71432 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6395–N–01] 

Notice of Regulatory Waiver Requests 

Granted for the First Quarter of 

Calendar Year 2023 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Notice. 

SUMMARY: Section 106 of the Department 

of Housing and Urban Development 

Reform Act of 1989 (the HUD Reform 

Act) requires HUD to publish quarterly 

Federal Register notices of all 

regulatory waivers that HUD has 

approved. Each notice covers the 

quarterly period since the previous 

Federal Register notice. The purpose of 

this notice is to comply with the 

requirements of section 106 of the HUD 

Reform Act. This notice contains a list 

of regulatory waivers granted by HUD 

during the period beginning on January 

1, 2023, and ending on March 31, 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 Seventh Street 

SW, Room 10276, Washington, DC 

20410–0500, telephone 202–708–3055 

(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 or communication 

disabilities. 

To learn more about how to make an 

accessible telephone call, 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 first 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 

January 1, 2023, through March 31, 

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 § 58.73 and 

§ 58.74 would appear sequentially in the 

listing under § 58.73. 

Waiver of regulations that involve the 

same initial regulatory citation are in 

time sequence beginning with the 

earliest-dated regulatory waiver. 

Should HUD receive additional 

information about waivers granted 

during the period covered by this report 

(the first quarter of calendar year 2023) 

before the next report is published (the 

second quarter of calendar year 2023), 

HUD will include any additional 

waivers granted for the first 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 January 1, 2023, Through 

March 31, 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 Housing 

III. Regulatory Waivers Granted by the Office 

of Public and Indian Housing 

I. Regulatory Waivers Granted by the Office 

of Community Planning and Development 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

I. Mega-Waiver for California Severe Winter 

Storms, Flooding, Landslides, and 

Mudslides—Continuum of Care (CoC) 

Program 

On February 9, 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, 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 January 14, 2023, and as 

may be amended (the ‘‘declared-disaster 

areas’’). The following summarizes the 

waivers available for CoC Program 

Recipients. 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71433 

CoC—Permanent Housing Rapid Re-Housing 

Limit to 24 Months of Rental Assistance 

• Regulation: 24 CFR 578.37(a)(1)(ii), 24 

CFR 578.37(a)(1)(ii)(C), and 24 CFR 

578.51(a)(1)(i). 

Project/Activity: The 24-month limit on 

rental assistance is waived for two years 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 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: February 9, 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 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 (202) 

708–4300. 

CoC—One Year Lease Requirement 

• 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 the waiver was granted 

for program participants living in a declareddisaster 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: February 9, 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 (202) 

708–4300. 

CoC—One-Time Limit on Moving Costs 

• 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 waiver for program participants living 

in a declared-disaster area or program 

participants displaced from a declareddisaster 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: February 9, 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 

• 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 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: February 9, 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 (202) 

708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• 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 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. 


ddrumheller on DSK120RN23PROD with NOTICES3
71434 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

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: February 9, 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 winter storms, 

flooding, landslides, and mudslides in 

California by relying on intake staff-recorded 

observations of disability or a written selfcertification 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 (202) 

708–4300. 

II. Mega-Waiver for California Severe Winter 

Storms, Flooding, Landslides, and 

Mudslides—Emergency Solutions Grants 

(ESG) Program 

On February 9, 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, 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 January 14, 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 

• 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, flooding, 

landslides, and mudslides in areas of 

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 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: February 9, 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 

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 (202) 

708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• 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 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: February 9, 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, 

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 (202) 

708–4300. 

ESG—Housing Standards 

• 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 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: February 9, 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 (202) 

708–4300. 

ESG—Shelter Standards 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71435 

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: February 9, 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 (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 

• Regulation: 24 CFR 576.203(b). 

Project/Activity: The expenditure deadline 

is waived only for costs of providing 

homelessness prevention and rapid rehousing 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: February 9, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline as described in 

the applicability paragraph below will 

support recipients’ ability to assist 

individuals and families as 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; and 

assisting program participants with 

subleases. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 declareddisaster area or was displaced from the 

declared-disaster area as a result severe 

winter storms, 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 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: February 9, 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 (202) 

708–4300. 

III. Mega-Waiver for Alabama Severe Storms, 

Straight-Line Winds, and Tornadoes—CoC 

On February 9, 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 

Alabama 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 January 15, 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 

• 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 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 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: February 9, 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 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 (202) 

708–4300. 


ddrumheller on DSK120RN23PROD with NOTICES3
71436 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

CoC—One Year Lease Requirement 

• 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 waiver for 

program participants living in a declareddisaster 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: February 9, 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 (202) 

708–4300. 

CoC—One-Time Limit on Moving Costs 

• 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 waiver for program participants living 

in a declared-disaster area or program 

participants displaced from a declareddisaster 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: February 9, 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 (202) 

708–4300. 

CoC—Fair Market Rent (FMR) Cap on Rent 

Paid With Leasing Funds 

• 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 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: February 9, 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 (202) 

708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• 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 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: February 9, 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, straightline winds, and tornadoes in Alabama 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 (202) 

708–4300. 

IV. Mega-Waiver for Alabama Severe Storms, 

Straight-Line Winds, and Tornadoes—ESG 

On February 9, 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 Alabama covered by a 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71437 

major disaster declaration under Title IV of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4698–AR, dated January 15, 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 

• 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, straight-line winds, 

and tornadoes in Alabama; 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 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: February 9, 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 

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 (202) 

708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• 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 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: February 9, 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 

Alabama. 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 (202) 

708–4300. 

ESG—Housing Standards 

• 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 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: February 9, 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 

• 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: February 9, 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 (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 

• Regulation: 24 CFR 576.203(b). 

Project/Activity: The expenditure deadline 

is waived only for costs of providing 

homelessness prevention and rapid rehousing 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 


ddrumheller on DSK120RN23PROD with NOTICES3
71438 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

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: February 9, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline as described in 

the applicability paragraph below will 

support recipients’ ability to assist 

individuals and families as provided by 

waivers 19 and 20 above. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 declareddisaster area or was displaced from the 

declared-disaster area as a result of severe 

storms, straight-line winds, and tornadoes in 

Alabama; 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 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: February 9, 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 (202) 

708–4300. 

V. Mega-Waiver for Mississippi Severe 

Storms, Straight-Line Winds, and 

Tornadoes—CoC 

On March 30, 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 

Mississippi 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 March26, 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 

• 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 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 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: March 30, 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 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 

• 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 waiver for 

program participants living in a declareddisaster 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: March 30, 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 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71439 

of the waiver for program participants living 

in a declared-disaster area or program 

participants displaced from a declareddisaster 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: March 30, 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 

• 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 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: March 30, 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) 

• 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 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: March 30, 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 storms, straightline winds, and tornadoes in Mississippi 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 Mississippi Severe 

Storms, Straight-Line Winds, and 

Tornadoes—ESG 

On March 30, 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 Mississippi 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 March 26, 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 

• 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, straight-line winds, 

and tornadoes in Mississippi; 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 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: March 30, 2023. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 


ddrumheller on DSK120RN23PROD with NOTICES3
71440 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

assistance will assist individuals and 

families, both those already receiving 

assistance and those who will receive 

assistance subsequent to the date 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) 

• 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 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: March 30, 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 

Mississippi. 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 

• 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 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: March 30, 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 

• 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: March 30, 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 

• Regulation: 24 CFR 576.203(b). 

Project/Activity: The expenditure deadline 

is waived only for costs of providing 

homelessness prevention and rapid rehousing 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: March 30, 2023. 

Reason Waived: The expenditure deadline 

is waived only for costs of providing 

homelessness prevention and rapid rehousing assistance to individuals and 

families under the flexibility provided by 

other the 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. This waiver may be used for 

program participants affected by the disaster, 

even if they are residing outside of the 

disaster area. However, 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. 

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 

• 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 declareddisaster area or was displaced from the 

declared-disaster area as a result of severe 

storms, straight-line winds, and tornadoes in 

Mississippi; 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 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. 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71441 

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: March 30, 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. 

• Regulation: 24 CFR 92.252(d)(l) Utility 

Allowance Requirements. 

Project/Activity: The City of Los Angeles, 

California requested a waiver of 24 CFR 

92.252(d)(1) to allow use of the utility 

allowance established by the local public 

housing agency (PHA) for Florence Mills 

Apartments, Pico Robertson Senior 

Community Apartments, and LA Pro II 

Apartments, three HOME-assisted projects. 

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: January 26, 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 nonHOME assisted units in a project. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.203(a)(1) and (2). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4683– 

CA). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 2023. 

Reason Waived: This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

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 declareddisaster 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 February 9, 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, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.209(e), (h)(1), and 

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4683– 

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. 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 McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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 declareddisaster 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 February 9, 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 

February 9, 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 February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Any participating 

jurisdiction located in the declared-disaster 

areas (see FEMA–DR–4683–CA). 

