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Notice2024-27381

Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2024

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Published

November 22, 2024

Issuing agencies

Housing and Urban Development Department

Abstract

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on April 1, 2024 and ending on June 30, 2024.

Full Text

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<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92704-92711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27381]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6460-N-02]

Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2024

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2024 and ending on June 30, 2024.

FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (this is not a toll-free number). HUD welcomes
and is prepared to receive calls from individuals who are deaf or hard
of hearing, as well as individuals with speech and communication
disabilities.
To learn more about how to make an accessible telephone call,
please visit please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the second quarter of calendar year 2024.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act

[[Page 92705]]

(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from April
1, 2024 through June 30, 2024. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2024) before the next report is published (the third
quarter of calendar year 2024), HUD will include any additional waivers
granted for the second quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.

Benjamin B. Klubes,
Principal Deputy General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2024 Through June
30, 2024

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

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

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

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

<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: Washoe County, Nevada, requested a waiver of
24 CFR 92.252(d)(1) to allow the use of the utility allowance
established by the local public housing agency (PHA) for the Copper
Mesa Apartments project.
Nature of Requirement: 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 to establish
and implement different utility allowances for HOME-assisted and
non-HOME assisted units in a project.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 17, 2024.
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 to establish and implement different utility
allowances for HOME-assisted and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community and Development, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7160,
Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: Los Angeles County, California and Santa Ana,
California requested waivers of 24 CFR 92.252(d)(1) to allow the use
of the utility allowance established by the local public housing
agency (PHA) for Metro at Florence (Los Angeles County, CA) and
Westview House (Santa Ana, CA), two HOME-assisted rental projects.
Nature of Requirement: 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 to establish
and implement different utility allowances for HOME-assisted and
non-HOME assisted units in a project.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 22, 2024.
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 to establish and implement different utility
allowances for HOME-assisted and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning & Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: Appendix I, Section B.2.a. of the
Neighborhood Stabilization Program 2 Notice of Funding Availability
(NOFA).
Project/Activity: Habitat for Humanity International's (HfHI)
Dallas, TX affiliate redeveloped a property located at 4527 Jamaica
Street, Dallas, TX with

[[Page 92706]]

Neighborhood Stabilization Program (NSP 2) funds made available
through the American Recovery and Reinvestment Act of 2009 (the
Recovery Act) and applied long-term affordability requirements to
the property in accordance with Appendix I, Section B.2.a of the NSP
2 NOFA.
Nature of Requirement: The Housing and Economic Recovery Act of
2008 (HERA) and the Recovery Act required NSP grantees to ensure to
the maximum extent practicable and for the longest feasible term,
that the sale, rental, or redevelopment of abandoned or foreclosed
NSP-assisted homes and residential properties remain affordable to
individuals or families whose incomes do not exceed 120 percent of
area median income. HUD implemented this requirement in Appendix I,
Section B.2.a. of the NSP2 NOFA and provided that any applicant
adopting the HOME Investment Partnerships (HOME) program standards
at 24 CFR 92.252(a), (c), (e), and 92.254 to be in minimal
compliance with the statutory requirement.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 22, 2024.
Reason Waived: The subject property, one of several hundred
redeveloped nationally by HfHI, only met the affordability standard
for six years. The HfHI Dallas affiliate foreclosed on the property
because the home became occupied by squatters who no longer made
mortgage payments, claimed sovereign citizen status, and made death
threats against HfHI Dallas affiliate staff.
HUD determined that the grantee met the statutory requirement
that the property remain affordable to individuals or families whose
incomes do not exceed 120 percent of area median income to the
maximum extent practicable and for the longest feasible term. Based
on the explanation provided by HfHI and because HUD exercised its
policy discretion when it adopted the HOME standard for continued
affordability as a means to determine compliance, HUD found good
cause to waive this requirement in this instance.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7282, Washington, DC 20410, telephone (202) 402-5716.

