[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71402-71430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22602]



[[Page 71401]]

Vol. 88

Monday,

No. 198

October 16, 2023

Part II





Department of Housing and Urban Development





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Notice of Regulatory Waiver Requests Granted for the Second Quarter of 
Calendar Year 2023; Notice

Federal Register / Vol. 88 , No. 198 / Monday, October 16, 2023 / 
Notices

[[Page 71402]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6395-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2023

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, 2023 and ending on June 30, 2023.

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). HUD welcomes 
and is prepared to receive calls from individuals who are deaf or hard 
of hearing, as well as individuals with speech and communication 
disabilities.
    To learn more about how to make an accessible telephone call, 
please visit please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 2023.

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, 2023, through June 30, 2023. 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 2023) before the next report is published (the third 
quarter of calendar year 2023), 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 Y. Smith,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development April 1, 2023 Through June 
30, 2023

    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 Public and Indian 
Housing

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

    <bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
    Project/Activity: Any participating jurisdiction or grantee 
located in the declared-disaster area (see FEMA-DR-4698-AR) affected 
by the severe storms and tornadoes in Arkansas.
    Nature of Requirement: These sections of the HOME regulation 
require initial income determinations for HOME beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Many families whose housing was destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HOME assistance if the 
requirement remains effective. This waiver permits the participating 
jurisdiction to use self-certification of income, as provided in 
Sec.  92.203(a)(1)(ii), in lieu of source documentation to determine 
eligibility for

[[Page 71403]]

HOME assistance of persons displaced by the disaster.
    Applicability: These waivers are only available to participating 
jurisdictions within the declared-disaster areas or a State 
participating jurisdiction of the declared-disaster areas to assist 
those displaced by the disaster. This waiver applies only to 
families displaced by the disaster (as evidenced by FEMA 
registration) whose income documentation was destroyed or made 
inaccessible by the disaster and remains in effect for six months 
from April 11, 2023. The participating jurisdiction or, as 
appropriate, HOME project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4698-AR).
    Nature of Requirement: Section 92.209(e) requires that the term 
of a HOME TBRA contract made with a landlord begin on the first day 
of the lease. Section 92.209(h)(1) limits the subsidy that a 
participating jurisdiction may pay toward a TBRA recipient's rent to 
the difference between the participating jurisdiction's rent 
standard for the unit size and 30 percent of the family's monthly 
adjusted income. Section 92.209(i) requires that units occupied by 
TBRA recipients meet the housing quality standards established in 24 
CFR 982.401.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving these provisions will provide the 
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
    Applicability: All of these waivers are only available to a 
participating jurisdiction within the declared-disaster area or a 
State participating jurisdiction of the declared-disaster area 
providing TBRA to those displaced by the disaster, in accordance 
with the applicable conditions described below.
    The requirement in 24 CFR 92.209(e) that the start date of a 
TBRA contract begin on the first day of the term of a tenant's lease 
is waived for TBRA contracts a participating jurisdiction executes 
for persons or families displaced by the disaster, as evidenced by 
the tenant's FEMA registration or other relevant documentation 
acceptable to the participating jurisdiction, for a period of 24 
months after April 11, 2023. The provision of 24 CFR 92.209(h)(1) 
imposing the maximum amount of TBRA assistance a participating 
jurisdiction may provide to a family under HOME TBRA is waived for 
TBRA recipients who are displaced by the disaster, as evidenced by 
the family's FEMA registration, for a period of 24 months after 
April 11, 2023. The other provisions of 24 CFR 92.209(h) are not 
waived. The waiver of the housing quality standards requirements at 
24 CFR 92.209(i) applies to units leased by TBRA recipients who were 
displaced by the disaster, as evidenced by the recipient's FEMA 
registration, and are being assisted through a HOME TBRA program 
funded by the participating jurisdiction for a period of 24 months 
after April 11, 2023. Units must meet any applicable State and local 
health and safety codes and requirements. The lead safe housing 
requirements of 24 CFR part 35, subpart M, made applicable to units 
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR 
92.355, are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.222(b)(1).
    Project/Activity: Any participating jurisdiction located in the 
declared-disaster areas (see FEMA-DR-4698-AR).
    Nature of Requirement: Section 220(a) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12750(a)) (NAHA) and 24 
CFR 92.218 require all HOME participating jurisdictions to 
contribute throughout the fiscal year to housing that qualifies as 
affordable housing under the HOME program. The contributions must 
total no less than 25 percent of the HOME funds drawn from the 
participating jurisdiction's HOME Investment Trust Fund Treasury 
account. Section 220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec.  
92.222(b) also permit HUD to reduce this matching requirement for a 
participating jurisdiction located in a declared-disaster area for 
any funds drawn from a participating jurisdiction's HOME Investment 
Trust Fund by up to 100 percent during any part of a fiscal year 
impacted by the disaster. However, Sec.  92.222(b)(1) imposes 
certain conditions in granting the reduction to the matching 
requirement which HUD has determined there is sufficient good cause 
to waive.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Given the urgent housing needs created by the 
disaster and the substantial financial impact the participating 
jurisdiction will face in addressing those needs, the approval of a 
100 percent match reduction for participating jurisdictions in the 
declared-disaster areas, rather than on a case-by-case basis, will 
relieve administrative and financial burden on affected 
participating jurisdictions by expediting the process for reduction 
and the need to identify and provide matching contributions to HOME 
projects.
    Applicability: This match reduction applies to funds expended by 
a participating jurisdiction located in the declared-disaster areas 
from October 1, 2022, through September 30, 2024. The waiver also 
applies to State-funded HOME projects located in declared-disaster 
areas.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.251.
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4698-AR).
    Nature of Requirement: This provision requires that housing 
assisted with HOME funds meet property standards based on the 
activity undertaken, i.e., acquisition of housing including through 
homebuyer assistance, and state and local standards and codes or 
model codes for rehabilitation and new construction. Property 
standard requirements are waived for repair of properties damaged by 
the disaster.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: This waiver is required to enable the 
participating jurisdiction to meet the critical housing needs of 
families whose housing was damaged and families who were displaced 
by the disaster.
    Applicability: This waiver applies only to housing units located 
in the declared-disaster areas which were damaged by the disaster 
and to which HOME funds are committed within two years of April 11, 
2023. Units must meet State and local health and safety codes. The 
lead housing safety regulations established in 24 CFR part 35 are 
not waived. Also, accessibility requirements at 24 CFR 
92.251(a)(2)(i) are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 93.151(c).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4698-AR).
    Nature of Requirement: This section of the HTF regulation 
requires initial income determinations for HTF beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Many families whose homes were destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HTF assistance if the 
requirement remains effective. This waiver permits the grantee to 
use self-certification of income, as provided in section 
93.151(d)(2), for HTF assisted units in lieu of source documentation 
to determine initial eligibility of persons displaced by the 
disaster.

[[Page 71404]]

    Applicability: This waiver is only available to the grantee of 
the declared-disaster area. This waiver applies only to families 
displaced by the disaster (as documented by FEMA registration or 
other documentation acceptable to the HTF grantee) whose income 
documentation was destroyed or made inaccessible by the disaster and 
remains in effect for six months from April 11, 2023. The grantee 
or, as appropriate, HTF project owner, is required to maintain: (1) 
a record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.252(d)(l) Utility Allowance 
Requirements.
    Project/Activity: The City of Omaha, Nebraska, 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 Kennedy 
Square East, a HOME-assisted project.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects for 
which HOME funds were committed on or after August 23, 2013.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 21, 2023.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
    Project/Activity: Any participating jurisdiction or grantee 
located in the declared-disaster area (see FEMA-DR-4699-CA) affected 
by the severe winter storms, straight-line winds, flooding, 
landslides, and mudslides in California.
    Nature of Requirement: These sections of the HOME regulation 
require initial income determinations for HOME beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Many families whose housing was destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HOME assistance if the 
requirement remains effective. This waiver permits the participating 
jurisdiction to use self-certification of income, as provided in 
Sec.  92.203(a)(1)(ii), in lieu of source documentation to determine 
eligibility for HOME assistance of persons displaced by the 
disaster.
    Applicability: These waivers are only available to participating 
jurisdictions within the declared-disaster areas or a State 
participating jurisdiction of the declared-disaster areas to assist 
those displaced by the disaster. This waiver applies only to 
families displaced by the disaster (as documented by FEMA 
registration) whose income documentation was destroyed or made 
inaccessible by the disaster and remains in effect for six months 
from May 17, 2023. The participating jurisdiction or, as 
appropriate, HOME project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4699-CA).
    Nature of Requirement: Section 92.209(e) requires that the term 
of a HOME TBRA contract made with a landlord begin on the first day 
of the lease. Section 92.209(h)(1) limits the subsidy that a 
participating jurisdiction may pay toward a TBRA recipient's rent to 
the difference between the participating jurisdiction's rent 
standard for the unit size and 30 percent of the family's monthly 
adjusted income. And section 92.209(i) requires that units occupied 
by TBRA recipients meet the housing quality standards established in 
24 CFR 982.401.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving these provisions will provide the 
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
    Applicability: All of these waivers are only available to a 
participating jurisdiction within the declared-disaster area or a 
State participating jurisdiction of the declared-disaster area 
providing TBRA to those displaced by the disaster, in accordance 
with the applicable conditions described below.
    The requirement in 24 CFR 92.209(e) that the start date of a 
TBRA contract begin on the first day of the term of a tenant's lease 
is waived for TBRA contracts a participating jurisdiction executes 
for persons or families displaced by the disaster, as evidenced by 
the tenant's FEMA registration or other relevant documentation 
acceptable to the participating jurisdiction, for a period of 24 
months after May 17, 2023. The provision of 24 CFR 92.209(h)(1) 
imposing the maximum amount of TBRA assistance a participating 
jurisdiction may provide to a family under HOME TBRA is waived for 
TBRA recipients who are displaced by the disaster, as evidenced by 
the family's FEMA registration, for a period of 24 months after May 
17, 2023. The other provisions of 24 CFR 92.209(h) are not waived.
    The waiver of the housing quality standards requirements at 24 
CFR 92.209(i) applies to units leased by TBRA recipients who were 
displaced by the disaster, as evidenced by the recipient's FEMA 
registration, and are being assisted through a HOME TBRA program 
funded by the participating jurisdiction for a period of 24 months 
after May 17, 2023. Units must meet any applicable State and local 
health and safety codes and requirements. The lead safe housing 
requirements of 24 CFR part 35, subpart M, made applicable to units 
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR 
92.355, are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.222(b)(1).
    Project/Activity: Any participating jurisdiction located in the 
declared-disaster areas (see FEMA-DR-4699-CA).
    Nature of Requirement: Section 220(a) of NAHA and 24 CFR 92.218 
require all HOME participating jurisdictions to contribute 
throughout the fiscal year to housing that qualifies as affordable 
housing under the HOME program. The contributions must total no less 
than 25 percent of the HOME funds drawn from the participating 
jurisdiction's HOME Investment Trust Fund Treasury account. Section 
220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec.  92.222(b) also 
permit HUD to reduce this matching requirement for a participating 
jurisdiction located in a declared-disaster area for any funds drawn 
from a participating jurisdiction's HOME Investment Trust Fund by up 
to 100 percent during any part of a fiscal year impacted by the 
disaster. However, Sec.  92.222(b)(1) imposes certain conditions in 
granting the reduction to the matching requirement which HUD has 
determined there is sufficient good cause to waive.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Given the urgent housing needs created by the 
disaster and the substantial financial impact the participating 
jurisdiction will face in addressing those

[[Page 71405]]

needs, the approval of a 100 percent match reduction for 
participating jurisdictions in the declared-disaster areas, rather 
than on an case-by-case basis, will relieve administrative and 
financial burden on affected participating jurisdictions by 
expediting the process for reduction and the need to identify and 
provide matching contributions to HOME projects.
    Applicability: This match reduction applies to funds expended by 
a participating jurisdiction located in the declared-disaster areas 
from October 1, 2022, through September 30, 2024. The waiver also 
applies to State-funded HOME projects located in declared-disaster 
areas.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.251.
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4699-CA).
    Nature of Requirement: This provision requires that housing 
assisted with HOME funds meet property standards based on the 
activity undertaken, i.e., acquisition of housing including through 
homebuyer assistance, and state and local standards and codes or 
model codes for rehabilitation and new construction. Property 
standard requirements are waived for repair of properties damaged by 
the disaster.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is required to enable the 
participating jurisdiction to meet the critical housing needs of 
families whose housing was damaged and families who were displaced 
by the disaster.
    Applicability: This waiver applies only to housing units located 
in the declared-disaster areas which were damaged by the disaster 
and to which HOME funds are committed within two years of May 17, 
2023. Units must meet State and local health and safety codes. The 
lead housing safety regulations established in 24 CFR part 35 are 
not waived. Also, accessibility requirements at 24 CFR 
92.251(a)(2)(i) are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 93.151(c).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4699-CA).
    Nature of Requirement: This section of the HTF regulation 
requires initial income determinations for HTF beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary.
    Date Granted: May 17, 2023.
    Reason Waived: Many families whose homes were destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HTF assistance if the 
requirement remains effective. This waiver permits the grantee to 
use self-certification of income, as provided in section 
93.151(d)(2), for HTF assisted units in lieu of source documentation 
to determine initial eligibility of persons displaced by the 
disaster.
    Applicability: This waiver is only available to the grantee of 
the declared-disaster area. This waiver applies only to families 
displaced by the disaster (as documented by FEMA registration or 
other documentation acceptable to the HTF grantee) whose income 
documentation was destroyed or made inaccessible by the disaster and 
remains in effect for six months from May 17, 2023. The grantee or, 
as appropriate, HTF project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
    Project/Activity: Any participating jurisdiction or grantee 
located in the declared-disaster area (see FEMA-DR-4701-TN) affected 
by the severe storms, straight-line winds, and tornadoes in 
Tennessee.
    Nature of Requirement: These sections of the HOME regulation 
require initial income determinations for HOME beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Many families whose housing was destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HOME assistance if the 
requirement remains effective. This waiver permits the participating 
jurisdiction to use self-certification of income, as provided in 
Sec.  92.203(a)(1)(ii), in lieu of source documentation to determine 
eligibility for HOME assistance of persons displaced by the 
disaster.
    Applicability: These waivers are only available to participating 
jurisdictions within the declared-disaster areas or a State 
participating jurisdiction of the declared-disaster areas to assist 
those displaced by the disaster. This waiver applies only to 
families displaced by the disaster (as evidenced by FEMA 
registration) whose income documentation was destroyed or made 
inaccessible by the disaster and remains in effect for six months 
from May 17, 2023. The participating jurisdiction or, as 
appropriate, HOME project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4701-TN).
    Nature of Requirement: Section 92.209(e) requires that the term 
of a HOME TBRA contract made with a landlord begin on the first day 
of the lease. Section 92.209(h)(1) limits the subsidy that a 
participating jurisdiction may pay toward a TBRA recipient's rent to 
the difference between the participating jurisdiction's rent 
standard for the unit size and 30 percent of the family's monthly 
adjusted income. And section 92.209(i) requires that units occupied 
by TBRA recipients meet the housing quality standards established in 
24 CFR 982.401.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving these provisions will provide the 
participating jurisdiction with greater flexibility to use tenant-
based rental assistance as an emergency housing resource.
    Applicability: All of these waivers are only available to a 
participating jurisdiction within the declared-disaster area or a 
State participating jurisdiction of the declared-disaster area 
providing TBRA to those displaced by the disaster, in accordance 
with the applicable conditions described below.
    The requirement in 24 CFR 92.209(e) that the start date of a 
TBRA contract begin on the first day of the term of a tenant's lease 
is waived for TBRA contracts a participating jurisdiction executes 
for persons or families displaced by the disaster, as evidenced by 
the tenant's FEMA registration or other relevant documentation 
acceptable to the participating jurisdiction, for a period of 24 
months after May 17, 2023. The provision of 24 CFR 92.209(h)(1) 
imposing the maximum amount of TBRA assistance a participating 
jurisdiction may provide to a family under HOME TBRA is waived for 
TBRA recipients who are displaced by the disaster, as evidenced by 
the family's FEMA registration, for a period of 24 months after May 
17, 2023. The other provisions of 24 CFR 92.209(h) are not waived. 
The waiver of the housing quality standards requirements at 24 CFR 
92.209(i) applies to units leased by TBRA recipients who were 
displaced by the disaster, as evidenced by the recipient's FEMA 
registration, and are being assisted through a HOME TBRA program 
funded by the participating jurisdiction for a period of 24 months 
after May 17, 2023. Units must meet any applicable State and local 
health and safety codes and requirements. The lead safe housing 
requirements of 24 CFR part 35,

