that these shelters meet the ESG
shelter standards within 60 days of the date of the memorandum.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.203(b).

[[Page 36531]]

Project/Activity: HUD granted a waiver of 24 CFR 576.203(b) in
the December 21, 2021 memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. HUD waived the ESG
expenditure deadline only for costs of providing homelessness
prevention and rapid re-housing assistance to individuals and
families under the flexibility provided by the waivers of 24 CFR
576.106(a), 576.105(a)(5), and 576.105(b)(2) and 24 CFR
576.106(d)(1), which were provided in the 12/21/2021 memorandum, and
reasonable HMIS and administrative costs related to that assistance.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: If not waived, the 24-month expenditure deadline
would limit the effectiveness of waivers of the FMR requirement and
the term limits on Rental Assistance and Housing Relocation and
Stabilization Services also granted in the same memorandum.
Providing a limited waiver of the expenditure deadline as described
in the applicability paragraph below will support recipients'
ability to assist individuals and families as provided by the
related waivers.
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(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
in the December 30, 2021 memorandum: 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. HUD waived the applicable requirement for any
individual or family receiving Rapid Re-housing or Homelessness
Prevention assistance who executes a lease for a unit during the
period beginning on December 30, 2021 and ending on March 31, 2022.
The ESG recipient or subrecipient must still ensure that the units
in which ESG assistance is provided to these individuals and
families meet the rent reasonableness standard.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: This waiver is required 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 the
tornadoes and severe storms. Waiving the FMR restriction will make
more units available to individuals and families in need of
permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 576.105(a)(5), (b)(2) and (c).
Project/Activity: HUD granted a waiver of 24 CFR 576.105(a)(5),
(b)(2) and (c) in the December 30, 2021 memorandum: 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. HUD waived the applicable
requirement for program participants receiving rapid re-housing and
homelessness prevention assistance who will have reached these 24-
month limits between December 30, 2021 and March 31, 2022, as long
as the assistance provided under this waiver does not extend beyond
March 31, 2022, and is limited to program participants who will not
be able to obtain or maintain housing without the benefit of this
waiver.
Nature of Requirement: Section 576.105(a)(5) prohibits a program
participant from receiving more than 24 months of utility payments
under ESG during any three-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 to 24
months during the period the program participant is living in
permanent housing. Section 576.105(c) limits the total amount of
time a program participant may receive services under section
576.105(b) to 24 months during any 3-year period.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: This waiver is required for the following
reasons: (1) Those residing in congregate settings, where many
people who lose their housing reside after losing their housing, are
at increased risk of COVID-19 infection; (2) Helping program
participants maintain housing will therefore continue to decrease
the risk of people experiencing and at risk of homelessness from
contracting COVID-19; and (3) Although this waiver flexibility can
already be used with respect to ESG-CV and FY2020 and earlier FY
funds, making this waiver flexibility applicable to the newer FY2021
ESG grant funds will minimize the chances that service providers
will run out of usable ESG funds to help their existing program
participants remain stably housed during these critical winter
months when people are spending most of their time indoors and the
risk of spread is at its highest.
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(a).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(a) in
the December 30, 2021 memorandum: 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. HUD waived the applicable requirement for program
participants receiving rapid re-housing and homelessness prevention
rental assistance who will have reached these 24-month limits
between December 30, 2021 and March 31, 2022, as long as the
assistance provided under this waiver does not extend beyond March
31, 2022, and is limited to program participants who will not be
able to obtain or maintain housing without the benefit of this
waiver.
Nature of Requirement: Section 576.106(a) limits the total
amount of time a program participant may receive rental assistance
to 24 months in a three-year period.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: This waiver is required for the following
reasons: (1) Those residing in congregate settings, where many
people who lose their housing reside after losing their housing, are
at increased risk of COVID-19 infection; (2) Helping program
participants maintain housing will therefore continue to decrease
the risk of people experiencing and at risk of homelessness from
contracting COVID-19; and (3) Although this waiver flexibility can
already be used with respect to ESG-CV and FY2020 and earlier FY
funds, making this waiver flexibility applicable to the newer FY2021
ESG grant funds will minimize the chances that service providers
will run out of usable ESG funds to help their existing program
participants remain stably housed during these critical winter
months when people are spending most of their time indoors and the
risk of spread is at its highest.
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 576.105, 24 CFR 576.106.
Project/Activity: HUD granted a waiver of 24 CFR 576.105 and 24
CFR 576.106 in the December 30, 2021 memorandum: 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. HUD waived 24 CFR