II. Regulatory Waivers Granted by the Office of Housing

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

<bullet> Regulation: 24 CFR 203.604 Servicing Responsibilities,
Contact with the Mortgagor.
Project/Activity: Partial Waiver of required face-to-face
contact with a mortgagor.
Nature of Requirement: 24 CFR 203.604 Servicing
Responsibilities, Contact with the Mortgagor under Subpart C--
Servicing Responsibilities of 24 CFR part 203 Single Family Mortgage
Insurance, stipulates that mortgagees must have a face-to-face
interview with the mortgagor, or make a reasonable effort to arrange
a meeting, before three full monthly installments due on the
mortgage are unpaid. If default occurs in a repayment plan arranged
other than during a personal interview, the mortgagee must have a
face-to-face meeting with the mortgagor, or make a reasonable
attempt to arrange such a meeting within 30 days after such default
and at least 30 days before foreclosure is commenced.
Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 4, 2024.
Reason Waived: This Partial Waiver that was initially granted on
March 13, 2020, at the onset of the Coronavirus Disease 2019 (COVID-
19) Pandemic, was issued due to several reasons including, but not
limited to, continued public health concerns around the spread of
COVID-19. The extension of this Partial Waiver was issued because at
the time of issuance, HUD was in the process of considering public
comments to finalize rule making proposed to amend the current
requirements of Sec. 203.604. Without this Partial Waiver
extension, mortgagees have had to restart in-person outreach efforts
and face-to-face interviews, which requires significant effort in
staffing, contracting, and updating internal processes and borrower
communications for the interim period before potential new
requirements take effect.
Contact: Elissa Saunders, Director, Office of Single Family
Asset Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410, telephone
(202) 402-708-2121, <a href="/cdn-cgi/l/email-protection#1a7f767369697b347534697b6f747e7f68695a726f7e347d756c">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 3282.8(l), Applicability,
Multifamily homes.
Project/Activity: Regulatory Waiver to allow for construction of
a Two (2) Dwelling Unit Manufactured Home Bearing a HUD
Certification Label. The waiver of 24 CFR 3282.8(l) was only
available for the specific design and production of one (1)
manufactured home and required a Notice to Purchaser.
Nature of Requirement: 24 CFR 3282.8(l), Applicability,
Multifamily homes, states ``homes designed and manufactured with
more than one separate living unit are not covered by the standards
and these regulations.'' Under current regulations, manufactured
home producers are not able to build and ship multi-dwelling unit
manufactured homes bearing a HUD certification label.
The National Manufactured Housing and Construction Safety
Standards Act of 1974 (the Act) gives HUD authority to set standards
for all homes that meet the definition of a ``manufactured home''
which is broad enough to include multifamily manufactured homes.
Under the National Manufactured Home Construction and Safety
Standards, 24 CFR 3280 (``Standards''), a manufactured home must
display a permanent label certifying to the best of the
manufacturer's knowledge and belief that the manufactured home has
been inspected and meets all applicable requirements of the
Standards or it cannot be sold. See 24 CFR 3280.11, 3282.252(a)(1).
HUD procedural and enforcement regulations, 24 CFR part 3282, have
historically excluded multi-dwelling unit manufactured homes from
the scope of the Standards even though the definition of
``manufactured home'' in both the Act and the Standards is broad
enough to include such homes but for the explicit regulatory
exclusion at 24 CFR 3282.8(l).
In April 2024, Cavco Industries, one of the largest builders of
manufactured homes in the country, requested an Alternate
Construction Approval Letter (``AC'') via the regulatory allowance
set forth in 24 CFR 3282.14, Alternative Construction, indicating
Cavco's desire to build a multi-dwelling unit home. A complete
request package for the design and construction was received and
reviewed by the Office of Manufactured Housing Programs. Cavco
stated its desire to build a single home for display at the HUD-
hosted 2024 Innovative Housing Showcase held in June 2024. In order
for the home to be produced and sold bearing a HUD certification
label, the regulatory waiver and an AC Letter were be necessary.
Granted by: Julia Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 26, 2024.
Reason Waived: The manufactured home design proposed by Cavco,
without a waiver of regulation 24 CFR 3282.8(l), could not be
approved or built because it had more than one separate living area
included in the design. But for the applicability exclusion in 24
CFR 3282.8(l) and the 24 CFR 3280.2, definition of Dwelling, the
home design complied with the current Standards. The design was
reviewed by HUD and verified by IBTS that it provided quality,
durability, and safety levels equivalent to those required by the
Federal Standards. The AC Letter required a number of additional
standards that are equivalent or superior to the current Standards,
to account for the additional dwelling unit. Also, each dwelling
unit, were it to be presented as a separate design, could have been
approved under current Standards. Limiting the waiver and the AC
Letter provided authority to build a multi-dwelling unit
manufactured home that carries the HUD certification label but would
not jeopardize public health or safety and would serve the purpose
of the Act.
Moreover, the multi-dwelling unit manufactured home was
showcased at the Innovative Housing Showcase in June 2024 where it
served to inform and educate the general public on an innovative
design along with the possibilities of construction practices for
future manufactured homes. The home also exhibited an option
available to address the nation's affordable housing crisis. The
design and build process provided further proof-of-concept testing
of the engineering and design/build production process education,
adding to the knowledge bank first assembled in the 2010's. The
regulatory waiver is good through September 26, 2024.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410,
telephone (202) 402-5365, email <a href="/cdn-cgi/l/email-protection#653100170016044b294b35041c0b00250d10014b020a13">[email&#160;protected]</a>.

