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Notice2023-22603

Notice of Regulatory Waiver Requests Granted for the First 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 January 1, 2023, and ending on March 31, 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 71432-71458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22603]

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Vol. 88

Monday,

No. 198

October 16, 2023

Part III

Department of Housing and Urban Development

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

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

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6395-N-01]

Notice of Regulatory Waiver Requests Granted for the First
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 January 1, 2023, and ending on March 31, 2023.

FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 10276, Washington, DC 20410-
0500, telephone 202-708-3055 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities.
To learn more about how to make an accessible telephone call,
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 first 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
January 1, 2023, through March 31, 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 first quarter of calendar
year 2023) before the next report is published (the second quarter of
calendar year 2023), HUD will include any additional waivers granted
for the first quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.

Damon Y. Smith,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2023, Through
March 31, 2023

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

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

I. Regulatory Waivers Granted by the Office of Community Planning and
Development

For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.

I. Mega-Waiver for California Severe Winter Storms, Flooding,
Landslides, and Mudslides--Continuum of Care (CoC) Program

On February 9, 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, 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
January 14, 2023, and as may be amended (the ``declared-disaster
areas''). The following summarizes the waivers available for CoC
Program Recipients.

[[Page 71433]]

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: The 24-month limit on rental assistance is
waived for two years 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 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: February 9, 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 waiver, to maintain stable permanent housing in
another area and help them return to their hometowns, as desired,
when additional permanent housing becomes available. It will also
provide additional time to stabilize individuals and families in
permanent housing where vacancy rates are extraordinarily low due to
the disaster. Experience with prior disasters has shown us some
program participants need additional months of rental assistance to
identify and stabilize in housing of their choice, which can mean
moving elsewhere until they are able to return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

CoC--One Year Lease Requirement

<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 the waiver was granted 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: February 9, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of more than
one month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

CoC--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
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: February 9, 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 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: February 9, 2023.
Reason Waived: Waiving the limit on using leasing funds to pay
above FMR for individual units above FMR, but not greater than
reasonable rent, will provide recipients and subrecipients with more
flexibility in identifying housing options for program participants
in declared-declared areas. The rental markets in areas impacted by
disasters are often more expensive after the disaster due to
decreased housing stock and increased rents. These more expensive
rents are not reflected in the HUD-determined FMRs.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

[[Page 71434]]

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: February 9, 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 winter storms, 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 (202) 708-4300.

II. Mega-Waiver for California Severe Winter Storms, Flooding,
Landslides, and Mudslides--Emergency Solutions Grants (ESG) Program

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, flooding, landslides, and mudslides in areas of
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
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: February 9, 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 waiver to maintain stable permanent housing in place or
in another area and help them return to their hometowns, as desired,
when additional permanent housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

<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 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: February 9, 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, 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 (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 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: February 9, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical housing needs of many eligible
individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

ESG--Shelter Standards

[[Page 71435]]

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: February 9, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

<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: February 9, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline as described in the applicability paragraph below will
support recipients' ability to assist individuals and families as
provided by 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; and assisting program
participants with subleases.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

ESG--Assisting Program Participants With Subleases

<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 severe
winter storms, flooding, landslides, and mudslides in California; 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
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: February 9, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

On February 9, 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 Alabama 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 January 15, 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 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 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: February 9, 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 waiver, to maintain stable permanent housing in
another area and help them return to their hometowns, as desired,
when additional permanent housing becomes available. It will also
provide additional time to stabilize individuals and families in
permanent housing where vacancy rates are extraordinarily low due to
the disaster. Experience with prior disasters has shown us some
program participants need additional months of rental assistance to
identify and stabilize in housing of their choice, which can mean
moving elsewhere until they are able to return to their hometowns.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

[[Page 71436]]

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 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: February 9, 2023.
Reason Waived: Waiving the one-year lease requirement will allow
program participants receiving PSH or RRH assistance under the CoC
Program to enter into leases that have an initial term of less than
one year, so long as the leases have an initial term of more than
one month. While some program participants desire to identify new
housing, many program participants displaced during the disaster
desire to return to their original permanent housing units when
repairs are complete because of proximity to schools and access to
public transportation and services. Additionally, it will permit new
program participants to identify permanent housing units in a tight
rental market where many landlords prefer lease terms of less than
one year and might not be willing to alter their policies regarding
the length of lease terms when considering permanent housing
applicants. Therefore, HUD had determined that waiving the one-year
lease requirement will improve the housing options available to
program participants in permanent housing projects.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

CoC--One-Time Limit on Moving Costs

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

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 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: February 9, 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 Alabama by
relying on intake staff-recorded observations of disability or a
written self-certification by the program participant. This will
help individuals and families with disabilities to expeditiously
receive needed housing assistance when paperwork from the Social
Security Administration or medical professionals cannot be quickly
obtained.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

[[Page 71437]]

major disaster declaration under Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4698-AR, dated January 15, 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
storms, straight-line winds, and tornadoes in Alabama; 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 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: February 9, 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 waiver to maintain stable permanent housing in place or
in another area and help them return to their hometowns, as desired,
when additional permanent housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

<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 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: February 9, 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 Alabama. Waiving the
FMR restriction will make more units available to individuals and
families in need of permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

ESG--Housing Standards

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: February 9, 2023.
Reason Waived: This waiver is needed to enable ESG recipients to
expeditiously meet the critical emergency shelter needs of many
eligible individuals and families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

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

[[Page 71438]]

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: February 9, 2023.
Reason Waived: Providing a limited waiver of the expenditure
deadline as described in the applicability paragraph below will
support recipients' ability to assist individuals and families as
provided by waivers 19 and 20 above.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

ESG--Assisting Program Participants With Subleases

<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 Alabama; 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
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: February 9, 2023.
Reason Waived: By increasing the permissible housing options for
program participations, this waiver would allow the recipient to
meet the critical housing needs of more eligible individuals and
families in the declared disaster area.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

V. Mega-Waiver for Mississippi Severe Storms, Straight-Line Winds,
and Tornadoes--CoC

On March 30, 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 Mississippi 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 March26, 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 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 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: March 30, 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 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 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: March 30, 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

[[Page 71439]]

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: March 30, 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 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: March 30, 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 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: March 30, 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 storms, straight-line winds, and tornadoes in
Mississippi 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 Mississippi Severe Storms, Straight-Line Winds,
and Tornadoes--ESG

On March 30, 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 Mississippi 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 March
26, 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
storms, straight-line winds, and tornadoes in Mississippi; 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 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: March 30, 2023.
Reason Waived: Waiving the 24-month caps on rental assistance,
utility payments, and housing stability case management

[[Page 71440]]

assistance will assist individuals and families, both those already
receiving assistance and those who will receive assistance
subsequent to the date 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 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: March 30, 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 Mississippi. 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 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: March 30, 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: March 30, 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: March 30, 2023.
Reason Waived: 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 other
the 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. This waiver may be used for
program participants affected by the disaster, even if they are
residing outside of the disaster area. However, 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.
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 71441]]

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: March 30, 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.

