Rule2024-02094
Regulatory Waivers and Administrative Flexibilities During a Presidentially Declared Disaster, for Public Housing Agencies During CY 2024 and CY 2025
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 5, 2024
Effective
January 1, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
This document advises Public Housing Agencies (PHAs) and the public that HUD is establishing an expedited waiver process for requests to waive HUD regulatory and/or administrative requirements ("HUD requirements") for PHAs during Presidentially Declared Disasters (PDDs). PHAs located in areas that are included in PDD areas (PDD PHAs) may request waivers of certain HUD Public Housing and section 8 requirements and receive expedited review of such requests to utilize the administrative flexibilities and expedited waiver process set forth in this document.
Full Text
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<title>Federal Register, Volume 89 Issue 24 (Monday, February 5, 2024)</title>
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[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Rules and Regulations]
[Pages 7612-7617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02094]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 5 and Chapter IX
[Docket No. FR-6438-N-01]
Regulatory Waivers and Administrative Flexibilities During a
Presidentially Declared Disaster, for Public Housing Agencies During CY
2024 and CY 2025
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
U.S. Department of Housing and Urban Development (HUD).
ACTION: Notification of waivers.
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SUMMARY: This document advises Public Housing Agencies (PHAs) and the
public that HUD is establishing an expedited waiver process for
requests to waive HUD regulatory and/or administrative requirements
(``HUD requirements'') for PHAs during Presidentially Declared
Disasters (PDDs). PHAs located in areas that are included in PDD areas
(PDD PHAs) may request waivers of certain HUD Public Housing and
section 8 requirements and receive expedited review of such requests to
utilize the administrative flexibilities and expedited waiver process
set forth in this document.
DATES: Waivers and administrative flexibilities set forth in this
document are effective from January 1, 2024, until December 31, 2025.
FOR FURTHER INFORMATION CONTACT: Tesia Anyanaso, Office of Field
Operations, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 7th Street SW, Room 3180, Washington, DC
20410-5000, or email <a href="/cdn-cgi/l/email-protection#aefee7e6f1eac7ddcfdddacbdcf1fccbc2c7cbc8eec6dbca80c9c1d8"><span class="__cf_email__" data-cfemail="0c5c45445348657f6d7f78697e535e696065696a4c647968226b637a">[email protected]</span></a> or call (202) 402-7026
during business hours. HUD welcomes and is prepared to receive calls
from individuals who are deaf or hard of hearing, as well as
individuals with speech and communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: HUD is exercising its discretionary
authority from 24 CFR 5.110 (Waivers) and is providing regulatory
flexibility to PDD PHAs described in this document. Upon receipt of a
PDD PHA waiver or flexibility request, HUD will review and may approve
the submission. The request must include documentation of good cause
for each waiver or flexibility request. HUD may consider extensions
subject to statutory limitations and pursuant to 24 CFR 5.110, to
facilitate a PDD PHA's ability to participate in disaster relief and
recovery efforts.
Waivers of essential program requirements, such as property
inspection or income verification, will not be granted in their
entirety, although modifications may be considered. HUD's ability to
grant waivers or approve alternative requirements is limited, as HUD
does not have the authority to waive statutory requirements.
I. Instructions for PDD PHAs--How To Request an Expedited Waiver or
Administrative Flexibility
A PDD PHA seeking a waiver or flexibility of a HUD requirement
listed within this document, or any other HUD requirement needed to
assist in disaster relief and recovery efforts, must submit a written
request. HUD will not approve a PDD PHA's request to waive or be
granted a flexibility for fair housing, civil rights, labor standards,
or HUD's environmental review requirements.
Waiver requests approved by HUD pursuant to this document will be
published in the Federal Register and will identify the PDD PHAs
receiving such approvals, pursuant to section 106 of the Department of
Housing and Urban Development Reform Act of 1989. The process that HUD
will use in assessing applications for waivers and administrative
flexibilities is explained below.
HUD developed a checklist (Attachment A at the end of this
document) that a PDD PHA must complete and submit to request expedited
review of waivers identified in this document. Each request must
include a good-cause justification explaining the need for the waiver
related to the PHA's disaster relief and recovery efforts. The PDD PHA
must await HUD's response affirming waiver approval before implementing
any requested waiver. Waivers will be granted for a period of up to 12
months following approval, unless otherwise specified.
