71402 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6395–N–02] 

Notice of Regulatory Waiver Requests 

Granted for the Second Quarter of 

Calendar Year 2023 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Notice. 

SUMMARY: Section 106 of the Department 

of Housing and Urban Development 

Reform Act of 1989 (the HUD Reform 

Act) requires HUD to publish quarterly 

Federal Register notices of all 

regulatory waivers that HUD has 

approved. Each notice covers the 

quarterly period since the previous 

Federal Register notice. The purpose of 

this notice is to comply with the 

requirements of section 106 of the HUD 

Reform Act. This notice contains a list 

of regulatory waivers granted by HUD 

during the period beginning on April 1, 

2023 and ending on June 30, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this notice, 

contact Aaron Santa Anna, Associate 

General Counsel for Legislation and 

Regulations, Department of Housing and 

Urban Development, 451 7th Street SW, 

Room 10282, Washington, DC 20410– 

0500, telephone 202–708–5300 (this is 

not a toll-free number). HUD welcomes 

and is prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech and communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

please visit: https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

For information concerning a 

particular waiver that was granted and 

for which public notice is provided in 

this document, contact the person 

whose name and address follow the 

description of the waiver granted in the 

accompanying list of waivers that have 

been granted in the second quarter of 

calendar year 2023. 

SUPPLEMENTARY INFORMATION: Section 

106 of the HUD Reform Act added a 

new section 7(q) to the Department of 

Housing and Urban Development Act 

(42 U.S.C. 3535(q)), which provides 

that: 

1. Any waiver of a regulation must be 

in writing and must specify the grounds 

for approving the waiver; 

2. Authority to approve a waiver of a 

regulation may be delegated by the 

Secretary only to an individual of 

Assistant Secretary or equivalent rank, 

and the person to whom authority to 

waive is delegated must also have 

authority to issue the particular 

regulation to be waived; 

3. Not less than quarterly, the 

Secretary must notify the public of all 

waivers of regulations that HUD has 

approved, by publishing a notice in the 

Federal Register. These notices (each 

covering the period since the most 

recent previous notification) shall: 

a. Identify the project, activity, or 

undertaking involved; 

b. Describe the nature of the provision 

waived and the designation of the 

provision; 

c. Indicate the name and title of the 

person who granted the waiver request; 

d. Describe briefly the grounds for 

approval of the request; and 

e. State how additional information 

about a particular waiver may be 

obtained. 

Section 106 of the HUD Reform Act 

also contains requirements applicable to 

waivers of HUD handbook provisions 

that are not relevant to the purpose of 

this notice. 

This notice follows procedures 

provided in HUD’s Statement of Policy 

on Waiver of Regulations and Directives 

issued on April 22, 1991 (56 FR 16337). 

In accordance with those procedures 

and with the requirements of section 

106 of the HUD Reform Act, waivers of 

regulations are granted by the Assistant 

Secretary with jurisdiction over the 

regulations for which a waiver was 

requested. In those cases in which a 

General Deputy Assistant Secretary 

granted the waiver, the General Deputy 

Assistant Secretary was serving in the 

absence of the Assistant Secretary in 

accordance with the office’s Order of 

Succession. 

This notice covers waivers of 

regulations granted by HUD from April 

1, 2023, through June 30, 2023. For ease 

of reference, the waivers granted by 

HUD are listed by HUD program office 

(for example, the Office of Community 

Planning and Development, the Office 

of Fair Housing and Equal Opportunity, 

the Office of Housing, and the Office of 

Public and Indian Housing, etc.). Within 

each program office grouping, the 

waivers are listed sequentially by the 

regulatory section of title 24 of the Code 

of Federal Regulations (CFR) that is 

being waived. For example, a waiver of 

a provision in 24 CFR part 58 would be 

listed before a waiver of a provision in 

24 CFR part 570. 

Where more than one regulatory 

provision is involved in the grant of a 

particular waiver request, the action is 

listed under the section number of the 

first regulatory requirement that appears 

in 24 CFR and that is being waived. For 

example, a waiver of both § 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 second quarter of calendar year 

2023) before the next report is published 

(the third quarter of calendar year 2023), 

HUD will include any additional 

waivers granted for the second quarter 

in the next report. 

Accordingly, information about 

approved waiver requests pertaining to 

HUD regulations is provided in the 

Appendix that follows this notice. 

Damon Y. Smith, 

General Counsel. 

Appendix 

Listing of Waivers of Regulatory 

Requirements Granted by Offices of the 

Department of Housing and Urban 

Development April 1, 2023 Through June 30, 

2023 

Note to Reader: More information about 

the granting of these waivers, including a 

copy of the waiver request and approval, may 

be obtained by contacting the person whose 

name is listed as the contact person directly 

after each set of regulatory waivers granted. 

The regulatory waivers granted appear in 

the following order: 

I. Regulatory waivers granted by the Office of 

Community Planning and Development 

II. Regulatory waivers granted by the Office 

of Public and Indian Housing 

I. Regulatory Waivers Granted by the Office 

of Community Planning and Development 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

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

Project/Activity: Any participating 

jurisdiction or grantee located in the 

declared-disaster area (see FEMA–DR–4698– 

AR) affected by the severe storms and 

tornadoes in Arkansas. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Many families whose 

housing was destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HOME assistance if the requirement remains 

effective. This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

§ 92.203(a)(1)(ii), in lieu of source 

documentation to determine eligibility for 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71403 

HOME assistance of persons displaced by the 

disaster. 

Applicability: These waivers are only 

available to participating jurisdictions within 

the declared-disaster areas or a State 

participating jurisdiction of the declareddisaster areas to assist those displaced by the 

disaster. This waiver applies only to families 

displaced by the disaster (as evidenced by 

FEMA registration) whose income 

documentation was destroyed or made 

inaccessible by the disaster and remains in 

effect for six months from April 11, 2023. 

The participating jurisdiction or, as 

appropriate, HOME project owner, is 

required to maintain: (1) a record of FEMA 

registration to demonstrate that a family was 

displaced by the disaster; and (2) a statement 

signed by appropriate family members 

certifying to the family’s size and annual 

income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4698– 

AR). 

Nature of Requirement: Section 92.209(e) 

requires that the term of a HOME TBRA 

contract made with a landlord begin on the 

first day of the lease. Section 92.209(h)(1) 

limits the subsidy that a participating 

jurisdiction may pay toward a TBRA 

recipient’s rent to the difference between the 

participating jurisdiction’s rent standard for 

the unit size and 30 percent of the family’s 

monthly adjusted income. Section 92.209(i) 

requires that units occupied by TBRA 

recipients meet the housing quality standards 

established in 24 CFR 982.401. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving these provisions 

will provide the participating jurisdiction 

with greater flexibility to use tenant-based 

rental assistance as an emergency housing 

resource. 

Applicability: All of these waivers are only 

available to a participating jurisdiction 

within the declared-disaster area or a State 

participating jurisdiction of the 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 April 11, 2023. The provision of 

24 CFR 92.209(h)(1) imposing the maximum 

amount of TBRA assistance a participating 

jurisdiction may provide to a family under 

HOME TBRA is waived for TBRA recipients 

who are displaced by the disaster, as 

evidenced by the family’s FEMA registration, 

for a period of 24 months after April 11, 

2023. The other provisions of 24 CFR 

92.209(h) are not waived. The waiver of the 

housing quality standards requirements at 24 

CFR 92.209(i) applies to units leased by 

TBRA recipients who were displaced by the 

disaster, as evidenced by the recipient’s 

FEMA registration, and are being assisted 

through a HOME TBRA program funded by 

the participating jurisdiction for a period of 

24 months after April 11, 2023. Units must 

meet any applicable State and local health 

and safety codes and requirements. The lead 

safe housing requirements of 24 CFR part 35, 

subpart M, made applicable to units leased 

by recipients of HOME TBRA by the HOME 

regulation at 24 CFR 92.355, are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Any participating 

jurisdiction located in the declared-disaster 

areas (see FEMA–DR–4698–AR). 

Nature of Requirement: Section 220(a) of 

the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 12750(a)) (NAHA) 

and 24 CFR 92.218 require all HOME 

participating jurisdictions to contribute 

throughout the fiscal year to housing that 

qualifies as affordable housing under the 

HOME program. The contributions must total 

no less than 25 percent of the HOME funds 

drawn from the participating jurisdiction’s 

HOME Investment Trust Fund Treasury 

account. Section 220(d)(5) of NAHA (42 

U.S.C. 12750(d)(5)) and § 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. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Given the urgent housing 

needs created by the disaster and the 

substantial financial impact the participating 

jurisdiction will face in addressing those 

needs, the approval of a 100 percent match 

reduction for participating jurisdictions in 

the declared-disaster areas, rather than on a 

case-by-case basis, will relieve administrative 

and financial burden on affected 

participating jurisdictions by expediting the 

process for reduction and the need to identify 

and provide matching contributions to 

HOME projects. 

Applicability: This match reduction 

applies to funds expended by a participating 

jurisdiction located in the declared-disaster 

areas from October 1, 2022, through 

September 30, 2024. The waiver also applies 

to State-funded HOME projects located in 

declared-disaster areas. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4698– 

AR). 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, i.e., acquisition of 

housing including through homebuyer 

assistance, and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived for repair of 

properties damaged by the disaster. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: This waiver is required to 

enable the participating jurisdiction to meet 

the critical housing needs of families whose 

housing was damaged and families who were 

displaced by the disaster. 

Applicability: This waiver applies only to 

housing units located in the declared-disaster 

areas which were damaged by the disaster 

and to which HOME funds are committed 

within two years of April 11, 2023. Units 

must meet State and local health and safety 

codes. The lead housing safety regulations 

established in 24 CFR part 35 are not waived. 

