Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2024
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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 November 1, 2024, and ending on December 31, 2024.
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38484-38499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15123]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6460-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
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 November 1, 2024, and ending on December 31, 2024.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Amanda Wahlig, Acting Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-402-3743 (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 fourth 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.
[[Page 38485]]
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
November 1, 2024 through December 31, 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 fourth quarter of
calendar year 2024) before the next report is published (the first
quarter of calendar year 2025), HUD will include any additional waivers
granted for the fourth quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Scott Knittle,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development November 1, 2024 Through
December 31, 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 92.212(b) and 570.200(h).
Project/Activity: On January 14, 2025, HUD issued CPD Notice 25-
02, implementing procedures to govern the submission and review of
consolidated plans and action plans for FY 2025 funding prior to the
enactment of a FY 2025 HUD appropriations bill. These procedures
apply to any Entitlement, Insular or Hawaii nonentitlement grantee
with a program year start date prior to, or up to 60 days after,
HUD's announcement of the FY 2025 formula program funding
allocations for CDBG, ESG, HOME and HOPWA formula funding. Any
grantee or HOME participating jurisdiction with an FY 2025 program
year start date during the period starting January 1, 2025, and
ending October 1, 2025, or 60 days after HUD announcement of FY 2025
allocation amounts (whichever comes first), is advised not to submit
its consolidated plan/action plan until the FY 2025 formula
allocations have been announced.
Nature of Requirement: The HOME program regulations provide for
situations in which a participating jurisdiction may incur eligible
administrative and planning costs against its HOME grant prior to
the award of its grant from HUD. Likewise, the Entitlement CDBG
program regulations provide for situations in which a grantee may
incur costs against its CDBG grant prior to the award of its grant
from HUD. For HOME, eligible administrative and planning costs may
be incurred as of the beginning of the program year or the date HUD
receives the consolidated plan describing the HOME allocation to
which the costs will be charged, whichever is later. This waiver
permits participating jurisdictions to incur eligible administrative
and planning costs as of the beginning of the program year or the
date HUD receives the consolidated plan describing the HOME
allocation to which the costs will be charged, whichever is earlier.
For CDBG, the effective date of a grantee's grant agreement is
either the grantee's program year start date or the date HUD
receives the grantee's annual action plan, whichever is later. This
waiver allows grantees to treat the effective date of the FY 2025
program year as the grantee's program year start date or the date
HUD receives the grantee's annual action plan, whichever is earlier.
Granted By: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 10, 2024.
Reason Waived: Under the provisions of the Notice, a grantee's
action plan may not be submitted to (and thus received by) HUD until
several months after the grantee's program year start date. Lengthy
delays in the receipt of annual appropriations by HUD, and
implementation of the policy to delay submission of FY 2025 Action
Plans, may have negative consequences for CDBG grantees and HOME
participating jurisdictions that intend to incur eligible costs
prior to the award of FY 2025 funding. Some activities might
otherwise be interrupted while implementing these revised
procedures. In addition, grantees and participating jurisdictions
might not otherwise be able to use CDBG or HOME funds for planning
and administrative costs of administering their programs. In order
to address communities' needs and to ensure that programs can
continue without disturbance, this waiver allows grantees and
participating jurisdictions to incur pre-award costs on a timetable
comparable to that under which grantees have operated in past years.
This waiver is available for use by any applicable CDBG grantee or
HOME participating jurisdiction whose action plan submission is
delayed past the normal submission date because of delayed enactment
of FY 2025 appropriations for the Department. This waiver authority
is only in effect until August 16, 2025, or until superseded by any
rule that may become effective before that date.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7282, Washington, DC 20410, telephone (202) 402-5716.
<bullet> Regulation: 24 CFR 570.703 and 24 CFR 570.707.
Project/Activity: Section 108 Loan Guarantee--Waverly Winds
Nine, Waverly Winds Four, and Ranleagh Court Project for Howard
County, Maryland.
Nature of Requirement: HUD sought to guarantee Section 108 notes
issued by an eligible public entity for the purpose of financing the
acquisition, construction, reconstruction, or installation of public
facilities. However, 24 CFR 570.703 and 570.707 requires eligible
public entities to carry out eligible activities by the recipient
through its employees or procurement contracts, through loans or
grants with
[[Page 38486]]
subrecipients, as defined by 24 CFR 570.500(c), or by one or more
public agencies.
Granted by: Marion McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 6, 2024.
Reason Waived: Waiving these requirements allowed the eligible
public entity to loan the Section 108 guaranteed loan funds to for-
profit tax credit entities as subrecipients to carry out the
eligible public facilities activities. Requiring that the eligible
public entity or nonprofit subrecipients, as defined at 24 CFR
570.500(c), carry out the activities described in the Section 108
application would have reduced the eligible basis for each of the
tax credit transactions, undermining financial feasibility. If the
waiver was not granted, the three tax credit projects would not have
been able to move forward, as each project would not have been able
to obtain sufficient equity investments from the tax credit
investors and still obtain the Section 108 guaranteed loan funds
that were necessary gap financing for each project.
Contact: Seema Thomas, Deputy Director, Financial Management
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street SW, Room 7282,
Washington, DC 20410, telephone: (202) 402-6266.
<bullet> Regulation: 24 CFR 92.300(a)(3).
Project/Activity: The City of Muskegon, Michigan, requested that
HUD waive 24 CFR 92.300(a)(3) to permit a community housing
development organization (CHDO) to transfer ownership of three HOME-
assisted rental projects to a nonprofit organization, Inner City
Christian Federation Community Homes.
Nature of Requirement: This provision requires that rental
housing developed with CHDO set-aside funds under 24 CFR
92.300(a)(3) must be owned by the CHDO during development and for a
period at least equal to the period of affordability in 24 CFR
92.252.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: November 12, 2024.
Reason Waived: The City provided HOME funds to Community
enCompass, a CHDO, to develop three HOME-assisted rental projects.
All three projects remain in their HOME periods of affordability and
are subject to 24 CFR 92.300(a)(3). In December 2023, Community
enCompass permanently ceased operations and can no longer manage or
maintain the three HOME-assisted rental projects as affordable
housing. Without a waiver, the HOME-assisted housing might fall into
disrepair or be lost to foreclosure and the City would be required
to repay the HOME funds invested.
Contact: Peter Huber, Acting 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) 402-3941.
<bullet> Regulation: 24 CFR 93.400(d)(2).
Project/Activity: The District of Columbia requested a waiver of
24 CFR 93.400(d)(2) to extend the expenditure deadline for Fiscal
Year 2019 Housing Trust Fund (HTF) funds which were committed to the
218 Vine Street project but not needed to complete the project, and
to permit the District to commit and expend the funds for the 1109
Congress LIHTC Owner LLC project.
Nature of Requirement: The regulation at 24 CFR 93.400(d)(2)
requires HUD to reduce or recapture any fiscal year grant funds in
the District's HTF Treasury account that were not expended within
five years after the date of HUD's execution of the HTF grant
agreement.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: November 18, 2024.
Reason Waived: The Department determined that a waiver of the
District's FY 2019 HTF expenditure requirement is justified because
of the need to recommit previously committed HTF funds and the
financing delays related to the 1109 Congress LIHTC Owner LLC
project. This waiver ensures that HTF funds are not deobligated and
that the District has sufficient resources to complete the
construction of the 1109 Congress LIHTC Owner LLC project, which
will provide needed affordable rental housing units for extremely
low-income tenants.
Contact: Peter Huber, Acting 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) 402-3941.
<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The State of New Hampshire 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 Whittemore
Place II, a HOME-assisted rental project.
Nature of Requirement: The HOME regulations at 24 CFR
92.252(d)(1) set requirements for participating jurisdictions to
establish utility allowances in HOME-assisted rental projects and do
not include the utility allowance established by the local public
housing agency as an option. This conflicts with the Project Based
Voucher Program regulations, which require use of the public housing
agency's utility allowance.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: November 25, 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 an administrative burden to
require a project owner to establish and implement different utility
allowances for HOME-assisted and non-HOME-assisted units in a
project. A waiver is required to permit the project to receive both
funding sources.
Contact: Peter Huber, Acting 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) 402-3941.
<bullet> Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The cities of Bakersfield and Chico,
California, and Los Angeles and Orange counties, 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 for
the following HOME-assisted projects:
<bullet> Sagewood Apartments (Bakersfield, California)
<bullet> Creekside Place Apartments (Chico, California)
<bullet> Guadalupe Terrace (Los Angeles County, California)
<bullet> Willowbrook Townhomes (Los Angeles County, California)
<bullet> Casa Paloma (Orange County, California)
Nature of Requirement: The HOME regulations at 24 CFR
92.252(d)(1) set requirements for participating jurisdictions to
establish utility allowances in HOME-assisted rental projects and do
not include the utility allowance established by the local public
housing agency as an option. This conflicts with the Project Based
Voucher Program regulations, which require use of the public housing
agency's utility allowance.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 10, 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 an administrative burden to
require a project owner to establish and implement different utility
allowances for HOME-assisted and non-HOME-assisted units in a
project. A waiver is required to permit the project to receive both
funding sources.
Contact: Peter Huber, Acting Director, Office of Affordable
Housing Programs, Office of Community and Planning Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7160, Washington, DC 20410, telephone (202) 402-3941.
<bullet> Regulation: 24 CFR 92.300(a)(3).
Project/Activity: The State of Oklahoma requested that HUD waive
24 CFR 92.300(a)(3) to permit a community housing development
organization (CHDO) to transfer ownership of two HOME-assisted
rental projects to another CHDO.
Nature of Requirement: This provision requires that rental
housing developed with CHDO set-aside funds under 24 CFR
92.300(a)(3) must be owned by the CHDO for a period at least equal
to the period of affordability in 24 CFR 92.252.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 23, 2024.
Reason Waived: The State provided HOME funds to Great Plains
Improvement Foundation (GPIF), a CHDO, to develop two HOME-assisted
rental projects, which are subject to HOME periods of affordability
[[Page 38487]]
until 2036 and 2043, respectively. GPIF is dissolving due to
financial hardship and not able to manage or maintain the HOME-
assisted rental projects after July 15, 2024. In addition, the State
determined that Community Action Development Corporation (CADC), a
CHDO, has the administrative and financial capacity to purchase and
manage the HOME-assisted projects in accordance with 24 CFR part 92.