Waivers are divided into two tiers: tier 1, waivers that are
estimated to be approved within 30 days; and tier 2, waivers that are
estimated to be approved within 60 days. The Office of Public and
Indian Housing (PIH) will prioritize waiver request(s) based upon the
designated tier.
II. List of Waivers and Administrative Flexibilities
Tier 1: Immediate Need. This tier includes waivers and
administrative flexibilities needed for crisis management operations
during the immediate aftermath of a PDD. These requests will be
prioritized by HUD and
[[Page 7613]]
be approved with the quickest turnaround time estimated at 30 days.
Waivers applicable to both Public Housing (PH) and Housing Choice
Voucher (HCV) programs:
A. 24 CFR 982.201(e) and 960.259(a) and (c)(1): Verification of Date of
Birth and Disability Status
HUD may waive 24 CFR 982.201(e) and 960.259(a) and (c)(1) as it
relates to verifying a family member's disability status and/or date of
birth at the time of admission; and the impact that determination has
on the family's eligible expenses and deductions.
If this waiver is approved, as an alternative requirement, a PHA
may accept self-certification for families impacted by a PDD. If the
family is unable to provide third-party verification of disability and/
or date of birth for one of its members, because of loss of documents,
or lack of access to documents, then the applicable family member must
certify to date of birth and disability status. The PHA must verify the
disability status and/or date of birth within 90 days after admission
(30 days longer than the standard 60 days).
Self-certification of date of birth and disability status cannot be
utilized when it is related to the eligibility for a particular special
purpose voucher (e.g., Mainstream).
B. 24 CFR 984.303(d): Family Self Sufficiency (FSS) Contract of
Participation, Contract Extension
Section 984.303(d) authorizes a PHA to extend a family's contract
of participation for a period not to exceed two years in the FSS
Program, for any family that requests it. HUD may consider a request
from a PDD PHA that wishes to extend contracts for up to 3 years (one
additional year) if such extensions are justified during PDDs.
C. 24 CFR 982.201(e) and 960.259(a)(1) and (2) and (c): Eligibility
Determination, Income Verification
PHAs are required to verify a family's income eligibility within 60
days prior to voucher issuance for the tenant-based voucher program and
prior to admission for the project-based voucher and public housing
programs. PIH Notice 2023-27 provides the verification hierarchy under
which PHAs are responsible for obtaining third party verification of
reported family annual income, and PHAs must demonstrate efforts to
obtain third party verification prior to accepting self-certification
except in instances when self-certification is explicitly allowed. This
waiver would apply only to families lacking necessary income
documentation due to being impacted by the PDD. If the waiver is
approved, the following alternative requirements will apply:
1. For any applicant family impacted by the PDD, the PHA must first
request third-party documentation from the family.
2. If the family is unable to provide third-party documentation at
the time of the request, the PHA may immediately allow self-
certification. The PHA is not required to first attempt to obtain the
documentation from the third-party source of income before proceeding
immediately to the family self-certification if the family does not
have third party documents available to verify the family's income,
notwithstanding the requirement under PIH Notice 2023-27 that PHAs must
demonstrate efforts to obtain third party verification prior to
accepting self-certification.
3. Applicants must submit a self-certification declaration of
income, assets, expenses, and other factors that would otherwise affect
an income eligibility determination.
4. If the family is unable to provide third-party verification, for
the tenant-based HCV program the PHA must receive information verifying
that the family is eligible within the period of 60 days after the PHA
enters a Housing Assistance Payment (HAP) contract on behalf of the
family, assuming the PHA has received self-certification of income from
the applicant no later than 60 days prior to voucher issuance. For the
Public Housing and Project Based Voucher (PBV) programs, the PHA must
receive information verifying that the family is eligible within the
period of 60 days following admission or commencement of PBV
assistance, respectively.
