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Notice2023-22602

Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2023

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Published

October 16, 2023

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 April 1, 2023 and ending on June 30, 2023.

Full Text

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<title>Federal Register, Volume 88 Issue 198 (Monday, October 16, 2023)</title>
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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71402-71430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22602]

[[Page 71401]]

Vol. 88

Monday,

No. 198

October 16, 2023

Part II

Department of Housing and Urban Development

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Notice of Regulatory Waiver Requests Granted for the Second Quarter of
Calendar Year 2023; Notice

Federal Register / Vol. 88 , No. 198 / Monday, October 16, 2023 /
Notices

[[Page 71402]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6395-N-02]

Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2023

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 April 1, 2023 and ending on June 30, 2023.

FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (this is not a toll-free number). HUD welcomes
and is prepared to receive calls from individuals who are deaf or hard
of hearing, as well as individuals with speech and communication
disabilities.
To learn more about how to make an accessible telephone call,
please visit please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
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 second quarter of calendar year 2023.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from April
1, 2023, through June 30, 2023. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2023) before the next report is published (the third
quarter of calendar year 2023), HUD will include any additional waivers
granted for the second 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 April 1, 2023 Through June
30, 2023

Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:

I. Regulatory waivers granted by the Office of Community Planning
and Development
II. Regulatory waivers granted by the Office of 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 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster area (see FEMA-DR-4698-AR) affected
by the severe storms and tornadoes in Arkansas.
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
Sec. 92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for

[[Page 71403]]

HOME assistance of persons displaced by the disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as evidenced by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from April 11, 2023. The participating jurisdiction or, as
appropriate, HOME project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4698-AR).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the participating jurisdiction, for a period of 24
months after April 11, 2023. The provision of 24 CFR 92.209(h)(1)
imposing the maximum amount of TBRA assistance a participating
jurisdiction may provide to a family under HOME TBRA is waived for
TBRA recipients who are displaced by the disaster, as evidenced by
the family's FEMA registration, for a period of 24 months after
April 11, 2023. The other provisions of 24 CFR 92.209(h) are not
waived. The waiver of the housing quality standards requirements at
24 CFR 92.209(i) applies to units leased by TBRA recipients who were
displaced by the disaster, as evidenced by the recipient's FEMA
registration, and are being assisted through a HOME TBRA program
funded by the participating jurisdiction for a period of 24 months
after April 11, 2023. Units must meet any applicable State and local
health and safety codes and requirements. The lead safe housing
requirements of 24 CFR part 35, subpart M, made applicable to units
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR
92.355, are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas (see FEMA-DR-4698-AR).
Nature of Requirement: Section 220(a) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12750(a)) (NAHA) and 24
CFR 92.218 require all HOME participating jurisdictions to
contribute throughout the fiscal year to housing that qualifies as
affordable housing under the HOME program. The contributions must
total no less than 25 percent of the HOME funds drawn from the
participating jurisdiction's HOME Investment Trust Fund Treasury
account. Section 220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec.
92.222(b) also permit HUD to reduce this matching requirement for a
participating jurisdiction located in a declared-disaster area for
any funds drawn from a participating jurisdiction's HOME Investment
Trust Fund by up to 100 percent during any part of a fiscal year
impacted by the disaster. However, Sec. 92.222(b)(1) imposes
certain conditions in granting the reduction to the matching
requirement which HUD has determined there is sufficient good cause
to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on a case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and the need to identify and provide matching contributions to HOME
projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster areas
from October 1, 2022, through September 30, 2024. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4698-AR).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction. Property
standard requirements are waived for repair of properties damaged by
the disaster.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: This waiver is required to enable the
participating jurisdiction to meet the critical housing needs of
families whose housing was damaged and families who were displaced
by the disaster.
Applicability: This waiver applies only to housing units located
in the declared-disaster areas which were damaged by the disaster
and to which HOME funds are committed within two years of April 11,
2023. Units must meet State and local health and safety codes. The
lead housing safety regulations established in 24 CFR part 35 are
not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4698-AR).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Many families whose homes were destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HTF assistance if the
requirement remains effective. This waiver permits the grantee to
use self-certification of income, as provided in section
93.151(d)(2), for HTF assisted units in lieu of source documentation
to determine initial eligibility of persons displaced by the
disaster.

[[Page 71404]]

Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from April 11, 2023. The grantee
or, as appropriate, HTF project owner, is required to maintain: (1)
a record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The City of Omaha, Nebraska, 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 Kennedy
Square East, a HOME-assisted project.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 21, 2023.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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: Any participating jurisdiction or grantee
located in the declared-disaster area (see FEMA-DR-4699-CA) affected
by the severe winter storms, straight-line winds, flooding,
landslides, and mudslides in California.
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
Sec. 92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as documented by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from May 17, 2023. The participating jurisdiction or, as
appropriate, HOME project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4699-CA).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. And section 92.209(i) requires that units occupied
by TBRA recipients meet the housing quality standards established in
24 CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the participating jurisdiction, for a period of 24
months after May 17, 2023. The provision of 24 CFR 92.209(h)(1)
imposing the maximum amount of TBRA assistance a participating
jurisdiction may provide to a family under HOME TBRA is waived for
TBRA recipients who are displaced by the disaster, as evidenced by
the family's FEMA registration, for a period of 24 months after May
17, 2023. The other provisions of 24 CFR 92.209(h) are not waived.
The waiver of the housing quality standards requirements at 24
CFR 92.209(i) applies to units leased by TBRA recipients who were
displaced by the disaster, as evidenced by the recipient's FEMA
registration, and are being assisted through a HOME TBRA program
funded by the participating jurisdiction for a period of 24 months
after May 17, 2023. Units must meet any applicable State and local
health and safety codes and requirements. The lead safe housing
requirements of 24 CFR part 35, subpart M, made applicable to units
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR
92.355, are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas (see FEMA-DR-4699-CA).
Nature of Requirement: Section 220(a) of NAHA and 24 CFR 92.218
require all HOME participating jurisdictions to contribute
throughout the fiscal year to housing that qualifies as affordable
housing under the HOME program. The contributions must total no less
than 25 percent of the HOME funds drawn from the participating
jurisdiction's HOME Investment Trust Fund Treasury account. Section
220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec. 92.222(b) also
permit HUD to reduce this matching requirement for a participating
jurisdiction located in a declared-disaster area for any funds drawn
from a participating jurisdiction's HOME Investment Trust Fund by up
to 100 percent during any part of a fiscal year impacted by the
disaster. However, Sec. 92.222(b)(1) imposes certain conditions in
granting the reduction to the matching requirement which HUD has
determined there is sufficient good cause to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those

[[Page 71405]]

needs, the approval of a 100 percent match reduction for
participating jurisdictions in the declared-disaster areas, rather
than on an case-by-case basis, will relieve administrative and
financial burden on affected participating jurisdictions by
expediting the process for reduction and the need to identify and
provide matching contributions to HOME projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster areas
from October 1, 2022, through September 30, 2024. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4699-CA).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction. Property
standard requirements are waived for repair of properties damaged by
the disaster.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is required to enable the
participating jurisdiction to meet the critical housing needs of
families whose housing was damaged and families who were displaced
by the disaster.
Applicability: This waiver applies only to housing units located
in the declared-disaster areas which were damaged by the disaster
and to which HOME funds are committed within two years of May 17,
2023. Units must meet State and local health and safety codes. The
lead housing safety regulations established in 24 CFR part 35 are
not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4699-CA).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary.
Date Granted: May 17, 2023.
Reason Waived: Many families whose homes were destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HTF assistance if the
requirement remains effective. This waiver permits the grantee to
use self-certification of income, as provided in section
93.151(d)(2), for HTF assisted units in lieu of source documentation
to determine initial eligibility of persons displaced by the
disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from May 17, 2023. The grantee or,
as appropriate, HTF project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any participating jurisdiction or grantee
located in the declared-disaster area (see FEMA-DR-4701-TN) affected
by the severe storms, straight-line winds, and tornadoes in
Tennessee.
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
Sec. 92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the declared-disaster areas to assist
those displaced by the disaster. This waiver applies only to
families displaced by the disaster (as evidenced by FEMA
registration) whose income documentation was destroyed or made
inaccessible by the disaster and remains in effect for six months
from May 17, 2023. The participating jurisdiction or, as
appropriate, HOME project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4701-TN).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. And section 92.209(i) requires that units occupied
by TBRA recipients meet the housing quality standards established in
24 CFR 982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving these provisions will provide the
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
Applicability: All of these waivers are only available to a
participating jurisdiction within the declared-disaster area or a
State participating jurisdiction of the declared-disaster area
providing TBRA to those displaced by the disaster, in accordance
with the applicable conditions described below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts a participating jurisdiction executes
for persons or families displaced by the disaster, as evidenced by
the tenant's FEMA registration or other relevant documentation
acceptable to the participating jurisdiction, for a period of 24
months after May 17, 2023. The provision of 24 CFR 92.209(h)(1)
imposing the maximum amount of TBRA assistance a participating
jurisdiction may provide to a family under HOME TBRA is waived for
TBRA recipients who are displaced by the disaster, as evidenced by
the family's FEMA registration, for a period of 24 months after May
17, 2023. The other provisions of 24 CFR 92.209(h) are not waived.
The waiver of the housing quality standards requirements at 24 CFR
92.209(i) applies to units leased by TBRA recipients who were
displaced by the disaster, as evidenced by the recipient's FEMA
registration, and are being assisted through a HOME TBRA program
funded by the participating jurisdiction for a period of 24 months
after May 17, 2023. Units must meet any applicable State and local
health and safety codes and requirements. The lead safe housing
requirements of 24 CFR part 35,