[[Page 71406]]

subpart M, made applicable to units leased by recipients of HOME 
TBRA by the HOME regulation at 24 CFR 92.355, are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.222(b)(1).
    Project/Activity: Any participating jurisdiction located in the 
declared-disaster areas (see FEMA-DR-4701-TN).
    Nature of Requirement: Section 220(a) of NAHA and 24 CFR 92.218 
require all HOME participating jurisdictions to contribute 
throughout the fiscal year to housing that qualifies as affordable 
housing under the HOME program. The contributions must total no less 
than 25 percent of the HOME funds drawn from the participating 
jurisdiction's HOME Investment Trust Fund Treasury account. Section 
220(d)(5) of NAHA (42 U.S.C. 12750(d)(5)) and Sec.  92.222(b) also 
permit HUD to reduce this matching requirement for a participating 
jurisdiction located in a declared-disaster area for any funds drawn 
from a participating jurisdiction's HOME Investment Trust Fund by up 
to 100 percent during any part of a fiscal year impacted by the 
disaster. However, Sec.  92.222(b)(1) imposes certain conditions in 
granting the reduction to the matching requirement which HUD has 
determined there is sufficient good cause to waive.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Given the urgent housing needs created by the 
disaster and the substantial financial impact the participating 
jurisdiction will face in addressing those needs, the approval of a 
100 percent match reduction for participating jurisdictions in the 
declared-disaster areas, rather than on an case-by-case basis, will 
relieve administrative and financial burden on affected 
participating jurisdictions by expediting the process for reduction 
and the need to identify and provide matching contributions to HOME 
projects.
    Applicability: This match reduction applies to funds expended by 
a participating jurisdiction located in the declared-disaster areas 
from October 1, 2022, through September 30, 2024. The waiver also 
applies to State-funded HOME projects located in declared-disaster 
areas.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.251.
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4701-TN).
    Nature of Requirement: This provision requires that housing 
assisted with HOME funds meet property standards based on the 
activity undertaken, i.e., acquisition of housing including through 
homebuyer assistance, and state and local standards and codes or 
model codes for rehabilitation and new construction. Property 
standard requirements are waived for repair of properties damaged by 
the disaster.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is required to enable the 
participating jurisdiction to meet the critical housing needs of 
families whose housing was damaged and families who were displaced 
by the disaster.
    Applicability: This waiver applies only to housing units located 
in the declared-disaster areas which were damaged by the disaster 
and to which HOME funds are committed within two years of May 17, 
2023. Units must meet State and local health and safety codes. The 
lead housing safety regulations established in 24 CFR part 35 are 
not waived. Also, accessibility requirements at 24 CFR 
92.251(a)(2)(i) are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 93.151(c).
    Project/Activity: Projects located in the declared-disaster 
areas (see FEMA-DR-4701-TN).
    Nature of Requirement: This section of the HTF regulation 
requires initial income determinations for HTF beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Many families whose homes were destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HTF assistance if the 
requirement remains effective. This waiver permits the grantee to 
use self-certification of income, as provided in section 
93.151(d)(2), for HTF assisted units in lieu of source documentation 
to determine initial eligibility of persons displaced by the 
disaster.
    Applicability: This waiver is only available to the grantee of 
the declared-disaster area. This waiver applies only to families 
displaced by the disaster (as documented by FEMA registration or 
other documentation acceptable to the HTF grantee) whose income 
documentation was destroyed or made inaccessible by the disaster and 
remains in effect for six months from May 17, 2023. The grantee or, 
as appropriate, HTF project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.203(a)(1) and (2).
    Project/Activity: Any insular area located in the declared-
disaster area (see FEMA-DR-4715-GU) affected by Typhoon Mawar.
    Nature of Requirement: These sections of the HOME regulation 
require initial income determinations for HOME beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Many families whose housing was destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HOME assistance if the 
requirement remains effective. This waiver permits the insular area 
to use self-certification of income, as provided in Sec.  
92.203(a)(1)(ii), in lieu of source documentation to determine 
eligibility for HOME assistance of persons displaced by the 
disaster.
    Applicability: This waiver applies only to families displaced by 
the disaster (as evidenced by FEMA registration) whose income 
documentation was destroyed or made inaccessible by the disaster and 
remains in effect for six months from June 26, 2023. The insular 
area or, as appropriate, HOME project owner, is required to 
maintain: (1) a record of FEMA registration to demonstrate that a 
family was displaced by the disaster; and (2) a statement signed by 
appropriate family members certifying to the family's size and 
annual income and that the family's income documentation was 
destroyed or is inaccessible.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.209(e), (h)(1), and (i).
    Project/Activity: Projects located in the declared-disaster area 
(see FEMA-DR-4715-GU).
    Nature of Requirement: Section 92.209(e) requires that the term 
of a HOME TBRA contract made with a landlord begin on the first day 
of the lease. Section 92.209(h)(1) limits the subsidy that an 
insular area may pay toward a TBRA recipient's rent to the 
difference between the participating jurisdiction's rent standard 
for the unit size and 30 percent of the family's monthly adjusted 
income. And section 92.209(i) requires that units occupied by TBRA 
recipients meet the housing quality standards established in 24 CFR 
982.401.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving these provisions will provide the insular 
area with greater flexibility to use tenant-based rental assistance 
as an emergency housing resource.

[[Page 71407]]

    Applicability: All of these waivers are only available to the 
insular area in accordance with the applicable conditions described 
below.
    The requirement in 24 CFR 92.209(e) that the start date of a 
TBRA contract begin on the first day of the term of a tenant's lease 
is waived for TBRA contracts the insular area executes for persons 
or families displaced by the disaster, as evidenced by the tenant's 
FEMA registration or other relevant documentation acceptable to the 
insular area, for a period of 24 months after June 26, 2023. The 
provision of 24 CFR 92.209(h)(1) imposing the maximum amount of TBRA 
assistance the insular area may provide to a family under HOME TBRA 
is waived for TBRA recipients who are displaced by the disaster, as 
evidenced by the family's FEMA registration, for a period of 24 
months after June 26, 2023. The other provisions of 24 CFR 92.209(h) 
are not waived. The waiver of the housing quality standards 
requirements at 24 CFR 92.209(i) applies to units leased by TBRA 
recipients who were displaced by the disaster, as evidenced by the 
recipient's FEMA registration, and are being assisted through a HOME 
TBRA program funded by the insular area for a period of 24 months 
after June 26, 2023. Units must meet any applicable State and local 
health and safety codes and requirements. The lead safe housing 
requirements of 24 CFR part 35, subpart M, made applicable to units 
leased by recipients of HOME TBRA by the HOME regulation at 24 CFR 
92.355, are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 92.251.
    Project/Activity: Projects located in the declared-disaster area 
(see FEMA-DR-4715-GU).
    Nature of Requirement: This provision requires that housing 
assisted with HOME funds meet property standards based on the 
activity undertaken, i.e., acquisition of housing including through 
homebuyer assistance, and state and local standards and codes or 
model codes for rehabilitation and new construction. Property 
standard requirements are waived for repair of properties damaged by 
the disaster.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: This waiver is required to enable the insular 
area to meet the critical housing needs of families whose housing 
was damaged and families who were displaced by the disaster.
    Applicability: This waiver applies only to housing units which 
were damaged by the disaster and to which HOME funds are committed 
within two years of June 26, 2023. Units must meet State and local 
health and safety codes. The lead housing safety regulations 
established in 24 CFR part 35 are not waived. Also, accessibility 
requirements at 24 CFR 92.251(a)(2)(i) are not waived.
    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) 708-2684.

    <bullet> Regulation: 24 CFR 93.151(c).
    Project/Activity: Projects located in the declared-disaster area 
(see FEMA-DR-4715-GU).
    Nature of Requirement: This section of the HTF regulation 
requires initial income determinations for HTF beneficiaries by 
examining source documents covering the most recent two months.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Many families whose homes were destroyed or 
damaged by the disaster will not have any documentation of income 
and will not be able to qualify for HTF assistance if the 
requirement remains effective. This waiver permits the grantee to 
use self-certification of income, as provided in section 
93.151(d)(2), for HTF assisted units in lieu of source documentation 
to determine initial eligibility of persons displaced by the 
disaster.
    Applicability: This waiver applies only to families displaced by 
the disaster (as documented by FEMA registration or other 
documentation acceptable to the insular area) whose income 
documentation was destroyed or made inaccessible by the disaster and 
remains in effect for six months from June 26, 2023. The grantee or, 
as appropriate, HTF project owner, is required to maintain: (1) a 
record of FEMA registration to demonstrate that a family was 
displaced by the disaster; and (2) a statement signed by appropriate 
family members certifying to the family's size and annual income and 
that the family's income documentation was destroyed or is 
inaccessible.
    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) 708-2684.

Modified Waiver and Alternative Requirement To Provide Rental 
Assistance

    <bullet> Regulation: Alternative requirement to 42 U.S.C. 
5305(a)(8) in section II.B.6. of the Community Development Block 
Grant Disaster Recovery (CDBG-DR) Consolidated Notice published in 
the Federal Register on February 3, 2022, at 87 FR 6364 (the 
``February 2022 Notice''), May 24, 2022 at 87 FR 31636 (the ``May 
2022 Notice''), and January 18, 2023 at 88 FR 3198 (the ``January 
2023 Notice'')
    Project/Activity: The use of CDBG-DR funds for emergency grant 
payments as tenant-based and other forms of rental assistance to 
households impacted by disasters eligible under Public Laws 117-43 
and 117-180 (together, the ``Appropriations Acts'').
    Nature of Requirement: The February 2022, May 2022, and January 
2023 notices published in the Federal Register included the 
Consolidated Notice as Appendix B and made the Consolidated Notice 
applicable to CDBG-DR allocations identified in those notices. In 
the Consolidated Notice, HUD waived and modified 42 U.S.C. 
5305(a)(8) to impose an alternative requirement for the use of CDBG-
DR funds for emergency grant payments to extend interim mortgage 
assistance from three months to up to twenty months. The States of 
Louisiana, New Jersey, and Oregon received CDBG-DR grants subject to 
the February 2022, May 2022, or January 2023 Federal Register notice 
and requested a waiver and further modification of 42 U.S.C. 
5305(a)(8) to also provide emergency grant payments as tenant-based 
and other forms of rental assistance to households impacted by 
disasters eligible under the Appropriations Acts. Granted By: 
Adrianne Todman, Deputy Secretary.
    Date Granted: May 18, 2023.
    Reason Waived: After reviewing each grantee's request and based 
on the good cause provided, HUD waived and further modified 42 
U.S.C. 5305(a)(8) to expand the definition of public service to 
include the following activity: provision of rental assistance (e.g. 
rent, security deposits, and utility deposits) and utility payments 
for up to 24 months for the States of Louisiana, New Jersey, and 
Oregon.
    The goals of this waiver and alternative requirement are to 
prevent and minimize the time households are experiencing or are at 
risk of experiencing homelessness as a result of the qualifying 
disaster and to provide additional time to stabilize persons or 
households in permanent housing by providing rental assistance, 
rapid rehousing services, and/or intermediate housing (e.g., 
including for homeowners during repairs).
    Applicability: This waiver and modified alternative requirement 
is applicable to the State of Louisiana, State of New Jersey, and 
State of Oregon CDBG-DR funds appropriated for major disasters 
occurring in 2020 and 2021 under the Appropriations Acts. The 
alternative requirement for the provision of rental assistance (e.g. 
rent, security deposits, and utility deposits) and utility payments 
for up to 24 months is subject to the following requirements: the 
activity is subject to the 15 percent cap on public services and no 
beneficiary may receive more than a total of 24 months (for 
Louisiana, New Jersey, Oregon) of this type of assistance, HUD may 
further extend the waiver and alternative requirements 
administratively, if requested by the grantees and good cause for 
such an extension exists at that time, and a homeowner receiving any 
form of CDBG-DR interim mortgage assistance is not eligible for 
rental assistance or utility payments as authorized by this waiver 
and alternative requirement. This alternative requirement does not 
relieve grantees of the duty to comply with other applicable 
requirements relating to the temporary relocation or permanent 
displacement of persons.
    Contact: Tennille S. Parker, Director, Office of Disaster 
Recovery, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 708-3587.

[[Page 71408]]

Reimbursement Extension Waiver and Alternative Requirement

    <bullet> Regulation: Section III.F.5 of the Community 
Development Block Grant disaster recovery (CDBG-DR) Consolidated 
Notice published in the Federal Register on February 3, 2022, at 87 
FR 6364 (the ``February 2022 Notice''), May 24, 2022 at 87 FR 31636 
(the ``May 2022 Notice''), and January 18, 2023 at 88 FR 3198 (the 
``January 2023 Notice'').
    Project/Activity: CDBG-DR funds allocated to the State of 
Louisiana pursuant to the Disaster Relief Supplemental 
Appropriations Act, 2022 (Pub. L. 117-43) approved September 30, 
2021, for major disasters occurring in 2020 and 2021, and the 
Continuing Appropriations Act, 2023 (Pub. L. 117-180) approved 
September 30, 2022, for major disasters occurring in 2021 (together, 
the ``Appropriations Acts'').
    Nature of Requirement: The February 2022, May 2022, and January 
2023 notices published in the Federal Register included the 
Consolidated Notice as Appendix B and made the Consolidated Notice 
applicable to the CDBG-DR allocations identified in those notices. 
Specifically, paragraph III.F.5 of the Consolidated Notice permits 
grantees to charge to grants the pre-award and pre-application costs 
of homeowners, renters, businesses, and other qualifying entities 
for eligible costs these applicants have incurred in response to an 
eligible disaster covered under the grantee's applicable Federal 
Register notices. In addition to other requirements, paragraph 
III.F.5 stipulates that grantees may charge to the grant the 
eligible pre-application costs of individuals and private entities 
related to single family, multifamily, and nonresidential buildings, 
only if (1) the person or private entity incurred the expenses 
within one year after the applicability date of the grantee's 
Allocation Announcement Notice (or within one year after the date of 
the disaster, whichever is later); and (2) the person or entity pays 
for the cost before the date on which the person or entity applies 
for CDBG-DR assistance. The Department received a request and 
justification from the State of Louisiana to extend the February 8, 
2023 deadline to December 31, 2023 for eligible pre-application 
costs.
    Granted By: Adrianne Todman, Deputy Secretary.
    Date Granted: June 28, 2023.
    Reason Waived: After reviewing the grantee's request, the 
Department determined there was good cause to modify the alternative 
requirement in paragraph IV.B.1. of the January 2023 notice to 
change the February 8, 2023 deadline to December 31, 2023 for all 
funds provided to Louisiana under the Appropriations Acts. The 
waiver and alternative requireiment will allow the State of 
Louisiana to to better track expenses, avoid confusion, and apply a 
uniform time frame for reimbursement of all pre-application costs 
for 2020 and 2021 disasters.
    Applicability: This waiver is applicable to the CDBG-DR funds 
appropriated for major disasters occurring in 2020 and 2021 under 
the Appropriations Acts for the State of Louisiana only. I last date 
that persons or private entities could incur otherwise allowable, 
reimbursable pre-application costs is December 31, 2023, or the date 
of application to the State for assistance, whichever is earlier. 
For any applicant that submits an application to the State prior to 
the reimbursement deadline of December 31, 2023, the period to incur 
allowable, reimbursable pre-application costs would be from the date 
of the initial disaster to the date of the application. When 
reimbursing eligible pre-award and pre-application costs of 
homeowners, renters, businesses, and other qualifying entities, the 
State is reminded to follow all other requirements described in 
paragraph III.F.5 of the Consolidated Notice.
    Contact: Tennille S. Parker, Director, Office of Disaster 
Recovery, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 708-3587.

Waiver and Alternative Requirement for One-for-One Replacement 
Housing Requirements for the Cdbg-Dr Mitigation Set-Aside

    <bullet> Regulation: One-for-one replacement requirements in 
section 104(d)(2)(A)(i) and (ii) and (d)(3) of the Housing and 
Community Development Act of 1974 (HCDA) (42 U.S.C 5304(d)(2)(A)(i) 
and (ii) and (d)(3) and 24 CFR 42.375 in section IV.F.1. of the 
Consolidated Notice published in the Federal Register on February 3, 
2022, at 87 FR 6364 (the ``February 2022 Notice''), May 24, 2022 at 
87 FR 31636 (the ``May 2022 Notice''), and January 18, 2023, at 88 
FR 3198 (the ``January 2023 Notice'').
    Project/Activity: Community Development Block Grant disaster 
recovery (CDBG-DR) funds allocated to the State of Louisiana 
pursuant to the Disaster Relief Supplemental Appropriations Act, 
2022 (Pub. L. 117-43) approved September 30, 2021, for major 
disasters occurring in 2020 and 2021, and the Continuing 
Appropriations Act, 2023 (Pub. L. 117-180) approved September 30, 
2022, for major disasters occurring in 2021 (together, the 
``Appropriations Acts'').
    Nature of Requirement: The Appropriations Acts require HUD to 
include in any allocation of CDBG-DR funds for unmet needs an 
additional amount of 15 percent for mitigation activities (the 
``CDBG-DR mitigation set-aside''). The February 2022, May 2022, and 
January 2023 notices published in the Federal Register govern the 
use of funds allocated from the Appropriations Acts. These Federal 
Register notices included the Consolidated Notice as Appendix B and 
made the Consolidated Notice applicable to the CDBG-DR allocations 
identified in those notices.
    Specifically, section IV.F.1. of the Consolidated Notice waives 
the one-for-one replacement requirements at section 104(d)(2)(A)(i) 
and (ii) and 104(d)(3) of the HCDA (42 U.S.C 5304(d)(2)(A)(i) and 
(ii) and (d)(3)) and 24 CFR 42.375 for owner-occupied lower-income 
dwelling units that are damaged by the disaster and not suitable for 
rehabilitation. Section 104(d) one-for-one replacement housing 
requirements apply to occupied and vacant occupiable lower-income 
dwelling units demolished or converted in connection with a CDBG 
assisted activity. Section 104(d) and 24 CFR 42.375 require that all 
occupied and vacant occupiable lower-income dwelling units that are 
demolished or converted to a use other than as lower-income dwelling 
units in connection with a CDBG-assisted activity must be replaced 
with comparable lower-income dwelling units. Section 104(d) and 24 
CFR 42.375 also require that before the CDBG recipient commits funds 
for any activity that will directly result in the demolition of 
lower-income dwelling units or the conversion of lower-income 
dwelling units to another use, the recipient must make a public 
submission that describes the project and how the one-for-one 
replacement requirements will be met, along with a written 
submission to the HUD field office. This waiver expands the waiver 
provisions of section IV.F.1. of the Consolidated Notice to exempt 
all owner-occupied lower-income dwelling units funded under the 
relevant CDBG-DR mitigation set aside for the State of Louisiana 
that meet the grantee's definition of ``not suitable for 
rehabilitation'' from the one-for-one replacement housing 
requirements of 24 CFR 42.375.
    Granted By: Adrianne Todman, Deputy Secretary.
    Date Granted: June 28, 2023.
    Reason Waived: After reviewing the grantee's request, the 
Department finds there is good cause to waive the one-for-one 
replacement requirements in section 104(d)(2)(A)(i) and (ii) and 
(d)(3) (of the Housing and Community Development Act of 1974 (HCDA) 
42 U.S.C 5304(d)(2)(A)(i) and (ii) and (d)(3)) and 24 CFR 42.375 for 
the grantee's CDBG-DR mitigation set-aside only. One-for-one 
replacement housing requirements at section 104(d)(2)(A)(i) and (ii) 
and 104(d)(3) of the HCDA (42 U.S.C 5304(d)(2)(A)(i) and (ii) and 
(d)(3)) and 24 CFR 42.375 are waived for all demolished or converted 
lower income dwelling units that are eligible through the CDBG-DR 
mitigation set-aside to permanently move people and/or property out 
of harm's way as part of a housing mitigation activity, such as a 
buyout, that addresses a risk identified in a grantee's risk-based 
mitigation needs assessment.
    This waiver exempts lower-income dwelling units that meet the 
grantee's definition of ``not suitable for replacement'' from the 
one-for-one replacement requirements, since activities funded by the 
CDBG-DR mitigation set-aside may be removing housing units that are 
not damaged by the qualified disaster but still are necessary to 
address mitigation risk. This waiver and alternative requirement 
will not apply retroactively and will only apply to the eligible 
CDBG-DR mitigation set-aside activities identified in the February 
2022 Notice, the May 2022 Notice, and January 2023 Notice.
    Applicability: This waiver is applicable to the CDBG-DR funds 
appropriated for major disasters occurring in 2020 and 2021 under 
the Appropriations Acts for the State of Louisiana only. This waiver 
exempts lower-income dwelling units that meet the grantee's 
definition of ``not suitable for replacement'' from the one-for-one 
replacement requirements, since activities funded by the CDBG-DR 
mitigation set-aside may be removing housing units that are not 
damaged