[[Page 36532]]

576.105 and 24 CFR 576.106 to the extent necessary to permit program
participants to receive assistance in units they rent through a
legally valid sublease from the primary leaseholder. This waiver is
only made available with respect to leases and subleases entered
into between December 30, 2021 and March 31, 2022. However, unless
HUD notifies the recipient otherwise, the recipient may continue to
use its FY2021 ESG grant funds to assist program participants housed
under this waiver through the end of their otherwise allowable term
of assistance.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 restrict program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units program participants sublease or
lease from a person other than the owner or the owner's agent.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: This waiver is required to improve recipients'
and subrecipients' chances of helping more program participants move
into housing quickly by quickly identifying housing in tight rental
markets and helping people obtain or maintain housing during this
critical time period, which is necessary to prevent the spread of
COVID-19. In addition, because FY2021 ESG grant funding will remain
available for longer than ESG-CV funding and FY2020 and earlier
fiscal year ESG grants, extending this waiver to FY2021 ESG grants
will maximize the time and opportunities to facilitate stable
housing outcomes for program participants who are housed through
this type of waiver and may need a longer period of ESG assistance
than the expenditure deadlines for ESG-CV and FY2020 and earlier
fiscal year grants would allow.
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,
definition of ``homeless,'' (1)(iii) in the December 30, 2021
memorandum: 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. HUD
waived 24 CFR 576.2, definition of ``homeless,'' (1)(iii) to allow
an individual to qualify as homeless under paragraph (1)(iii) of 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 for individuals whose homeless status is determined between
December 30, 2021 and March 31, 2022.
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 is
considered homeless per 24 CFR 576.2, definition of ``homeless.''
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: This waiver is necessary to decrease the risk of
COVID-19 infection by expanding housing options for people who were
experiencing homelessness and institutionalized for longer than
traditionally required due to COVID-19. Additionally, since people
experiencing homelessness are showing an increased risk of COVID-19
infection, lower vaccination rates and poorer health outcomes when
compared to the general population it is important that they be able
to exit to permanent housing when they exit an institution to allow
for social distancing and decrease the risk of COVID-19 infection.
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.

Continuum of Care (CoC) Program

<bullet> 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: HUD granted a waiver of 24 CFR
578.37(a)(1)(ii), 24 CFR 578.37(a)(1)(ii)(C), and 24 CFR
578.51(a)(1)(i) in the December 21, 2021 memorandum: Availability of
Waivers of Community Planning and Development Grant Program and
Consolidated Plan Requirements to Facilitate Recovery from the
Severe Storms, Straight-Line Winds, Flooding, and Tornadoes. For two
years from December 21, 2021, 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 December 21, 2021.
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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
December 21, 2021, to maintain stable permanent housing in another
area and help them return to their hometowns, as desired, when
additional permanent housing becomes available. It will also provide
additional time to stabilize individuals and families in permanent
housing where vacancy rates are extraordinarily low due to the
disaster. Experience with prior disasters has shown us some program
participants need additional months of rental assistance to identify
and stabilize in housing of their choice, which can mean moving
elsewhere until they are able to return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: HUD granted a waiver of 24 CFR 578.3,
definition of permanent housing, 24 CFR 578.51(l)(1) in the December
21, 2021 memorandum: Availability of Waivers of Community Planning
and Development Grant Program and Consolidated Plan Requirements to
Facilitate Recovery from the Severe Storms, Straight-Line Winds,
Flooding, and Tornadoes. The one-year lease requirement is waived
for two years beginning on December 21, 2021 for program
participants living in a declared-disaster area or program
participants displaced from a declared-disaster area as a result of
the disaster, so long as the initial lease term of all leases is for
more than one month, and the leases are renewable for terms that are
a minimum of one month long and the leases are terminable only for
cause.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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

