Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2020

Published date05 April 2021
Citation86 FR 17624
Record Number2021-06920
SectionNotices
CourtHousing And Urban Development Department
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices
to attend this meeting. Written
comments may be submitted during the
project review period. No decisions
about the project will be made at the
Public Scoping Meeting. A separate
public hearing on the underlying project
approvals will be scheduled after the
completion of the Draft EIR/EIS.
The date, time, and location of the
next Public Scoping Meeting to satisfy
NEPA requirements is as follows:
Tuesday, April 27, 2021, 5 p.m. to
6:30 p.m. Pacific Time, https://zoom.us/
j/99228962849?pwd=dTZ6VEkwdW9
rR2cxM0dqOUhteWsxUT09 or call (669)
900–6833 (Meeting ID: 992 2896 2849,
Passcode: 757989).
HCID and HACLA want the meeting
to be open to those with Limited English
Proficiency and Individuals with
Disabilities. In order to ensure HCID and
HACLA are able to effectively
communicate with individuals in
another language or with disabilities,
including individuals with hearing,
vision or speech impairments, HACLA
will furnish appropriate auxiliary aids
and services, where necessary.
Examples of auxiliary aids and services
include amplification headsets,
language interpreters, note-takers,
transcription services, written materials
and large print materials.
To ensure availability, you are
advised to make your request for an
auxiliary aid or service at least 72 hours
prior to the meeting/event. Requests
should be directed to Jocelyn Aldana at
telephone number (213) 252–1037 or by
email at Jocelyn.aldana@hacla.org.
Puede obtener informacio
´n en espan
˜ol
sobre esta Reunion llamando a Jocelyn
Aldana al (213) 252–1037.
H. Lead Agencies
HCID is the Responsible Entity and
lead agency for this project’s EIS in
accordance with 24 CFR part 58,
‘‘Environmental Review Procedures for
Entities Assuming HUD Environmental
Responsibilities.’’ As the Responsible
Entity, HCID assumes the responsibility
for environmental review, decision-
making, and action that would
otherwise apply to HUD under NEPA.
The project may use Community
Development Block Grant Program
(CDBG) funds (42 U.S.C. 5301 et seq.),
HOME Investment Partnerships Program
(HOME) funds (42 U.S.C. 12701 et seq.),
Section 202 Project Rental Assistance
Contract (PRAC) funds (12 U.S.C.
1701q), Section 8 Project-Based
Vouchers (PBV) and Rental Assistance
Demonstration Project-Based Vouchers
(RAD PBV) (42 U.S.C. 1437f), or Section
811 Developmentally Disabled Vouchers
(42 U.S.C. 8013). In addition, HACLA is
the CEQA lead agency and is
responsible for preparing an EIR.
Kevin J. Bush,
Deputy Assistant Secretary for Economic
Development.
[FR Doc. 2021–06929 Filed 4–2–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6210–N–03]
Notice of Regulatory Waiver Requests
Granted for the Third Quarter of
Calendar Year 2020
AGENCY
: Office of the General Counsel,
HUD.
ACTION
: Notice.
SUMMARY
: Section 106 of the Department
of Housing and Urban Development
Reform Act of 1989 (the HUD Reform
Act) requires HUD to publish quarterly
Federal Register notices of all
regulatory waivers that HUD has
approved. Each notice covers the
quarterly period since the previous
Federal Register notice. The purpose of
this notice is to comply with the
requirements of section 106 of the HUD
Reform Act. This notice contains a list
of regulatory waivers granted by HUD
during the period beginning on July 1,
2020 and ending on September 30,
2020, including those made pursuant to
the CARES Act.
FOR FURTHER INFORMATION CONTACT
: For
general information about this notice,
contact Aaron Santa Anna, Associate
General Counsel for Legislation and
Regulations, Department of Housing and
Urban Development, 451 Seventh Street
SW, Room 10282, Washington, DC
20410–0500, telephone 202–708–5300
(this is not a toll-free number). Persons
with hearing- or speech-impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at 800–877–8339.
For information concerning a
particular waiver that was granted and
for which public notice is provided in
this document, contact the person
whose name and address follow the
description of the waiver granted in the
accompanying list of waivers that have
been granted in the third quarter of
calendar year 2020.
SUPPLEMENTARY INFORMATION
: Section
106 of the HUD Reform Act added a
new section 7(q) to the Department of
Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides
that:
1. Any waiver of a regulation must be
in writing and must specify the grounds
for approving the waiver;
2. Authority to approve a waiver of a
regulation may be delegated by the
Secretary only to an individual of
Assistant Secretary or equivalent rank,
and the person to whom authority to
waive is delegated must also have
authority to issue the particular
regulation to be waived;
3. Not less than quarterly, the
Secretary must notify the public of all
waivers of regulations that HUD has
approved, by publishing a notice in the
Federal Register. These notices (each
covering the period since the most
recent previous notification) shall:
a. Identify the project, activity, or
undertaking involved;
b. Describe the nature of the provision
waived and the designation of the
provision;
c. Indicate the name and title of the
person who granted the waiver request;
d. Describe briefly the grounds for
approval of the request; and
e. State how additional information
about a particular waiver may be
obtained.
Section 106 of the HUD Reform Act
also contains requirements applicable to
waivers of HUD handbook provisions
that are not relevant to the purpose of
this notice.
This notice follows procedures
provided in HUD’s Statement of Policy
on Waiver of Regulations and Directives
issued on April 22, 1991 (56 FR 16337).
In accordance with those procedures
and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.
This notice covers waivers of
regulations granted by HUD from July 1,
2020 through September 30, 2020. 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 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.
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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 § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are in
time sequence beginning with the
earliest-dated regulatory waiver.
Additionally, this notice includes
waivers made pursuant to the
Coronavirus Aid, Relief and Economic
Security Act (CARES Act), not
previously published in the Federal
Register. These waivers are listed
separately from other individual
waivers within each program office
grouping, as CARES Act waivers
broadly covered all affected parties
rather than individual, case-by-case
situations. The lists include all
Memoranda and Notices issued
regarding broad CARES Act waivers
provided by HUD since the enactment
of the Act on March 27, 2020. In
addition, the lists provide a short, two-
or three-line description of each memo
or notice, identifying the specific
CARES Act authority and purpose of the
waivers addressed therein.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the third quarter of calendar year 2020)
before the next report is published (the
fourth quarter of calendar year 2020),
HUD will include any additional
waivers granted for the third quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Damon Y. Smith,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development July 1, 2020 Through
September 30, 2020
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.
Regulation: 24 CFR 92.252(d)(1)
Utility Allowance Requirements.
Project/Activity: The City of Los
Angeles, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of
the utility allowance established by
local public housing agency (PHA) for a
HOME-assisted project—King 1101
Apartments.