[[Page 71409]]

by the qualified disaster but still are necessary to address 
mitigation risk. This waiver and alternative requirement will not 
apply retroactively and will only apply to the eligible CDBG-DR 
mitigation set-aside activities identified in the February 2022 
Notice, the May 2022 Notice, and January 2023 Notice.
    Before carrying out activities under the CDBG-DR mitigation set-
aside that may be subject to the one-for-one replacement 
requirements, the grantee must define ``not suitable for 
replacement'' in its action plan or in policies and procedures 
governing these activities. When working to move people and/or 
property out of harm's way, requiring replacement housing units to 
be located within the same neighborhood can be inconsistent with the 
purposes of the CDBG-DR mitigation set-aside and is not always 
feasible because these areas have been identified to have current 
and future disaster risks, as described in the grantee's mitigation 
needs assessment.
    Even when using the CDBG-DR mitigation set-aside, the grantee 
must reassess post-disaster population and housing needs relative to 
the mitigation needs assessment to determine the appropriate type 
and amount of lower-income dwelling units to rehabilitate or 
reconstruct. The grantee must include this analysis in its program 
files with a description of how the CDBG-DR mitigation set-aside 
funds or other sources, including CDBG-DR funds, will be used to 
address housing and mitigation needs for residents of lower-income 
dwelling units. The grantee should note that the demolition and/or 
disposition of public housing units continue to be subject to 
section 18 of the United States Housing Act of 1937, as amended, and 
24 CFR part 970.
    Contact: Tennille S. Parker, Director, Office of Disaster 
Recovery, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 708-3587.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR 
91.115(c)(2) and (i), and 24 CFR 91.401.
    Project/Activity: The State of Arkansas and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the declared-disaster area (see DR-4698-AR) seeking to 
expedite action in response to severe storms and tornadoes, upon 
notification to the Community Planning and Development Director in 
its respective HUD Field Office. This authority is in effect for 
grantees in the areas covered by the major disaster declaration 
under title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April 2, 
2023, as may be amended (the ``Arkansas declared-disaster areas'') 
and is limited to facilitating preparation of substantial amendments 
to FY 2022 and prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k); 24 CFR 91.115(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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Several CPD grantees were affected by severe 
storms and tornadoes that hit Arkansas and received a major disaster 
declaration on April 2, 2023. As a result of substantial property 
loss and destruction, many individuals and families residing in the 
Arkansas declared-disaster areas were displaced from their homes, 
including beneficiaries of various CPD programs, and families 
eligible to receive CPD program assistance. The waiver granted will 
allow grantees to expedite recovery efforts for low- and moderate-
income residents affected by the property loss and destruction 
resulting from this event.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 
91.115(c)(2) and (i).
    Project/Activity: The State of Arkansas and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the Arkansas declared-disaster areas (see DR-4698-AR) 
seeking to expedite action in response to severe storms and 
tornadoes, upon notification to the Community Planning and 
Development Director in its respective HUD Field Office. This 
authority is in effect for grantees within the Arkansas declared-
disaster areas and is limited to facilitating preparation of 
substantial amendments to FY 2022 and prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to 
follow its citizen participation plan to provide citizens with 
reasonable notice and opportunity to comment. The citizen 
participation plan must state how reasonable notice and opportunity 
to comment will be given.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: As stated above, several CPD grantees were 
affected by severe storms and tornadoes that hit Arkansas and 
received a major disaster declaration on April 2, 2023. As a result 
of substantial property loss and destruction, many individuals and 
families residing in the Arkansas declared-disaster areas were 
displaced from their homes, including beneficiaries of various CPD 
programs, and families eligible to receive CPD program assistance. 
The waiver granted will allow grantees to determine what constitutes 
reasonable notice and opportunity to comment given their 
circumstances and provide that level of notice and opportunity to 
comment when amending prior year plans in response to the disaster.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 570.207(b)(4).
    Project/Activity: All CDBG grantees located within and outside 
declared disaster areas assisting persons and families who have 
registered with FEMA in connection with Arkansas severe storms and 
tornadoes.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) 
to permit emergency grant payments for items such as food, clothing, 
housing (rent or mortgage), or utilities for up to six consecutive 
months. While this waiver allows emergency grant payments to be made 
for up to six consecutive months, the payments must still be made to 
service providers as opposed to the affected individuals or 
families. Many individuals and families have been forced to abandon 
their homes due to the damage associated with severe storms and 
tornadoes. The waiver will allow CDBG grantees, including grantees 
providing assistance to evacuees outside the Arkansas declared-
disaster areas, to pay for the basic daily needs of individuals and 
families affected by the severe tornadoes and storms on an interim 
basis. This authority is in effect through the end of the grantee's 
2023 program year. This waiver aligns with waivers currently in 
effect for CDBG coronavirus (CDBG-CV) grants. The six-month periods 
allowed by waiver for CDBG and CDBG-CV shall not be used 
consecutively for the same beneficiary.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR 
91.115(c)(2) and (i), and 24 CFR 91.401.
    Project/Activity: The State of Tennessee and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the declared-disaster area (see DR-4701-TN) seeking to 
expedite action in response to Tennessee severe storms, straight-
line winds, and tornadoes, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office. This authority is in effect for grantees in the areas 
covered by the major disaster declaration under title IV of the 
Robert T. Stafford Disaster Relief and

[[Page 71410]]

Emergency Assistance Act (Stafford Act), DR-4701-TN, dated April 7, 
2023, as may be amended (the ``Tennessee declared-disaster areas'') 
and is limited to facilitating preparation of substantial amendments 
to FY 2022 and prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k); 24 CFR 91.115(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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Several CPD grantees were affected by severe 
storms, straight-line winds, and tornadoes that hit Tennessee and 
received a disaster declaration April 7, 2023. As a result of 
substantial property loss and destruction, many individuals and 
families residing in the Tennessee declared-disaster areas were 
displaced from their homes, including beneficiaries of various CPD 
programs, and families eligible to receive CPD program assistance. 
The waiver granted will allow grantees to expedite recovery efforts 
for low- and moderate-income residents affected by the property loss 
and destruction resulting from this event.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 
91.115(c)(2) and (i).
    Project/Activity: The State of Tennessee and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the Tennessee declared-disaster areas (see DR-4701-TN) 
seeking to expedite action in response to severe storms, straight-
line winds, and tornadoes, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office. This authority is in effect for grantees within the 
Tennessee declared-disaster areas and is limited to facilitating 
preparation of substantial amendments to FY 2023 and prior year 
plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to 
follow its citizen participation plan to provide citizens with 
reasonable notice and opportunity to comment. The citizen 
participation plan must state how reasonable notice and opportunity 
to comment will be given.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: As stated above, several CPD grantees were 
affected by severe storms, straight-line winds, and tornadoes that 
hit Tennessee and received a major disaster declaration on April 7, 
2023. As a result of substantial property loss and destruction, many 
individuals and families residing in the Tennessee declared-disaster 
areas were displaced from their homes, including beneficiaries of 
various CPD programs, and families eligible to receive CPD program 
assistance. The waiver granted will allow grantees to determine what 
constitutes reasonable notice and opportunity to comment given their 
circumstances and provide that level of notice and opportunity to 
comment when amending prior year plans in response to the disaster.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 570.207(b)(4).
    Project/Activity: All CDBG grantees located within and outside 
declared disaster areas assisting persons and families who have 
registered with FEMA in connection with Tennessee severe storms, 
straight-line winds, and tornadoes.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) 
to permit emergency grant payments for items such as food, clothing, 
housing (rent or mortgage), or utilities for up to six consecutive 
months. While this waiver allows emergency grant payments to be made 
for up to six consecutive months, the payments must still be made to 
service providers as opposed to the affected individuals or 
families. Many individuals and families have been forced to abandon 
their homes due to the damage associated with severe storms, 
straight-line winds, and tornadoes. The waiver will allow CDBG 
grantees, including grantees providing assistance to evacuees 
outside the Tennessee declared-disaster areas, to pay for the basic 
daily needs of individuals and families affected by the severe 
tornadoes and storms on an interim basis. This authority is in 
effect through the end of the grantee's 2023 program year. This 
waiver aligns with waivers currently in effect for CDBG coronavirus 
(CDBG-CV) grants. The six-month periods allowed by waiver for CDBG 
and CDBG-CV shall not be used consecutively for the same 
beneficiary.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR 
91.115(c)(2) and (i), and 24 CFR 91.401.
    Project/Activity: The State of California and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the declared-disaster area seeking to expedite action in 
response to California severe winter storms, straight-line winds, 
flooding, landslides, and mudslides, upon notification to the 
Community Planning and Development Director in its respective HUD 
Field Office. This authority is in effect for grantees in the areas 
covered by the major disaster declaration under title IV of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), DR-4699-CA, dated April 3, 2023, as may be amended 
(the ``California declared-disaster areas'') and is limited to 
facilitating preparation of substantial amendments to FY 2023 and 
prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k); 24 CFR 91.115(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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Several CPD grantees were affected by severe 
winter storms, straight-line winds, flooding, landslides, and 
mudslides and received a major disaster declaration on April 3, 
2023. As a result of substantial property loss and destruction, many 
individuals and families residing in the California declared-
disaster areas were displaced from their homes, including 
beneficiaries of various CPD programs, and families eligible to 
receive CPD program assistance. The waiver granted will allow 
grantees to expedite recovery efforts for low- and moderate-income 
residents affected by the property loss and destruction resulting 
from this event.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 
91.115(c)(2) and (i).
    Project/Activity: The State of California and any HUD Community 
Planning and Development (CPD) grantee located in the counties 
included in the California declared-disaster areas (see DR-4699-CA) 
seeking to expedite action in response to severe winter storms, 
straight-line winds, flooding, landslides, and mudslides, upon 
notification to the Community Planning and Development Director in 
its respective HUD Field Office. This authority is in effect for 
grantees within the California declared-disaster areas and is 
limited to facilitating preparation of substantial amendments to FY 
2022 and prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 91.115(c)(2) and (i) require the grantee to 
follow its citizen participation plan to

[[Page 71411]]

provide citizens with reasonable notice and opportunity to comment. 
The citizen participation plan must state how reasonable notice and 
opportunity to comment will be given.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: As stated above, several CPD grantees were 
affected by severe winter storms, straight-line winds, flooding, 
landslides, and mudslides that received a major disaster declaration 
on April 3, 2023. As a result of substantial property loss and 
destruction, many individuals and families residing in the 
California declared-disaster areas were displaced from their homes, 
including beneficiaries of various CPD programs, and families 
eligible to receive CPD program assistance. The waiver granted will 
allow grantees to determine what constitutes reasonable notice and 
opportunity to comment given their circumstances and provide that 
level of notice and opportunity to comment when amending prior year 
plans in response to the disaster.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Community Planning and Development, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 7282, Washington, 
DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 570.207(b)(4).
    Project/Activity: All CDBG grantees located within and outside 
declared disaster areas assisting persons and families who have 
registered with FEMA in connection with California severe winter 
storms, straight-line winds, flooding, landslides, and mudslides.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) 
to permit emergency grant payments for items such as food, clothing, 
housing (rent or mortgage), or utilities for up to six consecutive 
months. While this waiver allows emergency grant payments to be made 
for up to six consecutive months, the payments must still be made to 
service providers as opposed to the affected individuals or 
families. Many individuals and families have been forced to abandon 
their homes due to the damage associated with severe storms, 
straight-line winds, and tornadoes. The waiver will allow CDBG 
grantees, including grantees providing assistance to evacuees 
outside the California declared-disaster areas, to pay for the basic 
daily needs of individuals and families affected by the severe 
winter storms, straight-line winds, flooding, landslides, and 
mudslides on an interim basis. This authority is in effect through 
the end of the grantee's 2023 program year. This waiver aligns with 
waivers currently in effect for CDBG coronavirus (CDBG-CV) grants. 
The six-month periods allowed by waiver for CDBG and CDBG-CV shall 
not be used consecutively for the same beneficiary.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
570.440(i)(2).
    Project/Activity: Guam's interest in expediting action in 
response to Typhoon Mawar, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office. This authority is in effect for Guam, which received a major 
disaster declaration under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4715-GU, dated May 25, 2023, as may be amended (the ``Guam declared-
disaster areas'') and is limited to facilitating preparation of 
substantial amendments to FY 2023 and prior year plans.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) 
and (k) and 24 CFR 570.440(i)(2) 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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Guam was severely affected by Typhoon Mawar that 
hit the island, and received a major disaster declaration on May 25, 
2023. As a result of substantial property loss and destruction, many 
individuals and families residing in the Guam were displaced from 
their homes, including beneficiaries of various CPD programs, and 
families eligible to receive CPD program assistance. The waiver 
granted will allow grantees to expedite recovery efforts for low- 
and moderate-income residents affected by the property loss and 
destruction resulting from this event.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
570.441(b).
    Project/Activity: Guam's interest in expediting action in 
response to Typhoon Mawar, upon notification to the Community 
Planning and Development Director in its respective HUD Field 
Office. This authority is in effect for Guam and is limited to 
facilitating preparation of substantial amendments to FY 2023 and 
prior year plans.
    Nature of Requirement: The regulations 24 CFR 91.105(c)(2) and 
(k) and 24 CFR 570.441(b) require the grantee to follow its citizen 
participation plan to provide citizens with reasonable notice and 
opportunity to comment. The citizen participation plan must state 
how reasonable notice and opportunity to comment will be given.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: As stated above, Guam was severely affected by 
Typhoon Mawar and received a major disaster declaration on May 25, 
2023. As a result of substantial property loss and destruction, many 
individuals and families residing in the Guam were displaced from 
their homes, including beneficiaries of various CPD programs, and 
families eligible to receive CPD program assistance. The waiver 
granted will allow Guam to determine what constitutes reasonable 
notice and opportunity to comment given their circumstances and 
provide that level of notice and opportunity to comment when 
amending prior year plans in response to the disaster.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Community Planning and Development, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 7282, Washington, 
DC 20410, telephone (202) 402-4211.

    <bullet> Regulation: 24 CFR 570.420(b)(3)(ii) and 24 CFR 
570.207(b)(4).
    Project/Activity: Guam's assistance with persons and families 
who have registered with FEMA in connection with Typhoon Mawar.
    Nature of Requirement: The CDBG regulations at 24 CFR 
570.207(b)(4) prohibit income payments, but permit emergency grant 
payments for three months. ``Income payments'' means a series of 
subsistence-type grant payments made to an individual or family for 
items such as food, clothing, housing (rent or mortgage), or 
utilities. Emergency grant payments made over a period of up to 
three consecutive months to the providers of such items and services 
on behalf of an individual or family are eligible public services.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: HUD waives the provisions of 24 CFR 
570.420(b)(3)(ii) and 24 CFR 570.207(b)(4) to permit emergency grant 
payments for items such as food, clothing, housing (rent or 
mortgage), or utilities for up to six consecutive months. While this 
waiver allows emergency grant payments to be made for up to six 
consecutive months, the payments must still be made to service 
providers as opposed to the affected individuals or families. Many 
individuals and families have been forced to abandon their homes due 
to the damage associated with Typhoon Mawar. The waiver will allow 
Guam to pay for the basic daily needs of individuals and families 
affected by the typhoon on an interim basis. This authority is in 
effect through the end of the Guam's 2023 program year. This waiver 
aligns with waivers currently in effect for CDBG coronavirus (CDBG-
CV) grants. The six-

[[Page 71412]]

month periods allowed by waiver for CDBG and CDBG-CV shall not be 
used consecutively for the same beneficiary.
    Contact: Robert C. Peterson, Director, State and Small Cities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4211.

Mega-Waiver for Arkansas Severe Storms and Tornadoes--Housing 
Opportunities for Persons With AIDS (HOPWA) Program

    On April 11, 2023, HUD issued an updated memorandum offering 
waivers of certain statutory and regulatory requirements associated 
with several Community Planning and Development (CPD) grant programs 
to address damage and facilitate recovery from Arkansas severe 
storms and tornadoes in areas covered by a major disaster 
declaration under Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April 
2, 2023, as may be amended (the ``declared-disaster areas'').