Also, accessibility requirements at 24 CFR 

92.251(a)(2)(i) are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4698– 

AR). 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Many families whose 

homes were destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HTF assistance if the requirement remains 

effective. This waiver permits the grantee to 

use self-certification of income, as provided 

in section 93.151(d)(2), for HTF assisted units 

in lieu of source documentation to determine 

initial eligibility of persons displaced by the 

disaster. 


ddrumheller on DSK120RN23PROD with NOTICES2
71404 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Applicability: This waiver is only available 

to the grantee of the declared-disaster area. 

This waiver applies only to families 

displaced by the disaster (as documented by 

FEMA registration or other documentation 

acceptable to the HTF grantee) whose income 

documentation was destroyed or made 

inaccessible by the disaster and remains in 

effect for six months from April 11, 2023. 

The grantee or, as appropriate, HTF project 

owner, is required to maintain: (1) a record 

of FEMA registration to demonstrate that a 

family was displaced by the disaster; and (2) 

a statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Allowance Requirements. 

Project/Activity: The City of Omaha, 

Nebraska, requested a waiver of 24 CFR 

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

allowance established by the local public 

housing agency (PHA) for Kennedy Square 

East, a HOME-assisted project. 

Nature of Requirement: The regulation at 

24 CFR 92.252(d)(1) requires participating 

jurisdictions to establish maximum monthly 

allowances for utilities and services 

(excluding telephone) and update the 

allowances annually. However, participating 

jurisdictions are not permitted to use the 

utility allowance established by the local 

public housing authority for HOME-assisted 

rental projects for which HOME funds were 

committed on or after August 23, 2013. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: April 21, 2023. 

Reason Waived: The HOME requirements 

for establishing utility allowances conflict 

with Project Based Voucher program 

requirements. It is not possible to use two 

different utility allowances to set the rent for 

a single unit and it is administratively 

burdensome to require a project owner 

establish and implement different utility 

allowances for HOME-assisted units and nonHOME assisted units in a project. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Project/Activity: Any participating 

jurisdiction or grantee located in the 

declared-disaster area (see FEMA–DR–4699– 

CA) affected by the severe winter storms, 

straight-line winds, flooding, landslides, and 

mudslides in California. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Many families whose 

housing was destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HOME assistance if the requirement remains 

effective. This waiver permits the 

participating jurisdiction to use 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 May 17, 2023. The 

participating jurisdiction or, as appropriate, 

HOME project owner, is required to 

maintain: (1) a record of FEMA registration 

to demonstrate that a family was displaced 

by the disaster; and (2) a statement signed by 

appropriate family members certifying to the 

family’s size and annual income and that the 

family’s income documentation was 

destroyed or is inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4699– 

CA). 

Nature of Requirement: Section 92.209(e) 

requires that the term of a HOME TBRA 

contract made with a landlord begin on the 

first day of the lease. Section 92.209(h)(1) 

limits the subsidy that a participating 

jurisdiction may pay toward a TBRA 

recipient’s rent to the difference between the 

participating jurisdiction’s rent standard for 

the unit size and 30 percent of the family’s 

monthly adjusted income. And section 

92.209(i) requires that units occupied by 

TBRA recipients meet the housing quality 

standards established in 24 CFR 982.401. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving these provisions 

will provide the participating jurisdiction 

with greater flexibility to use tenant-based 

rental assistance as an emergency housing 

resource. 

Applicability: All of these waivers are only 

available to a participating jurisdiction 

within the declared-disaster area or a State 

participating jurisdiction of the 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 May 17, 2023. The provision of 

24 CFR 92.209(h)(1) imposing the maximum 

amount of TBRA assistance a participating 

jurisdiction may provide to a family under 

HOME TBRA is waived for TBRA recipients 

who are displaced by the disaster, as 

evidenced by the family’s FEMA registration, 

for a period of 24 months after May 17, 2023. 

The other provisions of 24 CFR 92.209(h) are 

not waived. 

The waiver of the housing quality 

standards requirements at 24 CFR 92.209(i) 

applies to units leased by TBRA recipients 

who were displaced by the disaster, as 

evidenced by the recipient’s FEMA 

registration, and are being assisted through a 

HOME TBRA program funded by the 

participating jurisdiction for a period of 24 

months after May 17, 2023. Units must meet 

any applicable State and local health and 

safety codes and requirements. The lead safe 

housing requirements of 24 CFR part 35, 

subpart M, made applicable to units leased 

by recipients of HOME TBRA by the HOME 

regulation at 24 CFR 92.355, are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Any participating 

jurisdiction located in the declared-disaster 

areas (see FEMA–DR–4699–CA). 

Nature of Requirement: Section 220(a) of 

NAHA and 24 CFR 92.218 require all HOME 

participating jurisdictions to contribute 

throughout the fiscal year to housing that 

qualifies as affordable housing under the 

HOME program. The contributions must total 

no less than 25 percent of the HOME funds 

drawn from the participating jurisdiction’s 

HOME Investment Trust Fund Treasury 

account. Section 220(d)(5) of NAHA (42 

U.S.C. 12750(d)(5)) and § 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. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Given the urgent housing 

needs created by the disaster and the 

substantial financial impact the participating 

jurisdiction will face in addressing those 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71405 

needs, the approval of a 100 percent match 

reduction for participating jurisdictions in 

the declared-disaster areas, rather than on an 

case-by-case basis, will relieve administrative 

and financial burden on affected 

participating jurisdictions by expediting the 

process for reduction and the need to identify 

and provide matching contributions to 

HOME projects. 

Applicability: This match reduction 

applies to funds expended by a participating 

jurisdiction located in the declared-disaster 

areas from October 1, 2022, through 

September 30, 2024. The waiver also applies 

to State-funded HOME projects located in 

declared-disaster areas. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4699– 

CA). 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, i.e., acquisition of 

housing including through homebuyer 

assistance, and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived for repair of 

properties damaged by the disaster. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is required to 

enable the participating jurisdiction to meet 

the critical housing needs of families whose 

housing was damaged and families who were 

displaced by the disaster. 

Applicability: This waiver applies only to 

housing units located in the declared-disaster 

areas which were damaged by the disaster 

and to which HOME funds are committed 

within two years of May 17, 2023. Units must 

meet State and local health and safety codes. 

The lead housing safety regulations 

established in 24 CFR part 35 are not waived. 

Also, accessibility requirements at 24 CFR 

92.251(a)(2)(i) are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4699– 

CA). 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary. 

Date Granted: May 17, 2023. 

Reason Waived: Many families whose 

homes were destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HTF assistance if the requirement remains 

effective. This waiver permits the grantee to 

use self-certification of income, as provided 

in section 93.151(d)(2), for HTF assisted units 

in lieu of source documentation to determine 

initial eligibility of persons displaced by the 

disaster. 

Applicability: This waiver is only available 

to the grantee of the declared-disaster area. 

This waiver applies only to families 

displaced by the disaster (as documented by 

FEMA registration or other documentation 

acceptable to the HTF grantee) whose income 

documentation was destroyed or made 

inaccessible by the disaster and remains in 

effect for six months from May 17, 2023. The 

grantee or, as appropriate, HTF project 

owner, is required to maintain: (1) a record 

of FEMA registration to demonstrate that a 

family was displaced by the disaster; and (2) 

a statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Project/Activity: Any participating 

jurisdiction or grantee located in the 

declared-disaster area (see FEMA–DR–4701– 

TN) affected by the severe storms, straightline winds, and tornadoes in Tennessee. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Many families whose 

housing was destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HOME assistance if the requirement remains 

effective. This waiver permits the 

participating jurisdiction to use 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 evidenced by 

FEMA registration) whose income 

documentation was destroyed or made 

inaccessible by the disaster and remains in 

effect for six months from May 17, 2023. The 

participating jurisdiction or, as appropriate, 

HOME project owner, is required to 

maintain: (1) a record of FEMA registration 

to demonstrate that a family was displaced 

by the disaster; and (2) a statement signed by 

appropriate family members certifying to the 

family’s size and annual income and that the 

family’s income documentation was 

destroyed or is inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

(i). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4701– 

TN). 

Nature of Requirement: Section 92.209(e) 

requires that the term of a HOME TBRA 

contract made with a landlord begin on the 

first day of the lease. Section 92.209(h)(1) 

limits the subsidy that a participating 

jurisdiction may pay toward a TBRA 

recipient’s rent to the difference between the 

participating jurisdiction’s rent standard for 

the unit size and 30 percent of the family’s 

monthly adjusted income. And section 

92.209(i) requires that units occupied by 

TBRA recipients meet the housing quality 

standards established in 24 CFR 982.401. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving these provisions 

will provide the participating jurisdiction 

with greater flexibility to use tenant-based 

rental assistance as an emergency housing 

resource. 

Applicability: All of these waivers are only 

available to a participating jurisdiction 

within the declared-disaster area or a State 

participating jurisdiction of the 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 May 17, 2023. The provision of 

24 CFR 92.209(h)(1) imposing the maximum 

amount of TBRA assistance a participating 

jurisdiction may provide to a family under 

HOME TBRA is waived for TBRA recipients 

who are displaced by the disaster, as 

evidenced by the family’s FEMA registration, 

for a period of 24 months after May 17, 2023. 

The other provisions of 24 CFR 92.209(h) are 

not waived. The waiver of the housing 

quality standards requirements at 24 CFR 

92.209(i) applies to units leased by TBRA 

recipients who were displaced by the 

disaster, as evidenced by the recipient’s 

FEMA registration, and are being assisted 

through a HOME TBRA program funded by 

the participating jurisdiction for a period of 

24 months after May 17, 2023. Units must 

meet any applicable State and local health 

and safety codes and requirements. The lead 

safe housing requirements of 24 CFR part 35, 


ddrumheller on DSK120RN23PROD with NOTICES2
71406 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

subpart M, made applicable to units leased 

by recipients of HOME TBRA by the HOME 

regulation at 24 CFR 92.355, are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.222(b)(1). 

