Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2021
| Court | Housing And Urban Development Department |
| Citation | 86 FR 66574 |
| Record Number | 2021-25566 |
| Section | Notices |
| Published date | 23 November 2021 |
Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)
[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66574-66582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25566]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6268-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2021
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2021 and ending on June 30, 2021.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (this is not a toll-free number). 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
[[Page 66575]]
whose name and address follow the description of the waiver granted in
the accompanying list of waivers that have been granted in the second
quarter of calendar year 2021.
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 April
1, 2021 through June 30, 2021. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2021) before the next report is published (the third
quarter of calendar year 2021), HUD will include any additional waivers
granted for the second quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Damon Smith,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2021 Through June
30, 2021
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
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 91.105(b)(4), (c)(2), and (k); 24
CFR 91.115(b)(4), (c)(2), and (i); and 24 CFR 91.401.
Project/Activity: Any HUD Community Planning and Development
(CPD) grantee in the preparation of their FY 2021 Consolidated Plan
or Annual Action Plan and FY 2021 Plan substantial amendments,
through August 16, 2021.
Nature of Requirement: The regulations at 24 CFR 91.105(b)(4),
(c)(2) and (k); 24 CFR 91.115(b)(4), (c)(2), and (i); and 24 CFR
91.401 require a 30-day public comment period in the development of
a consolidated plan and prior to the implementation of a substantial
amendment.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: May 12, 2021.
Reason Waived: There was an error in the announced FY 2021 CDBG
formula allocations, causing all CDBG grants, except Insular Area
grants, to be less than what should have been allocated by formula.
This error was corrected, and updated CDBG FY 2021 allocations were
posted and transmitted to grantees. To expedite grantees' ability to
incorporate the increase in funding caused by the FY 2021 allocation
error, HUD waived the regulations at 24 CFR 91.105(b)(4), (c)(2) and
(k); 24 CFR 91.115(b)(4), (c)(2), and (i); and 24 CFR 91.401 and
reduced the public comment period for grantees preparing FY 2021
plans and amendments from 30 days to no less than three days.
Contact: James E. H[ouml]emann, Director, Entitlement
Communities Division, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7282, Washington, DC 20410, telephone (202) 402-5716.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The New Hampshire Housing Finance Agency
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--Arthur H. Nickless Jr.
Housing for the Elderly, Conway Pines II, and Friars Court I.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions (PJs) 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 15, 2021.
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
[[Page 66576]]
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 Cities of Los Angeles and Salinas 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--
Haciendas Phase III, Firestone Phoenix, and Winnetka Senior
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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 30, 2021.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner 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 State of California, San Luis Obispo
County, and the City of Irvine 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--Sango Court, Oak Park 3, and Salemo 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: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 1, 2021.
Reason Waived: The HOME requirements for establishing utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner 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, U.S. Department of Housing and Urban Development,
451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone
(202) 402-4606.
Regulation: 24 CFR 92.500(d)(2)(i)(C) Program
Expenditure Deadline.
Project/Activity: The City of Baton Rouge, Louisiana requested a
waiver of 24 CFR 92.500(d)(2)(i)(C) to waive the requirement to
expend its annual allocation of HOME funds within five years for
Fiscal Year (FY) 2014.
Nature of Requirement: The regulation at 24 CFR
92.500(d)(2)(i)(C) requires participating jurisdictions to expend
its annual allocation of HOME funds within five years after HUD
notifies the PJ that it has executed the jurisdiction's HOME
Investment Partnerships Agreement. Any HOME funds unexpended by the
PJ's five-year expenditure deadline are required to be deobligated
by HUD.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 20, 2021.
Reason Waived: On August 14, 2016, President Barack Obama issued
a major disaster declaration for the State of Louisiana as the
result of severe storms and flooding. Construction timelines
increased due to the number and severity of damaged housing stock.
The Department has determined that a waiver of the City's FY 2014
HOME expenditure requirement is justified based on the construction
delays caused by the severe storms and flooding.
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 92.2, 24 CFR 93.2, 24 CFR
92.504(d)(1)(i), and 24 CFR 93.404(d)(1) Project Completion and
Inspection Requirements.
Project/Activity: The Minnesota Housing Finance Agency (MHFA)
requested waivers of 24 CFR 92.2, 24 CFR 93.2, 24 CFR
92.504(d)(1)(i), and 24 CFR 93.404(d)(1) to waive the HOME Program
and Housing Trust Fund regulations defining ``project completion''
at 24 CFR 92.2 and 93.2 and requiring onsite inspections at project
completion at 24 CFR 92.504(d)(1)(i) and 93.404(d)(1) for three
projects--White Oaks Estates (HOME and HTF), Dublin Apartments
(HOME), and Park 7 Apartments (HTF).