    <bullet> Regulation: 24 CFR 574.310(b)(2), Habitability 
Standards.
    Project/Activity: The habitability requirements in 24 CFR 
574.310(b)(2) are waived for units in the declared-disaster areas 
that are or will be occupied by HOPWA-eligible households, provided 
that the units are free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet 
HOPWA habitability standards within 60 days of the date of April 11, 
2023.
    Nature of Requirement: Section 574.310(b)(2) of the HOPWA 
regulations provides minimum habitability 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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: This waiver is required to enable grantees and 
project sponsors to expeditiously meet the critical housing needs of 
the many eligible families in the declared disaster areas.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#3e52574d5f105f104d4a5b5750565f4b5b4c7e564b5a10595148"><span class="__cf_email__" data-cfemail="caa6a3b9abe4abe4b9beafa3a4a2abbfafb88aa2bfaee4ada5bc">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
    Project/Activity: Provided that the maximum subsidy is otherwise 
calculated as provided by Sec.  574.320(a)(1), the requirement to 
use the rent standard as provided by Sec.  574.320(a)(1) is waived. 
This waiver applies to the calculation of rental assistance for any 
rent amount that takes effect during the two-year period beginning 
on April 11, 2023, for any individual or family who is renting or 
executes a lease for a unit in the declared-disaster areas. This 
waiver would apply for twelve months from the date of the execution 
of the lease. Grantees and project sponsors must still ensure the 
reasonableness of rent charged for units in the declared-disaster 
areas in accordance with Sec.  574.320(a)(3).
    Nature of Requirement: The amount of grant funds used to pay 
monthly assistance for an eligible person may not exceed the 
difference between: (i) The lower of the rent standard or reasonable 
rent for the unit; and (ii) The resident's rent payment calculated 
under Sec.  574.310(d).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Permitting the maximum rental assistance subsidy 
to be calculated under 24 CFR 574.320(a)(1) without regard to the 
rent standard would enable HOPWA grantees to expedite efforts to 
meet the critical housing needs of low-income people living with HIV 
and their families in the declared-disaster areas. Under the 
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard 
shall be no more than the published section 8 fair market rent (FMR) 
or the HUD-approved community-wide exception for the unit size. In 
addition, on a unit-by-unit basis, the grantee may increase that 
amount by up to 10 percent for up to 20 percent of the units 
assisted. Notice CPD-22-10 Clarification of Rent Standard 
Requirement for the Housing Opportunities for Persons With AIDS 
(HOPWA) Program provides additional clarity and flexibility on how 
HOPWA grantees can administer the rent standard in accordance with 
24 CFR 574.320(a)(2) and the Regulatory and Administrative 
Requirement Waivers and Flexibilities Available to HUD Public 
Housing and Section 8 During CY 2022 and CY 2023 to Public 16 
Housing Agencies To Assist With Recovery and Relief Efforts on 
Behalf of Families Affected by Presidentially Declared Disasters, 87 
FR 469 (Section 8 Disaster Notice) provides additional rent standard 
flexibility in presidentially declared disaster areas. Due to the 
extensive damage to housing units in the declared disaster area and 
the need to ensure safe and decent units are immediately available 
to eligible households to prevent homelessness and protect the 
health of the people with HIV served under the program, HUD has 
determined that it is not practicable for grantees to be held to the 
rent standards in 24 CFR 574.320(a)(2) even with the additional 
flexibilities under Notice CPD-22-10 and the Section 8 Disaster 
Notice. Waiving the requirement to use the rent standard in the 
calculation of the maximum monthly rental assistance amount under 
Sec.  574.320(a)(1), while still requiring that the unit be rent 
reasonable in accordance with Sec.  574.320(a)(3), will make more 
units immediately available to HOPWA eligible individuals and 
families in need of permanent housing in the declared-disaster areas 
and will help to quickly stabilize their housing and health.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#9ff3f6ecfeb1feb1ecebfaf6f1f7feeafaeddff7eafbb1f8f0e9"><span class="__cf_email__" data-cfemail="4b2722382a652a65383f2e2225232a3e2e390b233e2f652c243d">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.530, Recordkeeping.
    Project/Activity: The recordkeeping requirement at 24 CFR 
574.530 is waived to the extent necessary to allow HOPWA grantees, 
located within and outside of the declared disaster areas, to assist 
displaced persons and families, provided that the grantees (1) 
require written certification of HIV status and income of such 
individuals and families seeking assistance and (2) obtain source 
documentation of HIV status and income eligibility within six months 
of April 11, 2023.
    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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of 
income and HIV status in lieu of source documentation to determine 
eligibility for HOPWA assistance for individuals and families 
displaced by the disaster. Many individuals and families displaced 
by the disaster whose homes have been destroyed or damaged will not 
have immediate access to documentation of income or medical records 
and, without this waiver, will be unable to document their 
eligibility for HOPWA assistance.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#abc7c2d8ca85ca85d8dfcec2c5c3cadeced9ebc3decf85ccc4dd"><span class="__cf_email__" data-cfemail="016d6872602f602f727564686f6960746473416974652f666e77">[email protected]</span></a>.

Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds, and 
Tornadoes--Housing Opportunities for Persons With AIDS (HOPWA) 
Program

    On May 17, 2023, HUD issued a memorandum offering waivers of 
certain statutory and regulatory requirements associated with 
several Community Planning and Development (CPD) grant programs to 
address damage and facilitate recovery from Tennessee severe storms, 
straight-line winds, and tornadoes in areas covered by a major 
disaster declaration under Title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4701-TN, dated April 7, 2023, as may be amended (the ``declared-
disaster areas'').

    <bullet> Regulation: 24 CFR 574.310(b)(2), Habitability 
Standards.
    Project/Activity: The habitability requirements in 24 CFR 
574.310(b)(2) are waived for units in the declared-disaster areas 
that are or will be occupied by HOPWA-eligible households, provided 
that the units are free of life-threatening

[[Page 71413]]

conditions as defined in Notice PIH 2017-20 (HA). Grantees must 
ensure that these units meet HOPWA habitability standards within 60 
days of the date of May 17, 2023.
    Nature of Requirement: Section 574.310(b)(2) of the HOPWA 
regulations provides minimum habitability 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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is required to enable grantees and 
project sponsors to expeditiously meet the critical housing needs of 
the many eligible families in the declared disaster areas.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#7c10150f1d521d520f08191512141d09190e3c140918521b130a"><span class="__cf_email__" data-cfemail="8be7e2f8eaa5eaa5f8ffeee2e5e3eafeeef9cbe3feefa5ece4fd">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
    Project/Activity: Provided that the maximum subsidy is otherwise 
calculated as provided by Sec.  574.320(a)(1), the requirement to 
use the rent standard as provided by Sec.  574.320(a)(1) is waived. 
This waiver applies to the calculation of rental assistance for any 
rent amount that takes effect during the two-year period beginning 
on May 17, 2023, for any individual or family who is renting or 
executes a lease for a unit in the declared-disaster areas. This 
waiver would apply for twelve months from the date of the execution 
of the lease. Grantees and project sponsors must still ensure the 
reasonableness of rent charged for units in the declared-disaster 
areas in accordance with Sec.  574.320(a)(3).
    Nature of Requirement: The amount of grant funds used to pay 
monthly assistance for an eligible person may not exceed the 
difference between: (i) The lower of the rent standard or reasonable 
rent for the unit; and (ii) The resident's rent payment calculated 
under Sec.  574.310(d).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Permitting the maximum rental assistance subsidy 
to be calculated under 24 CFR 574.320(a)(1) without regard to the 
rent standard would enable HOPWA grantees to expedite efforts to 
meet the critical housing needs of low-income people living with HIV 
and their families in the declared-disaster areas. Under the 
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard 
shall be no more than the published section 8 fair market rent (FMR) 
or the HUD-approved community-wide exception for the unit size. In 
addition, on a unit-by-unit basis, the grantee may increase that 
amount by up to 10 percent for up to 20 percent of the units 
assisted. Notice CPD-22-10 Clarification of Rent Standard 
Requirement for the Housing Opportunities for Persons With AIDS 
(HOPWA) Program provides additional clarity and flexibility on how 
HOPWA grantees can administer the rent standard in accordance with 
24 CFR 574.320(a)(2) and the Regulatory and Administrative 
Requirement Waivers and Flexibilities Available to HUD Public 
Housing and Section 8 During CY 2022 and CY 2023 to Public 16 
Housing Agencies To Assist With Recovery and Relief Efforts on 
Behalf of Families Affected by Presidentially Declared Disasters, 87 
FR 469 (Section 8 Disaster Notice) provides additional rent standard 
flexibility in presidentially declared disaster areas. Due to the 
extensive damage to housing units in the declared disaster area and 
the need to ensure safe and decent units are immediately available 
to eligible households to prevent homelessness and protect the 
health of the people with HIV served under the program, HUD has 
determined that it is not practicable for grantees to be held to the 
rent standards in 24 CFR 574.320(a)(2) even with the additional 
flexibilities under Notice CPD-22-10 and the Section 8 Disaster 
Notice. Waiving the requirement to use the rent standard in the 
calculation of the maximum monthly rental assistance amount under 
Sec.  574.320(a)(1), while still requiring that the unit be rent 
reasonable in accordance with Sec.  574.320(a)(3), will make more 
units immediately available to HOPWA eligible individuals and 
families in need of permanent housing in the declared-disaster areas 
and will help to quickly stabilize their housing and health.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#3c50554f5d125d124f48595552545d49594e7c544958125b534a"><span class="__cf_email__" data-cfemail="b9d5d0cad897d897cacddcd0d7d1d8ccdccbf9d1ccdd97ded6cf">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.530, Recordkeeping.
    Project/Activity: The recordkeeping requirement at 24 CFR 
574.530 is waived to the extent necessary to allow HOPWA grantees, 
located within and outside of the declared disaster areas, to assist 
displaced persons and families, provided that the grantees (1) 
require written certification of HIV status and income of such 
individuals and families seeking assistance and (2) obtain source 
documentation of HIV status and income eligibility within six months 
of May 17, 2023.
    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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of 
income and HIV status in lieu of source documentation to determine 
eligibility for HOPWA assistance for individuals and families 
displaced by the disaster. Many individuals and families displaced 
by the disaster whose homes have been destroyed or damaged will not 
have immediate access to documentation of income or medical records 
and, without this waiver, will be unable to document their 
eligibility for HOPWA assistance.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#c6aaafb5a7e8a7e8b5b2a3afa8aea7b3a3b486aeb3a2e8a1a9b0"><span class="__cf_email__" data-cfemail="25494c56440b440b5651404c4b4d44504057654d50410b424a53">[email protected]</span></a>.

Mega-Waiver for California Severe Winter Storms, Straight-Line 
Winds, Flooding, Landslides, and Mudslides--Housing Opportunities 
for Persons With AIDS (HOPWA) Program

    On May 17, 2023, HUD issued a memorandum offering waivers of 
certain statutory and regulatory requirements associated with 
several Community Planning and Development (CPD) grant programs to 
address damage and facilitate recovery from California severe winter 
storms, straight-line winds, flooding, landslides, and mudslides in 
areas covered by a major disaster declaration under Title IV of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), DR-4699-CA, dated April 3, 2023, as may be amended 
(the ``declared-disaster areas'').

    <bullet> Regulation: 24 CFR 574.310(b)(2), Habitability 
Standards.
    Project/Activity: The habitability requirements in 24 CFR 
574.310(b)(2) are waived for units in the declared-disaster areas 
that are or will be occupied by HOPWA-eligible households, provided 
that the units are free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA). Grantees must ensure that these units meet 
HOPWA habitability standards within 60 days of the date of May 17, 
2023.
    Nature of Requirement: Section 574.310(b)(2) of the HOPWA 
regulations provides minimum habitability 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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is required to enable grantees and 
project sponsors to expeditiously meet the critical housing needs of 
the many eligible families in the declared disaster areas.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#35595c46541b541b4641505c5b5d54405047755d40511b525a43"><span class="__cf_email__" data-cfemail="55393c26347b347b2621303c3b3d34203027153d20317b323a23">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy.
    Project/Activity: Provided that the maximum subsidy is otherwise 
calculated as

[[Page 71414]]

provided by Sec.  574.320(a)(1), the requirement to use the rent 
standard as provided by Sec.  574.320(a)(1) is waived. This waiver 
applies to the calculation of rental assistance for any rent amount 
that takes effect during the two-year period beginning on May 17, 
2023, for any individual or family who is renting or executes a 
lease for a unit in the declared-disaster areas. This waiver would 
apply for twelve months from the date of the execution of the lease. 
Grantees and project sponsors must still ensure the reasonableness 
of rent charged for units in the declared-disaster areas in 
accordance with Sec.  574.320(a)(3).
    Nature of Requirement: The amount of grant funds used to pay 
monthly assistance for an eligible person may not exceed the 
difference between: (i) The lower of the rent standard or reasonable 
rent for the unit; and (ii) The resident's rent payment calculated 
under Sec.  574.310(d).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Permitting the maximum rental assistance subsidy 
to be calculated under 24 CFR 574.320(a)(1) without regard to the 
rent standard would enable HOPWA grantees to expedite efforts to 
meet the critical housing needs of low-income people living with HIV 
and their families in the declared-disaster areas. Under the 
programmatic requirements at 24 CFR 574.320(a)(2), the rent standard 
shall be no more than the published section 8 fair market rent (FMR) 
or the HUD-approved community-wide exception for the unit size. In 
addition, on a unit-by-unit basis, the grantee may increase that 
amount by up to 10 percent for up to 20 percent of the units 
assisted. Notice CPD-22-10 Clarification of Rent Standard 
Requirement for the Housing Opportunities for Persons With AIDS 
(HOPWA) Program provides additional clarity and flexibility on how 
HOPWA grantees can administer the rent standard in accordance with 
24 CFR 574.320(a)(2) and the Regulatory and Administrative 
Requirement Waivers and Flexibilities Available to HUD Public 
Housing and Section 8 During CY 2022 and CY 2023 to Public 16 
Housing Agencies To Assist With Recovery and Relief Efforts on 
Behalf of Families Affected by Presidentially Declared Disasters, 87 
FR 469 (Section 8 Disaster Notice) provides additional rent standard 
flexibility in presidentially declared disaster areas. Due to the 
extensive damage to housing units in the declared disaster area and 
the need to ensure safe and decent units are immediately available 
to eligible households to prevent homelessness and protect the 
health of the people with HIV served under the program, HUD has 
determined that it is not practicable for grantees to be held to the 
rent standards in 24 CFR 574.320(a)(2) even with the additional 
flexibilities under Notice CPD-22-10 and the Section 8 Disaster 
Notice. Waiving the requirement to use the rent standard in the 
calculation of the maximum monthly rental assistance amount under 
Sec.  574.320(a)(1), while still requiring that the unit be rent 
reasonable in accordance with Sec.  574.320(a)(3), will make more 
units immediately available to HOPWA eligible individuals and 
families in need of permanent housing in the declared-disaster areas 
and will help to quickly stabilize their housing and health.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#6e02071d0f400f401d1a0b0700060f1b0b1c2e061b0a40090118"><span class="__cf_email__" data-cfemail="563a3f25377837782522333f383e37233324163e233278313920">[email protected]</span></a>.

    <bullet> Regulation: 24 CFR 574.530, Recordkeeping.
    Project/Activity: The recordkeeping requirement at 24 CFR 
574.530 is waived to the extent necessary to allow HOPWA grantees, 
located within and outside of the declared disaster areas, to assist 
displaced persons and families, provided that the grantees (1) 
require written certification of HIV status and income of such 
individuals and families seeking assistance and (2) obtain source 
documentation of HIV status and income eligibility within six months 
of May 17, 2023.
    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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of 
income and HIV status in lieu of source documentation to determine 
eligibility for HOPWA assistance for individuals and families 
displaced by the disaster. Many individuals and families displaced 
by the disaster whose homes have been destroyed or damaged will not 
have immediate access to documentation of income or medical records 
and, without this waiver, will be unable to document their 
eligibility for HOPWA assistance.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#a3cfcad0c28dc28dd0d7c6cacdcbc2d6c6d1e3cbd6c78dc4ccd5"><span class="__cf_email__" data-cfemail="0f63667c6e216e217c7b6a6661676e7a6a7d4f677a6b21686079">[email protected]</span></a>.

Mega-Waiver for Guam Typhoon Mawar--Housing Opportunities for 
Persons With AIDS (HOPWA) Program

    On June 26, 2023, HUD issued a memorandum offering waivers of 
certain statutory and regulatory requirements associated with 
several Community Planning and Development (CPD) grant programs to 
address damage and facilitate recovery from Guam Typhoon Mawar in 
areas covered by a major disaster declaration under Title IV of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), DR-4715-GU, dated May 25, 2023, as may be amended 
(the ``declared-disaster areas'').

    <bullet> Regulation: 24 CFR 574.530, Recordkeeping.
    Project/Activity: The recordkeeping requirement at 24 CFR 
574.530 is waived to the extent necessary to allow HOPWA grantees, 
located within and outside of the declared disaster areas, to assist 
displaced persons and families, provided that the grantees (1) 
require written certification of HIV status and income of such 
individuals and families seeking assistance and (2) obtain source 
documentation of HIV status and income eligibility within six months 
of June 26, 2023.
    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: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: This waiver will permit HOPWA grantees and 
project sponsors, located within and outside of the declared-
disaster areas, to rely upon a family member's self-certification of 
income and HIV status in lieu of source documentation to determine 
eligibility for HOPWA assistance for individuals and families 
displaced by the disaster. Many individuals and families displaced 
by the disaster whose homes have been destroyed or damaged will not 
have immediate access to documentation of income or medical records 
and, without this waiver, will be unable to document their 
eligibility for HOPWA assistance.
    Contact: Lisa Steinhauer, 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 (215) 861-7651, <a href="/cdn-cgi/l/email-protection#55393c26347b347b2621303c3b3d34203027153d20317b323a23"><span class="__cf_email__" data-cfemail="573b3e24367936792423323e393f36223225173f223379303821">[email protected]</span></a>.

I. Mega-Waiver for Arkansas Severe Storms and Tornadoes--CoC

    On April 11, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from severe storms and tornadoes in areas of 
Arkansas covered by a major disaster declaration under Title IV of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), DR-4698-AR, dated April 2, 2023, and as may be 
amended (the ``declared-disaster areas''). The following summarizes 
the waivers available for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental 
Assistance

    <bullet> 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: For two years from the issuance of the waiver, 
the 24-month limit on rental assistance is waived for individuals 
and families who meet the following criteria. (1) The individual or 
family lives in a declared-disaster area or was displaced from a 
declared-disaster area as a result of the disaster; and (2) the 
individual or family is currently receiving rental assistance or 
begins receiving rental assistance within two years after the date 
of the issuance of the waiver.

[[Page 71415]]

    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 rapid re-housing projects to 
medium-term rental assistance, or no more than 24 months.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
the disaster, including those already receiving rental assistance as 
well as those who will receive rental assistance within 2 years of 
the date of the issuance of the waiver, to maintain stable permanent 
housing in another area and help them return to their hometowns, as 
desired, when additional permanent housing becomes available. It 
will also provide additional time to stabilize individuals and 
families in permanent housing where vacancy rates are 
extraordinarily low due to the disaster. Experience with prior 
disasters has shown us some program participants need additional 
months of rental assistance to identify and stabilize in housing of 
their choice, which can mean moving elsewhere until they are able to 
return to their hometowns.
    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.

CoC--One Year Lease Requirement

    <bullet> 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 
two years beginning on the date of the issuance of the waiver for 
program participants living in a declared-disaster area or program 
participants displaced from a declared-disaster area as a result of 
the disaster, so long as the initial lease term of all leases is for 
more than one month, and the leases are renewable for terms that are 
a minimum of one month long and the leases are terminable only for 
cause.
    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 only for cause.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving the one-year lease requirement will allow 
program participants receiving PSH or RRH assistance under the CoC 
Program to enter into leases that have an initial term of less than 
one year, so long as the leases have an initial term of more than 
one month. While some program participants desire to identify new 
housing, many program participants displaced during the disaster 
desire to return to their original permanent housing units when 
repairs are complete because of proximity to schools and access to 
public transportation and services. Additionally, it will permit new 
program participants to identify permanent housing units in a tight 
rental market where many landlords prefer lease terms of less than 
one year and might not be willing to alter their policies regarding 
the length of lease terms when considering permanent housing 
applicants. Therefore, HUD had determined that waiving the one-year 
lease requirement will improve the housing options available to 
program participants in permanent housing projects.
    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.