[[Page 71406]]

subpart M, made applicable to units leased by recipients of HOME
TBRA by the HOME regulation at 24 CFR 92.355, are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Any participating jurisdiction located in the
declared-disaster areas (see FEMA-DR-4701-TN).
Nature of Requirement: Section 220(a) of NAHA and 24 CFR 92.218
require all HOME participating jurisdictions to contribute
throughout the fiscal year to housing that qualifies as affordable
housing under the HOME program. The contributions must total no less
than 25 percent of the HOME funds drawn from the participating
jurisdiction's HOME Investment Trust Fund Treasury account. Section
220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec. 92.222(b) also
permit HUD to reduce this matching requirement for a participating
jurisdiction located in a declared-disaster area for any funds drawn
from a participating jurisdiction's HOME Investment Trust Fund by up
to 100 percent during any part of a fiscal year impacted by the
disaster. However, Sec. 92.222(b)(1) imposes certain conditions in
granting the reduction to the matching requirement which HUD has
determined there is sufficient good cause to waive.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Given the urgent housing needs created by the
disaster and the substantial financial impact the participating
jurisdiction will face in addressing those needs, the approval of a
100 percent match reduction for participating jurisdictions in the
declared-disaster areas, rather than on an case-by-case basis, will
relieve administrative and financial burden on affected
participating jurisdictions by expediting the process for reduction
and the need to identify and provide matching contributions to HOME
projects.
Applicability: This match reduction applies to funds expended by
a participating jurisdiction located in the declared-disaster areas
from October 1, 2022, through September 30, 2024. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4701-TN).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction. Property
standard requirements are waived for repair of properties damaged by
the disaster.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is required to enable the
participating jurisdiction to meet the critical housing needs of
families whose housing was damaged and families who were displaced
by the disaster.
Applicability: This waiver applies only to housing units located
in the declared-disaster areas which were damaged by the disaster
and to which HOME funds are committed within two years of May 17,
2023. Units must meet State and local health and safety codes. The
lead housing safety regulations established in 24 CFR part 35 are
not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4701-TN).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Many families whose homes were destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HTF assistance if the
requirement remains effective. This waiver permits the grantee to
use self-certification of income, as provided in section
93.151(d)(2), for HTF assisted units in lieu of source documentation
to determine initial eligibility of persons displaced by the
disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from May 17, 2023. The grantee or,
as appropriate, HTF project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Any insular area located in the declared-
disaster area (see FEMA-DR-4715-GU) affected by Typhoon Mawar.
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: Many families whose housing was destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HOME assistance if the
requirement remains effective. This waiver permits the insular area
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 evidenced by FEMA registration) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from June 26, 2023. The insular
area 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
(see FEMA-DR-4715-GU).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that an
insular area may pay toward a TBRA recipient's rent to the
difference between the participating jurisdiction's rent standard
for the unit size and 30 percent of the family's monthly adjusted
income. And section 92.209(i) requires that units occupied by TBRA
recipients meet the housing quality standards established in 24 CFR
982.401.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: Waiving these provisions will provide the insular
area with greater flexibility to use tenant-based rental assistance
as an emergency housing resource.

[[Page 71407]]

Applicability: All of these waivers are only available to the
insular area in accordance with the applicable conditions described
below.
The requirement in 24 CFR 92.209(e) that the start date of a
TBRA contract begin on the first day of the term of a tenant's lease
is waived for TBRA contracts the insular area executes for persons
or families displaced by the disaster, as evidenced by the tenant's
FEMA registration or other relevant documentation acceptable to the
insular area, for a period of 24 months after June 26, 2023. The
provision of 24 CFR 92.209(h)(1) imposing the maximum amount of TBRA
assistance the insular area may provide to a family under HOME TBRA
is waived for TBRA recipients who are displaced by the disaster, as
evidenced by the family's FEMA registration, for a period of 24
months after June 26, 2023. The other provisions of 24 CFR 92.209(h)
are not waived. The waiver of the housing quality standards
requirements at 24 CFR 92.209(i) applies to units leased by TBRA
recipients who were displaced by the disaster, as evidenced by the
recipient's FEMA registration, and are being assisted through a HOME
TBRA program funded by the insular area for a period of 24 months
after June 26, 2023. Units must meet any applicable State and local
health and safety codes and requirements. The lead safe housing
requirements of 24 CFR part 35, subpart M, made applicable to units
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR
92.355, are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.251.
Project/Activity: Projects located in the declared-disaster area
(see FEMA-DR-4715-GU).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction. Property
standard requirements are waived for repair of properties damaged by
the disaster.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: This waiver is required to enable the insular
area 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 which
were damaged by the disaster and to which HOME funds are committed
within two years of June 26, 2023. Units must meet State and local
health and safety codes. The lead housing safety regulations
established in 24 CFR part 35 are not waived. Also, accessibility
requirements at 24 CFR 92.251(a)(2)(i) are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 93.151(c).
Project/Activity: Projects located in the declared-disaster area
(see FEMA-DR-4715-GU).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: Many families whose homes were destroyed or
damaged by the disaster will not have any documentation of income
and will not be able to qualify for HTF assistance if the
requirement remains effective. This waiver permits the grantee to
use self-certification of income, as provided in section
93.151(d)(2), for HTF assisted units in lieu of source documentation
to determine initial eligibility of persons displaced by the
disaster.
Applicability: This waiver applies only to families displaced by
the disaster (as documented by FEMA registration or other
documentation acceptable to the insular area) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from June 26, 2023. The grantee or,
as appropriate, HTF project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

Modified Waiver and Alternative Requirement To Provide Rental
Assistance

<bullet> Regulation: Alternative requirement to 42 U.S.C.
5305(a)(8) in section II.B.6. of the Community Development Block
Grant Disaster Recovery (CDBG-DR) Consolidated Notice published in
the Federal Register on February 3, 2022, at 87 FR 6364 (the
``February 2022 Notice''), May 24, 2022 at 87 FR 31636 (the ``May
2022 Notice''), and January 18, 2023 at 88 FR 3198 (the ``January
2023 Notice'')
Project/Activity: The use of CDBG-DR funds for emergency grant
payments as tenant-based and other forms of rental assistance to
households impacted by disasters eligible under Public Laws 117-43
and 117-180 (together, the ``Appropriations Acts'').
Nature of Requirement: The February 2022, May 2022, and January
2023 notices published in the Federal Register included the
Consolidated Notice as Appendix B and made the Consolidated Notice
applicable to CDBG-DR allocations identified in those notices. In
the Consolidated Notice, HUD waived and modified 42 U.S.C.
5305(a)(8) to impose an alternative requirement for the use of CDBG-
DR funds for emergency grant payments to extend interim mortgage
assistance from three months to up to twenty months. The States of
Louisiana, New Jersey, and Oregon received CDBG-DR grants subject to
the February 2022, May 2022, or January 2023 Federal Register notice
and requested a waiver and further modification of 42 U.S.C.
5305(a)(8) to also provide emergency grant payments as tenant-based
and other forms of rental assistance to households impacted by
disasters eligible under the Appropriations Acts. Granted By:
Adrianne Todman, Deputy Secretary.
Date Granted: May 18, 2023.
Reason Waived: After reviewing each grantee's request and based
on the good cause provided, HUD waived and further modified 42
U.S.C. 5305(a)(8) to expand the definition of public service to
include the following activity: provision of rental assistance (e.g.
rent, security deposits, and utility deposits) and utility payments
for up to 24 months for the States of Louisiana, New Jersey, and
Oregon.
The goals of this waiver and alternative requirement are to
prevent and minimize the time households are experiencing or are at
risk of experiencing homelessness as a result of the qualifying
disaster and to provide additional time to stabilize persons or
households in permanent housing by providing rental assistance,
rapid rehousing services, and/or intermediate housing (e.g.,
including for homeowners during repairs).
Applicability: This waiver and modified alternative requirement
is applicable to the State of Louisiana, State of New Jersey, and
State of Oregon CDBG-DR funds appropriated for major disasters
occurring in 2020 and 2021 under the Appropriations Acts. The
alternative requirement for the provision of rental assistance (e.g.
rent, security deposits, and utility deposits) and utility payments
for up to 24 months is subject to the following requirements: the
activity is subject to the 15 percent cap on public services and no
beneficiary may receive more than a total of 24 months (for
Louisiana, New Jersey, Oregon) of this type of assistance, HUD may
further extend the waiver and alternative requirements
administratively, if requested by the grantees and good cause for
such an extension exists at that time, and a homeowner receiving any
form of CDBG-DR interim mortgage assistance is not eligible for
rental assistance or utility payments as authorized by this waiver
and alternative requirement. This alternative requirement does not
relieve grantees of the duty to comply with other applicable
requirements relating to the temporary relocation or permanent
displacement of persons.
Contact: Tennille S. Parker, Director, Office of Disaster
Recovery, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 708-3587.