Nature of Requirement: The
regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to
establish maximum monthly allowances
for utilities and services (excluding
telephone) and update the allowances
annually. However, participating
jurisdictions are not permitted to use
the utility allowance established by the
local public housing authority for
HOME-assisted rental projects for which
HOME funds were committed on or
after August 23, 2013.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: July 20, 2020.
Reason Waived: The HOME
requirements for establishing a utility
allowances conflict with Project Based
Voucher program requirements. It is not
possible to use two different utility
allowances to set the rent for a single
unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and
non-HOME assisted units in a project.
Contact: Virginia Sardone, Director,
Office of Affordable Housing Programs,
Office of Community Planning and
Development. Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC
20410, telephone (202) 402–4606.
Regulation: 24 CFR 92.252(d)(1)
Utility Allowance Requirements.
Project/Activity: The City of Oxnard,
California, and the County of San Luis
Obispo, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of
the utility allowance established by the
local public housing agency (PHA) for
three HOME-assisted projects—Ormond
Beach Villas, Bishop Street Studios, and
Rolling Hills Apartment II.
Nature of Requirement: The
regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to
establish maximum monthly allowances
for utilities and services (excluding
telephone) and update the allowances
annually. However, participating
jurisdictions are not permitted to use
the utility allowance established by the
local public housing authority for
HOME-assisted rental projects for which
HOME funds were committed on or
after August 23, 2013.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: July 20, 2020.
Reason Waived: The HOME
requirements for establishing a utility
allowances conflict with Project Based
Voucher program requirements. It is not
possible to use two different utility
allowances to set the rent for a single
unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and
non-HOME assisted units in a project.
Contact: Virginia Sardone, Director,
Office of Affordable Housing Programs,
Office of Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC
20410, telephone (202) 402–4606.
Regulation: 24 CFR 92.252(d)(1)
Utility Allowance Requirement.
Project/Activity: Contra Costa County,
San Mateo County, and Los Angeles
County, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of
the utility allowance established by the
local public housing agency (PHA) for
three HOME-assisted projects—Blue
Hibiscus Apartments, Bay Meadows,
and Virginia Lane Apartments.
Nature of Requirement: The
regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to
establish maximum monthly allowances
for utilities and services (excluding
telephone) and update the allowances
annually. However, participating
jurisdictions are not permitted to use
the utility allowance established by the
local public housing authority for
HOME-assisted rental projects for which
HOME funds were committed on or
after August 23, 2013.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 22, 2020.
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
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unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and
non-HOME assisted units in a project.
Contact: Virginia Sardone, Director,
Office of Affordable Housing Programs,
Office of Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC
20410, telephone (202) 402–4606.
Regulation: 24 CFR 92.252(d)(1)
Utility Allowance Requirements.
Project/Activity: The Georgia
Department of Community Affairs
requested a waiver of 24 CFR
92.252(d)(1) on behalf of the Georgia
Housing Finance Agency to allow use of
the utility allowance established by the
local public housing agency (PHA) for
Hearthstone Landing Apartments, a
HOME-assisted project.
Nature of Requirement: The
regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to
establish maximum monthly allowances
for utilities and services (excluding
telephone) and update the allowances
annually. However, participating
jurisdictions are not permitted to use
the utility allowance established by the
local public housing authority for
HOME-assisted rental projects for which
HOME funds were committed on or
after August 23, 2013.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 22, 2020.
Reason Waived: The HOME
requirements for establishing a utility
allowances conflict with Project Based
Voucher program requirements. It is not
possible to use two different utility
allowances to set the rent for a single
unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and
non-HOME assisted units in a project.
Contact: Virginia Sardone, Director,
Office of Affordable Housing Programs,
Office of Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC
20410, telephone (202) 402–4606.
Regulation: 24 CFR 92.504(a)
Participating Jurisdiction
Responsibilities and Written
Agreements.
Project/Activity: The State of Colorado
requested a waiver of 24 CFR 92.504(a)
to permit it to amend the written
agreement for the Oakwood Apartments,
a HOME-assisted project, to change the
unit mix and number of HOME units
specified at the time of project
commitment.
Nature of Requirement: The
regulation at 24 CFR 92.504(a) requires
that a participating jurisdiction ensure
that HOME funds are used in
accordance with all program
requirements and written agreements.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: August 13, 2020.
Reason Waived: The waiver permits
the State to change the unit mix and
number of HOME units specified in the
written agreement by eliminating one
two-bedroom HOME unit and replacing
it with two one-bedroom HOME units.
Without this waiver, the State would
not be able to demolish one residential
building containing one HOME-assisted
unit and construct additional affordable
housing units on the site. The
demolition of one residential building is
necessary for the new construction
project due to zoning requirements for
the site. The State is aware that the
demolition triggers the one-for-one
replacement and other requirements of
Section 104(d) of the Housing and
Community Development Act and that
the Uniform Relocation Act
requirements also apply. The State will
amend the written agreement and
restrictive covenants for the HOME
project to reflect the new unit mix,
however, the existing 30-year period of
affordability for the project will remain
intact and the State will maintain
HOME tenant protections for the current
tenants of HOME-assisted units. This
waiver will permit the State to expand
the supply of affordable rental housing
in Colorado by creating a net of 45
additional rental units on the site and
increasing the total number of HOME-
assisted units.
Contact: Virginia Sardone, Director,
Office of Affordable Housing Programs,
Office of Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 7160, Washington, DC
20410, telephone (202) 402–4606.
Regulation: 24 CFR 576.2,
definition of ‘‘homeless,’’ (l)(iii).
Project/Activity: An individual may
qualify as homeless under paragraph
(1)(iii) the homeless definition in 24
CFR 576.2 so long as he or she is exiting
an institution where they resided for
120 days or less and resided in an
emergency shelter or place not meant
for human habitation immediately
before entering that institution. This
waiver is in effect until March 31, 2021.
Nature of Requirement: An individual
who is exiting an institution where he
or she resided for 90 days or less and
who resided in an emergency shelter or
place not meant for human habitation
immediately before entering that
institution are considered homeless per
24 CFR 576.2, definition of ‘‘homeless.’’
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: Recipients are
reporting that program participants are
residing in institutions for longer
periods of time as a result of COVID–19
(e.g., longer time in jail due to a
postponed court dates due to court
closings or courts operating at reduced
capacity and longer hospital stays when
infected with COVID–19). Allowing
someone who was residing in an
emergency shelter or place not meant
for human habitation prior to entering
the institution to maintain their
homeless status while residing in an
institution for longer than 90 days is
necessary to prevent the spread of
COVID–19 by expanding housing
options for people who were
experiencing homelessness and
institutionalized for longer than
traditionally required due to COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone
number (202) 708–4300.
Regulation: 24 CFR 578.3,
definition of ‘‘homeless,’’ (l)(iii).
Project/Activity: An individual may
qualify as homeless under paragraph
(1)(iii) the homeless definition in 24
CFR 578.3 so long as he or she is exiting
an institution where they resided for
120 days or less and resided in an
emergency shelter or place not meant
for human habitation immediately
before entering that institution.