CoC--One-Time Limit on Moving Costs

    <bullet> Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: The one-time limit on moving costs of program 
participants is waived for two years beginning on the date of the 
issuance of the waiver for program participants living in a 
declared-disaster area or program participants displaced from a 
declared-disaster area as a result of the disaster.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.53(e)(2) limits recipients of supportive service funds to using 
those funds to pay for moving costs to provide reasonable moving 
assistance, including truck rental and hiring a moving company, to 
only one-time per program participant.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by the disaster 
as well as those who become homeless in the areas impacted by the 
disaster to stabilize in housing locations of their choice. Many 
current program participants received assistance moving into their 
assisted units prior to being displaced by the disaster, and 
experience with prior disasters has shown us some program 
participants will need additional assistance moving to a new unit 
while others will need assistance moving back to their original 
units after repairs are completed. Further, until the housing market 
stabilizes, experience has shown many program participants will need 
to move more than once during their participation in a program to 
find a unit that best meets their needs.
    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.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

    <bullet> Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction is waived for any lease 
executed by a recipient or subrecipient in declared-declared areas 
to provide transitional or permanent supportive housing during the 
2-year period beginning on the date of the issuance of the waiver. 
The affected recipient or subrecipient must still ensure that rent 
paid for individual units that are leased with CoC Program leasing 
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2) 
meaning the rent paid must be reasonable in relation to rents being 
charged for comparable units, taking into account the location, 
size, type, quality, amenities, facilities, and management services.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving the limit on using leasing funds to pay 
above FMR for individual units above FMR, but not greater than 
reasonable rent, will provide recipients and subrecipients with more 
flexibility in identifying housing options for program participants 
in declared-declared areas. The rental markets in areas impacted by 
disasters are often more expensive after the disaster due to 
decreased housing stock and increased rents. These more expensive 
rents are not reflected in the HUD-determined FMRs.
    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.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

    <bullet> Regulation: 24 CFR 578.103(a) and 24 CFR 
578.103(a)(4)(i)(B).
    Project/Activity: The requirement that intake-staff recorded 
observations of disability be confirmed and accompanied by other 
evidence no later than 45 days from the date of application for 
assistance is waived for any program participant admitted into PSH 
funded by the CoC program one-year from the date of the issuance of 
the waiver so long as (1) the intake-staff records observations of 
disability in the client file at time of application; or (2) the 
individual seeking assistance provides written certification that 
they have a qualifying disability is provided at time of 
application.
    Nature of Requirement: 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

[[Page 71416]]

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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving the requirement to obtain additional 
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4)) 
as specified below will allow recipient to house people impacted by 
severe storms and tornadoes in Arkansas by relying on intake staff-
recorded observations of disability or a written self-certification 
by the program participant. This will help individuals and families 
with disabilities to expeditiously receive needed housing assistance 
when paperwork from the Social Security Administration or medical 
professionals cannot be quickly obtained.
    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. Mega-Waiver for Arkansas Severe Storms and Tornadoes--ESG

    On April 11, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from severe storms and tornadoes in areas of 
Arkansas covered by a major disaster declaration under Title IV of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), DR-4698-AR, dated April 2, 2023, and as may be 
amended (the ``declared-disaster areas''). The following summarizes 
the waivers available for ESG Program Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and 
Stabilization Services

    <bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and 
Housing Relocation and Stabilization Services.
    Project/Activity: The 24-month limits on rental assistance and 
housing relocation and stabilization services are waived for 
individuals and families who meet both of the following criteria: 
(1) the individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of severe 
storms and tornadoes in Arkansas; and (2) the individual or family 
is currently receiving rental assistance or housing relocation 
stabilization services or begins receiving rental assistance or 
housing relocation and stabilization services within two years after 
the date of the issuance of the waiver. For these individuals and 
families, ESG funds may be used to provide up to 36 consecutive 
months of rental assistance, utility payments, and housing stability 
case management, in addition to the 30 days of housing stability 
case management that may be provided before the move into permanent 
housing under 24 CFR 576.105(b)(2). HUD will also consider further 
waiver requests to allow assistance to be provided for longer than 
three years, if the recipient demonstrates good cause.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any 3-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any 3-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Waiving the 24-month caps on rental assistance, 
utility payments, and housing stability case management assistance 
will assist individuals and families, both those already receiving 
assistance and those who will receive assistance subsequent to the 
date of the issuance of the waiver to maintain stable permanent 
housing in place or in another area and help them return to their 
hometowns, as desired, when additional permanent housing is 
available.
    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.

ESG--Restriction of Rental Assistance to Units With Rent at or Below 
Fair Market Rent (FMR)

    <bullet> Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The FMR restriction is waived for any rent 
amount that takes effect during the two-year period beginning on the 
date of the issuance of the waiver for any individual or family who 
is renting or executes a lease for a unit in a declared-disaster 
area. However, the affected recipients and their subrecipients must 
still ensure that the units in which ESG assistance is provided to 
these individuals and families meet the rent reasonableness 
standard. HUD will consider requests to waive the FMR restriction 
for rent amounts that take effect after the two-year period, if a 
recipient demonstrates good cause.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: HUD granted this waiver to enable ESG recipients 
to meet the critical housing needs of individuals and families whose 
housing was damaged or who were displaced as a result of severe 
storms and tornadoes in Arkansas. Waiving the FMR restriction will 
make more units available to individuals and families in need of 
permanent 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.

ESG--Housing Standards

    <bullet> Regulation: 24 CFR 576.403(c).
    Project/Activity: The ESG housing standards at 24 CFR 576.403(c) 
are waived for units in the declared disaster area that are or will 
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1) 
Each unit must still meet applicable state and local standards; (2) 
Each unit must be free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units 
in which program participants are assisted meet the ESG housing 
standards within 60 days of the date of the issuance of the waiver.
    Nature of Requirement: If ESG funds are used to help a program 
participant remain in or move into housing, the housing must meet 
the minimum habitability standards provided in 24 CFR 576.403(c).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical housing needs of many eligible 
individuals and families in the declared disaster area.
    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.

ESG--Shelter Standards

    <bullet> Regulation: 24 CFR 576.403(b).
    Project/Activity: The ESG shelter standards at 24 CFR 576.403(b) 
are waived for shelters in the declared disaster area that are or 
will be occupied by individuals and families eligible for ESG 
emergency shelter assistance, provided that: (1) Each shelter must 
meet applicable state and local standards; (2) Each shelter must be 
free of life-threatening conditions defined in Notice PIH 2017-20 
(HA); and (3) Recipients ensure that these shelters
    Nature of Requirement: If ESG funds are used for shelter 
operations costs, the shelter must meet the minimum safety, 
sanitation and privacy standards under 24 CFR 576.403(b). If ESG 
funds are used to convert a building into a shelter, rehabilitation 
a shelter, or otherwise renovate a shelter, the shelter must meet 
the minimum safety, sanitation, and privacy standards in 24 CFR 
576.403(b) as well as applicable state or local government safety 
and sanitation standards.

[[Page 71417]]

    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical emergency shelter needs of many 
eligible individuals and families in the declared disaster area.
    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.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related 
Administrative and HMIS Costs

    <bullet> Regulation: 24 CFR 576.203(b).
    Project/Activity: The expenditure deadline is waived only for 
costs of providing homelessness prevention and rapid re-housing 
assistance to individuals and families under the flexibility 
provided by ESG waivers on term limits on rental assistance and 
housing relocation and stabilization services; restriction of rental 
assistance to units with rent at or below FMR; assisting program 
participants with subleases; and reasonable HMIS and administrative 
costs related to that assistance. In addition, no expenditure may be 
made or charged to any grant on or after the date Treasury closes 
the relevant account as provided by 31 U.S.C. 1552.
    Nature of Requirement: Section 576.203(b) of the ESG regulations 
requires all expenditures under an ESG grant to be made within 24 
months after the date HUD signs the grant agreement with the 
recipient. For purposes of this requirement, expenditure means 
either an actual cash disbursement for a direct charge for a good or 
service or an indirect cost, or the accrual of a direct charge for a 
good or service or an indirect cost.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: Providing a limited waiver of the expenditure 
deadline for costs of providing homelessness prevention and rapid 
re-housing assistance to individuals and families will support 
recipients' ability to assist individuals and families as provided 
by other ESG program waivers related to this disaster.
    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.

ESG--Assisting Program Participants With Subleases

    <bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
    Project/Activity: The requirements in 24 CFR 576.105 and 576.106 
are waived to the extent that the references to ``owner'' and 
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or 
family from receiving assistance in a unit they rent from the 
primary leaseholder, provided that all of the following criteria are 
met: (1) The individual or family lives in the declared-disaster 
area or was displaced from the declared-disaster area as a result of 
severe storms and tornadoes in Arkansas; (2) The individual or 
family is currently receiving ESG-funded rental assistance as the 
leaseholder or housing relocation stabilization services or begins 
receiving rental assistance or housing relocation stabilization 
services within two years after the date of the issuance of the 
waiver; (3) The individual or family chooses to rent a unit through 
a legally valid sublease or lease with the primary leaseholder for 
the unit; and (4) The recipient has developed written policies to 
apply the requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 
576.409, and 24 CFR 576.500(h) with respect to that program 
participant by reading the references to ``owner'' and ``housing 
owner'' to apply to the primary leaseholder and reading the 
references to ``lease'' to apply to the program participant's 
sublease or lease with the primary leaseholder.
    Nature of Requirement: The use of ``owner'' and ``lease'' in 24 
CFR 576.105 and 576.106 prohibit program participants from receiving 
rental assistance under 24 CFR 576.106 and certain services under 24 
CFR 576.105 with respect to units that program participants rent 
from a person other than the owner or the owner's agent. 
Justification: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 11, 2023.
    Reason Waived: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    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.

III. Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds, 
and Tornadoes--CoC

    On May 17, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from Tennessee severe storms, straight-line 
winds, and tornadoes covered by a major disaster declaration under 
Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Stafford Act), DR-4698-AR, dated April 7, 2023, and 
as may be amended (the ``declared-disaster areas''). The following 
summarizes the waivers available for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental 
Assistance

    <bullet> 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: For two years from the date of the issuance of 
the waiver, the 24-month limit on rental assistance is waived for 
individuals and families who meet the following criteria. (1) The 
individual or family lives in a declared-disaster area or was 
displaced from a declared-disaster area as a result of the disaster; 
and (2) the individual or family is currently receiving rental 
assistance or begins receiving rental assistance within two years 
after the date of the issuance of the waiver.
    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 rapid re-housing projects to 
medium-term rental assistance, or no more than 24 months.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
the disaster, including those already receiving rental assistance as 
well as those who will receive rental assistance within 2 years of 
the date of the issuance of the waiver, to maintain stable permanent 
housing in another area and help them return to their hometowns, as 
desired, when additional permanent housing becomes available. It 
will also provide additional time to stabilize individuals and 
families in permanent housing where vacancy rates are 
extraordinarily low due to the disaster. Experience with prior 
disasters has shown us some program participants need additional 
months of rental assistance to identify and stabilize in housing of 
their choice, which can mean moving elsewhere until they are able to 
return to their hometowns.
    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.

CoC--One Year Lease Requirement

    <bullet> 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 
two years beginning on the date of the issuance of the waiver for 
program participants living in a declared-disaster area or program 
participants displaced from a declared-disaster area as a result of 
the disaster, so long as the initial lease term of all leases is for 
more than one month, and the leases are renewable for terms that are 
a minimum of one month long and the leases are terminable only for 
cause.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.3, definition of permanent housing, and 24 CFR 578.51(l)(1)

[[Page 71418]]

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 only for cause.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the one-year lease requirement will allow 
program participants receiving PSH or RRH assistance under the CoC 
Program to enter into leases that have an initial term of less than 
one year, so long as the leases have an initial term of more than 
one month. While some program participants desire to identify new 
housing, many program participants displaced during the disaster 
desire to return to their original permanent housing units when 
repairs are complete because of proximity to schools and access to 
public transportation and services. Additionally, it will permit new 
program participants to identify permanent housing units in a tight 
rental market where many landlords prefer lease terms of less than 
one year and might not be willing to alter their policies regarding 
the length of lease terms when considering permanent housing 
applicants. Therefore, HUD had determined that waiving the one-year 
lease requirement will improve the housing options available to 
program participants in permanent housing projects.
    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.

CoC--One-Time Limit on Moving Costs

    <bullet> Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: The one-time limit on moving costs of program 
participants is waived for two years beginning on the date of the 
issuance of the waiver for program participants living in a 
declared-disaster area or program participants displaced from a 
declared-disaster area as a result of the disaster.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.53(e)(2) limits recipients of supportive service funds to using 
those funds to pay for moving costs to provide reasonable moving 
assistance, including truck rental and hiring a moving company, to 
only one-time per program participant.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by the disaster 
as well as those who become homeless in the areas impacted by the 
disaster to stabilize in housing locations of their choice. Many 
current program participants received assistance moving into their 
assisted units prior to being displaced by the disaster, and 
experience with prior disasters has shown us some program 
participants will need additional assistance moving to a new unit 
while others will need assistance moving back to their original 
units after repairs are completed. Further, until the housing market 
stabilizes, experience has shown many program participants will need 
to move more than once during their participation in a program to 
find a unit that best meets their needs.
    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.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

    <bullet> Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction is waived for any lease 
executed by a recipient or subrecipient in declared-declared areas 
to provide transitional or permanent supportive housing during the 
2-year period beginning on the date of the issuance of the waiver. 
The affected recipient or subrecipient must still ensure that rent 
paid for individual units that are leased with CoC Program leasing 
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2) 
meaning the rent paid must be reasonable in relation to rents being 
charged for comparable units, taking into account the location, 
size, type, quality, amenities, facilities, and management services.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the limit on using leasing funds to pay 
above FMR for individual units above FMR, but not greater than 
reasonable rent, will provide recipients and subrecipients with more 
flexibility in identifying housing options for program participants 
in declared-declared areas. The rental markets in areas impacted by 
disasters are often more expensive after the disaster due to 
decreased housing stock and increased rents. These more expensive 
rents are not reflected in the HUD-determined FMRs.
    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.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

    <bullet> Regulation: 24 CFR 578.103(a) and 24 CFR 
578.103(a)(4)(i)(B).
    Project/Activity: The requirement that intake-staff recorded 
observations of disability be confirmed and accompanied by other 
evidence no later than 45 days from the date of application for 
assistance is waived for any program participant admitted into PSH 
funded by the CoC program one-year from the date of the issuance of 
the waiver so long as (1) the intake-staff records observations of 
disability in the client file at time of application; or (2) the 
individual seeking assistance provides written certification that 
they have a qualifying disability is provided at time of 
application.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the requirement to obtain additional 
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4)) 
as specified below will allow recipient to house people impacted by 
severe storms, straight-line winds, and tornadoes in Tennessee by 
relying on intake staff-recorded observations of disability or a 
written self-certification by the program participant. This will 
help individuals and families with disabilities to expeditiously 
receive needed housing assistance when paperwork from the Social 
Security Administration or medical professionals cannot be quickly 
obtained.
    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.

IV. Mega-Waiver for Tennessee Severe Storms, Straight-Line Winds, 
and Tornadoes--ESG

    On May 17, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from severe storms, straight-line winds, and 
tornadoes in areas of Tennessee covered by a major disaster 
declaration under Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Stafford Act), DR-4698-AR, dated April 
2, 2023, and as may be amended (the ``declared-disaster areas''). 
The following summarizes the waivers available for ESG Program 
Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and 
Stabilization Services

    <bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and

[[Page 71419]]

Housing Relocation and Stabilization Services.
    Project/Activity: The 24-month limits on rental assistance and 
housing relocation and stabilization services are waived for 
individuals and families who meet both of the following criteria: 
(1) the individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of severe 
storms, straight-line winds, and tornadoes in Tennessee; and (2) the 
individual or family is currently receiving rental assistance or 
housing relocation stabilization services or begins receiving rental 
assistance or housing relocation and stabilization services within 
two years after the date of the issuance of the waiver. For these 
individuals and families, ESG funds may be used to provide up to 36 
consecutive months of rental assistance, utility payments, and 
housing stability case management, in addition to the 30 days of 
housing stability case management that may be provided before the 
move into permanent housing under 24 CFR 576.105(b)(2). HUD will 
also consider further waiver requests to allow assistance to be 
provided for longer than three years, if the recipient demonstrates 
good cause.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any 3-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any 3-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the 24-month caps on rental assistance, 
utility payments, and housing stability case management assistance 
will assist individuals and families, both those already receiving 
assistance and those who will receive assistance subsequent to the 
date of the issuance of the waiver to maintain stable permanent 
housing in place or in another area and help them return to their 
hometowns, as desired, when additional permanent housing is 
available.
    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.

ESG--Restriction of Rental Assistance to Units With Rent at or Below 
Fair Market Rent (FMR)

    <bullet> Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The FMR restriction is waived for any rent 
amount that takes effect during the two-year period beginning on the 
date of the issuance of the waiver for any individual or family who 
is renting or executes a lease for a unit in a declared-disaster 
area. However, the affected recipients and their subrecipients must 
still ensure that the units in which ESG assistance is provided to 
these individuals and families meet the rent reasonableness 
standard. HUD will consider requests to waive the FMR restriction 
for rent amounts that take effect after the two-year period, if a 
recipient demonstrates good cause.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: HUD granted this waiver to enable ESG recipients 
to meet the critical housing needs of individuals and families whose 
housing was damaged or who were displaced as a result of severe 
storms, straight-line winds, and tornadoes in Tennessee. Waiving the 
FMR restriction will make more units available to individuals and 
families in need of permanent 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.

ESG--Housing Standards

    <bullet> Regulation: 24 CFR 576.403(c).
    Project/Activity: The ESG housing standards at 24 CFR 576.403(c) 
are waived for units in the declared disaster area that are or will 
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1) 
Each unit must still meet applicable state and local standards; (2) 
Each unit must be free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units 
in which program participants are assisted meet the ESG housing 
standards within 60 days of the date of the issuance of the waiver.
    Nature of Requirement: If ESG funds are used to help a program 
participant remain in or move into housing, the housing must meet 
the minimum habitability standards provided in 24 CFR 576.403(c).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical housing needs of many eligible 
individuals and families in the declared disaster area.
    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.