Nature of Requirement: The regulations at 24 CFR 92.2 and 92.3
require that the project meet the HOME or HTF property standards
requirements, as applicable, to meet the definition of ``project
completion.'' In addition, the regulation at 24 CFR 92.504(d)(1)(i)
requires participating jurisdictions to inspect each HOME-assisted
project at project completion to determine that the project meets
the property standards of 24 CFR 92.251. The regulation at 24 CFR
93.404(d)(1) requires that HTF grantees perform onsite inspections
of each HTF-assisted project at project completion to determine that
the housing meets the property standards of 24 CFR 93.301.
Granted By: James Arthur Jemison II, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 9, 2021.
Reason Waived: The MHFA Commissioner issued an order on December
9, 2020, suspending all site visits involving physical inspections
by MHFA staff within any part of occupied properties. The
Commissioner's order responded to the COVID-19 pandemic and
implemented Governor Tim Walz's Emergency Executive Order 20-99,
which required work from home whenever possible and strongly
discouraged any business or personal travel. In its waiver request,
MHFA indicated it will conduct the delayed onsite inspections within
90 days of the resumption of staff ability to complete onsite
inspections.
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.
Regulations: 24 CFR 574.310(b)(2).
Project/Activity: Property Standards for HOPWA.
Nature of Requirement: This section of the HOPWA regulations
provides minimum housing quality standards that apply to all housing
for which HOPWA funds are used for acquisition, rehabilitation,
conversion, lease, or repair; new construction of single room
occupancy dwellings and community residences; project or tenant-
based rental assistance; or operating costs under 24 CFR
574.300(b)(3), (4), (5), or (8).
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: On March 31, 2020 HUD waived the physical
inspection requirement for tenant-based rental assistance at 24 CFR
574.310(b) for one year. On May 22, 2020 HUD waived the physical
inspection requirement for acquisition, rehabilitation, conversion,
lease, or repair; new construction of single room occupancy
dwellings and community residences; project or tenant-based rental
assistance; or operating costs for one year. On March 31, 2021, HUD
again waived this requirement for all applicable housing types until
June 30, 2021. HUD determined that while many social distancing
measures that were making it difficult to conduct unit inspections
are being lifted, it continues to be important to move people
quickly into their own housing to enable social distancing and
prevent the spread of COVID-19. Additionally, HUD recognized that
grantees and project sponsors needed time to prepare staff to
physically inspect units for HQS. Therefore, HUD extended the waiver
until September 30, 2021.
[[Page 66577]]
Applicability: This waiver is in effect until September 30, 2021
for grantees and project sponsors that can meet the following
criteria:
1. The grantee or project sponsor can visually inspect the unit
using technology, such as video streaming, to ensure the unit meets
HQS before any assistance is provided; and
2. The grantee or project sponsor has written policies to
physically reinspect the units not previously physically inspected
by December 31, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. [email protected].
Regulations: 24 CFR 574.320(a)(2).
Project/Activity: FMR Rent Standard for HOPWA Rental Assistance.
Nature of Requirement: Grantees must establish rent standards
for their rental assistance programs based on FMR (Fair Market Rent)
or the HUD-approved community-wide exception rent for unit size.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived the FMR rent standard
requirement for tenant-based rental assistance for one year on March
31, 2020. On May 22, 2020 HUD waived this requirement for one year
for all rental assistance types. On March 31, 2021, HUD again waived
this requirement for all rental assistance types until June 30,
2021. HUD determined that extending this waiver of the FMR rent
standard limit, while still requiring that the unit be rent
reasonable in accordance with Sec. 574.320(a)(3), will assist
grantees and project sponsors in locating additional units to house
low-income people living with HIV in tight rental markets and reduce
the spread and harm of COVID-19.
Applicability: The FMR requirement continues to be waived until
December 31, 2021. Grantees and project sponsors must still ensure
the reasonableness of rent charged for a unit in accordance with
Sec. 574.320(a)(3).
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. [email protected].
Regulations: 24 CFR 574.330(a)(1).
Project/Activity: Time Limits for Short-Term Supported Housing.
Nature of Requirement: A short-term supported housing facility
may not provide residence to any individual for more than 60 days
during any six-month period. Short-Term Rent, Mortgage, and Utility
(STRMU) payments to prevent the homelessness of the tenant or
mortgagor of a dwelling may not be provided for costs accruing over
a period of more than 21 weeks in any 52-week period.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement on May 22,
2020 to prevent homelessness or discharge to unstable housing
situations for households residing in short-term housing facilities
or units assisted with STRMU if permanent housing could not be
achieved within the time limits specified in the regulation. HUD
again waived this requirement on March 31, 2021 until June 30, 2021.
Because grantees and project sponsors continue to report that
households require longer periods of assistance due to financial and
health-related hardships stemming from the COVID-19 pandemic, HUD
Extended this waiver until December 31, 2021, to help prevent
households from becoming homeless due to the economic impacts of
COVID-19.
