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Notice2025-05332

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

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Published

March 28, 2025

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 July 1, 2024 and ending on September 30, 2024.

Full Text

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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14149-14157]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05332]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6460-N-03]

Notice of Regulatory Waiver Requests Granted for the Third
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 July 1, 2024 and ending on September 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 third 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
(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 July
1, 2024 through September 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 third quarter of calendar
year 2024) before the next report is published (the fourth quarter of
calendar year 2024), HUD will include any additional waivers granted
for the third quarter in the next report. Accordingly, information
about approved waiver requests pertaining to HUD regulations

[[Page 14150]]

is provided in the Appendix that follows this notice.

Matthew Ammon,
Acting Deputy Secretary.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2024 Through
September 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 92.203(a)(1) and (2).
Project/Activity: Projects located in the declared-disaster
areas (DR-4776-OK, DR-4778-NE, DR-4781-TX, DR-4783-WV, DR-4784-IA,
DR-4786-NE, DR-4787-WV, DR-4785-ME, DR-4788-AR, DR-4789-ID, DR-4791-
OK, DR-4794-FL, DR-4792-TN, DR-4793-HI, DR-4795-NM, DR-4796-IA).
Nature of Requirement: These sections of the HOME regulation
require initial income determinations for HOME beneficiaries by
examining source documents covering the most recent two months.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2024.
Reason Waived: This waiver permits the participating
jurisdictions 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 the 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 the date the participating jurisdiction notifies HUD of its
intent to use this waiver. The participating jurisdiction or, as
appropriate, HOME project owner, is required to maintain: (1) a
record of FEMA registration to demonstrate that a family was
displaced by the disaster; and (2) a statement signed by appropriate
family members certifying to the family's size and annual income and
that the family's income documentation was destroyed or is
inaccessible.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th 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 (DR-4776-OK, DR-4778-NE, DR-4781-TX, DR-4783-WV, DR-4784-IA,
DR-4786-NE, DR-4787-WV, DR-4785-ME, DR-4788-AR, DR-4789-ID, DR-4791-
OK, DR-4794-FL, DR-4792-TN, DR-4793-HI, DR-4795-NM, DR-4796-IA).
Nature of Requirement: Section 92.209(e) requires that the term
of a HOME TBRA contract made with a landlord begin on the first day
of the lease. Section 92.209(h)(1) limits the subsidy that a
participating jurisdiction may pay toward a TBRA recipient's rent to
the difference between the participating jurisdiction's rent
standard for the unit size and 30 percent of the family's monthly
adjusted income. Section 92.209(i) requires that units occupied by
TBRA recipients meet the housing quality standards established in 24
CFR 982.401.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2024.
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 areas or the
State participating jurisdiction of the declared-disaster areas
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 PJ, for a period of 24 months after the date the
participating jurisdiction notifies HUD of its intent to use this
waiver. The other requirements in 24 CFR 92.209(e) are not waived.
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 the date the participating jurisdiction
notifies HUD of its intent to use this waiver. 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 the date the participating jurisdiction notifies HUD of its
intent to use this waiver. Units must meet any applicable State and
local health and safety codes and requirements. The lead safe
housing requirements of 24 CFR part 35, subpart M, made applicable
to units leased by recipients of HOME TBRA by the HOME regulation at
24 CFR 92.355, are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.222(b)(1).
Project/Activity: Projects located in the declared-disaster
areas (DR-4776-OK, DR-4778-NE, DR-4781-TX, DR-4783-WV, DR-4784-IA,
DR-4786-NE, DR-4787-WV, DR-4785-ME, DR-4788-AR, DR-4789-ID, DR-4791-
OK, DR-4794-FL, DR-4792-TN, DR-4793-HI, DR-4795-NM, DR-4796-IA).
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.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2024.
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, 2023, through September 30, 2025. The waiver also
applies to State-funded HOME projects located in declared-disaster
areas.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of

[[Page 14151]]