Project/Activity: Any participating 

jurisdiction located in the declared-disaster 

areas (see FEMA–DR–4701–TN). 

Nature of Requirement: Section 220(a) of 

NAHA and 24 CFR 92.218 require all HOME 

participating jurisdictions to contribute 

throughout the fiscal year to housing that 

qualifies as affordable housing under the 

HOME program. The contributions must total 

no less than 25 percent of the HOME funds 

drawn from the participating jurisdiction’s 

HOME Investment Trust Fund Treasury 

account. Section 220(d)(5) of NAHA (42 

U.S.C. 12750(d)(5)) and § 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. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Given the urgent housing 

needs created by the disaster and the 

substantial financial impact the participating 

jurisdiction will face in addressing those 

needs, the approval of a 100 percent match 

reduction for participating jurisdictions in 

the declared-disaster areas, rather than on an 

case-by-case basis, will relieve administrative 

and financial burden on affected 

participating jurisdictions by expediting the 

process for reduction and the need to identify 

and provide matching contributions to 

HOME projects. 

Applicability: This match reduction 

applies to funds expended by a participating 

jurisdiction located in the declared-disaster 

areas from October 1, 2022, through 

September 30, 2024. The waiver also applies 

to State-funded HOME projects located in 

declared-disaster areas. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4701– 

TN). 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, i.e., acquisition of 

housing including through homebuyer 

assistance, and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived for repair of 

properties damaged by the disaster. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is required to 

enable the participating jurisdiction to meet 

the critical housing needs of families whose 

housing was damaged and families who were 

displaced by the disaster. 

Applicability: This waiver applies only to 

housing units located in the declared-disaster 

areas which were damaged by the disaster 

and to which HOME funds are committed 

within two years of May 17, 2023. Units must 

meet State and local health and safety codes. 

The lead housing safety regulations 

established in 24 CFR part 35 are not waived. 

Also, accessibility requirements at 24 CFR 

92.251(a)(2)(i) are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster areas (see FEMA–DR–4701– 

TN). 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Many families whose 

homes were destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HTF assistance if the requirement remains 

effective. This waiver permits the grantee to 

use self-certification of income, as provided 

in section 93.151(d)(2), for HTF assisted units 

in lieu of source documentation to determine 

initial eligibility of persons displaced by the 

disaster. 

Applicability: This waiver is only available 

to the grantee of the declared-disaster area. 

This waiver applies only to families 

displaced by the disaster (as documented by 

FEMA registration or other documentation 

acceptable to the HTF grantee) whose income 

documentation was destroyed or made 

inaccessible by the disaster and remains in 

effect for six months from May 17, 2023. The 

grantee or, as appropriate, HTF project 

owner, is required to maintain: (1) a record 

of FEMA registration to demonstrate that a 

family was displaced by the disaster; and (2) 

a statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Project/Activity: Any insular area located 

in the declared-disaster area (see FEMA–DR– 

4715–GU) affected by Typhoon Mawar. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Many families whose 

housing was destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HOME assistance if the requirement remains 

effective. This waiver permits the insular 

area to use self-certification of income, as 

provided in § 92.203(a)(1)(ii), in lieu of 

source documentation to determine 

eligibility for HOME assistance of persons 

displaced by the disaster. 

Applicability: This waiver applies only to 

families displaced by the disaster (as 

evidenced by FEMA registration) whose 

income documentation was destroyed or 

made inaccessible by the disaster and 

remains in effect for six months from June 26, 

2023. The insular area or, as appropriate, 

HOME project owner, is required to 

maintain: (1) a record of FEMA registration 

to demonstrate that a family was displaced 

by the disaster; and (2) a statement signed by 

appropriate family members certifying to the 

family’s size and annual income and that the 

family’s income documentation was 

destroyed or is inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

(i). 

Project/Activity: Projects located in the 

declared-disaster area (see FEMA–DR–4715– 

GU). 

Nature of Requirement: Section 92.209(e) 

requires that the term of a HOME TBRA 

contract made with a landlord begin on the 

first day of the lease. Section 92.209(h)(1) 

limits the subsidy that an insular area may 

pay toward a TBRA recipient’s rent to the 

difference between the participating 

jurisdiction’s rent standard for the unit size 

and 30 percent of the family’s monthly 

adjusted income. And section 92.209(i) 

requires that units occupied by TBRA 

recipients meet the housing quality standards 

established in 24 CFR 982.401. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving these provisions 

will provide the insular area with greater 

flexibility to use tenant-based rental 

assistance as an emergency housing resource. 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71407 

Applicability: All of these waivers are only 

available to the insular area in accordance 

with the applicable conditions described 

below. 

The requirement in 24 CFR 92.209(e) that 

the start date of a TBRA contract begin on the 

first day of the term of a tenant’s lease is 

waived for TBRA contracts the insular area 

executes for persons or families displaced by 

the disaster, as evidenced by the tenant’s 

FEMA registration or other relevant 

documentation acceptable to the insular area, 

for a period of 24 months after June 26, 2023. 

The provision of 24 CFR 92.209(h)(1) 

imposing the maximum amount of TBRA 

assistance the insular area may provide to a 

family under HOME TBRA is waived for 

TBRA recipients who are displaced by the 

disaster, as evidenced by the family’s FEMA 

registration, for a period of 24 months after 

June 26, 2023. The other provisions of 24 

CFR 92.209(h) are not waived. The waiver of 

the housing quality standards requirements 

at 24 CFR 92.209(i) applies to units leased by 

TBRA recipients who were displaced by the 

disaster, as evidenced by the recipient’s 

FEMA registration, and are being assisted 

through a HOME TBRA program funded by 

the insular area for a period of 24 months 

after June 26, 2023. Units must meet any 

applicable State and local health and safety 

codes and requirements. The lead safe 

housing requirements of 24 CFR part 35, 

subpart M, made applicable to units leased 

by recipients of HOME TBRA by the HOME 

regulation at 24 CFR 92.355, are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster area (see FEMA–DR–4715– 

GU). 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, i.e., acquisition of 

housing including through homebuyer 

assistance, and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived for repair of 

properties damaged by the disaster. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: This waiver is required to 

enable the insular area to meet the critical 

housing needs of families whose housing was 

damaged and families who were displaced by 

the disaster. 

Applicability: This waiver applies only to 

housing units which were damaged by the 

disaster and to which HOME funds are 

committed within two years of June 26, 2023. 

Units must meet State and local health and 

safety codes. The lead housing safety 

regulations established in 24 CFR part 35 are 

not waived. Also, accessibility requirements 

at 24 CFR 92.251(a)(2)(i) are not waived. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster area (see FEMA–DR–4715– 

GU). 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: Marion M. McFadden, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Many families whose 

homes were destroyed or damaged by the 

disaster will not have any documentation of 

income and will not be able to qualify for 

HTF assistance if the requirement remains 

effective. This waiver permits the grantee to 

use self-certification of income, as provided 

in section 93.151(d)(2), for HTF assisted units 

in lieu of source documentation to determine 

initial eligibility of persons displaced by the 

disaster. 

Applicability: This waiver applies only to 

families displaced by the disaster (as 

documented by FEMA registration or other 

documentation acceptable to the insular area) 

whose income documentation was destroyed 

or made inaccessible by the disaster and 

remains in effect for six months from June 26, 

2023. The grantee or, as appropriate, HTF 

project owner, is required to maintain: (1) a 

record of FEMA registration to demonstrate 

that a family was displaced by the disaster; 

and (2) a statement signed by appropriate 

family members certifying to the family’s size 

and annual income and that the family’s 

income documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

Modified Waiver and Alternative 

Requirement To Provide Rental Assistance 

• Regulation: Alternative requirement to 

42 U.S.C. 5305(a)(8) in section II.B.6. of the 

Community Development Block Grant 

Disaster Recovery (CDBG–DR) Consolidated 

Notice published in the Federal Register on 

February 3, 2022, at 87 FR 6364 (the 

‘‘February 2022 Notice’’), May 24, 2022 at 87 

FR 31636 (the ‘‘May 2022 Notice’’), and 

January 18, 2023 at 88 FR 3198 (the ‘‘January 

2023 Notice’’) 

Project/Activity: The use of CDBG–DR 

funds for emergency grant payments as 

tenant-based and other forms of rental 

assistance to households impacted by 

disasters eligible under Public Laws 117–43 

and 117–180 (together, the ‘‘Appropriations 

Acts’’). 

Nature of Requirement: The February 2022, 

May 2022, and January 2023 notices 

published in the Federal Register included 

the Consolidated Notice as Appendix B and 

made the Consolidated Notice applicable to 

CDBG–DR allocations identified in those 

notices. In the Consolidated Notice, HUD 

waived and modified 42 U.S.C. 5305(a)(8) to 

impose an alternative requirement for the use 

of CDBG–DR funds for emergency grant 

payments to extend interim mortgage 

assistance from three months to up to twenty 

months. The States of Louisiana, New Jersey, 

and Oregon received CDBG–DR grants 

subject to the February 2022, May 2022, or 

January 2023 Federal Register notice and 

requested a waiver and further modification 

of 42 U.S.C. 5305(a)(8) to also provide 

emergency grant payments as tenant-based 

and other forms of rental assistance to 

households impacted by disasters eligible 

under the Appropriations Acts. Granted By: 

Adrianne Todman, Deputy Secretary. 

Date Granted: May 18, 2023. 