Applicability: This waiver is made available for all HOPWA
grants except those covered by Notice CPD-20-05, which provides
special flexibility as authorized by the CARES Act for grants funded
under the CARES Act and for the portion of a grantee's FY 2020
formula funds that have been approved under its Annual Action Plan
(AAP) for allowable activities to prevent, prepare for, and respond
to the COVID-19 pandemic as described in section V. of Notice CPD-
20-05.
On an individual household basis, grantees or project sponsors
may assist eligible households for a period that exceeds the time
limits specified in the regulations. A short-term supported housing
facility may provide residence to any individual for a period of up
to 120 days in a six-month period. STRMU payments to prevent the
homelessness of the tenant or mortgagor of a dwelling may be
provided for costs accruing up to 52 weeks in a 52-week period.
This waiver is in effect until December 31, 2021 for grantees
and project sponsors that can meet the following criteria:
1. The grantee or project sponsor documents that a good faith
effort has been made on an individual household basis to assist the
household to achieve permanent housing within the time limits
specified in the regulations but that financial needs and/or health
and safety concerns have prevented the household from doing so; and
2. The grantee or project sponsor has written policies and
procedures outlining efforts to regularly reassess the needs of
assisted households as well as processes for granting extensions
based on documented financial needs and/or health and safety
concerns.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. [email protected].
Regulations: 24 CFR 574.530.
Project/Activity: Source Documentation for Income and HIV Status
Determinations.
Nature of Requirement: Each grantee must maintain records to
document compliance with HOPWA requirements, which includes
determining the eligibility of a family to receive HOPWA assistance.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived the requirement for source
documentation of income and HIV status on March 31, 2020 for
grantees that require written certification of the household seeking
assistance of their HIV status and income, and agree to obtain
source documentation of HIV status and income eligibility within 3
months of public health officials determining no additional special
measures are necessary to prevent the spread of COVID-19. HUD
recognized that while public health measures were lifting in many
areas of the country, grantees were reporting that obtaining
documentation still takes longer than usual because of reduced
staffing and hours of agencies and providers that can provide the
documentation during COVID-19. Additionally, HUD recognized that
grantees needed time to prepare staff and to re-adjust policies and
procedures to obtain source income of HIV status and income.
Therefore, HUD is continuing this waiver flexibility and is
establishing an end date of September 30, 2021.
Applicability: This waiver is in effect for grantees who require
written certification of the household seeking assistance of their
HIV status and income and agree to obtain source documentation of
HIV status and income eligibility by September 30, 2021.
Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410,
telephone (202) 402-5916. [email protected].
Regulation: 24 CFR 578.103(a)(7)(iv).
Project/Activity: 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. Only if source
documents and third-party verification are unobtainable is a written
certification from the program participant acceptable documentation
of income. HUD is waiving ``To the extent that source documents and
third-party verification are unobtainable'' in 578.103(a)(7)(iv).
Nature of Requirement: Where a program participant pays rent or
an occupancy charge in accordance with 24 CFR 578.77, 24 CFR
578.103(a)(7) requires recipients and subrecipients to keep on file
an income evaluation form specified by HUD along with one of the
following types of back-up documentation: (1) Source documents for
the assets held by the program participant and income received
before the date of the evaluation; (2) to the extent that source
documents are unobtainable, a written statement by the relevant
third party or the written certification of the recipient's or
subrecipient's intake staff of the relevant third party's oral
verification of the income the program participant received over the
most recent period; or (3) to the extent that source documents and
third-party verification are unobtainable, the program participant's
own written certification of income that the program participant is
[[Page 66578]]
reasonably expected to receive over the 3-month period following the
evaluation.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: On September 30, 2020, HUD waived the requirement
to attempt to document that third-party verification of income was
unobtainable in order for recipients and subrecipients to permit a
program participant's own self-certification of income until
December 31, 2020 because that documentation may be difficult to
obtain as a result of COVID-19 pandemic and housing program
participants quickly was important to prevent the spread of COVID-
19. On December 30, 2020, HUD extended this waiver to March 31,
2021. On March 31, 2021, HUD extended this waiver to June 30, 2021.
It continues to be important to move people into their own housing
quickly to enable social distancing and prevent the spread of COVID-
19. Additionally, recipients need time to prepare staff and to re-
adjust policies and procedures to obtain third-party documentation
of income as a first order of priority. Therefore, HUD is 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.
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 576.403(c).