[[Page 71408]]

Reimbursement Extension Waiver and Alternative Requirement

<bullet> Regulation: Section III.F.5 of the Community
Development Block Grant disaster recovery (CDBG-DR) Consolidated
Notice published in the Federal Register on February 3, 2022, at 87
FR 6364 (the ``February 2022 Notice''), May 24, 2022 at 87 FR 31636
(the ``May 2022 Notice''), and January 18, 2023 at 88 FR 3198 (the
``January 2023 Notice'').
Project/Activity: CDBG-DR funds allocated to the State of
Louisiana pursuant to the Disaster Relief Supplemental
Appropriations Act, 2022 (Pub. L. 117-43) approved September 30,
2021, for major disasters occurring in 2020 and 2021, and the
Continuing Appropriations Act, 2023 (Pub. L. 117-180) approved
September 30, 2022, for major disasters occurring in 2021 (together,
the ``Appropriations Acts'').
Nature of Requirement: The February 2022, May 2022, and January
2023 notices published in the Federal Register included the
Consolidated Notice as Appendix B and made the Consolidated Notice
applicable to the CDBG-DR allocations identified in those notices.
Specifically, paragraph III.F.5 of the Consolidated Notice permits
grantees to charge to grants the pre-award and pre-application costs
of homeowners, renters, businesses, and other qualifying entities
for eligible costs these applicants have incurred in response to an
eligible disaster covered under the grantee's applicable Federal
Register notices. In addition to other requirements, paragraph
III.F.5 stipulates that grantees may charge to the grant the
eligible pre-application costs of individuals and private entities
related to single family, multifamily, and nonresidential buildings,
only if (1) the person or private entity incurred the expenses
within one year after the applicability date of the grantee's
Allocation Announcement Notice (or within one year after the date of
the disaster, whichever is later); and (2) the person or entity pays
for the cost before the date on which the person or entity applies
for CDBG-DR assistance. The Department received a request and
justification from the State of Louisiana to extend the February 8,
2023 deadline to December 31, 2023 for eligible pre-application
costs.
Granted By: Adrianne Todman, Deputy Secretary.
Date Granted: June 28, 2023.
Reason Waived: After reviewing the grantee's request, the
Department determined there was good cause to modify the alternative
requirement in paragraph IV.B.1. of the January 2023 notice to
change the February 8, 2023 deadline to December 31, 2023 for all
funds provided to Louisiana under the Appropriations Acts. The
waiver and alternative requireiment will allow the State of
Louisiana to to better track expenses, avoid confusion, and apply a
uniform time frame for reimbursement of all pre-application costs
for 2020 and 2021 disasters.
Applicability: This waiver is applicable to the CDBG-DR funds
appropriated for major disasters occurring in 2020 and 2021 under
the Appropriations Acts for the State of Louisiana only. I last date
that persons or private entities could incur otherwise allowable,
reimbursable pre-application costs is December 31, 2023, or the date
of application to the State for assistance, whichever is earlier.
For any applicant that submits an application to the State prior to
the reimbursement deadline of December 31, 2023, the period to incur
allowable, reimbursable pre-application costs would be from the date
of the initial disaster to the date of the application. When
reimbursing eligible pre-award and pre-application costs of
homeowners, renters, businesses, and other qualifying entities, the
State is reminded to follow all other requirements described in
paragraph III.F.5 of the Consolidated Notice.
Contact: Tennille S. Parker, Director, Office of Disaster
Recovery, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 708-3587.

Waiver and Alternative Requirement for One-for-One Replacement
Housing Requirements for the Cdbg-Dr Mitigation Set-Aside

<bullet> Regulation: One-for-one replacement requirements in
section 104(d)(2)(A)(i) and (ii) and (d)(3) of the Housing and
Community Development Act of 1974 (HCDA) (42 U.S.C 5304(d)(2)(A)(i)
and (ii) and (d)(3) and 24 CFR 42.375 in section IV.F.1. of the
Consolidated Notice published in the Federal Register on February 3,
2022, at 87 FR 6364 (the ``February 2022 Notice''), May 24, 2022 at
87 FR 31636 (the ``May 2022 Notice''), and January 18, 2023, at 88
FR 3198 (the ``January 2023 Notice'').
Project/Activity: Community Development Block Grant disaster
recovery (CDBG-DR) funds allocated to the State of Louisiana
pursuant to the Disaster Relief Supplemental Appropriations Act,
2022 (Pub. L. 117-43) approved September 30, 2021, for major
disasters occurring in 2020 and 2021, and the Continuing
Appropriations Act, 2023 (Pub. L. 117-180) approved September 30,
2022, for major disasters occurring in 2021 (together, the
``Appropriations Acts'').
Nature of Requirement: The Appropriations Acts require HUD to
include in any allocation of CDBG-DR funds for unmet needs an
additional amount of 15 percent for mitigation activities (the
``CDBG-DR mitigation set-aside''). The February 2022, May 2022, and
January 2023 notices published in the Federal Register govern the
use of funds allocated from the Appropriations Acts. These Federal
Register notices included the Consolidated Notice as Appendix B and
made the Consolidated Notice applicable to the CDBG-DR allocations
identified in those notices.
Specifically, section IV.F.1. of the Consolidated Notice waives
the one-for-one replacement requirements at section 104(d)(2)(A)(i)
and (ii) and 104(d)(3) of the HCDA (42 U.S.C 5304(d)(2)(A)(i) and
(ii) and (d)(3)) and 24 CFR 42.375 for owner-occupied lower-income
dwelling units that are damaged by the disaster and not suitable for
rehabilitation. Section 104(d) one-for-one replacement housing
requirements apply to occupied and vacant occupiable lower-income
dwelling units demolished or converted in connection with a CDBG
assisted activity. Section 104(d) and 24 CFR 42.375 require that all
occupied and vacant occupiable lower-income dwelling units that are
demolished or converted to a use other than as lower-income dwelling
units in connection with a CDBG-assisted activity must be replaced
with comparable lower-income dwelling units. Section 104(d) and 24
CFR 42.375 also require that before the CDBG recipient commits funds
for any activity that will directly result in the demolition of
lower-income dwelling units or the conversion of lower-income
dwelling units to another use, the recipient must make a public
submission that describes the project and how the one-for-one
replacement requirements will be met, along with a written
submission to the HUD field office. This waiver expands the waiver
provisions of section IV.F.1. of the Consolidated Notice to exempt
all owner-occupied lower-income dwelling units funded under the
relevant CDBG-DR mitigation set aside for the State of Louisiana
that meet the grantee's definition of ``not suitable for
rehabilitation'' from the one-for-one replacement housing
requirements of 24 CFR 42.375.
Granted By: Adrianne Todman, Deputy Secretary.
Date Granted: June 28, 2023.
Reason Waived: After reviewing the grantee's request, the
Department finds there is good cause to waive the one-for-one
replacement requirements in section 104(d)(2)(A)(i) and (ii) and
(d)(3) (of the Housing and Community Development Act of 1974 (HCDA)
42 U.S.C 5304(d)(2)(A)(i) and (ii) and (d)(3)) and 24 CFR 42.375 for
the grantee's CDBG-DR mitigation set-aside only. One-for-one
replacement housing requirements at section 104(d)(2)(A)(i) and (ii)
and 104(d)(3) of the HCDA (42 U.S.C 5304(d)(2)(A)(i) and (ii) and
(d)(3)) and 24 CFR 42.375 are waived for all demolished or converted
lower income dwelling units that are eligible through the CDBG-DR
mitigation set-aside to permanently move people and/or property out
of harm's way as part of a housing mitigation activity, such as a
buyout, that addresses a risk identified in a grantee's risk-based
mitigation needs assessment.
This waiver exempts lower-income dwelling units that meet the
grantee's definition of ``not suitable for replacement'' from the
one-for-one replacement requirements, since activities funded by the
CDBG-DR mitigation set-aside may be removing housing units that are
not damaged by the qualified disaster but still are necessary to
address mitigation risk. This waiver and alternative requirement
will not apply retroactively and will only apply to the eligible
CDBG-DR mitigation set-aside activities identified in the February
2022 Notice, the May 2022 Notice, and January 2023 Notice.
Applicability: This waiver is applicable to the CDBG-DR funds
appropriated for major disasters occurring in 2020 and 2021 under
the Appropriations Acts for the State of Louisiana only. This waiver
exempts lower-income dwelling units that meet the grantee's
definition of ``not suitable for replacement'' from the one-for-one
replacement requirements, since activities funded by the CDBG-DR
mitigation set-aside may be removing housing units that are not
damaged