Nature of Requirement: An individual
who is exiting an institution where he
or she resided for 90 days or less and
who resided in an emergency shelter or
place not meant for human habitation
immediately before entering that
institution are considered homeless per
24 CFR 578.3, definition of ‘‘homeless.’’
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: Recipients are
reporting that program participants are
residing in institutions for longer
periods of time as a result of COVID–19
(e.g., longer time in jail due to a
postponed court dates due to court
closings or courts operating at reduced
capacity and longer hospital stays when
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infected with COVID–19). Allowing
someone who was residing in an
emergency shelter or place not meant
for human habitation prior to entering
the institution to maintain their
homeless status while residing in an
institution for longer than 90 days is
necessary to prevent the spread of
COVID–19 by expanding housing
options for people who were
experiencing homelessness and
institutionalized for longer than
traditionally required due to COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone
number (202) 708–4300.
Regulation: 24 CFR 578.3,
definition of permanent housing, 24
CFR 578.51(1)(1).
Project/Activity: The one-year lease
requirement is waived for leases
executed between the date of this
memorandum and December 31, 2020,
so long as the initial term of all leases
is at least one month.
Nature of Requirement: Program
participants residing in PSH must be the
tenant on a lease for a term of at least
one year that is renewable and
terminable for cause.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: HUD originally
waived this requirement for 6-months
on March 31, 2020 to help recipients
more quickly identify permanent
housing for individuals and families
experiencing homelessness, which is
helpful in preventing the spread of
COVID–19. Extending this waiver is
necessary because recipients continue to
need to help program participants
identify housing quickly to help prevent
the spread of COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone
number (202) 708–4300.
Regulation: 24 CFR 578.7(a)(8).
Project/Activity: 24 CFR 578.7(a)(8) is
waived to the extent it is necessary to
lift the requirement in Section 11.B.15
of the Notice Establishing Additional
Requirements for a Continuum of Care
Centralized or Coordinated Assessment
System for 1-year.
Nature of Requirement: 24 CFR
578.7(a)(8) requires CoCs to comply
with any requirements established by
HUD by Notice regarding the centralized
or coordinated assessment system. One
Notice provision states the CoC must
solicit feedback at least annually from
participating projects and households
that participated in coordinated entry to
evaluate the quality and effectiveness of
the entire coordinated entry experience.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: CoCs are reporting
limited staff capacity as staff members
are home for a variety of reasons related
to COVID–19 (e.g., quarantining,
children home from school, working
elsewhere in the community to manage
the COVID–19 response). Waiving the
annual coordinated entry planning and
stakeholder consultation process as
provided below will allow recipients to
focus their limited staff capacity on
activities related to preventing the
spread of COVID19 and helping
program participants remain housed
during the subsequent economic
downturn.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR 578.33(c).
Project/Activity: The requirement that
the renewal grant amount be based on
the budget line items in the final year
of the grant being renewed is further
waived for all projects that amend their
grant agreement between October 1,
2020 and December 31, 2020 to move
funds between budget line items in a
project in response to the COVID–19
pandemic. Recipients may then apply in
the next FY CoC Program funding cycle
based on the budget line items in the
grants before they were amended.
Nature of Requirement: 24 CFR
578.33(c) requires that budget line item
amounts a recipient is awarded for
renewal in the CoC Program
Competition will be based on the
amounts in the final year of the prior
funding period of the project.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: HUD originally
waived this requirement for grant
agreement amendments signed between
March 31, 2020 and October 1, 2020 to
allow recipients to move funds between
budget line items in a project in
response to the COVID–19 pandemic
and still apply for renewal in the next
FY CoC Program funding cycle based on
the budget line items in the grants
before they were amended. Recipients
continue to report needing to shift
budget line items to respond to the
COVID–19 pandemic (e.g., providing
different supportive service necessitated
by the pandemic or serving fewer
people because the layout of the
housing does not meet local social
distancing recommendations) without
changing the original design of the
project when it is not operating in a
public health crisis and can resume
normal operations.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR
578.37(a)(l)(ii)(F).
Project/Activity: The requirement in
24 CFR 578.37(a)(l)(ii)(F) that projects
require program participants to meet
with case managers not less than once
per month is waived for all permanent
housing-rapid re-housing projects from
the date of this memorandum until
December 31, 2020.
Nature of Requirement: Recipients
must require program participants of
permanent housing -rapid re-housing
projects to meet with a case manager at
least monthly.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: HUD originally
waived this requirement for 2-months
on March 31, 2020 and subsequently for
3-month on May 22, 2020. Recipients
are continuing to report limited staff
capacity as staff members are home for
a variety of reasons related to COVID–
19 (e.g., quarantining, children home
from school, working elsewhere in the
community to manage the COVID–19
response). In addition, not all program
participants have capacity to meet via
phone or internet. Waiving the monthly
case management requirement as
specified below will allow recipients to
provide case management on an as
needed basis and reduce the possible
spread and harm of COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
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Regulation: 24 CFR 578.49(b)(2).
Project/Activity: The FMR restriction
continues to be waived for any lease
executed by a recipient or subrecipient
to provide transitional or permanent
supportive housing from the date of this
memorandum until December 31, 2020.
The affected recipient or subrecipient
must still ensure that rent paid for
individual units that are leased with
leasing dollars meet the rent
reasonableness standard in 24 CFR
578.49(b)(2).
Nature of Requirement: Rent
payments for individual units with
leasing dollars may not exceed Fair
Market Rent (FMR).
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: HUD originally
waived this requirement for 6-months
on March 31, 2020. Extending this
waiver on the limit on using grant
leasing funds to pay above FMR for
individual units, but not greater than
reasonable rent will assist recipients in
locating additional units to house
individuals and families experiencing
homelessness and reduce the spread
and harm of COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR 578.75(b)(l).
Project/Activity: NY–603–Long Island
Continuum of Care (CoC) reallocated 11
Permanent Supportive Housing (PSH)
projects in the FY 2018 CoC Program
Competition, which affects almost 300
program participants—many with
disabilities, who face returning to
homelessness. The interim rule requires
certain documentation requirements
and imposes eligibility requirements
which severely limits potential available
housing options for program
participants to transfer into other CoC
Program-funded projects.