5. The adoption of this waiver does not authorize any ineligible
family to receive assistance under these programs or relieve the PHA of
its responsibilities to correct any overpayments or underpayments of
subsidy. The PHA must take steps to identify and resolve any income
discrepancies, including updating the family's income retroactive to
the New Admission (action code 1) HUD-50058 and correcting any
overpayments or underpayments. If the PHA later determines that an
ineligible family received assistance, it must take steps to terminate
that family from the program.
D. 24 CFR 982.206(a)(2) and 960.206: Waiting List Opening and Closing,
Public Notice
HUD may approve an alternative requirement that the PDD PHA may
provide public notice in a voicemail message on its main or general
information telephone number and through its website (if such a PHA
website is available).
PHAs must comply with applicable fair housing and other civil
rights requirements when they provide public notice. For example, a PDD
PHA that chooses to provide public notice at its offices must consider
the impact on persons with disabilities, who may have difficulty
visiting the office in-person. Similarly, a PDD PHA that chooses to
provide public notice via voice-mail message must consider how it will
reach persons with hearing impairments and persons with limited English
proficiency. HUD maintains the requirement that a PDD PHA must also
provide the public notice in minority media. Any notice must comply
with HUD fair housing requirements.
E. PIH Notice 2011-65: Timely Reporting Requirements of the Family
Report (Form HUD-50058)
PHAs must submit family reports no later than 60 calendar days from
the effective date of any action recorded on line 2b of the form HUD-
50058 (or form HUD-50058 MTW). During a PDD, HUD may approve an
alternative requirement allowing PHAs to extend this term and submit
within 90 days.
F. 24 CFR 982.516(a)(2) and (3): Family Income and Composition, Annual,
and Interim Examinations for HCV and PBV; 24 CFR 960.259(c): Family
Information and Verification for PH and PIH Notice 2023-27
The PHA is required to obtain and document in the tenant file
third-party verification or must document in the tenant file because
third party verification was not available. HUD may waive the
requirements to use the income verification hierarchy for families
impacted by a PDD. If approved, a PHA can forgo third-party income
verification requirements for Annual Reexaminations and Interim
Reexaminations and the PHA may consider self-certification as the
highest form of income verification to process Annual and Interim
reexaminations during the allowable period of eligibility.
Waivers for the Housing Choice Voucher program only:
G. 24 CFR 5.703(d)(5): National Standards for the Physical Inspection
of Real Estate, Units
HUD may consider a request from a PDD PHA to waive the requirement
to have at least one bedroom or living/sleeping room for each two
persons, to help house families displaced due to
[[Page 7614]]
PDDs. Should the waiver be granted, it will be in effect only for
Housing Assistance Payment (HAP) contracts, or PBV leases entered
during the rolling 12-month period following the date of HUD approval,
and then only with the written consent of the family. HUD will not
waive reasonable accommodation requirements. For any family occupying a
unit pursuant to this waiver, the waiver will be in effect for the
initial lease term.
H. 24 CFR 982.503(c): HUD Approval of Exception Payment Standard Amount
Typically, a PHA must provide data about the local market, as well
as other program related information, to substantiate the need for an
exception payment standard. In a PDD, however, the typical data sources
fail to capture conditions ``on the ground.'' In addition, the PHA is
focused on meeting the immediate needs of displaced families, and HUD
wants to limit the PHA's burden to provide additional documentation
that may not be readily available.
In these cases, a PHA must provide available data on pre-disaster
HCV time to lease and success rates, its pre-disaster payment
standards, the exception payment standard amounts being requested, and
the need for the requested exception payment standard amounts. HUD will
then consider the information provided by the PHA, along with the most
recently available data on the rental market prior to the disaster--
which may include rents and vacancy rates--and compare it to data
available immediately after a disaster which may include the number and
share of rental units destroyed or seriously damaged, number of
households displaced, and the amounts the Federal Emergency Management
Agency (FEMA) or local government is providing for rent assistance to
displaced disaster survivors. HUD will use this information to arrive
at an emergency exception payment standard amount, which may be up to
200 percent of the Fair Market Rent (FMR) or Small Area FMR, as
applicable. For example, if a housing market with low vacancies and
long search times for HCV tenants prior to a disaster, loses a
substantial share of rental units due to the disaster, and FEMA or the
local government is paying well above FMR for rent assistance, this
could justify an exception payment standard set to match FEMA's rent
assistance level.