<bullet> Regulation: 24 CFR 92.252(d)(l) Utility Allowance
Requirements.
Project/Activity: The City of Los Angeles, California requested
a waiver of 24 CFR 92.252(d)(1) to allow use of the utility
allowance established by the local public housing agency (PHA) for
Florence Mills Apartments, Pico Robertson Senior Community
Apartments, and LA Pro II Apartments, three HOME-assisted projects.
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: January 26, 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, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4683-CA).
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. Many
families whose housing was destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HOME assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the 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 February 9, 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, 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-4683-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. 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 McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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 February
9, 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 February 9, 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 February
9, 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, 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-4683-CA).
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, 92.222(b)(1) imposes certain

[[Page 71442]]

conditions in granting the reduction to the matching requirement
which HUD has determined there is sufficient good cause to waive.
Waiving the conditions required to reduce the match requirement for
the participating jurisdiction by 100 percent for FY 2023 and FY
2024 will eliminate administrative burden on affected participating
jurisdictions and the need for the participating jurisdiction to
identify match for HOME projects related to the damage caused by the
disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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, 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-4683-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. 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.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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 February
9, 2023.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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-4683-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. Many
families whose homes were destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from February 9, 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, Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4684-AL).
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. Many
families whose housing was destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HOME assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the participating
jurisdiction to use self-certification of income, as provided in
92.203(a)(1)(ii), in lieu of source documentation to determine
eligibility for HOME assistance of persons displaced by the
disaster.
Applicability: These waivers are only available to participating
jurisdictions within the declared-disaster areas or a State
participating jurisdiction of the 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 February 9, 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, 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-4684-AL).
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 McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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 February
9, 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

[[Page 71443]]

registration, for a period of 24 months after February 9, 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 February
9, 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, 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: Projects located in the declared-disaster
areas (see FEMA-DR-4684-AL).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require all HOME participating
jurisdictions to contribute throughout the fiscal year to housing
that qualifies as affordable housing under the HOME program. The
contributions must total no less than 25 percent of the HOME funds
drawn from the participating jurisdiction's HOME Investment Trust
Fund Treasury account. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and Sec. 92.222(b) also permit HUD to reduce this
matching requirement for a participating jurisdiction located in a
declared-disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
Sec. 92.222(b)(1) imposes certain conditions in granting the
reduction to the matching requirement which HUD has determined there
is sufficient good cause to waive. Waiving the conditions required
to reduce the match requirement for the participating jurisdiction
by 100 percent for FY 2023 and FY 2024 will eliminate administrative
burden on affected participating jurisdictions and the need for the
participating jurisdiction to identify match for HOME projects
related to the damage caused by the disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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, 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-4684-AL).
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. 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.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 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 February
9, 2023.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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-4684-AL).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months. Many
families whose homes were destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 9, 2023.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from February 9, 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, 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 92.300(a)(2).
Project/Activity: The City of Muncie, Indiana, requested a
waiver of 24 CFR 92.300(a)(2) to permit Bridges Community Services,
Inc. (Bridges) a community housing development organization (CHDO),
to transfer ownership of a HOME-assisted project, designated as HOME
IDIS activity #2518, to Muncie Management, Inc., a non-CHDO for-
profit corporation, that will own and operate the HOME-assisted
project in accordance with 24 CFR part 92.
Nature of Requirement: The regulation at 24 CFR 92.300(a)(2)
requires that rental housing developed with CHDO set-aside funds
under 24 CFR 92.300(a) must be owned by the CHDO for a period at
least equal to the period of affordability in 24 CFR 92.252(e).
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 13, 2023.
Reason Waived: Muncie Management, Inc does not meet the
definition of a CHDO at 24 CFR 92.2. This waiver will permit the
transfer of this HOME-assisted project to Muncie Management, Inc,
which will own and operate the project in accordance with the HOME
requirements in 24 CFR part 92 for the duration of the HOME period
of affordability in 24 CFR 92.252(e). Without a waiver of 24 CFR
92.300(a)(2), the HOME-assisted project may fall into disrepair, be
lost to foreclosure, or fail to remain as affordable housing
operated in accordance with 24 CFR part 92 throughout the HOME
period of affordability and the City would be required to repay its
HOME investment for the acquisition of the HOME-assisted project. As
a condition to the waiver, the City must complete its proposed
actions to assign the HOME written agreement to MMI and record an
amended deed restriction in compliance with 24 CFR 92.252 for the
remainder of the HOME period of affordability.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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: San Luis Obispo County, California, requested
a waiver of 24 CFR

[[Page 71444]]

92.252(d)(1) to allow use of the utility allowance established by
the local PHA for Willow Walk Senior Apartments, and Los Angeles
County, California requested a waiver of 24 CFR 92.252(d)(1) to
allow use of the utility allowance established by the local PHA for
Stanford Avenue Apartments. Each project is HOME-assisted.
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: February 14, 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, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.

<bullet> Regulation: 24 CFR 92.2, 24 CFR 92.254(b)(2).
Project/Activity: The State of California requested waivers of
the HOME definition of reconstruction at 24 CFR 92.2 to permit the
commitment of funds after 12 months from the date of destruction and
the principal residency requirement at 24 CFR 92.254(b)(2) to permit
the State to use HOME funds for the reconstruction of homes on the
same lot in the Town of Paradise, California, where the properties
were destroyed in the November 8, 2018, Camp wildfire disaster, but
which may not be the owner's principal residence at the time HOME
funds are committed to the project.
Nature of Requirement: The regulation at 24 CFR 92.2 defines
reconstruction as ``rebuilding, on the same lot, of housing standing
on a site at the time of project commitment, except that housing
that was destroyed may be rebuilt on the same lot if HOME funds are
committed within 12 months of the date of destruction.'' For the
purposes of the HOME program, reconstruction is considered a
rehabilitation activity. The regulation at Sec. 92.254(b)(2)
requires that the rehabilitated housing be ``the principal residence
of an owner whose family qualifies as a low-income family at the
time HOME funds are committed to the housing.''
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 22, 2023.
Reason Waived: More than 4 years have passed since the Camp
wildfire disaster destroyed owner-occupied housing in the Town of
Paradise. Requiring the State to adhere to the 12-month requirement
in the definition of reconstruction and the requirement that a
homeowner occupy their home as a principal residence at the time
HOME assistance is committed would create a significant hardship for
income-eligible homeowners in the Town of Paradise in need of
assistance to rebuild their homes on the existing lots. A waiver of
Sec. 92.2 to permit the commitment of funds after 12 months from
the date of destruction will allow the State to use HOME funds to
assist eligible homeowners whose principal residences were destroyed
by the 2018 Camp wildfire to reconstruct their homes on the same
site. A waiver of Sec. 92.254(b)(2)'s principal residency
requirement will allow the State to use HOME funds to assist
eligible homeowners with homes that were damaged or destroyed by the
Camp wildfire and that may not be their principal residences
(because of displacement due to the disaster) at the time HOME funds
are committed to the project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.

<bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4697-MS).
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. Many
families whose housing was destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HOME assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: 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 March 30, 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, 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-4697-MS).
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 McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 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 March
30, 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 March 30, 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 March 30,
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, Community Planning and Development, Department of
Housing and Urban Development, 451

[[Page 71445]]

Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.

<bullet> Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Projects located in the declared-disaster
areas (see FEMA-DR-4697-MS).
Nature of Requirement: Section 220(a) of NAHA (42 U.S.C.
12750(a)) and 24 CFR 92.218 require all HOME participating
jurisdictions to contribute throughout the fiscal year to housing
that qualifies as affordable housing under the HOME program. The
contributions must total no less than 25 percent of the HOME funds
drawn from the participating jurisdiction's HOME Investment Trust
Fund Treasury account. Section 220(d)(5) of NAHA (42 U.S.C.
12750(d)(5)) and 92.222(b) also permit HUD to reduce this matching
requirement for a participating jurisdiction located in a declared-
disaster area for any funds drawn from a participating
jurisdiction's HOME Investment Trust Fund by up to 100 percent
during any part of a fiscal year impacted by the disaster. However,
92.222(b)(1) imposes certain conditions in granting the reduction to
the matching requirement which HUD has determined there is
sufficient good cause to waive. Waiving the conditions required to
reduce the match requirement for the participating jurisdiction by
100 percent for FY 2023 and FY 2024 will eliminate administrative
burden on affected participating jurisdictions and the need for the
participating jurisdiction to identify match for HOME projects
related to the damage caused by the disaster.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 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, 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-4697-MS).
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. 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.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 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 March 30,
2023.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, 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-4697-MS).
Nature of Requirement: This section of the HTF regulation
requires initial income determinations for HTF beneficiaries by
examining source documents covering the most recent two months. Many
families whose homes were destroyed or damaged by the disaster will
not have any documentation of income and will not be able to qualify
for HTF assistance if the requirement remains effective.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 30, 2023.
Reason Waived: This waiver permits the grantee to use self-
certification of income, as provided in section 93.151(d)(2), for
HTF assisted units in lieu of source documentation to determine
initial eligibility of persons displaced by the disaster.
Applicability: This waiver is only available to the grantee of
the declared-disaster area. This waiver applies only to families
displaced by the disaster (as documented by FEMA registration or
other documentation acceptable to the HTF grantee) whose income
documentation was destroyed or made inaccessible by the disaster and
remains in effect for six months from March 30, 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, 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 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 (see DR-4683-CA) seeking to
expedite action in response to severe winter storms, 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-4683-CA, dated January 14, 2023, as may be
amended (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); 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: February 9, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms that hit California beginning December 27, 2022. 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, 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-4683-CA)
seeking to expedite action in response to severe winter storms,
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 provide citizens with
reasonable notice and

[[Page 71446]]

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: February 9, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms that hit California beginning
December 27, 2022. 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, 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: February 9, 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 winter storms,
flooding, landslides, and mudslides. 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, 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, 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 Alabama and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4684-AL) seeking to
expedite action in response to severe winter 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 Emergency Assistance Act (Stafford Act), DR-
4684-AL, dated January 15, 2023, as may be amended (the ``Alabama
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: February 9, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms, straight-line winds, and tornadoes that hit Alabama
on January 12, 2023. As a result of substantial property loss and
destruction, many individuals and families residing in the Alabama
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, 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 Alabama and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Alabama declared-disaster areas (see DR-4684-AL)
seeking to expedite action in response to severe winter 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
Alabama 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: February 9, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms, straight-line winds, and tornadoes
that hit Alabama on January 12, 2023. As a result of substantial
property loss and destruction, many individuals and families
residing in the Alabama 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.

[[Page 71447]]

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 winter
storms, straight-line winds, and tornadoes. The waiver will allow
CDBG grantees, including grantees providing assistance to evacuees
outside the Alabama declared-disaster areas, to pay for the basic
daily needs of individuals and families affected by the severe
winter storms, straight-line winds, and tornadoes 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, 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 Mississippi and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the declared-disaster area (see DR-4697-MS) seeking to
expedite action in response to severe winter 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 Emergency Assistance Act (Stafford Act), DR-
4697-MS, dated March 26, 2023, as may be amended (the ``Mississippi
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: March 30, 2023.
Reason Waived: Several CPD grantees were affected by severe
winter storms, straight-line winds, and tornadoes that hit
Mississippi on March 24-25, 2023. As a result of substantial
property loss and destruction, many individuals and families
residing in the Mississippi 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, 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 Mississippi and any HUD Community
Planning and Development (CPD) grantee located in the counties
included in the Mississippi declared-disaster areas (see DR-4697-MS)
seeking to expedite action in response to severe winter 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
Mississippi 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: March 30, 2023.
Reason Waived: As stated above, several CPD grantees were
affected by severe winter storms, straight-line winds, and tornadoes
that hit Mississippi on March 24-25, 2023. As a result of
substantial property loss and destruction, many individuals and
families residing in the Mississippi 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 Mississippi severe winter
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: March 30, 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 winter storms,
straight-line winds, and tornadoes. The waiver will allow CDBG
grantees, including grantees providing assistance to evacuees
outside the Mississippi declared-disaster areas, to pay for the
basic daily needs of individuals and families affected by the severe
winter storms, straight-line winds, and tornadoes 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, Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 7282, Washington,
DC 20410, telephone (202) 402-4211.

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

For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.

<bullet> Regulation: 24 CFR 200.73(c), Property Development,
2023.
Project/Activity: Wasmver Apartments, Mount Vernon, Ohio,
Project No. 043-11318.
Nature of Requirement: 24 CFR 200.73(c). (c) The improvements
shall constitute a single project. Not less than five rental
dwelling units or personal care units, 20 medical care beds, or 50
manufactured home pads, shall be on one site, except that such
limitations do not apply to group practice facilities. However,
Chapter 3, Section 3.1.30 of the MAP Guide permits a project with
two or more noncontiguous parcels of land when the parcels comprise
one marketable, manageable real estate entity, provided each site
contains at least five (5) rental dwelling units.
The lender, Orix Real Estate Capital, LLC, has applied for
mortgage insurance under the Section 223(f) program to refinance the
project, Wasmver Apartments, with moderate renovation of
approximately $95,261 ($7,216 per unit). The property is in Knox
County in Mount Vernon, Ohio and is comprised of thirteen (13)
affordable units within three (3) buildings located on two (2)
noncontiguous sites approximately \3/4\ miles apart. One site

[[Page 71448]]

has two (2) of the three (3) buildings with five (5) units each, but
the other site has one (1) building with only three (3) units.
Granted By: Julia R. Gordon, Assistant Secretary Office of
Housing-Federal Housing Administration.
Date Granted: February 21, 2023.
Reason Waived: The project was originally approved and
constructed under the Section 202 program as one project, and the
two (2) sites have been operated as one marketable and manageable
real estate entity with management and operations under one
management office for the past 30 years. The project has historic
occupancy of 95% annually. The existing Regulatory Agreement on the
project restricts tenancy to seniors aged 62+ and mobility impaired
residents. The project is 100% Project-Based Section 8 rental
assistance under a 20-year HAP Contract (which expires on 8/31/2036)
and therefore meets HUD's requirements for flexibility for scattered
sites (See, MAP Guide, Chapter 3, Section 3.1.30.C.7). The waiver
will meet HUD's goal of preserving and maintaining affordable rental
housing for low-income families.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, HTD, Department of Housing and Urban Development, 451
Seventh Street SW, Room 6134, Washington, DC 20410, telephone (202)
402-6257.