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 (DR-4776-OK, DR-4778-NE, DR-4781-TX, DR-4783-WV, DR-4784-IA,
DR-4786-NE, DR-4787-WV, DR-4785-ME, DR-4788-AR, DR-4789-ID, DR-4791-
OK, DR-4794-FL, DR-4792-TN, DR-4793-HI, DR-4795-NM, DR-4796-IA).
Nature of Requirement: This provision requires that housing
assisted with HOME funds meet property standards based on the
activity undertaken, i.e., acquisition of housing including through
homebuyer assistance, and state and local standards and codes or
model codes for rehabilitation and new construction. Property
standard requirements are waived for repair of properties damaged by
the disaster.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2024.
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 the date
the participation jurisdiction notifies HUD of its intent to use
this waiver. Units must meet State and local health and safety
codes. The lead housing safety regulations established in 24 CFR
part 35 are not waived. Also, accessibility requirements at 24 CFR
92.251(a)(2)(i) are not waived.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The State of California and Kern County,
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 Girasol Project (California) and Pioneer Cottages
(Kern County, California), 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: July 1, 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 and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulations: 24 CFR 92.252(e) and 24 CFR 92.254(a)(4).
Project/Activity: The State of Hawaii requested a waiver of 24
CFR 92.252(e) and 24 CFR 92.254(a)(4) to allow the State to reduce
the periods of affordability of the West Maui Resource Center and
the Kahoma Residential Subdivision, two HOME projects that were
destroyed in a wildfire, to each property's useful life.
Nature of Requirement: These provisions require that HOME-
assisted units meet the affordability requirements for not less than
the applicable period specified in the regulations, beginning after
project completion.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2024.
Reason Waived: HUD's approval of the State's request for waivers
of 24 CFR 92.252(e) and 24 CFR 92.254(a)(4) will eliminate the need
for the State to repay its HOME account in an amount equal to its
HOME investment in the destroyed projects, thereby enabling the
State to retain its resources to address the urgent housing needs
caused by the disaster.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(a).
Project/Activity: The Commonwealth of Puerto Rico requested a
waiver of 24 CFR 92.252(a) to permit it to immediately implement
HUD's determination that the HOME rent limits do not apply to
payments provided under a Federal or State rental assistance or
subsidy program for the Santa Juanita Elderly project.
Nature of Requirement: In order to qualify as affordable
housing, the HOME-assisted rental units must be occupied by
households that are eligible as low-income families who pay a rent
that does not exceed the limits at 24 CFR 92.252(a). This regulation
restricts the rent limits (the amount of rent plus utilities) that
apply to HOME-assisted units in rental projects. Nevertheless, the
Housing and Economic Recovery Act of 2008 (HERA) brought significant
reforms to HUD's Section 8 Tenant-Based Voucher and Project-Based
Voucher programs by amending the U.S. Housing Act of 1937. One of
the changes required by section 2835(a)(2) of HERA added section
8(o)(10)(F) to the 1937 Act (42 U.S.C. 1437f(o)(10)(F)) which
streamlined the procedure for determining the rent reasonableness
standard for assistance under the Section 8 Tenant-Based Voucher
program in units receiving LIHTC or HOME funds. Under this
procedure, LIHTC and HOME rents used at a property are not to be
used for the rents that the Section 8 Housing Choice Voucher (HCV)
administrator will pay for a LIHTC or HOME unit. However, the HERA
Final Rule did not fully implement the streamlined process for HOME-
assisted units. To align with HERA, HUD determined that the HOME
rent limits specified in 24 CFR 92.252(a) do not apply to payments
provided under a Federal or State rental assistance or subsidy
program and included required revisions to apply this determination
in the proposed HOME rule.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 23, 2024.
Reason Waived: HUD made a statutory determination that HERA
requires the revisions in the proposed rule which would permit an
owner to receive the rent determined under a Federal or State rental
assistance or subsidy program even if the rent under the program
exceeds the HOME rent limits. This waiver would facilitate the
development of affordable housing in the Commonwealth by foregoing
the need to await the publication of the HOME Final Rule and
allowing the Commonwealth to commit HOME funds promptly to a project
with a Section 8 HAP contract. When addressing over-income tenants
in the Santa Juanita Elderly project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.103(b)(3).
Project/Activity: The City of Bowling Green, Kentucky requested
a waiver of 24 CFR 92.103(b)(3) to allow additional time for its
Board of Commissioners (BOC) to budget and approve the balance of
funding needed to become a participating jurisdiction.
Nature of Requirement: This regulation applies to a unit of
general local government that intends to become a participating
jurisdiction and qualified for a formula allocation of less than
$500,000 in fiscal years in which Congress appropriates less than
$1.5 billion for the HOME program. In such cases, this provision
requires that the unit of general local government must submit, with
its notice of intent, evidence that it has met the threshold
allocation requirements of 24 CFR 92.102(b) including a letter from
its chief executive officer indicating that the required funds have
been approved and budgeted.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 28, 2024.
Reason Waived: The Department has determined that a waiver is
justified based on the need for the City's BOC to budget and approve
the balance of funds needed to meet

[[Page 14152]]