[[Page 92707]]

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

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

<bullet> Regulation: 24 CFR 982.517(b) and 24 CFR
983.301(f)(2)(ii).
Nature of Requirement: The cited regulation requires the PHA to
maintain a utility allowance schedule, and the utility allowance for
an individual family, must include the utilities and services that
are necessary in the locality to provide housing that complies with
HQS. The purpose of the waiver request is so the PHA can use the
community wide utility allowance schedule used for the whole
jurisdiction of the PHA. For redetermination of the initial rent to
the owner, the PHA must use the most recently FMRs and the PHA
utility allowance schedule. The PHA may use the amounts in effect at
any time during the 30-day period immediately before the
redetermination date.
Project/Activity: Fairfax County Redevelopment and Housing
Authority (FCRHA), Dominion Square Project.
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: April 3, 2024.
Reason Waived: HUD approved the waiver request to allow the use
of a site-specific utility allowance to promote utility
conservation, ensure the efficient use of Housing Assistance Payment
(HAP) funding, and utility allowances with the actual consumption
rates of residents.
Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709,
email: <a href="/cdn-cgi/l/email-protection#81cbe4f3eeefe4afedafe0efe5e4f3f2eeefc1e9f4e5afe6eef7">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 983.202(b)(2), 24 CFR 983.210(a), 24
CFR 983.210(c), 24 CFR 983.210(d), 24 CFR 983.351(a)(1), 24 CFR
983.260.
Nature of Requirement: 24 CFR 983.202(b)(2) elaborates on the
purpose of the HAP contract, defining that a PHA makes housing
assistance payments to the owner in accordance with the HAP contract
and that housing assistance is paid for contract units leased and
occupied by eligible families during the HAP contract term. 24 CFR
983.210(a) requires that the owner is maintaining the premises and
all contract units in accordance with HUD's HQS under the
requirements established within 24 CFR 983. 24 CFR 983.210(c)
requires that each contract unit for which the owner is receiving
housing assistance payments is leased to an eligible family referred
by the PHA or selected from the owner-maintained waiting list in
accordance with Sec. 983.251, and the lease is in accordance with
the HAP contract and HUD requirements. 24 CFR 983.210(d) requires
that, to the best of the owner's knowledge, the members of the
family residing in each contract unit for which the owner is
receiving housing assistance payments, and the unit is the family's
only residence (exceptions notwithstanding). 24 CFR 983.351(a)(1)
requires that during the term of the HAP contract, the PHA shall
make housing assistance payments to the owner in accordance with the
terms of the HAP contract. 24 CFR 983.260. pertains to how PHAs may
handle the withdrawal or extension of assistance payments in the
event of overcrowded, under-occupied, and accessible units.
Project/Activity: New York City Housing Authority (NYCHA)/Sack
Wern.
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: May 10, 2024.
Reason Waived: Under the authority provided at 24 CFR 5.110 and
considering the good cause presented, HUD grants the waivers to
temporarily relocate tenants without terminating their original
lease and continue HAP payments for occupied units in the project
while the rehabilitation work is completed for the following
reasons:
<bullet> 24 CFR 983.202(b)(2) so that, during the temporary
relocation period, housing assistance will be paid for units under
contract and occupied by eligible families, and an addendum to the
lease will be executed for the temporary units covering the period
it takes to complete necessary health and safety improvements.
<bullet> 24 CFR 983.210(a) for the units that are unoccupied
while lead abatement is being completed. Protections and procedures
must be in place to minimize health and safety risks while work is
being completed in unoccupied units.