<bullet> Regulation: 24 CFR 200.73(c).
Project/Activity: Talmage-Oakland Portfolio, Minneapolis,
Minnesota, Project No. 092-35886.
Nature of Requirement: 24 CFR 200.73(c). (c) The improvements
shall constitute a single project. Not less than five rental
dwelling units or personal care units, 20 medical care beds, or 50
manufactured home pads, shall be on one site, except that such
limitations do not apply to group practice facilities. However,
Chapter 3, Section 3.1.30 of the MAP Guide permits a project with
two or more contiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity, provided each site
contains at least five (5) units.
The lender, Colliers Mortgage, LLC, proposes to finance the
Talmage-Oakland Portfolio project with a loan insured pursuant to
the Section 221(d)(4) Substantial Rehabilitation program to finance
much needed repairs and physical improvements of the project. The
project is in Minneapolis, Minnesota and is comprised of 57 total
affordable units. The subject property, comprised of 16 buildings,
is located on 13 parcels, which are clustered on five (5) non-
contiguous sites. Four (4) of the 13 parcels have only two (2) to
four (4) units. This project is 100% Section 8, and will be covered
by a single Low-Income Housing Tax Credit Land Use Restrictive
Agreement (LIHTCLURA) restricting the units to residents earning 60%
Area Median Income (AMI).
Granted By: Julia R. Gordon, Assistant Secretary Office of
Housing-Federal Housing Administration.
Date Granted: February 27, 2023.
Reason Waived: Colliers Mortgage, LLC, submitted application for
mortgage insurance under the Section 221(d)(4) Substantial
Rehabilitation program to finance the project's, Talmage-Oakland
Portfolio, approximately $7,410,000 ($130,000 per unit) planned
repairs. The property will be owned and managed by a non-profit
organization that has developed and owned over 50 properties with
more than 4,500 affordable units. The non-profit organization also
has extensive experience with HUD and has previously completed
multiple in-place rehabilitation through FHA loans. As a 100%
Section 8 project, it meets HUD's requirements for flexibility for
scattered sites (See, MAP Guide, Chapter 3, Section 3.1.30.C.7). The
FHA transaction will address much-needed repairs and replacements
that will help preserve this affordable housing for the community.
Contact: Willie Fobbs III, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6134, Washington, DC 20410,
telephone (202) 402-6257.

<bullet> Regulation: 24 CFR 206.113 Late charge and interest.
Project/Activity: Temporary, Partial Waiver of required late
charges and interest for past due mortgage insurance premiums (MIP).
Nature of Requirement: 24 CFR 206.113 Late Charge and Interest,
under Mortgage Insurance Premiums under Subpart B--Eligibility;
Endorsement of 24 CFR part 206 Home Equity Conversion Mortgage
Insurance, stipulates initial MIP remitted to the Commissioner more
than five days after the payment date in Sec. 206.111(a) and
monthly MIP remitted to the Commissioner more than five days after
the payment date in Sec. 206.111(b) shall include a late charge of
four percent of the amount owed. 24 CFR 206.113(b) also requires
mortgagees pay interest on any initial MIP remitted to the
Commissioner more than 20 days after closing, and interest on any
monthly MIP remitted to the Commissioner more than five days after
the payment date prescribed in Sec. 206.111(b).
Granted By: Julia R. Gordon, Secretary for Housing--Federal
Housing Commissioner.
Date Granted: January 10, 2023.
Reason Waived: Reverse Mortgage Funding LLC (RMF) filed for
Chapter 11 bankruptcy on November 30, 2022 and did not provide for
timely payment of their December 2022 Mortgage Insurance Premium
(MIP) obligation, resulting in late charges and interest being
assessed. This partial waiver of required late charges and interest
for past due MIP was issued for FHA-approved mortgagees accepting
transfer of those Home Equity Conversion Mortgages (HECMs) for which
RMF failed to timely pay MIP to the Federal Housing Administration,
resulting in the accrual of late charges and interest. Without this
waiver, HECM servicers of the RMF portfolio would not have been able
to submit claims and thereby would have increased the instability of
the HECM program that was made worse through the RMF bankruptcy. The
waiver relinquished the requirement for RMF Transferees to pay
December 2022 late charges and interest for late payment of MIP in
December for RMF HECMs.
Contact: Graham Mayfield, Acting Director, Office of Single
Family Asset Management, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 9172, Washington,
DC 20410, telephone (202) 768-2838 or <a href="/cdn-cgi/l/email-protection#224550434a434f0c400c4f435b444b474e46624a57460c454d54">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 214.300(a)(3).
Project/Activity: The renewal of this partial waiver continues
to provide temporary removal of the requirement that housing
counseling agencies participating in HUD's Housing Counseling
Program provide in-person housing counseling services to clients
that prefer this format, but still allow housing counseling agencies
to utilize alternative methods of providing counseling to clients.
The renewal of this partial waiver will be in effect through
December 31, 2023.
Nature of Requirement: 24 CFR 214.3009(a)(3) requires that all
agencies participating in HUD's Housing Counseling Program that
provide services directly to clients must provide in person
counseling to clients that prefer this format.
Granted By: Julia Gordon, Assistant Secretary for Housing/
Federal Housing Commissioner.
Date Granted: March 8, 2023.
Reason Waived: The renewal of this partial waiver is required
because the Department recognizes that there continues to be a
demand for housing counseling services but clients and counselors
may remain hesitant to provide in-person counseling as a result of
continued concerns related to COVID-19, Respiratory Syncytial Virus
(RSV), and increasing rates of seasonal influenza. This renewal of
this partial waiver allows participating agencies to provide
continuous services in a format other than in-person without
violating the requirements of 24 CFR 214.300(a)(3).
Contact: David Valdez, Office of Housing Counseling, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 550, Washington, DC 20410, telephone (713) 718-3178.

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

<bullet> For further information about the following regulatory
waivers, please see the name of the contact person that immediately
follows the description of the waiver granted.

<bullet> Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62.
Project/Activity: Housing Authority of the City of Frederick
(MD003).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end FYE March 31, 2022, in accordance with the Single Audit Act
and OMB Circular A-133.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The Housing Authority of the City of Frederick
provided the requested financial information to its auditor in
preparation for its audit. However, on November 2, 2022, the audit
firm notified the Housing Authority (HA) it could not begin

[[Page 71449]]

the audit until mid-December due to previous extensions of audit due
dates during the COVID-19 pandemic. The HA believes this is not
adequate time to complete its audit by the December 31, 2022, due
date. Pursuant to 24 CFR 5.110, the request to extend the submission
due date and waive 24 CFR 5.801(d)(1) and 24 CFR 902.62 (a)(3) is
approved, as the reason provided is considered good cause for a
waiver. Therefore, the HA is granted an additional ninety days from
the due date of December 31, 2022. The HA has until March 31, 2023,
to complete and submit its FYE March 31, 2022, audited financial
information to the Department without receiving an LPF.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.