The exception payment standards will be effective on or after the
date the exception payment standards are adopted by the PHA following
HUD approval. The exception payment standards will remain in effect for
up to 12 months. HUD may revisit and adjust the approved exception
payment standard amounts based on reliable post-disaster rental data
once it is available. PDD PHAs are reminded that increased per-family
costs resulting from the use of exception payment standards may result
in a reduction in the number of families assisted or may require other
cost-saving measures for an PDD PHA to stay within its funding
limitations.
I. 24 CFR 982.54(d)(2): Term of Voucher, Extension of Term
The Department recognizes the urgency and the time required to
update the Administrative Plan. Therefore, HUD may waive 24 CFR
982.54(d)(2), allowing the PHA to establish the alternative voucher
extension policy immediately before updating its Administrative Plan.
As an alternative requirement, the PHA must notify families searching
with a voucher of the new policy as soon as possible and update its
Administrative Plan within six months of approval of this waiver.
J. 24 CFR 982.305(c): PHA Approval of Assisted Tenancy, When HAP
Contract Is Executed
When a PDD impacts an owner's ability to collect the documents, HUD
may waive 24 CFR 982.305(c) and provide as an alternative requirement
that the HAP contract must be executed no later than 120 calendar days
(60 days longer than the standard regulation) from the beginning of the
lease term. This waiver would remain in effect for up to six months
following approval.
K. 24 CFR 982.633(a): Occupancy of Home
HUD may consider a request from a PDD PHA wishing to waive the
requirement that PHAs make HAP for homeownership assistance only while
a family resides in their home and must stop HAP no later than the
month after a family moves out, to allow families displaced from their
homes located in areas affected by PDDs to comply with mortgage terms
or make necessary repairs.
A PHA requesting a waiver of this type must show good cause by
demonstrating that the family is not already receiving assistance from
another source. Note: In addition, a PDD PHA that wishes to request a
waiver of the requirement at 24 CFR 982.312 that a family be terminated
from the program if they have been absent from their home for 180
consecutive calendar days must do so separately.
L. 24 CFR 982.54(a): Administrative Plan
Recognizing difficulties in complying with the requirement that the
PHA Board of Commissioners formally adopted revisions to the
administrative plan during a PDD, HUD may waive the requirement to
allow the PHA administrative plan to be revised on a temporary basis
without Board approval for 120 days. Any informally adopted revisions
under this waiver authority must be formally adopted within 120 days.
Waiver requests will be limited to revisions that do not constitute
a significant amendment or modification to the PHA or Moving to Work
(MTW) plan; pursuant to section 5A(g) of the 1937 Act, HUD cannot waive
the approval by the board or other authorized PHA officials if the
proposed revision would constitute a significant amendment or
modification to the PHA or MTW plan. Finally, HUD cannot waive any
terms within a PHA's own plan or state law requiring the approval of
the board or authorized PHA officials.
M. 24 CFR 982.405(b): Supervisory Quality Control Inspections
This regulation requires the PHA to conduct supervisory quality
control housing quality standards (HQS) inspections. This waiver would
remove the requirement for PHAs to conduct such inspections for the 6-
month period following waiver approval.\1\
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\1\ Although HCV regulations still cite HQS as a term, the
citations point to the National Standards for the Physical
Inspection of Real Estate (NSPIRE) final rule which was published on
May 11, 2023 (88 FR 30442), consolidating HUD's inspection standards
and procedures.
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N. 24 CFR 982.312: Absence From Unit
This regulation requires that a family may not be absent from a
unit for a period of more than 180 consecutive calendars days for any
reason. Under this document, PDD PHAs may seek waiver approval to
extend the period of absence from 180 days to 240 days and maintain
documentation in the tenant file indicating unit is under a PDD which
resulted in the extended absence.