[[Page 36533]]

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.
<bullet> Regulation: 24 CFR 578.53(e)(2).
Project/Activity: HUD granted a waiver of 24 CFR 578.53(e)(2) in
the December 21, 2021 memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. The one-time limit on
moving costs of program participants is waived for two years
beginning on December 21, 2021 for program participants living in a
declared-disaster area or program participants displaced from a
declared-disaster area as a result of the disaster.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
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.
<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: HUD granted a waiver of 24 CFR 578.49(b)(2) in
the December 21, 2021 memorandum: Availability of Waivers of
Community Planning and Development Grant Program and Consolidated
Plan Requirements to Facilitate Recovery from the Severe Storms,
Straight-Line Winds, Flooding, and Tornadoes. The FMR restriction is
waived for any lease executed by a recipient or subrecipient in
declared-declared areas to provide transitional or permanent
supportive housing during the 2-year period beginning on December
21, 2021. The affected recipient or subrecipient must still ensure
that rent paid for individual units that are leased with CoC Program
leasing dollars meet the rent reasonableness standard in 24 CFR
578.49(b)(2) meaning the rent paid must be reasonable in relation to
rents being charged for comparable units, taking into account the
location, size, type, quality, amenities, facilities, and management
services.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 21, 2021.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
<bullet> Regulation: 24 CFR 578.75(b)(1).
Project/Activity: HUD granted a waiver of 24 CFR 578.75(b)(1),
in the December 30, 2021 memorandum: 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. This 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
March 31, 2022 for recipients and subrecipients that are able to
meet the following criteria: (a) The recipient 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 recipient or subrecipient has written policies that require
physical inspection of the units not previously physically inspected
by June 30, 2022.
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 Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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. On September 30,
2020, HUD waived the physical inspection requirement at 24 CFR
578.75(b)(1) until December 31, 2020, which HUD then extended until
March 31, 2021, June 30, 2021, and September 30, 2021, so long as
recipients and subrecipients could meet certain criteria outlined in
the waiver. Since the original waiver flexibility expired on
September 30, 2021, recipients report that it is challenging to
physically inspect units for HQS because of staffing shortages and
program participants being uncomfortable with other people entering
their units out of fear of contracting COVID-19. Due to the
increased risk of COVID-19 infection, low vaccination rates and
poorer health outcomes of people experiencing homelessness if they
contract COVID-19, it continues to be important to move people
quickly into their own housing to enable social distancing and
prevent the spread of COVID-19. Additionally, recipients need time
to prepare staff to inspect (and reinspect as discussed below) units
for HQS. Therefore, HUD is again waiving the initial inspection
requirement at 24 CFR 578.75(b)(1) as further specified below to
allow recipients to move people from the streets and shelters into
housing 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 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: HUD granted a waiver of 24 CFR 578.75(c) and
24 CFR 982.401(d)(2)(ii) as required by 24 CFR 578.75(b), in the
December 30, 2021 memorandum: 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. 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 Re-housing assistance for leases and
occupancy agreements executed by recipients and subrecipients
between December 30, 2021 and March 31, 2022. Assisted units with
leases of occupancy agreements signed during the waiver period may
have more than two persons for each bedroom or living/sleeping room
until the later of (1) the end of the initial term of the lease or
occupancy agreement; or (2) March 31, 2022. As a