Reason Waived: After reviewing each 

grantee’s request and based on the good 

cause provided, HUD waived and further 

modified 42 U.S.C. 5305(a)(8) to expand the 

definition of public service to include the 

following activity: provision of rental 

assistance (e.g. rent, security deposits, and 

utility deposits) and utility payments for up 

to 24 months for the States of Louisiana, New 

Jersey, and Oregon. 

The goals of this waiver and alternative 

requirement are to prevent and minimize the 

time households are experiencing or are at 

risk of experiencing homelessness as a result 

of the qualifying disaster and to provide 

additional time to stabilize persons or 

households in permanent housing by 

providing rental assistance, rapid rehousing 

services, and/or intermediate housing (e.g., 

including for homeowners during repairs). 

Applicability: This waiver and modified 

alternative requirement is applicable to the 

State of Louisiana, State of New Jersey, and 

State of Oregon CDBG–DR funds 

appropriated for major disasters occurring in 

2020 and 2021 under the Appropriations 

Acts. The alternative requirement for the 

provision of rental assistance (e.g. rent, 

security deposits, and utility deposits) and 

utility payments for up to 24 months is 

subject to the following requirements: the 

activity is subject to the 15 percent cap on 

public services and no beneficiary may 

receive more than a total of 24 months (for 

Louisiana, New Jersey, Oregon) of this type 

of assistance, HUD may further extend the 

waiver and alternative requirements 

administratively, if requested by the grantees 

and good cause for such an extension exists 

at that time, and a homeowner receiving any 

form of CDBG–DR interim mortgage 

assistance is not eligible for rental assistance 

or utility payments as authorized by this 

waiver and alternative requirement. This 

alternative requirement does not relieve 

grantees of the duty to comply with other 

applicable requirements relating to the 

temporary relocation or permanent 

displacement of persons. 

Contact: Tennille S. Parker, Director, Office 

of Disaster Recovery, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 708–3587. 


ddrumheller on DSK120RN23PROD with NOTICES2
71408 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Reimbursement Extension Waiver and 

Alternative Requirement 

• Regulation: Section III.F.5 of the 

Community Development Block Grant 

disaster recovery (CDBG–DR) Consolidated 

Notice published in the Federal Register on 

February 3, 2022, at 87 FR 6364 (the 

‘‘February 2022 Notice’’), May 24, 2022 at 87 

FR 31636 (the ‘‘May 2022 Notice’’), and 

January 18, 2023 at 88 FR 3198 (the ‘‘January 

2023 Notice’’). 

Project/Activity: CDBG–DR funds allocated 

to the State of Louisiana pursuant to the 

Disaster Relief Supplemental Appropriations 

Act, 2022 (Pub. L. 117–43) approved 

September 30, 2021, for major disasters 

occurring in 2020 and 2021, and the 

Continuing Appropriations Act, 2023 (Pub. L. 

117–180) approved September 30, 2022, for 

major disasters occurring in 2021 (together, 

the ‘‘Appropriations Acts’’). 

Nature of Requirement: The February 2022, 

May 2022, and January 2023 notices 

published in the Federal Register included 

the Consolidated Notice as Appendix B and 

made the Consolidated Notice applicable to 

the CDBG–DR allocations identified in those 

notices. Specifically, paragraph III.F.5 of the 

Consolidated Notice permits grantees to 

charge to grants the pre-award and preapplication costs of homeowners, renters, 

businesses, and other qualifying entities for 

eligible costs these applicants have incurred 

in response to an eligible disaster covered 

under the grantee’s applicable Federal 

Register notices. In addition to other 

requirements, paragraph III.F.5 stipulates that 

grantees may charge to the grant the eligible 

pre-application costs of individuals and 

private entities related to single family, 

multifamily, and nonresidential buildings, 

only if (1) the person or private entity 

incurred the expenses within one year after 

the applicability date of the grantee’s 

Allocation Announcement Notice (or within 

one year after the date of the disaster, 

whichever is later); and (2) the person or 

entity pays for the cost before the date on 

which the person or entity applies for CDBG– 

DR assistance. The Department received a 

request and justification from the State of 

Louisiana to extend the February 8, 2023 

deadline to December 31, 2023 for eligible 

pre-application costs. 

Granted By: Adrianne Todman, Deputy 

Secretary. 

Date Granted: June 28, 2023. 

Reason Waived: After reviewing the 

grantee’s request, the Department determined 

there was good cause to modify the 

alternative requirement in paragraph IV.B.1. 

of the January 2023 notice to change the 

February 8, 2023 deadline to December 31, 

2023 for all funds provided to Louisiana 

under the Appropriations Acts. The waiver 

and alternative requireiment will allow the 

State of Louisiana to to better track expenses, 

avoid confusion, and apply a uniform time 

frame for reimbursement of all preapplication costs for 2020 and 2021 disasters. 

Applicability: This waiver is applicable to 

the CDBG–DR funds appropriated for major 

disasters occurring in 2020 and 2021 under 

the Appropriations Acts for the State of 

Louisiana only. I last date that persons or 

private entities could incur otherwise 

allowable, reimbursable pre-application costs 

is December 31, 2023, or the date of 

application to the State for assistance, 

whichever is earlier. For any applicant that 

submits an application to the State prior to 

the reimbursement deadline of December 31, 

2023, the period to incur allowable, 

reimbursable pre-application costs would be 

from the date of the initial disaster to the date 

of the application. When reimbursing eligible 

pre-award and pre-application costs of 

homeowners, renters, businesses, and other 

qualifying entities, the State is reminded to 

follow all other requirements described in 

paragraph III.F.5 of the Consolidated Notice. 

Contact: Tennille S. Parker, Director, Office 

of Disaster Recovery, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 708–3587. 

Waiver and Alternative Requirement for Onefor-One Replacement Housing Requirements 

for the Cdbg-Dr Mitigation Set-Aside 

• Regulation: One-for-one replacement 

requirements in section 104(d)(2)(A)(i) and 

(ii) and (d)(3) of the Housing and Community 

Development Act of 1974 (HCDA) (42 U.S.C 

5304(d)(2)(A)(i) and (ii) and (d)(3) and 24 

CFR 42.375 in section IV.F.1. of the 

Consolidated Notice published in the Federal 

Register on February 3, 2022, at 87 FR 6364 

(the ‘‘February 2022 Notice’’), May 24, 2022 

at 87 FR 31636 (the ‘‘May 2022 Notice’’), and 

January 18, 2023, at 88 FR 3198 (the ‘‘January 

2023 Notice’’). 

Project/Activity: Community Development 

Block Grant disaster recovery (CDBG–DR) 

funds allocated to the State of Louisiana 

pursuant to the Disaster Relief Supplemental 

Appropriations Act, 2022 (Pub. L. 117–43) 

approved September 30, 2021, for major 

disasters occurring in 2020 and 2021, and the 

Continuing Appropriations Act, 2023 (Pub. L. 

117–180) approved September 30, 2022, for 

major disasters occurring in 2021 (together, 

the ‘‘Appropriations Acts’’). 

Nature of Requirement: The 

Appropriations Acts require HUD to include 

in any allocation of CDBG–DR funds for 

unmet needs an additional amount of 15 

percent for mitigation activities (the ‘‘CDBG– 

DR mitigation set-aside’’). The February 

2022, May 2022, and January 2023 notices 

published in the Federal Register govern the 

use of funds allocated from the 

Appropriations Acts. These Federal Register 

notices included the Consolidated Notice as 

Appendix B and made the Consolidated 

Notice applicable to the CDBG–DR 

allocations identified in those notices. 

Specifically, section IV.F.1. of the 

Consolidated Notice waives the one-for-one 

replacement requirements at section 

104(d)(2)(A)(i) and (ii) and 104(d)(3) of the 

HCDA (42 U.S.C 5304(d)(2)(A)(i) and (ii) and 

(d)(3)) and 24 CFR 42.375 for owneroccupied lower-income dwelling units that 

are damaged by the disaster and not suitable 

for rehabilitation. Section 104(d) one-for-one 

replacement housing requirements apply to 

occupied and vacant occupiable lowerincome dwelling units demolished or 

converted in connection with a CDBG 

assisted activity. Section 104(d) and 24 CFR 

42.375 require that all occupied and vacant 

occupiable lower-income dwelling units that 

are demolished or converted to a use other 

than as lower-income dwelling units in 

connection with a CDBG-assisted activity 

must be replaced with comparable lowerincome dwelling units. Section 104(d) and 24 

CFR 42.375 also require that before the CDBG 

recipient commits funds for any activity that 

will directly result in the demolition of 

lower-income dwelling units or the 

conversion of lower-income dwelling units to 

another use, the recipient must make a public 

submission that describes the project and 

how the one-for-one replacement 

requirements will be met, along with a 

written submission to the HUD field office. 

This waiver expands the waiver provisions of 

section IV.F.1. of the Consolidated Notice to 

exempt all owner-occupied lower-income 

dwelling units funded under the relevant 

CDBG–DR mitigation set aside for the State 

of Louisiana that meet the grantee’s 

definition of ‘‘not suitable for rehabilitation’’ 

from the one-for-one replacement housing 

requirements of 24 CFR 42.375. 

Granted By: Adrianne Todman, Deputy 

Secretary. 

Date Granted: June 28, 2023. 

Reason Waived: After reviewing the 

grantee’s request, the Department finds there 

is good cause to waive the one-for-one 

replacement requirements in section 

104(d)(2)(A)(i) and (ii) and (d)(3) (of the 

Housing and Community Development Act of 

1974 (HCDA) 42 U.S.C 5304(d)(2)(A)(i) and 

(ii) and (d)(3)) and 24 CFR 42.375 for the 

grantee’s CDBG–DR mitigation set-aside only. 