ESG--Shelter Standards

    <bullet> Regulation: 24 CFR 576.403(b).
    Project/Activity: The ESG shelter standards at 24 CFR 576.403(b) 
are waived for shelters in the declared disaster area that are or 
will be occupied by individuals and families eligible for ESG 
emergency shelter assistance, provided that: (1) Each shelter must 
meet applicable state and local standards; (2) Each shelter must be 
free of life-threatening conditions defined in Notice PIH 2017-20 
(HA); and (3) Recipients ensure that these shelters.
    Nature of Requirement: If ESG funds are used for shelter 
operations costs, the shelter must meet the minimum safety, 
sanitation and privacy standards under 24 CFR 576.403(b). If ESG 
funds are used to convert a building into a shelter, rehabilitation 
a shelter, or otherwise renovate a shelter, the shelter must meet 
the minimum safety, sanitation, and privacy standards in 24 CFR 
576.403(b) as well as applicable state or local government safety 
and sanitation standards.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical emergency shelter needs of many 
eligible individuals and families in the declared disaster area.
    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.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related 
Administrative and HMIS Costs

    <bullet> Regulation: 24 CFR 576.203(b).
    Project/Activity: The expenditure deadline is waived only for 
costs of providing homelessness prevention and rapid re-housing 
assistance to individuals and families under the flexibility 
provided by ESG waivers on term limits on rental assistance and 
housing relocation and stabilization services; restriction of rental 
assistance to units with rent at or below FMR; assisting program 
participants with subleases; and reasonable HMIS and administrative 
costs related to that assistance. In addition, no expenditure may be 
made or charged to any grant on or after the date Treasury closes 
the relevant account as provided by 31 U.S.C. 1552.
    Nature of Requirement: Section 576.203(b) of the ESG regulations 
requires all expenditures under an ESG grant to be made within 24 
months after the date HUD signs the grant agreement with the 
recipient. For purposes of this requirement, expenditure means 
either an actual cash disbursement for a direct charge for a good or 
service or an indirect cost, or the accrual of a direct charge for a 
good or service or an indirect cost.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Providing a limited waiver of the expenditure 
deadline for costs of providing homelessness prevention and

[[Page 71420]]

rapid re-housing assistance to individuals and families will support 
recipients' ability to assist individuals and families as provided 
by other ESG program waivers related to this disaster.
    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.

ESG--Assisting Program Participants With Subleases

    <bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
    Project/Activity: The requirements in 24 CFR 576.105 and 576.106 
are waived to the extent that the references to ``owner'' and 
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or 
family from receiving assistance in a unit they rent from the 
primary leaseholder, provided that all of the following criteria are 
met: (1) The individual or family lives in the declared-disaster 
area or was displaced from the declared-disaster area as a result of 
severe storms, straight-line winds, and tornadoes in Tennessee; (2) 
The individual or family is currently receiving ESG-funded rental 
assistance as the leaseholder or housing relocation stabilization 
services or begins receiving rental assistance or housing relocation 
stabilization services within two years after the date of the 
issuance of the waiver; (3) The individual or family chooses to rent 
a unit through a legally valid sublease or lease with the primary 
leaseholder for the unit; and (4) The recipient has developed 
written policies to apply the requirements of 24 CFR 576.105, 24 CFR 
576.106, 24 CFR 576.409, and 24 CFR 576.500(h) with respect to that 
program participant by reading the references to ``owner'' and 
``housing owner'' to apply to the primary leaseholder and reading 
the references to ``lease'' to apply to the program participant's 
sublease or lease with the primary leaseholder.
    Nature of Requirement: The use of ``owner'' and ``lease'' in 24 
CFR 576.105 and 576.106 prohibit program participants from receiving 
rental assistance under 24 CFR 576.106 and certain services under 24 
CFR 576.105 with respect to units that program participants rent 
from a person other than the owner or the owner's agent. 
Justification: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    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.

V. Mega-Waiver for California Severe Winter Storms, Straight-Line 
Winds, Flooding, Landslides, and Mudslides--CoC

    On May 17, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from California severe winter storms, straight-
line winds, flooding, landslides, and mudslides covered by a major 
disaster declaration under Title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4698-AR, dated April 3, 2023, and as may be amended (the ``declared-
disaster areas''). The following summarizes the waivers available 
for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental 
Assistance

    <bullet> 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: For two years from the date of the issuance of 
the waiver, the 24-month limit on rental assistance is waived for 
individuals and families who meet the following criteria. (1) The 
individual or family lives in a declared-disaster area or was 
displaced from a declared-disaster area as a result of the disaster; 
and (2) the individual or family is currently receiving rental 
assistance or begins receiving rental assistance within two years 
after the date of the issuance of the waiver.
    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 rapid re-housing projects to 
medium-term rental assistance, or no more than 24 months.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
the disaster, including those already receiving rental assistance as 
well as those who will receive rental assistance within 2 years of 
the date of the issuance of the waiver, to maintain stable permanent 
housing in another area and help them return to their hometowns, as 
desired, when additional permanent housing becomes available. It 
will also provide additional time to stabilize individuals and 
families in permanent housing where vacancy rates are 
extraordinarily low due to the disaster. Experience with prior 
disasters has shown us some program participants need additional 
months of rental assistance to identify and stabilize in housing of 
their choice, which can mean moving elsewhere until they are able to 
return to their hometowns.
    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.

CoC--One Year Lease Requirement

    <bullet> 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 
two years beginning on the date of the issuance of the waiver for 
program participants living in a declared-disaster area or program 
participants displaced from a declared-disaster area as a result of 
the disaster, so long as the initial lease term of all leases is for 
more than one month, and the leases are renewable for terms that are 
a minimum of one month long and the leases are terminable only for 
cause.
    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 only for cause.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the one-year lease requirement will allow 
program participants receiving PSH or RRH assistance under the CoC 
Program to enter into leases that have an initial term of less than 
one year, so long as the leases have an initial term of more than 
one month. While some program participants desire to identify new 
housing, many program participants displaced during the disaster 
desire to return to their original permanent housing units when 
repairs are complete because of proximity to schools and access to 
public transportation and services. Additionally, it will permit new 
program participants to identify permanent housing units in a tight 
rental market where many landlords prefer lease terms of less than 
one year and might not be willing to alter their policies regarding 
the length of lease terms when considering permanent housing 
applicants. Therefore, HUD had determined that waiving the one-year 
lease requirement will improve the housing options available to 
program participants in permanent housing projects.
    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.

CoC--One-Time Limit on Moving Costs

    <bullet> Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: The one-time limit on moving costs of program 
participants is waived for two years beginning on the date of the 
issuance of the waiver for program participants living in a 
declared-disaster area or program participants displaced from a 
declared-disaster area as a result of the disaster.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.53(e)(2) limits recipients of supportive service funds to

[[Page 71421]]

using those funds to pay for moving costs to provide reasonable 
moving assistance, including truck rental and hiring a moving 
company, to only one-time per program participant.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by the disaster 
as well as those who become homeless in the areas impacted by the 
disaster to stabilize in housing locations of their choice. Many 
current program participants received assistance moving into their 
assisted units prior to being displaced by the disaster, and 
experience with prior disasters has shown us some program 
participants will need additional assistance moving to a new unit 
while others will need assistance moving back to their original 
units after repairs are completed. Further, until the housing market 
stabilizes, experience has shown many program participants will need 
to move more than once during their participation in a program to 
find a unit that best meets their needs.
    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.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

    <bullet> Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction is waived for any lease 
executed by a recipient or subrecipient in declared-declared areas 
to provide transitional or permanent supportive housing during the 
2-year period beginning on the date of the issuance of the waiver. 
The affected recipient or subrecipient must still ensure that rent 
paid for individual units that are leased with CoC Program leasing 
dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2) 
meaning the rent paid must be reasonable in relation to rents being 
charged for comparable units, taking into account the location, 
size, type, quality, amenities, facilities, and management services.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the limit on using leasing funds to pay 
above FMR for individual units above FMR, but not greater than 
reasonable rent, will provide recipients and subrecipients with more 
flexibility in identifying housing options for program participants 
in declared-declared areas. The rental markets in areas impacted by 
disasters are often more expensive after the disaster due to 
decreased housing stock and increased rents. These more expensive 
rents are not reflected in the HUD-determined FMRs.
    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.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

    <bullet> Regulation: 24 CFR 578.103(a) and 24 CFR 
578.103(a)(4)(i)(B).
    Project/Activity: The requirement that intake-staff recorded 
observations of disability be confirmed and accompanied by other 
evidence no later than 45 days from the date of application for 
assistance is waived for any program participant admitted into PSH 
funded by the CoC program one-year from the date of the issuance of 
the waiver so long as (1) the intake-staff records observations of 
disability in the client file at time of application; or (2) the 
individual seeking assistance provides written certification that 
they have a qualifying disability is provided at time of 
application.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the requirement to obtain additional 
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4)) 
as specified below will allow recipient to house people impacted 
from severe winter storms, straight-line winds, flooding, 
landslides, and mudslides in California by relying on intake staff-
recorded observations of disability or a written self-certification 
by the program participant. This will help individuals and families 
with disabilities to expeditiously receive needed housing assistance 
when paperwork from the Social Security Administration or medical 
professionals cannot be quickly obtained.
    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.

VI. Mega-Waiver for California Severe Winter Storms, Straight-Line 
Winds, Flooding, Landslides, and Mudslides--Esg

    On May 17, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from severe winter storms, straight-line winds, 
flooding, landslides, and mudslides in areas of California covered 
by a major disaster declaration under Title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (Stafford 
Act), DR-4698-AR, dated April 2, 2023, and as may be amended (the 
``declared-disaster areas''). The following summarizes the waivers 
available for ESG Program Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and 
Stabilization Services

    <bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and 
Housing Relocation and Stabilization Services.
    Project/Activity: The 24-month limits on rental assistance and 
housing relocation and stabilization services are waived for 
individuals and families who meet both of the following criteria: 
(1) the individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of severe 
winter storms, straight-line winds, flooding, landslides, and 
mudslides in California; and (2) the individual or family is 
currently receiving rental assistance or housing relocation 
stabilization services or begins receiving rental assistance or 
housing relocation and stabilization services within two years after 
the date of the issuance of the waiver. For these individuals and 
families, ESG funds may be used to provide up to 36 consecutive 
months of rental assistance, utility payments, and housing stability 
case management, in addition to the 30 days of housing stability 
case management that may be provided before the move into permanent 
housing under 24 CFR 576.105(b)(2). HUD will also consider further 
waiver requests to allow assistance to be provided for longer than 
three years, if the recipient demonstrates good cause.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any 3-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any 3-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Waiving the 24-month caps on rental assistance, 
utility payments, and housing stability case management

[[Page 71422]]

assistance will assist individuals and families, both those already 
receiving assistance and those who will receive assistance 
subsequent to the date of the issuance of the waiver to maintain 
stable permanent housing in place or in another area and help them 
return to their hometowns, as desired, when additional permanent 
housing is available.
    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.

ESG--Restriction of Rental Assistance to Units With Rent at or Below 
Fair Market Rent (FMR)

    <bullet> Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The FMR restriction is waived for any rent 
amount that takes effect during the two-year period beginning on the 
date of the issuance of the waiver for any individual or family who 
is renting or executes a lease for a unit in a declared-disaster 
area. However, the affected recipients and their subrecipients must 
still ensure that the units in which ESG assistance is provided to 
these individuals and families meet the rent reasonableness 
standard. HUD will consider requests to waive the FMR restriction 
for rent amounts that take effect after the two-year period, if a 
recipient demonstrates good cause.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: HUD granted this waiver to enable ESG recipients 
to meet the critical housing needs of individuals and families whose 
housing was damaged or who were displaced as a result of severe 
winter storms, straight-line winds, flooding, landslides, and 
mudslides in California. Waiving the FMR restriction will make more 
units available to individuals and families in need of permanent 
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.

ESG--Housing Standards

    <bullet> Regulation: 24 CFR 576.403(c).
    Project/Activity: The ESG housing standards at 24 CFR 576.403(c) 
are waived for units in the declared disaster area that are or will 
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1) 
Each unit must still meet applicable state and local standards; (2) 
Each unit must be free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units 
in which program participants are assisted meet the ESG housing 
standards within 60 days of the date of the issuance of the waiver.
    Nature of Requirement: If ESG funds are used to help a program 
participant remain in or move into housing, the housing must meet 
the minimum habitability standards provided in 24 CFR 576.403(c).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical housing needs of many eligible 
individuals and families in the declared disaster area.
    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.

ESG--Shelter Standards

    <bullet> Regulation: 24 CFR 576.403(b).
    Project/Activity: The ESG shelter standards at 24 CFR 576.403(b) 
are waived for shelters in the declared disaster area that are or 
will be occupied by individuals and families eligible for ESG 
emergency shelter assistance, provided that: (1) Each shelter must 
meet applicable state and local standards; (2) Each shelter must be 
free of life-threatening conditions defined in Notice PIH 2017-20 
(HA); and (3) Recipients ensure that these shelters.
    Nature of Requirement: If ESG funds are used for shelter 
operations costs, the shelter must meet the minimum safety, 
sanitation and privacy standards under 24 CFR 576.403(b). If ESG 
funds are used to convert a building into a shelter, rehabilitation 
a shelter, or otherwise renovate a shelter, the shelter must meet 
the minimum safety, sanitation, and privacy standards in 24 CFR 
576.403(b) as well as applicable state or local government safety 
and sanitation standards.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical emergency shelter needs of many 
eligible individuals and families in the declared disaster area.
    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.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related 
Administrative and HMIS Costs

    <bullet> Regulation: 24 CFR 576.203(b).
    Project/Activity: The expenditure deadline is waived only for 
costs of providing homelessness prevention and rapid re-housing 
assistance to individuals and families under the flexibility 
provided by ESG waivers on term limits on rental assistance and 
housing relocation and stabilization services; restriction of rental 
assistance to units with rent at or below FMR; assisting program 
participants with subleases; and reasonable HMIS and administrative 
costs related to that assistance. In addition, no expenditure may be 
made or charged to any grant on or after the date Treasury closes 
the relevant account as provided by 31 U.S.C. 1552.
    Nature of Requirement: Section 576.203(b) of the ESG regulations 
requires all expenditures under an ESG grant to be made within 24 
months after the date HUD signs the grant agreement with the 
recipient. For purposes of this requirement, expenditure means 
either an actual cash disbursement for a direct charge for a good or 
service or an indirect cost, or the accrual of a direct charge for a 
good or service or an indirect cost.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: Providing a limited waiver of the expenditure 
deadline for costs of providing homelessness prevention and rapid 
re-housing assistance to individuals and families will support 
recipients' ability to assist individuals and families as provided 
by other ESG program waivers related to this disaster.
    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.

ESG--Assisting Program Participants With Subleases

    <bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
    Project/Activity: The requirements in 24 CFR 576.105 and 576.106 
are waived to the extent that the references to ``owner'' and 
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or 
family from receiving assistance in a unit they rent from the 
primary leaseholder, provided that all of the following criteria are 
met: (1). The individual or family lives in the declared-disaster 
area or was displaced from the declared-disaster area as a result of 
severe winter storms, straight-line winds, flooding, landslides, and 
mudslides in California; (2). The individual or family is currently 
receiving ESG-funded rental assistance as the leaseholder or housing 
relocation stabilization services or begins receiving rental 
assistance or housing relocation stabilization services within two 
years after the date of the issuance of the waiver; (3). The 
individual or family chooses to rent a unit through a legally valid 
sublease or lease with the primary leaseholder for the unit; and 
(4). The recipient has developed written policies to apply the 
requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 576.409, and 
24 CFR 576.500(h) with respect to that program participant by 
reading the references to ``owner'' and ``housing owner'' to apply 
to the primary leaseholder and reading the

[[Page 71423]]

references to ``lease'' to apply to the program participant's 
sublease or lease with the primary leaseholder.
    Nature of Requirement: The use of ``owner'' and ``lease'' in 24 
CFR 576.105 and 576.106 prohibit program participants from receiving 
rental assistance under 24 CFR 576.106 and certain services under 24 
CFR 576.105 with respect to units that program participants rent 
from a person other than the owner or the owner's agent. 
Justification: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 17, 2023.
    Reason Waived: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    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.

VII. Mega-Waiver for Guam Typhoon Mawar--CoC

    On June 26, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from Typhoon Mawar in areas covered by a major 
disaster declaration under Title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4715-GU, dated May 25, 2023, and as may be amended (the ``declared-
disaster areas''). The following summarizes the waivers available 
for CoC Program Recipients.

CoC--Permanent Housing Rapid Re-Housing Limit to 24 Months of Rental 
Assistance

    <bullet> 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: For two years from the date of the issuance of 
the waiver, the 24-month limit on rental assistance is waived for 
individuals and families who meet the following criteria. (1) The 
individual or family lives in a declared-disaster area or was 
displaced from a declared-disaster area as a result of the disaster; 
and (2) the individual or family is currently receiving rental 
assistance or begins receiving rental assistance within two years 
after the date of the issuance of the waiver.
    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 rapid re-housing projects to 
medium-term rental assistance, or no more than 24 months.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
the disaster, including those already receiving rental assistance as 
well as those who will receive rental assistance within 2 years of 
the date of the issuance of the waiver, to maintain stable permanent 
housing in another area and help them return to their hometowns, as 
desired, when additional permanent housing becomes available. It 
will also provide additional time to stabilize individuals and 
families in permanent housing where vacancy rates are 
extraordinarily low due to the disaster. Experience with prior 
disasters has shown us some program participants need additional 
months of rental assistance to identify and stabilize in housing of 
their choice, which can mean moving elsewhere until they are able to 
return to their hometowns.
    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.

CoC--One Year Lease Requirement

    <bullet> 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 
two years beginning on the date of the issuance of the waiver for 
program participants living in a declared-disaster area or program 
participants displaced from a declared-disaster area as a result of 
the disaster, so long as the initial lease term of all leases is for 
more than one month, and the leases are renewable for terms that are 
a minimum of one month long and the leases are terminable only for 
cause.
    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 only for cause.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving the one-year lease requirement will allow 
program participants receiving PSH or RRH assistance under the CoC 
Program to enter into leases that have an initial term of less than 
one year, so long as the leases have an initial term of more than 
one month. While some program participants desire to identify new 
housing, many program participants displaced during the disaster 
desire to return to their original permanent housing units when 
repairs are complete because of proximity to schools and access to 
public transportation and services. Additionally, it will permit new 
program participants to identify permanent housing units in a tight 
rental market where many landlords prefer lease terms of less than 
one year and might not be willing to alter their policies regarding 
the length of lease terms when considering permanent housing 
applicants. Therefore, HUD had determined that waiving the one-year 
lease requirement will improve the housing options available to 
program participants in permanent housing projects.
    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.

