Relief From HUD Public Housing and Section 8 Requirements Available During CY 2019 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Major Disasters
| Published date | 09 October 2019 |
| Record Number | 2019-21422 |
| Section | Rules and Regulations |
| Court | Housing And Urban Development Department |
Federal Register, Volume 84 Issue 196 (Wednesday, October 9, 2019)
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Pages 54009-54014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21422]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Chapter IX
[Docket No. FR-6050-N-03]
Relief From HUD Public Housing and Section 8 Requirements
Available During CY 2019 to Public Housing Agencies To Assist With
Recovery and Relief Efforts on Behalf of Families Affected by
Presidentially Declared Major Disasters
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notification.
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SUMMARY: This notification advises the public that HUD, in order to
more effectively and expeditiously respond to Presidentially declared
Major Disaster Declarations (MDD), is establishing for calendar year
(CY) 2019 an expedited process for the review of requests for relief
from HUD regulatory and/or administrative requirements (``HUD
requirements'') for Public Housing Agencies (PHAs) located in counties
that are included in MDDs. PHAs located in areas covered by MDDs issued
for which a related disaster occurs during CY 2019 may request waivers
of certain HUD Public Housing and Section 8 requirements and receive
expedited review of such requests utilizing the flexibilities and
expedited waiver process set out by this notification.
DATES: The flexibilities set out in this document are effective October
9, 2019.
FOR FURTHER INFORMATION CONTACT: Tesia Irinyenikan, Office of Field
Operations, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW, Room 3180, Washington, DC
20410-5000, or email [email protected]. Persons with hearing
or speech impairments may access this number via TTY by calling the
Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
On several occasions in recent years, after Presidential disaster
declarations, HUD has published documents announcing waivers and
flexibilities available to PHAs, Tribes, and Tribally Designated
Housing Entities (TDHEs) located in areas covered by MDDs.\1\ In the
interest of expediting HUD's ability to provide administrative relief
to PHAs in MDD declaration areas, based on HUD's past experience, HUD
is publishing this notification on waivers and flexibilities that will
be made available to PHAs on an expedited basis following MDDs. The
notification is organized as follows:
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\1\ See, Regulatory and Administrative Waivers Granted for
Public and Indian Housing Programs to Assist with Recovery and
Relief in Hurricane Katrina Disaster Areas, 70 FR 57716 (October 3,
2005); Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs to Assist with Recovery and Relief in
Hurricane Rita Disaster Areas; and Additional Administrative Relief
for Hurricane Katrina, 70 FR 66222 (November 1, 2005); Extension of
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs to Assist With Recovery and Relief in Hurricanes
Katrina, Rita, and Wilma Disaster Areas, 71 FR 78022 (December 27,
2006); Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs to Assist with Recovery and Relief in
Hurricane Wilma Disaster Areas, 71 FR 12988 (March 13, 2006);
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs to Assist with Recovery and Relief in Superstorm
Sandy Disaster Areas, 77 FR 71439 (November 30, 2012); Relief From
HUD Requirements Available to PHAs to Assist With Recovery and
Relief Efforts on Behalf of Families Affected by Hurricanes Harvey,
Irma, Maria and Future Natural Disasters Where Major Disaster
Declarations Might be Issued in 2017, 82 FR 46821 (October 6, 2017)
and; Relief From HUD Requirements Available During Calendar Year
(CY) 2018 to Public Housing Agencies To Assist With Recovery and
Relief Efforts on Behalf of Families Affected by Presidentially-
Declared Major Disasters, 83 FR 46180 (September 12, 2018).
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Section II describes the flexibilities that are currently
available to MDD PHAs under statutes and/or regulations. MDD PHAs may
avail themselves of these flexibilities, following the process
described in Section IV of the notification.
Section III describes certain HUD requirements that, if
waived, may facilitate an MDD PHA's ability to participate in relief
and recovery efforts. An MDD PHA may request a waiver of a HUD
requirement not listed in Section IV and receive expedited review of
the request if the MDD PHA demonstrates
[[Page 54010]]
that the waiver is needed to assist in its relief and recovery efforts.