One-for-one replacement housing 

requirements at section 104(d)(2)(A)(i) and 

(ii) and 104(d)(3) of the HCDA (42 U.S.C 

5304(d)(2)(A)(i) and (ii) and (d)(3)) and 24 

CFR 42.375 are waived for all demolished or 

converted lower income dwelling units that 

are eligible through the CDBG–DR mitigation 

set-aside to permanently move people and/or 

property out of harm’s way as part of a 

housing mitigation activity, such as a buyout, 

that addresses a risk identified in a grantee’s 

risk-based mitigation needs assessment. 

This waiver exempts lower-income 

dwelling units that meet the grantee’s 

definition of ‘‘not suitable for replacement’’ 

from the one-for-one replacement 

requirements, since activities funded by the 

CDBG–DR mitigation set-aside may be 

removing housing units that are not damaged 

by the qualified disaster but still are 

necessary to address mitigation risk. This 

waiver and alternative requirement will not 

apply retroactively and will only apply to the 

eligible CDBG–DR mitigation set-aside 

activities identified in the February 2022 

Notice, the May 2022 Notice, and January 

2023 Notice. 

Applicability: This waiver is applicable to 

the CDBG–DR funds appropriated for major 

disasters occurring in 2020 and 2021 under 

the Appropriations Acts for the State of 

Louisiana only. This waiver exempts lowerincome dwelling units that meet the grantee’s 

definition of ‘‘not suitable for replacement’’ 

from the one-for-one replacement 

requirements, since activities funded by the 

CDBG–DR mitigation set-aside may be 

removing housing units that are not damaged 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71409 

by the qualified disaster but still are 

necessary to address mitigation risk. This 

waiver and alternative requirement will not 

apply retroactively and will only apply to the 

eligible CDBG–DR mitigation set-aside 

activities identified in the February 2022 

Notice, the May 2022 Notice, and January 

2023 Notice. 

Before carrying out activities under the 

CDBG–DR mitigation set-aside that may be 

subject to the one-for-one replacement 

requirements, the grantee must define ‘‘not 

suitable for replacement’’ in its action plan 

or in policies and procedures governing these 

activities. When working to move people 

and/or property out of harm’s way, requiring 

replacement housing units to be located 

within the same neighborhood can be 

inconsistent with the purposes of the CDBG– 

DR mitigation set-aside and is not always 

feasible because these areas have been 

identified to have current and future disaster 

risks, as described in the grantee’s mitigation 

needs assessment. 

Even when using the CDBG–DR mitigation 

set-aside, the grantee must reassess postdisaster population and housing needs 

relative to the mitigation needs assessment to 

determine the appropriate type and amount 

of lower-income dwelling units to 

rehabilitate or reconstruct. The grantee must 

include this analysis in its program files with 

a description of how the CDBG–DR 

mitigation set-aside funds or other sources, 

including CDBG–DR funds, will be used to 

address housing and mitigation needs for 

residents of lower-income dwelling units. 

The grantee should note that the demolition 

and/or disposition of public housing units 

continue to be subject to section 18 of the 

United States Housing Act of 1937, as 

amended, and 24 CFR part 970. 

Contact: Tennille S. Parker, Director, Office 

of Disaster Recovery, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 708–3587. 

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

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

91.401. 

Project/Activity: The State of Arkansas and 

any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the declared-disaster 

area (see DR–4698–AR) seeking to expedite 

action in response to severe storms and 

tornadoes, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 

This authority is in effect for grantees in the 

areas covered by the major disaster 

declaration under title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4698–AR, 

dated April 2, 2023, as may be amended (the 

‘‘Arkansas declared-disaster areas’’) and is 

limited to facilitating preparation of 

substantial amendments to FY 2022 and prior 

year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k); 24 CFR 

91.115(c)(2) and (i); and 24 CFR 91.401 

require a 30-day public comment period in 

the development of a consolidated plan and 

prior to the implementation of a substantial 

amendment. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe storms and tornadoes that 

hit Arkansas and received a major disaster 

declaration on April 2, 2023. As a result of 

substantial property loss and destruction, 

many individuals and families residing in the 

Arkansas declared-disaster areas were 

displaced from their homes, including 

beneficiaries of various CPD programs, and 

families eligible to receive CPD program 

assistance. The waiver granted will allow 

grantees to expedite recovery efforts for 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, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

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

Project/Activity: The State of Arkansas and 

any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the Arkansas declareddisaster areas (see DR–4698–AR) seeking to 

expedite action in response to severe storms 

and tornadoes, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 

This authority is in effect for grantees within 

the Arkansas declared-disaster areas and is 

limited to facilitating preparation of 

substantial amendments to FY 2022 and prior 

year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k) and 24 CFR 

91.115(c)(2) and (i) require the grantee to 

follow its citizen participation plan to 

provide citizens with reasonable notice and 

opportunity to comment. The citizen 

participation plan must state how reasonable 

notice and opportunity to comment will be 

given. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe storms 

and tornadoes that hit Arkansas and received 

a major disaster declaration on April 2, 2023. 

As a result of substantial property loss and 

destruction, many individuals and families 

residing in the Arkansas declared-disaster 

areas were displaced from their homes, 

including beneficiaries of various CPD 

programs, and families eligible to receive 

CPD program assistance. The waiver granted 

will allow grantees to determine what 

constitutes reasonable notice and 

opportunity to comment given their 

circumstances and provide that level of 

notice and opportunity to comment when 

amending prior year plans in response to the 

disaster. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

• Regulation: 24 CFR 570.207(b)(4). 

Project/Activity: All CDBG grantees located 

within and outside declared disaster areas 

assisting persons and families who have 

registered with FEMA in connection with 

Arkansas severe storms and tornadoes. 

Nature of Requirement: The CDBG 

regulations at 24 CFR 570.207(b)(4) prohibit 

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: HUD waives the 

provisions of 24 CFR 570.207(b)(4) to permit 

emergency grant payments for items such as 

food, clothing, housing (rent or mortgage), or 

utilities for up to six consecutive months. 

While this waiver allows emergency grant 

payments to be made for up to six 

consecutive months, the payments must still 

be made to service providers as opposed to 

the affected individuals or families. Many 

individuals and families have been forced to 

abandon their homes due to the damage 

associated with severe storms and tornadoes. 

The waiver will allow CDBG grantees, 

including grantees providing assistance to 

evacuees outside the Arkansas declareddisaster areas, to pay for the basic daily needs 

of individuals and families affected by the 

severe tornadoes and storms on an interim 

basis. This authority is in effect through the 

end of the grantee’s 2023 program year. This 

waiver aligns with waivers currently in effect 

for CDBG coronavirus (CDBG–CV) grants. 

The six-month periods allowed by waiver for 

CDBG and CDBG–CV shall not be used 

consecutively for the same beneficiary. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

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

91.401. 

Project/Activity: The State of Tennessee 

and any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the declared-disaster 

area (see DR–4701–TN) seeking to expedite 

action in response to Tennessee severe 

storms, straight-line winds, and tornadoes, 

upon notification to the Community Planning 

and Development Director in its respective 

HUD Field Office. This authority is in effect 

for grantees in the areas covered by the major 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 


ddrumheller on DSK120RN23PROD with NOTICES2
71410 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Emergency Assistance Act (Stafford Act), 

DR–4701–TN, dated April 7, 2023, as may be 

amended (the ‘‘Tennessee declared-disaster 

areas’’) and is limited to facilitating 

preparation of substantial amendments to FY 

2022 and prior year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k); 24 CFR 

91.115(c)(2) and (i); and 24 CFR 91.401 

require a 30-day public comment period in 

the development of a consolidated plan and 

prior to the implementation of a substantial 

amendment. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe storms, straight-line winds, 

and tornadoes that hit Tennessee and 

received a disaster declaration April 7, 2023. 

As a result of substantial property loss and 

destruction, many individuals and families 

residing in the Tennessee declared-disaster 

areas were displaced from their homes, 

including beneficiaries of various CPD 

programs, and families eligible to receive 

CPD program assistance. The waiver granted 

will allow grantees to expedite recovery 

efforts for low- and moderate-income 

residents affected by the property loss and 

destruction resulting from this event. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

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

Project/Activity: The State of Tennessee 

and any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the Tennessee declareddisaster areas (see DR–4701–TN) seeking to 

expedite action in response to severe storms, 

straight-line winds, and tornadoes, upon 

notification to the Community Planning and 

Development Director in its respective HUD 

Field Office. This authority is in effect for 

grantees within the Tennessee declareddisaster areas and is limited to facilitating 

preparation of substantial amendments to FY 

2023 and prior year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k) and 24 CFR 

91.115(c)(2) and (i) require the grantee to 

follow its citizen participation plan to 

provide citizens with reasonable notice and 

opportunity to comment. The citizen 

participation plan must state how reasonable 

notice and opportunity to comment will be 

given. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe storms, 

straight-line winds, and tornadoes that hit 

Tennessee and received a major disaster 

declaration on April 7, 2023. As a result of 

substantial property loss and destruction, 

many individuals and families residing in the 

Tennessee declared-disaster areas were 

displaced from their homes, including 

beneficiaries of various CPD programs, and 

families eligible to receive CPD program 

assistance. The waiver granted will allow 

grantees to determine what constitutes 

reasonable notice and opportunity to 

comment given their circumstances and 

provide that level of notice and opportunity 

to comment when amending prior year plans 

in response to the disaster. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

• Regulation: 24 CFR 570.207(b)(4). 

Project/Activity: All CDBG grantees located 

within and outside declared disaster areas 

assisting persons and families who have 

registered with FEMA in connection with 

Tennessee severe storms, straight-line winds, 

and tornadoes. 