Nature of Requirement: 24 CFR
278.75(b)(1) requires that recipients or
subrecipients physically inspect each
unit to assure that it meets HQS before
any assistance will be provided for that
unit on behalf of a program participant.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: On March 31, 2020,
HUD waived the physical inspection
requirement at 24 CFR 578.75(b)(l) for 6-
months so long as recipients or
subrecipients were able to visually
inspect the unit using technology to
ensure the unit met HQS before any
assistance was provided and recipients
or subrecipients had written policies in
place to physically reinspect the unit
within 3 months after the health
officials determined special measures to
prevent the spread of COVID–19 are no
longer necessary. However, this
standard still relies on program
participants or landlords having the
technology to carry out this virtual
inspection. Waiving the initial
inspection requirement at 24 CFR
578.75(b)(l) as further specified below
will allow recipients to move people
from the streets and shelters into
housing more quickly, which enables
social distancing, and helps prevent the
spread of COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR 578.75(c) and
24 CFR 982.401(d)(2)(ii) as required by
24 CFR 578.75(b).
Project/Activity: The requirement that
the each unit assisted with CoC Program
funds or YHDP funds have at least one
bedroom or living/sleeping room for
each two persons is waived for
recipients providing Permanent
Housing-Rapid Rehousing assistance for
leases and occupancy agreements
executed by recipients and
subrecipients between the date of this
memorandum and December 31, 2020
and extending only until the later of (1)
the end of the initial term of the lease
or occupancy agreement; or (2)
December 31, 2020.
Nature of Requirement: 24 CFR
578.75(c), suitable dwelling size, and 24
CFR 982.401(d)(2)(ii) as required by 24
CFR 578.75(b), Housing Quality
Standards, requires units funded with
CoC Program funds to have at least one
bedroom or living/sleeping room for
each two persons.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: Households
experiencing homelessness are often
unable to afford the limited supply of
affordable housing in many jurisdictions
across the country and this has been
made even more challenging due to the
economic impact of COVID–19.
Additionally, moving to housing instead
of congregate shelter reduces the spread
of COVID–19. Waiving this requirement
will allow households to obtain
permanent housing that is affordable
and that they assess is adequate.
Consistent with the Executive Order on
Fighting the Spread of COVID–19 by
Providing Assistance to Renters and
Homeowners, grantees should balance
use of this waiver with the
recommendations of public health
officials to limit community spread and
reduce risks to high-risk populations.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR 578.103(a) and
24 CFR 578.103(a)(4)(i)(B).
Project/Activity: The requirement that
intake staff-recorded observation of
disability be confirmed and
accompanied by other evidence no later
than 45 days from the application for
assistance documentation requirement
is waived from publication of this
waiver until public health officials
determine no additional special
measures are necessary to prevent the
spread of COVID–19.
Nature of Requirement: Recipients
providing PSH must serve individuals
and families where one member of the
household has a qualifying disability
(for dedicated projects and
DedicatedPLUS projects that individual
must be the head of household).
Further, the recipient must document a
qualifying disability of one of the
household members. When
documentation of disability is the intake
worker’s observation, the regulation
requires the recipient to obtain
additional confirming evidence within
45 days.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: On March 31, 2020
HUD waived the requirement to obtain
additional evidence within 45 days and
instead allowed recipients up to 6-
months from the date of application for
assistance to confirm intake staff-
recorded observations of disability with
other evidence because recipients were
reporting difficulty obtaining third-party
documentation of a disability in the
middle of a pandemic, impacting their
ability to house potential program
participants quickly. However,
recipients are still reporting difficulty
obtaining third-party documentation
because of the continuing pandemic, so
HUD is now entirely waiving the
requirement at 24 CFR
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578.103(a)(4)(i)(B) that recipients obtain
additional evidence to verify intake
staff-recorded observations of disability
to allow recipients’ until the end of the
pandemic. This will permit intake staff
to house people quickly by relying on
intake-staff recorded observation of a
disability.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
Regulation: 24 CFR
578.103(a)(7)(iv).
Project/Activity: The waiver of the
requirement at 24 CFR 578.103(a)(7)(iv)
that the recipient or subrecipient may
only rely on program participant self-
certification of income if the other
permitted types of documentation are
unobtainable when conducting the
initial or subsequent rent or occupancy
charge calculations is in effect from the
date of this memorandum until
December 31, 2020. During this time, 24
CFR 578.103(a)(7)(iv) is waived to the
extent necessary to allow recipients or
subrecipients to document annual
income with the written certification by
the program participant of the amount
of income that the program participant
is reasonably expected to receive over
the 3-month period following the
evaluation, even if source documents
and third-party 4 verification, are
obtainable.
Nature of Requirement: 24 CFR
578.103(a)(7) requires the recipient or
subrecipient to keep records of the
program participant’s income and the
back-up documentation they relied on
to determine income. The regulation
establishes an order of preference for the
type of documentation that recipients
can rely upon.
Granted By: John Gibbs, Acting
Assistant Secretary for Community
Planning and Development.
Date Granted: September 30, 2020.
Reason Waived: HUD understands
that documentation may be difficult to
obtain as a result of COVID–19
pandemic; therefore, waiving the
requirement that source documents and
third-party documentation be
unobtainable in order for recipients or
subrecipients to rely on a program
participant’s own certification of their
income will help recipients and
subrecipients house program
participants more quickly and
determine the appropriate rent
contribution or occupancy charge.
Moving people experiencing
homelessness more quickly into housing
enables social distancing and helps
prevent the spread of COVID–19.
Contact: Norm Suchar, Director,
Office of Special Needs Assistance
Programs, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 7262,
Washington, DC 20410, telephone (202)
708–4300.
II. Regulatory Waivers Granted by the
Office of Housing—Federal Housing
Administration (FHA)
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.
Regulation: 24 CFR 200.73 (c).
Project/Activity: Pendleton III
Apartments, Cincinnati, Ohio, Project
No., one listed
Nature of Requirement: HUD’s
regulation at 24 CFR 200.73 (c) requiring
that ‘‘not less than five rental dwelling
units [of an FHA insured multifamily
housing project] shall be on one site.
Section 3.1.CC of the 2016 MAP Guide
permits a project with two or more non-
contiguous parcels of land when the
parcels comprise one marketable,
manageable real estate entity. Prudential
Huntoon Paige Associates, LLC has
applied for mortgage insurance under
the Section 221(d)(4) program for
Pendleton III Apartments. The proposal
is to combine eighteen separate,
scattered site, Section 8 assisted
properties known as Pendleton III into
a single manageable property consisting
of 78 total affordable units. The property
consists of eighteen sites scattered
across a half mile radius area of
downtown Cincinnati. Ten of the
eighteen sites have fewer than 5 units.
Granted by: Dana T. Wade, Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: September 18, 2020.
Reason Waived: The waiver will meet
HUD’s goal of preserving and
maintaining affordable rental housing
for low income families. The project is
a low risk to the Department due to its
continuing availability of Section 8
rental assistance for most units.
Contact: Patricia M. Burke, Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW, Washington, DC
20410, telephone (202) 402–5693.
Regulation: 24 CFR 242.58(b)(ii)
and 24 CFR 242.58(b)(iv).
Project/Activity: Englewood Hospital
and Medical Center, Englewood, New
Jersey
Nature of Requirement: 24 CFR
242.58(b)(ii) and (b)(iv) require the
submission of quarterly financial
statements to HUD within 40 days after
the end of the Borrower’s fiscal quarter,
and requires the submission of annual
audited financial statements to HUD
within 120 days after the end of the
Borrower’s fiscal year.