An MDD PHA may not adopt any requested waiver prior to receiving HUD
approval.
Section IV provides the instructions for submitting waiver
requests.
Section V States that a Finding of No Significant Impact
(FONSI) with respect to the environment has been made in accordance
with HUD regulations at 24 CFR part 50, which implement section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
Waiver requests approved by HUD pursuant to this notification will
be published in the Federal Register and will identify the MDD PHAs
receiving such approvals. The process that HUD will use in assessing
applications for waivers and flexibilities is covered below-
This notification applies only during CY 2019.
II. Flexibilities That Are Available to MDD PHAs During CY 2019
HUD is exercising discretionary authority from section 106 of the
Department of Housing and Urban Development Act of 1989 and consistent
with 24 CFR 5.110 to provide relief from the requirements described in
this section of this notification. Upon application to HUD and
appropriate documentation of good cause, HUD may approve, as noted
below, regulatory relief for disaster relief and recovery to MDD PHAs.
Unless otherwise stated, the deadline for requesting waivers is four
months after the initial MDD.
A. 24 CFR 905.306 (Extension of deadline for obligation and
expenditure of Capital Funds). Section 9(j)(1) of the United States
Housing Act of 1937 (1937 Act) requires PHAs to obligate Capital Funds
not later than 24 months after the date on which the funds became
available, or the date on which the PHA accumulates adequate funds to
undertake modernization, substantial rehabilitation, or new
construction of units, plus the period of any extension approved under
section 9(j)(2) of the Act. Section 9(j)(5)(A) of the 1937 Act requires
a PHA to expend Capital Funds not later than four years after the date
on which the funds become available for obligation, plus the period of
any extension approved under section 9(j)(2). Section 9(j)(2) of the
1937 Act authorizes the Secretary to extend the time period for the
obligation of Capital Funds for such period as the Secretary determines
necessary if the Secretary determines that the failure of the PHA to
obligate assistance in a timely manner is attributable to an event
beyond the control of the PHA. The authority for extension of the
section 9(j) obligation and extension deadlines for an event beyond the
control of the PHA made in this notification is also found in the
implementing regulation at 24 CFR 905.306 (d)(5).
B. 24 CFR 984.105(d) (Family Self-Sufficiency minimum program
size). 24 CFR 984.105(d) defines the circumstances under which a PHA
may, upon HUD approval, operate a program that is smaller than the
required program size. HUD has determined, based on its past experience
with MDD's, that a major disaster may hinder a PHA's ability to operate
a program that meets minimum program size requirements. As a result,
upon the submission to HUD of a certification (as defined in 24 CFR
984.103) that the MDD PHA is unable to operate a program that meets
minimum program size requirements due to the major disaster, HUD will
grant an exemption from the minimum program size requirement for a
period of 24 months from the effective date of this notification.
C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). Section 990.145 lists the categories of vacant public
housing units that are eligible to receive operating subsidy and are
therefore considered to be ``approved vacancies.'' Under Section
990.145(b)(2), a PHA shall receive operating subsidy for units that are
vacant due to a federally declared, state declared or other declared
disaster, subject to prior HUD approval, on a project-by-project basis.
If an MDD PHA has a unit that has been vacated due to a Presidentially-
declared disaster, then the MDD PHA, with HUD approval, may treat the
unit as an ``approved vacancy.'' Upon the request of an MDD PHA and HUD
approval, on a case-by-case basis, such units may be considered
approved vacancies for a period not to exceed 12 months from the date
of HUD approval.
III. HUD Requirements That May Be Waived
For an MDD PHA, HUD will review requests for waivers of HUD
requirements on an expedited basis. This section lists procedural and
substantive requirements for regulatory waivers in event of an MDD. An
MDD PHA may also request a waiver of a HUD requirement not listed in
this section and receive expedited review of the request if the MDD PHA
documents that the waiver is needed for major disaster relief and/or
recovery.