Nature of Requirement: The CDBG 

regulations at 24 CFR 570.207(b)(4) prohibit 

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: HUD waives the 

provisions of 24 CFR 570.207(b)(4) to permit 

emergency grant payments for items such as 

food, clothing, housing (rent or mortgage), or 

utilities for up to six consecutive months. 

While this waiver allows emergency grant 

payments to be made for up to six 

consecutive months, the payments must still 

be made to service providers as opposed to 

the affected individuals or families. Many 

individuals and families have been forced to 

abandon their homes due to the damage 

associated with severe storms, straight-line 

winds, and tornadoes. The waiver will allow 

CDBG grantees, including grantees providing 

assistance to evacuees outside the Tennessee 

declared-disaster areas, to pay for the basic 

daily needs of individuals and families 

affected by the severe tornadoes and storms 

on an interim basis. This authority is in effect 

through the end of the grantee’s 2023 

program year. This waiver aligns with 

waivers currently in effect for CDBG 

coronavirus (CDBG–CV) grants. The 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, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

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

91.401. 

Project/Activity: The State of California 

and any HUD Community Planning and 

Development (CPD) grantee located in the 

counties included in the declared-disaster 

area seeking to expedite action in response to 

California severe winter storms, straight-line 

winds, flooding, landslides, and mudslides, 

upon notification to the Community Planning 

and Development Director in its respective 

HUD Field Office. This authority is in effect 

for grantees in the areas covered by the major 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4699–CA, dated April 3, 2023, as may be 

amended (the ‘‘California declared-disaster 

areas’’) and is limited to facilitating 

preparation of substantial amendments to FY 

2023 and prior year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k); 24 CFR 

91.115(c)(2) and (i); and 24 CFR 91.401 

require a 30-day public comment period in 

the development of a consolidated plan and 

prior to the implementation of a substantial 

amendment. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Several CPD grantees were 

affected by severe winter storms, straight-line 

winds, flooding, landslides, and mudslides 

and received a major disaster declaration on 

April 3, 2023. As a result of substantial 

property loss and destruction, many 

individuals and families residing in the 

California declared-disaster areas were 

displaced from their homes, including 

beneficiaries of various CPD programs, and 

families eligible to receive CPD program 

assistance. The waiver granted will allow 

grantees to expedite recovery efforts for 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, Office 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–4699–CA) seeking to 

expedite action in response to severe winter 

storms, straight-line winds, flooding, 

landslides, and mudslides, upon notification 

to the Community Planning and 

Development Director in its respective HUD 

Field Office. This authority is in effect for 

grantees within the California 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 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71411 

provide citizens with reasonable notice and 

opportunity to comment. The citizen 

participation plan must state how reasonable 

notice and opportunity to comment will be 

given. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: As stated above, several 

CPD grantees were affected by severe winter 

storms, straight-line winds, flooding, 

landslides, and mudslides that received a 

major disaster declaration on April 3, 2023. 

As a result of substantial property loss and 

destruction, many individuals and families 

residing in the California declared-disaster 

areas were displaced from their homes, 

including beneficiaries of various CPD 

programs, and families eligible to receive 

CPD program assistance. The waiver granted 

will allow grantees to determine what 

constitutes reasonable notice and 

opportunity to comment given their 

circumstances and provide that level of 

notice and opportunity to comment when 

amending prior year plans in response to the 

disaster. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

• Regulation: 24 CFR 570.207(b)(4). 

Project/Activity: All CDBG grantees located 

within and outside declared disaster areas 

assisting persons and families who have 

registered with FEMA in connection with 

California severe winter storms, straight-line 

winds, flooding, landslides, and mudslides. 

Nature of Requirement: The CDBG 

regulations at 24 CFR 570.207(b)(4) prohibit 

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: HUD waives the 

provisions of 24 CFR 570.207(b)(4) to permit 

emergency grant payments for items such as 

food, clothing, housing (rent or mortgage), or 

utilities for up to six consecutive months. 

While this waiver allows emergency grant 

payments to be made for up to six 

consecutive months, the payments must still 

be made to service providers as opposed to 

the affected individuals or families. Many 

individuals and families have been forced to 

abandon their homes due to the damage 

associated with severe storms, straight-line 

winds, and tornadoes. The waiver will allow 

CDBG grantees, including grantees providing 

assistance to evacuees outside the California 

declared-disaster areas, to pay for the basic 

daily needs of individuals and families 

affected by the severe winter storms, straightline winds, flooding, landslides, and 

mudslides on an interim basis. This authority 

is in effect through the end of the grantee’s 

2023 program year. This waiver aligns with 

waivers currently in effect for CDBG 

coronavirus (CDBG–CV) grants. The 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, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

and 24 CFR 570.440(i)(2). 

Project/Activity: Guam’s interest in 

expediting action in response to Typhoon 

Mawar, upon notification to the Community 

Planning and Development Director in its 

respective HUD Field Office. This authority 

is in effect for Guam, which received a major 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4715–GU, dated May 25, 2023, as may be 

amended (the ‘‘Guam declared-disaster 

areas’’) and is limited to facilitating 

preparation of substantial amendments to FY 

2023 and prior year plans. 

Nature of Requirement: The regulations at 

24 CFR 91.105(c)(2) and (k) and 24 CFR 

570.440(i)(2) require a 30-day public 

comment period in the development of a 

consolidated plan and prior to the 

implementation of a substantial amendment. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Guam was severely 

affected by Typhoon Mawar that hit the 

island, and received a major disaster 

declaration on May 25, 2023. As a result of 

substantial property loss and destruction, 

many individuals and families residing in the 

Guam were displaced from their homes, 

including beneficiaries of various CPD 

programs, and families eligible to receive 

CPD program assistance. The waiver granted 

will allow grantees to expedite recovery 

efforts for low- and moderate-income 

residents affected by the property loss and 

destruction resulting from this event. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

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

and 24 CFR 570.441(b). 

Project/Activity: Guam’s interest in 

expediting action in response to Typhoon 

Mawar, upon notification to the Community 

Planning and Development Director in its 

respective HUD Field Office. This authority 

is in effect for Guam and is limited to 

facilitating preparation of substantial 

amendments to FY 2023 and prior year plans. 

Nature of Requirement: The regulations 24 

CFR 91.105(c)(2) and (k) and 24 CFR 

570.441(b) require the grantee to follow its 

citizen participation plan to provide citizens 

with reasonable notice and opportunity to 

comment. The citizen participation plan 

must state how reasonable notice and 

opportunity to comment will be given. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: As stated above, Guam 

was severely affected by Typhoon Mawar and 

received a major disaster declaration on May 

25, 2023. As a result of substantial property 

loss and destruction, many individuals and 

families residing in the Guam were displaced 

from their homes, including beneficiaries of 

various CPD programs, and families eligible 

to receive CPD program assistance. The 

waiver granted will allow Guam to determine 

what constitutes reasonable notice and 

opportunity to comment given their 

circumstances and provide that level of 

notice and opportunity to comment when 

amending prior year plans in response to the 

disaster. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7282, Washington, 

DC 20410, telephone (202) 402–4211. 

• Regulation: 24 CFR 570.420(b)(3)(ii) and 

24 CFR 570.207(b)(4). 

Project/Activity: Guam’s assistance with 

persons and families who have registered 

with FEMA in connection with Typhoon 

Mawar. 

Nature of Requirement: The CDBG 

regulations at 24 CFR 570.207(b)(4) prohibit 

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: HUD waives the 

provisions of 24 CFR 570.420(b)(3)(ii) and 24 

CFR 570.207(b)(4) to permit emergency grant 

payments for items such as food, clothing, 

housing (rent or mortgage), or utilities for up 

to six consecutive months. While this waiver 

allows emergency grant payments to be made 

for up to six consecutive months, the 

payments must still be made to service 

providers as opposed to the affected 

individuals or families. Many individuals 

and families have been forced to abandon 

their homes due to the damage associated 

with Typhoon Mawar. The waiver will allow 

Guam to pay for the basic daily needs of 

individuals and families affected by the 

typhoon on an interim basis. This authority 

is in effect through the end of the Guam’s 

2023 program year. This waiver aligns with 

waivers currently in effect for CDBG 

coronavirus (CDBG–CV) grants. The sixVerDate Sep<11>2014 17:21 Oct 13, 2023 Jkt 262001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\16OCN2.SGM 16OCN2

ddrumheller on DSK120RN23PROD with NOTICES2
71412 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

month periods allowed by waiver for CDBG 

and CDBG–CV shall not be used 

consecutively for the same beneficiary. 

Contact: Robert C. Peterson, Director, State 

and Small Cities Division, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4211. 

Mega-Waiver for Arkansas Severe Storms and 

Tornadoes—Housing Opportunities for 

Persons With AIDS (HOPWA) Program 

On April 11, 2023, HUD issued an updated 

memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Arkansas severe storms and tornadoes in 

areas covered by a major disaster declaration 

under Title IV of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act 

(Stafford Act), DR–4698–AR, dated April 2, 

2023, as may be amended (the ‘‘declareddisaster areas’’). 

• Regulation: 24 CFR 574.310(b)(2), 

Habitability Standards. 

Project/Activity: The habitability 

requirements in 24 CFR 574.310(b)(2) are 

waived for units in the declared-disaster 

areas that are or will be occupied by 

HOPWA-eligible households, provided that 

the units are free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA). Grantees must ensure that these units 

meet HOPWA habitability standards within 

60 days of the date of April 11, 2023. 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum habitability standards 

that apply to all housing for which HOPWA 

funds are used for acquisition, rehabilitation, 

conversion, lease, or repair; new construction 

of single room occupancy dwellings and 

community residences; project or tenantbased rental assistance; or operating costs 

under 24 CFR 574.300(b)(3), (4), (5), or (8). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: This waiver is required to 

enable grantees and project sponsors to 

expeditiously meet the critical housing needs 

of the many eligible families in the declared 

disaster areas. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.320(a)(1), 

Maximum Subsidy. 