Project/Activity: HUD granted a waiver of 24 CFR 576.403(c) in
Notice CPD-21-05: Waiver and Alternative Requirements for the
Emergency Solutions Grants (ESG) Program Under the CARES Act (April
14, 2021). HUD waived 24 CFR 576.403(c) for recipients who choose to
serve individuals and families made eligible for RRH assistance in
Section III.1 of CPD Notice 21-05 to the extent necessary to permit
the ESG recipient or subrecipient to provide rental assistance and
housing relocation and stabilization services without first
inspecting the unit so long as:
a. The recipient or subrecipient maintains documentation showing
the prior rental assistance provider determined that the housing
meets: i. The habitability standards established at 24 CFR
576.403(c); or ii. Housing Quality Standards (HQS) established at 24
CFR 982.401; or
b. The recipient or subrecipient provides no more than 90 days
of RRH assistance to the program participant; or
c. The recipient or subrecipient conducts an inspection within
the first 90 days and determines the housing meets the habitability
standards established at 24 CFR 576.403(c) or the HQS established at
24 CFR 982.401.
Nature of Requirement: Recipients or subrecipients cannot use
ESG funds to help program participants remain in or move into
housing that does not meet minimum habitability standards provided
at 24 CFR 576.403(c).
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 14, 2021.
Reason Waived: The habitability standards established at 24 CFR
576.403(c) are meant to ensure that program participants are
residing in housing that is safe and sanitary. Accepting the housing
inspection reports of previous rental assistance providers as
evidence and allowing up to 90 days to conduct initial inspections
to determine the housing is safe and sanitary will allow recipients
and subrecipients to provide rental assistance and housing
relocation and stabilization services to households that qualify for
RRH 6 assistance in Section III.1 of CPD Notice 21-05 without a gap
between their prior assistance and ESG funded RRH assistance while
still ensuring their housing is safe and sanitary. This will help
maintain positive relationships with landlords while helping program
participants maintain housing during the public health crisis and
subsequent economic downturn. This will reduce the spread and harm
of COVID-19 by enabling affected households to continue to socially
distance, isolate, or quarantine in their housing.
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 578.75(b)(1).
Project/Activity: This waiver of the requirement in 24 CFR
578.75(b)(1) that the recipient or subrecipient physically inspect
each unit to assure that the unit meets HQS before providing
assistance on behalf of a program participant is in effect until
September 30, 2021 for recipients and subrecipients that are able to
meet the following criteria:
a. The owner certifies that they have no reasonable basis to
have knowledge that life-threatening conditions exist in the unit or
units in question; and
b. The recipient or subrecipient has written policies to
physically inspect the units not previously physically inspected by
December 31, 2021.
Nature of Requirement: Recipients are required to physically
inspect any unit supported with leasing or rental assistance funds
to assure that the unit meets the housing quality standards (HQS)
before any assistance will be provided on behalf of a program
participant.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: On March 31, 2020, HUD waived the physical
inspection requirement at 24 CFR 578.75(b)(1) 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. On September 30,
2020, HUD waived the physical inspection requirement at 24 CFR
578.75(b)(1) until December 31, 2020, which HUD then extended until
March 31, 2021, so long as recipients and subrecipients could meet
certain criteria outlined in the waiver. HUD again extended the
waiver on March 31, 2021 until June 30, 2021, so long as recipients
and subrecipients could meet the criteria outlined in the waiver. It
continues to be important to move people quickly into their own
housing to enable social distancing and prevent the spread of COVID-
19. Additionally, recipients need time to prepare staff to inspect
(and re-inspect as discussed below) units for HQS. Therefore, HUD is
waiving the initial inspection requirement at 24 CFR 578.75(b)(1) as
further specified below to 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 number (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 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 Re-housing assistance for leases
and occupancy agreements executed by recipients and subrecipients
between the date of HUD's memorandum and December 31, 2021. Assisted
units with leases of occupancy agreements signed during the waiver
period may have more than two persons for each bedroom or living/
sleeping room until the later of (1) the end of the initial term of
the lease or occupancy agreement; or (2) December 31, 2021. As a
reminder, recipients are still required to follow State and local
occupancy laws.
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: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: On September 30, 2020, HUD waived the
requirements at 24 CFR 982.401(d)(2)(ii) and 24 CFR 578.75(c) to
allow households experiencing homelessness to obtain permanent
housing that is affordable and that they assess is adequate. HUD
extended these flexibilities on December 30, 2020 to the later of
(1) the end of the initial term of the lease or occupancy agreement;
or (2) March 31, 2021. HUD again extended these flexibilities on
March 31, 2021, to the later of (1) the end of the initial term of
the lease or occupancy agreement; or
[[Page 66579]]
(2) June 30, 2021. Recipients continue to report that households
experiencing homelessness remain 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. HUD is waiving the requirements at 24 CFR
982.401(d)(2)(ii) and 24 CFR 578.75(c) as further specified below to
reduce the spread of COVID-19 by allowing households to move into
housing instead of staying in congregate shelter. 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.
For example, a large unit with rooms than can be partitioned for
privacy and distancing, or the waiver can be applied for units that
will house only one family household.