[[Page 71409]]

by the qualified disaster but still are necessary to address
mitigation risk. This waiver and alternative requirement will not
apply retroactively and will only apply to the eligible CDBG-DR
mitigation set-aside activities identified in the February 2022
Notice, the May 2022 Notice, and January 2023 Notice.
Before carrying out activities under the CDBG-DR mitigation set-
aside that may be subject to the one-for-one replacement
requirements, the grantee must define ``not suitable for
replacement'' in its action plan or in policies and procedures
governing these activities. When working to move people and/or
property out of harm's way, requiring replacement housing units to
be located within the same neighborhood can be inconsistent with the
purposes of the CDBG-DR mitigation set-aside and is not always
feasible because these areas have been identified to have current
and future disaster risks, as described in the grantee's mitigation
needs assessment.
Even when using the CDBG-DR mitigation set-aside, the grantee
must reassess post-disaster population and housing needs relative to
the mitigation needs assessment to determine the appropriate type
and amount of lower-income dwelling units to rehabilitate or
reconstruct. The grantee must include this analysis in its program
files with a description of how the CDBG-DR mitigation set-aside
funds or other sources, including CDBG-DR funds, will be used to
address housing and mitigation needs for residents of lower-income
dwelling units. The grantee should note that the demolition and/or
disposition of public housing units continue to be subject to
section 18 of the United States Housing Act of 1937, as amended, and
24 CFR part 970.
Contact: Tennille S. Parker, Director, Office of Disaster
Recovery, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 708-3587.

<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: The State of Arkansas and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4698-AR) seeking to
expedite action in response to severe storms and tornadoes, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees in the areas covered by the major disaster declaration
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April 2,
2023, as may be amended (the ``Arkansas declared-disaster areas'')
and is limited to facilitating preparation of substantial amendments
to FY 2022 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a
30-day public comment period in the development of a consolidated
plan and prior to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Several CPD grantees were affected by severe
storms and tornadoes that hit Arkansas and received a major disaster
declaration on April 2, 2023. As a result of substantial property
loss and destruction, many individuals and families residing in the
Arkansas declared-disaster areas were displaced from their homes,
including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. The waiver granted will
allow grantees to expedite recovery efforts for low- and moderate-
income residents affected by the property loss and destruction
resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Arkansas and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Arkansas declared-disaster areas (see DR-4698-AR)
seeking to expedite action in response to severe storms and
tornadoes, upon notification to the Community Planning and
Development Director in its respective HUD Field Office. This
authority is in effect for grantees within the Arkansas declared-
disaster areas and is limited to facilitating preparation of
substantial amendments to FY 2022 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe storms and tornadoes that hit Arkansas and
received a major disaster declaration on April 2, 2023. As a result
of substantial property loss and destruction, many individuals and
families residing in the Arkansas declared-disaster areas were
displaced from their homes, including beneficiaries of various CPD
programs, and families eligible to receive CPD program assistance.
The waiver granted will allow grantees to determine what constitutes
reasonable notice and opportunity to comment given their
circumstances and provide that level of notice and opportunity to
comment when amending prior year plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Arkansas severe storms and
tornadoes.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the damage associated with severe storms and
tornadoes. The waiver will allow CDBG grantees, including grantees
providing assistance to evacuees outside the Arkansas declared-
disaster areas, to pay for the basic daily needs of individuals and
families affected by the severe tornadoes and storms on an interim
basis. This authority is in effect through the end of the grantee's
2023 program year. This waiver aligns with waivers currently in
effect for CDBG coronavirus (CDBG-CV) grants. The six-month periods
allowed by waiver for CDBG and CDBG-CV shall not be used
consecutively for the same beneficiary.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<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: The State of Tennessee and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4701-TN) seeking to
expedite action in response to Tennessee severe storms, straight-
line winds, and tornadoes, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office. This authority is in effect for grantees in the areas
covered by the major disaster declaration under title IV of the
Robert T. Stafford Disaster Relief and

[[Page 71410]]

Emergency Assistance Act (Stafford Act), DR-4701-TN, dated April 7,
2023, as may be amended (the ``Tennessee declared-disaster areas'')
and is limited to facilitating preparation of substantial amendments
to FY 2022 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a
30-day public comment period in the development of a consolidated
plan and prior to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Several CPD grantees were affected by severe
storms, straight-line winds, and tornadoes that hit Tennessee and
received a disaster declaration April 7, 2023. As a result of
substantial property loss and destruction, many individuals and
families residing in the Tennessee declared-disaster areas were
displaced from their homes, including beneficiaries of various CPD
programs, and families eligible to receive CPD program assistance.
The waiver granted will allow grantees to expedite recovery efforts
for low- and moderate-income residents affected by the property loss
and destruction resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of Tennessee and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Tennessee declared-disaster areas (see DR-4701-TN)
seeking to expedite action in response to severe storms, straight-
line winds, and tornadoes, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office. This authority is in effect for grantees within the
Tennessee declared-disaster areas and is limited to facilitating
preparation of substantial amendments to FY 2023 and prior year
plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to provide citizens with
reasonable notice and opportunity to comment. The citizen
participation plan must state how reasonable notice and opportunity
to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe storms, straight-line winds, and tornadoes that
hit Tennessee and received a major disaster declaration on April 7,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the Tennessee declared-disaster
areas were displaced from their homes, including beneficiaries of
various CPD programs, and families eligible to receive CPD program
assistance. The waiver granted will allow grantees to determine what
constitutes reasonable notice and opportunity to comment given their
circumstances and provide that level of notice and opportunity to
comment when amending prior year plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with Tennessee severe storms,
straight-line winds, and tornadoes.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the damage associated with severe storms,
straight-line winds, and tornadoes. The waiver will allow CDBG
grantees, including grantees providing assistance to evacuees
outside the Tennessee declared-disaster areas, to pay for the basic
daily needs of individuals and families affected by the severe
tornadoes and storms on an interim basis. This authority is in
effect through the end of the grantee's 2023 program year. This
waiver aligns with waivers currently in effect for CDBG coronavirus
(CDBG-CV) grants. The six-month periods allowed by waiver for CDBG
and CDBG-CV shall not be used consecutively for the same
beneficiary.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<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: The State of California and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area seeking to expedite action in
response to California severe winter storms, straight-line winds,
flooding, landslides, and mudslides, upon notification to the
Community Planning and Development Director in its respective HUD
Field Office. This authority is in effect for grantees in the areas
covered by the major disaster declaration under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4699-CA, dated April 3, 2023, as may be amended
(the ``California declared-disaster areas'') and is limited to
facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a
30-day public comment period in the development of a consolidated
plan and prior to the implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms, straight-line winds, flooding, landslides, and
mudslides and received a major disaster declaration on April 3,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the California declared-
disaster areas were displaced from their homes, including
beneficiaries of various CPD programs, and families eligible to
receive CPD program assistance. The waiver granted will allow
grantees to expedite recovery efforts for low- and moderate-income
residents affected by the property loss and destruction resulting
from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR
91.115(c)(2) and (i).
Project/Activity: The State of California and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the California declared-disaster areas (see DR-4699-CA)
seeking to expedite action in response to severe winter storms,
straight-line winds, flooding, landslides, and mudslides, upon
notification to the Community Planning and Development Director in
its respective HUD Field Office. This authority is in effect for
grantees within the California declared-disaster areas and is
limited to facilitating preparation of substantial amendments to FY
2022 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to
follow its citizen participation plan to