CoC--One-Time Limit on Moving Costs

    <bullet> Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: The one-time limit on moving costs of program 
participants is waived for two years beginning on the date of the 
issuance of the waiver for program participants living in a 
declared-disaster area or program participants displaced from a 
declared-disaster area as a result of the disaster.
    Nature of Requirement: The CoC Program regulation at 24 CFR 
578.53(e)(2) limits recipients of supportive service funds to using 
those funds to pay for moving costs to provide reasonable moving 
assistance, including truck rental and hiring a moving company, to 
only one-time per program participant.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by the disaster 
as well as those who become homeless in the areas impacted by the 
disaster to stabilize in housing locations of their choice. Many 
current program participants received assistance moving into their 
assisted units prior to being displaced by the disaster, and 
experience with prior disasters has shown us some program 
participants will need additional assistance moving to a new unit 
while others will need assistance moving back to their original 
units after repairs are completed. Further, until the housing market 
stabilizes, experience has shown many program participants will need 
to move more than once during their participation in a program to 
find a unit that best meets their needs.
    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.

CoC--Fair Market Rent (FMR) Cap on Rent Paid With Leasing Funds

    <bullet> Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: The FMR restriction is waived for any lease 
executed by a recipient or subrecipient in declared-declared areas 
to provide transitional or permanent supportive housing during the 
2-year period beginning

[[Page 71424]]

on the date of the issuance of the waiver. The affected recipient or 
subrecipient must still ensure that rent paid for individual units 
that are leased with CoC Program leasing dollars meet the rent 
reasonableness standard in 24 CFR 578.49(b)(2) meaning the rent paid 
must be reasonable in relation to rents being charged for comparable 
units, taking into account the location, size, type, quality, 
amenities, facilities, and management services.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving the limit on using leasing funds to pay 
above FMR for individual units above FMR, but not greater than 
reasonable rent, will provide recipients and subrecipients with more 
flexibility in identifying housing options for program participants 
in declared-declared areas. The rental markets in areas impacted by 
disasters are often more expensive after the disaster due to 
decreased housing stock and increased rents. These more expensive 
rents are not reflected in the HUD-determined FMRs.
    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.

CoC--Disability Documentation for Permanent Supportive Housing (PSH)

    <bullet> Regulation: 24 CFR 578.103(a) and 24 CFR 
578.103(a)(4)(i)(B).
    Project/Activity: The requirement that intake-staff recorded 
observations of disability be confirmed and accompanied by other 
evidence no later than 45 days from the date of application for 
assistance is waived for any program participant admitted into PSH 
funded by the CoC program one-year from the date of the issuance of 
the waiver so long as (1) the intake-staff records observations of 
disability in the client file at time of application; or (2) the 
individual seeking assistance provides written certification that 
they have a qualifying disability is provided at time of 
application.
    Nature of Requirement: 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.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving the requirement to obtain additional 
evidence of disability as provided in 24 CFR 578.103(a)(4)(i)(B)(4)) 
as specified below will allow recipient to house people impacted by 
Typhoon Mawar by relying on intake staff-recorded observations of 
disability or a written self-certification by the program 
participant. This will help individuals and families with 
disabilities to expeditiously receive needed housing assistance when 
paperwork from the Social Security Administration or medical 
professionals cannot be quickly obtained.
    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.

VIII. Mega-Waiver for Guam Typhoon Mawar--ESG

    On June 26, 2023, Principal Deputy Assistant Secretary Marion 
McFadden issued a memorandum offering waivers of certain statutory 
and regulatory requirements associated with several Community 
Planning and Development (CPD) grant programs to address damage and 
facilitate recovery from Typhoon Mawar in areas covered by a major 
disaster declaration under Title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (Stafford Act), DR-
4715-GU, dated May 25, 2023, and as may be amended (the ``declared-
disaster areas''). The following summarizes the waivers available 
for ESG Program Recipients.

ESG--Term Limits on Rental Assistance and Housing Relocation and 
Stabilization Services

    <bullet> Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and 
Housing Relocation and Stabilization Services.
    Project/Activity: The 24-month limits on rental assistance and 
housing relocation and stabilization services are waived for 
individuals and families who meet both of the following criteria: 
(1) the individual or family lives in a declared-disaster area or 
was displaced from a declared-disaster area as a result of Typhoon 
Mawar; and (2) the individual or family is currently receiving 
rental assistance or housing relocation stabilization services or 
begins receiving rental assistance or housing relocation and 
stabilization services within two years after the date of the 
issuance of the waiver. For these individuals and families, ESG 
funds may be used to provide up to 36 consecutive months of rental 
assistance, utility payments, and housing stability case management, 
in addition to the 30 days of housing stability case management that 
may be provided before the move into permanent housing under 24 CFR 
576.105(b)(2). HUD will also consider further waiver requests to 
allow assistance to be provided for longer than three years, if the 
recipient demonstrates good cause.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any 3-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any 3-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Waiving the 24-month caps on rental assistance, 
utility payments, and housing stability case management assistance 
will assist individuals and families, both those already receiving 
assistance and those who will receive assistance subsequent to the 
date of the issuance of the waiver to maintain stable permanent 
housing in place or in another area and help them return to their 
hometowns, as desired, when additional permanent housing is 
available.
    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.

ESG--Restriction of Rental Assistance to Units With Rent at or Below 
Fair Market Rent (FMR)

    <bullet> Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The FMR restriction is waived for any rent 
amount that takes effect during the two-year period beginning on the 
date of the issuance of the waiver for any individual or family who 
is renting or executes a lease for a unit in a declared-disaster 
area. However, the affected recipients and their subrecipients must 
still ensure that the units in which ESG assistance is provided to 
these individuals and families meet the rent reasonableness 
standard. HUD will consider requests to waive the FMR restriction 
for rent amounts that take effect after the two-year period, if a 
recipient demonstrates good cause.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: HUD granted this waiver to enable ESG recipients 
to meet the critical housing needs of individuals and families whose 
housing was damaged or who were displaced as a result of Typhoon 
Mawar. Waiving the FMR restriction will make more

[[Page 71425]]

units available to individuals and families in need of permanent 
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.

ESG--Housing Standards

    <bullet> Regulation: 24 CFR 576.403(c).
    Project/Activity: The ESG housing standards at 24 CFR 576.403(c) 
are waived for units in the declared disaster area that are or will 
be occupied by individuals or families eligible for ESG Rapid Re-
housing or Homelessness Prevention assistance, provided that: (1) 
Each unit must still meet applicable state and local standards; (2) 
Each unit must be free of life-threatening conditions as defined in 
Notice PIH 2017-20 (HA); and (3) Recipients must make sure all units 
in which program participants are assisted meet the ESG housing 
standards within 60 days of the date of the issuance of the waiver.
    Nature of Requirement: If ESG funds are used to help a program 
participant remain in or move into housing, the housing must meet 
the minimum habitability standards provided in 24 CFR 576.403(c).
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical housing needs of many eligible 
individuals and families in the declared disaster area.
    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.

ESG--Shelter Standards

    <bullet> Regulation: 24 CFR 576.403(b).
    Project/Activity: The ESG shelter standards at 24 CFR 576.403(b) 
are waived for shelters in the declared disaster area that are or 
will be occupied by individuals and families eligible for ESG 
emergency shelter assistance, provided that: (1) Each shelter must 
meet applicable state and local standards; (2) Each shelter must be 
free of life-threatening conditions defined in Notice PIH 2017-20 
(HA); and (3) Recipients ensure that these shelters
    Nature of Requirement: If ESG funds are used for shelter 
operations costs, the shelter must meet the minimum safety, 
sanitation and privacy standards under 24 CFR 576.403(b). If ESG 
funds are used to convert a building into a shelter, rehabilitation 
a shelter, or otherwise renovate a shelter, the shelter must meet 
the minimum safety, sanitation, and privacy standards in 24 CFR 
576.403(b) as well as applicable state or local government safety 
and sanitation standards.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: This waiver is needed to enable ESG recipients to 
expeditiously meet the critical emergency shelter needs of many 
eligible individuals and families in the declared disaster area.
    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.

ESG--Limited Waiver of 24-Month Expenditure Deadline for Rapid Re-
Housing and Homelessness Prevention Assistance and Related 
Administrative and HMIS Costs

    <bullet> Regulation: 24 CFR 576.203(b).
    Project/Activity: The expenditure deadline is waived only for 
costs of providing homelessness prevention and rapid re-housing 
assistance to individuals and families under the flexibility 
provided by ESG waivers on term limits on rental assistance and 
housing relocation and stabilization services; restriction of rental 
assistance to units with rent at or below FMR; assisting program 
participants with subleases; and reasonable HMIS and administrative 
costs related to that assistance. In addition, no expenditure may be 
made or charged to any grant on or after the date Treasury closes 
the relevant account as provided by 31 U.S.C. 1552.
    Nature of Requirement: Section 576.203(b) of the ESG regulations 
requires all expenditures under an ESG grant to be made within 24 
months after the date HUD signs the grant agreement with the 
recipient. For purposes of this requirement, expenditure means 
either an actual cash disbursement for a direct charge for a good or 
service or an indirect cost, or the accrual of a direct charge for a 
good or service or an indirect cost.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: Providing a limited waiver of the expenditure 
deadline for costs of providing homelessness prevention and rapid 
re-housing assistance to individuals and families will support 
recipients' ability to assist individuals and families as provided 
by other ESG program waivers related to this disaster.
    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.

ESG--Assisting Program Participants With Subleases

    <bullet> Regulation: 24 CFR 576.105 and 24 CFR 576.106.
    Project/Activity: The requirements in 24 CFR 576.105 and 576.106 
are waived to the extent that the references to ``owner'' and 
``lease'' in 24 CFR 576.105 and 576.106 restrict an individual or 
family from receiving assistance in a unit they rent from the 
primary leaseholder, provided that all of the following criteria are 
met: (1) The individual or family lives in the declared-disaster 
area or was displaced from the declared-disaster area as a result of 
Typhoon Mawar; (2) The individual or family is currently receiving 
ESG-funded rental assistance as the leaseholder or housing 
relocation stabilization services or begins receiving rental 
assistance or housing relocation stabilization services within two 
years after the date of the issuance of the waiver; (3) The 
individual or family chooses to rent a unit through a legally valid 
sublease or lease with the primary leaseholder for the unit; and 
(4). The recipient has developed written policies to apply the 
requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 576.409, and 
24 CFR 576.500(h) with respect to that program participant by 
reading the references to ``owner'' and ``housing owner'' to apply 
to the primary leaseholder and reading the references to ``lease'' 
to apply to the program participant's sublease or lease with the 
primary leaseholder.
    Nature of Requirement: The use of ``owner'' and ``lease'' in 24 
CFR 576.105 and 576.106 prohibit program participants from receiving 
rental assistance under 24 CFR 576.106 and certain services under 24 
CFR 576.105 with respect to units that program participants rent 
from a person other than the owner or the owner's agent. 
Justification: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 26, 2023.
    Reason Waived: By increasing the permissible housing options for 
program participations, this waiver would allow the recipient to 
meet the critical housing needs of more eligible individuals and 
families in the declared disaster area.
    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 Public and Indian 
Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

    <bullet> Regulation: 24 CFR 982.505(c)(4) Increase in Payment 
Standard During Housing Assistance Payment (HAP) Contract Term.
    Project/Activity: Notice PIH 2022-30 Extension of Certain 
Regulatory Waivers for the Housing Choice Voucher (including 
Mainstream) Program and Streamlined Review Process.
    Nature of Requirement: PHAs may request an extension of the 
option to increase the payment standard for the family at any time 
after the effective date of the increase, rather than waiting for 
the next regular reexamination.
    Reason Waived: Extension for PHAs that were granted to the 
opportunity to apply for

[[Page 71426]]

certain regulatory waivers that were originally offered as part of 
the CARES Act waivers in Notice PIH 2021-14 to provide continued 
flexibility during the pandemic and pandemic recovery. HUD 
expeditiously responded to these waiver request in accordance with 
Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989.
    Granted By: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 451 
7th St. SW, Suite 3180, Washington, DC 20410-5000, or email to 
<a href="/cdn-cgi/l/email-protection#d5859c9d8a90ada5b0b1bca1b0b18a82b4bca3b0a7a695bda0b1fbb2baa3"><span class="__cf_email__" data-cfemail="702039382f3508001514190415142f27111906150203301805145e171f06">[email protected]</span></a>.

------------------------------------------------------------------------
                          PHAs                             Date granted
------------------------------------------------------------------------
Selma Housing Authority.................................        6/9/2023
Arkadelphia Housing Authority...........................        6/9/2023
Hot Springs Housing Authority...........................        6/9/2023
Conway County Housing Authority.........................       5/18/2023
St. Francis County Housing Authority....................       5/18/2023
Housing Authority of the City of Hawaiian Gardens.......       5/16/2023
Housing Authority of Pompano Beach......................       4/11/2023
County of Maui..........................................       5/18/2023
Housing Authority of the City of Richmond...............        6/9/2023
Housing Authority of the City of New Albany.............       4/11/2023
Housing Authority of the City of Tell City..............        6/9/2023
Housing Authority of the City of Jeffersonville.........        6/9/2023
Linton Housing Authority................................       4/24/2023
Indiana Housing And Community Development Au............        6/9/2023
Topeka Housing Authority................................       4/24/2023
Laurel County Section 8 Housing.........................        5/9/2023
Housing Authority of the City of Annapolis..............        6/9/2023
Kent County Housing Commission..........................       5/30/2023
HRA of Fergus Falls, Minnesota..........................        5/9/2023
Stevens County HRA......................................        5/9/2023
Lafayette County Housing Authority......................       5/30/2023
Isothermal Planning & Development Commission............       5/18/2023
Housing Authority of Cass County........................        6/9/2023
Norfolk Housing Agency..................................       4/11/2023
Brick Housing Authority.................................       4/24/2023
West Orange Housing Authority...........................        6/9/2023
Santa Fe Civic Housing Authority........................       5/30/2023
Southern Nevada Regional Housing Authority..............       4/11/2023
Glens Falls Housing Authority...........................        6/9/2023
Knox Metropolitan Housing Authority.....................       5/18/2023
Municipality of San Juan................................       4/24/2023
Municipality of Guayanilla..............................       4/11/2023
Jackson Housing Authority...............................       4/11/2023
Etowah Housing Authority................................       5/18/2023
Logan City Housing Authority............................        6/9/2023
CDA of the City of West Allis...........................        5/9/2023
Grand Junction Housing Authority........................       6/30/2023
Central Iowa Regional Housing Authority.................       6/30/2023
Westfield Housing Authority.............................       6/30/2023
Housing Authority of the City of Camden.................       6/30/2023
Wayne Metropolitan Housing Authority....................       6/30/2023
Morrow Metropolitan Housing Authority...................       6/30/2023
Housing Authority of the County of Lycoming.............       6/30/2023
Bear River Regional Housing Authority...................       6/30/2023
Sheboygan Housing Authority.............................       6/30/2023
------------------------------------------------------------------------

    <bullet> Regulation: 24 CFR 982.503(b) Voucher Tenancy: New 
Payment Standard Amount.
    Project/Activity: Notice PIH 2022-30 Extension of Certain 
Regulatory Waivers for the Housing Choice Voucher (including 
Mainstream) Program and Streamlined Review Process.
    Nature of Requirement: PHAs may request an extension of 
expedited waiver(s) to allow for establishment of payment standards 
from 111 to 120 percent of the FMR.
    Reason Waived: Extension for PHAs that were granted to the 
opportunity to apply for certain regulatory waivers that were 
originally offered as part of the CARES Act waivers in Notice PIH 
2021-14 to provide continued flexibility during the pandemic and 
pandemic recovery. HUD expeditiously responded to these waiver 
request in accordance with Section 106 of the Department of Housing 
and Urban Development Reform Act of 1989.
    Granted By: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 451 
7th St. SW, Suite 3180, Washington, DC 20410-5000, or email to 
<a href="/cdn-cgi/l/email-protection#ca9a8382958fb2baafaea3beafae959daba3bcafb8b98aa2bfaee4ada5bc"><span class="__cf_email__" data-cfemail="0d5d44455248757d686964796869525a6c647b687f7e4d657869236a627b">[email protected]</span></a>.