<bullet> Regulation: 24 CFR 902.33 and 24 CFR 902.64.
Project/Activity: Crisfield Housing Authority (MD009).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end FYE March 31, 2022, in accordance with the Single Audit Act
and OMB Circular A-133.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 17, 2023.
Reason Waived: The HA contends it could not meet the reporting
deadline due to circumstances beyond its control. As a result of its
accountant's retirement at the end of March 2022, the HA's staff
needed help providing timely financial information to the auditor.
Due to the CARES Act extension, the FY2021 audit was extended, and
the HA and its auditor worked together to complete FY2021 and begin
FY22. Subsequently, the audit firm withdrew its engagement on July
18, 2022. The HA immediately contacted several firms to procure
audit services; however, with the COVID-19 pandemic and a
significant backlog, most auditors were unwilling to take on the
HA's FY21 and FY22 audits and complete them on time. The HA contends
it has found an audit firm to do the work but will need six months
to complete it. Under 24 CFR 5.110, there is good cause to waive the
reporting compliance deadlines under 24 CFR 902.33 and 24 CFR
902.64. The circumstance preventing the Agency from submitting its
audited financial information is acceptable. Therefore, Crisfield
Housing Authority is granted an additional six months from the
extended due date of December 31, 2022. The HA has until June 30,
2023, to complete and submit its FYE March 31, 2022, audited
financial information to the Department.
Contact: Lara Philbert, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 475-8930.

<bullet> Regulation: 24 CFR 905.300(b)(1).
Project/Activity: Woonsocket Housing Authority/ESSG.
Nature of Requirement: The Capital Fund Regulations at 24 CFR
905.300 require certain annual submissions by the public housing
authority (PHA). One of the requirements is the submission of the
CFP 5-Year Action Plan which describes the capital improvements to
be undertaken within the 5-year period. The 5-Year Action Plan
allows the Department of Housing and Urban Development (HUD) to
monitor the PHA's use of Capital Funds ensuring that Capital Funds
are not used for ineligible purposes and that the PHA is efficiently
using these funds.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: WHA received a Fiscal Year 2021 Emergency Safety
and Security grant (ESSG) for the purchase of security cameras. WHA
did not include security cameras in the CFP 5-Year Action Plan in
the Energy and Performance Information Center (EPIC). Consequently,
WHA was notified by HUD that the grant would be recaptured. WHA's
letter identified extenuating circumstance such as the termination
of the previous executive director, who executed the CFP grant
amendment but did not amend the 5-Year Action Plan. However, WHA
correctly completed the tasks required to obligate the grant
including signing and uploading the Annual Contributions Contract
Amendment to EPIC and, on August 18, 2022, the WHA Board of
Commissioners unanimously approved the award of the ESSG contract in
an amount not-to-exceed the approved grant amount of $244,188 to
Sentrillion, a responsive bidder in the best interest of the PHA.
Contact: David Fleischman, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-2071.

<bullet> Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The Klamath Housing Authority (KHA) is
requesting a waiver of 24 CFR 982.161(a)(1), which requires a PHA
not to enter into any contract or arrangement in connection with the
HCV program in which any present or former member or officer of the
PHA has interest, direct or indirect.
Nature of Requirement: The regulation at 24 CFR 982.161(c), and
the HAP contract, allows the conflict of interest to be waived by
the Department of Housing and Urban Development (HUD) for good
cause.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Based on the circumstances of this request, HUD
finds that there is good cause to waive, and pursuant to 24 CFR
5.110, HUD hereby waives 24 CFR 982.161(a) to allow the KHA to
continue its existing HAP contract with Stephanie Hirche, for the
unit specified in your waiver request.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.

<bullet> Regulation: 24 CFR 982.161(a)(1).
Project/Activity: The waiver would allow AHA to enter into an
employment contract with Mr. Julio Guridy as Executive Director
within 12 months of his tenure as a member of the Board of
Directors.
Nature of Requirement: Public Housing conflict of interest
waiver requests are reviewed and considered under Section 19(A)(1)
of the ACC, which prohibits a Public Housing Agency (PHA) from
entering into a contract, subcontract, or arrangement in connection
with the administration of its Public Housing program where any
present or former member or officer of the governing body has an
interest, direct or indirect, during his or her tenure or for one
year thereafter.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 6, 2023.
Reason Waived: The Department has considered the information
provided in support of this request and determined that good cause
does exist to grant a waiver of Section 19(A)(1)(i) of the ACC and
CFR 982.161(a), based on AHA's search committee efforts and Mr.
Guridy's qualifications compared to the recommended candidates.
Contact: Erick Wood, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 708-0614.

<bullet> Regulation: 24 CFR 982.161(a).
Project/Activity: The request states Patrick Patterson was
appointed to the Quorum Court as of January 1, 2021 and owns a
property located at 465 N Monroe St. that is currently occupied by
an HCV participant with a disability. The Quorum Court acts as Clay
County Housing Department's (CCHD) board of directors, and CCHD
seeks the waiver so that the HCV participant may continue to reside
in the unit owned by Patrick Patterson and avoid the hardship and
expense of moving. The request also notes the shortage of rental
units available in the Clay County Arkansas area due to its small
size (population 14,350) and rural location.
Nature of Requirement: Any public official, member of a
governing body, or State or local legislators, who exercises
functions or responsibilities with respect to the programs, may not
have any direct or indirect interest in the Housing Assistance
Payments (HAP) contract or in any benefits or payments under the
contract during tenure or one year thereafter.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 31, 2023.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.

<bullet> Regulation: 24 CFR 982.161(a)(1).

[[Page 71450]]

Project/Activity: 24 CFR 982.161(a)(1), which states, in part,
that any present or former member or officer of the public housing
agency (PHA) (except a participant commissioner) may not have any
direct or indirect interest in the housing assistance program (HAP)
contract or in any benefits or payments under the contract during
tenure or one year thereafter. The regulation at 24 CFR 982.161(c),
and the HAP contract, allows the conflict of interest to be waived
by the Department of Housing and Urban Development (HUD) for good
cause.
Nature of Requirement: Under the tenant-based framework, such
individualized analysis is made possible because tenant-based HAP
contracts cover a single unit, occupied by a single family. This
programmatic characteristic also minimizes the potential impact a
conflict of interest may have on the program. Because Ms. Furneaux
holds a position as a board member, if the regulation is not waived,
Ms. Micknick would be required to move from the unit they have
resided in for the past five years in order to utilize HCV
assistance.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 13, 2023.
Reason Waived: Based on the circumstances of this request, HUD
finds that there is good cause to waive, and pursuant to 24 CFR
5.110, HUD hereby waives, 24 CFR 982.161(a), to allow WCHRA to enter
into a HAP contract with by Ms. Furneaux, on behalf of Ms. Micknick
for the unit specified in your waiver request. Ms. Furneaux must
continue to abstain themselves from all matters concerning the HAP
contract in question.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.