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 § 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, 92.222(b)(1) imposes certain 


ddrumheller on DSK120RN23PROD with NOTICES3
71442 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

conditions in granting the reduction to the 

matching requirement which HUD has 

determined there is sufficient good cause to 

waive. Waiving the conditions required to 

reduce the match requirement for the 

participating jurisdiction by 100 percent for 

FY 2023 and FY 2024 will eliminate 

administrative burden on affected 

participating jurisdictions and the need for 

the participating jurisdiction to identify 

match for HOME projects related to the 

damage caused by the disaster. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4683– 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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 February 9, 2023. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4683– 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 2023. 

Reason Waived: 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 February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.203(a)(1) and (2). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4684– 

AL). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 2023. 

Reason Waived: This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

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 declareddisaster 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 February 9, 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, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.209(e), (h)(1), and 

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4684– 

AL). 

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 McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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 declareddisaster 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 February 9, 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 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71443 

registration, for a period of 24 months after 

February 9, 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 February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4684– 

AL). 

Nature of Requirement: Section 220(a) of 

NAHA (42 U.S.C. 12750(a)) 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 § 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, § 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. Waiving the conditions required to 

reduce the match requirement for the 

participating jurisdiction by 100 percent for 

FY 2023 and FY 2024 will eliminate 

administrative burden on affected 

participating jurisdictions and the need for 

the participating jurisdiction to identify 

match for HOME projects related to the 

damage caused by the disaster. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4684– 

AL). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 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 February 9, 2023. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4684– 

AL). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: February 9, 2023. 

Reason Waived: 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 February 9, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.300(a)(2). 

Project/Activity: The City of Muncie, 

Indiana, requested a waiver of 24 CFR 

92.300(a)(2) to permit Bridges Community 

Services, Inc. (Bridges) a community housing 

development organization (CHDO), to 

transfer ownership of a HOME-assisted 

project, designated as HOME IDIS activity 

#2518, to Muncie Management, Inc., a nonCHDO for-profit corporation, that will own 

and operate the HOME-assisted project in 

accordance with 24 CFR part 92. 

Nature of Requirement: The regulation at 

24 CFR 92.300(a)(2) requires that rental 

housing developed with CHDO set-aside 

funds under 24 CFR 92.300(a) must be owned 

by the CHDO for a period at least equal to 

the period of affordability in 24 CFR 

92.252(e). 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: February 13, 2023. 

Reason Waived: Muncie Management, Inc 

does not meet the definition of a CHDO at 24 

CFR 92.2. This waiver will permit the 

transfer of this HOME-assisted project to 

Muncie Management, Inc, which will own 

and operate the project in accordance with 

the HOME requirements in 24 CFR part 92 

for the duration of the HOME period of 

affordability in 24 CFR 92.252(e). Without a 

waiver of 24 CFR 92.300(a)(2), the HOMEassisted project may fall into disrepair, be 

lost to foreclosure, or fail to remain as 

affordable housing operated in accordance 

with 24 CFR part 92 throughout the HOME 

period of affordability and the City would be 

required to repay its HOME investment for 

the acquisition of the HOME-assisted project. 

As a condition to the waiver, the City must 

complete its proposed actions to assign the 

HOME written agreement to MMI and record 

an amended deed restriction in compliance 

with 24 CFR 92.252 for the remainder of the 

HOME period of affordability. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.252(d)(l) Utility 

Allowance Requirements. 

Project/Activity: San Luis Obispo County, 

California, requested a waiver of 24 CFR 


ddrumheller on DSK120RN23PROD with NOTICES3
71444 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

92.252(d)(1) to allow use of the utility 

allowance established by the local PHA for 

Willow Walk Senior Apartments, and Los 

Angeles County, California requested a 

waiver of 24 CFR 92.252(d)(1) to allow use 

of the utility allowance established by the 

local PHA for Stanford Avenue Apartments. 

Each project is HOME-assisted. 

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: February 14, 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 nonHOME assisted units in a project. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.2, 24 CFR 

92.254(b)(2). 

Project/Activity: The State of California 

requested waivers of the HOME definition of 

reconstruction at 24 CFR 92.2 to permit the 

commitment of funds after 12 months from 

the date of destruction and the principal 

residency requirement at 24 CFR 92.254(b)(2) 

to permit the State to use HOME funds for 

the reconstruction of homes on the same lot 

in the Town of Paradise, California, where 

the properties were destroyed in the 

November 8, 2018, Camp wildfire disaster, 

but which may not be the owner’s principal 

residence at the time HOME funds are 

committed to the project. 

Nature of Requirement: The regulation at 

24 CFR 92.2 defines reconstruction as 

‘‘rebuilding, on the same lot, of housing 

standing on a site at the time of project 

commitment, except that housing that was 

destroyed may be rebuilt on the same lot if 

HOME funds are committed within 12 

months of the date of destruction.’’ For the 

purposes of the HOME program, 

reconstruction is considered a rehabilitation 

activity. The regulation at § 92.254(b)(2) 

requires that the rehabilitated housing be 

‘‘the principal residence of an owner whose 

family qualifies as a low-income family at the 

time HOME funds are committed to the 

housing.’’ 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 22, 2023. 

Reason Waived: More than 4 years have 

passed since the Camp wildfire disaster 

destroyed owner-occupied housing in the 

Town of Paradise. Requiring the State to 

adhere to the 12-month requirement in the 

definition of reconstruction and the 

requirement that a homeowner occupy their 

home as a principal residence at the time 

HOME assistance is committed would create 

a significant hardship for income-eligible 

homeowners in the Town of Paradise in need 

of assistance to rebuild their homes on the 

existing lots. A waiver of § 92.2 to permit the 

commitment of funds after 12 months from 

the date of destruction will allow the State 

to use HOME funds to assist eligible 

homeowners whose principal residences 

were destroyed by the 2018 Camp wildfire to 

reconstruct their homes on the same site. A 

waiver of § 92.254(b)(2)’s principal residency 

requirement will allow the State to use 

HOME funds to assist eligible homeowners 

with homes that were damaged or destroyed 

by the Camp wildfire and that may not be 

their principal residences (because of 

displacement due to the disaster) at the time 

HOME funds are committed to the project. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.203(a)(1) and (2). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4697– 

MS). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: March 30, 2023. 

Reason Waived: This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

§ 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 declareddisaster 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 March 30, 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, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.209(e), (h)(1), and 

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4697– 

MS). 

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 McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: March 30, 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 declareddisaster 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 March 30, 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 

March 30, 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 March 30, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71445 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4697– 

MS). 

Nature of Requirement: Section 220(a) of 

NAHA (42 U.S.C. 12750(a)) 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 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, 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. Waiving the conditions required to 

reduce the match requirement for the 

participating jurisdiction by 100 percent for 

FY 2023 and FY 2024 will eliminate 

administrative burden on affected 

participating jurisdictions and the need for 

the participating jurisdiction to identify 

match for HOME projects related to the 

damage caused by the disaster. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: March 30, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4697– 

MS). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: March 30, 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 March 30, 2023. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4697– 

MS). 

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. 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. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: March 30, 2023. 

Reason Waived: 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 March 30, 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• 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 (see DR–4683–CA) seeking to expedite 

action in response to severe winter storms, 

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–4683–CA, dated January 14, 2023, as may 

be amended (the ‘‘California declareddisaster 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: February 9, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe winter storms that hit 

California beginning December 27, 2022. 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

• 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 declareddisaster areas (see DR–4683–CA) seeking to 

expedite action in response to severe winter 

storms, 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 declareddisaster 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 


ddrumheller on DSK120RN23PROD with NOTICES3
71446 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

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: February 9, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe winter 

storms that hit California beginning 

December 27, 2022. 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. 

• 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, 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: February 9, 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 winter storms, 

flooding, landslides, and mudslides. 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, 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 sixmonth 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

• 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 Alabama and 

any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the declared-disaster 

area (see DR–4684–AL) seeking to expedite 

action in response to severe winter 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 

Emergency Assistance Act (Stafford Act), 

DR–4684–AL, dated January 15, 2023, as may 

be amended (the ‘‘Alabama 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: February 9, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe winter storms, straight-line 

winds, and tornadoes that hit Alabama on 

January 12, 2023. As a result of substantial 

property loss and destruction, many 

individuals and families residing in the 

Alabama 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 lowand moderate-income residents affected by 

the property loss and destruction resulting 

from this event. 

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. 

• Regulation: 24 CFR 91.105(c)(2) and (k); 

24 CFR 91.115(c)(2) and (i). 

Project/Activity: The State of Alabama and 

any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the Alabama declareddisaster areas (see DR–4684–AL) seeking to 

expedite action in response to severe winter 

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 Alabama declareddisaster 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: February 9, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe winter 

storms, straight-line winds, and tornadoes 

that hit Alabama on January 12, 2023. As a 

result of substantial property loss and 

destruction, many individuals and families 

residing in the Alabama 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. 

• 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 

Alabama severe winter 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: February 9, 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 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71447 

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 winter storms, 

straight-line winds, and tornadoes. The 

waiver will allow CDBG grantees, including 

grantees providing assistance to evacuees 

outside the Alabama declared-disaster areas, 

to pay for the basic daily needs of individuals 

and families affected by the severe winter 

storms, straight-line winds, and tornadoes 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 sixmonth 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

• 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 Mississippi 

and any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the declared-disaster 

area (see DR–4697–MS) seeking to expedite 

action in response to severe winter 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 

Emergency Assistance Act (Stafford Act), 

DR–4697–MS, dated March 26, 2023, as may 

be amended (the ‘‘Mississippi declareddisaster 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: March 30, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe winter storms, straight-line 

winds, and tornadoes that hit Mississippi on 

March 24–25, 2023. As a result of substantial 

property loss and destruction, many 

individuals and families residing in the 

Mississippi 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 lowand moderate-income residents affected by 

the property loss and destruction resulting 

from this event. 