the HOME participation threshold of $500,000. This waiver will
ensure that the City has enough time to budget and approve the
funding, so that it may become a HOME participating jurisdiction.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.103(b)(3).
Project/Activity: The City of Cape Coral, Florida requested a
waiver of 24 CFR 92.103(b)(3) to allow additional time for it to
budget and approve the balance of funding needed to meet the
participation threshold to become a participating jurisdiction.
Nature of Requirement: This regulation applies to a unit of
general local government that intends to become a participating
jurisdiction and qualified for a formula allocation of less than
$500,000 in fiscal years in which Congress appropriates less than
$1.5 billion for the HOME program. In such cases, this provision
requires that the unit of general local government must submit, with
its notice of intent, evidence that it has met the threshold
allocation requirements of 24 CFR 92.102(b) including a letter from
its chief executive officer indicating that the required funds have
been budgeted and approved.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 28, 2024.
Reason Waived: The Department has determined that a waiver is
justified based on the need for the City Council to budget and
approve the balance of funds needed to meet the HOME participation
threshold of $500,000. This waiver will ensure that the City has
enough time to budget and approve the funding, so that it may become
a participating jurisdiction.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.103(b)(3).
Project/Activity: The City of Homestead, Florida requested a
waiver of 24 CFR 92.103(b)(3) to allow additional time for it to
budget and approve the balance of funding needed to meet the
participation threshold to become a participating jurisdiction.
Nature of Requirement: This regulation applies to a unit of
general local government that intends to become a participating
jurisdiction and has qualified for a formula allocation of less than
$500,000 in fiscal years in which Congress appropriates less than
$1.5 billion for the HOME program. In such cases, this provision
requires that the unit of general local government must submit, with
its notice of intent, evidence that it has met the threshold
allocation requirements of 24 CFR 92.102(b) including a letter from
its chief executive officer indicating that the required funds have
been budgeted and approved.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 28, 2024.
Reason Waived: The Department has determined that a waiver is
justified based on the need for the City Council to budget and
approve the balance of funds needed to meet the HOME participation
threshold of $500,000. This waiver will ensure that the City has
enough time to budget and approve the funding, so that it may become
a participating jurisdiction.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.103(b)(3).
Project/Activity: The City of Madera, California requested a
waiver of 24 CFR 92.103(b)(3) to allow additional time for it to
budget and approve the balance of funding needed to meet the
participation threshold to become a participating jurisdiction.
Nature of Requirement: This regulation applies to a unit of
general local government that intends to become a participating
jurisdiction and qualified for a formula allocation of less than
$500,000 in fiscal years in which Congress appropriates less than
$1.5 billion for the HOME program. In such cases, this provision
requires that the unit of general local government must submit, with
its notice of intent, evidence that it has met the threshold
allocation requirements of 24 CFR 92.102(b) including a letter from
its chief executive officer indicating that the required funds have
been budgeted and approved.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 28, 2024.
Reason Waived: The Department has determined that a waiver is
justified based on the need for the City Council to budget and
approve the balance of funds needed to meet the HOME participation
threshold of $500,000. This waiver will allow HUD to accept the
City's August 7, 2024, resolution as evidence of compliance with the
threshold allocation requirements at 24 CFR 92.102(b), so that the
City may become a HOME participating jurisdiction.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: Contra Costa County, California and Santa
Rosa, 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 Chesley Mutual Housing (Contra Costa
County, California) and Laurel at Perennial Park Phase II (Santa
Rosa, California), 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: August 28, 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 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: The City of Santa Rosa, California 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
Burbank Avenue Apartments, a HOME-assisted rental 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: August 28, 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 and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

Reimbursement Extension Waiver and Alternative Requirement

<bullet> Regulation: Section III.F.5 (Reimbursement of pre-
application costs of homeowners, renters, businesses, and other
qualifying entities) of the Community

[[Page 14153]]

Development Block Grant disaster recovery (CDBG-DR) Consolidated
Notice published in the Federal Register on May 18, 2023 at 88 FR
32046 (the ``May 2023 notice'').
Project/Activity: CDBG-DR funds allocated to Sarasota County,
Florida and Volusia County, Florida pursuant to the Department of
Housing and Urban Development Appropriations Act, 2023 (Pub. L. 117-
328, Division L, Title II) approved December 29, 2022 (the
``Appropriations Act'') for major disasters occurring in 2022.
Nature of Requirement: The May 2023 notice published in the
Federal Register included the Consolidated Notice as Appendix B and
made the Consolidated Notice applicable to the CDBG-DR allocations
identified in that notice. Specifically, paragraph III.F.5 of the
Consolidated Notice (as modified and made applicable by paragraph
IV.B.1 (Reimbursement Requirements for Grants Under the
Appropriations Acts) in the May 2023 notice) permits grantees to
charge to grants the pre-award and pre-application costs of
homeowners, renters, businesses, and other qualifying entities for
eligible costs these applicants have incurred in response to an
eligible disaster covered under the grantee's applicable Federal
Register notice. In addition to other requirements, paragraph
III.F.5 as modified by paragraph IV.B.1 stipulates that grantees may
charge to the grant the eligible pre-application costs of
individuals and private entities related to single family,
multifamily, and nonresidential buildings, only if (1) the person or
private entity incurred the expenses within one year after the
applicability date of the notice that announced the initial
allocation of CDBG-DR funds (or within one year after the date of
the disaster, whichever is later).; and (2) the person or entity
pays for the cost before the date on which the person or entity
applies for CDBG-DR assistance. The Department received a request
and justification from Sarasota County, Florida and Volusia County,
Florida to extend the May 23, 2024 deadline to May 23, 2025 for
eligible pre-application costs.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary.
Date Granted: August 8, 2024.
Reason Waived: After reviewing each grantee's request, the
Department determined there was good cause to modify the alternative
requirement in III.F.5(1) as established in paragraph IV.B.1 of the
May 2023 notice to change the May 23, 2024 deadline to May 23, 2025
for funds provided to Sarasota County, Florida and Volusia County,
Florida under the Appropriations Act. The waiver and alternative
requirement will allow Sarasota County, Florida and Volusia County,
Florida to provide increased accessibility to additional homeowners
who have made or will make repairs to their homes, prior to
participating in each of the grantees' homeowner reimbursement
programs. Due to the significant impacts of the disaster, extended
litigation with insurance carriers, and the limited availability of
contractors and materials, many homeowners are only now beginning to
make repairs as resources become available in the area. Extending
the reimbursement deadline will support the recovery process by
allowing more low- and moderate-income households to apply for
reimbursement of all pre-application costs for 2022 disasters.
Applicability: This waiver is applicable to the CDBG-DR funds
awarded for major disasters occurring in 2022 under the
Appropriations Act for Sarasota County, Florida and Volusia County,
Florida only. The counties may reimburse persons or private entities
for disaster related costs incurred until May 23, 2025, for
reimbursement programs funded under the Appropriations Act. For any
applicant that submits an application prior to the reimbursement
deadline of May 23, 2025, the eligible reimbursement period would be
from the date of the qualified disaster to the date of the
application for each applicant. This waiver and alternative
requirement shall expire on May 23, 2025. When reimbursing eligible
pre-award and pre-application costs of homeowners, renters,
businesses, and other qualifying entities, the counties are reminded
to follow all other requirements described in paragraph III.F.5 of
the Consolidated Notice, as modified by IV.B.1 of the May 2023
Notice.
Contact: Tennille S. Parker, Director, Office of Disaster
Recovery, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 708-3587.