O. 24 CFR 982.455, 983.258, and 983.211(a): Automatic Termination of
HAP Contract or Required Removal of Unit From the PBV HAP
During a PDD, families may experience economic and employment
instability, resulting in loss of income in the immediate aftermath of
a PDD. PHAs may request a waiver to extend the timeframe for automatic
termination of the HAP contract or required removal of the unit from
the PBV HAP contract,
[[Page 7615]]
from 180 days to 360 days following the last HAP payment to the owner,
to preserve families' assistance for a longer period in case a family
experiences a loss of income, and to allow the PHA time to process
interim reexaminations for families who report a loss of income.
P. 24 CFR 982.517(c): Revisions of Utility Allowance Schedule
PHAs must review their schedule of utility allowances each year and
revise its allowance for a utility category if there has been a change
of 10 percent or more in the utility rate since the last time the
utility allowance schedule was revised.
During a PDD, HUD may allow a PHA to delay reviewing and updating
HCV utility allowances, for an additional 6 months beyond the normal
12-month period.
Q. PIH Notice 2018-1, Section 9: Guidance on Small Area Fair Market
Rent (SAFMR) and Payment Standard
PHAs may request a suspension or temporary exemption from using
SAFMRs. A PDD PHA can request a suspension or temporary exemption from
the requirement to use SAFMRs, and HUD can provide such an extension,
through this waiver process rather than following the requirements and
process outlined in PIH Notice 2018-1, which would normally be
required.
R. 24 CFR Part 985: Section 8 Management Assessment Program (SEMAP)
For a PDD PHA that has a SEMAP score due during calendar year (CY)
2024 or CY2025 HUD may consider a request to carry forward the last
SEMAP score received by the PHA and forego HUD performing an assessment
for CY2024 or CY2025, as applicable. If HUD grants this waiver, the
PHA's next SEMAP assessment will occur at the time an assessment would
normally have been required had the PHA received the same SEMAP score
for CY2024 or CY2025, as applicable.
Waivers for the Public Housing program only:
S. 24 CFR 965.302: Requirements for Energy Audits
PHAs must complete an energy audit for each PHA-owned project at
least once every five years. If the deadline for completing energy
audit coincides with a PDD, this waiver would allow the PHA to delay
the completion of their energy audit if a project has units with a HUD
approved status of Disaster, in accordance with 24 CFR 990.145(b)(2).
T. 24 CFR 965.507: Review and Revision of Allowances
PHAs must review, and update as necessary, utility allowances on an
annual basis. During a PDD, HUD may allow a PHA to delay reviewing and
updating public housing utility allowances, for an additional 6 months
beyond the normal 12-month period.
U. 24 CFR 966.5: Posting of Policies, Rules, and Regulations
PHAs are required by this regulation to provide 30-day notice to
impacted families for changes to policies, rules, and special charges
to families. As an alternative requirement, for the 6-month period
following approval of this waiver, PHAs will not be required to provide
such advance notice to families, except advance notice must be provided
for any changes related to tenant charges.
Tier 2 Waivers: Less Time Sensitive. Justification of these waivers
depends on a PHA's reporting cycle or the timing of the PDD--it is not
necessarily a flexibility needed for crisis management operations in
the immediate aftermath of a disaster. Flexibility will be required as
part of the recovery phase (reconstruction) of the disaster/emergency
event, so PHAs can expect these requests to be expedited in
approximately 60 days.
Waiver applicable to both PH and HCV programs:
A. 24 CFR 5.801(c) and (d)(1): Uniform Financial Reporting Standards,
Filing of Financial Reports, Reporting Compliance Dates
For PDD PHAs with a deadline to submit only audited financial
information in accordance with 24 CFR 5.801(b) and (d) within six
months after the date of the disaster related to the PDD, HUD may
consider a request to waive the due date. For PDD PHAs with a deadline
to submit unaudited financial information in accordance with 24 CFR
5.801(b) and (d) within 120 days before and up to six months after the
date of the disaster related to the PDD, HUD may consider a request to
waiver the due date.
HUD may consider requests from PDD PHAs with financial submission
due dates that fall outside these requirements. The deadline for
submission of financial information in accordance with 24 CFR 5.801(b)
and the deadline for submission of unaudited financial statement may be
extended to 180 calendar days, and the deadline for submission of
audited financial statements may be extended to 13 months.