<bullet> 24 CFR 983.210(c) so that the contract unit, for which
the owner is receiving housing assistance, will be covered by any
addendums subject to the temporary unit and ensure equal tenant
protections during the period it takes to complete necessary health
and safety improvements while the original tenant lease remains in
place.
<bullet> 24 CFR 983.210(d) so that while tenants are temporarily
relocated, they may continue to maintain residency at their leased
unit.
<bullet> 24 CFR 983.351(a)(1) so that housing assistance
payments shall be made for the months during which a contract unit
is leased, or for a temporary unit, under a lease addendum, but that
no housing assistance payments shall be made for units that are
unoccupied.
<bullet> 24 CFR 983.260 so that during the temporary relocation
period, families may occupy units that are larger than their leased
unit and include accessibility features the family does not require.
Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709,
email: <a href="/cdn-cgi/l/email-protection#2f654a5d40414a0143014e414b4a5d5c40416f475a4b01484059">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.517(b) and 24 CFR 982.517(c).
Nature of Requirement: The cited regulation requires the PHA to
maintain a community-wide utility allowance schedule, which must
include the utilities and services that are necessary in the
locality to provide housing that complies with HQS. For
determination and redetermination of the rent to the owner, the PHA
must use the PHA's current utility allowance schedule.
Project/Activity: Housing Authority of the City of Austin
(HACA), Chalmers East development.
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: May 30, 2024.
Reason Waived: Under the authority provided at 24 Sec. CFR
5.110 and considering the good cause presented, HUD grants the
waivers to allow the PBV project-specific utility allowance to apply
to tenant-based vouchers used at Chalmers East. HACA presented good
cause by explaining that allowing the HACA to apply the project-
specific utility allowance to the tenant-based HCV units at the
project would: (1) more accurately reflect the lower utility costs
at the project, as a result of energy-efficient appliances and green
building systems, (2) encourage energy conservation by residents,
and (3) avoid misuse of HAP for UA disbursements in excess of what
is necessary for the family to maintain utilities. The results of
the analysis the HACA provided demonstrate that use of the HACA's
current community-wide UA would discourage conservation and
efficient use of HAP.
Contact: Nathaniel Johnson, Senior Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410, telephone (202) 402-5156,
email <a href="/cdn-cgi/l/email-protection#357b54415d545b5c50591b7f5a5d5b465a5b755d40511b525a43">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.54(a), 24 CFR 960.202(c)(1).
Nature of Requirement: 24 CFR 982.54(a) states that the PHA must
adopt a written administrative plan that establishes local policies
for administration of the program in accordance with HUD
requirements. The administrative plan and any revisions of the plan
must be formally adopted by the PHA Board of Commissioners or other
authorized PHA officials. The administrative plan states PHA policy
on matters for which the PHA has discretion to establish local
policies.
Project/Activity: Los Angeles County Development Authority
(LACDA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: May 30, 2024.
Reason Waived: Under the authority provided at 24 CFR 5.110 and
based on the information submitted by the LACDA, HUD determined
there was good cause to approve the waiver of 24 CFR 982.54(a) to
immediately implement a policy to accept Safe Harbor verifications
of income in its HCV program. HUD also found good cause to waive the
regulation at 24 CFR 960.202(c)(1) to allow the same policy to be
immediately implemented in the LACDA's public housing program, prior
to formal board approval of changes to the ACOP. LACDA presented
good cause by explaining that LACDA is requesting these regulatory
waivers to have the ability to fully implement Safe Harbor