Without a waiver, the HOME-assisted housing may fall into disrepair,
be lost to foreclosure, or fail to remain as affordable housing
throughout the HOME period of affordability and the State would be
required to repay the HOME funding. As a condition to the waiver,
HUD required that CADC must assume the HOME written agreement and
the State and CADC must record an amended deed restriction in
compliance with 24 CFR 92.252 for the remainder of the HOME periods
of affordability.
Contact: Peter Huber, Acting 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) 402-3941.
[cir] Regulation: 24 CFR 93.400(d)(2).
Project/Activity: The State of New York requested a waiver of 24
CFR 93.400(d)(2) to extend the expenditure deadline for FY 2019
Housing Trust Fund (HTF) grant funds that are committed to the
Highgarden Tower and National Urban League 125th Street projects.
Nature of Requirement: The regulation at 24 CFR 93.400(d)(2)
requires HUD to reduce or recapture any fiscal year grant funds in
the State's HTF Treasury account that are not expended within five
years after the date of HUD's execution of the HTF grant agreement.
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 23, 2024.
Reason Waived: The Department determined that there is
sufficient good cause to grant a waiver of the requirement in 24 CFR
93.400(d)(2) to reduce or recapture the State's FY 2019 funds
committed to the Highgarden Tower and National Urban League 125th
Street projects because unanticipated delays in the permanent
financing conversion process prevented the State from expending all
the HTF funds committed to the projects before the five-year
expenditure deadline. This waiver permits the State to retain funds
committed to the Highgarden Tower and National Urban League 125th
Street projects and prevents the potential loss of affordable units
by extending the expenditure deadline for the State's FY 2019 HTF
funds committed to the projects until June 30, 2025.
Contact: Peter Huber, Acting 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) 402-3941.
<bullet> Regulation: 24 CFR 58.36.
Project/Activity: The Puerto Rico Department of Housing (PRDOH)
requested a waiver for the ReGrow Puerto Rico Program agricultural
activities, funded by Community Development Block Grant--Disaster
Recovery (CDBG-DR), to permit utilization of categorical exclusions
identified by the United States Department of Agriculture (USDA)
Farm Service Agency (USDA-FSA) and adopted by HUD in FR-6492-N-01
pursuant to Section 109 of NEPA.
Nature of Requirement: The ReGrow Puerto Rico Program is subject
to HUD's environmental review regulations at 24 CFR part 58. Since
HUD predominantly supports residential and community development
activity, the proposed agricultural projects supported in the ReGrow
Puerto Rico Program fall outside the listed activities in 24 CFR 58
Subpart D--Environmental Review Process: Documentation, Range of
Activities, Project Aggregation and Classification. As a result,
these projects, many with a minimum potential to impact the
environment, must be evaluated as an Environmental Assessment (EA)
and require additional time and resources to complete compared to
lower levels of environmental reviews like a Categorical Exclusion
(CE). Pursuant to 24 CFR 58.36, Environmental Assessments, ``If a
project is not exempt or categorically excluded under Sec. Sec.
58.34 and 58.35, the responsible entity must prepare an EA . . .''
Granted by: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 23, 2025.
Reason Waived: This temporary waiver issued to the PRDOH will
allow the department to utilize specific CEs identified by the
United States Department of Agriculture, Farm Service Agency (USDA-
FSA), per 7 CFR 799 Subpart D--Categorical Exclusions, and adopted
by HUD in FR-6492-N-01 through the Section 109 process of the
National Environmental Policy Act (NEPA), enacted as part of the
Fiscal Responsibility Act (FRA) of 2023. In total, there are eleven
(11) applicable CEs adopted in FR-6492-N-01 that are consistent with
ReGrow Puerto Rico's CDBG-DR funded program that can be utilized to
document environmental compliance. Approximately 200 of the ReGrow
Puerto Rico applications require an EA level of review under Part 58
but would be classified as one (1) of the eleven (11) adopted USDA-
FSA CEs. These include such activities as minor rehabilitation of
agricultural buildings and structures; fence repairs; installation
of generators; new construction of agricultural structures for
agricultural production and livestock; and farmland management
activities. Through this waiver, PRDOH is permitted to utilize the
adopted CEs listed in FR-6492-N-01, expediting the environmental
reviews process to complete the remaining 100 projects. This will
expedite the agricultural recovery efforts and will preserve the
cost savings to address additional disaster recovery efforts.
Contact: Peter Huber, Acting 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) 402-3941.
<bullet> Regulation: Section IV.D.1 of the Preservation and
Reinvestment Initiative for Community Enhancement (PRICE)
Competition Modification Notice of Funding Opportunity (NOFO).
Project/Activity: HUD waived the application submission deadline
in the Fiscal Years 2023 and 2024 Preservation and Reinvestment
Initiative for Community Enhancement (PRICE) Competition
Modification Notice of Funding Opportunity (NOFO) to allow HUD to
further consider for PRICE awards applications from the following
applicants: Rural Economic Development Division, North Carolina
Department of Commerce; City of Shreveport, Louisiana; State of
Washington; and Tenshi Community Services Corp.
Nature of Requirement: Section IV.D.1 of the PRICE NOFO required
applications to be submitted by 11:59:59 p.m. Eastern time on July
10, 2024. The Department of Housing and Urban Development Act, at 42
U.S.C. 3535(q), permits the Department to waive HUD regulations.
including a NOFO published in the Federal Register, such as the
PRICE NOFO, so long as the waiver is in writing and specifies the
grounds for granting the waiver.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: November 21, 2024.
Reason Waived: From July 8 to July 11, 2024, heavy rain,
flooding, landslides, and tornado outbreaks related to Hurricane
Beryl resulted in power outages, communication service disruptions,
and emergency response efforts across several states in the southern
and eastern regions of the United States. Simultaneously, wildfires
due to extreme heat led to emergency response efforts in several
western states. Accordingly, the Department determined that it was
appropriate to extend the PRICE NOFO application submission deadline
to applicants who were affected by weather-related emergencies.
Applicants who wished to use this waiver had to submit in writing by
November 18, 2024, at 5:00 p.m. E.S.T., the circumstances that gave
rise to the weather-related emergency and the applicant's late
application submission for the PRICE NOFO. It was determined there
was good cause to grant the application submission deadline waiver
for applicants who submitted waiver requests by this deadline.
Continuum of Care Program
[cir] Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR
578.37(a)(l)(ii)(C) and 24 CFR 578.51(a)(1)(i).
Project/Activity: HUD granted a waiver of 24 CFR
578.37(a)(1)(ii), 24 CFR 578.37(a)(l)(ii)(C) and 24 CFR
578.51(a)(1)(i) to Southwest Solutions dba MiSide (MiSide), to
permit rental assistance in Rapid Re-housing projects to exceed 24
months for program participants who will not be able to afford their
rent without additional rental assistance.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(l)(ii) and 24 CFR 578.51(a)(1)(i) defines medium-term
rental assistance as 3 to 24 months and 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.37(a)(l)(ii)(C) limits rapid re-housing
[[Page 38488]]
projects to medium-term rental assistance, or no more than 24
months.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 2, 2024.
Reason Waived: The Detroit Continuum of Care (CoC, MI-501)
changed its Coordinated Entry prioritization for rapid rehousing
(RRH) in April 2019 to serve a more at-risk population with RRH.
This prioritization change was supported by a Housing Choice Voucher
(HCV) waitlist preference from the Michigan State Housing
Development Authority (MSHDA) for homeless households, which
includes households exiting homelessness programs (sometimes
referred to as a Moving On preference). Program participants in
MiSide's RRH project frequently used the Moving On preference from
MSHDA to continue receiving housing assistance when the
participant's time frame in the RRH project ended. Due to a budget
shortfall in the HCV program at MSHDA, effective July 1, 2024, MSHDA
closed its HCV waiting list and stated that the HCV waiting list
will be closed indefinitely. As a result, RRH clients at MiSide are
not able to identify on-going housing subsidies that allow them to
retain housing.
HUD homelessness programs are designed to assist program
participants to quickly obtain and maintain stable housing. MI-501's
change in prioritization to match high acuity individuals with RRH
programs contributes to this goal; however, without continued
housing subsidies, many of these high acuity individuals and
families will return to homelessness after the 24-month limit on
rental assistance. Therefore, in order to provide additional time
for program staff to identify on-going rental subsidies or
affordable housing options for program participants, HUD determined
that there is good cause for a waiver of 24 CFR 578.37(a)(1)(ii) and
24 CFR 578.51(a)(1)(i) that define medium term rental assistance
from 3 to 24 months and waiving 24 CFR 578.37(a)(l)(ii)(C) which
limits rapid rehousing assistance to no more than 24 months.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7262, Washington, DC 20410, telephone (202) 708-4300.
Emergency Solutions Grants Program
<bullet> Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
to the California Department of Housing and Community Development
(HCD) to allow its subrecipients use Emergency Solutions Grants
(ESG) Program Rapid Re-housing (RRH) and Homelessness Prevention
(HP) funds for housing units with rents that exceed the HUD-
established Fair Market Rent (FMR) requirements in the following
areas: Alameda County, Alpine County, Amador County, Butte County,
Calaveras County, City of Berkeley, Colusa County, Contra Costa
County, Del Norte County, El Dorado County, Fresno County, Glenn
County, Humboldt County, Imperial County, Inyo County, Kern County,
Kings County, Lake County, Lassen County, Los Angeles County, Madera
County, Marin County, Mariposa County, Mendocino County, Merced
County, Modoc County, Mono County, Monterey County, Napa County,
Nevada County, Orange County, Placer County, Plumas County,
Riverside County, Sacramento County, San Benito County, San
Bernardino County, San Diego County, San Joaquin County, San Luis
Obispo County, San Mateo County, Santa Barbara County, Santa Clara
County, Santa Cruz County, Shasta County, Sierra County, Siskiyou
County, Solano County, Sonoma County, Stanislaus County, Sutter
County, Tehama County, Tri-Cities (Claremont, La Verne, Pomona),
Trinity County, Tulare County, Tuolumne County, Ventura County, Yolo
County and Yuba County. HCD and its subrecipients must still comply
with the rent reasonableness requirements in 24 CFR 576.106(d)(1).