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 578.33(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 agreements to move funds between budget line items in a
project in response to the COVID-19 pandemic between the date of
HUD's memorandum and December 31, 2021. 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: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021
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. HUD again waived
this requirement for all grant agreements signed from October 1,
2020 until December 31, 2020. HUD again waived this requirement for
all grants signed between December 30, 2020 and March 31, 2021. HUD
again waived this requirement for all grant agreements signed from
March 31, 2021 until June 30, 2021. Recipients continue to report
needing to shift budget line items to respond to the COVID-19
pandemic (e.g., providing different supportive services necessitated
by the pandemic and the economic impacts created 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 number (202) 708-4300.
Regulation: 24 CFR 578.37(a)(1)(ii)(F).
Project/Activity: The requirement in 24 CFR 578.37(a)(1)(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 until September 30, 2021.
Nature of Requirement: The CoC Program interim rule at 24 CFR
578.37(a)(1)(ii)(F) requires program participants to meet with a
case manager not less than once per month to assist them in ensuring
long-term housing stability. The project is exempt from this
requirement already if the Violence Against Women Act of 1994 or
Family Violence Prevention and Services Act prohibits the recipient
carrying out the project from making its shelter or housing
conditional on the participant's acceptance of services.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement for 2-
months on March 31, 2020. On May 22, 2020 HUD again waived this
requirement for an additional 3 months and on September 30, 2020 HUD
once again waived this requirement until December 31, 2020. On
December 30, 2020, HUD again waived this requirement until March 31,
2021. On March 31, 2021, HUD again waived this requirement until
June 30, 2021. While many social distancing measures that were
making it difficult to conduct the monthly case management are being
lifted, recipients need time to prepare staff to provide monthly
case management in accordance with the regulatory requirement.
Waiving the monthly case management requirement as specified below
will allow recipients time to shift back to providing case
management on a monthly basis instead of on an as-needed basis.
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 578.49(b)(2).
Project/Activity: The CoC Program regulation at 24 CFR
578.49(b)(2) prohibits a recipient from using grant funds for
leasing to pay above FMR when leasing individual units, even if the
rent is reasonable when compared to other similar, unassisted units.
Nature of Requirement: The FMR restriction continues to be
waived for any lease executed by a recipient or subrecipient to
provide transitional or permanent supportive housing until December
31, 2021. 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).
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement for 6-
months on March 31, 2020. On September 30, 2020 HUD again waived
this requirement until December 31, 2020. On December 30, 2020, HUD
again waived this requirement until March 31, 2021. On March 31,
2021, HUD again waived this requirement until June 30, 2021.
Extending this waiver of 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 in tight rental
markets 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 number (202) 708-4300.
Regulation: 24 CFR 578.3, definition of permanent
housing, 24 CFR 578.51(l)(1).
Project/Activity: The one-year lease requirement is waived for
leases executed between the date of HUD's memorandum and December
31, 2021, so long as the initial term of all leases is at least one
month.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)
requires program participants residing in permanent housing to be
the tenant on a lease for a term of one year that is renewable and
terminable for cause.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement for 6-
months on March 31, 2020, again until December 31, 2020 on September
30, 2020, again until March 31, 2021 on December 30, 2020, and again
on March 31, 2021 until June 30, 2021 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
report challenges in identifying housing for program participants in
tight rental markets due to the economic impact of COVID-19.
Additionally, helping program participants move into housing quickly
will continue to decrease the risk of people experiencing
homelessness of contracting COVID-19 even after special measures are
no longer necessary to 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
[[Page 66580]]
7262, Washington, DC 20410, telephone number (202) 708-4300.
Regulation: 24 CFR 578.53(e)(8)(ii)(B) and 578.53(d).
Project/Activity: The limitation on eligible housing search and
counseling activities is waived so that CoC Program funds may be
used for up to 6 months of a program participant's utility arrears
and up to 6 months of a program participant's rent arrears, when
those arrears make it difficult to obtain housing. This waiver is in
effect until December 31, 2021.
Nature of Requirement: 24 CFR 578.53(e)(8) allows recipients and
subrecipients to use CoC funds to pay for housing search and
counseling services to help eligible program participants locate,
obtain, and retain suitable housing. For program participants whose
debt problems make it difficult to obtain housing, 24 CFR
578.53(e)(8)(ii)(B) makes eligible the costs of credit counseling,
accessing a free personal credit report, and resolving personal
credit issues. However, payment of rental or utility arrears is not
included as an eligible cost. 24 CFR 578.53(d) limits eligible
supportive service costs to those explicitly listed in 24 CFR
578.53(e), which is a more limited list than is eligible under the
McKinney-Vento Act.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement for 1-year
on March 31, 2020 and, on March 31, 2021 extended the waiver until
June 30, 2021, to allow recipients and subrecipients to pay up to 6
months of rental arrears and 6 months of utility arrears to remove
barriers to obtaining housing quickly and help reduce the spread and
harm of COVID-19. Extending this waiver is necessary to remove
barriers that would prevent program participants from finding
housing quickly, particularly as more people find themselves with
rental arrears 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 578.75(b)(2).