[[Page 36534]]

reminder, 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 Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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. HUD
extended these flexibilities on December 30, 2020, to the later of
(1) the end of the initial term of the lease or occupancy agreement;
or (2) March 31, 2021. HUD again extended these flexibilities on
March 31, 2021, to the later of (1) the end of the initial term of
the lease or occupancy agreement; or (2) June 30, 2021. HUD again
extended these flexibilities on July 1, 2021, to the later of (1)
the end of the initial term of the lease or occupancy agreement; or
(2) December 31, 2021. As of December 30, 2021, there continues to
be a 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. Further, low vaccination rates
and poorer health outcomes, compounded by the increased risk for
COVID-19 infection, require that we expedite program participants'
transition from homelessness to housing. Therefore, HUD is waiving
the requirements at 24 CFR 982.401(d)(2)(ii) and 24 CFR 578.75(c) as
further specified below to reduce the spread of COVID-19 by allowing
households to move into housing instead of staying in congregate
shelter. However, 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.
<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: HUD granted a waiver of 24 CFR 578.49(b)(2),
in the December 30, 2021 memorandum: 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. The FMR restriction continues to be waived for
any lease executed by a recipient or subrecipient to provide
transitional or permanent supportive housing until March 31, 2022.
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: 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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. On December 30, 2020, HUD
again waived this requirement until March 31, 2021. On March 31,
2021, HUD again waived this requirement until June 30, 2021. On July
1, 2021, HUD again waived this requirement until December 31, 2021.
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 in tight rental
markets. This is necessary due to the increased risk of COVID-19
infection, the low vaccination rates and poorer health outcomes from
COVID-19 experienced by individuals and families experiencing
homelessness when compared to the general population. Permanent
housing allows for social distancing and reduces the risk of COVID-
19 infection.
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(l)(1).
Project/Activity: HUD granted a waiver of 24 CFR 578.3,
definition of permanent housing, 24 CFR 578.51(l)(1)in the December
30, 2021 memorandum: 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. The one-year lease requirement is waived for leases
executed between December 30, 2021 and March 31, 2022, so long as
the initial term of all leases is at least one month.
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 for cause.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: HUD originally waived this requirement for 6-
months on March 31, 2020, again until December 31, 2020 on September
30, 2020, again until March 31, 2021 on December 30, 2020, again on
March 31, 2021 until June 30, 2021, and again on July 1, 2021 until
December 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 report challenges in
identifying housing for program participants in tight rental markets
due to the economic impact of COVID-19. Additionally, helping
program participants move into housing quickly will continue to
decrease the risk of people experiencing homelessness of contracting
COVID-19 even after special measures are no longer necessary to
prevent the spread of COVID-19 since people experiencing
homelessness are at increased risk of COVID-19 infection, show lower
rates of vaccination and poorer health outcomes from COVID-19 when
compared to the general population.
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: HUD granted a waiver of 24 CFR 578.75(b)(2),
in the December 30, 2021 memorandum: 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. The requirement at 24 CFR 578.75(b)(2) was
waived until March 31, 2022 for recipients and subrecipients that
are able to visually re-inspect the unit using technology, such as
video streamlining, to ensure the unit meets HQS.
Nature of Requirement: 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.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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. On March 31, 2021, HUD extended the waiver until
June 30, 2021. On July 1, 2021, HUD extended the waiver until
September 30, 2021. Since the original waiver flexibility expired on
September 30, 2021, recipients report that it is challenging to
physically re-inspect units for HQS because of staffing shortages
and program participants being uncomfortable having other people
enter their units out of fear of contracting COVID-19. It continues
to be important to maintain housing for people to enable social
distancing and prevent the spread of COVID-19. Therefore, HUD is
again waiving the requirement to inspect all units supported by
leasing and rental assistance funds.