Subject to funding availability and unless otherwise provided by
HUD, the recipient may also apply this waiver to a later fiscal year
ESG grant under the same conditions that are stated above for the
recipient's current ESG grants.
In addition to providing waiver flexibilities to HCD, the
December 26, 2024 memorandum provides a simplified notification
process for ESG recipients in California to use the waiver
flexibilities to expedite the delivery of ESG rental assistance.
Nature of Requirement: 24 CFR 576.106(d)(1) provides that rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 26, 2024.
Reason Waived: Because ESG rental assistance is time-limited,
and program participants must find other rental assistance or pay
the full rent to stay housed at the program's end, HUD's FMR-based
restriction in 24 CFR 576.106(d)(t) serves dually as safeguard and
benchmark for successful housing placements. In some cases, though,
allowing rental assistance only in units that rent at or below HUD's
FMR can impede rather than promote the efficient use of ESG
assistance. In this case, HUD has received information showing the
current FMR is not an accurate reflection of the rental market in
affected areas identified by the recipient. The state reports that
average rents are consistently higher than FMR limits for the
affected areas. HCD provided data showing that, on average,
communities report actual rents 15 percent higher than FY 2025 FMRs.
Average rent amounts for one-bedroom units range from 7 percent
greater than FMR in Santa Clara County, CA to 46 percent greater
than FMR in Colusa County, CA. Average rent amounts for two-bedroom
units in the affected areas range from 1.8 percent greater than FMR
in Imperial County, CA to 44 percent greater than FMR in Mono
County, NY. Because renting at any amount over FMR disqualifies a
unit as an eligible option for ESG assistance, these consistently
higher-than-FMR average rent amounts, coupled with a tight rental
market, continue to hamper the network of providers in their ability
to provide permanent housing solutions to households in crisis. In
circumstances like these, the costs of the FMR-based restriction
seem to outweigh its benefits due to the challenge of finding units
that meet FMR requirements.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7262, Washington, DC 20410, telephone (202) 708-4300.
<bullet> Regulation: 24 CFR 576.106(e).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(e) to
the California Department of Housing and Community Development (HCD)
to allow two of its subrecipients, Arcata House Partnership and
Mendocino County Health and Human Services Agency, to provide rental
assistance in units they own without entering into a rental
assistance agreement with the owner.
Nature of Requirement: Section 576.106(e) provides that the
recipient or subrecipient may make rental assistance payments only
to an owner with whom the recipient or subrecipient has entered into
an agreement that sets forth the terms under which rental assistance
will be provided. HUD implemented the rental assistance agreement
requirement to ensure that a legal document establishes the type,
amount, maximum time period, and other conditions of rental
assistance to be paid with ESG funds. The rental assistance
agreement requirement helps protect recipients and subrecipients by
ensuring rental assistance payments are only made to owners who
agree to be legally bound to the specific conditions imposed on
those payments. But more importantly, the agreement protects the
program participant by ensuring the subrecipient or recipient pays
the subsidy on time and as specified in the agreement, and the owner
applies those payments to the program participant's rent. Finally,
the agreement provides a source document to support the costs
charged to the grant and a record to show the rental assistance was
administered in accordance with applicable requirements.
Granted By: Marion M. McFadden, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 26, 2024.
Reason Waived: According to HCD, there are a limited number of
service providers in the geographic area in Humbolt and Mendicino
Counties that are served by these organizations. Despite its attempt
to identify other potential subrecipients located in this large
rural area, HCD needed to partner with Arcata House Partnerships and
Mendocino County Health and Human Services Agency to ensure this
region has access to assistance.
Further, the vacancy rate in California is 5.2 percent for the
second quarter of 2024, according to <a href="http://iPropertyManagement.com">iPropertyManagement.com</a>,
compared to a rate of 6.6 percent nationally for the same time
period. One way the state is attempting to increase housing stock is
[[Page 38489]]
through Homekey, where HCD's subrecipients both own housing and
operate homeless programs. The ESG rental assistance agreement
requirement prevents HCD's subrecipients from providing tenant-based
rental assistance to program participants in the units they own,
however, because a subrecipient cannot enter into the required
rental assistance agreement with itself (as both the subrecipient
and the owner). This requirement thereby limits HCD's ability to
leverage innovative state projects like Homekey, which significantly
increases the number of rental units available to program
participants. This limitation also eliminates the available housing
providers in a large rural area that would otherwise not have
service coverage.
The waiver would only be used to allow Arcata House Partnership
and Mendocino County Health and Human Services Agency to provide RRH
tenant-based rental assistance (TBRA) to program participants who
choose to live in units these subrecipients own. This waiver does
not apply to project-based rental assistance.
As part of this waiver request, HCD proposes that its
subrecipients, Arcata House Partnership and Mendocino County Health
and Human Services Agency, continue their current practice of
supporting the costs charged to the grant and setting forth the
terms of the tenant's rental assistance (including subsidy amount
and period of assistance) in the lease, which includes all tenants
as signatories. HCD further indicates that HCD will conduct closer,
more frequent monitoring of the subrecipients utilizing this waiver,
including unit site visits, review of rent reasonableness
documentation, and compliance with habitability standards at 24 CFR
576.403.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7262, Washington, DC 20410, telephone (202) 708-4300.
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 200.73(c) Property Development.
Project/Activity: Boston, Massachusetts.
Nature of Requirement: The regulation requires that a site
contains at least 5 rental dwelling units and reads as follows:
(c) The improvements shall constitute a single project. Not less
than five rental dwelling units or personal care units, 20 medical
care beds, or 50 manufactured home pads, shall be on one site,
except that such limitations do not apply to group practice
facilities.
Granted by: Julia R. Gordon, Assistant Secretary for Housing.
Date Granted: November 26, 2024.
Reason Waived: The project serves very low-income families.
Historically, there has been one Section 8 Housing Assistance
Payment Contract for the project since 1971. The new HAP Contract
will be in effect for 21 years (20-year renewal term with a 1-year
preservation tail). HUD staff reviewed the submitted exhibits and
believes that this waiver will meet HUD's goal of preserving and
maintaining affordable rental housing for low-income families.
Pursuant to the authority contained in 24 CFR 5.110, good cause
has been shown that it is in the public's best interest to approve
this waiver. Therefore, 24 CFR 200.73 (c) is hereby waived. This
waiver is for this specific project only.
Contact: Stacey Ashmore, Multifamily Housing Production
Director, Northeast Region, Office of Housing, Department of Housing
and Urban Development, Room 3214--NYC Office, email:
<a href="/cdn-cgi/l/email-protection#90c3e4f1f3f5e9bedcbed1e3f8fdffe2f5d0f8e5f4bef7ffe6"><span class="__cf_email__" data-cfemail="98cbecf9fbfde1b6d4b6d9ebf0f5f7eafdd8f0edfcb6fff7ee">[email protected]</span></a>, telephone (212) 542-7840.
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 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: Waco Housing Authority (WHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: December 3, 2025.
Reason Waived: HUD waived 24 CFR 983.301(f)(4) due to good
cause. WHA has successfully made that case that this waiver will
promote utility conservation and align utility allowances with the
consumption rates of residents. After the project has been occupied
for a year, the WHA is required to review the utility allowances
compared with the actual 12 months of occupancy to ensure that the
utility allowances provided to tenants are consistent with the
actual utility usage and costs.
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
7th Street SW, Room, Washington, DC 20410, email:
<a href="/cdn-cgi/l/email-protection#6f250a1d00010a4123412e010b0a1d1c00012f071a0b41080019"><span class="__cf_email__" data-cfemail="145e71667b7a713a583a557a707166677b7a547c61703a737b62">[email protected]</span></a>, telephone (202) 402-6709.
<bullet> Regulation: 24 CFR 983.52(c), 983.258, 983.211, and
983.301.
Nature of Requirement: 24 CFR 983.52(c): Before a PHA places a
specific unit under a HAP contract, the PHA must determine whether
the unit is occupied and, if occupied, whether the unit's occupants
are eligible for assistance in accordance with Sec. 982.201 of this
title. Additionally, for a family to be eligible for assistance in
the specific unit, the unit must be appropriate for the size of the
family under the PHA's subsidy standards and the total tenant
payment for the family must be less than the gross rent for the
unit, such that the unit will be eligible for a monthly HAP. The PHA
must not enter into a HAP contract for a unit occupied by a family
ineligible for participation in the PBV program.
<bullet> 24 CFR 983.258: Housing assistance payments shall
continue until the tenant rent equals the rent to owner. The
cessation of housing assistance payments at such point will not
affect the family's other rights under its lease, nor will such
cessation preclude the resumption of payments as a result of later
changes in income, rents, or other relevant circumstances if such
changes occur within 180 days following the date of the last housing
assistance payment by the PHA. After the 180-day period, the unit
shall be removed from the HAP contract pursuant to Sec. 983.211.
<bullet> 24 CFR 983.211: (a) Removal of a unit based on a
family's increased income. Units occupied by families whose income
has increased during their tenancy resulting in the total tenant
payment equaling the gross rent shall be removed from the HAP
contract 180 days following the last housing assistance payment on
behalf of the family. (b) Reinstatement or substitution of HAP
contracts. If the project is fully assisted, a PHA may reinstate the
unit removed under paragraph (a) of this section to the HAP contract
after the ineligible family vacates the property. If the project is
partially assisted, a PHA may substitute a different unit for the
unit removed under paragraph (a) of this section to the HAP contract
when the first eligible substitute becomes available. A
reinstatement or substitution of units under the HAP contract, in
accordance with this paragraph, must be permissible under Sec.
983.207(b) or (a), respectively. (c) Additional requirements. The
anniversary and expirations dates of the reinstated or substituted
unit must be the same as all other units under the HAP contract
(i.e., the annual anniversary and expiration dates for the first
contract units placed under the HAP contract). Families must be
selected in accordance with program requirements under Sec. 983.251
of this part.