Project/Activity: Provided that the 

maximum subsidy is otherwise calculated as 

provided by § 574.320(a)(1), the requirement 

to use the rent standard as provided by 

§ 574.320(a)(1) is waived. This waiver applies 

to the calculation of rental assistance for any 

rent amount that takes effect during the twoyear period beginning on April 11, 2023, for 

any individual or family who is renting or 

executes a lease for a unit in the declareddisaster areas. This waiver would apply for 

twelve months from the date of the execution 

of the lease. Grantees and project sponsors 

must still ensure the reasonableness of rent 

charged for units in the declared-disaster 

areas in accordance with § 574.320(a)(3). 

Nature of Requirement: The amount of 

grant funds used to pay monthly assistance 

for an eligible person may not exceed the 

difference between: (i) The lower of the rent 

standard or reasonable rent for the unit; and 

(ii) The resident’s rent payment calculated 

under § 574.310(d). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Permitting the maximum 

rental assistance subsidy to be calculated 

under 24 CFR 574.320(a)(1) without regard to 

the rent standard would enable HOPWA 

grantees to expedite efforts to meet the 

critical housing needs of low-income people 

living with HIV and their families in the 

declared-disaster areas. Under the 

programmatic requirements at 24 CFR 

574.320(a)(2), the rent standard shall be no 

more than the published section 8 fair market 

rent (FMR) or the HUD-approved 

community-wide exception for the unit size. 

In addition, on a unit-by-unit basis, the 

grantee may increase that amount by up to 

10 percent for up to 20 percent of the units 

assisted. Notice CPD–22–10 Clarification of 

Rent Standard Requirement for the Housing 

Opportunities for Persons With AIDS 

(HOPWA) Program provides additional 

clarity and flexibility on how HOPWA 

grantees can administer the rent standard in 

accordance with 24 CFR 574.320(a)(2) and 

the Regulatory and Administrative 

Requirement Waivers and Flexibilities 

Available to HUD Public Housing and 

Section 8 During CY 2022 and CY 2023 to 

Public 16 Housing Agencies To Assist With 

Recovery and Relief Efforts on Behalf of 

Families Affected by Presidentially Declared 

Disasters, 87 FR 469 (Section 8 Disaster 

Notice) provides additional rent standard 

flexibility in presidentially declared disaster 

areas. Due to the extensive damage to 

housing units in the declared disaster area 

and the need to ensure safe and decent units 

are immediately available to eligible 

households to prevent homelessness and 

protect the health of the people with HIV 

served under the program, HUD has 

determined that it is not practicable for 

grantees to be held to the rent standards in 

24 CFR 574.320(a)(2) even with the 

additional flexibilities under Notice CPD–22– 

10 and the Section 8 Disaster Notice. Waiving 

the requirement to use the rent standard in 

the calculation of the maximum monthly 

rental assistance amount under 

§ 574.320(a)(1), while still requiring that the 

unit be rent reasonable in accordance with 

§ 574.320(a)(3), will make more units 

immediately available to HOPWA eligible 

individuals and families in need of 

permanent housing in the declared-disaster 

areas and will help to quickly stabilize their 

housing and health. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.530, 

Recordkeeping. 

Project/Activity: The recordkeeping 

requirement at 24 CFR 574.530 is waived to 

the extent necessary to allow HOPWA 

grantees, located within and outside of the 

declared disaster areas, to assist displaced 

persons and families, provided that the 

grantees (1) require written certification of 

HIV status and income of such individuals 

and families seeking assistance and (2) obtain 

source documentation of HIV status and 

income eligibility within six months of April 

11, 2023. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the declareddisaster areas, to rely upon a family 

member’s self-certification of income and 

HIV status in lieu of source documentation 

to determine eligibility for HOPWA 

assistance for individuals and families 

displaced by the disaster. Many individuals 

and families displaced by the disaster whose 

homes have been destroyed or damaged will 

not have immediate access to documentation 

of income or medical records and, without 

this waiver, will be unable to document their 

eligibility for HOPWA assistance. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

Mega-Waiver for Tennessee Severe Storms, 

Straight-Line Winds, and Tornadoes— 

Housing Opportunities for Persons With 

AIDS (HOPWA) Program 

On May 17, 2023, HUD issued a 

memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Tennessee severe storms, straight-line winds, 

and tornadoes in areas covered by a major 

disaster declaration under Title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4701–TN, dated April 7, 2023, as may be 

amended (the ‘‘declared-disaster areas’’). 

• Regulation: 24 CFR 574.310(b)(2), 

Habitability Standards. 

Project/Activity: The habitability 

requirements in 24 CFR 574.310(b)(2) are 

waived for units in the declared-disaster 

areas that are or will be occupied by 

HOPWA-eligible households, provided that 

the units are free of life-threatening 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71413 

conditions as defined in Notice PIH 2017–20 

(HA). Grantees must ensure that these units 

meet HOPWA habitability standards within 

60 days of the date of May 17, 2023. 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum habitability standards 

that apply to all housing for which HOPWA 

funds are used for acquisition, rehabilitation, 

conversion, lease, or repair; new construction 

of single room occupancy dwellings and 

community residences; project or tenantbased rental assistance; or operating costs 

under 24 CFR 574.300(b)(3), (4), (5), or (8). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is required to 

enable grantees and project sponsors to 

expeditiously meet the critical housing needs 

of the many eligible families in the declared 

disaster areas. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.320(a)(1), 

Maximum Subsidy. 

Project/Activity: Provided that the 

maximum subsidy is otherwise calculated as 

provided by § 574.320(a)(1), the requirement 

to use the rent standard as provided by 

§ 574.320(a)(1) is waived. This waiver applies 

to the calculation of rental assistance for any 

rent amount that takes effect during the twoyear period beginning on May 17, 2023, for 

any individual or family who is renting or 

executes a lease for a unit in the declareddisaster areas. This waiver would apply for 

twelve months from the date of the execution 

of the lease. Grantees and project sponsors 

must still ensure the reasonableness of rent 

charged for units in the declared-disaster 

areas in accordance with § 574.320(a)(3). 

Nature of Requirement: The amount of 

grant funds used to pay monthly assistance 

for an eligible person may not exceed the 

difference between: (i) The lower of the rent 

standard or reasonable rent for the unit; and 

(ii) The resident’s rent payment calculated 

under § 574.310(d). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Permitting the maximum 

rental assistance subsidy to be calculated 

under 24 CFR 574.320(a)(1) without regard to 

the rent standard would enable HOPWA 

grantees to expedite efforts to meet the 

critical housing needs of low-income people 

living with HIV and their families in the 

declared-disaster areas. Under the 

programmatic requirements at 24 CFR 

574.320(a)(2), the rent standard shall be no 

more than the published section 8 fair market 

rent (FMR) or the HUD-approved 

community-wide exception for the unit size. 

In addition, on a unit-by-unit basis, the 

grantee may increase that amount by up to 

10 percent for up to 20 percent of the units 

assisted. Notice CPD–22–10 Clarification of 

Rent Standard Requirement for the Housing 

Opportunities for Persons With AIDS 

(HOPWA) Program provides additional 

clarity and flexibility on how HOPWA 

grantees can administer the rent standard in 

accordance with 24 CFR 574.320(a)(2) and 

the Regulatory and Administrative 

Requirement Waivers and Flexibilities 

Available to HUD Public Housing and 

Section 8 During CY 2022 and CY 2023 to 

Public 16 Housing Agencies To Assist With 

Recovery and Relief Efforts on Behalf of 

Families Affected by Presidentially Declared 

Disasters, 87 FR 469 (Section 8 Disaster 

Notice) provides additional rent standard 

flexibility in presidentially declared disaster 

areas. Due to the extensive damage to 

housing units in the declared disaster area 

and the need to ensure safe and decent units 

are immediately available to eligible 

households to prevent homelessness and 

protect the health of the people with HIV 

served under the program, HUD has 

determined that it is not practicable for 

grantees to be held to the rent standards in 

24 CFR 574.320(a)(2) even with the 

additional flexibilities under Notice CPD–22– 

10 and the Section 8 Disaster Notice. Waiving 

the requirement to use the rent standard in 

the calculation of the maximum monthly 

rental assistance amount under 

§ 574.320(a)(1), while still requiring that the 

unit be rent reasonable in accordance with 

§ 574.320(a)(3), will make more units 

immediately available to HOPWA eligible 

individuals and families in need of 

permanent housing in the declared-disaster 

areas and will help to quickly stabilize their 

housing and health. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.530, 

Recordkeeping. 

Project/Activity: The recordkeeping 

requirement at 24 CFR 574.530 is waived to 

the extent necessary to allow HOPWA 

grantees, located within and outside of the 

declared disaster areas, to assist displaced 

persons and families, provided that the 

grantees (1) require written certification of 

HIV status and income of such individuals 

and families seeking assistance and (2) obtain 

source documentation of HIV status and 

income eligibility within six months of May 

17, 2023. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the declareddisaster areas, to rely upon a family 

member’s self-certification of income and 

HIV status in lieu of source documentation 

to determine eligibility for HOPWA 

assistance for individuals and families 

displaced by the disaster. Many individuals 

and families displaced by the disaster whose 

homes have been destroyed or damaged will 

not have immediate access to documentation 

of income or medical records and, without 

this waiver, will be unable to document their 

eligibility for HOPWA assistance. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

Mega-Waiver for California Severe Winter 

Storms, Straight-Line Winds, Flooding, 

Landslides, and Mudslides—Housing 

Opportunities for Persons With AIDS 

(HOPWA) Program 

On May 17, 2023, HUD issued a 

memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

California severe winter storms, straight-line 

winds, flooding, landslides, and mudslides 

in areas covered by a major disaster 

declaration under Title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4699–CA, 

dated April 3, 2023, as may be amended (the 

‘‘declared-disaster areas’’). 