PHAs should note that waivers of essential program requirements
such as property inspection or income verification will not be granted
in their entirety although modifications or requirements may be
considered. Also, HUD's ability to grant waivers or approval
alternative requirements imposed by statute is limited to express
statutory authority. PHAs should go through the hierarchy of verifying
income as found in PIH Notice 2018-24 if sources of income are
difficult to find. Similarly, while the requirement for HQS inspections
cannot be waived, HUD can consider variations to the acceptability
criteria to HQS in case of disaster (under the authority of Sec.
982.401(a)(4)).
An MDD PHA seeking a waiver of a HUD requirement listed below or of
any other HUD requirement needed to assist the MDD PHA in its relief
and recovery efforts must submit a waiver request pursuant to the
process that will be provided in a further notification. HUD will not
approve an MDD PHA's or other recipient's request to waive a fair
housing, civil rights, labor standards, or environmental protection
requirement. The request must be submitted to HUD not later than 4
months following the date of the relevant disaster declaration.
A. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
Section 5.801 establishes uniform financial reporting standards (UFRS)
for PHAs (and other entities). Section 5.801(c) requires that PHAs
submit financial information in accordance with 24 CFR 5.801(b)
annually, not later than 60 days after the end of the fiscal year of
the reporting period. Section 5.801(d)(1) requires that PHAs submit
their unaudited financial statements not later than 60 calendar days
after the end of their fiscal year and that PHAs submit their audited
financial statements not later than 9 months after the end of their
fiscal year. HUD is willing to consider requests to extend these
reporting deadlines.
For MDD PHAs with a deadline to submit only audited financial
information in accordance with 24 CFR 5.801(b) and (d) within 6 months
after the date of the disaster related to the MDD, HUD is willing to
consider a request to waive the due date. For MDD PHAs with a deadline
to submit unaudited financial information in accordance with 24 CFR
5.801(b) and (d) within 4 months before and up to 6 months after the
date of the disaster related to the MDD, HUD is willing to consider a
request to waiver the due date. For these PHAs, HUD also is willing to
consider a request to waive the due date of the audited financial
information. For situations beyond a PHA's control, HUD is willing to
[[Page 54011]]
consider requests from the MDD PHAs with financial submission due dates
that fall outside these dates.
The deadline for submission of financial information in accordance
with 24 CFR 5.801(b) and the deadline for submission of unaudited
financial statement may be extended to 180 calendar days, and the
deadline for submission of audited financial statements may be extended
to 13 months.
B. 24 CFR 902 (Public Housing Assessment System). Part 902 sets out
the indicators by which HUD measures the performance of a PHA. The
indicators measure a PHA's physical condition, financial condition,
management operations, and Capital Fund obligation and occupancy.
For MDD PHAs with FYE dates within 4 months before and up to 10
months after the effective date of the MDD, HUD is willing to consider
a request to waive the physical inspection and scoring of public
housing projects, as required under 24 CFR part 902. For situations
beyond the PHA's control, HUD is willing to consider requests from MDD
PHAs with a FYE date that falls outside these dates.
C. 24 CFR 905.322(b) (Fiscal closeout). Section 905.322(b)
establishes deadlines for the submission of an Actual Development Cost
Certificate (ADCC) and an Actual Modernization Cost Certificate (AMCC).
Specifically, the ADCC must be submitted 12 months from the date of
completion/termination of a modernization activity, and the AMCC must
be submitted not later than 12 months from the activity's expenditure
deadline. Upon request from an MDD PHA, HUD may extend these deadlines
by 12 months.
D. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). 42 U.S.C. 1437d(b) requires HUD to calculate
total development costs, which may not be exceeded ``unless the
Secretary provides otherwise, and in any case may not exceed 110 per
centum of such amount unless the Secretary for good cause determines
otherwise.'' Section 905.314(b)-(c) establishes the calculation of
maximum project cost and the calculation of total development cost. To
facilitate the use of Capital Funds for repairs and construction for
needed housing in the disaster areas, HUD is willing to consider
waiving the total development cost (TDC) and housing cost cap limits
for all work funded by the Capital Grant (with unexpended Capital Grant
funds and HOPE VI funds) until the next issuance of TDC levels. MDD
PHAs that request to waive this provision and receive approval to do so
must strive to keep housing costs reasonable given local market
conditions, based upon the provisions outlined in 2 CFR part 200.
E. 24 CFR 905.314(j) (Cost and other limitations; Types of labor).
This section establishes that non-high performer PHAs may use force
account labor for modernization activities only when the use of force
account labor for such activities has been included in a Board-approved
Capital Fund Program 5-Year Action Plan. HUD may waive this requirement
to allow for the use of force account labor for modernization
activities even if this activity has not been included in the non-high
performer MDD PHA's 5-Year Action Plan. Should HUD waive this
requirement, the waiver will be in effect for a period not to exceed 12
months from the date of HUD approval.
F. 24 CFR 905.400(i)(5) (Capital Fund Formula; Replacement Housing
Factor to reflect formula need for projects with demolition or
disposition occurring on or after October 1, 1998, and prior to
September 30, 2013). Section 905.400 describes the Capital Fund
formula. Section 905.400(i)(5) limits the use of replacement housing
funds to the development of new public housing. To help address housing
needs because of the displacement caused by the MDD, HUD is willing to
consider waiving section 905.400(i)(5) to allow all unexpended Capital
Fund Replacement Housing Factor Grants to be used for public housing
modernization. Should HUD waive this requirement, the waiver will be in
effect for funds obligated within 12 months from the date of HUD
approval.
G. 24 CFR 960.202(c)(1) (Tenant selection policies) and 982.54(a)
(Administrative plan). Section 960.202(c)(1) provides that public
housing tenant selection policies must be duly adopted and implemented.
Section 982.54(a) provides that a PHA's Section 8 administrative plan
must be formally adopted by the PHA Board of Commissioners or other
authorized PHA officials. For temporary revisions to an MDD PHA's
public housing tenant selection policies or Section 8 administrative
plan that an MDD PHA wishes to put into place to address circumstances
unique to relief and recovery efforts, HUD is willing to consider
requests to waive the requirements under Sec. Sec. 960.202(c)(1) and
982.54(a) noted above. Any waiver request must include documentation
that an MDD PHA's Board of Commissioners or an authorized MDD PHA
official supports the waiver request and must identify the temporary
revisions, which shall be effective for a period not to exceed 12
months from the date of HUD's approval. Additionally, any waiver
request would be limited to revisions that do not constitute a
significant amendment or modification to the PHA or MTW plan; pursuant
to Section 5A(g) of the 1937 Act, HUD cannot waive the approval by the
board or other authorized PHA officials if the proposed revision would
constitute a significant amendment or modification to the PHA or MTW
plan. Finally, HUD cannot waive any terms within a PHA's own plan or
state law requiring the approval of the board or authorized PHA
officials.
H. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). This section describes where a PHA must provide public notice
when it opens its waiting list for tenant-based assistance. HUD is
willing to consider a request from an MDD PHA that wishes, in lieu of
the requirement to provide notice in a local newspaper of general
circulation, to provide public notice via its website, at any of its
offices, and/or in a voice-mail message, for any opening of the waiting
list for tenant-based assistance that occurs within a period not to
exceed 12 months from the date of HUD approval. MDD PHAs, that request
a waiver of this requirement and receive HUD approval, must comply with
applicable fair housing and other civil rights requirements when they
provide public notice. For example, an MDD PHA that chooses to provide
public notice at its offices must consider the impact on persons with
disabilities, who may have difficulty visiting the office in-person.
Similarly, an MDD PHA that chooses to provide public notice via voice-
mail message must consider how it will reach persons with hearing
impairments and persons with limited English proficiency. HUD maintains
the requirement that an MDD PHA must also provide the public notice in
minority media. Any notice must comply with HUD fair housing
requirements.
I. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). 24 CFR 982.503(c) authorizes HUD to approve an exception
payment standard amount that is higher than 110 percent of the
published fair market rent (FMR). Typically, a PHA must provide data
about the local market to substantiate the need for an exception
payment standard. In a natural disaster situation, however, the typical
data sources fail to capture conditions on the ground. In these cases,
HUD considers the most recently available data on the rental market,
prior to the disaster, then estimates the number of households seeking
housing units in the wake of the
[[Page 54012]]
disaster to arrive at an emergency exception payment standard amount.
In the event of a disaster, HUD will consider, based on this data,
whether exception payment standard amounts up to 150 percent of the FMR
have a good cause justification even in the absence of supporting data.
If so, an MDD PHA may request this payment standard. Upon approval by
HUD, an exception payment standard adopted pursuant to this
notification may be adopted for any Housing Assistance Payments (HAP)
contract entered as of the effective date of this notification. HUD
intends for these exception payment standards to remain in effect until
HUD implements changes to the FMRs in the affected areas. MDD PHAs are
reminded that increased per-family costs resulting from the use of
exception payment standards may result in a reduction in the number of
families assisted or may require other cost-saving measures for an MDD
PHA to stay within its funding limitations.
J. 24 CFR 982.401(d) (Housing quality standards; Space and
security). This section establishes a standard for adequate space for
an HCV-assisted family. Specifically, it requires that each dwelling
unit have at least 1 bedroom or living/sleeping room for each 2
persons. HUD is willing to consider a request from an MDD PHA that
wishes to waive this requirement to house families displaced due to
natural disasters. Should the waiver be granted, it will be in effect
only for HAPs entered into during the 12-month period following the
date of HUD approval, and then only with the written consent of the
family. For any family occupying a unit pursuant to this waiver, the
waiver will be in effect for the initial lease term.
K. 24 CFR 982.633(a) (Occupancy of home). This section establishes
the requirement that PHAs may make HAP for homeownership assistance
only while a family resides in their home and must stop HAP no later
than the month after a family moves out. HUD is willing to consider a
request from an MDD PHA wishing to waive this requirement to allow
families displaced from their homes located in areas affected by MDD(s)
to comply with mortgage terms or make necessary repairs. A PHA
requesting a waiver of this type must show good cause by demonstrating
that the family is not already receiving assistance from another
source. Note: An MDD PHA that wishes in addition to request a waiver of
the requirement at Sec. 982.312 that a family be terminated from the
program if they have been absent from their home for 180 consecutive
calendar days must do so separately.
L. 24 CFR 984.303(d) (Contract of participation; contract
extension). Part 984 establishes the requirements for the Section 8 and
Public Housing Family Self-Sufficiency (FSS) Program. Section
984.303(d) authorizes a PHA to extend a family's contract of
participation for a period not to exceed 2 years, upon a finding of
good cause, for any family that requests such an extension in writing.
HUD is willing to consider a request from an MDD PHA that wishes to
extend family contracts for up to 3 years, if such extensions are
merited based on circumstances deriving from MDDs. Any waiver granted
pursuant to this request will be in effect for requests made to the MDD
PHA during a period not to exceed 12 months from the date of HUD
approval.
M. 24 CFR part 985 (Section 8 Management Assessment Program
(SEMAP)). Part 985 sets out the requirements by which Section 8 tenant-
based assistance programs are assessed. For an MDD PHA that has a SEMAP
score due during CY 2019, HUD is willing to consider a request to carry
forward the last SEMAP score received by the PHA.
N. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)). PHAs are required to transmit form HUD-50058
not later than 30 calendar days following receipt of an applicant's or
participant's SSN documentation. HUD is willing to consider a request
to extend this requirement to 90 calendar days, for a period not to
exceed 12 months from the date of HUD approval.