<bullet> 24 CFR 983.301: (a) Initial and redetermined rents. (1)
The amount of the initial and redetermined rent to owner is
determined in accordance with this section and Sec. 983.302. (2)
The amount of the initial rent to owner is established at the
beginning of the HAP contract term. For rehabilitated or newly
constructed housing, the Agreement states the estimated amount of
the initial rent to owner, but the actual amount of the initial rent
to owner is established at the beginning of the HAP contract term.
(3) The rent to owner is also redetermined in accordance with Sec.
983.302. (b) Amount of rent to owner. Except for certain tax credit
units as provided in paragraph (c) of this section, the rent to
owner must not exceed the lowest of (1) An amount determined by the
PHA in accordance with the Administrative Plan not to exceed 110
percent of the applicable fair market rent (or the amount of any
applicable exception payment standard) for the unit bedroom size
minus any utility allowance; (2) The reasonable rent; or (3) The
rent
[[Page 38490]]
requested by the owner. (c) Rent to owner for certain tax credit
units. (1) This paragraph (c) applies if: (i) A contract unit
receives a low-income housing tax credit under the Internal Revenue
Code of 1986 (see 26 U.S.C. 42); (ii) The contract unit is not
located in a qualified census tract; (iii) In the same building,
there are comparable tax credit units of the same unit bedroom size
as the contract unit and the comparable tax credit units do not have
any form of rental assistance other than the tax credit; and (iv)
The tax credit rent exceeds the applicable fair market rental (or
any exception payment standard) as determined in accordance with
paragraph (b) of this section. (2) In the case of a contract unit
described in paragraph (c)(1) of this section, the rent to owner
must not exceed the lowest of: (i) An amount determined by the PHA
in accordance with the Administrative Plan, not to exceed the tax
credit rent minus any utility allowance; (ii) The reasonable rent;
or (iii) The rent requested by the owner. (3) The ``tax credit
rent'' is the rent charged for comparable units of the same bedroom
size in the building that also receive the low-income housing tax
credit but do not have any additional rental assistance (e.g.,
additional assistance such as tenant-based voucher assistance). (4)
A ``qualified census tract'' is any census tract (or equivalent
geographic area defined by the Bureau of the Census) in which: (i)
At least 50 percent of households have an income of less than 60
percent of Area Median Gross Income (AMGI); or (ii) Where the
poverty rate is at least 25 percent and where the census tract is
designated as a qualified census tract by HUD. (d) Rent to owner for
other tax credit units. Except in the case of a tax-credit unit
described in paragraph (c)(1) of this section, the rent to owner for
all other tax credit units may be determined by the PHA pursuant to
paragraph (b) of this section. (e) Reasonable rent. The PHA shall
determine the reasonable rent in accordance with Sec. 983.303. The
rent to the owner for each contract unit may at no time exceed the
reasonable rent, except in cases where, the PHA has elected within
the HAP contract not to reduce rents below the initial rent to owner
and, upon redetermination of the rent to owner, the reasonable rent
would result in a rent below the initial rent. If the PHA has not
elected within the HAP contract to establish the initial rent to
owner as the rent floor, the rent to owner shall not at any time
exceed the reasonable rent. (f) Use of FMRs and utility allowance
schedule in determining the amount of rent to owner. (1) When
determining the initial rent to owner, the PHA shall use the most
recently published FMR in effect and the utility allowance schedule
in effect at execution of the HAP contract. At its discretion, the
PHA may use the amounts in effect at any time during the 30-day
period immediately before the beginning date of the HAP contract.
(2) When redetermining the rent to owner, the PHA shall use the most
recently published FMR and the PHA utility allowance schedule in
effect at the time of redetermination. At its discretion, the PHA
may use the amounts in effect at any time during the 30-day period
immediately before the redetermination date. (3) (i) For PBV
projects that are not located in a designated SAFMR area under 24
CFR 888.113(c)(1), or for PBV projects not located in a ZIP code
where the PHA has opted in under 24 CFR 888.113(c)(3), any exception
payment standard amount approved under 24 CFR 982.503(d)(2)-(4)
applies for purposes of paragraphs (b)(1) and (c)(1)(iv) of this
section. HUD will not approve a different payment standard amount
for use in the PBV program. (ii) For PBV projects that are located
in a designated SAFMR area under 24 CFR 888.113(c)(1), or for PBV
projects located in a ZIP code where the PHA has opted in under 24
CFR 888.113(c)(3), an exception payment standard amount approved
under 24 CFR 982.503(d)(3)-(4) will apply for purposes of paragraphs
(b)(1) and (c)(1)(iv) of this section only if the PHA has adopted a
policy applying SAFMRs to its PBV program and met all other
requirements in accordance with 24 CFR 888.113(h). (4) 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. (5) The PHA must continue to use the applicable
utility allowance schedule for the purpose of determining the
initial rent to owner and redetermining the rent to owner for
contract units, as outlined in this 24 CFR 983.301, regardless of
whether the PHA approves a higher utility allowance as a reasonable
accommodation for a person with disabilities living in a contract
unit (see 24 CFR 982.517(e)). (g) PHA-owned units. For PHA-owned PBV
units, the initial rent to owner and the annual redetermination of
rent at the annual anniversary of the HAP contract must be
determined by the independent entity approved by HUD in accordance
with Sec. 983.57. The PHA must use the rent to owner established by
the independent entity.
Project/Activity: Vancouver Housing Authority (VHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 8, 2024.
Reason Waived: The standard for approval of such a waiver
request is described in Section 1.6.C.9 of the RAD Notice. In order
for the waiver to be approved, the public housing authority (PHA)
must demonstrate that based on the RAD rent calculated in accordance
with Attachment 1C of the RAD Notice, the monthly two-bedroom RAD
Gross Rent is less than 30 percent of the monthly income of a family
of four at the midpoint between the Very Low Income (VLI) HUD Income
Limit and Extremely Low Income (ELI) HUD Income Limit for the area
in which the Covered Project is located. The VHA has demonstrated
the monthly 2-bedroom units RAD Gross Rent is less than 30 percent
of the monthly income of a family of four at the midpoint between
the VLI HUD Income Limit and ELI HUD Income Limit for the area in
which the Covered Projects are located through the following
calculation: 2 For a family of four in Clark County, the VLI is
$59,000 and ELI is $35,400. The midpoint is $47,200, 30 percent of
the midpoint is $1,180 per month. The monthly RAD Gross Rent for a
two-bedroom unit at each property is as follows: 1. Allegro Pointe:
$939 2. VHA Apartment Homes Properties: $584 Accordingly, the
Covered Projects are eligible for the waiver.
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
7th Street SW, Room, Washington, DC 20410, email:
<a href="/cdn-cgi/l/email-protection#b1fbd4c3dedfd49ffd9ff0dfd5d4c3c2dedff1d9c4d59fd6dec7"><span class="__cf_email__" data-cfemail="155f70677a7b703b593b547b717067667a7b557d60713b727a63">[email protected]</span></a>, telephone (202) 402-6709.
[cir] 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: Housing Authority for the City of Pittsburgh's
(HACP).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 7, 2024.
Reason Waived: The HACP justifies the need for the waivers as
follows:
[cir] According to Allegheny County's Department of Human
Services (DHS), 1,026 individuals were experiencing homelessness on
a single night in January 2024 in the county in which the HACP
operates. This was an increase from the 2023 Point-in-Time count of
913 (12.3 percent).
[cir] The need for affordable housing in Pittsburgh was evident
when the HACP opened its waiting list in March 2024 and had over
11,000 applicants in five days.
<bullet> The HACP has a homeless preference for its HCV, PBV,
and Public Housing waiting lists, and has partnered with the
Allegheny County DHS, the area's Continuum of Care, for referrals.
[cir] The HACP has housed 133 homeless families since 2021
through the Emergency Housing Voucher (EHV) program and has joined a
local initiative to house 500 homeless families in 500 days.
[cir] During EHV program implementation, the HACP found that
even with caseworker support, gathering identity and income
documentation caused delays.
[cir] The process of obtaining a photo identification in
Pennsylvania typically takes between 10-20 days with a cost of
$42.50; obtaining a Social Security card takes approximately 14 days
from the date of the appointment at the Social Security
Administration office, but the wait for an appointment can be
several weeks long; and birth certificates typically take about two
weeks to process with a cost of $30 (which can be waived).
[cir] If all three documents need to be obtained, the process
can take up to 48 days.
[cir] Homeless families often change addresses or phone numbers,
which complicates communication and follow-up in obtaining these
documents.
HUD found this to be good cause and has granted the
aforementioned waivers.
Contact: Susannah Roetlin, Housing Programs Specialist, Housing
Voucher
[[Page 38491]]
Management and Operations Division, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th Street
SW, email: <a href="/cdn-cgi/l/email-protection#683b1d1b0906060900463b463a070d1c04010628001d0c460f071e"><span class="__cf_email__" data-cfemail="5c0f292f3d32323d34720f720e3339283035321c342938723b332a">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 5.801(d)(1) and 24 CFR 902.62(a)(3).
Nature of Requirement: 24 CFR 5.801(d)(1): For PHAs listed in
paragraphs (a)(1) and (a)(2) of this section, the requirements of
this section will begin with those PHAs with fiscal years ending
September 30, 1999 and later. Unaudited financial statements will be
required 60 days after the PHA's fiscal year end, and audited
financial statements will then be required no later than 9 months
after the PHA's fiscal year end, in accordance with the Single Audit
Act and 2 CFR part 200, subpart F. A PHA with a fiscal year ending
September 30, 1999 that elects to submit its unaudited financial
report earlier than the due date of November 30, 1999 must submit
its report as required in this section. On or after September 30,
1998, but prior to November 30, 1999 (except for a PHA with its
fiscal year ending September 30, 1999), PHAs may submit their
financial reports in accordance with this section.
24 CFR 902.62(a)(3): The PHA's audited financial statement must
be received no later than 9 months after the PHA's fiscal year-end,
in accordance with the Single Audit Act and 2 CFR part 200, subpart
F. If the audited financial statement is not received by that date,
the PHA will receive a presumptive rating of failure for the
financial condition indicator.
Project/Activity: Ironton Metropolitan Housing Authority (IMHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 8, 2024.