[[Page 36535]]

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: HUD granted a waiver of 24 CFR 578.3,
definition of ``homeless'' (1)(iii), in the December 30, 2021
memorandum: 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. 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 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 March 31, 2022.
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 is
considered homeless per 24 CFR 578.3, definition of ``homeless.''
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 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 9 postponed court dates due to
courts closings or courts operating at reduced capacity and longer
hospital stays when infected with COVID-19). HUD again waived this
requirement on March 31, 2021 until June 30, 2021 and again on July
1, 2021 until December 31, 2021. 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. Additionally, since people experiencing
homelessness are at higher risk of COVID-19 infection, showing lower
vaccination rates and poorer health outcomes when compared to the
general population it is important that they be able to exit to
permanent housing when they exit an institution to allow for social
distancing and prevent the spread of 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 578.37(a)(1)(ii), 24 CFR
578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i).
Project/Activity: HUD granted a waiver of 24 CFR
578.37(a)(1)(ii), 24 CFR 578.37(a)(1)(ii)(C), and 24 CFR
578.51(a)(1)(i), in the December 30, 2021 memorandum: 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. The 24-month rental assistance
restriction is waived for program participants in permanent housing
rapid re-housing project who will have reached 24 months of rental
assistance until March 31, 2022. Program participants who have
reached 24 months of rental assistance during this time and who will
not be able to afford their rent without additional rental
assistance will be eligible to receive rental assistance until March
31, 2022.
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 rental assistance in rapid re-
housing projects to medium-term rental assistance, or no more than
24 months.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: HUD originally waived this requirement on May 22,
2020 until 3 months after a state or local public health official
has determined special measures are no longer necessary to prevent
the spread of COVID-19. Recipients continue to report program
participants are experiencing difficulty affording rent even after
receiving 24 months of rental assistance. On July 1, 2021, HUD
established an end date of this waiver of December 31, 2021.
However, continuing to waive the limit on using rental assistance in
rapid re-housing projects to pay more than 24 months will ensure
that individuals and families currently receiving rapid re-housing
assistance do not lose their assistance, and consequently their
housing, during the COVID-19 public health crisis and the subsequent
economic downturn. Because COVID-19 has been shown to rapidly spread
in shelter settings, which is where many individuals and families
will reside if they lose their housing, this will reduce the number
of people who become homeless again due to the economic impact of
COVID-19 and thus decrease the risk of COVID-19 infection.
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) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: HUD granted a waiver of 24 CFR 578.103(a) and
24 CFR 578.103(a)(4)(i)(B), in the December 30, 2021 memorandum:
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. The requirement
that staff-recorded observation of disability be confirmed and
accompanied by other evidence no later than 45 days from the
application for assistance documentation requirement is waived until
March 31, 2022. A written certification by the individual seeking
assistance that they have a qualifying disability will be acceptable
documentation approved by HUD under 24 CFR 578.103(a)(4)(i)(B)(5)
until March 31, 2021.
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: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 30, 2021.
Reason Waived: On March 31, 2020, HUD waived the requirement to
obtain additional evidence within 45 days and instead allowed
recipients up to 6-months from the date of application for
assistance to confirm intake staff-recorded observations of
disability with other evidence because recipients were reporting
difficulty obtaining third-party documentation of disability in the
middle of a pandemic, impacting their ability to house potential
program participants quickly. On September 30, 2020, HUD waived, in
its entirety, the requirement to obtain additional evidence to
verify intake staff-recorded observations of disability until public
health officials determine no additional special measures are
necessary to prevent the spread of COVID-19. On July 1, 2021, HUD
extended this waiver until December 31, 2021. Many communities
continue to experience substantial rates of COVID-19 and
hospitalizations and resulting in staff shortages for non-COVID
related concerns. As a result of this and of reduced hours of
agencies and providers that can provide disability documentation,
recipients are reporting that obtaining documentation of a
disability still takes longer than usual. Because of the increased
risk of COVID-19 infection and poorer health outcomes from COVID-19
experienced by people

[[Page 36536]]

experiencing homelessness when compared to the general population it
remains important to house people quickly to allow for social
distancing and decrease the risk of COVID-19 infection. Therefore,
HUD is continuing this waiver flexibility until March 31, 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 number (202) 708-4300.