[[Page 92708]]

verifications before its administrative plan is updated this summer.
Allowing for Safe Harbor determinations streamlines the admissions
and income determinations process, addressing the urgent
homelessness and housing affordability crisis in the LACDA's
operating area. The LACDA is scheduled to have its Safe Harbor rule
and discretionary policies approved for use in both the
Administrative Plan and the Admissions and Continued Occupancy
Policy (ACOP) by July 1, 2024, but approval of these waivers would
allow immediate use of the Safe Harbor provision, which would
benefit families who have an income determination from another
federal means-tested program.
Contact: Susannah Roetlin, Senior Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20420, telephone (303) 672-5090,
email <a href="/cdn-cgi/l/email-protection#f5868086949b9b949ddb86db879a9081999c9bb59d8091db929a83">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.201(e).
Nature of Requirement: Requires the PHA to receive information
verifying that an applicant is eligible, including eligibility for
any deductions, within the period of 60 days before the PHA issues a
voucher to the applicant.
Project/Activity: Dallas County Department of Health and Human
Services (DCHHS).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: May 31, 2024.
Reason Waived: The DCHHS requests the ability to utilize self-
certification of date of birth and disability status, which is
required for individuals when it impacts the income and tenant rent
calculation and eligibility for the elderly/disabled deduction. The
DCHHS requests to implement the alternative requirement specifically
for people experiencing homelessness. Under the authority provided
at 24 CFR 5.110, HUD has determined there is good cause to waive
verifying date of birth and disability status for people
experiencing homelessness at the time of admission for purposes of
determining the family's eligible expenses and deductions.
Contact: Susannah Roetlin, Senior Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20420, telephone (303) 672-5090,
email <a href="/cdn-cgi/l/email-protection#e1929492808f8f8089cf92cf938e84958d888fa1899485cf868e97">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 983.301(f)(4).
Nature of Requirement: HUD may establish a process allowing PHAs
to adopt project-specific utility allowances by notification in the
Federal Register subject to public comment. Absent the establishment
of such a project-specific utility allowance, the PHA's utility
allowance schedule, as determined under 24 CFR 982.517(b)(2)(i) or
(ii), applies to both the tenant-based and PBV programs.
Project/Activity: Kenner Housing Authority (KHA), Affordable
Properties projects.
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2024.
Reason Waived: Under the waiver authority provided at 24 CFR
5.110 and considering the good cause presented, HUD grants the
waiver so that the KHA may establish a project-specific utility
allowance for the KHA Affordable Properties projects. The good cause
justification for a project-specific utility allowance centers on
promoting utility conservation, ensuring the efficient use of
Housing Assistance Payment (HAP) funding, and aligning utility
allowances with the actual consumption rates of residents.
Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709,
email: <a href="/cdn-cgi/l/email-protection#450f20372a2b206b296b242b212037362a2b052d30216b222a33">[email&#160;protected]</a>.