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: Temporary Waiver of 24 CFR 202.5(n)(3), Net
Worth.
Project/Activity: Temporary Waiver of 24 CFR 202.5(n)(3) Net
Worth, for Hope Federal Credit Union (HFCU). This waiver applies to
HFCU's Fiscal Years 2022 and 2023 net worth.
Nature of Requirement: Temporary Waiver of the 24 CFR
202.5(n)(3) requirement that ``Irrespective of size, each applicant
and each approved lender or mortgagee, for participation solely
under the FHA single family programs, shall have a net worth of not
less than $1 million, plus an additional net worth of one percent of
the total volume in excess of $25 million of FHA single family
insured mortgages originated, underwritten, purchased, or serviced
during the prior fiscal year, up to a maximum required net worth of
$2.5 million. No less than 20 percent of the applicant's or approved
lender or mortgagee's required net worth must be liquid assets
consisting of cash or its equivalent acceptable to the Secretary.''
HFCU, a low-income credit union (LICU), maintained its status as a
``Well Capitalized Credit Union'' pursuant to National Credit Union
Administration (NCUA) regulations for Fiscal Years 2022 and 2023 and
would have met HUD's net worth standard with the inclusion of
secondary capital sources allowed by NCUA as regulatory capital.
Granted by: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 17, 2024.
Reason Waived: Pursuant to the authority contained in 24 CFR
5.110, the above findings constitute good cause for granting the
waiver of 24 CFR 202.5(n)(3) for Fiscal Years 2022 and 2023. HFCU
would have met HUD's net worth standard for Fiscal Years 2022 and
2023 with the inclusion of secondary capital sources, and in
furtherance of alignment with NCUA and the purposes of ECIP.
Contact: Glenn Dumont, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, Jacksonville, FL office, email:
<a href="/cdn-cgi/l/email-protection#aacdc6cfc4c484cedfc7c5c4deeac2dfce84cdc5dc">[email&#160;protected]</a>, telephone (202) 402-3725.

<bullet> Regulation: 24 CFR 203.18(e)(3) Maximum Mortgage
Amounts, Disaster Victims.
Project/Activity: Temporary Partial Waiver of 24 CFR
203.18(e)(3) Maximum Mortgage Amounts, Disaster Victims.
Nature of Requirement: This partial waiver is limited to certain
language in Sec. 203.18(e)(3) Maximum Mortgage Amounts, Disaster
Victims, for the Hawaii Wildfires Presidentially Declared Major
Disaster Area. On August 10, 2023, a Presidentially Declared Major
Disaster Area was declared for Maui County, Hawaii (DR-4724-HI). For
individuals whose homes were destroyed in the disaster area, FHA
offers mortgage insurance on 100 percent financing for the purchase
of a new home or reconstruction of an existing home under FHA's
203(h) Mortgage Insurance for Disaster Victims Program. The 203(h)
program requirements under 24 CFR 203.18(e)(3) state that, ``The
application for insurance [must be] filed within one year from the
date of such presidential determination, or within such additional
period of time as the period of federal assistance with respect to
such disaster may be extended''. As it stands, the federal
assistance period has passed under DR-4724-HI, and disaster victims
seeking 203(h) mortgages are only eligible for FHA insurance if the
application for insurance is filed prior to August 10, 2024 as per
the requirements under 24 CFR 203.18(e)(3).
Granted by: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 9, 2024.
Reason Waived: Due to the extent of the devastation from the
wildfires and the unique geographic location of Maui, making
recovery more difficult, HUD has decided to temporarily waive the
one-year requirement under 24 CFR 203.18(e)(3) so that applications
for FHA mortgage insurance for the 203(h) program may continue to be
filed for an additional year through August 10, 2025, pursuant to
this waiver. By providing the waiver, which will enable 203(h)
financing in Maui for an additional period of time, HUD aims to
ensure that eligible borrowers will continue to have the opportunity
to obtain FHA-insured financing for the purchase or reconstruction
of a Single Family property, promoting stability and resilience in
the wake of the Hawaii Wildfires disaster.
Contact: Karina Batkalin, Senior Single Family Housing Advisor,
Office of Single