II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)

For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 200.73(c), Property Development.
Project/Activity: Boardwalk Apartments, Project No. 042-35579
and Glenville Apartments, Project No. 041-35520, Cleveland, Ohio.
Nature of Requirement: 24 CFR 200.73 (c). The regulation
requires that not less than five rental dwelling units [of an FHA
insured multifamily housing project] shall be on one site. Chapter 3
Section 3.1.30 of the MAP Guide permits a project with two or more
non-contiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity. The regulation requires
that a site contain not less than 5 rental dwelling units and reads
as follows:
(c) The improvements shall constitute a single project. Not less
than five rental dwelling units or personal care units, 20 medical
care beds, or 50 manufactured home pads, shall be on one site,
except that such limitations do not apply to group practice
facilities.
The Boardwalk Glenville is a Section 221(d)(4) substantial
renovation project of two separate FHA-insured loans, Boardwalk
Apartments and Glenville Apartments. The two projects total 26
scattered sites, 173 apartment units plus a management office, are
owned by Boardwalk Glenville Limited Partnership, and located in
Cleveland, Ohio. The Lender included in the waiver request a roster
of each building's address, parcel, total site count and bedroom
unit count and configuration. The proposed FHA-insured mortgage
amount is $9,200,000, that is $56,000 per unit in hard costs planned
for the renovation of the existing units and the construction of a
new community building. The Boardwalk Glenville project will also
receive $21,266,657 in additional funding from a variety of sources
such as local bank loans, HOME, deferred and contributed developer
fees, seller notes and Low-Income Housing Tax Credit equity.
Granted By: Lopa P. Kolluri, Principal Deputy Assistant
Secretary Office of Housing--Federal Housing Administration, H.
Date Granted: December 10, 2021.
Reason Waived: The sponsors recently purchased the properties
and intend to merge the two properties into one marketable project.
To accomplish this goal, the sponsors are applying for a 4% LIHTC
allocation to rehabilitate buildings and construct a new 2,000
square foot neighborhood community building located adjacent to the
existing Management Office. In addition, Glenville has 50 units
covered by a Section 8 HAP Contract. Boardwalk has 123 units covered
by a Section 8 HAP Contract. In the proposed Firm Application, the
owners will request a 20-year renewal of both HAP contracts. The
proposed 221(d)(4) FHA-insured transaction and rehabilitation of the
properties will ensure the subject property continues as affordable,
marketable, and viable in the community. The waiver will meet HUD's
goal of preserving and maintain affordable rental housing for low-
income families.
Contact: Thomas A. Bernaciak, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20410-8000, telephone (202) 402-3242.
<bullet> Regulation: 24 CFR 203.604 Servicing Responsibilities,
Contact with the Mortgagor.
Project/Activity: Temporary, Partial Waiver of Servicing
Mortgagee's Responsibility to Contact Mortgagor in Person.
Nature of Requirement: 24 CFR 203.604 Contact with the
Mortgagor, under Mortgagee Actions under Subpart C--Servicing
Responsibilities requires mortgagees to have a face-to-face
interview with the mortgagor, or make a reasonable effort to arrange
such a meeting, before three full monthly installments due on the