[[Page 71427]]



------------------------------------------------------------------------
                          PHAs                             Date granted
------------------------------------------------------------------------
Selma Housing Authority.................................        6/9/2023
Arkadelphia Housing Authority...........................        6/9/2023
Little River County Housing Authority...................       5/30/2023
Hot Springs Housing Authority...........................        6/9/2023
Wynne Housing Authority.................................       4/24/2023
Jonesboro Urban Renewal HA..............................        5/9/2023
Conway County Housing Authority.........................       5/18/2023
St. Francis County Housing Authority....................       5/18/2023
City of Oceanside Community Development Comm............       4/24/2023
Housing Authority of the City of Hawaiian Gardens.......        5/9/2023
Housing Authority of the City of Lakeland...............       6/14/2023
Housing Authority of Pompano Beach......................       4/11/2023
Housing Authority of the County of Dekalb, GA...........       4/24/2023
Eastern Iowa Regional Housing Authority.................       5/18/2023
Housing Authority of the City of Bloomington, IL........       4/24/2023
Housing Authority of the County of McLean, Ill..........       4/24/2023
Housing Authority of the City of Richmond...............        6/9/2023
Housing Authority of the City of New Albany.............       4/11/2023
Housing Authority of the City of Tell City..............        6/9/2023
Housing Authority of the City of Jeffersonville.........        6/9/2023
Linton Housing Authority................................       4/24/2023
Indiana Housing And Community Development Au............        6/9/2023
Topeka Housing Authority................................       4/24/2023
Housing Authority of Mayfield...........................       4/11/2023
Housing Authority of Springfield........................       5/30/2023
Laurel County Section 8 Housing.........................        5/9/2023
HRA of Fergus Falls, Minnesota..........................        5/9/2023
Stevens County HRA......................................        5/9/2023
Housing Authority of Kansas City, Missouri..............       5/18/2023
Lee's Summit Housing Authority..........................       5/18/2023
Lafayette County Housing Authority......................       5/30/2023
Isothermal Planning & Development Commission............       5/18/2023
Omaha Housing Authority.................................       4/11/2023
Douglas County Housing Authority........................       5/30/2023
Norfolk Housing Agency..................................       4/11/2023
West Central Nebraska Joint Housing Authority...........       4/11/2023
Housing Authority of the City of Orange.................       5/18/2023
Irvington Housing Authority.............................        6/9/2023
Brick Housing Authority.................................       4/24/2023
West Orange Housing Authority...........................        6/9/2023
Santa Fe Civic Housing Authority........................       5/30/2023
Glens Falls Housing Authority...........................        6/9/2023
Town of Brookhaven HCDIA................................       5/18/2023
Boonville Housing Authority.............................       5/18/2023
Knox Metropolitan Housing Authority.....................       5/18/2023
Logan County Metropolitan Housing Authority.............        5/9/2023
Fayette County Housing Authority........................       5/18/2023
Housing Authority of the County of Chester..............       4/11/2023
Housing Authority of the County of Bedford..............       5/18/2023
Jackson Housing Authority...............................       4/11/2023
Etowah Housing Authority................................       5/18/2023
Housing Authority of the City of Pearsall...............       5/18/2023
Cedar City Housing Authority............................        5/9/2023
HA of Island County.....................................       4/24/2023
Mauston Housing Authority...............................       4/11/2023
Grand Junction Housing Authority........................       6/30/2023
Housing Authority of the City of Lakeland...............       6/14/2023
Housing Authority of the City of Homestead..............       6/30/2023
Collier County Housing Authority........................       6/27/2023
Westfield Housing Authority.............................       6/30/2023
Rice County HRA.........................................       6/30/2023
Housing Authority of the City of Camden.................       6/30/2023
Wayne Metropolitan Housing Authority....................       6/30/2023
Morrow Metropolitan Housing Authority...................       6/30/2023
Sheboygan Housing Authority.............................       6/30/2023
------------------------------------------------------------------------

    <bullet> Regulation: 24 CFR 982.503(c) (HUD approval of 
exception payment standard amount).
    Project/Activity: FR-6301-N-01 Regulatory and Administrative 
Requirement Waivers and Flexibilities Available to HUD Public 
Housing and Section 8 During CY 2022 and CY 2023 to Public Housing 
Agencies to Assist with Recovery and Relief Efforts on Behalf of 
Families Affected by Presidentially Declared Disasters.
    Reason Waived: HUD's expedited process for waivers and 
flexibilities from HUD regulatory and administrative requirements 
(``HUD requirements'') during Presidentially Declared Disasters 
(PDDs). To respond to PDDs, this notice establishes an expedited

[[Page 71428]]

process for the review of waiver requests and flexibilities for 
calendar years (CY) 2022 and 2023, for Public Housing Agencies 
(PHAs) located within PDDs (PDD PHAs). PDD PHAs may make such 
requests utilizing the expedited process set forth in this 
notification.
    Granted By: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 451 
7th St. SW, Suite 3180, Washington, DC 20410-5000, or email to 
<a href="/cdn-cgi/l/email-protection#55051c1d0a113c2634262130270a0730393c3033153d20317b323a23"><span class="__cf_email__" data-cfemail="603029283f24091301131405123f32050c090506200815044e070f16">[email protected]</span></a>.

------------------------------------------------------------------------
                          PHAs                             Date granted
------------------------------------------------------------------------
Little Rock Housing Authority..........................       4/21/2023
------------------------------------------------------------------------

    <bullet> Regulation: 24 CFR 983.202(b)(2), 24 CFR 983.210(a), 
(c), (d), 24 CFR 983.351(a)(1), 24 CFR 983.260.
    Project/Activity: Request for waivers from the U.S. Department 
of Housing and Urban Development (``HUD'') to facilitate payment of 
Housing Assistance Payments (``HAP'') while Section 8-assisted 
households are temporarily moved from their existing units.
    Nature of Requirement: (1) 24 CFR 983.202(b)(2) so that, during 
the Temporary On-Site Move Period, housing assistance will be paid 
for units under contract and occupied by eligible households, an 
addendum to the lease will be executed for the Temporary Units 
covering the period it takes to complete necessary health and safety 
improvements. (2) 24 CFR 983.210(a) for the units that are 
unoccupied while lead abatement is being completed so that those 
units do not need to be in good and tenantable condition or meet HQS 
during that time period. NYCHA recognizes that protections and 
procedures must be in place to minimize health and safety risks 
while work is being completed in unoccupied units. (3) 24 CFR 
983.210(c) so that the contract unit, for which the owner is 
receiving housing assistance, will be covered by any addendums 
subject to the temporary unit and ensure equal tenant protections 
during the period it takes to complete necessary health and safety 
improvements while the original tenant lease remains in place. (4) 
24 CFR 983.210(d) so that while tenants are temporarily moved, they 
may continue to maintain residency at their leased unit. (5) 24 CFR 
983.351(a)(1) so that housing assistance payments shall be made for 
the months during which a contract unit is leased, or for a 
Temporary Units, under a lease addendum. NYCHA recognizes that no 
housing assistance payments shall be made for units that are 
unoccupied. (6) 24 CFR 983.260 so that during the Temporary On-Site 
Move Period, families may occupy units that are larger than their 
leased unit and include accessibility features the family does not 
require.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 12, 2023.
    Reason Waived: Allowing the families to temporarily move to 
units on-site, under the execution of only one lease, will limit 
residents' exposure to hazardous material during LBP abatement and 
ensure the necessary rehabilitation work is completed expeditiously 
for families to safely move back into their original unit as soon as 
possible.
    Contact: Kristen Arnold, Housing Programs Specialist, Office of 
Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(971) 222-2667.

    <bullet> Regulation: 24 CFR 982.207(a)(1) and 24 CFR 903.17.
    Project/Activity: Requesting waiver of 24 CFR 982.207(a)(1). The 
preference will grant Housing Choice Vouchers (HCVs) for families 
and individuals referred through the Continuum of Care (Coc) 
Coordinated Entry System (CES) who met eligibility requirements 
under LACDA's EHV program.
    Nature of Requirement: As described by the LACDA, its governing 
body requires approval from two separate boards, the Los Angeles 
County Board of Supervisors (serving as its Board of Commissioners) 
and its Housing Advisory Committee. Approval of revisions to its 
administrative plan from each body requires a minimum of 60 days, 
and the LACDA would like to adopt its EHV preference as soon as 
possible so that families issued an EHV can receive assistance as 
they secure housing units. Your letter notes the urgency to serve 
EHV families searching for a unit, many of whom are currently 
experiencing unsheltered homelessness and at risk of losing their 
selected housing.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 20, 2023.
    Reason Waived: Pursuant to the waiver authority provided at 24 
CFR 5.110, I have determined that there is good cause to waive, and 
I hereby waive, 24 CFR 982.54(a) to allow the LACDA to implement the 
limited waiting list preference while it secures full Board 
approval.
    Contact: Emily J. Warren, Housing Programs Specialist, Office of 
Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 708-0614.

    <bullet> Regulation: 24 CFR 200.320(b)(2)(i).
    Project/Activity: St. Louis Housing Authority's (SLHA) request 
for a non-competitive procurement that exceeds the small procurement 
threshold.
    Nature of Requirement: The regulation at 24 CFR 200.320(b)(2)(i) 
requires that requests for proposals be publicized and solicited 
from an adequate number of qualified offerors.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 28, 2023.
    Reason Waived: Due to several examples of negligence by the 
current Management Agent (MA), that jeopardizes the safety for 
residents and viability of the public housing program an expedited 
procurement is needed to quickly address these issues by finding a 
new MA. Given the circumstances presented, good cause has been shown 
for the noncompetitive procurement of a new MA and HUD authorizes 
the noncompetitive procurement of a new Management Agent for SLHA 
based on the public exigency outlined in the SLHA's letter.
    Contact: Bernita C. James, Housing Programs Specialist, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-7169.

    <bullet> Regulation: 24 CFR 982.401(a)(2) and (4).
    Project/Activity: The Housing Authority of the City of Austin 
(HACA) and the Housing Authority of Travis County (HATC) with their 
Continuum of Care, Ending Community Homelessness Coalition (ECHO), 
sent a letter to the U.S. Department of Housing and Urban 
Development (HUD) requesting a waiver of 24 CFR 982.401(a)(2) and 
(4) to allow the Single Room Occupancy (SRO) units at the Community 
First! Village (CFV) to pass a Housing Quality Standards (HQS) 
inspection. The units at the CFV are a critical part of Austin's 
response to HUD's House America campaign. This waiver would enable 
some of the 600 unsheltered homeless in the Austin, TX, area to live 
in these units using voucher assistance.
    Nature of Requirement: The HACA and the HATC are requesting this 
waiver due to a severe lack of affordable housing in the Austin, TX 
area, and a homelessness crisis. The HACA stated that they have 
individuals searching for units using vouchers, including those with 
HUD-VASH and Emergency Housing Vouchers, and they are not able to 
find other suitable units. Providing a waiver to 24 CFR 
982.605(b)(2)(i)(A) would expand housing opportunities for these 
individuals giving them a viable housing option at the CFV. There 
are dozens of units available at the CFV and plans to build more. 
Furthermore, the CFV has been open for eight years and the founder 
of the community, Alan Graham, stated in an April 6 phone call with 
the Department that the ratio of occupants to bathrooms and showers 
has not been an issue.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 17, 2023.
    Reason Waived: I have determined, pursuant to the waiver 
authority provided at 24 CFR 5.110, that there is good cause to 
waive, and I hereby waive, 24 CFR

[[Page 71429]]

982.605(b)(2)(i)(A) to allow the Phase 1 and 2 units at the CFV with 
more than 6 occupants per bathroom and shower to pass an HQS 
inspection. As an alternative requirement, existing units at the CFV 
may be approved if there is one bathroom (with flush toilet and 
lavatory basin) for each 7 occupants and one shower for each 9.5 
occupants. If units are constructed in the future, the HACA and the 
HATC need to provide good cause for any future waiver. HUD cannot 
grant a waiver covering presently non-existing units, that may be 
constructed years later, at which time the factual circumstances 
regarding housing in the area and good cause may have changed. The 
HACA and the HATC may request another waiver for the units in the 
future phases after they are built.
    Contact: Molly K. Allen, Housing Programs Specialist, Office of 
Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-6369.

    <bullet> Regulation: Waiver of Applicable Regulations to Allow 
HABC to Apply MTW Flexibilities to Families with VASH Vouchers.
    Project/Activity: The Housing Authority of Baltimore City (HABC) 
has submitted a request to waive applicable regulations to allow 
HABC to apply MTW flexibilities to families with VASH vouchers. HABC 
has an allocation of 586 VASH vouchers and 484 of those vouchers are 
currently under lease.
    Nature of Requirement: HABC established these specific 
additional flexibilities with the objectives of streamlining 
policies to expedite voucher issuance, simplify program processes, 
increase staff efficiency, expedite leasing, and improve customer 
service for both program participants and stakeholders.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 17, 2023.
    Reason Waived: It has been determined that the application of 
the above listed MTW flexibilities would not have a negative impact 
on HUD-VASH participants and could help more effectively serve HUD-
VASH families in your PHA's jurisdiction. In addition, the MTW 
flexibilities do not conflict with the HUD-VASH Operating 
Requirements.
    Contact: Jerrianne Anthony, Housing Programs Specialist, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 708-0614.

    <bullet> Regulation: 24 CFR 984.303(d).
    Project/Activity: Belmont Housing Resources FSS.
    Nature of Requirement: ``. . . (d) Contract extension. The PHA 
shall, in writing, extend the term of the contract of participation 
for a period not to exceed two years for any FSS family that 
requests, in writing, an extension of the contract, provided that 
the PHA finds that good cause exists for granting the extension. The 
family's written request for an extension must include a description 
of the need for the extension. As used in this paragraph (d), ``good 
cause'' means circumstances beyond the control of the FSS family, as 
determined by the PHA, such as a serious illness or involuntary loss 
of employment. Extension of the contract of participation will 
entitle the FSS family to continue to have amounts credited to the 
family's FSS account in accordance with Sec.  984.304 . . .''
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 6, 2023.
    Reason Waived: The FSS participant was ineligible to graduate at 
the expiration of the extension, because he lost his job due to the 
COVID-19 pandemic and was subsequently injured and permanently 
disabled by a car accident during his contract extension. BHR 
submitted a waiver request on September 21, 2022, prior to the end 
date of the FSS participant's Contract of Participation, seeking a 
waiver of 24 CFR 984.303(d) that would allow for an additional six-
month extension of the FSS participant's Contract of Participation.
    Contact: Jayme Brown, Housing Programs Specialist, Office of 
Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-3624.

    <bullet> Regulation: 24 CFR 983.51(b)(1).
    Project/Activity: Requesting a waiver of 24 CFR 983.51(b) in 
order to allow the Housing Authority of LaSalle County (HALC) to 
select a project for project-based voucher (PBV) assistance without 
undergoing a competitive process or based on a previous competition. 
You are seeking this waiver request so that your agency can non-
competitively select Saratoga Towers (Project), a 95-unit apartment 
property located at 1700 Newton Place, Morris, Illinois, for PBV 
assistance.
    Nature of Requirement: The Project is a public housing 
development owned by the Grundy County Housing Authority (GCHA). The 
HALC and the GCHA entered into an Intergovernmental Agreement 
effective December 21, 2022, allowing the HALC to apply for and 
administer tenant protection vouchers (TPVs) under the GCHA's 
Section 22 Streamlined Voluntary Conversion (SVC) Plan (the Plan) 
for the Project. On February 2, 2023, the HUD Illinois State Office 
of Public Housing approved the HALC as the agency to administer 
vouchers on behalf of the GCHA.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 6, 2023.
    Reason Waived: Pursuant to the waiver authority provided at 24 
CFR 5.110, I have determined that there is good cause to waive, and 
I hereby waive, 24 CFR 983.51(b) so that the HALC may select 
Saratoga Towers for an award of PBVs without following a competitive 
process.
    Contact: Nathaniel Johnson, Housing Programs Specialist, 451 7th 
Street SW, Washington, DC 20410, 202-402-5156.

    <bullet> Regulation: Section 9(g)(1) of the United States 
Housing Act of 1937.
    Project/Activity: Kansas City Housing Authority is seeking a 
waiver of Section 9(g)(1) of the United States Housing Act of 1937, 
specifically for ``the flexibility of Capital Fund Amounts'' for 
eligible Operating Fund activities. HAKC is requesting a waiver for 
its Capital Fund formula grants awarded in Federal Fiscal Years 
(FFY) 2021 and 2022 to fund anticrime and antidrug activities for 
large PHAs (those owning/operating 250 or more public housing 
units).
    Nature of Requirement: The Housing Authority of Kansas City, MO 
(MO002) submitted its request for a waiver to place more than 25% of 
FY 2022 Capital Funds onto 1406 Operations for anticrime and 
antidrug activities.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 8, 2023.
    Reason Waived: The Housing Authority of Kansas City, MO (MO002) 
submitted its request for a waiver to place more than 25% of FY 2022 
Capital Funds onto 1406 Operations for anticrime and antidrug 
activities. Section 9(e)(1)(C) of the 1937 United States Housing 
Act. As noted above, for FY 2022 the limitation in section 9(g)(1) 
of the 1937 Act is increased from 20% to 25%. For FY 2022 the 
Secretary may waive this limitation to allow PHAs to fund activities 
authorized under section 9(e)(1)(C) of the 1937 Act which allows 
PHAs to use Operating Funds for anticrime and antidrug activities, 
including the costs of providing adequate security for public 
housing residents, including above-baseline police service 
agreements.
    Contact: David Fleischman, Housing Programs Specialist, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-2071.

    <bullet> Regulation: 24 CFR 985.101(a)(1-3) and 24 CFR 
985.105(a)(1).
    Project/Activity: Requesting a waiver from submitting its fiscal 
year 2023 (July 1, 2022, to June 30, 2023) SEMAP certification in 
accordance with 24 CFR 985.101(a)(1-3) and 24 CFR 985.105(a)(1). The 
certification is due August 29, 2023. The PCHA is requesting that 
HUD not assess the PCHA's performance under SEMAP because of the 
January 1, 2023, transfer of the Eloy Housing Authority's (EHA) 
Housing Choice Voucher (HCV) program. The PCHA is experiencing 
challenges incorporating the EHA's program and assisted families 
into the PCHA's operations.
    Nature of Requirement: The regulations at 24 CFR 985.105(a)(1) 
provide that HUD shall assess each PHA's performance under SEMAP 
annually and shall assign each PHA a SEMAP score and overall 
performance rating.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 20, 2023.
    Reason Waived: Pursuant to the waiver authority provided at 24 
CFR 5.110, that there is good cause to waive, and I hereby waive, 24 
CFR 985.101(a) and 24 CFR 985.105(a)(1) to permit the PCHA to not 
complete their SEMAP certification in its entirety for its fiscal 
year ending June 30, 2023.

[[Page 71430]]

    Contact: Michelle Daniels, Housing Programs Specialist, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-6051.

    <bullet> Regulation: 24 CFR 983.205(b).
    Project/Activity: The Hawaii Public Housing Authority (HPHA) is 
administering a Project-Based Voucher (PBV) HAP contract at Palolo 
Homes, a 306-unit affordable housing project located in Honolulu, 
Hawaii. The HPHA, with the support of the Project's sponsor, Mutual 
Housing Association of Hawaii, Inc. (MHAH), a nonprofit organization 
focused on providing affordable housing to residents of Hawaii, is 
requesting HUD to waive certain timeframe provisions for the HAP 
contract extension, as set forth at 24 CFR 983.205(b).
    Nature of Requirement: The HPHA's specific request is to provide 
a PBV HAP contract extension commitment prior to the 24-month 
regulatory requirement timeframe. The current HAP contract term 
expires on March 3, 2027, and under 24 CFR 983.205(b), a HAP 
contract extension may not be provided any earlier than March 3, 
2025. The HPHA would like to make a HAP contract extension 
commitment in June 2023 (approximately 45 months prior to the 
existing contract end date).
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 29, 2023.
    Contact: Nathaniel Johnson, Housing Programs Specialist, Office 
of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, telephone 
(202) 402-5156.

[FR Doc. 2023-22602 Filed 10-13-23; 8:45 am]
BILLING CODE 4210-67-P


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