<bullet> Regulation: 24 CFR 982.161(a) and 24 CFR 982.161(c).
Project/Activity: RPHA's request states that Daniel Pedri was
elected to the Rock Springs City Council, which acts as the RPHA's
board, and officially started the position on January 2, 2023. Mr.
Pedri is employed by Pedri Investments LLC which owns a property
that is currently occupied by an elderly and extremely low-income
HCV participant with a disability. Pedri Investments LLC is owned by
Daniel Pedri's father, also a ``covered individual''. Your agency
seeks the waiver so that the HCV participant may continue to reside
in the unit owned by Pedri Investments LLC and avoid the hardship
and expense of moving. The request also notes the shortage of rental
units available in the Rock Springs City, Wyoming area due to its
small size (population 23,036) and rural location.
Nature of Requirement: Housing Choice Voucher (HCV) regulations
at 24 CFR 982.161(a), which states, in part, that any public
official, member of a governing body, or State or local legislators,
who exercises functions or responsibilities with respect to the
programs, may not have any direct or indirect interest in the
Housing Assistance Payments (HAP) contract or in any benefits or
payments under the contract during tenure or one year thereafter.
The regulation at 24 CFR 982.161(c), and the HAP contract, allows
the conflict of interest to be waived by the Department of Housing
and Urban Development (HUD) for good cause.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: While it has been the Department's long-standing
position that the individual's intent to recuse himself or herself
from program determinations is not by itself good cause to waive the
conflict of interest provision, HUD has found good cause for this
waiver beyond Daniel Pedri's recusal due to the hardship on the
existing assisted tenant and the lack of available rental housing in
RPHA's jurisdiction. Nonetheless, the Department finds that Daniel
Pedri's recusal is an important safeguard to the integrity of
administration of the RPHA's HAP contracts, and an essential factor
in HUD's consideration of good cause.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.

<bullet> Regulation: 24 CFR 982.207(b)(3) and 24 CFR 983.251(d).
Project/Activity: Housing Authority of Macon-Bibb County
(GA006--MHA) requests to waive 24 CFR 982.207(b)(3), which prohibits
preferences for persons with specific disabilities for the Housing
Choice Voucher (HCV) program, and 24 CFR 983.251(d), which prohibits
preferences for persons with specific disabilities for Project-Based
Voucher (PBV) assistance.
Nature of Requirement: Under a 2010 Settlement Agreement between
the U.S. Department of Justice (DOJ) and the State of Georgia,
Georgia must transition individuals living with serious and
persistent mental illness (SPMI) and developmental disabilities into
integrated, community-based settings while making voluntary
supportive services available to those individuals. To facilitate
continued compliance with the Settlement Agreement, MHA requests
extension of a waiver, most recently approved by HUD on March 9,
2020, that allows for MHA to establish alternate tenant selection
preferences. The extension approved the waiver for an additional
three years.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: HUD has determined that there is good cause to
waive program regulations of HCV and PBV tenant selection
preferences to provide an admissions preference for persons with
SPMI and developmental disabilities. HUD hereby waives 24 CFR
982.207(b)(3) and 24 CFR 983.251(d), pursuant to the waiver
authority provided to HUD at 24 CFR 5.110.
Contact: Emily Warren, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 708-0614.

<bullet> Regulation: 24 CFR 982.503(c)(1), CFR 982.503(c)(2), 24
CFR.982.503(c)(3), 24 CFR 982.503(c)(4)(ii).
Project/Activity: The PHA stated that the rents in the area have
dramatically increased in certain areas and are expected to continue
an upward trajectory. Additionally, the PHA is participating in the
Housing Choice Voucher (HCV) Mobility Demonstration, which requires
that participating PHAs adopt adequate payment standards in
opportunity areas. This request updates a previously approved
request from March 2022 with updated data and revised payment
standards. The MDHA has determined that even at 110 percent of the
fair market rent (FMR), payment standards are not adequate, or high
enough, in opportunity areas.
Nature of Requirement: 24 CFR.982.503(c)(3), which is for
payment standards above 120 percent of the FMR. While the MDHA also
requested a waiver of CFR 982.503(c)(2) for payment standards
between 110 percent and 120 percent of the FMR, HUD has determined
that this waiver is not necessary as all the requested exception
payment standards under this request exceed 120 percent of FMR.
Finally, the MDHA also requests a waiver of 24 CFR 982.503(c)(4)(ii)
which requires that the PHA have previously adopted an exception
payment standard for six months prior. HUD has also determined that
this waiver is not necessary, since it has been more than six months
since HUD approved, and the MDHA adopted, the previous exception
payment standards request in March of 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2023.
Reason Waived: In order to achieve the goals of the Community
Choice Demonstration, and to provide access to low-poverty
neighborhoods for families in their voucher program, the MDHA needs
to establish exception payment standards over 120 percent of the
FMR, where justified by statistically representative housing survey
data. Therefore, HUD has determined that there is good cause to
waive 24 CFR 982.503(c)(3). Pursuant to the waiver authority
provided at 24 CFR 5.110, I hereby waive 24 CFR 982.503(c)(3). Since
the PHA has demonstrated they meet all of the regulatory
requirements at 24 CFR 982.503(c) for approval of an exception
payment standard above 120 percent of the FMR, HUD approves the
MDHA's request for an exception payment standard. The PHA may use
this exception payment standard in place of the FY23 published FMRs.
The PHA may submit a new exception payment standard request for
HUD's consideration for the FY24 FMRs.
Contact: Brendan Goodwin, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 708-0614.

<bullet> Regulation: 24 CFR 982.517 and 24 CFR
983.301(f)(2)(ii)--Waiver Request for PBV Utility Allowance Setting.

[[Page 71451]]