Extended Streamlined Waivers

<bullet> Regulation: 24 CFR 982.505(c)(4) Increase in Payment
Standard During Housing Assistance Payment (HAP) Contract Term.
Project/Activity: Notice PIH 2023-29 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: If the payment standard amount is
increased during the term of the HAP contract, the increased payment
standard amount shall be used to calculate the monthly housing
assistance payment for the family beginning at the effective date of
the family's first regular reexamination on or after the effective
date of the increase in the payment standard amount.
Reason Waived: The PHAs were authorized to increase the payment
standards for families at any time after the effective date of the
payment standard increase, rather than waiting for the next regular
reexamination. These waivers were approved consistent with the
streamlined regulatory waiver process in Notice PIH 2023-29, which
allowed PHAs to request regulatory waivers that would assist PHAs in
responding to ongoing fluctuations and disruptions in the rental
market by providing more flexibility with establishing and applying
payment standards. These waivers were provided to the PHAs because
allowing for earlier implementation of increased payment standards
for families helped ensure that families living in rental markets
with ongoing fluctuations and disruptions were not adversely
impacted by rapidly increasing rents.
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, telephone (202) 402-7026, email
<a href="/cdn-cgi/l/email-protection#92c2dbdacdd7eae2f7f6fbe6f7f6cdc5f3fbe4f7e0e1d2fae7f6bcf5fde4">[email&#160;protected]</a>.

------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
AL008......................... Selma Housing Authority 2/22/2024
CA007......................... County of Sacramento 1/31/2024
Housing Authority.
CA033......................... County of Monterey 1/31/2024
Housing Authority.
CA055......................... Housing Authority of 3/14/2024
the City of Vallejo.
FL032......................... Ocala Housing Authority 1/3/2024
FL068......................... Housing Authority of 1/9/2024
the City of Homestead.
IA045......................... Davenport Housing 1/3/2024
Commission.
IL124......................... Housing Authority of 2/22/2024
East Peoria.
IN004......................... Delaware County Housing 1/9/2024
Authority.
IN005......................... Housing Authority of 2/22/2024
the City of Muncie.
IN006......................... Housing Authority of 2/9/2024
the City of Anderson.
IN009......................... Housing Authority of 2/9/2024
the City of Richmond.
IN011......................... Housing Authority of 1/31/2024
the City of Gary.
IN019......................... Housing Authority of 3/14/2024
the City of Michigan
City.
IN020......................... Housing Authority of 1/9/2024
the City of Mishawaka.
IN025......................... Housing Authority of 2/9/2024
the City of
Charlestown.
IN047......................... Housing Authority of 1/3/2024
the City of
Crawfordsville.
IN050......................... New Castle Housing 1/31/2024
Authority.
IN078......................... Housing Authority of 1/31/2024
the City of Greensburg.
IN086......................... Housing Authority of 1/9/2024
the City of Union City.
IN091......................... Housing Authority of 2/22/2024
the City of Peru.
IN901......................... Indiana Housing and 1/3/2024
Community Development.

[[Page 92709]]

MO227......................... Housing Assistance 1/31/2024
Program of St Charles
County.
NE181......................... Goldenrod Regional 1/9/2024
Housing Agency.
NH009......................... Lebanon Housing 3/6/2024
Authority.
NY009......................... Albany Housing 3/6/2024
Authority.
NY406......................... Village of Fairport.... 2/22/2024
OH029......................... Ashtabula Metropolitan 1/31/2024
Housing Authority.
PA047......................... Wilkes Barre Housing 1/31/2024
Authority.
RQ013......................... Municipality of 3/14/2024
Trujillo Alto.
SC028......................... Housing Authority of 3/6/2024
Georgetown.
TN026......................... Etowah Housing 2/22/2024
Authority.
TN054......................... Cleveland Housing 1/3/2024
Authority.
TN062......................... Dayton Housing 1/31/2024
Authority.
TX512......................... Deep East Texas Council 1/31/2024
of Governments.
UT028......................... Roosevelt City Housing 2/22/2024
Authority.
WI206......................... Door County Housing 1/31/2024
Authority.
------------------------------------------------------------------------