Reason Waived: The IMHA stated that the departure of the
previous administration and subsequent loss of access to necessary
software has delayed the fiscal year-end close, and additional time
is needed to prepare for and complete the audit. Additionally, the
Ohio Auditor of State office cannot commence the audit until August
2024, which is beyond the control of the IMHA. HUD found this to be
good cause and granted the waiver.
Contact: Lara Philbert, Assessment Manager, Integrated
Assessment Team, Public and Indian Housing, Department of Housing
and Urban Development, 451 7th Street SW, Washington, DC 20410,
telephone (202) 475-8930, email: <a href="/cdn-cgi/l/email-protection#ea868b988bc49a828386888f989eaa829f8ec48d859c"><span class="__cf_email__" data-cfemail="264a47544708564e4f4a44435452664e534208414950">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 983.52(d) and 983.154(d).
Nature of Requirement: 24 CFR 983.52(d): Unless a PHA has
exercised the discretion at Sec. 983.154(f), to undertake
development activity without an Agreement or to execute an Agreement
after construction or rehabilitation that complied with applicable
requirements of Sec. 983.153 has commenced, or at Sec. 983.157, to
undertake development activity after execution of the HAP contract,
the PHA may not execute a HAP contract for units on which
construction or rehabilitation commenced after the date of proposal
submission (for housing subject to competitive selection) or the
date of the PHA's board resolution approving the project-basing of
assistance at the project (for housing excepted from competitive
selection) and prior to the effective date of an Agreement. At HUD's
sole discretion, HUD may approve a PHA's request for an exception to
this prohibition. In determining whether to approve the PHA request,
HUD will consider appropriate factors, including the nature and
extent of the construction or rehabilitation that has commenced. 24
CFR Sec. 983.154(d).
Project/Activity: Norwalk Housing Authority (NHA).
Granted By: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 22, 2024.
Reason Waived: The good cause prompting this waiver request is
the potential for the vacant buildings to invite criminal activity
or unauthorized occupancy, which will negatively impact the
community's safety. Further, unless demolition and remediation can
commence immediately, the redevelopment timeline and budget will be
exposed to delays and cost escalation that put the financing and
overall project at risk. HUD found this to be good cause and granted
the waiver.
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
7th Street SW, Room, Washington, DC 20410, email:
<a href="/cdn-cgi/l/email-protection#b4fed1c6dbdad19af89af5dad0d1c6c7dbdaf4dcc1d09ad3dbc2"><span class="__cf_email__" data-cfemail="d298b7a0bdbcb7fc9efc93bcb6b7a0a1bdbc92baa7b6fcb5bda4">[email protected]</span></a>, telephone (202) 402-6709.
<bullet> Regulation: 24 CFR 983.52(c), 983.251(a)(2), 983.258,
983.211, 983.301, and 983.353(b)(1).
Nature of Requirement: 24 CFR 983.52(c): Before a PHA places a
specific unit under a HAP contract, the PHA must determine whether
the unit is occupied and, if occupied, whether the unit's occupants
are eligible for assistance in accordance with Sec. 982.201 of this
title. Additionally, for a family to be eligible for assistance in
the specific unit, the unit must be appropriate for the size of the
family under the PHA's subsidy standards and the total tenant
payment for the family must be less than the gross rent for the
unit, such that the unit will be eligible for a monthly HAP. The PHA
must not enter into a HAP contract for a unit occupied by a family
ineligible for participation in the PBV program.
[cir] 24 CFR 983.251(a)(2): Except for voucher participants
(determined eligible at original admission to the voucher program),
the PHA may only select families determined eligible for admission
at commencement of PBV assistance, using information received and
verified by the PHA within a period of 60 days before commencement
of PBV assistance. For all families, the PHA must determine the
total tenant payment for the family is less than the gross rent,
such that the unit will be eligible for a monthly HAP.
[cir] 24 CFR 983.258: Housing assistance payments shall continue
until the tenant rent equals the rent to owner. The cessation of
housing assistance payments at such point will not affect the
family's other rights under its lease, nor will such cessation
preclude the resumption of payments as a result of later changes in
income, rents, or other relevant circumstances if such changes occur
within 180 days following the date of the last housing assistance
payment by the PHA. After the 180-day period, the unit shall be
removed from the HAP contract pursuant to Sec. 983.211.
[cir] 24 CFR 983.211: (a) Removal of a unit based on a family's
increased income. Units occupied by families whose income has
increased during their tenancy resulting in the total tenant payment
equaling the gross rent shall be removed from the HAP contract 180
days following the last housing assistance payment on behalf of the
family. (b) Reinstatement or substitution of HAP contracts. If the
project is fully assisted, a PHA may reinstate the unit removed
under paragraph (a) of this section to the HAP contract after the
ineligible family vacates the property. If the project is partially
assisted, a PHA may substitute a different unit for the unit removed
under paragraph (a) of this section to the HAP contract when the
first eligible substitute becomes available. A reinstatement or
substitution of units under the HAP contract, in accordance with
this paragraph, must be permissible under Sec. 983.207(b) or (a),
respectively. (c) Additional requirements. The anniversary and
expirations dates of the reinstated or substituted unit must be the
same as all other units under the HAP contract (i.e., the annual
anniversary and expiration dates for the first contract units placed
under the HAP contract). Families must be selected in accordance
with program requirements under Sec. 983.251 of this part.
[cir] 24 CFR Sec. 983.301: (a) Initial and redetermined rents.
(1) The amount of the initial and redetermined rent to owner is
determined in accordance with this section and Sec. 983.302. (2)
The amount of the initial rent to owner is established at the
beginning of the HAP contract term. For rehabilitated or newly
constructed housing, the Agreement states the estimated amount of
the initial rent to owner, but the actual amount of the initial rent
to owner is established at the beginning of the HAP contract term.
(3) The rent to owner is also redetermined in accordance with Sec.
983.302. (b) Amount of rent to owner. Except for certain tax credit
units as provided in paragraph (c) of this section, the rent to
owner must not exceed the lowest of(1) An amount determined by the
PHA in accordance with the Administrative Plan not to exceed 110
percent of the applicable fair market rent (or the amount of any
applicable exception payment standard) for the unit bedroom size
minus any utility allowance; (2) The reasonable rent; or (3) The
rent requested by the owner. (c) Rent to owner for certain tax
credit units. (1) This paragraph (c) applies if: (i) A contract unit
receives a low-income housing tax credit under the Internal Revenue
Code of 1986 (see 26 U.S.C. 42);(ii) The contract unit is not
located in a qualified census tract; (iii) In the same building,
there are comparable tax credit units of the same unit bedroom size
as the contract unit and the comparable tax credit units do not have
any form of rental assistance other than the tax credit; and (iv)
The tax credit rent
[[Page 38492]]
exceeds the applicable fair market rental (or any exception payment
standard) as determined in accordance with paragraph (b) of this
section. (2) In the case of a contract unit described in paragraph
(c)(1) of this section, the rent to owner must not exceed the lowest
of: (i) An amount determined by the PHA in accordance with the
Administrative Plan, not to exceed the tax credit rent minus any
utility allowance; (ii) The reasonable rent; or (iii) The rent
requested by the owner. (3) The ``tax credit rent'' is the rent
charged for comparable units of the same bedroom size in the
building that also receive the low-income housing tax credit but do
not have any additional rental assistance (e.g., additional
assistance such as tenant-based voucher assistance). (4) A
``qualified census tract'' is any census tract (or equivalent
geographic area defined by the Bureau of the Census) in which: (i)
At least 50 percent of households have an income of less than 60
percent of Area Median Gross Income (AMGI); or (ii) Where the
poverty rate is at least 25 percent and where the census tract is
designated as a qualified census tract by HUD. (d) Rent to owner for
other tax credit units. Except in the case of a tax-credit unit
described in paragraph (c)(1) of this section, the rent to owner for
all other tax credit units may be determined by the PHA pursuant to
paragraph (b) of this section. (e) Reasonable rent. The PHA shall
determine the reasonable rent in accordance with Sec. 983.303. The
rent to the owner for each contract unit may at no time exceed the
reasonable rent, except in cases where, the PHA has elected within
the HAP contract not to reduce rents below the initial rent to owner
and, upon redetermination of the rent to owner, the reasonable rent
would result in a rent below the initial rent. If the PHA has not
elected within the HAP contract to establish the initial rent to
owner as the rent floor, the rent to owner shall not at any time
exceed the reasonable rent. (f) Use of FMRs and utility allowance
schedule in determining the amount of rent to owner. (1) When
determining the initial rent to owner, the PHA shall use the most
recently published FMR in effect and the utility allowance schedule
in effect at execution of the HAP contract. At its discretion, the
PHA may use the amounts in effect at any time during the 30-day
period immediately before the beginning date of the HAP contract.
(2) When redetermining the rent to owner, the PHA shall use the most
recently published FMR and the PHA utility allowance schedule in
effect at the time of redetermination. At its discretion, the PHA
may use the amounts in effect at any time during the 30-day period
immediately before the redetermination date. (3) (i) For PBV
projects that are not located in a designated SAFMR area under 24
CFR 888.113(c)(1), or for PBV projects not located in a ZIP code
where the PHA has opted in under 24 CFR 888.113(c)(3), any exception
payment standard amount approved under 24 CFR 982.503(d)(2)-(4)
applies for purposes of paragraphs (b)(1) and (c)(1)(iv) of this
section. HUD will not approve a different payment standard amount
for use in the PBV program. (ii) For PBV projects that are located
in a designated SAFMR area under 24 CFR 888.113(c)(1), or for PBV
projects located in a ZIP code where the PHA has opted in under 24
CFR 888.113(c)(3), an exception payment standard amount approved
under 24 CFR 982.503(d)(3)-(4) will apply for purposes of paragraphs
(b)(1) and (c)(1)(iv) of this section only if the PHA has adopted a
policy applying SAFMRs to its PBV program and met all other
requirements in accordance with 24 CFR 888.113(h). (4) 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. (5) The PHA must continue to use the applicable
utility allowance schedule for the purpose of determining the
initial rent to owner and redetermining the rent to owner for
contract units, as outlined in this 24 CFR 983.301, regardless of
whether the PHA approves a higher utility allowance as a reasonable
accommodation for a person with disabilities living in a contract
unit (see 24 CFR 982.517(e)). (g) PHA-owned units. For PHA-owned PBV
units, the initial rent to owner and the annual redetermination of
rent at the annual anniversary of the HAP contract must be
determined by the independent entity approved by HUD in accordance
with Sec. 983.57. The PHA must use the rent to owner established by
the independent entity.