[[Page 71411]]

provide citizens with reasonable notice and opportunity to comment.
The citizen participation plan must state how reasonable notice and
opportunity to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms, straight-line winds, flooding,
landslides, and mudslides that received a major disaster declaration
on April 3, 2023. As a result of substantial property loss and
destruction, many individuals and families residing in the
California declared-disaster areas were displaced from their homes,
including beneficiaries of various CPD programs, and families
eligible to receive CPD program assistance. The waiver granted will
allow grantees to determine what constitutes reasonable notice and
opportunity to comment given their circumstances and provide that
level of notice and opportunity to comment when amending prior year
plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 570.207(b)(4).
Project/Activity: All CDBG grantees located within and outside
declared disaster areas assisting persons and families who have
registered with FEMA in connection with California severe winter
storms, straight-line winds, flooding, landslides, and mudslides.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4)
to permit emergency grant payments for items such as food, clothing,
housing (rent or mortgage), or utilities for up to six consecutive
months. While this waiver allows emergency grant payments to be made
for up to six consecutive months, the payments must still be made to
service providers as opposed to the affected individuals or
families. Many individuals and families have been forced to abandon
their homes due to the damage associated with severe storms,
straight-line winds, and tornadoes. The waiver will allow CDBG
grantees, including grantees providing assistance to evacuees
outside the California declared-disaster areas, to pay for the basic
daily needs of individuals and families affected by the severe
winter storms, straight-line winds, flooding, landslides, and
mudslides on an interim basis. This authority is in effect through
the end of the grantee's 2023 program year. This waiver aligns with
waivers currently in effect for CDBG coronavirus (CDBG-CV) grants.
The six-month periods allowed by waiver for CDBG and CDBG-CV shall
not be used consecutively for the same beneficiary.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR
570.440(i)(2).
Project/Activity: Guam's interest in expediting action in
response to Typhoon Mawar, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office. This authority is in effect for Guam, which received a major
disaster declaration under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4715-GU, dated May 25, 2023, as may be amended (the ``Guam declared-
disaster areas'') and is limited to facilitating preparation of
substantial amendments to FY 2023 and prior year plans.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2)
and (k) and 24 CFR 570.440(i)(2) require a 30-day public comment
period in the development of a consolidated plan and prior to the
implementation of a substantial amendment.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: Guam was severely affected by Typhoon Mawar that
hit the island, and received a major disaster declaration on May 25,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the Guam were displaced from
their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. The waiver
granted will allow grantees to expedite recovery efforts for low-
and moderate-income residents affected by the property loss and
destruction resulting from this event.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR
570.441(b).
Project/Activity: Guam's interest in expediting action in
response to Typhoon Mawar, upon notification to the Community
Planning and Development Director in its respective HUD Field
Office. This authority is in effect for Guam and is limited to
facilitating preparation of substantial amendments to FY 2023 and
prior year plans.
Nature of Requirement: The regulations 24 CFR 91.105(c)(2) and
(k) and 24 CFR 570.441(b) require the grantee to follow its citizen
participation plan to provide citizens with reasonable notice and
opportunity to comment. The citizen participation plan must state
how reasonable notice and opportunity to comment will be given.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: As stated above, Guam was severely affected by
Typhoon Mawar and received a major disaster declaration on May 25,
2023. As a result of substantial property loss and destruction, many
individuals and families residing in the Guam were displaced from
their homes, including beneficiaries of various CPD programs, and
families eligible to receive CPD program assistance. The waiver
granted will allow Guam to determine what constitutes reasonable
notice and opportunity to comment given their circumstances and
provide that level of notice and opportunity to comment when
amending prior year plans in response to the disaster.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.

<bullet> Regulation: 24 CFR 570.420(b)(3)(ii) and 24 CFR
570.207(b)(4).
Project/Activity: Guam's assistance with persons and families
who have registered with FEMA in connection with Typhoon Mawar.
Nature of Requirement: The CDBG regulations at 24 CFR
570.207(b)(4) prohibit income payments, but permit emergency grant
payments for three months. ``Income payments'' means a series of
subsistence-type grant payments made to an individual or family for
items such as food, clothing, housing (rent or mortgage), or
utilities. Emergency grant payments made over a period of up to
three consecutive months to the providers of such items and services
on behalf of an individual or family are eligible public services.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: HUD waives the provisions of 24 CFR
570.420(b)(3)(ii) and 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 Typhoon Mawar. The waiver will allow
Guam to pay for the basic daily needs of individuals and families
affected by the typhoon on an interim basis. This authority is in
effect through the end of the Guam's 2023 program year. This waiver
aligns with waivers currently in effect for CDBG coronavirus (CDBG-
CV) grants. The six-

[[Page 71412]]

month periods allowed by waiver for CDBG and CDBG-CV shall not be
used consecutively for the same beneficiary.
Contact: Robert C. Peterson, Director, State and Small Cities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4211.

Mega-Waiver for Arkansas Severe Storms and Tornadoes--Housing
Opportunities for Persons With AIDS (HOPWA) Program

On April 11, 2023, HUD issued an updated memorandum offering
waivers of certain statutory and regulatory requirements associated
with several Community Planning and Development (CPD) grant programs
to address damage and facilitate recovery from Arkansas severe
storms and tornadoes in areas covered by a major disaster
declaration under Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April
2, 2023, as may be amended (the ``declared-disaster areas'').

<bullet> Regulation: 24 CFR 574.310(b)(2), Habitability
Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet
HOPWA habitability standards within 60 days of the date of April 11,
2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#3e52574d5f105f104d4a5b5750565f4b5b4c7e564b5a10595148">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on April 11, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. Grantees and project sponsors must still ensure the
reasonableness of rent charged for units in the declared-disaster
areas in accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#9ff3f6ecfeb1feb1ecebfaf6f1f7feeafaeddff7eafbb1f8f0e9">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of April 11, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#abc7c2d8ca85ca85d8dfcec2c5c3cadeced9ebc3decf85ccc4dd">[email&#160;protected]</a>.

Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds, and
Tornadoes--Housing Opportunities for Persons With AIDS (HOPWA)
Program

On May 17, 2023, HUD issued a memorandum offering waivers of
certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from Tennessee severe storms,
straight-line winds, and tornadoes in areas covered by a major
disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4701-TN, dated April 7, 2023, as may be amended (the ``declared-
disaster areas'').

[[Page 71413]]

conditions as defined in Notice PIH 2017-20 (HA). Grantees must
ensure that these units meet HOPWA habitability standards within 60
days of the date of May 17, 2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#7c10150f1d521d520f08191512141d09190e3c140918521b130a">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as provided by Sec. 574.320(a)(1), the requirement to
use the rent standard as provided by Sec. 574.320(a)(1) is waived.
This waiver applies to the calculation of rental assistance for any
rent amount that takes effect during the two-year period beginning
on May 17, 2023, for any individual or family who is renting or
executes a lease for a unit in the declared-disaster areas. This
waiver would apply for twelve months from the date of the execution
of the lease. Grantees and project sponsors must still ensure the
reasonableness of rent charged for units in the declared-disaster
areas in accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#3c50554f5d125d124f48595552545d49594e7c544958125b534a">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of May 17, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#c6aaafb5a7e8a7e8b5b2a3afa8aea7b3a3b486aeb3a2e8a1a9b0">[email&#160;protected]</a>.

Mega-Waiver for California Severe Winter Storms, Straight-Line
Winds, Flooding, Landslides, and Mudslides--Housing Opportunities
for Persons With AIDS (HOPWA) Program

On May 17, 2023, HUD issued a memorandum offering waivers of
certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from California severe winter
storms, straight-line winds, flooding, landslides, and mudslides in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4699-CA, dated April 3, 2023, as may be amended
(the ``declared-disaster areas'').

<bullet> Regulation: 24 CFR 574.310(b)(2), Habitability
Standards.
Project/Activity: The habitability requirements in 24 CFR
574.310(b)(2) are waived for units in the declared-disaster areas
that are or will be occupied by HOPWA-eligible households, provided
that the units are free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet
HOPWA habitability standards within 60 days of the date of May 17,
2023.
Nature of Requirement: Section 574.310(b)(2) of the HOPWA
regulations provides minimum habitability standards that apply to
all housing for which HOPWA funds are used for acquisition,
rehabilitation, conversion, lease, or repair; new construction of
single room occupancy dwellings and community residences; project or
tenant-based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is required to enable grantees and
project sponsors to expeditiously meet the critical housing needs of
the many eligible families in the declared disaster areas.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#35595c46541b541b4641505c5b5d54405047755d40511b525a43">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
Project/Activity: Provided that the maximum subsidy is otherwise
calculated as