[[Page 14154]]

Family Program Development, Office of Housing, Department of Housing
and Urban Development, Denver, CO office, email:
<a href="/cdn-cgi/l/email-protection#b2d9d3c0dbdcd39cd39cd0d3c6d9d3dedbdcf2dac7d69cd5ddc4">[email&#160;protected]</a>, telephone 1(800) 225-5342.

<bullet> Regulation: 24 CFR 242.1.
Project/Activity: The Health Care Authority of the City of
Anniston, FHA# 061-22231.
Nature of Requirement: 24 CFR 242.1 requires that debt
refinanced with proceeds from a Section 223(f)/242 loan meet HUD's
definition of Capital Debt.
Granted by: Julia Gordon, Assistant Secretary for Housing,
Federal Housing Commissioner.
Date Granted: July 19, 2024.
Reason Waived: Through its Lender, The Health Care Authority of
the City of Anniston (the Authority), located in Anniston, Alabama,
applied for Section 223(f)/242 mortgage insurance, to refinance
debt. The hospital proposed refinancing several debt issuances with
the HUD-insured loan. One small component of one issuance did not
meet HUD's definition of Capital Debt, because that component was
used for operating expenses. Another small component of one issuance
was not eligible to be refinanced with a HUD-insured loan, because
the hospital was unable to grant the HUD-insured Lender a first lien
on all of the assets originally purchased with that debt. To meet
HUD's definition of Capital Debt (a Regulatory requirement unique to
HUD's Hospital Mortgage Insurance Program), capital assets must have
been purchased with the debt-to-be-refinanced, and those capital
assets must be pledged to the HUD-insured Lender upon loan closing.
A Regulatory Waiver 24 CFR Sec. 242.1 was required to close the
HUD-insured loan.
The waiver is necessary and appropriate in this case, as a large
majority of the debt-to-be-refinanced met HUD's definition of
Capital Debt. Overall, the amount of ineligible debt is small
compared to the size of the Authority. Further, supporting the
Authority with a Section 223(f) refinancing meets the mission of the
program to provide affordable refinancing opportunities to hospitals
that have difficulty obtaining cost-effective financing options from
other sources.
Contact: Paul Giaudrone, Underwriting Director, Office of
Hospital Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW, Washington, DC 20410, telephone: 202-402-5684.

<bullet> Regulation: 24 CFR 3282.14(b), Request for Alternative
Construction, 1/12/21, and 24 CFR 3282.8(l), Multifamily Homes, 9/
16/24.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter (AC Letter) for the production of
multi-dwelling unit manufactured homes built before March 17, 2025,
the effective date of HUD's latest final rule amending the
Manufactured Home Construction and Safety Standards.
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes. 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.'' Until the effective date of the final rule on March
17, 2025, manufactured home producers were not able to build and
ship multi-dwelling unit manufactured homes.
Multi-dwelling-unit manufactured home designs, without a waiver
of regulations 24 CFR 3282.14(b) and 3282.8(l), could not be
approved for design and construction because the homes would have
more than one separate living area. The Industry-Wide AC letter,
published on September 11, 2024, provided the terms and conditions
for interested manufacturers to gain approval of a multi-dwelling-
unit manufactured home designs immediately.
Granted by: Julia Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 5, 2024.
Reason Waived: Multi-dwelling unit manufactured homes provide
much needed affordable housing, helping to combat America's
affordable housing crisis. As an interim solution, HUD's Office of
Manufactured Housing Programs (OMHP) published an industry-wide AC
letter on September 11, 2024, to provide the terms and conditions
for interested manufacturers to build multi-dwelling-unit
manufactured homes immediately. To implement this solution, OMHP was
granted a regulatory waiver of 24 CFR 3282.14(b), Request for
Alternative Construction, and 24 CFR 3282.8(l), Multifamily Homes.
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#481c2d3a2d3b29660466182931262d08203d2c662f273e">[email&#160;protected]</a>.