Project/Activity: HUD originally waived the requirement for 1-
year on March 31, 2020 to help recipients and subrecipients prevent
the spread of COVID-19. On March 31, 2021, HUD extended the waiver
until June 30, 2021. The requirement at 24 CFR 578.75(b)(2) is
waived until September 30, 2021.
Nature of Requirement: 24 CFR 578.75(b)(2) requires that
recipients or subrecipients are required to inspect all units
supported by leasing or rental assistance funding under the CoC and
YHDP Programs at least annually during the grant period to ensure
the units continue to meet HQS.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: While many social distancing measures that were
making it difficult to re-inspect a unit for HQS are being lifted,
recipients need time to prepare staff to re-inspect (and inspect as
discussed above) units for HQS. Therefore, HUD is extending the
waiver as described below.
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''
(1)(iii).
Project/Activity: An individual may qualify as homeless under
paragraph (1)(iii) of 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. This waiver is in effect until December 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 578.3, definition of ``homeless.''
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement on
September 30, 2020, until March 31, 2021 to keep housing options
open for individuals who otherwise would have been homeless but were
reporting longer stays in institutions as a result of COVID-19
(e.g., longer time in jail due to a postponed court dates due to
courts closings or courts operating at reduced capacity and longer
hospital stays when infected with COVID-19). HUD again waived this
requirement on March 31, 2021 until June 30, 2021. 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 and respond to COVID-19
by expanding housing options for people who were experiencing
homelessness and institutionalized for longer than traditionally
required due to COVID-19. Recipients continue to report potential
program participants are staying in institutions for longer periods
of time due to COVID-19; therefore, HUD is extending this waiver to
allow 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.
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 578.37(a)(1)(ii), 24 CFR
578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i).
Project/Activity: The 24-month rental assistance restriction is
waived for program participants in permanent housing rapid re-
housing project who will have reached 24 months of rental assistance
until December 31, 2021. Program participants who have reached 24
months of rental assistance during this time and who will not be
able to afford their rent without additional rental assistance will
be eligible to receive rental assistance until December 31, 2021.
Nature of Requirement: The CoC Program regulation at 24 CFR
578.37(a)(1)(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)(1)(ii)(C) limits rental assistance in rapid re-
housing projects to medium-term rental assistance, or no more than
24 months.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
Reason Waived: HUD originally waived this requirement on May 22,
2020 until 3 months after a state or local public health official
has determined special measures are no longer necessary to prevent
the spread of COVID-19. Recipients continue to report program
participants are experiencing difficulty affording rent even after
receiving 24 months of rental assistance. Therefore, HUD is
continuing to offer this waiver flexibility, but is establishing an
end date of December 31, 2021. Waiving the limit on using rental
assistance in rapid re-housing projects to pay more than 24 months
will ensure that individuals and families currently receiving rapid
re-housing assistance do not lose their assistance, and consequently
their housing, during the COVID-19 public health crisis and the
subsequent economic downturn This will reduce the number of people
who become homeless again due to the economic impact 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 578.103(a) and 24 CFR
578.103(a)(4)(i)(B).
Project/Activity: 24 CFR 578.103(a) requires recipient to
maintain records providing evidence they met program requirements
and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for
documenting disability for individuals and families that meet the
``chronically homeless'' definition in 24 CFR 578.3. Acceptable
evidence of disability includes intake-staff recorded observations
of disability no later than 45 days from the date of application for
assistance, which is confirmed and accompanied by evidence in
paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is
waiving the requirement to obtain additional evidence to confirm
staff-recorded observations of disability.
Nature of Requirement: A recipient providing PSH must serve
individuals and
[[Page 66581]]
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: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 30, 2021.
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 disability in the
middle of a pandemic, impacting their ability to house potential
program participants quickly. On September 30, 2020, HUD waived, in
its entirety, the requirement to obtain additional evidence to
verify intake staff-recorded observations of disability until public
health officials determine no additional special measures are
necessary to prevent the spread of COVID-19. While public health
measures are lifting in many areas of the country, recipients are
reporting that obtaining documentation still takes longer than usual
as a result of reduced staffing and hours of agencies and providers
that can provide the documentation during COVID-19. Therefore, HUD
is continuing this waiver flexibility and is establishing an end
date of December 31, 2021.
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: Section 415(a)(4) and (5) of the
McKinney-Vento Homeless Assistance Act and 24 CFR 576.104.