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. 

• Regulation: 24 CFR 91.105(c)(2) and (k); 

24 CFR 91.115(c)(2) and (i). 

Project/Activity: The State of Mississippi 

and any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the Mississippi 

declared-disaster areas (see DR–4697–MS) 

seeking to expedite action in response to 

severe winter 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 Mississippi 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: March 30, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe winter 

storms, straight-line winds, and tornadoes 

that hit Mississippi on March 24–25, 2023. 

As a result of substantial property loss and 

destruction, many individuals and families 

residing in the Mississippi 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. 

• 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 

Mississippi severe winter storms, straightline 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: March 30, 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 winter storms, 

straight-line winds, and tornadoes. The 

waiver will allow CDBG grantees, including 

grantees providing assistance to evacuees 

outside the Mississippi declared-disaster 

areas, to pay for the basic daily needs of 

individuals and families affected by the 

severe winter storms, straight-line winds, and 

tornadoes 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 sixmonth 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, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

II. Regulatory Waivers Granted by the Office 

of Housing—Federal Housing 

Administration (FHA) 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

• Regulation: 24 CFR 200.73(c), Property 

Development, 2023. 

Project/Activity: Wasmver Apartments, 

Mount Vernon, Ohio, Project No. 043–11318. 

Nature of Requirement: 24 CFR 200.73(c). 

(c) The improvements shall constitute a 

single project. Not less than five rental 

dwelling units or personal care units, 20 

medical care beds, or 50 manufactured home 

pads, shall be on one site, except that such 

limitations do not apply to group practice 

facilities. However, Chapter 3, Section 3.1.30 

of the MAP Guide permits a project with two 

or more noncontiguous parcels of land when 

the parcels comprise one marketable, 

manageable real estate entity, provided each 

site contains at least five (5) rental dwelling 

units. 

The lender, Orix Real Estate Capital, LLC, 

has applied for mortgage insurance under the 

Section 223(f) program to refinance the 

project, Wasmver Apartments, with moderate 

renovation of approximately $95,261 ($7,216 

per unit). The property is in Knox County in 

Mount Vernon, Ohio and is comprised of 

thirteen (13) affordable units within three (3) 

buildings located on two (2) noncontiguous 

sites approximately 3⁄4 miles apart. One site 


ddrumheller on DSK120RN23PROD with NOTICES3
71448 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

has two (2) of the three (3) buildings with 

five (5) units each, but the other site has one 

(1) building with only three (3) units. 

Granted By: Julia R. Gordon, Assistant 

Secretary Office of Housing-Federal Housing 

Administration. 

Date Granted: February 21, 2023. 

Reason Waived: The project was originally 

approved and constructed under the Section 

202 program as one project, and the two (2) 

sites have been operated as one marketable 

and manageable real estate entity with 

management and operations under one 

management office for the past 30 years. The 

project has historic occupancy of 95% 

annually. The existing Regulatory Agreement 

on the project restricts tenancy to seniors 

aged 62+ and mobility impaired residents. 

The project is 100% Project-Based Section 8 

rental assistance under a 20-year HAP 

Contract (which expires on 8/31/2036) and 

therefore meets HUD’s requirements for 

flexibility for scattered sites (See, MAP 

Guide, Chapter 3, Section 3.1.30.C.7). The 

waiver will meet HUD’s goal of preserving 

and maintaining affordable rental housing for 

low-income families. 

Contact: Willie Fobbs III, Director, Office of 

Multifamily Production, HTD, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 6134, Washington, 

DC 20410, telephone (202) 402–6257. 

• Regulation: 24 CFR 200.73(c). 

Project/Activity: Talmage-Oakland 

Portfolio, Minneapolis, Minnesota, Project 

No. 092–35886. 

Nature of Requirement: 24 CFR 200.73(c). 

(c) The improvements shall constitute a 

single project. Not less than five rental 

dwelling units or personal care units, 20 

medical care beds, or 50 manufactured home 

pads, shall be on one site, except that such 

limitations do not apply to group practice 

facilities. However, Chapter 3, Section 3.1.30 

of the MAP Guide permits a project with two 

or more contiguous parcels of land when the 

parcels comprise one marketable, manageable 

real estate entity, provided each site contains 

at least five (5) units. 

The lender, Colliers Mortgage, LLC, 

proposes to finance the Talmage-Oakland 

Portfolio project with a loan insured 

pursuant to the Section 221(d)(4) Substantial 

Rehabilitation program to finance much 

needed repairs and physical improvements of 

the project. The project is in Minneapolis, 

Minnesota and is comprised of 57 total 

affordable units. The subject property, 

comprised of 16 buildings, is located on 13 

parcels, which are clustered on five (5) noncontiguous sites. Four (4) of the 13 parcels 

have only two (2) to four (4) units. This 

project is 100% Section 8, and will be 

covered by a single Low-Income Housing Tax 

Credit Land Use Restrictive Agreement 

(LIHTCLURA) restricting the units to 

residents earning 60% Area Median Income 

(AMI). 

Granted By: Julia R. Gordon, Assistant 

Secretary Office of Housing-Federal Housing 

Administration. 

Date Granted: February 27, 2023. 

Reason Waived: Colliers Mortgage, LLC, 

submitted application for mortgage insurance 

under the Section 221(d)(4) Substantial 

Rehabilitation program to finance the 

project’s, Talmage-Oakland Portfolio, 

approximately $7,410,000 ($130,000 per unit) 

planned repairs. The property will be owned 

and managed by a non-profit organization 

that has developed and owned over 50 

properties with more than 4,500 affordable 

units. The non-profit organization also has 

extensive experience with HUD and has 

previously completed multiple in-place 

rehabilitation through FHA loans. As a 100% 

Section 8 project, it meets HUD’s 

requirements for flexibility for scattered sites 

(See, MAP Guide, Chapter 3, Section 

3.1.30.C.7). The FHA transaction will address 

much-needed repairs and replacements that 

will help preserve this affordable housing for 

the community. 

Contact: Willie Fobbs III, Director, Office of 

Multifamily Production, HTD, Office of 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

6134, Washington, DC 20410, telephone (202) 

402–6257. 

• Regulation: 24 CFR 206.113 Late charge 

and interest. 

Project/Activity: Temporary, Partial Waiver 

of required late charges and interest for past 

due mortgage insurance premiums (MIP). 

Nature of Requirement: 24 CFR 206.113 

Late Charge and Interest, under Mortgage 

Insurance Premiums under Subpart B— 

Eligibility; Endorsement of 24 CFR part 206 

Home Equity Conversion Mortgage 

Insurance, stipulates initial MIP remitted to 

the Commissioner more than five days after 

the payment date in § 206.111(a) and 

monthly MIP remitted to the Commissioner 

more than five days after the payment date 

in § 206.111(b) shall include a late charge of 

four percent of the amount owed. 24 CFR 

206.113(b) also requires mortgagees pay 

interest on any initial MIP remitted to the 

Commissioner more than 20 days after 

closing, and interest on any monthly MIP 

remitted to the Commissioner more than five 

days after the payment date prescribed in 

§ 206.111(b). 

Granted By: Julia R. Gordon, Secretary for 

Housing—Federal Housing Commissioner. 

Date Granted: January 10, 2023. 

Reason Waived: Reverse Mortgage Funding 

LLC (RMF) filed for Chapter 11 bankruptcy 

on November 30, 2022 and did not provide 

for timely payment of their December 2022 

Mortgage Insurance Premium (MIP) 

obligation, resulting in late charges and 

interest being assessed. This partial waiver of 

required late charges and interest for past due 

MIP was issued for FHA-approved 

mortgagees accepting transfer of those Home 

Equity Conversion Mortgages (HECMs) for 

which RMF failed to timely pay MIP to the 

Federal Housing Administration, resulting in 

the accrual of late charges and interest. 

Without this waiver, HECM servicers of the 

RMF portfolio would not have been able to 

submit claims and thereby would have 

increased the instability of the HECM 

program that was made worse through the 

RMF bankruptcy. The waiver relinquished 

the requirement for RMF Transferees to pay 

December 2022 late charges and interest for 

late payment of MIP in December for RMF 

HECMs. 

Contact: Graham Mayfield, Acting Director, 

Office of Single Family Asset Management, 

Office of Housing, Department of Housing 

and Urban Development, 451 Seventh Street 

SW, Room 9172, Washington, DC 20410, 

telephone (202) 768–2838 or 

graham.b.mayfield@hud.gov. 

• Regulation: 24 CFR 214.300(a)(3). 

Project/Activity: The renewal of this partial 

waiver continues to provide temporary 

removal of the requirement that housing 

counseling agencies participating in HUD’s 

Housing Counseling Program provide inperson housing counseling services to clients 

that prefer this format, but still allow housing 

counseling agencies to utilize alternative 

methods of providing counseling to clients. 