mortgage are unpaid.
Granted By: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: December 2, 2021.
Reason Waived: HUD's servicing requirement for FHA-insured
forward mortgages requires that a mortgagee conduct a face-to-face
interview with the borrower, which is not practical given the public
health recommendations being disseminated by local, state, and
federal government agencies to limit contact between individuals, in
order to contain the spread of the COVID-19 virus and its variants.
HUD recognizes that, beyond government recommendations, there is
public concern about possible transmission of COVID-19 from in-
person contact, and that mortgagees and borrowers may be hesitant to
meet in-person. FHA-approved mortgagees have been able to
successfully establish contact with borrowers through alternate
methods, gather and convey required information, and determine the
borrower's circumstances and appropriate repayment plans, as
required by Sec. 203.604, without a face-to-face interview. The
waiver was granted to protect the public health while ensuring
delinquent borrowers were provided the opportunity to learn about
options available to bring their mortgages current.
Contact: Elissa Saunders, Acting Director, Office of Single
Family Program Development, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 9278, Washington,
DC 20410, telephone (202) 402-2378, <a href="/cdn-cgi/l/email-protection#eca980859f9f8dc2a3c2bf8d998288899e9fac849988c28b839a">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 3282.14(b), Alternative construction
of manufactured homes, 1/16/84.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter for Swinging Exterior Passage Doors
(21-IW1-AC).
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes.
Granted By: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: December 13, 2021.
Reason Waived: Many manufactured home manufacturers are
currently facing shortages in the supply of swinging exterior
passage doors that are listed or specifically certified for use in
manufactured homes due to COVID-19 pandemic impacts. The major
supply line of certified swinging exterior passage doors cannot meet
the current and near term future demands of the manufactured housing
industry, yet alternative door options are available that provide
performance equivalent or superior to that required by the Standards
yet cannot be utilized without an Alternative Construction approval.
To resolve this matter for the whole industry in an expedient manner
while protecting the health and safety of consumers and maintaining
durability of the homes, this regulatory waiver was granted to allow
the Office of Manufactured Housing Programs to provide an industry-
wide Alternative Construction approval letter that could be used by
any manufacturer experiencing supply chain issues for swinging
exterior passage doors.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410-
0800, (202) 402-5365, <a href="/cdn-cgi/l/email-protection#0c58697e697f6d2240225c6d7562694c647968226b637a">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 3282.14(b), Alternative construction
of manufactured homes, 1/16/84.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter for Electrical Circuit Breakers for
Water Heater Installations (20-IW2-AC).
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes.
Granted By: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: December 13, 2021.
Reason Waived: Since the early months of the pandemic, the
manufactured housing