Project/Activity: HUD granted a waiver of Section 415(a)(4) and
(5) of the McKinney-Vento Homeless Assistance Act and 24 CFR 576.104
in Notice CPD-21-05: Waiver and Alternative Requirements for the
Emergency Solutions Grants (ESG) Program Under the CARES Act (April
14, 2021). HUD established alternative requirements and waived
Section 415(a)(4) and (5) of the McKinney-Vento Homeless Assistance
Act and 24 CFR 576.104 to the extent necessary to provide that:
a. In addition to individuals and families who meet the existing
requirements in 24 CFR 576.104, a recipient may expand the scope of
eligible RRH beneficiaries to include individuals and families who
meet ALL of the following criteria:
i. Qualified as ``homeless'' as defined in 24 CFR 576.2
immediately before moving into their current housing;
ii. Have been residing in housing with time-limited rental
assistance provided under a homeless assistance program (which means
assistance limited to or reserved, either federally or locally, for
people who are ``homeless'' as defined in 24 CFR 576.2) other than
the ESG program (e.g., time-limited rental assistance that was
funded under the Supportive Services for Veteran Families Program or
the Coronavirus Relief Fund and provided only to people who
qualified as ``homeless'' as defined in 24 CFR 576.2);
iii. Would not have any overlap in rental assistance between the
non-ESG program and the ESG program, due to exhaustion or expiration
of the non-ESG assistance or program funds;
iv. Would not have a gap of more than one month (or equivalent
amount of days) between the end of the non-ESG rental assistance and
the beginning of their ESG RRH rental assistance; and
v. Do not have the resources or support networks (beyond an
eviction moratorium) (e.g., family, friends or other social
networks) needed to retain their existing housing without ESG
assistance;
b. Recipients that expand the scope of RRH beneficiaries as
provided above must amend their consolidated plans as provided by 24
CFR 91.505 and 576.200(b), except that the recipient is not required
to comply with any consultation or citizen participation
requirements (as provided by the CARES Act), provided that the
recipient publishes its plan to include these newly eligible RRH
beneficiaries, at a minimum, on the internet at the appropriate
Government website or through other electronic media.
c. If individual or family meets the new RRH criteria above but
is already an ESG RRH program participant (because they have been
receiving services under 24 CFR 576.105), the individual or family
may be provided ESG-funded rental assistance without being treated
as a new applicant or program participant for purposes of HUD's
coordinated assessment, written standards, HMIS, initial evaluation,
re-evaluation, housing stability plan, and recordkeeping and
reporting requirements (24 CFR 576.400(d), (e), (f); 576.401(a),
(b), (e)(1)(ii), and 576.500). However, with respect to any other
individuals and families for which the recipient exercises the new
flexibilities provided in CPD Notice 21-05, the recipient must
account for the new RRH beneficiaries by making corresponding
changes as appropriate to the applicable written standards for
administering RRH assistance (including beneficiary eligibility and
prioritization criteria), HMIS, and procedures for centralized or
coordinated assessment, initial evaluation, re-evaluation, and
recordkeeping and reporting.
Nature of Requirement: An individual or family must meet the
criteria under paragraph (1) of the definition of ``homeless'' at 24
CFR 576.2 or meet the criteria under paragraph (4) of the
``homeless'' definition and live in an emergency shelter or other
place described in paragraph (1) of the ``homeless'' definition to
be eligible for rapid re-housing assistance.
Granted By: James A. Jemison, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 14, 2021.
Reason Waived: Many individuals and families experiencing
homelessness are able to be housed with time-limited rental
assistance funded by homelessness assistance resources other than
ESG. In some cases, despite the efforts of local service providers,
some households continue to be unable to afford housing at the end
of the assistance period and would lose their housing without
continued assistance. Waiving the eligibility criteria for ESG
funded RRH as discussed above will ensure individuals and families
currently receiving time-limited rental assistance funded through
other sources will not lose their housing during the coronavirus
public health crisis and the subsequent economic downturn. This will
reduce the spread and harm of coronavirus by enabling households
receiving homelessness assistance who had previously experienced
homelessness to continue to practice social distancing, isolate, or
quarantine in their housing.
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.
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 214.300(a)(3).
Project/Activity: HUD's In-Person Service Housing Counseling
Program.
Nature of Requirement: Pursuant to 24 CFR 214.300(a)(3),
``[c]ounseling may take place in the office of the housing
counseling agency, at an alternate location, or by telephone, as
long as mutually acceptable to the housing counselor and client. All
agencies participating in HUD's Housing Counseling program that
provide services directly to clients must provide in-person
counseling to clients that prefer this format.''