O. 24 CFR 970.15(b)(1)(ii). For Section 18 demolition applications
(and disposition applications) justified by location obsolescence, in
addition to accepting an environmental review performed by HUD under 24
CFR part 50, for MDD PHAs, HUD is willing to accept an environmental
review performed under 24 CFR part 58 if HUD determines the part 58
review indicates the environmental conditions jeopardize the
suitability of the site or a portion of the site and its housing
structures for residential use.
P. 24 CFR 970.15(b)(2). For Section 18 demolition applications
justified by obsolescence, HUD requires that PHAs support cost-estimate
by a list of specific and detailed work-items that require
rehabilitation or repair, as identified on form HUD-52860-B and other
criteria outlined in PIH Notice 2018-04, Section A. HUD is willing to
consider requests to waive these requirements if MDD PHAs submit other
evidence (e.g., insurance adjuster reports, condemnation orders from
local municipalities, and photographs) that support the MDD PHA's
certification that a program of modifications is not cost-effective.
IV. Notification and Expedited Waiver Process During CY 2019--
Instructions
HUD has developed a checklist (Attachment A to this notification)
that an MDD PHA must complete and submit to take advantage of the
provisions identified in this notification and the expedited review of
waiver requests. Each provision on the checklist indicates the
documentation that must accompany the MDD PHA's submission. Each
request for a waiver (Section 3 of the checklist) must include a good-
cause justification stating why the waiver is needed for the PHA's
relief and recovery efforts.
To complete the checklist, take the following steps:
1. Copy the checklist found in Attachment A into a new document on
your computer, saving the document with the following filename format:
FR-6050-N-03-XX123. The Federal Register docket number (FR-6050-N-03),
a hyphen, then your Agency's HA Code. For example: FR-6050-N-03-XX123.
HUD will consider other methods of submission as needed.
2. Complete the section titled Information about Requesting Agency.
This section must be complete. An official of the MDD PHA must sign
where indicated. If the information about the requesting agency is
incomplete or the checklist has not been signed, then the checklist
will be returned without review.
3. Complete Sections 1, 2, and/or 3 of the checklist, as
applicable, noting the documentation (if any) that accompanies each
provision.
4. Address an email to both [email protected] and your
Field Office Public Housing Director. In the subject line, type ``PHA
Name--PHA Code--MDD Disaster Relief--Month and Year''
5. Attach the completed checklist, letter of justification, and
supporting documentation as applicable to your email.
6. Click ``Send.''
Checklists and any supporting documentation or information must be
submitted not later than 4 months following the MDD. Requests submitted
AFTER that time period will not be considered except in special cases
outside of the agency's control.
V. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24
[[Page 54013]]
CFR part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
The FONSI is available for public inspection between 8 a.m. and 5
p.m. weekdays in the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, an advance appointment to review the docket file
must be scheduled by calling the Regulations Division at 202-708-3055
(this is not a toll-free number). Hearing- or speech-impaired
individuals may access this number through TTY by calling the Federal
Relay Service at 800-877-8339 (this is a toll-free number).
Dated: September 25, 2019.
R. Hunter Kurtz,
Assistant Secretary, Public and Indian Housing.
Attachment A--Checklist
Relief from HUD Requirements Available to Public Housing Agencies
During CY 2019 To Assist With Recovery and Relief Efforts on Behalf of
Families Affected by Disasters
Information About Requesting Agency
NAME OF PHA:
PHA CODE:
Address:
City or Locality: (must be covered under PDD)
Parish:
Date of Submission:
Signature of PHA Official:---------------------------------------------
Name/Title of PHA Official:
Phone number of PHA Official:
Section 1. List the Presidentially Declared Disaster Your Agency Is
Under
_____
__
__
__
__
Section 2. Insert an ``X'' Next to the Applicable Flexibilities
An MDD PHA may adopt the flexibilities listed below.
__ A. 24 CFR 905.306 (Extension of deadline for obligation and
expenditure of Capital Funds). (Office of Capital Improvements)
My agency requests that HUD extend the deadline for the obligation
of Capital Funds for an additional 12 months which is attributable to
an effect of the MDD which was beyond the control of the PHA. We will
maintain documentation substantiating the need for this extension.