[[Page 36537]]

industry has continued to encounter difficulties in obtaining
certain electrical circuit breakers. Although pandemic and national
emergency restrictions are easing nationwide and production has
resumed, manufacturers continue to struggle to procure these circuit
breakers due to supply chain issues and personnel shortages. In
order to build a manufactured home in compliance with the
Manufactured Home Construction and Safety Standards, (24 Code of
Federal Regulations (CFR) 3280, et seq. (the Standards),
manufacturers must use circuit breakers that have been certified to
specific standards, incorporated by reference. Specifically, there
are limited supplies of 25 ampere (amp), double-pole circuit
breakers that are necessary for Rheem brand 4,500-watt, 240-volt
water heater installations to conform to HUD's Standards.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410,
telephone (202) 402-5365, <a href="/cdn-cgi/l/email-protection#de8abbacbbadbff092f08ebfa7b0bb9eb6abbaf0b9b1a8">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 219.220(b)(1995).
Project/Activity: Seniority House, Springfield, Massachusetts.
Nature of Requirement: The regulation at 24 CFR
219.220(b)(1995), which governs the repayment of operating
assistance provided under the Flexible Subsidy Program for Troubled
Projects, states ``Assistance that has been paid to a project owner
under this subpart must be repaid at the earlier of expiration of
the term of the mortgage, termination of mortgage insurance,
prepayment of the mortgage, or a sale of the project.'' The Project
was awarded a Flexible Subsidy Operating Assistance Loan in the
amount of $2,392,748.00 in September 1992 at 1 percent interest per
annum.
Granted By: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing.
Date Granted: November 21, 2021.
Reason Waived: The owner requested and was granted waiver of the
requirement to repay the Flexible Subsidy Operating Assistance Loan
in full when it became due. Deferring the loan payment will preserve
the affordable housing resource for an additional 20 years through
the execution and recordation of a Rental Use Agreement. The request
to defer the Flexible Subsidy payment is part of the owner's
proposal to apply for Tenant Protection Vouchers (TPV) assistance
under PIH 2019-01/Housing Notice 2019-02, Funding Availability for
Set-Aside Tenant Protection Vouchers (Notice H 2019-02). Per Section
III A(5) of Notice H 2019-02, the Owner has elected for a Project
Based Voucher (PBV) contract in lieu of Enhanced Vouchers. The owner
currently anticipates structuring a preservation transaction
involving the syndication of 4% Low Income Housing Tax Credit
(LIHTC) at the end of this year.
The owner plans to use approximately $161,698 698 ($460,698-
$167,000 remain in account and use $132,000 for roof repairs) of the
reserve for replacement funds when the Use Agreement is executed to
pay down part of the outstanding balance including interest of
$3,074,855.58 Flex Sub Loan balance, which is in compliance with
Housing Notice 2011-05, Policies and Procedures for the deferred
repayment of Operating Assistance Flexible Subsidy Loans (Notice H
2011-05).
The remaining balance of the Flex Sub Loan will be secured by a
Surplus Cash Note. The owner will allocate up to a maximum of 75%
percent of surplus cash on an annual basis to pay down the loan. If
the preservation transaction is not pursued, the owner will still be
subject to the 75 percent Surplus Cash Note requirements.
Contact: Brenda Sharon Young, Transaction Manager, Office of
Recapitalization, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6128, Washington, DC 20410,
telephone (202) 402-6275 or <a href="/cdn-cgi/l/email-protection#226050474c46430c710c7b4d574c45624a57460c454d54">[email&#160;protected]</a>.

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: Section 19(A)(1).
Project/Activity: Aurora Housing Authority, Nebraska.
Nature of Requirement: Section 19(A)(1) prohibits a PHA from
entering into a contract, subcontract, or arrangement in connection
with the administration of its public housing program where any
present or former member or officer of the governing body of the PHA
has an interest, direct or indirect, during his or her tenure or for
one year thereafter.
Date Granted: October 1, 2021.
Contact: Todd Thomas, Director, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 4228,
Washington, DC 20410, telephone (202) 402-5687.
<bullet> Regulation: 24 CFR 1000.14.
Project/Activity: Tlingit Haida Regional Housing Authority's
(THRHA) Voluntary purchase of parcel with Indian Housing Block Grant
(IHBG) funds.
Nature of Requirement: The regulation at 24 CFR 1000.14 requires
an appraisal to be completed by a qualified appraiser before
property is purchased with IHBG funds.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Date Granted: October 21, 2021.
Reason Waived: The parcel identified for purchase by THRHA
required an appraiser with a general appraisal license to complete
an appraisal. THRHA contacted all the appraisers in the Juneau-
Douglas area, but none had this certification. The only qualified
appraiser in Southeast Alaska was closed due to COVID-19, and the
only viable alternative would have been to try to get an appraiser
with the required certification from outside the area to travel to
Juneau for the appraisal, which would have incurred additional costs
and scheduling issues. Because of THRHA's extensive experience in
the local market and due diligence in performing a cost estimate for
the voluntary purchase of this parcel, THRHA's request to waive the
appraisal requirement at 24 CFR 1000.14 was found to be reasonable
and justified.
Contact: Greg Stuckey, Administrator, Alaska Office of Native
American Programs, 3000 C Street, Suite 401, Anchorage, AK 99503,
telephone (907) 677-9860 or AKONAP Administrator, at
<a href="/cdn-cgi/l/email-protection#7b3c091e1c553655280f0e18101e023b130e1f551c140d">[email&#160;protected]</a>.

[FR Doc. 2022-13128 Filed 6-16-22; 8:45 am]
BILLING CODE P

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