Project/Activity: Pursuant to 24 CFR 5.110 and Notice PIH 2018-
16, the Hawaii Office of Housing and Community Development (OHCD)
has requested a waiver of these program regulations to establish a
site-specific utility allowance for Mohouli Senior Residences, Phase
3, where OHCD will have 92 PBV units.
Nature of Requirement: For the Department to consider such a
waiver, the public housing agency (PHA) should submit: (a) an
analysis of utility rates for the community; (b) an estimate of
energy consumption that will take place at the newly constructed
site; and (c) a proposed alternative methodology for calculating
utility allowances on an ongoing basis. The PHA should demonstrate
that the utility allowance provided under the HCV program would
either create an undue cost on families or discourage conservation
and efficient use of housing assistance payments (HAP).
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 23, 2023.
Reason Waived: The information submitted to HUD by OHCD supports
its request. The OHCD has submitted an analysis of utility rates for
the community and an estimate of the energy consumption that will
take place at the newly constructed site. Due to the energy
efficient systems being built at the Mohouli Senior Residences,
Phase 3, the community consumption estimates are significantly
higher than the consumption expected at the site. As such, the
standard HCV utility allowance would be excessive.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 983.51(b).
Project/Activity: The HACOO is seeking a HUD waiver to allow it
to non-competitively award Project-Based Vouchers (PBVs) to the
Marfa Housing Authority (MHA), a Public Housing-only PHA that was
previously approved by the HUD Special Applications Center (SAC) to
convert 74 public housing units to vouchers under a RAD/Section 18
blend transaction. The MHA plans to have all 74 vouchers to be
administered as project-based by the HACOO, which the HUD San
Antonio Office of Public Housing previously approved
Nature of Requirement: Requires a public housing agency (PHA) to
award project-based vouchers (PBVs) through a competitive process or
based on a previous competition. The request, dated November 23,
2022, seeks a waiver so that the HACOO can non-competitively award
PBVs to the Marfa Housing Authority (MHA).
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 17, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, and considering the good cause presented due to HACOO's
representations regarding the limited availability of affordable
housing stock in the City of Marfa, HUD hereby waives 24 CFR
983.51(b) so that HACOO may select Public Housing Development
TX318000001 for an award PBVs without following a competitive
process.
Contact: Kristen Arnold, Housing Programs Specialist, Office of
Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(971) 222-2667.

<bullet> Regulation: 24 CFR 983.51 (b)(2).
Project/Activity: LACDA is requesting a waiver of the federal
regulation at 24 CFR 983.51 (b)(2) to allow the LACDA to continue
committing Project-Based Veterans Affairs Supportive (VASH) vouchers
noncompetitively to the U.S. Department of Veterans Affairs (VA)
Campus development by accepting the Enhanced-Use Lease award by the
VA as a valid prior competition without expiration.
Nature of Requirement: This regulation states that the Public
Housing Authority (PHA) may select, without competition, a proposal
for housing assisted under a federal, state, or local government
housing assistance, community development, or supportive services
program that required competitive selection of proposals (e.g.,
HOME, and units for which competitively awarded low-income housing
tax credits (LIHTCs) have been provided), where the proposal has
been selected in accordance with such program's competitive
selection requirements within 3 years of the Project-Based Vouchers
(PBV) proposal selection date, and the earlier competitively
selected housing assistance proposal did not involve any
consideration that the project would receive PBV assistance.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, HUD has determined that there is good cause to waive, and
HUD hereby waives, 24 CFR 983.51(b)(2) to allow the LACDA to
continue committing Project-Based VASH vouchers noncompetitively to
the VA Campus development by considering the Enhanced-Use Lease
award by the VA as a valid prior competition through the end of
calendar year 2023.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 983.51(b).
Project/Activity: The District of Columbia Housing Authority
(DCHA) selection of Friendship Terrace for project-based voucher
(PBV) assistance without undergoing a competitive process or based
on a previous competition.
Nature of Requirement: The regulation at 24 CFR 983.51(b)
provides that the public housing agency (PHA) must select PBV
proposals either through a competitive process or based on a
competition for other assistance the project is receiving, provided
the project was competitively selected for that other assistance
within 3 years of the PBV proposal selection date and the
competitively selected housing assistance proposal did not involve
any consideration that the project would receive PBV assistance in
the future.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 27, 2023.
Reason Waived: The DCHA received an allocation of 140 enhanced
vouchers as the result of a HUD Multifamily Housing conversion
action under section 536 of the Preserving Affordable Housing for
Senior Citizens and Families into the 21st Century Act (Pub. L. 106-
74). Section 536 provides that any project that receives or has
received assistance under the Flexible Subsidy Program and is the
subject of a transaction under which the project is preserved as
affordable housing (as determined by HUD) shall be considered
eligible low-income housing under section 229 of the Low-Income
Housing Preservation and Resident Homeownership Act of 1990
(LIHPRHA) for tenant-based enhanced voucher rental assistance. The
owner and the DCHA are seeking to convert the tenant-based
assistance to PBV assistance pursuant to Notice PIH 2013-27, under
which families have voluntarily agreed to relinquish their enhanced
voucher assistance for PBV assistance. The requested waiver is
critical to preserving affordable housing in the Tenleytown
neighborhood of Northwest Washington, DC, which has limited
affordable housing. Without approval of this waiver request, the
project will not be able to close, putting this much-needed
affordable housing resource at-risk. Allowing the DCHA to select
Friendship Terrace ensures that the transaction to preserve the
property as affordable housing will be realized and this property
will remain an affordable housing resource in the community.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 983.53(d), 983.152(c), and
983.153(c).
Project/Activity: DHCD is seeking approval from HUD on behalf of
its developer, Covenant Commonwealth Corporation (CCC), to permit
CCC to proceed with necessary environmental remediation, demolition,
and relocation work prior to entering into an Agreement to enter
into a Housing Assistance Payment Contract (AHAP).
Nature of Requirement: As stated in the request, DHCD began a
planning process to redevelop a public housing development located
at 1185 River Street, 1191-1203 River Street, and 12 Central Avenue
located in Boston, Massachusetts in the Hyde Park section of Boston
over a period of time. To avoid the long-term displacement of
impacted residents, the public housing units on site are scheduled
to be demolished in phases. The developer is set to commence the
development of 63 units, including eight that DHCD intends to cover
by a PBV contract.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.

[[Page 71452]]

Date Granted: March 1, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110 and considering the good cause presented, HUD hereby
waives 24 CFR 983.53(d), 983.152(c), and 983.153(c) permitting CCC
to begin the demolition remediation activities specified in the
demolition services agreement, prior to entering an AHAP with DCHD.
However, even with the granting of this waiver request, until an
AHAP is executed with DHCD, no work beyond what has been identified
in this request may be performed; and all activities must be
performed in compliance with the same Federal requirements that
would apply if an AHAP were in place, including Davis-Bacon
prevailing wage requirements.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 983.53(d) 983.152(c), and
983.153(c).
Project/Activity: FCRHA is seeking approval from the Department
of Housing and Urban Development (HUD) on behalf of its developer,
Arlington Partnership for Affordable Housing (APAH), to permit APAH
to proceed with necessary environmental remediation, demolition, and
utility relocation work prior to entering into an AHAP.
Nature of Requirement: 24 CFR 983.53(d) 983.152(c), and
983.153(c), which prohibit a public housing agency (PHA) from
executing an Agreement to Enter into a Housing Assistance Payment
(AHAP) contract and attaching Project-Based Voucher (PBV) assistance
to units if construction or rehabilitation has commenced after
proposal submission.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 15, 2023.
Reason Waived: Due to the scale and schedule for this early
utility work, the FCRHA is requesting a good cause waiver of the
regulations at Sec. Sec. 983.53(d) 24 CFR 983.152(c) and
983.153(c) that will allow APAH to commence the utility relocation
work after completion of the Environmental Review, but before
completion of the Subsidy Layering Review (SLR) and execution of the
AHAP. Allowing the utility relocation work to proceed before the
AHAP is executed will allow for the completion of the new housing
faster and before changes in the economy could render the phases
unfinanceable, therefore prolonging the lack of affordable housing
units within the community.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 983.205(b).
Project/Activity: The context for THA's waiver request is a
redevelopment effort involving the acquisition and renovation of an
existing PBV project that will include a Rental Assistance
Demonstration (RAD) PBV conversion of 96 public housing units. THA
is requesting a waiver to allow a 20-year contract extension to be
executed for the Belmont Phase III PBV HAP contract earlier than the
regulations provide.
Nature of Requirement: This regulation states that extensions
after the initial extension are allowed at the end of any extension
term provided that, not more than 24 months prior to the expiration
of the previous extension contract, the public housing agency (PHA)
agrees to extend the term. The extension must be appropriate to
continue to provide affordable housing for low-income families or to
expand housing opportunities.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 6, 2023.
Reason Waived: Consistent with PIH Notice 2017-21, THA could
extend this contract until February 1, 2036, without any waiver.
Please see Attachment G, Scenario 3 of the Notice. However, for a
20-year extension (which will run from February 2026 until February
2046) to be entered into prior to February 1, 2024, a waiver of 24
CFR 983.205(b) is required. The owners of Belmont Heights Phase III
need this waiver because they are working with a lender and investor
to refinance the development using tax-exempt bonds and Low-Income
Housing Tax Credits. The refinancing is necessary to address
physical needs at the property and to preserve long-term
affordability. Ultimately, the waiver will facilitate the renovation
and development of this important project.
Contact: Nathaniel Johnson, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-5156.