__ B. 24 CFR 984.105 (Family Self-Sufficiency minimum program size).
(Housing Voucher Management and Operations; Public Housing Management
and Occupancy)
My agency submits the certification required by 24 CFR 984.105(d)
and will operate an FSS program that is smaller than the minimum
program size for up to 24 months from October 9, 2019.
__ C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). (REAC--Public Housing Financial Management Division)
My agency requests HUD approval to treat certain vacant public
housing units in our inventory as approved vacancies for the continued
receipt of Operating Subsidy. I have attached a project-by-project
listing of the units for which this approval is requested. I understand
that any units that remain vacant shall be considered approved
vacancies only for a period not to exceed 12 months from the date of
HUD approval.
Section 3. Insert an ``X'' Next to the Applicable Waiver Requests
An MDD PHA may request a waiver of a HUD requirement listed below
or of any other HUD requirement and receive expedited review of the
request, if the MDD PHA demonstrates that the waiver is needed for
relief and recovery purposes. Each request must include a good-cause
justification for the waiver, documenting why the waiver is needed for
such purposes. No requested waiver may be implemented unless and until
written approval from HUD has been obtained.
__ A. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
(REAC)
My agency requests a waiver of 24 CFR 5.801(c) to extend the
deadline for reporting unaudited financial information to 180 days and
of 24 CFR 5.801(d)(1) to extend the reporting deadline for audited
financial information to 13 months.
For requests to waiver the deadlines to report both unaudited
financial information and audited financial information.
__ B. 24 CFR part 902 (Public Housing Assessment System). (REAC)
My agency requests a waiver of the property inspection and scoring
of public housing projects, as required under 24 CFR part 902.
__ C. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital
Improvements)
My agency requests a waiver of 24 CFR 905.322(b) to extend the
deadline for submission of the Actual Development Cost Certificate and
the Actual Modernization Cost Certificate by 12 months.
__ D. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). (Office of Capital Improvements)
My agency requests a waiver of 24 CFR 905.314(b)-(c), which
establish the calculation of maximum project cost and total development
cost limits for the Capital Fund program. My agency will strive to keep
housing costs reasonable given local market conditions, based upon the
provisions outlined in 2 CFR part 200. I understand that this waiver is
in effect only until 2019 TDC limits have been published.
__ E. 24 CFR 905.314(j) (Cost and other limitations; Types of labor)
(Office of Capital Improvements)
My agency requests a waiver of 24 CFR 904.314(j) to allow for the
use of force account labor for modernization activities even if this
activity has not been included in our agency's 5-Year Action Plan. I
understand that this waiver will be in effect for a period not to
exceed 12 months from the date of HUD approval.
__ F. 24 CFR 905.400(i)(5) (Capital Fund Formula; Replacement Housing
Factor to reflect formula needs for projects with demolition or
disposition occurring on or after October 1, 1998, and prior to
September 2013). (Office of Capital Improvements)
My agency requests a waiver of 24 CFR 905.400(i)(5) to allow for
the use of Capital Fund Replacement Housing Factor grants with
undisbursed balances for public housing modernization. I understand
that this waiver will be in effect only for funds obligated within 12
months from the date of HUD approval.
__ G. 24 CFR 960.202(c)(1) (Tenant selection policies) and 24 CFR
982.54(a) (Administrative plan). (Housing Voucher Management and
Operations; Public Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 960.202(c)(1) and/or 24 CFR
982.54(a) so that our public housing tenant selection policies and
section 8 administrative plan may be revised on a temporary basis,
without formal approval, to address circumstances unique to relief and
recovery efforts. I have attached documentation that our Board of
Commissioners or an authorized PHA official supports the waiver
request. I have also attached
[[Page 54014]]
documentation identifying the temporary revisions. The adoption of
these revisions does not constitute a significant amendment to our PHA
or MTW plan, nor does state law prevent us from adopting the revisions
without formal approval. I understand that these revisions will be in
effect for a period not to exceed 12 months from the date of HUD's
approval.