Waivers for the Public Housing program only:
B. 24 CFR Part 902: Public Housing Assessment System
For PDD PHAs with fiscal year end (FYE) dates within four months
before and up to 10 months after the effective date of the PDD, HUD may
consider a request to waive the physical inspection and scoring of
public housing projects, as required under 24 CFR part 902. For
situations beyond the PHA's control, HUD may consider requests from PDD
PHAs with a FYE date that falls outside these dates.
C. 24 CFR 905.306: Extension of Deadline for Programmatic Obligation
and Expenditure of Capital Funds
The regulation does not permit extensions of the expenditure dates
other than for the period of a HUD-approved extension of the obligation
deadline. HUD may extend both the obligation end date and the
expenditure end date for all Capital Fund grants during a PDD. However,
no programmatic expenditure end date shall be extended beyond one month
prior to the closure of the relevant appropriation account, pursuant to
31 U.S.C. 1552.
D. 24 CFR 905.322(b): Fiscal Closeout
An Actual Development Cost Certificate (ADCC) must be submitted 12
months from the date of completion/termination of a modernization
activity, and the Actual Modernization Cost Certificate (AMCC) must be
submitted not later than 12 months from the activity's expenditure
deadline. In accordance with 2 CFR 200.344(b), HUD may authorize an
extension; however, if the PHA does not submit all reports within one
year, HUD must report the failure under the Office of Management and
Budget (OMB) designate integrity and performance system.
E. 24 CFR 905.314(b) and (c): Cost and Other Limitations, Maximum
Project Cost, Total Development Cost (TDC) Limit
To facilitate the use of Capital Funds for repairs and construction
for needed housing in the disaster areas, HUD may consider waiving the
TDC and housing cost cap limits for all work funded by the Capital
Grant (with unexpended Capital Grant funds) or for work on housing in
the disaster area which is included as part of a Choice Neighborhoods
Implementation Grant. PDD PHAs that request to waive this provision and
receive approval to do so must strive to keep housing costs reasonable
given local market
[[Page 7616]]
conditions, based upon the provisions outlined in 2 CFR part 200.
F. 24 CFR 905.314(j): Cost and Other Limitations, Types of Labor
This section establishes that for high performer PHAs, they may use
force account labor for modernization and development activities
without including it in a Board-approved Capital Fund Program 5-Year
Action Plan. HUD may waive this requirement to allow for the use of
force account labor for modernization only activities for non-high
performers even if this activity has not been included in the non-high
performer PDD PHA's 5-Year Action Plan. Should HUD waive this
requirement, the waiver will be in effect for a period not to exceed 12
months from the date of HUD approval.
G. 24 CFR 905.400(i)(5): Capital Fund Formula, Replacement Housing
Factor To Reflect Formula Need for Projects With Demolition or
Disposition Occurring on or After October 1, 1998, and Prior to
September 30, 2013
HUD may consider waiving Sec. 905.400(i)(5) to help address
housing needs because of the displacement caused by the PDD, and to
allow unexpended Capital Fund Replacement Housing Factor Grants to be
used for public housing modernization. Should HUD waive this
requirement, the waiver will be in effect for funds obligated within a
period not to exceed 12 months from the date of HUD approval.
H. 24 CFR 970.15(b)(1)(ii): Demolition/Disposition Applications and
Environmental Reviews Performed Under 24 CFR Parts 50 and 58
For section 18 demolition applications and disposition applications
justified by location obsolescence for PDD PHAs, HUD may consider a
waiver request for the environmental review to be performed under 24
CFR part 50 or 58, if HUD determines the environmental review indicates
the environmental conditions jeopardize the suitability of the site (or
a portion of the site) and the housing structures for residential use.
I. 24 CFR 970.15(b)(2): Cost Estimate for Demo Application
For section 18 demolition applications justified by obsolescence,
HUD requires that PHAs support the cost estimate by a list of specific
and detailed work items that require rehabilitation or repair, as
identified on form HUD-52860-B and other criteria outlined in PIH
Notice 2018-04, section A. HUD may consider requests to waive these
requirements if a PDD PHA submits other evidence (e.g., insurance
adjuster reports, condemnation orders from local municipalities, and
photographs) that support the PDD PHA's certification that a program of
modifications is not cost-effective.