Granted By: Dana T. Wade, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: September 18, 2020.
Reason Waived: The Borrower
required the extension to allow for
additional time to finalize its financial
reports at the end of each reporting
period.
Contact: Paul Giaudrone,
Underwriting Director, Office of
Hospital Facilities, Office of Healthcare
Programs, Office of Housing,
Department of Housing and Urban
Development, 409 3rd Street SW, Room
Washington DC 20024, telephone (202)
402–5684.
Regulation: 24 CFR 266.410(e).
Project/Activity: Colorado Housing
and Finance Authority (CHFA), no
project name or number listed.
Nature of Requirement: The 24 CFR
266.410(e), which requires mortgages
insured under the 542(c) Housing
Finance Agency Risk Sharing Program
to be fully amortized over the term of
the mortgage. The waiver would permit
CHFA to use balloon loans that would
have a minimum term of 17 years and
a maximum amortization period of 40
years for the projects identified in the
‘‘Multifamily Pipeline Projects’’.
Granted by: Dana T. Wade, Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: July 28, 2020.
Reason Waived: The waiver was
granted to allow Colorado Housing and
Finance Authority’s (CHFA) clients
additional financing options to their
customers and to align CHFA business
practices with industry standards, thus
furthering the creation of a preservation
of affordable housing throughout
Colorado.
The regulatory waiver is subject to the
following conditions:
1. The waiver is limited to nine (9)
transactions and expires on July 31,
2021.
2. Colorado Housing and Finance
Authority must elect to take 50 percent
or more of the risk of loss on all
transactions;
3. Mortgages made under this waiver
may have amortization periods of up to
40 years, but with a minimum term of
17 years;
4. All other requirements of 24 CFR
266.410—Mortgage Provision remain
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applicable. The waiver is applicable
only to loans made under Colorado
Housing and Finance Authority’s Risk
Sharing Agreement;
5. In accordance with 24 CFR
266.200(d), the mortgage may not
exceed an amount supportable by the
lower of the Section 8 or comparable
unassisted rents;
6. Projects must comply with Davis-
Bacon labor standards in accordance
with 24 CFR 266.225;
7. Colorado Housing and Finance
Authority must comply with regulations
stated in 24 CFR 266.210 for insured
advances or insurance upon completion
transactions;
8. The loans exceeding $50 million
require a separate waiver request;
9. Occupancy is no less than 93
percent for previous 12 months of the
HFA loan to be refinanced;
10. No defaults in the last 12 months
of the HFA loan to be refinanced;
11. A 20-year affordable housing deed
restriction placed on title that conforms
to the Section 542(c) statutory
definition;
12. A Property Capital Needs
Assessment (PCNA) must be performed
and funds escrowed for all necessary
repairs, and reserves funded for future
capital needs; and
13. For projects subsidized by Section
8 Housing Assistance Payment (HAP)
contracts:
i. a: Owner agrees to renew HAP
contract(s) for 20-year term, (subject to
appropriations and statutory
authorization, etc.), and b: In
accordance with regulations in 24 CFR
883.306(e), and Housing Notice 2012–
14—Use of ‘‘New Regulation’’ Section 8
Housing Assistance Payments (HAP)
Contracts Residual Receipts of Offset
Project-Based Section 8 Housing
Assistance Payments, if at any time
Colorado Housing and Finance
Authority determines that a project’s
excess funds (surplus cash) after project
operations, reserve requirements and
permitted distributions are met,
Colorado Housing and Finance
Authority must place the excess funds
into a separate interest-bearing account.
Upon renewal of a HAP Contract the
excess funds can be used to reduce
future HAP payments or other project
operations/purposes. When the HAP
Contract expires, is terminated, or any
extensions are terminated, any unused
funds remaining in the Residual Receipt
Account at the time of the contract’s
termination must be returned.
Contact: Patricia M. Burke, Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW, Washington, DC
20410, telephone (202) 402–5693.
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.
Regulation: 24 CFR 985.105(d).
Project/Activity: Greenfield Housing
Authority requested to change their
troubled Section Eight Management
Assessment Program (SEMAP) rating.
Nature of Requirement: 24 CFR
985.105(d) requires that the Department
of Housing and Urban Development
(HUD) conduct an on-site confirmatory
review of a Public Housing Agency’s
(PHA’s) performance before changing
any annual overall performance rating
from troubled to standard or high
performer.
Granted By: R. Hunter Kurtz,
Assistant Secretary, Public and Indian
Housing.
Date Granted: September 24, 2020.
Reason Waived: PHAs rely on their
SEMAP designation to indicate to the
public and other stakeholders the health
and performance of their Housing
Choice Voucher (HCV) program.
Moreover, in accordance with 24 CFR
985.107(f), HUD shall change a PHA’s
overall performance rating from
troubled to standard or high performer
if HUD determines that a change in the
rating is warranted because of improved
PHA performance and an improved
SEMAP score. The PHA believed it
would receive a higher rating and be
removed from the designation of
SEMAP Troubled if HUD’s review were
done remotely. Therefore, in lieu of the
on-site confirmatory review and in
accordance with HUD’s modified
operational procedures in response to
the COVID–19 pandemic, HUD
determined good cause to waive 24 CFR
985.105(d) and permit the field office to
perform a remote SEMAP quality
control review of the documentation
necessary to confirm the accuracy of the
PHA’s SEMAP certification.
Contact: Danielle Bastarache, Deputy
Assistant Secretary, Office of Public
Housing and Voucher Programs, Office
of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW,
Room 4202, Washington, DC 20410,
telephone (202) 402–5264.
Regulation: 24 CFR 982.517; 24 CFR
983.301(f)(2)(ii).
Project/Activity: Housing Authority of
the City of Annapolis requested a
project-specific utility allowance for a
Project Based Voucher (PBV) project.
Nature of Requirement: For the
Housing Choice Voucher (HCV)
program, 24 CFR 982.517 requires that
a PHA maintain a utility allowance
schedule for all tenant-paid utilities,
and the utility allowance schedule must
be determine based on the typical cost
of utilities and services paid by energy-
conserving households that occupy
units of similar size and type in the
same locality. For the PBV program, 24
CFR 983.301(f)(2)(ii) requires that PHAs
may not establish or apply different
utility allowance amounts for the PBV
program, and that the same PHA utility
allowance schedule applies to both the
tenant-based and PBV programs.
Granted By: R. Hunter Kurtz,
Assistant Secretary, Public and Indian
Housing.
Date Granted: September 24, 2020.
Reason Waived: The PHA requested a
waiver to establish a site-specific utility
allowance for a PBV project and
provided justification for the request.
The PHA submitted an analysis of
utility rates for the community and
consumption data of project residents.