The renewal of this partial waiver will be in 

effect through December 31, 2023. 

Nature of Requirement: 24 CFR 

214.3009(a)(3) requires that all agencies 

participating in HUD’s Housing Counseling 

Program that provide services directly to 

clients must provide in person counseling to 

clients that prefer this format. 

Granted By: Julia Gordon, Assistant 

Secretary for Housing/Federal Housing 

Commissioner. 

Date Granted: March 8, 2023. 

Reason Waived: The renewal of this partial 

waiver is required because the Department 

recognizes that there continues to be a 

demand for housing counseling services but 

clients and counselors may remain hesitant 

to provide in-person counseling as a result of 

continued concerns related to COVID–19, 

Respiratory Syncytial Virus (RSV), and 

increasing rates of seasonal influenza. This 

renewal of this partial waiver allows 

participating agencies to provide continuous 

services in a format other than in-person 

without violating the requirements of 24 CFR 

214.300(a)(3). 

Contact: David Valdez, Office of Housing 

Counseling, Office of Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 550, Washington, 

DC 20410, telephone (713) 718–3178. 

III. Regulatory Waivers Granted by the 

Office of Public and Indian Housing 

• For further information about the 

following regulatory waivers, please see the 

name of the contact person that immediately 

follows the description of the waiver granted. 

• Regulation: 24 CFR 5.801(d)(1) and 24 

CFR 902.62. 

Project/Activity: Housing Authority of the 

City of Frederick (MD003). 

Nature of Requirement: The regulation 

establishes certain reporting compliance 

dates. The audited financial statements are 

required to be submitted to the Real Estate 

Assessment Center (REAC) no later than nine 

months after the housing authority’s (HA) 

fiscal year end FYE March 31, 2022, in 

accordance with the Single Audit Act and 

OMB Circular A–133. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 17, 2023. 

Reason Waived: The Housing Authority of 

the City of Frederick provided the requested 

financial information to its auditor in 

preparation for its audit. However, on 

November 2, 2022, the audit firm notified the 

Housing Authority (HA) it could not begin 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71449 

the audit until mid-December due to 

previous extensions of audit due dates during 

the COVID–19 pandemic. The HA believes 

this is not adequate time to complete its audit 

by the December 31, 2022, due date. Pursuant 

to 24 CFR 5.110, the request to extend the 

submission due date and waive 24 CFR 

5.801(d)(1) and 24 CFR 902.62 (a)(3) is 

approved, as the reason provided is 

considered good cause for a waiver. 

Therefore, the HA is granted an additional 

ninety days from the due date of December 

31, 2022. The HA has until March 31, 2023, 

to complete and submit its FYE March 31, 

2022, audited financial information to the 

Department without receiving an LPF. 

Contact: Lara Philbert, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 475– 

8930. 

• Regulation: 24 CFR 902.33 and 24 CFR 

902.64. 

Project/Activity: Crisfield Housing 

Authority (MD009). 

Nature of Requirement: The regulation 

establishes certain reporting compliance 

dates. The audited financial statements are 

required to be submitted to the Real Estate 

Assessment Center (REAC) no later than nine 

months after the housing authority’s (HA) 

fiscal year end FYE March 31, 2022, in 

accordance with the Single Audit Act and 

OMB Circular A–133. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 17, 2023. 

Reason Waived: The HA contends it could 

not meet the reporting deadline due to 

circumstances beyond its control. As a result 

of its accountant’s retirement at the end of 

March 2022, the HA’s staff needed help 

providing timely financial information to the 

auditor. Due to the CARES Act extension, the 

FY2021 audit was extended, and the HA and 

its auditor worked together to complete 

FY2021 and begin FY22. Subsequently, the 

audit firm withdrew its engagement on July 

18, 2022. The HA immediately contacted 

several firms to procure audit services; 

however, with the COVID–19 pandemic and 

a significant backlog, most auditors were 

unwilling to take on the HA’s FY21 and FY22 

audits and complete them on time. The HA 

contends it has found an audit firm to do the 

work but will need six months to complete 

it. Under 24 CFR 5.110, there is good cause 

to waive the reporting compliance deadlines 

under 24 CFR 902.33 and 24 CFR 902.64. The 

circumstance preventing the Agency from 

submitting its audited financial information 

is acceptable. Therefore, Crisfield Housing 

Authority is granted an additional six months 

from the extended due date of December 31, 

2022. The HA has until June 30, 2023, to 

complete and submit its FYE March 31, 2022, 

audited financial information to the 

Department. 

Contact: Lara Philbert, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 475– 

8930. 

• Regulation: 24 CFR 905.300(b)(1). 

Project/Activity: Woonsocket Housing 

Authority/ESSG. 

Nature of Requirement: The Capital Fund 

Regulations at 24 CFR 905.300 require certain 

annual submissions by the public housing 

authority (PHA). One of the requirements is 

the submission of the CFP 5-Year Action Plan 

which describes the capital improvements to 

be undertaken within the 5-year period. The 

5-Year Action Plan allows the Department of 

Housing and Urban Development (HUD) to 

monitor the PHA’s use of Capital Funds 

ensuring that Capital Funds are not used for 

ineligible purposes and that the PHA is 

efficiently using these funds. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 6, 2023. 

Reason Waived: WHA received a Fiscal 

Year 2021 Emergency Safety and Security 

grant (ESSG) for the purchase of security 

cameras. WHA did not include security 

cameras in the CFP 5-Year Action Plan in the 

Energy and Performance Information Center 

(EPIC). Consequently, WHA was notified by 

HUD that the grant would be recaptured. 

WHA’s letter identified extenuating 

circumstance such as the termination of the 

previous executive director, who executed 

the CFP grant amendment but did not amend 

the 5-Year Action Plan. However, WHA 

correctly completed the tasks required to 

obligate the grant including signing and 

uploading the Annual Contributions Contract 

Amendment to EPIC and, on August 18, 

2022, the WHA Board of Commissioners 

unanimously approved the award of the 

ESSG contract in an amount not-to-exceed 

the approved grant amount of $244,188 to 

Sentrillion, a responsive bidder in the best 

interest of the PHA. 

Contact: David Fleischman, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

2071. 

• Regulation: 24 CFR 982.161(a)(1). 

Project/Activity: The Klamath Housing 

Authority (KHA) is requesting a waiver of 24 

CFR 982.161(a)(1), which requires a PHA not 

to enter into any contract or arrangement in 

connection with the HCV program in which 

any present or former member or officer of 

the PHA has interest, direct or indirect. 

Nature of Requirement: The regulation at 

24 CFR 982.161(c), and the HAP contract, 

allows the conflict of interest to be waived 

by the Department of Housing and Urban 

Development (HUD) for good cause. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: January 24, 2023. 

Reason Waived: Based on the 

circumstances of this request, HUD finds that 

there is good cause to waive, and pursuant 

to 24 CFR 5.110, HUD hereby waives 24 CFR 

982.161(a) to allow the KHA to continue its 

existing HAP contract with Stephanie Hirche, 

for the unit specified in your waiver request. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 982.161(a)(1). 

Project/Activity: The waiver would allow 

AHA to enter into an employment contract 

with Mr. Julio Guridy as Executive Director 

within 12 months of his tenure as a member 

of the Board of Directors. 

Nature of Requirement: Public Housing 

conflict of interest waiver requests are 

reviewed and considered under Section 

19(A)(1) of the ACC, which prohibits a Public 

Housing Agency (PHA) from entering into a 

contract, subcontract, or arrangement in 

connection with the administration of its 

Public Housing program where any present 

or former member or officer of the governing 

body has an interest, direct or indirect, 

during his or her tenure or for one year 

thereafter. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: February 6, 2023. 

Reason Waived: The Department has 

considered the information provided in 

support of this request and determined that 

good cause does exist to grant a waiver of 

Section 19(A)(1)(i) of the ACC and CFR 

982.161(a), based on AHA’s search 

committee efforts and Mr. Guridy’s 

qualifications compared to the recommended 

candidates. 

Contact: Erick Wood, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 708– 

0614. 

• Regulation: 24 CFR 982.161(a). 

Project/Activity: The request states Patrick 

Patterson was appointed to the Quorum 

Court as of January 1, 2021 and owns a 

property located at 465 N Monroe St. that is 

currently occupied by an HCV participant 

with a disability. The Quorum Court acts as 

Clay County Housing Department’s (CCHD) 

board of directors, and CCHD seeks the 

waiver so that the HCV participant may 

continue to reside in the unit owned by 

Patrick Patterson and avoid the hardship and 

expense of moving. The request also notes 

the shortage of rental units available in the 

Clay County Arkansas area due to its small 

size (population 14,350) and rural location. 