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

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

<bullet> Regulation: 24 CFR 982.201(e) and 983.251(a)(2).
Nature of Requirement: The regulations pertain to the
verification of one's date of birth, income, and disability status
within the HCV and PBV programs.
Project/Activity: City of Glens Falls Housing Authority (GFHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 2, 2024.
Reason Waived: GHA has provided the following justifications in
seeking these waivers:
[cir] These waivers would allow easier access to the people
experiencing homelessness to utilize affordable housing options.
[cir] The waiting list for the GFHA's HCV program when it opened
in March of 2024 received 489 applicants in 5 days, of which 127 met
the definition of homeless and they were given a preference on the
GFHA's waitlist. This is over 25 percent of the GFHA's applicants.
[cir] The 2024 annual Point in Time (PIT) count data for the
GFHA's Continuum of Care (CoC) area was 529, a rise of nearly 60
percent (59.3 percent) from 2023's PIT count of 332.
[cir] This population experiences great difficulty obtaining
necessary documents like birth certificate, social security cards,
and income verification due to various hurdles such as cost to
obtain, lack of public transportation, lack of available social
workers or case workers in the community to assist them with
obtaining documentation.
[cir] Getting this documentation takes people experiencing
homelessness a significant amount of time, up to several months, due
to the same hurdles listed above, and is the main barrier for this
population to access the GFHA's HCV program.
[cir] The people experiencing homelessness will continue to
battle with the hurdles listed above.
[cir] The GFHA's leasing success will decline.
[cir] The area's homeless population may continue to grow.
HUD has found these reasons to be good cause and has granted the
aforementioned waivers.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#1b5374767e777e68684c7a726d7e69685b736e7f357c746d">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 983.301(f)(4).
Nature of Requirement: HUD may establish a process allowing
public housing agencies (PHAs) to adopt project-specific utility
allowances.
Project/Activity: Fairfax County Redevelopment and Housing
Authority (FCRHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 5, 2024.
Reason Waived: FCRHA has indicated that the waiver will promote
utility conservation and efficient use of HAP funding. The amount of
the utility allowance directly impacts the amount of the HAP; a
higher utility allowance results in a higher gross rent, which
results in a higher HAP. A utility allowance that more closely
matches actual consumption encourages conservative use of utilities
and avoids excessive utility allowances. HUD finds this to be good
cause and has granted the aforementioned waivers.
Contact: Jerone Anderson, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Washington, DC 20410, email: <a href="/cdn-cgi/l/email-protection#eca6899e838289c280c28d8288899e9f8382ac849988c28b839a">[email&#160;protected]</a>, telephone
(202) 402-6709.

[[Page 14155]]

Project/Activity: Housing Authority of Salt Lake City's (HASLC).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 24, 2024.
Reason Waived: HASLC provided the following justification for
these waivers: A significant population in the jurisdiction is
experiencing homelessness with the 2023 Point-in-Time count for Salt
Lake County reporting an increase over the previous year.
[cir] In 2022, there were a total of 2,095 individuals in Salt
Lake County (281 unsheltered and 1,814 sheltered homeless
individuals).
[cir] In 2023, that number increased to 2,297 (435 unsheltered
and 1,862 sheltered).
[cir] In the 2023 Point-in-Time count, Salt Lake County saw a
21% increase in the number of individuals experiencing chronic
homelessness when compared to 2022 (753 in 2023 compared to 567 in
2022).
[cir] The HASLC administers 99 emergency housing vouchers
(EHVs), over 100 project-based vouchers with a homeless requirement,
and over 200 HUD-VASH vouchers. Homeless families also apply through
HASLC's other programs. Approximately 24 percent of applicants on
the regular, tenant-based HCV waitlist report being in shelter or
living on the street. Another 50 percent of applicants report being
at risk of losing their current housing. The HASLC has found that
applicants experiencing homelessness take longer to complete the
verification process, as many do not have the documentation needed
for verification readily available. The waivers available with the
EHV program have been very helpful in expediting the timeframe to
get homeless families housed.
[cir] When disability status verification is required, there can
be significant delays for applicants experiencing homelessness.
These delays include obtaining a Social Security Disability
Insurance letter if lost/misplaced, lack of transportation,
communication (can be especially difficult for unhoused families),
and changes of the applicant's phone number without notifying the
HASLC. The timeframes vary for obtaining the verification. As an
example, the SSDI letter can take two weeks to receive, however the
timeline can be longer if the family is no longer in the shelter, or
the address provided to the Social Security Administration has
changed. Most homeless families do not have an online account to
request the letter online. Many homeless individuals have a
disability that may require assistance in obtaining the
documentation. Lack of transportation to the HASLC's office to
provide the letter (or lack of access to email or cost to mail) can
add to the delays as well.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#aae2c5c7cfc6cfd9d9fdcbc3dccfd8d9eac2dfce84cdc5dc">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.201(e) and 983.251(a)(2).
Nature of Requirement: These regulations pertain to the
verification of date of birth, income, and disability status, as
well as the eligibility determination, for the HCV and PBV programs.
Project/Activity: Housing Authority of the City of Los Angeles
(HACLA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 31, 2024.
Reason Waived: HACLA provided the following justification for
these waivers: On July 18, 2023, HUD approved HACLA's regulatory
waiver request which allowed for self-certification of date of birth
and disability status for people experiencing homelessness at
admission. Subsequently, on August 17, 2023, the Department approved
a regulatory waiver allowing self-certification of income
verification for people experiencing homelessness at admission.
These waivers were set to expire August 17, 2024. The HACLA asserted
that the implementation of these waivers has resulted in the
following:
[cir] As of June 30, 2024, these waivers have been used to
expedite housing assistance for 1,075 families.
[cir] 46 percent of new admissions for HCV and PBV families
experiencing homelessness benefited by removing or reducing
programmatic, regulatory, and other barriers that systematically
delay or deny access to housing for households with the highest
need.
[cir] Results of the 2024 point-in-time homeless count released
Friday, June 28, 2024, show a 2.2 percent drop in the population of
unhoused people living in the city of Los Angeles, from 46,260 in
2023 to 45,252. It is noteworthy considering that the 2023 figure
was up 10 percent from 41,980 in 2022.
The 2024 Greater Los Angeles Homeless Count for the City of Los
Angeles reports the following:
[cir] 45,252 people experiencing homelessness (12,977 sheltered
and 29,275 unsheltered).
[cir] 40,507 households experiencing homelessness (12,295
sheltered and 28,112 unsheltered).
Of these households, 1704 sheltered and 514 unsheltered
households have at least one child under the age of 18 years old.
[cir] 18,936 are chronically homeless, which is defined as a
household with any member who has a long-term disabling condition
and has been homeless for 12 months or more within the past 3 years
as specified by HUD.
On December 12, 2022, the Mayor of the City of Los Angeles
declared a state of emergency on homelessness. There are more than
4,000 HCV and PBV units available within the HACLA's allocation for
individuals and families experiencing homelessness within the City
of Los Angeles that will benefit from the Department's approval of
alternative requirements that the HACLA can implement to respond to
the homelessness emergency declaration. Approval of these waivers to
expedite and facilitate the leasing process of individuals
experiencing homelessness during the City of Los Angeles homeless
declaration will assist the HACLA on setting a path to end
homelessness in line with United States Interagency Council on
Homelessness' (USICH) strategic plan. HUD finds this to be good
cause and has granted the aforementioned waivers.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#6d2502000801081e1e3a0c041b081f1e2d051809430a021b">[email&#160;protected]</a>.