[cir] 24 CFR 983.353(b)(1): The family is responsible for paying
the tenant rent (total tenant payment minus the utility allowance).
Project/Activity: North Charleston Housing Authority (NCHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 23, 2024.
Reason Waived: The standard for approval of such a waiver
request is described in Section 1.6.C.9 of the RAD Notice. In order
for the waiver to be approved, the public housing authority (PHA)
must demonstrate that based on the RAD rent calculated in accordance
with Attachment 1C of the RAD Notice, the monthly two-bedroom RAD
Gross Rent is less than 30 percent of the monthly income of a family
of four at the midpoint between the Very Low Income (VLI) HUD Income
Limit and Extremely Low Income (ELI) HUD Income Limit for the area
in which the Covered Project is located. The NCHA has demonstrated
the monthly two-bedroom RAD Gross Rent is less than 30 percent of
the monthly income of a family of four at the midpoint between the
VLI HUD Income Limit and the ELI HUD Income Limit for the area in
which the Covered Projects are located. Accordingly, the Covered
Projects are eligible for the requested waivers.
Contact: Ryan Jones, Director, Housing Voucher Management and
Operations Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 7th Street at 202-402-2677 or
<a href="/cdn-cgi/l/email-protection#14466d757a3a513a5e7b7a7167547c61703a737b62"><span class="__cf_email__" data-cfemail="52002b333c7c177c183d3c3721123a27367c353d24">[email protected]</span></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 Napa's
(HACN).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: October 29, 2024.
Reason Waived: The HACN's justification of the need for the
waivers is as follows:
[cir] The PHA is project-basing units for a significant number
of persons experiencing homelessness. The PHA's local coordinated
entry system/Continuum of Care is the point of entry for referral to
these PBV units. Individuals seeking a PBV unit are continuing to
experience delays with acquiring the documentation needed. When
there are significant delays with documentation, the units remain
vacant. The waivers would allow the HACN to conditionally move
forward with the process, while documentation is acquired and
processed. <bullet> In the last two years within the City of Napa
there have been two new housing projects, totaling 144 units, that
were primarily permanent supportive housing. Combined, these
projects had 74 PBV units, and 98 coordinated entry dedicated units.
With this focus, most of Napa's leasing in the last two years has
been coordinated entry units.
[cir] Over the course of leasing the two permanent supportive
housing projects, the Housing Authority team worked closely with the
homeless services provider, talking almost daily. On average, HCV
clients take 6-10 weeks to determine eligibility while the PHA found
that clients in the coordinated entry system take 12-16 weeks to
determine eligibility, even when working with the service provider.
The most frequent documentation concern that the HACN sees related
to folks experiencing homelessness is getting birth certificates and
social security documentation. A recent example of an individual
born to active military overseas delayed the homeless client's
placement into housing by three months. Because birth certificates
are managed at a county level and not centralized into a national
database, the service provider is typically sleuthing to determine
what county someone was born in. From there, many counties take
eight or more weeks to send the birth certificate. Being able to
place these households relieves the entire homeless system by
freeing up beds and allowing others to cycle through to shelter.
[cir] The PHA is also actively pulling applicants from their HCV
waiting list. Many of these applicants are experiencing
homelessness. In the PHA's experience, all persons experiencing
homelessness have faced similar barriers in collecting paperwork to
qualify for the PHA's housing programs HUD found the above reasons
to be good cause and granted the waiver.
Contact: Carmen Chow, Housing Programs Specialist, Housing
Voucher Management and Operations Division, Public and Indian
Housing, Department of Housing and Urban Development, Chicago
Office, Room 2300, telephone (312) 913-8523, email
<a href="/cdn-cgi/l/email-protection#fdbe9c8f909893d3be95928abd958899d39a928b"><span class="__cf_email__" data-cfemail="1d5e7c6f707873335e75726a5d756879337a726b">[email protected]</span></a>.
<bullet> Regulation: 24 CFR 983.154(d), 24 CFR 983.52(d).
[[Page 38493]]
Nature of Requirement: 24 CFR 983.154(d): Development activity
must not commence after the date of proposal submission (for housing
subject to competitive selection) or the date of the PHA's board
resolution approving the project-basing of assistance at the project
(for housing excepted from competitive selection) and before the
effective date of the Agreement, except as provided in paragraphs
(f) and (g) of this section. 24 CFR 983.52(d): Unless a PHA has
exercised the discretion at Sec. 983.154(f), to undertake
development activity without an Agreement or to execute an Agreement
after construction or rehabilitation that complied with applicable
requirements of Sec. 983.153 has commenced, or at Sec. 983.157, to
undertake development activity after execution of the HAP contract,
the PHA may not execute a HAP contract for units on which
construction or rehabilitation commenced after the date of proposal
submission (for housing subject to competitive selection) or the
date of the PHA's board resolution approving the project-basing of
assistance at the project (for housing excepted from competitive
selection) and prior to the effective date of an Agreement. At HUD's
sole discretion, HUD may approve a PHA's request for an exception to
this prohibition. In determining whether to approve the PHA request,
HUD will consider appropriate factors, including the nature and
extent of the construction or rehabilitation that has commenced.
Project/Activity: Fairfax County Redevelopment and Housing
Authority (FCRHA).
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: November 19, 2024.
Reason Waived: The FCRHA is requesting this waiver to allow
Wesley Lamb LLC to immediately begin site preparation at the Lamb
Center for the Beacon Landing project prior to execution of the
AHAP. Wesley Lamb LLC must demolish the existing structure at 9640
Fairfax Blvd. and level the site by December 12, 2024, to ensure
safe conditions and prevent project delays. The Part 58
Environmental Review was completed in December 2022, covering both
the project site and PBV units. The PHA and the developer have
adhered to all standard requirements. This waiver is requested to
address health and safety concerns and expedite the creation of
urgently needed replacement housing for the homeless. The delay in
meeting the December 12, 2024, deadline risks project setbacks, cost
increases, and potential impacts to financing. HUD found this to be
good cause and granted the waiver for 983.154(d) and an exception
for 953.52(d) in accordance with the requirements of that section to
permit Wesley Housing to begin the demolition and remediation
activities prior to entering an Agreement to Enter into a Housing
Assistance Payment.
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
7th Street SW, Room, Washington, DC 20410, email:
<a href="/cdn-cgi/l/email-protection#c48ea1b6abaaa1ea88ea85aaa0a1b6b7abaa84acb1a0eaa3abb2"><span class="__cf_email__" data-cfemail="3e745b4c51505b1072107f505a5b4c4d51507e564b5a10595148">[email protected]</span></a>, telephone (202) 402-6709.
Extended Streamlined Waivers
<bullet> Regulation: 24 CFR 982.201(e) and 960.259: Verification
of Date of Birth and Disability Status.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: 24 CFR 982.201(e) and 960.259(a) and
(c)(1) relate to verifying a family member's disability status and/
or date of birth at the time of admission; and the impact that
determination has on the family's eligible expenses and deductions.
The PHA must receive information verifying that an applicant is
eligible within the period of 60 days before the PHA issues a
voucher to the applicant. The family must supply any information
that the PHA or HUD determines is necessary in administration of the
public housing program, including submission of required evidence of
citizenship or eligible immigration status. Also, the PHA must
obtain and document in the family file third-party verification of
reported family annual income; the value of assets; expenses related
to deductions from annual income; and other facts that affect the
determination of adjusted income or income-based rent, or must
document in the file why third-party verification was not available.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
This waiver was provided to allow PHAs to accept a self-
certification from the applicable family, if the family is unable to
provide third-party verification of date of birth and/or disability
status, because of loss or lack of documents. This allows families
to be housed more quickly in the aftermath of a disaster when the
need for and access to housing is hampered by the disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing, 451
7th Street SW, Suite 3180, Washington, DC 20410-5000, or email to
<a href="/cdn-cgi/l/email-protection#69392021362c11190c0d001d0c0d363e08001f0c1b1a29011c0d470e061f"><span class="__cf_email__" data-cfemail="63332a2b3c261b1306070a1706073c34020a15061110230b16074d040c15">[email protected]</span></a>.
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Code PHAs Waiver signed
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FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
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<bullet> Regulation: 24 CFR 984.303(d): Family Self Sufficiency
(FSS) Contract of Participation, Contract Extension.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: Section 984.303(d) authorizes a PHA to
extend a family's contract of participation for a period of two
years in the FSS Program. This waiver authorizes the PHA to grant an
additional year on a case-by-case basis if a FSS family was affected
by the disaster.
Reason Waived: FSS participants affected by the disaster may
need an additional time to complete their FSS Contract of
Participation.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#72223b3a2d370a0217161b0617162d25131b04170001321a07165c151d04"><span class="__cf_email__" data-cfemail="1e4e5756415b666e7b7a776a7b7a41497f77687b6c6d5e766b7a30797168">[email protected]</span></a>.
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Code PHAs Waiver signed
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FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
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<bullet> Regulation: 24 CFR 982.201(e) and 960.259(a)(1) and (2)
and (c): Eligibility Determination, Income Verification.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs are required to verify a family's
income eligibility within 60 days prior to voucher issuance for the
tenant-based voucher program and prior to admission for the project-
based voucher and public housing programs. PIH-Notice 2023-27
provides the verification hierarchy under
[[Page 38494]]
which the PHAs are responsible for obtaining third party
verification of reported family annual income.