Nature of Requirement: Any public official, 

member of a governing body, or State or local 

legislators, who exercises functions or 

responsibilities with respect to the programs, 

may not have any direct or indirect interest 

in the Housing Assistance Payments (HAP) 

contract or in any benefits or payments under 

the contract during tenure or one year 

thereafter. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: January 31, 2023. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 982.161(a)(1). 


ddrumheller on DSK120RN23PROD with NOTICES3
71450 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Project/Activity: 24 CFR 982.161(a)(1), 

which states, in part, that any present or 

former member or officer of the public 

housing agency (PHA) (except a participant 

commissioner) may not have any direct or 

indirect interest in the housing assistance 

program (HAP) contract or in any benefits or 

payments under the contract during tenure or 

one year thereafter. The regulation at 24 CFR 

982.161(c), and the HAP contract, allows the 

conflict of interest to be waived by the 

Department of Housing and Urban 

Development (HUD) for good cause. 

Nature of Requirement: Under the tenantbased framework, such individualized 

analysis is made possible because tenantbased HAP contracts cover a single unit, 

occupied by a single family. This 

programmatic characteristic also minimizes 

the potential impact a conflict of interest may 

have on the program. Because Ms. Furneaux 

holds a position as a board member, if the 

regulation is not waived, Ms. Micknick 

would be required to move from the unit they 

have resided in for the past five years in 

order to utilize HCV assistance. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: February 13, 2023. 

Reason Waived: Based on the 

circumstances of this request, HUD finds that 

there is good cause to waive, and pursuant 

to 24 CFR 5.110, HUD hereby waives, 24 CFR 

982.161(a), to allow WCHRA to enter into a 

HAP contract with by Ms. Furneaux, on 

behalf of Ms. Micknick for the unit specified 

in your waiver request. Ms. Furneaux must 

continue to abstain themselves from all 

matters concerning the HAP contract in 

question. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 982.161(a) and 24 

CFR 982.161(c). 

Project/Activity: RPHA’s request states that 

Daniel Pedri was elected to the Rock Springs 

City Council, which acts as the RPHA’s 

board, and officially started the position on 

January 2, 2023. Mr. Pedri is employed by 

Pedri Investments LLC which owns a 

property that is currently occupied by an 

elderly and extremely low-income HCV 

participant with a disability. Pedri 

Investments LLC is owned by Daniel Pedri’s 

father, also a ‘‘covered individual’’. Your 

agency seeks the waiver so that the HCV 

participant may continue to reside in the unit 

owned by Pedri Investments LLC and avoid 

the hardship and expense of moving. The 

request also notes the shortage of rental units 

available in the Rock Springs City, Wyoming 

area due to its small size (population 23,036) 

and rural location. 

Nature of Requirement: Housing Choice 

Voucher (HCV) regulations at 24 CFR 

982.161(a), which states, in part, that any 

public official, member of a governing body, 

or State or local legislators, who exercises 

functions or responsibilities with respect to 

the programs, may not have any direct or 

indirect interest in the Housing Assistance 

Payments (HAP) contract or in any benefits 

or payments under the contract during tenure 

or one year thereafter. The regulation at 24 

CFR 982.161(c), and the HAP contract, allows 

the conflict of interest to be waived by the 

Department of Housing and Urban 

Development (HUD) for good cause. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 2, 2023. 

Reason Waived: While it has been the 

Department’s long-standing position that the 

individual’s intent to recuse himself or 

herself from program determinations is not 

by itself good cause to waive the conflict of 

interest provision, HUD has found good 

cause for this waiver beyond Daniel Pedri’s 

recusal due to the hardship on the existing 

assisted tenant and the lack of available 

rental housing in RPHA’s jurisdiction. 

Nonetheless, the Department finds that 

Daniel Pedri’s recusal is an important 

safeguard to the integrity of administration of 

the RPHA’s HAP contracts, and an essential 

factor in HUD’s consideration of good cause. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 982.207(b)(3) and 24 

CFR 983.251(d). 

Project/Activity: Housing Authority of 

Macon-Bibb County (GA006—MHA) requests 

to waive 24 CFR 982.207(b)(3), which 

prohibits preferences for persons with 

specific disabilities for the Housing Choice 

Voucher (HCV) program, and 24 CFR 

983.251(d), which prohibits preferences for 

persons with specific disabilities for ProjectBased Voucher (PBV) assistance. 

Nature of Requirement: Under a 2010 

Settlement Agreement between the U.S. 

Department of Justice (DOJ) and the State of 

Georgia, Georgia must transition individuals 

living with serious and persistent mental 

illness (SPMI) and developmental disabilities 

into integrated, community-based settings 

while making voluntary supportive services 

available to those individuals. To facilitate 

continued compliance with the Settlement 

Agreement, MHA requests extension of a 

waiver, most recently approved by HUD on 

March 9, 2020, that allows for MHA to 

establish alternate tenant selection 

preferences. The extension approved the 

waiver for an additional three years. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: January 24, 2023. 

Reason Waived: HUD has determined that 

there is good cause to waive program 

regulations of HCV and PBV tenant selection 

preferences to provide an admissions 

preference for persons with SPMI and 

developmental disabilities. HUD hereby 

waives 24 CFR 982.207(b)(3) and 24 CFR 

983.251(d), pursuant to the waiver authority 

provided to HUD at 24 CFR 5.110. 

Contact: Emily Warren, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 708– 

0614. 

• Regulation: 24 CFR 982.503(c)(1), CFR 

982.503(c)(2), 24 CFR.982.503(c)(3), 24 CFR 

982.503(c)(4)(ii). 

Project/Activity: The PHA stated that the 

rents in the area have dramatically increased 

in certain areas and are expected to continue 

an upward trajectory. Additionally, the PHA 

is participating in the Housing Choice 

Voucher (HCV) Mobility Demonstration, 

which requires that participating PHAs adopt 

adequate payment standards in opportunity 

areas. This request updates a previously 

approved request from March 2022 with 

updated data and revised payment standards. 

The MDHA has determined that even at 110 

percent of the fair market rent (FMR), 

payment standards are not adequate, or high 

enough, in opportunity areas. 

Nature of Requirement: 24 

CFR.982.503(c)(3), which is for payment 

standards above 120 percent of the FMR. 

While the MDHA also requested a waiver of 

CFR 982.503(c)(2) for payment standards 

between 110 percent and 120 percent of the 

FMR, HUD has determined that this waiver 

is not necessary as all the requested 

exception payment standards under this 

request exceed 120 percent of FMR. Finally, 

the MDHA also requests a waiver of 24 CFR 

982.503(c)(4)(ii) which requires that the PHA 

have previously adopted an exception 

payment standard for six months prior. HUD 

has also determined that this waiver is not 

necessary, since it has been more than six 

months since HUD approved, and the MDHA 

adopted, the previous exception payment 

standards request in March of 2022. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 2, 2023. 

Reason Waived: In order to achieve the 

goals of the Community Choice 

Demonstration, and to provide access to lowpoverty neighborhoods for families in their 

voucher program, the MDHA needs to 

establish exception payment standards over 

120 percent of the FMR, where justified by 

statistically representative housing survey 

data. Therefore, HUD has determined that 

there is good cause to waive 24 CFR 

982.503(c)(3). Pursuant to the waiver 

authority provided at 24 CFR 5.110, I hereby 

waive 24 CFR 982.503(c)(3). Since the PHA 

has demonstrated they meet all of the 

regulatory requirements at 24 CFR 982.503(c) 

for approval of an exception payment 

standard above 120 percent of the FMR, HUD 

approves the MDHA’s request for an 

exception payment standard. The PHA may 

use this exception payment standard in place 

of the FY23 published FMRs. The PHA may 

submit a new exception payment standard 

request for HUD’s consideration for the FY24 

FMRs. 

Contact: Brendan Goodwin, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 708– 

0614. 

• Regulation: 24 CFR 982.517 and 24 CFR 

983.301(f)(2)(ii)—Waiver Request for PBV 

Utility Allowance Setting. 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71451 

Project/Activity: Pursuant to 24 CFR 5.110 

and Notice PIH 2018–16, the Hawaii Office 

of Housing and Community Development 

(OHCD) has requested a waiver of these 

program regulations to establish a sitespecific utility allowance for Mohouli Senior 

Residences, Phase 3, where OHCD will have 

92 PBV units. 

Nature of Requirement: For the Department 

to consider such a waiver, the public housing 

agency (PHA) should submit: (a) an analysis 

of utility rates for the community; (b) an 

estimate of energy consumption that will take 

place at the newly constructed site; and (c) 

a proposed alternative methodology for 

calculating utility allowances on an ongoing 

basis. The PHA should demonstrate that the 

utility allowance provided under the HCV 

program would either create an undue cost 

on families or discourage conservation and 

efficient use of housing assistance payments 

(HAP). 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: January 23, 2023. 

Reason Waived: The information submitted 

to HUD by OHCD supports its request. The 

OHCD has submitted an analysis of utility 

rates for the community and an estimate of 

the energy consumption that will take place 

at the newly constructed site. Due to the 

energy efficient systems being built at the 

Mohouli Senior Residences, Phase 3, the 

community consumption estimates are 

significantly higher than the consumption 

expected at the site. As such, the standard 

HCV utility allowance would be excessive. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 983.51(b). 