[[Page 14156]]

County Point in Time Count, there are 75,312 homeless individuals in
Los Angeles County. Of the 75,312 homeless individuals, 22,947 are
sheltered and 52,365 are unsheltered.
[cir] The Mayor of the City of Los Angeles and the Los Angeles
County Board of Supervisors both proclaimed states of emergency on
homelessness for their jurisdictions to expand the availability of
resources and accelerate the process of transitioning persons
experiencing homelessness into safe and stable housing.
[cir] According to a study conducted by the U.S. Government
Accountability Office in February 2024, ``homeless individuals often
lack a reliably safe place to store identification cards and other
important personal documents, making these items subject to loss,
destruction by the elements, and theft.'' A recent Supreme Court
ruling regarding homeless encampments has motivated the Governor of
California to issue an Executive 2 Order (N-1-24), which orders
state agencies to remove homeless encampments from public property.
As a result, Los Angeles County is under pressure to swiftly address
and remove the homeless encampments across the county. The LACDA
respectfully requests these waivers in anticipation of sweeping
removals of the homeless encampments when local law enforcement or
sanitary departments remove these homeless individuals and their
belongings from an area. Further, the safe removal of homeless
encampments located along freeways is expected to drive many
unsheltered individuals into the county area. Once documents are
lost, replacing them can be especially difficult as they are often
coupled with long wait times or can be financially burdensome.
[cir] The LACDA's case managers found that during the Emergency
Housing Voucher (EHV) eligibility determination, the self-
certification of income flexibility provided relief to families and
individuals experiencing homelessness since many were alleviated of
the barrier to providing current and consecutive computer-generated
documentation. The self-certification of income flexibility through
the EHV program permitted the LACDA to render program eligibility
decisions within an average of 90-days, whereas, under normal HCV
program rules and operations, program eligibility decisions are
determined more than 90-days. The requested flexibilities related to
the self-certification of income for individuals experiencing
homelessness would assist LACDA in expediting HCV rental assistance
eligibility.
<bullet> For the PBV Program, the average time for processing
applications for a homeless applicant is up to 60 days from the date
the PBV program staff receive the application. Non-homeless families
with no social barriers range from 21 to 30 days.
HUD finds this to be good cause and has granted the
aforementioned waivers.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#60280f0d050c05131337010916051213200815044e070f16">[email&#160;protected]</a>.