Reason Waived: PHAs are required to verify a family's income
eligibility within 60 days prior to voucher issuance. Disaster
impacted the ability of families to provide the necessary
documentation verifying eligibility, thus delaying the ability of
the PHA to provide assistance to the family. This waiver was
provided to allow PHAs to accept a self-certification from the
applicable family, if the family is unable to provide third-party
verification of date of birther and/or disability status, because of
loss or lack of documents. This allows families to be housed more
quickly in the aftermath of a disaster when the need for and access
to housing is hampered by the disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#712138392e3409011415180514152e26101807140302311904155f161e07"><span class="__cf_email__" data-cfemail="df8f9697809aa7afbabbb6abbabb8088beb6a9baadac9fb7aabbf1b8b0a9">[email protected]</span></a>.
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Code PHAs Waiver signed
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FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
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<bullet> Regulation: 24 CFR 982.206(a)(2) and 960.206: Waiting
List Opening and Closing, Public Notice.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: The PHA must give the public notice by
publication in a local newspaper of general circulation, and also by
minority media and other suitable means. The notice must comply with
HUD fair housing requirements. The PHA may adopt a system of local
preferences for selection of families admitted to the PHA's public
housing program. The PHA system of selection preferences must be
based on local housing needs and priorities as determined by the
PHA. In determining such needs and priorities, the PHA shall use
generally accepted data sources. Such sources include public comment
on the PHA plan and on the consolidated plan for the relevant
jurisdiction.
Reason Waived: The impact of a disaster necessitated a change in
the status of the PHA's waiting list to meet the emergency needs of
the community. Typical means of communicating such changes may not
be available or may unnecessarily delay the PHA's actions and
ability to assist families impacted by the disaster. This waiver
allows for streamlined public notification.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#84d4cdccdbc1fcf4e1e0edf0e1e0dbd3e5edf2e1f6f7c4ecf1e0aae3ebf2"><span class="__cf_email__" data-cfemail="32627b7a6d774a4257565b4657566d65535b44574041725a47561c555d44">[email protected]</span></a>.
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Code Code PHAs Waiver signed
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FL003................... Tampa Housing Authority.... 11/19/2024
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<bullet> Regulation: PIH Notice 2011-65: Timely Reporting
Requirements of the Family Report (Form HUD-50058).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs must submit family reports no later
than 60 calendar days from the effective date of any action recorded
on line 2b of the form HUD-50058 or form HUD-50058 MTW).
Reason Waived: Disaster impacted the ability of the PHA to
timely submit family reports as a result of destruction to PHA
technology infrastructure, the impact of disaster on personnel, or
the prioritization by the PHA staff on disaster response.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#04544d4c5b417c7461606d7061605b53656d72617677446c71602a636b72"><span class="__cf_email__" data-cfemail="57071e1f08122f2732333e2332330800363e21322524173f223379303821">[email protected]</span></a>.
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Code Code PHAs Waiver signed
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FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
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<bullet> Regulation: 24 CFR 982.516(a)(2) and (3): Family Income
and Composition, Annual, and Interim Examinations for HCV and PBV;
24 CFR 960.259(c): Family Information and Verification for PH and
PIH Notice 2023-27.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: The PHA is required to obtain a document
in the tenant file third-party verification or must document in the
tenant file because third party verification was not available. HUD
may waiver the requirements to use the income verification hierarchy
for families impacted by a PDD.
Reason Waived: Disaster impacted the ability of the PHA to
obtain and document third-party verification. Some places of
business may not be able to provide the verification as a result of
the disaster. The PHA may also be prioritizing disaster response
actions and not have the capacity to go through the verification
hierarchy.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#83d3cacbdcc6fbf3e6e7eaf7e6e7dcd4e2eaf5e6f1f0c3ebf6e7ade4ecf5"><span class="__cf_email__" data-cfemail="57071e1f08122f2732333e2332330800363e21322524173f223379303821">[email protected]</span></a>.
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Code Code PHAs Waiver signed
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FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
[[Page 38495]]
<bullet> Regulation: 24 CFR 5.703(d)(5): National Standards for
the Physical Inspection of Real Estate, Units.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: HUD may consider a request from a PDD PHA
to waive the requirement to have at least one bedroom or living/
sleeping room for each two persons, to help house families displaced
due to PDDs.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
Notice FR-6438-N-01 allows administrative flexibilities during
presidentially declared disasters using a streamlined process. This
allows families to be housed more quickly in the aftermath of a
disaster when the need for and access to housing is hampered by the
disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#45150c0d1a003d3520212c3120211a12242c33203736052d30216b222a33"><span class="__cf_email__" data-cfemail="05554c4d5a407d7560616c7160615a52646c73607776456d70612b626a73">[email protected]</span></a>.
------------------------------------------------------------------------
Code Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
NC152................... Mountain Projects, Inc..... 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.503(c): HUD Approval of
Exception Payment Standard Amount.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: To substantiate the need for an exception
payment standard usually a PHA must provide data about the local
market, as well as other program related information. However, in a
PDD the typical data sources fail to capture conditions on the
ground. In these cases, a PHA must provide available date on pre-
disaster HCV time to lease and success rates, its pre-disaster
payment standards, the exception payment standards amount being
requested, and the need for the requested amounts.
Reason Waived: The PHA was able to evidence the need for an
exception payment standard resulting from the negative impact of the
disaster on the local housing market.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#afffe6e7f0ead7dfcacbc6dbcacbf0f8cec6d9cadddcefc7dacb81c8c0d9"><span class="__cf_email__" data-cfemail="7f2f3637203a070f1a1b160b1a1b20281e16091a0d0c3f170a1b51181009">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
NC152................... Mountain Project, Inc...... 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.54(d)(2): Term of Voucher,
Extension of Term.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: HUD may waiver 24 CFR 982.54(d)(2),
allowing the PHA to establish the alternative voucher extension
policy immediately before updating its Administrative Plan. PHA must
notify families of the new policy as soon as possible and update its
Administrative Plan within six months of approval.
Reason Waived: PHAs have discretion to establish the term of the
voucher, beyond 60 days, and its extension policies. The disaster
impacts the ability of a family searching with a voucher to find
suitable housing. necessitating an immediate change to the PHA's
policies. Failure to expeditiously update the PHA's policy may
result in the voucher being cancelled by the PHA.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#47170e0f18023f3722232e3322231810262e31223534072f322369202831"><span class="__cf_email__" data-cfemail="9acad3d2c5dfe2eafffef3eefffec5cdfbf3ecffe8e9daf2effeb4fdf5ec">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.305(c): PHA Approval of Assisted
Tenancy, When HAP Contract is Executed.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024)
Nature of Requirement: When a PDD impacts an owner's ability to
collect the documents, the PHA must use best efforts to execute the
HAP contract before the beginning of the lease term. The HAP
contract must be executed no later than 60 calendar days from the
beginning of the lease term per 24 CFR 982.305(c).
Reason Waived: The disaster impacted the ability to execute HAP
contract between the PHA and owner. Without this waiver, a delayed
HAP contract results in the delay of payment to the owner, making it
harder to attract owners to the HCV program. A failure to execute
the HAP contract timely voids the HAP contract, putting the housing
status of the family at risk.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#2e7e6766716b565e4b4a475a4b4a71794f47584b5c5d6e465b4a00494158"><span class="__cf_email__" data-cfemail="5c0c15140319242c393835283938030b3d352a392e2f1c342938723b332a">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
[[Page 38496]]
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.633(a): Occupancy of Home.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PDD PHA wishing to waive the requirement
that PHAs make HAP for homeownership assistance only while a family
resides in their home and must stop HAP no later than the month
after a family moves out, to allow families displaced from their
homes located in areas affected by PDDs to comply with mortgage
terms or make necessary repairs. A PHA requesting a waiver of this
type must show good cause by demonstrating that the family is not
already receiving assistance from another source.
Reason Waived: This waiver will allow the PHA to continue paying
the housing assistance payment in cases where the family is unable
to occupy their home due to damage caused by the disaster. This
allows families to comply with the mortgage requirements to keep
their home while making the necessary repairs to reoccupy the home.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#6f3f2627302a171f0a0b061b0a0b30380e06190a1d1c2f071a0b41080019"><span class="__cf_email__" data-cfemail="2b7b6263746e535b4e4f425f4e4f747c4a425d4e59586b435e4f054c445d">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.54(a) Administrative Plan.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: Recognizing difficulties in complying
with the requirement that the PHA Board of Commissioners formally
adopted revisions to the administrative plan during a PDD, HUD may
waive the requirement to allow the PHA administrative plan to be
revised on a temporary basis without Board approval for 120 days.
Any informally adopted revisions under this waiver authority must be
formally adopted within 120 days.
Reason Waived: The PHA has the option to adopt certain
discretionary policies in the administration of its Housing Choice
Voucher program. This waiver reduces the administrative burden for
PHAs to implement temporary changes in policy necessitated by
disaster to provide relief to families impacted.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#a8f8e1e0f7edd0d8cdccc1dccdccf7ffc9c1decddadbe8c0ddcc86cfc7de"><span class="__cf_email__" data-cfemail="d9899091869ca1a9bcbdb0adbcbd868eb8b0afbcabaa99b1acbdf7beb6af">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.405(b): Supervisory Quality
Control Inspections.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHA are required to conduct supervisory
quality control housing standards (HQS) inspections. If approved,
the waiter would remove the requirement for PHAs to conduct such
inspections for the 6-month period.
Reason Waived: This waiver will allow the PHA to prioritize
recovery efforts and focus on other inspections necessitated by the
disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#acfce5e4f3e9d4dcc9c8c5d8c9c8f3fbcdc5dac9dedfecc4d9c882cbc3da"><span class="__cf_email__" data-cfemail="c19188899e84b9b1a4a5a8b5a4a59e96a0a8b7a4b3b281a9b4a5efa6aeb7">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
NC152................... Mountain Projects, Inc..... 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.312, Absence from Unit.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: This regulation requires that a family
may not be absent from a unit for a period of more than 180
consecutive calendars days for any reason. Under this document, PDD
PHAs may seek waiver approval to extend the period of absence from
180 days to 240 days and maintain documentation in the tenant file
indicating unit is under a PDD which resulted in extended absence.