Project/Activity: The HACOO is seeking a 

HUD waiver to allow it to non-competitively 

award Project-Based Vouchers (PBVs) to the 

Marfa Housing Authority (MHA), a Public 

Housing-only PHA that was previously 

approved by the HUD Special Applications 

Center (SAC) to convert 74 public housing 

units to vouchers under a RAD/Section 18 

blend transaction. The MHA plans to have all 

74 vouchers to be administered as projectbased by the HACOO, which the HUD San 

Antonio Office of Public Housing previously 

approved 

Nature of Requirement: Requires a public 

housing agency (PHA) to award project-based 

vouchers (PBVs) through a competitive 

process or based on a previous competition. 

The request, dated November 23, 2022, seeks 

a waiver so that the HACOO can noncompetitively award PBVs to the Marfa 

Housing Authority (MHA). 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: February 17, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, and 

considering the good cause presented due to 

HACOO’s representations regarding the 

limited availability of affordable housing 

stock in the City of Marfa, HUD hereby 

waives 24 CFR 983.51(b) so that HACOO may 

select Public Housing Development 

TX318000001 for an award PBVs without 

following a competitive process. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 983.51 (b)(2). 

Project/Activity: LACDA is requesting a 

waiver of the federal regulation at 24 CFR 

983.51 (b)(2) to allow the LACDA to continue 

committing Project-Based Veterans Affairs 

Supportive (VASH) vouchers 

noncompetitively to the U.S. Department of 

Veterans Affairs (VA) Campus development 

by accepting the Enhanced-Use Lease award 

by the VA as a valid prior competition 

without expiration. 

Nature of Requirement: This regulation 

states that the Public Housing Authority 

(PHA) may select, without competition, a 

proposal for housing assisted under a federal, 

state, or local government housing assistance, 

community development, or supportive 

services program that required competitive 

selection of proposals (e.g., HOME, and units 

for which competitively awarded low-income 

housing tax credits (LIHTCs) have been 

provided), where the proposal has been 

selected in accordance with such program’s 

competitive selection requirements within 3 

years of the Project-Based Vouchers (PBV) 

proposal selection date, and the earlier 

competitively selected housing assistance 

proposal did not involve any consideration 

that the project would receive PBV 

assistance. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: February 22, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, HUD has 

determined that there is good cause to waive, 

and HUD hereby waives, 24 CFR 983.51(b)(2) 

to allow the LACDA to continue committing 

Project-Based VASH vouchers 

noncompetitively to the VA Campus 

development by considering the EnhancedUse Lease award by the VA as a valid prior 

competition through the end of calendar year 

2023. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 983.51(b). 

Project/Activity: The District of Columbia 

Housing Authority (DCHA) selection of 

Friendship Terrace for project-based voucher 

(PBV) assistance without undergoing a 

competitive process or based on a previous 

competition. 

Nature of Requirement: The regulation at 

24 CFR 983.51(b) provides that the public 

housing agency (PHA) must select PBV 

proposals either through a competitive 

process or based on a competition for other 

assistance the project is receiving, provided 

the project was competitively selected for 

that other assistance within 3 years of the 

PBV proposal selection date and the 

competitively selected housing assistance 

proposal did not involve any consideration 

that the project would receive PBV assistance 

in the future. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 27, 2023. 

Reason Waived: The DCHA received an 

allocation of 140 enhanced vouchers as the 

result of a HUD Multifamily Housing 

conversion action under section 536 of the 

Preserving Affordable Housing for Senior 

Citizens and Families into the 21st Century 

Act (Pub. L. 106–74). Section 536 provides 

that any project that receives or has received 

assistance under the Flexible Subsidy 

Program and is the subject of a transaction 

under which the project is preserved as 

affordable housing (as determined by HUD) 

shall be considered eligible low-income 

housing under section 229 of the LowIncome Housing Preservation and Resident 

Homeownership Act of 1990 (LIHPRHA) for 

tenant-based enhanced voucher rental 

assistance. The owner and the DCHA are 

seeking to convert the tenant-based 

assistance to PBV assistance pursuant to 

Notice PIH 2013–27, under which families 

have voluntarily agreed to relinquish their 

enhanced voucher assistance for PBV 

assistance. The requested waiver is critical to 

preserving affordable housing in the 

Tenleytown neighborhood of Northwest 

Washington, DC, which has limited 

affordable housing. Without approval of this 

waiver request, the project will not be able 

to close, putting this much-needed affordable 

housing resource at-risk. Allowing the DCHA 

to select Friendship Terrace ensures that the 

transaction to preserve the property as 

affordable housing will be realized and this 

property will remain an affordable housing 

resource in the community. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 983.53(d), 

983.152(c), and 983.153(c). 

Project/Activity: DHCD is seeking approval 

from HUD on behalf of its developer, 

Covenant Commonwealth Corporation (CCC), 

to permit CCC to proceed with necessary 

environmental remediation, demolition, and 

relocation work prior to entering into an 

Agreement to enter into a Housing Assistance 

Payment Contract (AHAP). 

Nature of Requirement: As stated in the 

request, DHCD began a planning process to 

redevelop a public housing development 

located at 1185 River Street, 1191–1203 River 

Street, and 12 Central Avenue located in 

Boston, Massachusetts in the Hyde Park 

section of Boston over a period of time. To 

avoid the long-term displacement of 

impacted residents, the public housing units 

on site are scheduled to be demolished in 

phases. The developer is set to commence the 

development of 63 units, including eight that 

DHCD intends to cover by a PBV contract. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 


ddrumheller on DSK120RN23PROD with NOTICES3
71452 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Date Granted: March 1, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110 and 

considering the good cause presented, HUD 

hereby waives 24 CFR 983.53(d), 983.152(c), 

and 983.153(c) permitting CCC to begin the 

demolition remediation activities specified in 

the demolition services agreement, prior to 

entering an AHAP with DCHD. However, 

even with the granting of this waiver request, 

until an AHAP is executed with DHCD, no 

work beyond what has been identified in this 

request may be performed; and all activities 

must be performed in compliance with the 

same Federal requirements that would apply 

if an AHAP were in place, including DavisBacon prevailing wage requirements. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 983.53(d) 983.152(c), 

and 983.153(c). 

Project/Activity: FCRHA is seeking 

approval from the Department of Housing 

and Urban Development (HUD) on behalf of 

its developer, Arlington Partnership for 

Affordable Housing (APAH), to permit APAH 

to proceed with necessary environmental 

remediation, demolition, and utility 

relocation work prior to entering into an 

AHAP. 

Nature of Requirement: 24 CFR 983.53(d) 

983.152(c), and 983.153(c), which prohibit a 

public housing agency (PHA) from executing 

an Agreement to Enter into a Housing 

Assistance Payment (AHAP) contract and 

attaching Project-Based Voucher (PBV) 

assistance to units if construction or 

rehabilitation has commenced after proposal 

submission. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 15, 2023. 

Reason Waived: Due to the scale and 

schedule for this early utility work, the 

FCRHA is requesting a good cause waiver of 

the regulations at § § 983.53(d) 24 CFR 

983.152(c) and 983.153(c) that will allow 

APAH to commence the utility relocation 

work after completion of the Environmental 

Review, but before completion of the Subsidy 

Layering Review (SLR) and execution of the 

AHAP. Allowing the utility relocation work 

to proceed before the AHAP is executed will 

allow for the completion of the new housing 

faster and before changes in the economy 

could render the phases unfinanceable, 

therefore prolonging the lack of affordable 

housing units within the community. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 983.205(b). 

Project/Activity: The context for THA’s 

waiver request is a redevelopment effort 

involving the acquisition and renovation of 

an existing PBV project that will include a 

Rental Assistance Demonstration (RAD) PBV 

conversion of 96 public housing units. THA 

is requesting a waiver to allow a 20-year 

contract extension to be executed for the 

Belmont Phase III PBV HAP contract earlier 

than the regulations provide. 

Nature of Requirement: This regulation 

states that extensions after the initial 

extension are allowed at the end of any 

extension term provided that, not more than 

24 months prior to the expiration of the 

previous extension contract, the public 

housing agency (PHA) agrees to extend the 

term. The extension must be appropriate to 

continue to provide affordable housing for 

low-income families or to expand housing 

opportunities. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: March 6, 2023. 

Reason Waived: Consistent with PIH 

Notice 2017–21, THA could extend this 

contract until February 1, 2036, without any 

waiver. Please see Attachment G, Scenario 3 

of the Notice. However, for a 20-year 

extension (which will run from February 

2026 until February 2046) to be entered into 

prior to February 1, 2024, a waiver of 24 CFR 

983.205(b) is required. The owners of 

Belmont Heights Phase III need this waiver 

because they are working with a lender and 

investor to refinance the development using 

tax-exempt bonds and Low-Income Housing 

Tax Credits. The refinancing is necessary to 

address physical needs at the property and to 

preserve long-term affordability. Ultimately, 

the waiver will facilitate the renovation and 

development of this important project. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

• Regulation: 24 CFR 985.101(a). 

Project/Activity: FHA has been 

understaffed due to COVID–19 and recently 

hired a new Executive Director. FHA notes 

that these issues will impact its ability to 

compile the necessary data required to 

complete its SEMAP submission timely. 

Therefore the FHA needs an extension to 

allow time to collect the necessary data. 