<bullet> Regulation: 24 CFR 982.201(e) and 983.251(a)(2), 24 CFR
960.259(a), (a)(1), (a)(2), (c) and (c)(1).
Nature of Requirement: These regulations pertain to the
verification of date of birth, income, and disability status, as
well as the eligibility determination, for the HCV, PBV, and PH
programs.
Project/Activity: Louisville Metro Housing Authority (LMHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 17, 2024.
Reason Waived: LMHA's justification of the need for the waivers
is as follows:
[cir] The state of Kentucky and Jefferson County have a
substantial population of individuals experiencing homelessness
within the PHA's jurisdiction. Over the past decade, Kentucky has
witnessed a 30 percent increase in homelessness, as indicated by the
Pointin-Time count. Jefferson County, the largest county in the
state, has experienced a 40 percent increase in homelessness over
the last five years.
[cir] The current requirement for documents such as an unexpired
photo identification cards or birth certificates as proof of age
presents time and cost barriers due to the need for multiple
verification documents, which can take approximately 30 days and up
to $30 to obtain.
[cir] Transit Authority of River City, Louisville Metro/
Jefferson County's public transportation system, plans to reduce
routes and services by 2025, further limiting access to community
partners and necessary services for homeless populations.
[cir] Community partners are struggling with caseloads 75
percent greater than ideal due to outdated budgets. Homelessness in
Kentucky has increased by 30 percent statewide and 2 40 percent in
Jefferson County over recent years, and the number of professional
case workers to assist persons experiencing homelessness is limited.
[cir] Approval of the requested waivers will allow the LMHA to
reduce wait times and provide housing sooner, offering more reliable
and healthy living environments.
[cir] With this waiver approval, individuals can begin the
housing process while awaiting final identification documents,
reducing delays.
[cir] Approval can reduce barriers at the identification and
verification level, easing intake processing and alleviating some
burden on community partners.
HUD finds this to be good cause and has granted the
aforementioned waivers.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#226a4d4f474e47515175434b54475051624a57460c454d54">[email&#160;protected]</a>.
<bullet> Regulation: 24 CFR 982.201(e) and 983.251(a)(2), 24 CFR
960.259(a), (a)(1), (a)(2), (c) and (c)(1).
Nature of Requirement: These regulations pertain to the
verification of date of birth, income, and disability status, as
well as the eligibility determination, for the HCV, PBV, and PH
programs.
Project/Activity: Lakeland Housing Authority (LHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 17, 2024.
Reason Waived: LHA's justification of the need for the waivers
is as follows:
[cir] The 2024 Point-in-Time count for Polk County shows a
significant population in the jurisdiction is experiencing
homelessness. The data shows there are 921 households who are
considered homeless. There is a total of 1,300 people experiencing
homelessness in the area. This is comprised of 339 people who are
under 18 years old and 93 people who are 65 years of age or older.
The LHA's jurisdiction has 230 households in emergency status, which
is about 25 percent of the total amount of households experiencing
homelessness.
[cir] The LHA offers the homeless preference on the waiting
list. Due to the PHA's expedited processing for the homeless
preference, the LHA can start the eligibility process within 3-5
days versus the average 15-day timeframe for other applicants.
However, a barrier to progressing further exists once an applicant
experiencing homelessness is selected from the waiting list as they
have trouble providing required documents, because the documents may
have been stolen while in a shelter or lost while moving from place
to place.
[cir] The percentage of applicants experiencing homelessness
that do not have income or other documentation is over 50 percent.
In some cases, applicants may need identification 2 cards and other
forms of documentation and may not have the money to obtain their
supporting documents. Lack of income and transportation are other
major barriers. Emergency Housing Voucher participants have access
to public transportation, but many do not have personal
transportation that may be necessary to access documentation.
[cir] The LHA has a Continuum of Care Program with the Homeless
Coalition of Polk County. Due to the challenges the community faces
such as the lack of affordable housing, obtaining such housing with
a history of evictions, poor credit, and/or criminal records is
nearly impossible. However, with the flexibilities the waivers
offer, the LHA believes the community will thrive in helping people
experiencing homelessness with less burden.
HUD finds this to be good cause and has granted the
aforementioned waivers.
Contact: Waiver Processing Team at <a href="/cdn-cgi/l/email-protection#a0e8cfcdc5ccc5d3d3f7c1c9d6c5d2d3e0c8d5c48ec7cfd6">[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. 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: Bucks County Housing Authority (BCHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: July 15, 2024.
Reason Waived: BCHA has provided good cause stating the waiver
will promote utility conservation and efficient use of HAP funding,
thereby providing a utility allowance that more closely matches the
actual consumption for the Lighthouse Norton Ave property and
encourages conservative use of utilities. HUD finds this to be good
cause and has granted the aforementioned waiver.

[[Page 14157]]

Contact: Jerone L. Anderson, Housing Programs Specialist,
Housing Voucher Management and Operations Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Room 6128, Washington DC; email
<a href="/cdn-cgi/l/email-protection#94def1e6fbfaf1baf8baf5faf0f1e6e7fbfad4fce1f0baf3fbe2">[email&#160;protected]</a> or telephone (202) 402-6709.

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, 451
Seventh St. SW, Suite 3180, Washington, DC 20410-5000, or email to
<a href="/cdn-cgi/l/email-protection#702039382f3508001514190415142f27111906150203301805145e171f06">[email&#160;protected]</a>.

------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
MO030............................. Lee's Summit Housing 7/11/2024
Authority.
------------------------------------------------------------------------

<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: 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 451
Seventh St SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#613128293e2419110405081504053e36000817041312210914054f060e17">[email&#160;protected]</a>.

------------------------------------------------------------------------
Code PHAs Waiver Signed
------------------------------------------------------------------------
AZ028............................. Chandler Housing 2/9/2024
Authority.
------------------------------------------------------------------------

[FR Doc. 2025-05332 Filed 3-27-25; 8:45 am]
BILLING CODE 4210-67-P

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