Due to the energy efficient upgrades at
the project, the community
consumption estimates are significantly
higher than the consumption expected
at the site. Thus, the PHA demonstrated
good cause that the utility allowance
provided under the HCV program would
discourage conservation and ultimately
lead to inefficient use of HAP funds at
the PBV project. Thus, pursuant to the
waiver authority provided at 24 CFR
5.110, HUD determined that there was
good cause to waive 24 CFR
983.301(f)(2)(ii) and 24 CFR 982.5 17.
Contact: Danielle Bastarache, Deputy
Assistant Secretary, Office of Public
Housing and Voucher Programs, Office
of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW,
Room 4202, Washington, DC 20410,
telephone (202) 402–5264.
Regulation: 24 CFR 982.517; 24 CFR
983.301(f)(2)(ii).
Project/Activity: Housing Authority of
the City of Austin requested a project-
specific utility allowance for a Project
Based Voucher (PBV) project.
Nature of Requirement: For the
Housing Choice Voucher (HCV)
program, 24 CFR 982.517 requires that
a PHA maintain a utility allowance
schedule for all tenant-paid utilities,
and the utility allowance schedule must
be determine based on the typical cost
of utilities and services paid by energy-
conserving households that occupy
units of similar size and type in the
same locality. For the Project Based
Voucher (PBV) program, 24 CFR
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983.301(f)(2)(ii) requires that PHAs may
not establish or apply different utility
allowance amounts for the PBV
program, and that the same PHA utility
allowance schedule applies to both the
tenant-based and PBV programs.
Granted By: R. Hunter Kurtz,
Assistant Secretary, Public and Indian
Housing.
Date Granted: September 24, 2020.
Reason Waived: The PHA requested a
waiver to establish a site-specific utility
allowance for a PBV project and
provided justification for the request.
The PHA submitted an analysis of
utility rates for the community and
consumption data of project residents.
Due to the energy efficient upgrades at
the project, the community
consumption estimates are significantly
higher than the consumption expected
at the site. Thus, the PHA demonstrated
good cause that the utility allowance
provided under the HCV program would
discourage conservation and ultimately
lead to inefficient use of HAP funds at
the PBV project. Thus, pursuant to the
waiver authority provided at 24 CFR
5.110, HUD determined that there was
good cause to waive 24 CFR
983.301(f)(2)(ii) and 24 CFR 982.5 17.
Contact: Danielle Bastarache, Deputy
Assistant Secretary, Office of Public
Housing and Voucher Programs, Office
of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW,
Room 4202, Washington, DC 20410,
telephone (202) 402–5264.
Regulation: 24 CFR 985.101(a).
Project/Activity: Edinburg Housing
Authority requested for HUD to accept
a late submission for its Section Eight
Management Assessment Program
(SEMAP) certification and HUD issue a
new SEMAP score.
Nature of Requirement: 24 CFR
985.101(a) requires a Public Housing
Agency (PHA) to submit the HUD-
required SEMAP certification form
within 60 calendar days after the end of
its fiscal year. Failure of a PHA
submitting its SEMAP certification by
the set deadline results in an overall
performance rating of troubled. The
PHA’s SEMAP certification is subject to
HUD verification by an on-site
confirmatory review.
Granted By: R. Hunter Kurtz,
Assistant Secretary, Public and Indian
Housing.
Date Granted: September 24, 2020.
Reason Waived: In response to the
COVID–19 pandemic, in Section 11.b. of
Notice PIH 2020–13, HUD notified
PHAs administering the Housing Choice
Voucher (HCV) program that have a
SEMAP score pending as of the date of
the notice, and for any PHA with a fiscal
year ending on or before December 31,
2020, HUD would not issue a new
SEMAP score and would carry forward
the most recent SEMAP score on record
unless the PHA requests a new SEMAP.
The PHA requested that HUD accept a
late submission for the SEMAP
certification, and a new score be issued.
The PHA received an overall rating
score as high and standard performer on
its two prior SEMAP certifications in
2018 and 2019, respectively. Due to
these circumstances and pursuant to the
waiver authority provided at 24 CFR 5.1
10, HUD determined there was good
cause to waive 24 CFR 985.101(a) to
permit the PHA to submit its SEMAP
certification after the deadline for its
fiscal year ending March 31, 2020. The
PHA was advised to request a new
SEMAP score through HUD’s local field
office.
Contact: Danielle Bastarache, Deputy
Assistant Secretary, Office of Public
Housing and Voucher Programs, Office
of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW,
Room 4202, Washington, DC 20410,
telephone (202) 402–5264.
HUD’s Summary of CARES Act Notices
Providing Waivers 3/31/20 to 9/30/20
Authority: Coronavirus Aid, Relief,
and Economic Security Act (CARES
Act) and regulatory waiver authority is
also provided by 24 CFR 5.110 and
91.600.
Office of Community Planning and
Development (CPD)
1. CPD Memo: Availability of Waivers
of CPD Grant Program and Consolidated
Plan Requirements to Prevent the
Spread of COVID–19 and Mitigate
Economic Impacts Caused by COVID–19
for CoC, ESG, and HOPWA.
Date Issued: March 31, 2020
Purpose: This memorandum explains
the availability of waivers of certain
regulatory requirements associated with
several CPD grant programs (HOPWA,
ESG, CoC) to prevent the spread of
COVID–19 and to facilitate assistance to
eligible communities and households
economically impacted by COVID–19.
2. CPD Memo: CARES Act
Flexibilities for ESG and HOPWA Funds
Used to Support Coronavirus Response
and Plan Amendment Waiver.
Date Issued: May 4, 2020
Purpose: Announced the allocations
and provides guidance regarding the
first $3 billion in HUD CARES Act
funding, including $1 billion for ESG
grantees, $2 billion for Community
Development Block Grant (CDBG)
grantees, and $53.7 million for Housing
Opportunities for Persons With AIDS
(HOPWA) grantees.
3. CPD Memo: Availability of
Additional Waivers for CPD Grant
Programs to Prevent the Spread of
COVID–19 and Mitigate Economic
Impacts Caused by COVID–19.
Date Issued: May 22, 2020
Purpose: This memorandum explains
the availability of waivers of certain
regulatory requirements and one NOFA
requirement associated with several
CPD grant programs to prevent the
spread of COVID–19 and to facilitate
assistance to eligible communities and
households economically impacted by
COVID–19. This memorandum covers
program-specific waivers for the
following CPD programs: Housing
Opportunities for Persons with AIDS
(HOPWA); Continuum of Care (CoC);
Youth Homelessness Demonstration
Program (YHDP); and Emergency
Solutions Grants Program. This
memorandum also announces a
simplified notification process for
recipients of these programs to use this
waiver flexibility to expedite the
delivery of assistance.
4. Notice CPD–20–05: CARES Act
Implementation Instructions and
Related Flexibilities for the HOPWA
Program: HOPWA APR/CAPER
Submission.