Nature of Requirement: This regulation 

states that a public housing agency (PHA) 

must submit the Department of Housing and 

Urban Development (HUD) required SEMAP 

certification form within 60 calendar days 

after the end of its fiscal year. The PHA’s 

fiscal year ended on September 30, 2022; the 

SEMAP certification was due on or before 

November 29, 2022. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: January 24, 2023. 

Reason Waived: Due to these 

circumstances, HUD has determined, 

pursuant to the waiver authority provided at 

24 CFR 5.110, that there is good cause to 

waive, and HUD hereby waives, 24 CFR 

985.101(a) to permit the FHA to submit its 

SEMAP certification after the deadline for its 

fiscal year ending September 30, 2022. 

Contact: Michelle Daniels, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

6051. 

• Regulation: 24 CFR 985.101(a). 

Project/Activity: The Housing Authority of 

the City of Perth Amboy requesting a waiver 

of the requirements of 24 CFR 985.101(a), 

requiring the SEMAP certification to be 

submitted within 60 calendar days after the 

end of their fiscal year, along with their 

justification for ‘‘good cause’’. 

Nature of Requirement: Title 24 CFR 

985.101(a) states that a public housing 

agency (PHA) must submit the Department of 

Housing and Urban Development (HUD) 

required Section Eight Management 

Assessment Program (SEMAP) certification 

form within 60 calendar days after the end 

of its fiscal year. The PAHA’s fiscal year ends 

on March 31, 2022, and its SEMAP 

certification was due on or before May 30, 

2022. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: February 22, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, that 

there is good cause to waive, HUD waives 24 

CFR 985.101(a) to permit the PAHA to 

submit its SEMAP certification after the 

deadline for its fiscal year ending March 31, 

2022. 

Contact: Michelle Daniels, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone (202) 402– 

6051. 

• Regulation: 24 CFR 985.101(a) and 24 

CFR 985.105(a)(1). 

Project/Activity: The regulations at CFR 

985.101(a) provide that a public housing 

agency (PHA) must submit the Department of 

Housing and Urban Development (HUD) 

required Section Eight Management 

Assessment Program (SEMAP) certification 

form within 60 calendar days after the end 

of its fiscal year. 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. 

Nature of Requirement: The UCHA waiver 

request states that the disruption of COVID– 

19 and the impact that it had specifically on 

the agency justifies this waiver. UCHA states 

that completing inspections and briefings 

were difficult because of the COVID–19 

pandemic. UCHA closed several times (for 

two weeks each occasion) during the 

pandemic, in addition to experiencing staff 

turnovers. The Executive Director retired in 

early 2021, due to his declining health, the 

inspector left in April 2022, and the Section 

Eight Program Director left without notice in 

September 2022. The UCHA is in rural 

Oregon and has struggled to recruit staff in 

general, especially experienced individuals. 

The UCHA received an overall rating score as 

High performer on its prior SEMAP 

certifications in 2019, Standard in 2018, and 

High in 2017. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71453 

Date Granted: March 15, 2023. 

Reason Waived: Therefore, HUD has 

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 

985.101(a) to permit UCHA to submit its 

SEMAP certification after the deadline for its 

fiscal year ending December 31, 2022. The 

new submission deadline is May 1, 2023. 

Contact: Michelle Daniels, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 Seventh Street SW, 

Washington, DC 20410, telephone 202–402– 

6051. 

• Regulation: 24 CFR 990.145(b) Public 

housing dwelling units with approved 

vacancies. 

Project/Activity: 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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

City of Daytona Beach ............. 2/7/2023 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 5.801 Uniform 

Financial Reporting. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of San Juan .......... 1/5/2023 

Municipality of Salinas .............. 1/24/2023 

Municipality of Hormigueros ..... 1/24/2023 

City of Daytona Beach ............. 2/7/2023 

Lee County Housing Authority 2/7/2023 

Municipality of Gurabo .............. 2/16/2023 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 902 Public Housing 

Assessment. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

City of Daytona Beach ............. 2/7/2023 

• Regulation: 24 CFR 905.322(b) Fiscal 

Closeout. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Hormigueros ..... 1/24/2023 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 905.314(b)–(c) (Cost 

and Other Limitations; Maximum Project 

Cost; TDC Limit). 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 905.314(j) (Cost and 

Other Limitations; Types of Labor). 

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 


ddrumheller on DSK120RN23PROD with NOTICES3
71454 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410–5000, or email 

to PIH_Disaster_Relief@hud.gov. 

PHA Date 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 905.400(i)(5) Capital 

Fund Formula Need for Projects with Demo 

or Dispo. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh St. SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Puerto Rico PHA ...................... 1/13/2023 

• Regulation: 24 CFR 960.202(c)(1) Tenant 

Selection Policies. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Hormigueros ..... 1/24/2023 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of San Juan .......... 1/5/2023 

• Regulation: 24 CFR 982.206(a)(2) 

Waiting List; Opening and Closing; Public 

Notice. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

PHA Date 

Municipality of Cidra ................. 1/5/2023 

Municipality of Caguas ............. 1/5/2023 

Municipality of Mayaguez ......... 1/5/2023 

Municipality of Guaynabo ......... 1/5/2023 

Municipality of Humacao .......... 1/24/2023 

Municipality of Gurabo .............. 2/16/2023 

• Regulation: 24 CFR 982.503(c) (HUD 

approval of exception payment standard 

amount). 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh St. SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of Caguas ............. 1/5/2023 

Municipality of Mayaguez ......... 1/5/2023 

Municipality of Guaynabo ......... 1/5/2023 

Municipality of Ponce ............... 1/5/2023 

Municipality of San Juan .......... 1/5/2023 

Municipality of Carolina ............ 1/5/2023 

Municipality of Bayamon .......... 1/5/2023 

City of Daytona Beach ............. 2/7/2023 

Municipality of Trujillo Alto ........ 1/24/2023 

• Regulation: 24 CFR 982.401(d) Housing 

Quality Standards; Space and Security. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71455 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Hormigueros ..... 1/24/2023 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of San Juan .......... 1/5/2023 

Municipality of Humacao .......... 1/24/2023 

Municipality of Gurabo .............. 2/16/2023 

• Regulation: 24 CFR 982.633(a) 

Occupancy of Home. 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of Gurabo .............. 2/16/2023 

Municipality of Humacao .......... 1/24/2023 

Municipality of San Juan .......... 1/5/2023 

• Regulation: 24 CFR 984.303(d) Contract 

of Participation: Contract Extension. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of San Juan .......... 1/5/2023 

Municipality of Carolina ............ 1/5/2023 

• Regulation: 24 CFR 985 (SEMAP). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Hormigueros ..... 1/24/2023 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of Cidra ................. 1/5/2023 

Municipality of Caguas ............. 1/5/2023 

Municipality of Mayaguez ......... 1/5/2023 

PHA Date 

Municipality of Guaynabo ......... 1/5/2023 

Municipality of Humacao .......... 1/24/2023 

Municipality of Ponce ............... 1/5/2023 

Municipality of San Juan .......... 1/5/2023 

Municipality of Carolina ............ 1/5/2023 

Municipality of Salinas .............. 1/24/2023 

Municipality of Adjuntas ............ 1/30/2023 

City of Daytona Beach ............. 2/7/2023 

Municipality of Gurabo .............. 2/16/2023 

• Regulation: Notice PIH 2018–24, Section 

8(c) Verification of Social Security Notice 

(SSN). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Municipality of Cayey ............... 1/24/2023 

Puerto Rico PHA ...................... 1/13/2023 

Municipality of Guaynabo ......... 1/5/2023 

Municipality of Humacao .......... 1/24/2023 

Municipality of San Juan .......... 1/5/2023 

Municipality of Bayamon .......... 1/5/2023 

Municipality of Gurabo .............. 2/16/2023 

City of Daytona Beach ............. 2/7/2023 

• Regulation: 24 CFR 970.15(b)(1)(ii) 

Specific Criteria for HUD Approval of Demo 

Request. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 


ddrumheller on DSK120RN23PROD with NOTICES3
71456 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Puerto Rico PHA ...................... 1/13/2023 

City of Daytona Beach ............. 2/7/2023 

• Regulation: 24 CFR 970.15(b)(2) Specific 

Criteria for HUD Approval of Demo Request. 

Project/Activity: 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 (Docket No. FR–6301–N– 

01). 

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 

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, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Disaster_Relief@hud.gov. 

PHA Date 

Puerto Rico PHA ...................... 1/13/2023 

Extended Streamlined Waivers/Regulation 1 

• 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 

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. 

Date Granted: First Quarter of 2023. 

Contact: Tesia Anyanaso, Office of Field 

Operations/Coordination and Compliance 

Division, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410, or email to 

PIH_Expedited_Waivers@hud.gov. 