On February 24, 2021, the President continued the COVID-19
national emergency. HUD recognizes that there continues to be a
demand for housing counseling services by clients facing financial
hardship due to the spread of the COVID-19 virus. This partial
waiver allows participating agencies to provide continuous services
without violating the in-person service provision requirement of 24
CFR 214.300(a)(3). This partial waiver waives the 24 CFR
214.300(a)(3) requirement that ``. . . All agencies participating in
HUD's Housing Counseling program that provide services directly to
clients must provide in-person counseling to clients that prefer
this format.''
Granted by: Lopa P. Kolluri, Principal Assistant Secretary for
Housing Federal Housing Commissioner.
Date Granted: April 20, 2021.
Reason Waived: To assist in ensuring the continued availability
of housing counseling services, a partial waiver of 24 CFR
214.300(a)(3).
Contact: Brian Siebenlist, Director, Housing Counseling, Office
of Policy and
[[Page 66582]]
Grant Administration, Office of Housing, Department of Housing and
Urban Development, 409 3rd Street SW, Washington, DC 20024,
telephone (202) 402-5145.
Regulation: 24 CFR 242.58(b)(ii), 24 CFR
242.58(b)(iv), 24 CFR 242.58(f), 24 CFR 242.61(a)-(d).
Project/Activity: HCA-Memorial Health Meadows Hospital, Vidalia,
Georgia.
Nature of Requirements: 24 CFR 242.58(b)(ii) states that, with
regard to financial reporting requirements for hospitals with FHA-
insured loans, quarterly unaudited financial reports must be filed
with HUD within 40 days following the end of each quarter of the
Borrower's fiscal year.
24 CFR 242.58(b)(iv) states that, with regard to financial
reporting requirements for hospitals with FHA-insured loans, board-
certified annual financial results must be filed with HUD within 120
days following the close of the fiscal year (if the annual audited
financial statements have not yet been filed with HUD). 24 CFR
242.58(f) requires that the books and records of management agents,
lessees, operators, managers, and Affiliates be maintained in
accordance with Generally Accepted Accounting Principles (GAAP) and
shall be open to inspection by HUD. 24 CFR 242.61(a) through (d)
give HUD the authority to approve contracts for executive management
of the hospital, and to remove principals of the hospital (including
executives, board members, and key employees).
Granted By: Lopa P. Kolluri, Principal Assistant Secretary for
Housing Federal Housing Commissioner.
Date Granted: April 22, 2021.
Reason Waived: HCA Healthcare applied for a Transfer of Physical
Assets (TPA) to take ownership of Toombs County Hospital Authority
(TCHA) and Meadows Regional Medical Center and replace the current
Borrower on the Note (TCHA) with newly created HUD Borrowers
(Vidalia Health Services, LLC and Meadows Multispecialty Associates,
LLC). As part of the TPA application, HCA Healthcare is requesting
waivers of numerous standard requirements within OHF's Hospital
Regulatory Agreement. The requirements ordinarily provide OHF with
the data and authority to manage the asset when it is part of HUD's
portfolio. While waiving the requirements will prevent OHF from
executing our standard asset management procedures, we determined
that the hospital will benefit significantly from HCA ownership, and
that the waiver is fully justified.
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, Washington, DC 20024, telephone (202) 402-5684.
Regulation: 24 CFR 3282.14(b), Alternative
construction of manufactured homes.
Project/Activity: Regulatory Waiver for Industry-Wide
Alternative Construction Letter for Swinging Exterior Passage Doors.
Nature of Requirement: 24 CFR 3282.14(b), Request for
Alternative Construction, requires manufactured housing
manufacturers to submit a request for Alternative Construction
consideration for the use of construction designs or techniques that
do not conform with HUD Standards, to receive permission from HUD to
utilize such designs or techniques in the manufacturing process for
manufactured homes.
Granted by: Lopa P. Kolluri, Principal Deputy Assistant
Secretary for Housing--Federal Housing Administration.
Date Granted: March 29, 2021.
Reason Waived: Many manufactured home manufacturers are
currently facing shortages in the supply of swinging exterior
passage doors that are listed or specifically certified for use in
manufactured homes due to COVID-19 pandemic impacts. The major
supply line of certified swinging exterior passage doors cannot meet
the current and near-term future demands of the manufactured housing
industry, yet alternative door options are available that provide
performance equivalent or superior to that required by the Standards
yet cannot be utilized without an Alternative Construction approval.
To resolve this matter for the whole industry in an expedient manner
while protecting the health and safety of consumers and maintaining
durability of the homes, this regulatory waiver was granted to allow
the Office of Manufactured Housing Programs to provide an industry-
wide Alternative Construction approval letter that could be used by
any manufacturer experiencing supply chain issues for swinging
exterior passage doors.
Contact: Teresa B. Payne, Administrator, Office of Manufactured
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 7th Street SW, Room 9168, Washington, DC 20410-
0800, telephone (202) 402-5365, [email protected].
[FR Doc. 2021-25566 Filed 11-22-21; 8:45 am]
BILLING CODE 4210-67-P
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