Reason Waived: This waiver will allow PHAs to provide relief to
displaced families as they search for housing in a competitive
rental market with ongoing fluctuations and disruptions.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington,
[[Page 38497]]
DC 20410, or email to <a href="/cdn-cgi/l/email-protection#03534a4b5c467b7366676a7766675c54626a75667170436b76672d646c75"><span class="__cf_email__" data-cfemail="3e6e7776617b464e5b5a574a5b5a61695f57485b4c4d7e564b5a10595148">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
NC152................... Mountain Projects, Inc..... 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.455, 983.258, and 983.211(a):
Automatic Termination of HAP Contract or Required Removal of Unit
from the PBV HAP.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs may request a waiver to extend the
timeframe for automatic termination of the HAP contract or required
removal of the unit from the PBV HAP contract, from 180 days to 360
days following the last HAP payment to the owner, to preserve
families' assistance for a longer period in case a family
experiences a loss of income, and to allow the PHA time to process
interim reexaminations for families who report a loss of income.
Reason Waived: This waiver will reduce the administrative burden
for PHAs and allow PHAs to provide relief to families by ensuring
they do not lose their housing assistance if they experience a loss
of income during the extending period.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#cb9b8283948eb3bbaeafa2bfaeaf949caaa2bdaeb9b88ba3beafe5aca4bd"><span class="__cf_email__" data-cfemail="94c4dddccbd1ece4f1f0fde0f1f0cbc3f5fde2f1e6e7d4fce1f0baf3fbe2">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
NC152................... Mountain Projects, Inc..... 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 982.517(c): Revisions of Utility
Allowance Schedule.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs must review their schedule of
utility allowances each year and revise their allowance for a
utility category if there has been a change of 10 percent or more in
the utility rate since the last time the utility allowance schedule
was revised. During a PDD, HUD may allow a PHA to delay reviewing
and updating HCV utility allowances, for an additional 6 months
beyond the normal 12-month period.
Reason Waived: This waiver is necessary to reduce administrative
burden and allow for prioritization by the PHA staff to focus on
disaster relief and recovery efforts.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#c9998081968cb1b9acada0bdacad969ea8a0bfacbbba89a1bcade7aea6bf"><span class="__cf_email__" data-cfemail="aefee7e6f1ebd6decbcac7dacbcaf1f9cfc7d8cbdcddeec6dbca80c9c1d8">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: PIH Notice 2018-1, Section 9: Guidance on
Small Area Market Rent (SAFMR) and Payment Standard.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: PHAs may request a suspension or
temporary exemption from using SAFMRs. A PDD PHA can request a
suspension or temporary exemption from the requirement to use
SAFMRs, and HUD can provide such an extension, through this waiver
process rather than following the requirements and process outlined
in PIH Notice 2018-1, which would normally be required.
Reason Waived: This waiver is to temporarily exempt the PHA from
implementing SAFMRs will allow the PHA to prioritize recovery
efforts and allow for the housing market to stabilize before the
PHAs can adequately assess and apply SAFMRs when fluctuating rental
prices and lack of supply stabilized.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#a0f0e9e8ffe5d8d0c5c4c9d4c5c4fff7c1c9d6c5d2d3e0c8d5c48ec7cfd6"><span class="__cf_email__" data-cfemail="3d6d74756278454d585954495859626a5c544b584f4e7d554859135a524b">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL003................... Tampa Housing Authority.... 11/19/2024
------------------------------------------------------------------------
<bullet<ls-thn-eq> Regulation: 24 CFR part 985. Section 8
Management Assessment Program (SEMAP).
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: For a PDD PHA that has a SEMAP score due
during calendar year (CY) 2024 or CY2025 HUD may consider a request
to carry forward the last SEMAP score received by the PHA and forego
HUD performing an assessment for CY2024 or CY2025, as applicable. If
HUD grants this waiver, the PHA's next SEMAP assessment will occur
at the time an assessment would normally have been required had the
PHA received the same SEMAP score for CY2024 or CY2025, as
applicable.
Reason Waived: This waiver will reduce the administrative burden
for PHAs
[[Page 38498]]
experiencing a disruption of the PHA's administrative operations
caused by the disaster and the need to prioritize disaster relief
and recovery efforts.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#e8b8a1a0b7ad90988d8c819c8d8cb7bf89819e8d9a9ba8809d8cc68f879e"><span class="__cf_email__" data-cfemail="f4a4bdbcabb18c8491909d809190aba3959d82918687b49c8190da939b82">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet<ls-thn-eq> Regulation: 24 CFR 5.801(c) and (d)(1):
Uniform Financial Reporting Standards, Filing of Financial Reports,
Reporting Compliance Dates.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024)
Nature of Requirement: For PDD PHAs with a deadline to submit
only audited financial information in accordance with 24 CFR
5.801(b) and (d) within six months after the date of the disaster
related to the PDD, HUD may consider a request to waive the due
date. For PDD PHAs with a deadline to submit unaudited financial
information in accordance with 24 CFR 5.801(b) and (d) within 120
days before and up to six months after the date of the disaster
related to the PDD, HUD may consider a request to waiver the due
date. HUD may consider requests from PDD PHAs with financial
submission due dates that fall outside these requirements. The
deadline for submission of financial information in accordance with
24 CFR 5.801(b) and the deadline for submission of unaudited
financial statements may be extended to 180 calendar days, and the
deadline for submission of audited financial statements may be
extended to 13 months.
Reason Waived: REAC grants an extension for the submission of
financial audits for entities in presidentially declared disaster
areas to allow affected entities to focus on disaster response and
recovery efforts while prioritizing public safety and effective
resource management. Financial audits will need to be submitted once
conditions stabilize to maintain compliance and accountability.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#19495051465c61697c7d706d7c7d464e78706f7c6b6a59716c7d377e766f"><span class="__cf_email__" data-cfemail="42120b0a1d073a3227262b3627261d15232b34273031022a37266c252d34">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
VQ001................... Virgin Island Housing 9/9/2024
Authority.
FL003................... Tampa Housing Authority.... 11/19/2024
NC140................... WNCSOURCE.................. 11/7/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 902. Public Housing Assessment
System.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: For PDD PHAs with fiscal year end (FYE)
dates within four months before and up to 10 months after the
effective date of the PDD, HUD may consider a request to waive the
physical inspection and scoring of public housing projects, as
required under 24 CFR part 902. For situations beyond the PHA's
control, HUD may consider requests from PDD PHAs with a FYE date
that falls outside these dates.
Reason Waived: REAC defers the submission and release of PHAS
scores for the presidentially declared disaster areas. This delay
recognizes the operational challenges posed by disaster events and
ensures fairness and accuracy in the assessment process. PHAS scores
will be released the following year after recovery efforts have
progressed sufficiently to ensure accurate reporting.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#bdedf4f5e2f8c5cdd8d9d4c9d8d9e2eadcd4cbd8cfcefdd5c8d993dad2cb"><span class="__cf_email__" data-cfemail="84d4cdccdbc1fcf4e1e0edf0e1e0dbd3e5edf2e1f6f7c4ecf1e0aae3ebf2">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL002................... Housing Authority City of 11/7/2024
St. Petersburg.
FL003................... Tampa Housing Authority.... 11/19/2024
------------------------------------------------------------------------
<bullet> Regulation: 24 CFR 905.306: Extension of Deadline for
Programmatic Obligation and Expenditure of Capital Funds.
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024).
Nature of Requirement: The regulation does not permit extensions
of the expenditure dates other than for the period of a HUD approved
extension of the obligation deadline. HUD may extend both the
obligation end date and the expenditure end date for all Capital
Fund grants during a PDD. However, no programmatic expenditure end
date shall be extended beyond one month prior to the closure of the
relevant appropriation account, pursuant to 31 U.S.C. 1552.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
Notice FR-6438-N-01 allows administrative flexibilities during
presidentially declared disasters using a streamlined process. This
allows families to be housed more quickly in the aftermath of a
disaster when the need for and access to housing is hampered by the
disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#98c8d1d0c7dde0e8fdfcf1ecfdfcc7cff9f1eefdeaebd8f0edfcb6fff7ee"><span class="__cf_email__" data-cfemail="18485150475d60687d7c716c7d7c474f79716e7d6a6b58706d7c367f776e">[email protected]</span></a>.
[[Page 38499]]
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
FL003................... Tampa Housing Authority.... 11/19/2024
------------------------------------------------------------------------
<bullet<ls-thn-eq> Regulation: 24 CFR 990.145(b)(2): Dwelling
Units with Approved Vacancies
Project/Activity: Regulatory Waivers and Administrative
Flexibilities During a Presidentially Declared Disaster, for Public
Housing Agencies During CY 2024 and CY 2025 FR-6438-N-01 (February
5, 2024)
Nature of Requirement: If a PDD PHA has one or more units that
have been vacated due to a PDD, then the PDD PHA, with HUD approval,
may treat the unit as an ``approved vacancy.'' Upon the request of a
PDD PHA and HUD approval, on a case-bycase basis, such units may be
considered approved vacancies for the time approved by HUD.
Effective date of vacant unit must align with the date of the
emergency/or significant disaster event that resulted in the PDD.
Reason Waived: Disaster impacted the ability of families to
provide the necessary documentation verifying eligibility, thus
delaying the ability of the PHA to provide assistance to the family.
Notice FR-6438-N-01 allows administrative flexibilities during
presidentially declared disasters using a streamlined process. This
allows families to be housed more quickly in the aftermath of a
disaster when the need for and access to housing is hampered by the
disaster.
Granted by: Richard Monocchio, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Contact: Tesia Anyanaso, Office of Field Operations/Coordination
and Compliance Division, Office of Public and Indian Housing 451 7th
Street SW, Suite 3180, Washington, DC 20410, or email to
<a href="/cdn-cgi/l/email-protection#bfeff6f7e0fac7cfdadbd6cbdadbe0e8ded6c9dacdccffd7cadb91d8d0c9"><span class="__cf_email__" data-cfemail="f1a1b8b9aeb48981949598859495aea6909887948382b1998495df969e87">[email protected]</span></a>.
------------------------------------------------------------------------
Code PHAs Waiver signed
------------------------------------------------------------------------
NC055................... Valdese Housing Authority.. 11/19/2024
FL007................... Daytona Beach Housing 12/23/2024
Authority.
------------------------------------------------------------------------
[FR Doc. 2025-15123 Filed 8-7-25; 8:45 am]
BILLING CODE 4210-67-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.