[[Page 71414]]

provided by Sec. 574.320(a)(1), the requirement to use the rent
standard as provided by Sec. 574.320(a)(1) is waived. This waiver
applies to the calculation of rental assistance for any rent amount
that takes effect during the two-year period beginning on May 17,
2023, for any individual or family who is renting or executes a
lease for a unit in the declared-disaster areas. This waiver would
apply for twelve months from the date of the execution of the lease.
Grantees and project sponsors must still ensure the reasonableness
of rent charged for units in the declared-disaster areas in
accordance with Sec. 574.320(a)(3).
Nature of Requirement: The amount of grant funds used to pay
monthly assistance for an eligible person may not exceed the
difference between: (i) The lower of the rent standard or reasonable
rent for the unit; and (ii) The resident's rent payment calculated
under Sec. 574.310(d).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Permitting the maximum rental assistance subsidy
to be calculated under 24 CFR 574.320(a)(1) without regard to the
rent standard would enable HOPWA grantees to expedite efforts to
meet the critical housing needs of low-income people living with HIV
and their families in the declared-disaster areas. Under the
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard
shall be no more than the published section 8 fair market rent (FMR)
or the HUD-approved community-wide exception for the unit size. In
addition, on a unit-by-unit basis, the grantee may increase that
amount by up to 10 percent for up to 20 percent of the units
assisted. Notice CPD-22-10 Clarification of Rent Standard
Requirement for the Housing Opportunities for Persons With AIDS
(HOPWA) Program provides additional clarity and flexibility on how
HOPWA grantees can administer the rent standard in accordance with
24 CFR 574.320(a)(2) and the Regulatory and Administrative
Requirement Waivers and Flexibilities Available to HUD Public
Housing and Section 8 During CY 2022 and CY 2023 to Public 16
Housing Agencies To Assist With Recovery and Relief Efforts on
Behalf of Families Affected by Presidentially Declared Disasters, 87
FR 469 (Section 8 Disaster Notice) provides additional rent standard
flexibility in presidentially declared disaster areas. Due to the
extensive damage to housing units in the declared disaster area and
the need to ensure safe and decent units are immediately available
to eligible households to prevent homelessness and protect the
health of the people with HIV served under the program, HUD has
determined that it is not practicable for grantees to be held to the
rent standards in 24 CFR 574.320(a)(2) even with the additional
flexibilities under Notice CPD-22-10 and the Section 8 Disaster
Notice. Waiving the requirement to use the rent standard in the
calculation of the maximum monthly rental assistance amount under
Sec. 574.320(a)(1), while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will make more
units immediately available to HOPWA eligible individuals and
families in need of permanent housing in the declared-disaster areas
and will help to quickly stabilize their housing and health.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#6e02071d0f400f401d1a0b0700060f1b0b1c2e061b0a40090118">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of May 17, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#a3cfcad0c28dc28dd0d7c6cacdcbc2d6c6d1e3cbd6c78dc4ccd5">[email&#160;protected]</a>.

Mega-Waiver for Guam Typhoon Mawar--Housing Opportunities for
Persons With AIDS (HOPWA) Program

On June 26, 2023, HUD issued a memorandum offering waivers of
certain statutory and regulatory requirements associated with
several Community Planning and Development (CPD) grant programs to
address damage and facilitate recovery from Guam Typhoon Mawar in
areas covered by a major disaster declaration under Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4715-GU, dated May 25, 2023, as may be amended
(the ``declared-disaster areas'').

<bullet> Regulation: 24 CFR 574.530, Recordkeeping.
Project/Activity: The recordkeeping requirement at 24 CFR
574.530 is waived to the extent necessary to allow HOPWA grantees,
located within and outside of the declared disaster areas, to assist
displaced persons and families, provided that the grantees (1)
require written certification of HIV status and income of such
individuals and families seeking assistance and (2) obtain source
documentation of HIV status and income eligibility within six months
of June 26, 2023.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: This waiver will permit HOPWA grantees and
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of
income and HIV status in lieu of source documentation to determine
eligibility for HOPWA assistance for individuals and families
displaced by the disaster. Many individuals and families displaced
by the disaster whose homes have been destroyed or damaged will not
have immediate access to documentation of income or medical records
and, without this waiver, will be unable to document their
eligibility for HOPWA assistance.
Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (215) 861-7651, <a href="/cdn-cgi/l/email-protection#55393c26347b347b2621303c3b3d34203027153d20317b323a23">[email&#160;protected]</a>.

I. Mega-Waiver for Arkansas Severe Storms and Tornadoes--CoC

On April 11, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from severe storms and tornadoes in areas of
Arkansas covered by a major disaster declaration under Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), DR-4698-AR, dated April 2, 2023, and as may be
amended (the ``declared-disaster areas''). The following summarizes
the waivers available for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance

<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: For two years from the issuance of the waiver,
the 24-month limit on rental assistance is waived for individuals
and families who meet the following criteria. (1) The individual or
family lives in a declared-disaster area or was displaced from a
declared-disaster area as a result of the disaster; and (2) the
individual or family is currently receiving rental assistance or
begins receiving rental assistance within two years after the date
of the issuance of the waiver.

[[Page 71415]]

Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, to maintain stable permanent
housing in another area and help them return to their hometowns, as
desired, when additional permanent housing becomes available. It
will also provide additional time to stabilize individuals and
families in permanent housing where vacancy rates are
extraordinarily low due to the disaster. Experience with prior
disasters has shown us some program participants need additional
months of rental assistance to identify and stabilize in housing of
their choice, which can mean moving elsewhere until they are able to
return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One Year Lease Requirement

<bullet> Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease requirement is waived for
two years beginning on the date of the issuance of the waiver for
program participants living in a declared-disaster area or program
participants displaced from a declared-disaster area as a result of
the disaster, so long as the initial lease term of all leases is for
more than one month, and the leases are renewable for terms that are
a minimum of one month long and the leases are terminable only for
cause.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of more than
one month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One-Time Limit on Moving Costs

<bullet> Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on the date of the
issuance of the waiver for program participants living in a
declared-disaster area or program participants displaced from a
declared-disaster area as a result of the disaster.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving this provision will permit recipients to
pay for reasonable moving costs for program participants more than
once and will assist program participants affected by the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, and
experience with prior disasters has shown us some program
participants will need additional assistance moving to a new unit
while others will need assistance moving back to their original
units after repairs are completed. Further, until the housing market
stabilizes, experience has shown many program participants will need
to move more than once during their participation in a program to
find a unit that best meets their needs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is waived for any lease
executed by a recipient or subrecipient in declared-declared areas
to provide transitional or permanent supportive housing during the
2-year period beginning on the date of the issuance of the waiver.
The affected recipient or subrecipient must still ensure that rent
paid for individual units that are leased with CoC Program leasing
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2)
meaning the rent paid must be reasonable in relation to rents being
charged for comparable units, taking into account the location,
size, type, quality, amenities, facilities, and management services.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

[[Page 71416]]

CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is waiving the
requirement to obtain additional evidence to confirm staff-recorded
observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified below will allow recipient to house people impacted by
severe storms and tornadoes in Arkansas by relying on intake staff-
recorded observations of disability or a written self-certification
by the program participant. This will help individuals and families
with disabilities to expeditiously receive needed housing assistance
when paperwork from the Social Security Administration or medical
professionals cannot be quickly obtained.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

II. Mega-Waiver for Arkansas Severe Storms and Tornadoes--ESG

ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services

<bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and
Housing Relocation and Stabilization Services.
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
(1) the individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of severe
storms and tornadoes in Arkansas; and (2) the individual or family
is currently receiving rental assistance or housing relocation
stabilization services or begins receiving rental assistance or
housing relocation and stabilization services within two years after
the date of the issuance of the waiver. For these individuals and
families, ESG funds may be used to provide up to 36 consecutive
months of rental assistance, utility payments, and housing stability
case management, in addition to the 30 days of housing stability
case management that may be provided before the move into permanent
housing under 24 CFR 576.105(b)(2). HUD will also consider further
waiver requests to allow assistance to be provided for longer than
three years, if the recipient demonstrates good cause.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management assistance
will assist individuals and families, both those already receiving
assistance and those who will receive assistance subsequent to the
date of the issuance of the waiver to maintain stable permanent
housing in place or in another area and help them return to their
hometowns, as desired, when additional permanent housing is
available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)

<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is waived for any rent
amount that takes effect during the two-year period beginning on the
date of the issuance of the waiver for any individual or family who
is renting or executes a lease for a unit in a declared-disaster
area. However, the affected recipients and their subrecipients must
still ensure that the units in which ESG assistance is provided to
these individuals and families meet the rent reasonableness
standard. HUD will consider requests to waive the FMR restriction
for rent amounts that take effect after the two-year period, if a
recipient demonstrates good cause.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of severe
storms and tornadoes in Arkansas. Waiving the FMR restriction will
make more units available to individuals and families in need of
permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Housing Standards

<bullet> Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing standards at 24 CFR 576.403(c)
are waived for units in the declared disaster area that are or will
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1)
Each unit must still meet applicable state and local standards; (2)
Each unit must be free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
Nature of Requirement: If ESG funds are used to help a program
participant remain in or move into housing, the housing must meet
the minimum habitability standards provided in 24 CFR 576.403(c).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Shelter Standards

[[Page 71417]]

Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs

<bullet> Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. In addition, no expenditure may be
made or charged to any grant on or after the date Treasury closes
the relevant account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Assisting Program Participants With Subleases

<bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: (1) The individual or family lives in the declared-disaster
area or was displaced from the declared-disaster area as a result of
severe storms and tornadoes in Arkansas; (2) The individual or
family is currently receiving ESG-funded rental assistance as the
leaseholder or housing relocation stabilization services or begins
receiving rental assistance or housing relocation stabilization
services within two years after the date of the issuance of the
waiver; (3) The individual or family chooses to rent a unit through
a legally valid sublease or lease with the primary leaseholder for
the unit; and (4) The recipient has developed written policies to
apply the requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR
576.409, and 24 CFR 576.500(h) with respect to that program
participant by reading the references to ``owner'' and ``housing
owner'' to apply to the primary leaseholder and reading the
references to ``lease'' to apply to the program participant's
sublease or lease with the primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 11, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

III. Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds,
and Tornadoes--CoC

On May 17, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from Tennessee severe storms, straight-line
winds, and tornadoes covered by a major disaster declaration under
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), DR-4698-AR, dated April 7, 2023, and
as may be amended (the ``declared-disaster areas''). The following
summarizes the waivers available for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance

<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: For two years from the date of the issuance of
the waiver, the 24-month limit on rental assistance is waived for
individuals and families who meet the following criteria. (1) The
individual or family lives in a declared-disaster area or was
displaced from a declared-disaster area as a result of the disaster;
and (2) the individual or family is currently receiving rental
assistance or begins receiving rental assistance within two years
after the date of the issuance of the waiver.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, to maintain stable permanent
housing in another area and help them return to their hometowns, as
desired, when additional permanent housing becomes available. It
will also provide additional time to stabilize individuals and
families in permanent housing where vacancy rates are
extraordinarily low due to the disaster. Experience with prior
disasters has shown us some program participants need additional
months of rental assistance to identify and stabilize in housing of
their choice, which can mean moving elsewhere until they are able to
return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One Year Lease Requirement

[[Page 71418]]

requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of more than
one month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One-Time Limit on Moving Costs

<bullet> Regulation: 24 CFR 578.53(e)(2).
Project/Activity: The one-time limit on moving costs of program
participants is waived for two years beginning on the date of the
issuance of the waiver for program participants living in a
declared-disaster area or program participants displaced from a
declared-disaster area as a result of the disaster.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.53(e)(2) limits recipients of supportive service funds to using
those funds to pay for moving costs to provide reasonable moving
assistance, including truck rental and hiring a moving company, to
only one-time per program participant.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving this provision will permit recipients to
pay for reasonable moving costs for program participants more than
once and will assist program participants affected by the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, and
experience with prior disasters has shown us some program
participants will need additional assistance moving to a new unit
while others will need assistance moving back to their original
units after repairs are completed. Further, until the housing market
stabilizes, experience has shown many program participants will need
to move more than once during their participation in a program to
find a unit that best meets their needs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is waived for any lease
executed by a recipient or subrecipient in declared-declared areas
to provide transitional or permanent supportive housing during the
2-year period beginning on the date of the issuance of the waiver.
The affected recipient or subrecipient must still ensure that rent
paid for individual units that are leased with CoC Program leasing
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2)
meaning the rent paid must be reasonable in relation to rents being
charged for comparable units, taking into account the location,
size, type, quality, amenities, facilities, and management services.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

<bullet> Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from the date of the issuance of
the waiver so long as (1) the intake-staff records observations of
disability in the client file at time of application; or (2) the
individual seeking assistance provides written certification that
they have a qualifying disability is provided at time of
application.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified below will allow recipient to house people impacted by
severe storms, straight-line winds, and tornadoes in Tennessee by
relying on intake staff-recorded observations of disability or a
written self-certification by the program participant. This will
help individuals and families with disabilities to expeditiously
receive needed housing assistance when paperwork from the Social
Security Administration or medical professionals cannot be quickly
obtained.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

IV. Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds,
and Tornadoes--ESG

On May 17, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from severe storms, straight-line winds, and
tornadoes in areas of Tennessee covered by a major disaster
declaration under Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April
2, 2023, and as may be amended (the ``declared-disaster areas'').
The following summarizes the waivers available for ESG Program
Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services

<bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and

[[Page 71419]]

Housing Relocation and Stabilization Services.
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
(1) the individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of severe
storms, straight-line winds, and tornadoes in Tennessee; and (2) the
individual or family is currently receiving rental assistance or
housing relocation stabilization services or begins receiving rental
assistance or housing relocation and stabilization services within
two years after the date of the issuance of the waiver. For these
individuals and families, ESG funds may be used to provide up to 36
consecutive months of rental assistance, utility payments, and
housing stability case management, in addition to the 30 days of
housing stability case management that may be provided before the
move into permanent housing under 24 CFR 576.105(b)(2). HUD will
also consider further waiver requests to allow assistance to be
provided for longer than three years, if the recipient demonstrates
good cause.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management assistance
will assist individuals and families, both those already receiving
assistance and those who will receive assistance subsequent to the
date of the issuance of the waiver to maintain stable permanent
housing in place or in another area and help them return to their
hometowns, as desired, when additional permanent housing is
available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)

<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is waived for any rent
amount that takes effect during the two-year period beginning on the
date of the issuance of the waiver for any individual or family who
is renting or executes a lease for a unit in a declared-disaster
area. However, the affected recipients and their subrecipients must
still ensure that the units in which ESG assistance is provided to
these individuals and families meet the rent reasonableness
standard. HUD will consider requests to waive the FMR restriction
for rent amounts that take effect after the two-year period, if a
recipient demonstrates good cause.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of severe
storms, straight-line winds, and tornadoes in Tennessee. Waiving the
FMR restriction will make more units available to individuals and
families in need of permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Housing Standards

<bullet> Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing standards at 24 CFR 576.403(c)
are waived for units in the declared disaster area that are or will
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1)
Each unit must still meet applicable state and local standards; (2)
Each unit must be free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
Nature of Requirement: If ESG funds are used to help a program
participant remain in or move into housing, the housing must meet
the minimum habitability standards provided in 24 CFR 576.403(c).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Shelter Standards

<bullet> Regulation: 24 CFR 576.403(b).
Project/Activity: The ESG shelter standards at 24 CFR 576.403(b)
are waived for shelters in the declared disaster area that are or
will be occupied by individuals and families eligible for ESG
emergency shelter assistance, provided that: (1) Each shelter must
meet applicable state and local standards; (2) Each shelter must be
free of life-threatening conditions defined in Notice PIH 2017-20
(HA); and (3) Recipients ensure that these shelters.
Nature of Requirement: If ESG funds are used for shelter
operations costs, the shelter must meet the minimum safety,
sanitation and privacy standards under 24 CFR 576.403(b). If ESG
funds are used to convert a building into a shelter, rehabilitation
a shelter, or otherwise renovate a shelter, the shelter must meet
the minimum safety, sanitation, and privacy standards in 24 CFR
576.403(b) as well as applicable state or local government safety
and sanitation standards.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs

<bullet> Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. In addition, no expenditure may be
made or charged to any grant on or after the date Treasury closes
the relevant account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and

[[Page 71420]]

rapid re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Assisting Program Participants With Subleases

<bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
Project/Activity: The requirements in 24 CFR 576.105 and 576.106
are waived to the extent that the references to ``owner'' and
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or
family from receiving assistance in a unit they rent from the
primary leaseholder, provided that all of the following criteria are
met: (1) The individual or family lives in the declared-disaster
area or was displaced from the declared-disaster area as a result of
severe storms, straight-line winds, and tornadoes in Tennessee; (2)
The individual or family is currently receiving ESG-funded rental
assistance as the leaseholder or housing relocation stabilization
services or begins receiving rental assistance or housing relocation
stabilization services within two years after the date of the
issuance of the waiver; (3) The individual or family chooses to rent
a unit through a legally valid sublease or lease with the primary
leaseholder for the unit; and (4) The recipient has developed
written policies to apply the requirements of 24 CFR 576.105, 24 CFR
576.106, 24 CFR 576.409, and 24 CFR 576.500(h) with respect to that
program participant by reading the references to ``owner'' and
``housing owner'' to apply to the primary leaseholder and reading
the references to ``lease'' to apply to the program participant's
sublease or lease with the primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

V. Mega-Waiver for California Severe Winter Storms, Straight-Line
Winds, Flooding, Landslides, and Mudslides--CoC

On May 17, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from California severe winter storms, straight-
line winds, flooding, landslides, and mudslides covered by a major
disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4698-AR, dated April 3, 2023, and as may be amended (the ``declared-
disaster areas''). The following summarizes the waivers available
for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance

CoC--One Year Lease Requirement

<bullet> Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease requirement is waived for
two years beginning on the date of the issuance of the waiver for
program participants living in a declared-disaster area or program
participants displaced from a declared-disaster area as a result of
the disaster, so long as the initial lease term of all leases is for
more than one month, and the leases are renewable for terms that are
a minimum of one month long and the leases are terminable only for
cause.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable only for cause.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of more than
one month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One-Time Limit on Moving Costs

[[Page 71421]]

using those funds to pay for moving costs to provide reasonable
moving assistance, including truck rental and hiring a moving
company, to only one-time per program participant.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving this provision will permit recipients to
pay for reasonable moving costs for program participants more than
once and will assist program participants affected by the disaster
as well as those who become homeless in the areas impacted by the
disaster to stabilize in housing locations of their choice. Many
current program participants received assistance moving into their
assisted units prior to being displaced by the disaster, and
experience with prior disasters has shown us some program
participants will need additional assistance moving to a new unit
while others will need assistance moving back to their original
units after repairs are completed. Further, until the housing market
stabilizes, experience has shown many program participants will need
to move more than once during their participation in a program to
find a unit that best meets their needs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

<bullet> Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction is waived for any lease
executed by a recipient or subrecipient in declared-declared areas
to provide transitional or permanent supportive housing during the
2-year period beginning on the date of the issuance of the waiver.
The affected recipient or subrecipient must still ensure that rent
paid for individual units that are leased with CoC Program leasing
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2)
meaning the rent paid must be reasonable in relation to rents being
charged for comparable units, taking into account the location,
size, type, quality, amenities, facilities, and management services.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

<bullet> Regulation: 24 CFR 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: The requirement that intake-staff recorded
observations of disability be confirmed and accompanied by other
evidence no later than 45 days from the date of application for
assistance is waived for any program participant admitted into PSH
funded by the CoC program one-year from the date of the issuance of
the waiver so long as (1) the intake-staff records observations of
disability in the client file at time of application; or (2) the
individual seeking assistance provides written certification that
they have a qualifying disability is provided at time of
application.
Nature of Requirement: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the requirement to obtain additional
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4))
as specified below will allow recipient to house people impacted
from severe winter storms, straight-line winds, flooding,
landslides, and mudslides in California by relying on intake staff-
recorded observations of disability or a written self-certification
by the program participant. This will help individuals and families
with disabilities to expeditiously receive needed housing assistance
when paperwork from the Social Security Administration or medical
professionals cannot be quickly obtained.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

VI. Mega-Waiver for California Severe Winter Storms, Straight-Line
Winds, Flooding, Landslides, and Mudslides--Esg

On May 17, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from severe winter storms, straight-line winds,
flooding, landslides, and mudslides in areas of California covered
by a major disaster declaration under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), DR-4698-AR, dated April 2, 2023, and as may be amended (the
``declared-disaster areas''). The following summarizes the waivers
available for ESG Program Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and
Stabilization Services

<bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and
Housing Relocation and Stabilization Services.
Project/Activity: The 24-month limits on rental assistance and
housing relocation and stabilization services are waived for
individuals and families who meet both of the following criteria:
(1) the individual or family lives in a declared-disaster area or
was displaced from a declared-disaster area as a result of severe
winter storms, straight-line winds, flooding, landslides, and
mudslides in California; and (2) the individual or family is
currently receiving rental assistance or housing relocation
stabilization services or begins receiving rental assistance or
housing relocation and stabilization services within two years after
the date of the issuance of the waiver. For these individuals and
families, ESG funds may be used to provide up to 36 consecutive
months of rental assistance, utility payments, and housing stability
case management, in addition to the 30 days of housing stability
case management that may be provided before the move into permanent
housing under 24 CFR 576.105(b)(2). HUD will also consider further
waiver requests to allow assistance to be provided for longer than
three years, if the recipient demonstrates good cause.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any 3-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any 3-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management

[[Page 71422]]

assistance will assist individuals and families, both those already
receiving assistance and those who will receive assistance
subsequent to the date of the issuance of the waiver to maintain
stable permanent housing in place or in another area and help them
return to their hometowns, as desired, when additional permanent
housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Restriction of Rental Assistance to Units With Rent at or Below
Fair Market Rent (FMR)

<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The FMR restriction is waived for any rent
amount that takes effect during the two-year period beginning on the
date of the issuance of the waiver for any individual or family who
is renting or executes a lease for a unit in a declared-disaster
area. However, the affected recipients and their subrecipients must
still ensure that the units in which ESG assistance is provided to
these individuals and families meet the rent reasonableness
standard. HUD will consider requests to waive the FMR restriction
for rent amounts that take effect after the two-year period, if a
recipient demonstrates good cause.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: HUD granted this waiver to enable ESG recipients
to meet the critical housing needs of individuals and families whose
housing was damaged or who were displaced as a result of severe
winter storms, straight-line winds, flooding, landslides, and
mudslides in California. Waiving the FMR restriction will make more
units available to individuals and families in need of permanent
housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Housing Standards

<bullet> Regulation: 24 CFR 576.403(c).
Project/Activity: The ESG housing standards at 24 CFR 576.403(c)
are waived for units in the declared disaster area that are or will
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1)
Each unit must still meet applicable state and local standards; (2)
Each unit must be free of life-threatening conditions as defined in
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units
in which program participants are assisted meet the ESG housing
standards within 60 days of the date of the issuance of the waiver.
Nature of Requirement: If ESG funds are used to help a program
participant remain in or move into housing, the housing must meet
the minimum habitability standards provided in 24 CFR 576.403(c).
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Shelter Standards

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related
Administrative and HMIS Costs

<bullet> Regulation: 24 CFR 576.203(b).
Project/Activity: The expenditure deadline is waived only for
costs of providing homelessness prevention and rapid re-housing
assistance to individuals and families under the flexibility
provided by ESG waivers on term limits on rental assistance and
housing relocation and stabilization services; restriction of rental
assistance to units with rent at or below FMR; assisting program
participants with subleases; and reasonable HMIS and administrative
costs related to that assistance. In addition, no expenditure may be
made or charged to any grant on or after the date Treasury closes
the relevant account as provided by 31 U.S.C. 1552.
Nature of Requirement: Section 576.203(b) of the ESG regulations
requires all expenditures under an ESG grant to be made within 24
months after the date HUD signs the grant agreement with the
recipient. For purposes of this requirement, expenditure means
either an actual cash disbursement for a direct charge for a good or
service or an indirect cost, or the accrual of a direct charge for a
good or service or an indirect cost.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline for costs of providing homelessness prevention and rapid
re-housing assistance to individuals and families will support
recipients' ability to assist individuals and families as provided
by other ESG program waivers related to this disaster.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

ESG--Assisting Program Participants With Subleases

[[Page 71423]]

references to ``lease'' to apply to the program participant's
sublease or lease with the primary leaseholder.
Nature of Requirement: The use of ``owner'' and ``lease'' in 24
CFR 576.105 and 576.106 prohibit program participants from receiving
rental assistance under 24 CFR 576.106 and certain services under 24
CFR 576.105 with respect to units that program participants rent
from a person other than the owner or the owner's agent.
Justification: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 17, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

VII. Mega-Waiver for Guam Typhoon Mawar--CoC

On June 26, 2023, Principal Deputy Assistant Secretary Marion
McFadden issued a memorandum offering waivers of certain statutory
and regulatory requirements associated with several Community
Planning and Development (CPD) grant programs to address damage and
facilitate recovery from Typhoon Mawar in areas covered by a major
disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4715-GU, dated May 25, 2023, and as may be amended (the ``declared-
disaster areas''). The following summarizes the waivers available
for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental
Assistance

<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: For two years from the date of the issuance of
the waiver, the 24-month limit on rental assistance is waived for
individuals and families who meet the following criteria. (1) The
individual or family lives in a declared-disaster area or was
displaced from a declared-disaster area as a result of the disaster;
and (2) the individual or family is currently receiving rental
assistance or begins receiving rental assistance within two years
after the date of the issuance of the waiver.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(1)(ii)(C) limits rapid re-housing projects to
medium-term rental assistance, or no more than 24 months.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 26, 2023.
Reason Waived: Waiving the 24-month cap on rapid re-housing
rental assistance will assist individuals and families affected by
the disaster, including those already receiving rental assistance as
well as those who will receive rental assistance within 2 years of
the date of the issuance of the waiver, to maintain stable permanent
housing in another area and help them return to their hometowns, as
desired, when additional permanent housing becomes available. It
will also provide additional time to stabilize individuals and
families in permanent housing where vacancy rates are
extraordinarily low due to the disaster. Experience with prior
disasters has shown us some program participants need additional
months of rental assistance to identify and stabilize in housing of
their choice, which can mean moving elsewhere until they are able to
return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

CoC--One Year Lease Requirement

[…truncated; see source link]

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.