Date Issued: May 8, 2020
Purpose: This Notice provides
instructions for implementing the
Coronavirus Aid, Relief, and Economic
Security (CARES) Act, Public Law 116–
136, provisions to the HOPWA program,
and provides additional information for
HOPWA grantees and project sponsors
related to coronavirus disease 2019
(COVID–19) response.
5. Notice CPD 20–07: Guidance on
conducting environmental reviews
pursuant to 24 CFR part 58 for activities
undertaken in response to the public
health emergency as a result of COVID–
19.
Date Issued: August 6, 2020
Purpose: The purpose of this Notice is
to provide guidance on environmental
review processing for activities needed
to respond to the public health
emergency as a result of COVID–19.
This Notice describes:
Types of activities that meet the
environmental review exemption at 24
CFR 58.34(a)(10) for improvements
necessary to respond to an imminent
threat to public safety; The process for
using HUD’s expedited public notice
and condensed comment periods for
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environmental reviews during a
Presidentially-declared disaster or a
locally declared emergency; a Table of
Activities that lists examples of the
types of activities that are typically
needed to address a public health
emergency organized by the level of
environmental review required; and,
prior HUD guidance on environmental
review processing for activities
undertaken in response to a
Presidentially-declared disaster or local
emergency focused on activities related
to clearing debris, protecting buildings
from further damage, and protecting the
public from damaged structures.
6. Notice CPD–20–08: Waivers and
Alternative Requirements for the ESG
Program Under the CARES Act.
Date Issue: September 1, 2020
Purpose: This Notice announces the
allocation formula, amounts, and
requirements for the additional $3.96
billion in funding provided for the
Emergency Solutions Grants Program
(ESG) under the Coronavirus Aid,
Relief, and Economic Security Act
(CARES Act). These ESG–CV funds
must be used to prevent, prepare for,
and respond to coronavirus, among
individuals and families who are
homeless or receiving homeless
assistance and to support additional
homeless assistance and homelessness
prevention activities to mitigate the
impacts created by coronavirus.
7. CPD Memo: Availability of
Additional Waivers for CPD Grant
Programs to Prevent the Spread of
COVID–19 and Mitigate Economic
Impacts Caused by COVID–19.
Date Issued: September 30, 2020
Purpose: Waiver regarding the
homeless definition—Temporary Stays
in Institutions of 90 Days or Less.
Paragraph (1)(iii) of the homeless
definition in 24 CFR 576.2 is waived to
the extent that an individual may
qualify as homeless so long as he or she
is exiting an institution where they
resided for 120 days or less and resided
in an emergency shelter or place not
meant for human habitation
immediately before entering that
institution. The waiver is in effect until
March 31, 2021.
Office of Public and Indian Housing
1. DLL–2020–05: Re-verification of
employment, Exterior-Only and
Desktop-Only Appraisal Scope of Work
Options and Tax Transcripts for the
Section 184 Indian Home Loan and
Section 184A Native Hawaiian Housing
Loan Guarantee Programs Impacted by
COVID–19.
Date Issued: 4/9/20
Purpose: The purpose of this Dear
Lender Letter is to inform lenders and
appraisers of HUD’s authorization of the
temporary modification of requirements
for re-verification of employment,
appraisals, and IRS tax transcripts.
2. PIH Notice 2020–05: COVID–19
Statutory and Regulatory Waivers for
the Public Housing, Housing Choice
Voucher, Indian Housing Block Grant
and Indian Community Development
Block Grant programs, Suspension of
Public Housing Assessment System and
Section Eight Management Assessment
Program.
Date Issued: 4/10/20
Purpose: HUD waived and established
alternative requirements for numerous
statutory and regulatory requirements
for the Public Housing program,
Housing Choice Voucher (HCV)
program, Indian Housing Block Grant
(IHBG) program, and Indian Community
Development Block Grant (ICDBG)
program. This notice also provides
information on additional actions HUD
is taking, including the temporary
suspension of the Public Housing
Assessment System (PHAS) and the
Section Eight Management Assessment
Program (SEMAP). The waivers provide
administrative flexibilities and relief to
PHAs, Indian tribes, and TDHEs in
response to the COVID–19 national
emergency.
3. PIH Notice 2020–07:
Implementation of Supplemental
Guidance to the Federal Fiscal Year
2020 Operating Fund Appropriations:
Date Issued: 4/28/20
Purpose: This Notice provides
guidance on the allocation and eligible
uses of the Supplemental Public
Housing Operating funding provided
pursuant to the CARES Act (Pub. L.
116–136), as well as the additional
flexibilities provided pursuant to the
CARES Act to use previously
appropriated Capital and Operating
Funds to enable PHAs to prevent,
prepare for, and respond to coronavirus.
Additional waivers included in this
notice include 24 CFR 990.210, 24 CFR
990.280(b), 24 CFR 990.280(b)(5) and
temporarily resetting cost limitation
established in 24 CFR 905.314(h).
4. DLL–20–06: Section 184 Indian
Home Loan Guarantee program (Section
184) and Section 184A Native Hawaiian
Housing Loan Guarantee program
(Section 184A) loss mitigation options
and clarification of eviction moratorium
under Section 4024 of the Coronavirus
Aid, Relief, and Economic Security Act
(CARES Act); extension of foreclosure
moratorium under the CARES Act; and
extension of loan processing related
flexibilities.
Date Issued: 5/19/20
Purpose: Extends the foreclosure and
related evictions moratoriums and the
loan processing flexibilities that expired
on May 20, 2020 through June 30, 2020.
5. DLL–20–08: Section 184 Indian
Home Loan Guarantee program (Section
184) and Section 184A Native Hawaiian
Housing Loan Guarantee program
(Section 184A) extension of foreclosure
and related evictions moratorium and
loan processing flexibilities in
connection with the Presidentially
Declared COVID–19 National
Emergency.
Date Issued: 6/29/20
Purpose: Extends the foreclosure and
related evictions moratoriums and the
loan processing flexibilities through
August 31, 2020.
6. PIH Notice 2020–13: COVID–19
Statutory and Regulatory Waivers and
Alternative Requirements for the Public
Housing, Housing Choice Voucher,
Indian Housing Block Grant and Indian
Community Development Block Grant
programs, Suspension of Public Housing
Assessment System and Section Eight
Management Assessment Program,
Revision 1.
Date Issued: 7/2/20
Purpose: In this notice, HUD restates
the waivers and alternative
requirements established previously in
Notice PIH 2020–05, provides
additional waivers and alternative
requirements, extends the periods of
availability for previously established
waivers and alternative requirements,
and issues technical amendments to
several of the previously established
waivers and alternative requirements.
This Notice also carries forward
information on previously specified
HUD actions, such as the temporary
suspension of the Public Housing
Assessment System (PHAS) and the
Section Eight Management Assessment
Program (SEMAP).