<bullet> Regulation: 24 CFR 982.503(b)(1)(iv) Exception Payment
Standards up to 120% of the SAFMRs for PHAs that are in mandatory
SAFMR areas.
Project/Activity: Notice PIH 2023-29 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: At the request of a PHA administering the
HCV program under Small Area FMRs, HUD may approve an exception
payment standard for a Small Area FMR area above the 110 percent of
the published FMR in accordance with conditions set forth by Notice
in the Federal Register.
Reason Waived: The PHAs were authorized to adopt a payment
standard above the basic range, up to 120 percent of the Small Area
FMR. These waivers were approved consistent with the streamlined
regulatory waiver process in Notice PIH 2023-29, which allowed PHAs
to request regulatory waivers that would assist PHAs in responding
to ongoing fluctuations and disruptions in the rental market by
providing more flexibility with establishing and applying payment
standards. These waivers were provided to the PHAs because allowing
for an exception payment standard up to 120 percent of the Small
Area FMR helped ensure that families living in rental markets with
ongoing fluctuations and disruptions were not adversely impacted by
rapidly increasing rents and were able to find rental units with
their voucher.
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, telephone (202) 402-7026, email
<a href="/cdn-cgi/l/email-protection#cd9d84859288b5bda8a9a4b9a8a9929aaca4bba8bfbe8da5b8a9e3aaa2bb">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.503(c)(1)-(2) and (4)-(5)
Exception Payment Standards up to 120% of the FMR.
Project/Activity: Notice PIH 2023-29 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: PHAs may request an exception payment
standard of up to 120 percent of the applicable Fair Market Rent and
apply it throughout their jurisdiction.
Reason Waived: The PHAs were authorized to adopt a payment
standard above the basic range, up to 120 percent of the Fair Market
Rent, and apply it throughout their jurisdiction. These waivers were
approved consistent with the streamlined regulatory waiver process
in Notice PIH 2023-29, which allowed PHAs to request regulatory
waivers that would assist PHAs in responding to ongoing fluctuations
and disruptions in the rental market by providing more flexibility
with establishing and applying payment standards. These waivers were
provided to the PHAs because allowing for an exception payment
standard up to 120 percent of the Small Area FMR helped ensure that
families living in rental markets with ongoing fluctuations and
disruptions were not adversely impacted by rapidly increasing rents
and were able to find rental units with their voucher.
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, telephone (202) 402-7026, email
<a href="/cdn-cgi/l/email-protection#48180100170d30382d2c213c2d2c171f29213e2d3a3b08203d2c662f273e">[email&#160;protected]</a>.

[[Page 92710]]

