30-Day Notice Waiver for Continuum of Care Program (CoC Builds); Notice of Waiver
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Issuing agencies
Abstract
This notice announces a waiver, granted by the Secretary, through the Deputy Secretary, of the minimum 30-day application period required under section 102(a) of the HUD Reform Act for the Continuum of Care Program (CoC Builds) notice of funding opportunity (NOFO), which was published on HUD's website on September 5, 2025 (FR-6902-N- 25A).
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Notices]
[Pages 47809-47810]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19318]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6570-N-01]
30-Day Notice Waiver for Continuum of Care Program (CoC Builds);
Notice of Waiver
AGENCY: Office of the Deputy Secretary, HUD.
ACTION: Notice of waiver.
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SUMMARY: This notice announces a waiver, granted by the Secretary,
through the Deputy Secretary, of the minimum 30-day application period
required under section 102(a) of the HUD Reform Act for the Continuum
of Care Program (CoC Builds) notice of funding opportunity (NOFO),
which was published on HUD's website on September 5, 2025 (FR-6902-N-
25A).
FOR FURTHER INFORMATION CONTACT: For information regarding this notice,
contact Felicia Gaither, Acting Deputy Assistant Secretary for Special
Needs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 7th Street SW, Washington, DC 20011;
telephone number (202) 402-6009 (this is not a toll-free number); email
<a href="/cdn-cgi/l/email-protection#db98b49899aeb2b7bfa89b938e9ff5bcb4ad"><span class="__cf_email__" data-cfemail="91d2fed2d3e4f8fdf5e2d1d9c4d5bff6fee7">[email protected]</span></a>. HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech and communication disabilities. To learn more about how to
make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: Section 102(a) of the HUD Reform Act (42
U.S.C. 3545(a)) sets out the requirements for notice to the public
regarding assistance available from HUD. Section 102(a)(3) requires
publication of selection criteria not less than 30 days before the
deadline for applications or requests for assistance. On September 5,
2025, the Department published the FY2025 CoC Builds NOFO (FR-6902-N-
25A),
[[Page 47810]]
announcing the availability of $75 million in Fiscal Year 2023 CoC
funds, which were appropriated in the Consolidated Appropriations Act,
2023 (Pub. L. 117-328).
The September 5, 2025 NOFO announced a funding application deadline
of 3:00 p.m. EST on September 12, 2025. The period was less than the
30-day minimum application requirement under section 102(a)(3). Section
102(a)(5) of the Reform Act permits the Secretary to waive the minimum
30-day application period ``if the Secretary determines that the waiver
is required for appropriate response to an emergency''. The Secretary
is also required to publish, in the Federal Register, the reasons for
granting such a waiver.
The Secretary has granted a waiver of the 30-day minimum
application requirement for the previously referenced NOFO. It was
necessary for the Department to establish a short application period
for this NOFO to address certain exigent and emergency circumstances.
Specifically, HUD is required by statute to obligate the CoC funds
before they expire on September 30, 2025. Given that several activities
must occur prior to obligating this funding, such as conducting
eligibility and merit reviews of applications, HUD must ensure that
there is adequate time to complete all necessary actions before the
statutory deadline.
Due to the change in administration, the incoming administration
needed adequate time to review the prior administration's grantmaking
practices to ensure that HUD's future grantmaking activity aligned with
the current administration's policy priorities. The President then
issued Executive Order 14321: Ending Crime and Disorder on America's
Streets (E.O.) on July 24, 2025, which directed HUD to ``take immediate
steps to assess [its] discretionary grant programs'' and determine
whether to make changes in the grantees who should be prioritized based
on the factors outlined in the E.O. This led to the CoC Builds NOFO,
originally published in May 2025, being republished in September after
being re-evaluated to ensure grants would be awarded in a manner that
is consistent with the current administration's policy priorities,
including the addition of terms and conditions set forth in Executive
Order 14332: Improving Oversight of Federal Grantmaking, dated August
7, 2025. The issuance of Executive Order 14332 caused the publishing of
the NOFO to be further delayed as the NOFO required revision and
additional review at many levels to ensure that HUD's future
grantmaking activity aligned with the current administration's policy
priorities. September 5, 2025, was the earliest the NOFO could be
published while still meeting HUD's statutory requirement to obligate
the CoC funds before they expire on September 30, 2025.
While shortened, a 7-day application period is still sufficient
time for applicants to prepare and submit an application. Additionally,
the NOFO was streamlined to remove the requirement for narrative
responses in the merit review criteria. As such, the circumstances
demonstrated that an emergency existed that justified the granting of a
waiver of the 30-day application period required under section 102(a)
of the HUD Reform Act.
On September 14, 2025, the U.S. District Court for the District of
Rhode Island issued a temporary restraining order concerning this NOFO.
The Department is complying with the Court's order.
Andrew Hughes,
Deputy Secretary.
[FR Doc. 2025-19318 Filed 10-1-25; 8:45 am]
BILLING CODE 4210-67-P
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