J. 24 CFR 990.145(b)(2): Dwelling Units With Approved Vacancies
If a PDD PHA has one or more units that have been vacated due to a
PDD, then the PDD PHA, with HUD approval, may treat the unit as an
``approved vacancy.'' Upon the request of a PDD PHA and HUD approval,
on a case-by-case basis, such units may be considered approved
vacancies for the time approved by HUD. Effective date of vacant unit
must align with the date of the emergency/or significant disaster event
that resulted in the PDD.
III. Exceptions or Waivers Not Listed in This Document
A PDD PHA may request an exception of a HUD requirement not listed
in section II of this document. HUD will only consider such exception
requests subject to statutory limitations and pursuant to 24 CFR 5.110.
Such exceptions or waivers shall not include any requests to waive fair
housing, civil rights, labor standards, or environmental review
requirement. The request must include justification and supporting
documentation, if necessary, to support the request.
IV. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
The FONSI is available through the Federal eRulemaking Portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The FONSI is also available for public
inspection between 8 a.m. and 5 p.m. Eastern Time weekdays in the
Regulations Division, Office of General Counsel, Department of Housing
and Urban Development, 451 7th Street SW, Room 10276, Washington, DC
20410-0500. Due to security measures at the HUD Headquarters building,
an advance appointment to review the docket file must be scheduled by
calling the Regulations Division at 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 and 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>.
V. Paperwork Reduction Act
The information collections referenced in this document have been
approved by OMB pursuant to the Paperwork Reduction Act under, OMB
Control Number 2577-0292.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
Attachment A
Use this checklist and follow these instructions to submit a
complete PDD waiver or flexibility request. Checklists and any
supporting documentation or information must be submitted no later than
120 days following the PDD designation. Requests submitted after that
time will not be considered on an expedited basis.
1. Copy and paste the checklist below into a new document, saving
the document with the following filename format: Federal Register
docket number (FR-XXXX-N-XX), a hyphen, then your Agency's HA Code. For
example: FR-XXXX-N-XX-AL123.
2. The section titled ``Information about Requesting Agency'' must
be completed in its entirety. An official of the PDD PHA must sign
where indicated. If the information about the requesting agency is
incomplete or the checklist has not been signed, then the checklist
will be returned.
3. Address an email to both <a href="/cdn-cgi/l/email-protection#05554c4d5a416c7664767160775a5760696c6063456d70612b626a73"><span class="__cf_email__" data-cfemail="1b4b5253445f72687a686f7e6944497e77727e7d5b736e7f357c746d">[email protected]</span></a> and your
regional HUD Field Office Public Housing Director, which can be found
at <a href="https://www.hud.gov/program_offices/public_indian_housing/about/field_office">https://www.hud.gov/program_offices/public_indian_housing/about/field_office</a>. In the subject line, type ``PHA Name--PHA Code--PDD
Disaster Relief--Month and Year.'' For example, Allenway Housing
Authority--AL123--PDD Disaster Relief--October 2024.
4. Attach to your email the completed checklist, letter of
justification, and all supporting documentation as applicable. HUD will
consider other methods of submission as needed.
Section 1. Information About Requesting Agency
NAME OF PHA:
PHA CODE:
Presidentially Declared Disaster (PDD) your agency is under, or FEMA
disaster number:
Address:
City or Locality: (must be covered under PDD)
Zip Code:
Parish/County:
[[Page 7617]]
Date of Submission:
Signature of PHA Official:
Name/Title of PHA Official:
Phone number of PHA Official:
Email address of PHA Official:
Section 2. Insert an ``X'' to the Left of the Administrative
Flexibilities You Are Requesting
Each request must include a good-cause justification for the waiver
or flexibility, documenting why the waiver is needed for each purpose.
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Citation and waiver name--FY 2024
Tier Waiver presidentially declared disaster (PDD) PH HCV Both PH and HCV
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Tier 1 Waivers..................... A..................... 24 CFR 982.201(e) and 960.259: Verification of ............ ............ x
Date of Birth and Disability Status.