__ H. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.206(a)(2) so that we can
provide public notice of the opening of our waiting list via our
website, at any of our offices, and/or in a voice-mail message in lieu
of providing notice in a local newspaper of general circulation. I
understand that my agency must comply with the requirements at 24 CFR
982.206(a)(2) to provide public notice in minority media and ensure
that the notice complies with HUD fair housing requirements. I
understand that this waiver is in effect for a period not to exceed 12
months from the date of HUD approval.
__ I. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). (Housing Voucher Management and Operations)
My agency requests to establish an exception payment standard
amount that is higher than 110 percent of the published fair market
rent (FMR). I have attached our proposed emergency exception payment
standard schedule, which shows both the dollar amounts requested and
those amounts as a percentage of the FMRs in effect at the time of the
request. I understand that any approved exception payment standard will
remain in effect until HUD revises the FMRs for the area. I also
understand that increased per-family costs resulting from the use of
such exception payment standard may result in a reduction in the number
of families assisted or may require my agency to adopt other cost-
saving measures.
__ J. 24 CFR 982.401(d) (Housing quality standards; Space and
security). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.401(d) so that we may
allow families to occupy units that are smaller than our occupancy
standards would otherwise dictate. I understand that this waiver is in
effect only for HAPs entered into during the 12-month period following
the date of HUD approval, and then only with the written consent of the
family.
__ K. 24 CFR 982.633(a) (Occupancy of home). (Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR 982.633(a) so that we may
continue HAP for homeownership for families displaced from their homes
if needed to comply with mortgage terms or make necessary repairs. We
have determined that the family is not receiving assistance from
another source. I understand that such payments must cease if the
family remains absent from their home for more than 180 consecutive
calendar days.
__ L. 24 CFR 984.303(d) (Contract of participation; contract
extension). (Public Housing Management and Occupancy; Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR 984.303(d) so that a family's
contract of participation may be extended for up to three years. I
understand that such extensions may be made only during the 12-month
period following the date of HUD approval.
__ M. 24 CFR 985.101(a) (Section 8 Management Assessment Program
(SEMAP)). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 985.101(a) so that our SEMAP
score from the previous year may be carried over. My agency has a
fiscal year end of 9/30/17, 12/31/17, or 3/31/18.
__ N. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)) (REAC)
My agency requests a waiver of section 8(c) of Notice PIH 2012-10
to allow for the submission of Form HUD-50058 90 calendars days from
receipt of an applicant's or participant's SSN documentation. I
understand that this waiver will be in effect for a period not to
exceed 12 months from the date of HUD approval.
__ O. 24 CFR 970.15(b)(1)(ii) (Section 18 Application--Environmental
Review) (REAC)
My agency requests a waiver of 24 CFR 970.15(b)(1)(ii) and seeks to
complete a Part 58 review instead of a Part 50 where environmental
conditions jeopardize the site and its housing structures for
residential use.
__ P. 24 CFR 970.15(b)(2) (Section 18 Application--HUD-52860-B) (REAC)
My agency requests a waiver of 24 CFR 970.15(b)(2) and PIH 2018-04
and seeks to submit other supporting evidence of obsolescence (e.g.,
insurance adjusters reports, photographs, and condemnation orders from
local municipalities) where modifications/rehabilitation are not cost-
effective.
__ Q. Waivers not identified in FR-6050-N-03.
My agency seeks waivers of the HUD requirements listed below. I
have included documentation justifying the need for the waivers.
------------------------------------------------------------------------
Regulation Description
------------------------------------------------------------------------
Example: 24 CFR 982.54.................... Example: A waiver of this
regulation will facilitate
our agency's capacity to
participate in relief and
recovery efforts by . . .
------------------------------------------------------------------------
[FR Doc. 2019-21422 Filed 10-8-19; 8:45 am]
BILLING CODE 4210-67-P