<bullet> Regulation: 24 CFR 985.101(a).
Project/Activity: FHA has been understaffed due to COVID-19 and
recently hired a new Executive Director. FHA notes that these issues
will impact its ability to compile the necessary data required to
complete its SEMAP submission timely. Therefore the FHA needs an
extension to allow time to collect the necessary data.
Nature of Requirement: This regulation states that a public
housing agency (PHA) must submit the Department of Housing and Urban
Development (HUD) required SEMAP certification form within 60
calendar days after the end of its fiscal year. The PHA's fiscal
year ended on September 30, 2022; the SEMAP certification was due on
or before November 29, 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 24, 2023.
Reason Waived: Due to these circumstances, HUD has determined,
pursuant to the waiver authority provided at 24 CFR 5.110, that
there is good cause to waive, and HUD hereby waives, 24 CFR
985.101(a) to permit the FHA to submit its SEMAP certification after
the deadline for its fiscal year ending September 30, 2022.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-6051.

<bullet> Regulation: 24 CFR 985.101(a).
Project/Activity: The Housing Authority of the City of Perth
Amboy requesting a waiver of the requirements of 24 CFR 985.101(a),
requiring the SEMAP certification to be submitted within 60 calendar
days after the end of their fiscal year, along with their
justification for ``good cause''.
Nature of Requirement: Title 24 CFR 985.101(a) states that a
public housing agency (PHA) must submit the Department of Housing
and Urban Development (HUD) required Section Eight Management
Assessment Program (SEMAP) certification form within 60 calendar
days after the end of its fiscal year. The PAHA's fiscal year ends
on March 31, 2022, and its SEMAP certification was due on or before
May 30, 2022.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 22, 2023.
Reason Waived: Pursuant to the waiver authority provided at 24
CFR 5.110, that there is good cause to waive, HUD waives 24 CFR
985.101(a) to permit the PAHA to submit its SEMAP certification
after the deadline for its fiscal year ending March 31, 2022.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-6051.

<bullet> Regulation: 24 CFR 985.101(a) and 24 CFR 985.105(a)(1).
Project/Activity: The regulations at CFR 985.101(a) provide that
a public housing agency (PHA) must submit the Department of Housing
and Urban Development (HUD) required Section Eight Management
Assessment Program (SEMAP) certification form within 60 calendar
days after the end of its fiscal year. The regulations at 24 CFR
985.105(a)(1) provide that HUD shall assess each PHA's performance
under SEMAP annually and shall assign each PHA a SEMAP score and
overall performance rating.
Nature of Requirement: The UCHA waiver request states that the
disruption of COVID-19 and the impact that it had specifically on
the agency justifies this waiver. UCHA states that completing
inspections and briefings were difficult because of the COVID-19
pandemic. UCHA closed several times (for two weeks each occasion)
during the pandemic, in addition to experiencing staff turnovers.
The Executive Director retired in early 2021, due to his declining
health, the inspector left in April 2022, and the Section Eight
Program Director left without notice in September 2022. The UCHA is
in rural Oregon and has struggled to recruit staff in general,
especially experienced individuals. The UCHA received an overall
rating score as High performer on its prior SEMAP certifications in
2019, Standard in 2018, and High in 2017.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.

[[Page 71453]]

Date Granted: March 15, 2023.
Reason Waived: Therefore, HUD has determined, pursuant to the
waiver authority provided at 24 CFR 5.110, that there is good cause
to waive, and I hereby waive, 24 CFR 985.101(a) to permit UCHA to
submit its SEMAP certification after the deadline for its fiscal
year ending December 31, 2022. The new submission deadline is May 1,
2023.
Contact: Michelle Daniels, Housing Programs Specialist, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
202-402-6051.

<bullet> Regulation: 24 CFR 990.145(b) Public housing dwelling
units with approved vacancies.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters.
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#aefee7e6f1eac7ddcfdddacbdcf1fccbc2c7cbc8eec6dbca80c9c1d8">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 5.801 Uniform Financial Reporting.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#ce9e8786918aa7bdafbdbaabbc919caba2a7aba88ea6bbaae0a9a1b8">[email&#160;protected]</a>.

------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
Municipality of San Juan................................... 1/5/2023
Municipality of Salinas.................................... 1/24/2023
Municipality of Hormigueros................................ 1/24/2023
City of Daytona Beach...................................... 2/7/2023
Lee County Housing Authority............................... 2/7/2023
Municipality of Gurabo..................................... 2/16/2023
Puerto Rico PHA............................................ 1/13/2023
------------------------------------------------------------------------

<bullet> Regulation: 24 CFR 902 Public Housing Assessment.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') during Presidentially Declared Disasters
(PDDs). To respond to PDDs, this notice establishes an expedited
process for the review of waiver requests and flexibilities for
calendar years (CY) 2022 and 2023, for Public Housing Agencies
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such
requests utilizing the expedited process set forth in this
notification.
Granted By: Dominique Blom, General Deputy Assistant for Public
and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#5d0d14150219342e3c2e29382f020f383134383b1d352839733a322b">[email&#160;protected]</a>.

------------------------------------------------------------------------
PHA Date
------------------------------------------------------------------------
City of Daytona Beach...................................... 2/7/2023
------------------------------------------------------------------------

<bullet> Regulation: 24 CFR 905.322(b) Fiscal Closeout.
Project/Activity: Regulatory and Administrative Requirement
Waivers and Flexibilities Available to HUD Public Housing and
Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families
Affected by Presidentially Declared Disasters (Docket No. FR-6301-N-
01).
Reason Waived: HUD's expedited process for waivers and
flexibilities from HUD regulatory and administrative requirements
(``HUD requirements'') dur

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