B..................... 24 CFR 984.303(d): Family Self Sufficiency ............ ............ x
(FSS) Contract of Participation, Contract
Extension.
C..................... 24 CFR 982.516(a)(2) and (3) and 960.259(c): ............ ............ x
Eligibility Determination, Income
Verification.
D..................... 24 CFR 982.206(a)(2) and 960.206: Waiting ............ ............ x
List, Opening and Closing, Public notice.
E..................... PIH Notice 2011-65: Timely Reporting ............ ............ x
Requirements of the Family Report (form HUD-
50058).
F..................... 24 CFR 982.516(a)(2) and (3): Family Income ............ ............ x
and Composition, Annual and Interim
Examinations for HCV and PBV; 24 CFR
960.259(c): Family Information and
Verification for PH and PIH Notice 2023-27.
G..................... 24 CFR 5.703(d)(5): National Standards for the ............ x ...............
Physical Inspection of Real Estate, Units.
H..................... 24 CFR 982.503(c): HUD Approval of Exception ............ x ...............
Payment Standard Amount.
I..................... 24 CFR 982.54(d)(2): Term of Voucher, ............ x ...............
Extension of Term.
J..................... 24 CFR 982.305(c): PHA Approval of Assisted ............ x ...............
Tenancy, When HAP Contract is Executed.
K..................... 24 CFR 982.633(a): Occupancy of Home.......... ............ x ...............
L..................... 24 CFR 982.54(a): Administrative Plan......... ............ x ...............
M..................... 24 CFR 982.405(b): Supervisory Quality Control ............ x ...............
Inspection.
N..................... 24 CFR 982.312: Absence from Unit............. ............ x ...............
O..................... 24 CFR 982.455, 983.258 and 983.211(a): ............ x ...............
Automatic Termination of HAP Contract or
Required Removal of Unit from the PBV HAP.
P..................... 24 CFR 982.517(c): Revisions of Utility ............ x ...............
Allowance Schedule.
Q..................... PIH Notice 2018-1, Section 9: Guidance on ............ x ...............
SAFMR and Payment Standard.
R..................... 24 CFR Part 985: Section 8 Management ............ x ...............
Assessment Program (SEMAP).
S..................... 24 CFR 965.302: Requirements for Energy Audits x ............ ...............
T..................... 24 CFR 965.507: Review & Revision of x ............ ...............
Allowances.
U..................... 24 CFR 966.5: Posting of Policies, Rules, and x ............ ...............
Regulations.
Tier 2 Waivers.................... A..................... 24 CFR 5.801(c) and (d)(1): Uniform Financial ............ ............ x
Reporting standards, Filing of Financial
Reports, Reporting Compliance Dates.
B..................... 24 CFR Part 902: Public Housing Assessment x ............ ...............
System.
C..................... 24 CFR 905.306: Extension of Deadline for x ............ ...............
Programmatic Obligation and Expenditure of
Capital Funds.
D..................... 24 CFR 905.322(b): Fiscal Closeout............ x ............ ...............
E..................... 24 CFR 905.314(b) and (c): Cost and Other x ............ ...............
Limitations, Maximum Project Cost, TDC limit.
F..................... 24 CFR 905.314(j): Cost and Other Limitations, x ............ ...............
Types of Labor.
G..................... 24 CFR 905.400(i)(5): Capital Fund Formula, x ............ ...............
Replacement Housing Factor to Reflect Formula
Need for Projects with Demolition or
Disposition Occurring on or after October 1,
1998, and Prior to September 30, 2013.
H..................... 24 CFR 970.15(b)(1)(ii): Demolition/ x ............ ...............
Disposition Applications and Environmental
Reviews Performed under 24 CFR Parts 50 and
58.
I..................... 24 CFR 970.15(b)(2): Cost Estimate for Demo x ............ ...............
Application.
J..................... 24 CFR 990.145(b)(2): Dwelling Units with x ............ ...............
Approved Vacancies.
Section III of this document....... ...................... Waivers that are not identified in this PIH x x x
document.
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[FR Doc. 2024-02094 Filed 2-2-24; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on February 5, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.