FL017......................... Housing Authority of 1/3/2024
the City of Miami
Beach.
FL032......................... Ocala Housing Authority 1/3/2024
FL049......................... North Central Florida 3/14/2024
Regional County.
FL068......................... Housing Authority of 1/9/2024
the City of Homestead.
IA045......................... Davenport Housing 1/3/2024
Commission.
IL082......................... Housing Authority of 3/14/2024
the County of
Jodaviess.
IN004......................... Delaware County Housing 1/9/2024
Authority.
IN005......................... Housing Authority of 2/22/2024
the City of Muncie.
IN006......................... Housing Authority of 2/9/2024
the City of Anderson.
IN009......................... Housing Authority of 2/9/2024
the City of Richmond.
IN019......................... Housing Authority of 3/14/2024
the City of Michigan
City.
IN020......................... Housing Authority of 1/9/2024
the City of Mishawaka.
IN025......................... Housing Authority of 2/9/2024
the City of
Charlestown.
IN047......................... Housing Authority of 1/3/2024
the City of
Crawfordsville.
IN050......................... New Castle Housing 1/31/2024
Authority.
IN086......................... Housing Authority of 1/9/2024
the City of Union City.
KY026......................... Housing Authority of 3/14/2024
Glasgow.
KY157......................... Housing Authority of 3/6/2024
Floyd County.
KY161......................... Appalachian Foothills 3/14/2024
Housing Agency Inc.
MI880......................... Housing Services Mid- 2/22/2024
Michigan.
MO065......................... Chillicothe Housing 3/6/2024
Authority.
MO212......................... Ripley County Public 1/31/2024
Housing Agency.
MO227......................... Housing Assistance 1/31/2024
Program of St. Charles
County.
MT006......................... Richland County Housing 3/6/2024
Authority.
NE181......................... Goldenrod Regional 1/9/2024
Housing Agency.
NH009......................... Lebanon Housing 3/6/2024
Authority.
NY001......................... Syracuse Housing 3/6/2024
Authority.
NY009......................... Albany Housing 3/6/2024
Authority.
NY406......................... Village of Fairport.... 2/22/2024
OH001......................... Columbus Metropolitan 2/9/2024
Housing Authority.
OH029......................... Ashtabula Metropolitan 1/31/2024
Housing Authority.
PA038......................... Lackawanna County 1/31/2024
Housing Authority.
PA047......................... Wilkes Barre Housing 1/31/2024
Authority.
RQ013......................... Municipality of 2/9/2024
Trujillo Alto.
SC002......................... Housing Authority of 1/31/2024
the City of Columbia.
SC028......................... Housing Authority of 3/6/2024
Georgetown.
TN006......................... Kingsport Housing and 1/9/2024
Redevelopment
Authority.
TN026......................... Etowah Housing 2/22/2024
Authority.
TN054......................... Cleveland Housing 1/3/2024
Authority.
TN062......................... Dayton Housing 1/31/2024
Authority.
TX512......................... Deep East Texas Council 1/31/2024
of Governments.
WI048......................... New London Housing 1/9/2024
Authority.
WI206......................... Door County Housing 1/31/2024
Authority.
WV005......................... Housing Authority of 2/9/2024
the City of
Parkersburg.
------------------------------------------------------------------------

<bullet> Regulation: 24 CFR 982.503(b)(1)(iii) Exception Payment
Standards up to 120% for PHAs that are currently approved for
exception payment standard SAFMRs.
Project/Activity: Notice PIH 2023-29 Extension of Certain
Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.
Nature of Requirement: PHAs may request an extension of
expedited waiver(s) to allow for establishment of payment standards
up to 120 percent of its applicable FY2024 SAFMRs.
Reason Waived: The PHAs were authorized to adopt a payment
standard above the basic range, up to 120 percent of their approved
Small Area FMR exception payment standards. These waivers were
approved consistent with the streamlined regulatory waiver process
in Notice PIH 2023-29, which allowed PHAs to request regulatory
waivers that would assist PHAs in responding to ongoing fluctuations
and disruptions in the rental market by providing more flexibility
with establishing and applying payment standards. These waivers were
provided to the PHAs because allowing for an exception payment
standard up to 120 percent of the Small Area FMR exception payment
standards helped ensure that families living in rental markets with
ongoing fluctuations and disruptions were not adversely impacted by
rapidly increasing rents and were able to find rental units with
their voucher.
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 7th Street SW,
Suite 3180, Washington, DC 20410, telephone (202) 402-7026, email
<a href="/cdn-cgi/l/email-protection#d9899091869ca1a9bcbdb0adbcbd868eb8b0afbcabaa99b1acbdf7beb6af">[email&#160;protected]</a>.

[[Page 92711]]

UT016......................... Housing Authority of 1/9/2024
Carbon County.
------------------------------------------------------------------------

[FR Doc. 2024-27381 Filed 11-21-24; 8:45 am]
BILLING CODE 4210-67-P

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