7. PIH Notice 2020–20: Section 8
Moderate Rehabilitation Program—
CARES Act Supplemental HAP Funding
Allocation and COVID–19 Waivers and
Alternative Requirements.
Date Issued: 8/26/20
Purpose: This notice implements
funding provisions for the Section 8
Moderate Rehabilitation (Mod Rehab)
Program under the CARES Act (Pub. L.
116–36). In addition, pursuant to the
waiver authority provided under the
CARES Act, through this notice HUD is
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waiving and establishing alternative
requirements for numerous statutory
and regulatory requirements for the
Section 8 Mod Rehab program to
expedite or facilitate the use of these
amounts to prevent, prepare for, and
respond to coronavirus. HUD strongly
encourages PHAs to utilize any and all
waivers and alternative requirements as
necessary to keep the Section 8 Mod
Rehab program operational, to the
extent practicable, during the period the
program is impacted by coronavirus.
This notice applies solely to the Mod
Rehab Program administered by the
Office of Housing Voucher Programs,
Office of Public and Indian Housing
(PIH). It does not apply to the Section
8 Moderate Rehabilitation Single Room
Occupancy (SRO) Program administered
by the Office of Community Planning
and Development in accordance with 24
CFR part 882, subpart H.
8. DLL–2020–10: Section 184 Indian
Home Loan Guarantee program (Section
184) and Section 184A Native Hawaiian
Housing Loan Guarantee program
(Section 184A) extension of foreclosure
and eviction moratorium and loan
processing flexibilities in connection
with the Presidentially Declared
COVID–19 National Emergency.
Date Issued: 8/28/20
Purpose: Extends the foreclosure and
related evictions moratoriums and the
loan processing flexibilities through
October 31, 2020.
9. PIH Notice 2020–22: CARES Act
Implementation for the Mainstream
Voucher Program—Non-Competitive
Opportunity for Additional Vouchers
Authorized by the CARES Act,
Temporary Waivers and Alternative
Requirements, and Modified 2020
Housing Assistance Payment (HAP)
Renewal Calculation.
Date Issued: 9/8/20
Purpose: This notice provides
additional waivers and alternative
requirements that apply only to
Mainstream vouchers and may be
applied in addition to the waivers and
alternative requirements provided in
PIH Notice 2020–13; additional
Mainstream Voucher Temporary
Waivers and Alternative Requirements
can be found in Section 3 of this Notice.
The Secretary has determined that these
waivers and alternative requirements
are necessary for the safe and effective
administration of the HCV program,
consistent with the purposes described
under the CARES Act, to prevent,
prepare for, and respond to COVID–19.
10. PIH Notice 2020–24: Extension of
Period of Availability for CARES Act
Supplemental Public Housing and
Housing Choice Voucher Funds,
Guidance on CARES Act Financial
Reporting Requirements (FDS and
Quarterly Reporting), and Other CARES
Act Provisions.
Date Issued: 9/14/20
Purpose: The Notice extends the
deadline for PHAs to expend the
Supplemental Public Housing Operating
Funds; The Notice extends the deadline,
for PHAs to expend the CARES Act HCV
Supplemental HAP and Administrative
Fees (including such funds provided for
the Mainstream Program), and the
CARES Act Moderate Rehabilitation
Program Supplemental HAP funds; The
Notice extends the waiver authority of
central office cost center (COCC) fees in
excess of the safe harbor amounts to the
fees charged to the CARES Act
supplemental HCV and Mainstream
Administrative Fees and provides
further implementation guidance for
PHAs that used CARES Act
supplemental Operating Funds or HCV
and Mainstream Administrative Fees
under this waiver authority; HUD has
extended the unaudited submission due
date for PHAs with a 6/30/2020 FYE by
60 days, from 08/31/2020 to 10/30/2020;
The Notice provides financial reporting
requirements and sub-regulation
guidance on CARES Act supplemental
funds (Public Housing Operating Fund,
HCV, Mainstream Voucher and
Moderate Rehabilitation programs) for
PHA year-end Financial Data Schedule
(FDS) reporting; and the Notice provides
guidance on the implementation of
CARES Act supplemental funds
quarterly reporting requirements. FDS
and CARES Act quarterly reporting for
Moving to Work (MTW) PHAs and the
COCC is also provided in this Notice.
11. PIH Notice 2020–27: Waiver of
Undisbursed Funds Factor (UDFF)
Requirements Under the Indian Housing
Block Grant Program for Fiscal Year
2021.
Date Issued: 9/30/20
Purpose: Due to the pandemic, IHBG
recipients are facing significant
impediments to administering their
IHBG programs. Given significant
impediments, HUD has determined that
a waiver of the UDFF under 24 CFR
1000.342 for the FY 2021 IHBG formula
allocations is necessary to expedite and
facilitate the use of IHBG–CARES funds.
The waiver provided in this Notice only
affects the FY 2021 IHBG formula
allocations—and does not apply to
IHBG formula allocations in years
beyond FY 2021.
12. DLL–2020–12: Section 184 Indian
Home Loan Guarantee Program (Section
184) and Section 184A Native Hawaiian
Housing Loan Guarantee Program
(Section 184A) Extension of Re-
verification of Employment and Tax
Transcript Flexibilities and Updated
Appraisal Flexibilities in Connection
with the COVID–19 National
Emergency.
Date Issued: 10/30/20
Purpose: Section 184 Indian Home
Loan Guarantee Program (Section 184)
and Section 184A Native Hawaiian
Housing Loan Guarantee Program
(Section 184A) Extension of Re-
verification of Employment and Tax
Transcript Flexibilities and Updated
Appraisal Flexibilities in Connection
with the COVID–19 National
Emergency.
13. PIH Notice 2020–33: COVID–19
Statutory and Regulatory Waivers and
Alternative Requirements for the Public
Housing, Housing Choice Voucher
(including Mainstream and Mod Rehab),
Indian Housing Block Grant and Indian
Community Development Block Grant
programs, Suspension of Public Housing
Assessment System and Section Eight
Management Assessment Program,
Revision 2.
Date Issued: 11/30/20
Purpose: This Notice restates the
waivers and alternative requirements
included previously in Notice PIH
2020–13, carries forward information on
previously specified HUD actions, adds
new waivers and alternative
requirements, and incorporates the
waivers and alternative requirements for
Mainstream vouchers and the Mod
Rehab Program. In addition, this Notice
extends the period of availability of
certain waivers, such as those related to
Income Verification and Annual
Examinations, until June 30, 2021.
[FR Doc. 2021–06920 Filed 4–2–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/
A0A51010.999900]
Indian School Equalization Program
(ISEP) and ISEP Student
Transportation Funding Formulas
AGENCY
: Bureau of Indian Affairs,
Interior.
ACTION
: Notice of Tribal listening
session and public meetings.
SUMMARY
: The Bureau of Indian
Education (BIE) will conduct Tribal
listening sessions to obtain oral and
written comments on the Indian School
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