PHAs Date 

Hope Housing Authority ....................................................................................................................................................................... 3/8/2023 

Polk County Housing Authority ............................................................................................................................................................ 2/7/2023 

Paragould Housing Authority ............................................................................................................................................................... 3/21/2023 

White River Regional Housing Authority ............................................................................................................................................. 2/2/2023 

County of Monterey Hsg Auth ............................................................................................................................................................. 2/17/2023 

Center Housing Authority .................................................................................................................................................................... 2/17/2023 

Boulder County Housing Authority ...................................................................................................................................................... 3/31/2023 

County of Hawaii ................................................................................................................................................................................. 3/1/2023 

City of Sioux City Housing Authority ................................................................................................................................................... 1/25/2023 

Moline Housing Authority ..................................................................................................................................................................... 3/21/2023 

Fulton County Housing Authority ......................................................................................................................................................... 1/25/2023 

Indianapolis Housing Agency .............................................................................................................................................................. 3/1/2023 

Housing Authority of the City of Charlestown ..................................................................................................................................... 3/21/2023 

Housing Authority of the City of Crawfordsville ................................................................................................................................... 3/8/2023 

Seymour Housing Authority ................................................................................................................................................................. 2/2/2023 

Housing Authority of the City of Noblesville ........................................................................................................................................ 1/4/2023 

Johnson County Housing Authority ..................................................................................................................................................... 3/31/2023 

Cumberland Valley Regional Housing Authority ................................................................................................................................. 1/4/2023 

Housing Authority of East Baton Rouge ............................................................................................................................................. 3/8/2023 

West Springfield Housing Authority ..................................................................................................................................................... 3/8/2023 

Leominster Housing Authority ............................................................................................................................................................. 1/25/2023 

Wicomico County Housing Authority ................................................................................................................................................... 2/7/2023 

Housing Authority of the Town of Easton ........................................................................................................................................... 2/17/2023 

Baltimore County, MD ......................................................................................................................................................................... 1/4/2023 

HRA of Duluth, Minnesota ................................................................................................................................................................... 2/17/2023 

Scotland County Public Hsg Agency ................................................................................................................................................... 1/25/2023 

Phelps County Public Housing Agency ............................................................................................................................................... 2/17/2023 

Housing Authority of the City of High Point ........................................................................................................................................ 2/6/2023 

Williamston Housing Authority ............................................................................................................................................................. 1/17/2023 

Scotts Bluff County Housing Authority ................................................................................................................................................ 3/1/2023 

West Central Nebraska Joint Housing Authority ................................................................................................................................. 3/31/2023 

Housing Authority of the Township of Middleton ................................................................................................................................ 3/16/2023 

Lorain Metropolitan Housing Authority ................................................................................................................................................ 2/2/2023 

Oklahoma Housing Finance Agency ................................................................................................................................................... 2/2/2023 

Reading Housing Authority .................................................................................................................................................................. 2/2/2023 

Clearfield County Housing Authority ................................................................................................................................................... 3/28/2023 

Housing Authority Providence ............................................................................................................................................................. 2/7/2023 

Municipality of Patillas ......................................................................................................................................................................... 3/8/2023 

Housing Authority of the City of Columbia .......................................................................................................................................... 2/7/2023 

Housing Authority of Fort Mill .............................................................................................................................................................. 3/31/2023 


ddrumheller on DSK120RN23PROD with NOTICES3
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71457 

PHAs Date 

Vermillion Housing And Redevelopment Commission ........................................................................................................................ 3/31/2023 

East Tennessee Human Resource Agency ........................................................................................................................................ 3/16/2023 

Hampton Redevelopment & Housing Authority ................................................................................................................................... 1/25/2023 

Va. Beach Dept. of Hsg & Neighborhood Pres ................................................................................................................................... 3/1/2023 

Housing Authority of Skagit County .................................................................................................................................................... 2/7/2023 

Racine County Housing Authority ....................................................................................................................................................... 3/8/2023 

Kenosha Housing Authority ................................................................................................................................................................. 3/28/2023 

Sawyer County Housing Authority ....................................................................................................................................................... 3/21/2023 

Dodge County Housing Authority ........................................................................................................................................................ 3/28/2023 

Charleston/Kanawha Housing Authority .............................................................................................................................................. 3/28/2023 

Housing Authority of the City of Martinsburg ...................................................................................................................................... 3/8/2023 

Housing Authority of Raleigh County .................................................................................................................................................. 3/28/2023 

Extended Streamlined Waivers/Regulation 2 

• 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. 

Date Granted: First Quarter of 2023. 

Contact: Tesia Anyanaso, Office of Field 

Operations/Coordination and Compliance 

Division, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, Suite 

3180, Washington, DC 20410–5000, or email 

to PIH_Expedited_Waivers@hud.gov. 

PHAs Date 

HA Midland City ................................................................................................................................................................................... 2/17/2023 

Hope Housing Authority ....................................................................................................................................................................... 3/8/2023 

Polk County Housing Authority ............................................................................................................................................................ 2/7/2023 

Paragould Housing Authority ............................................................................................................................................................... 3/21/2023 

White River Regional Housing Authority ............................................................................................................................................. 2/2/2023 

Pulaski County Housing Agency ......................................................................................................................................................... 3/21/2023 

Center Housing Authority .................................................................................................................................................................... 2/17/2023 

Housing Authority of the City of Miami Beach .................................................................................................................................... 2/2/2023 

County of Hawaii ................................................................................................................................................................................. 3/1/2023 

County of Maui .................................................................................................................................................................................... 3/8/2023 

Indianapolis Housing Agency .............................................................................................................................................................. 3/1/2023 

Housing Authority of the City of Crawfordsville ................................................................................................................................... 3/8/2023 

Seymour Housing Authority ................................................................................................................................................................. 2/2/2023 

South Central KS Area Agency on Aging (Cowley Co.) ..................................................................................................................... 3/16/2023 

Housing Authority of Newport .............................................................................................................................................................. 3/8/2023 

Cumberland Valley Regional Housing Authority ................................................................................................................................. 1/4/2023 

Housing Authority of East Baton Rouge ............................................................................................................................................. 3/8/2023 

West Springfield Housing Authority ..................................................................................................................................................... 3/8/2023 

Wicomico County Housing Authority ................................................................................................................................................... 2/7/2023 

Housing Authority of the Town of Easton ........................................................................................................................................... 2/17/2023 

Baltimore County, MD ......................................................................................................................................................................... 1/4/2023 

Phelps County Public Housing Agency ............................................................................................................................................... 2/17/2023 

Whitefish Housing Authority ................................................................................................................................................................ 2/17/2023 

Housing Authority of the City of High Point ........................................................................................................................................ 2/6/2023 

Williamston Housing Authority ............................................................................................................................................................. 1/17/2023 

Scotts Bluff County Housing Authority ................................................................................................................................................ 3/1/2023 

Housing Authority of the Township of Middleton ................................................................................................................................ 3/16/2023 

Cortland Housing Authority .................................................................................................................................................................. 3/16/2023 

Hudson Housing Authority ................................................................................................................................................................... 2/17/2023 

Village of New Hartford ....................................................................................................................................................................... 3/21/2023 

Lorain Metropolitan Housing Authority ................................................................................................................................................ 2/2/2023 

Erie Metropolitan Housing Authority .................................................................................................................................................... 1/17/2023 

Hocking Metropolitan Housing Authority ............................................................................................................................................. 2/2/2023 

Emerald Development and Economic Network ................................................................................................................................... 3/31/2023 

Oklahoma Housing Finance Agency ................................................................................................................................................... 2/2/2023 

Reading Housing Authority .................................................................................................................................................................. 2/2/2023 

Clearfield County Housing Authority ................................................................................................................................................... 3/28/2023 

Housing Authority Providence ............................................................................................................................................................. 3/21/2023 

Municipality of Patillas ......................................................................................................................................................................... 3/8/2023 

Housing Authority of the City of Columbia .......................................................................................................................................... 2/7/2023 

Vermillion Housing And Redevelopment Commission ........................................................................................................................ 3/31/2023 

Murfreesboro Housing Authority .......................................................................................................................................................... 3/21/2023 

East Tennessee Human Resource Agency ........................................................................................................................................ 3/16/2023 

Housing Authority of Odessa ............................................................................................................................................................... 3/8/2023 


ddrumheller on DSK120RN23PROD with NOTICES3
71458 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

PHAs Date 

Panhandle Community Services ......................................................................................................................................................... 2/7/2023 

Housing Authority of the City of Ogden .............................................................................................................................................. 2/7/2023 

Trempealeau County Housing Authority ............................................................................................................................................. 3/16/2023 

Racine County Housing Authority ....................................................................................................................................................... 3/8/2023 

CDA of the City of West Allis .............................................................................................................................................................. 3/28/2023 

Janesville Neighborhood Services ...................................................................................................................................................... 3/16/2023 

Sawyer County Housing Authority ....................................................................................................................................................... 3/21/2023 

Dodge County Housing Authority ........................................................................................................................................................ 3/28/2023 

Wisconsin Housing & Economic Development Authority .................................................................................................................... 3/8/2023 

Charleston/Kanawha Housing Authority .............................................................................................................................................. 3/16/2023 

Housing Authority of the City of Martinsburg ...................................................................................................................................... 3/8/2023 

Clarksburg/Harrison Housing Authority ............................................................................................................................................... 2/17/2023 

Housing Authority of Raleigh County .................................................................................................................................................. 1/17/2023 

[FR Doc. 2023–22603 Filed 10–13–23; 8:45 am] 

BILLING CODE 4210–67–P 


ddrumheller on DSK120RN23PROD with NOTICES3