• Regulation: 24 CFR 574.310(b)(2), 

Habitability Standards. 

Project/Activity: The habitability 

requirements in 24 CFR 574.310(b)(2) are 

waived for units in the declared-disaster 

areas that are or will be occupied by 

HOPWA-eligible households, provided that 

the units are free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA). Grantees must ensure that these units 

meet HOPWA habitability standards within 

60 days of the date of May 17, 2023. 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum habitability standards 

that apply to all housing for which HOPWA 

funds are used for acquisition, rehabilitation, 

conversion, lease, or repair; new construction 

of single room occupancy dwellings and 

community residences; project or tenantbased rental assistance; or operating costs 

under 24 CFR 574.300(b)(3), (4), (5), or (8). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is required to 

enable grantees and project sponsors to 

expeditiously meet the critical housing needs 

of the many eligible families in the declared 

disaster areas. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.320(a)(1), 

Maximum Subsidy. 

Project/Activity: Provided that the 

maximum subsidy is otherwise calculated as 


ddrumheller on DSK120RN23PROD with NOTICES2
71414 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

provided by § 574.320(a)(1), the requirement 

to use the rent standard as provided by 

§ 574.320(a)(1) is waived. This waiver applies 

to the calculation of rental assistance for any 

rent amount that takes effect during the twoyear period beginning on May 17, 2023, for 

any individual or family who is renting or 

executes a lease for a unit in the declareddisaster areas. This waiver would apply for 

twelve months from the date of the execution 

of the lease. Grantees and project sponsors 

must still ensure the reasonableness of rent 

charged for units in the declared-disaster 

areas in accordance with § 574.320(a)(3). 

Nature of Requirement: The amount of 

grant funds used to pay monthly assistance 

for an eligible person may not exceed the 

difference between: (i) The lower of the rent 

standard or reasonable rent for the unit; and 

(ii) The resident’s rent payment calculated 

under § 574.310(d). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Permitting the maximum 

rental assistance subsidy to be calculated 

under 24 CFR 574.320(a)(1) without regard to 

the rent standard would enable HOPWA 

grantees to expedite efforts to meet the 

critical housing needs of low-income people 

living with HIV and their families in the 

declared-disaster areas. Under the 

programmatic requirements at 24 CFR 

574.320(a)(2), the rent standard shall be no 

more than the published section 8 fair market 

rent (FMR) or the HUD-approved 

community-wide exception for the unit size. 

In addition, on a unit-by-unit basis, the 

grantee may increase that amount by up to 

10 percent for up to 20 percent of the units 

assisted. Notice CPD–22–10 Clarification of 

Rent Standard Requirement for the Housing 

Opportunities for Persons With AIDS 

(HOPWA) Program provides additional 

clarity and flexibility on how HOPWA 

grantees can administer the rent standard in 

accordance with 24 CFR 574.320(a)(2) and 

the Regulatory and Administrative 

Requirement Waivers and Flexibilities 

Available to HUD Public Housing and 

Section 8 During CY 2022 and CY 2023 to 

Public 16 Housing Agencies To Assist With 

Recovery and Relief Efforts on Behalf of 

Families Affected by Presidentially Declared 

Disasters, 87 FR 469 (Section 8 Disaster 

Notice) provides additional rent standard 

flexibility in presidentially declared disaster 

areas. Due to the extensive damage to 

housing units in the declared disaster area 

and the need to ensure safe and decent units 

are immediately available to eligible 

households to prevent homelessness and 

protect the health of the people with HIV 

served under the program, HUD has 

determined that it is not practicable for 

grantees to be held to the rent standards in 

24 CFR 574.320(a)(2) even with the 

additional flexibilities under Notice CPD–22– 

10 and the Section 8 Disaster Notice. Waiving 

the requirement to use the rent standard in 

the calculation of the maximum monthly 

rental assistance amount under 

§ 574.320(a)(1), while still requiring that the 

unit be rent reasonable in accordance with 

§ 574.320(a)(3), will make more units 

immediately available to HOPWA eligible 

individuals and families in need of 

permanent housing in the declared-disaster 

areas and will help to quickly stabilize their 

housing and health. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

• Regulation: 24 CFR 574.530, 

Recordkeeping. 

Project/Activity: The recordkeeping 

requirement at 24 CFR 574.530 is waived to 

the extent necessary to allow HOPWA 

grantees, located within and outside of the 

declared disaster areas, to assist displaced 

persons and families, provided that the 

grantees (1) require written certification of 

HIV status and income of such individuals 

and families seeking assistance and (2) obtain 

source documentation of HIV status and 

income eligibility within six months of May 

17, 2023. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the declareddisaster areas, to rely upon a family 

member’s self-certification of income and 

HIV status in lieu of source documentation 

to determine eligibility for HOPWA 

assistance for individuals and families 

displaced by the disaster. Many individuals 

and families displaced by the disaster whose 

homes have been destroyed or damaged will 

not have immediate access to documentation 

of income or medical records and, without 

this waiver, will be unable to document their 

eligibility for HOPWA assistance. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

Mega-Waiver for Guam Typhoon Mawar— 

Housing Opportunities for Persons With 

AIDS (HOPWA) Program 

On June 26, 2023, HUD issued a 

memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Guam Typhoon Mawar in areas covered by 

a major disaster declaration under Title IV of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4715–GU, dated May 25, 2023, as may be 

amended (the ‘‘declared-disaster areas’’). 

• Regulation: 24 CFR 574.530, 

Recordkeeping. 

Project/Activity: The recordkeeping 

requirement at 24 CFR 574.530 is waived to 

the extent necessary to allow HOPWA 

grantees, located within and outside of the 

declared disaster areas, to assist displaced 

persons and families, provided that the 

grantees (1) require written certification of 

HIV status and income of such individuals 

and families seeking assistance and (2) obtain 

source documentation of HIV status and 

income eligibility within six months of June 

26, 2023. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the declareddisaster areas, to rely upon a family 

member’s self-certification of income and 

HIV status in lieu of source documentation 

to determine eligibility for HOPWA 

assistance for individuals and families 

displaced by the disaster. Many individuals 

and families displaced by the disaster whose 

homes have been destroyed or damaged will 

not have immediate access to documentation 

of income or medical records and, without 

this waiver, will be unable to document their 

eligibility for HOPWA assistance. 

Contact: Lisa Steinhauer, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (215) 861–7651, 

lisa.a.steinhauer@hud.gov. 

I. Mega-Waiver for Arkansas Severe Storms 

and Tornadoes—CoC 

On April 11, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

severe storms and tornadoes in areas of 

Arkansas covered by a major disaster 

declaration under Title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4698–AR, 

dated April 2, 2023, and as may be amended 

(the ‘‘declared-disaster areas’’). The following 

summarizes the waivers available for CoC 

Program Recipients. 

CoC—Permanent Housing Rapid Re-Housing 

Limit to 24 Months of Rental Assistance 

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

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

578.51(a)(1)(i). 

Project/Activity: For two years from the 

issuance of the waiver, the 24-month limit on 

rental assistance is waived for individuals 

and families who meet the following criteria. 

(1) The individual or family lives in a 

declared-disaster area or was displaced from 

a declared-disaster area as a result of the 

disaster; and (2) the individual or family is 

currently receiving rental assistance or begins 

receiving rental assistance within two years 

after the date of the issuance of the waiver. 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71415 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.37(a)(1)(ii) and 24 

CFR 578.51(a)(1)(i) defines medium-term 

rental assistance as 3 to 24 months and 24 

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

578.37(a)(1)(ii)(C) limits rapid re-housing 

projects to medium-term rental assistance, or 

no more than 24 months. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by the 

disaster, including those already receiving 

rental assistance as well as those who will 

receive rental assistance within 2 years of the 

date of the issuance of the waiver, to 

maintain stable permanent housing in 

another area and help them return to their 

hometowns, as desired, when additional 

permanent housing becomes available. It will 

also provide additional time to stabilize 

individuals and families in permanent 

housing where vacancy rates are 

extraordinarily low due to the disaster. 

Experience with prior disasters has shown us 

some program participants need additional 

months of rental assistance to identify and 

stabilize in housing of their choice, which 

can mean moving elsewhere until they are 

able to return to their hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One Year Lease Requirement 

• Regulation: 24 CFR 578.3, definition of 

permanent housing, 24 CFR 578.51(l)(1). 

Project/Activity: The one-year lease 

requirement is waived for two years 

beginning on the date of the issuance of the 

waiver for program participants living in a 

declared-disaster area or program 

participants displaced from a declareddisaster area as a result of the disaster, so 

long as the initial lease term of all leases is 

for more than one month, and the leases are 

renewable for terms that are a minimum of 

one month long and the leases are terminable 

only for cause. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.3, definition of 

permanent housing, and 24 CFR 578.51(l)(1) 

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable only for cause. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of more than 

one month. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 

will improve the housing options available to 

program participants in permanent housing 

projects. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One-Time Limit on Moving Costs 

• Regulation: 24 CFR 578.53(e)(2). 

Project/Activity: The one-time limit on 

moving costs of program participants is 

waived for two years beginning on the date 

of the issuance of the waiver for program 

participants living in a declared-disaster area 

or program participants displaced from a 

declared-disaster area as a result of the 

disaster. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.53(e)(2) limits 

recipients of supportive service funds to 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by the disaster as well 

as those who become homeless in the areas 

impacted by the disaster to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by the disaster, and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Fair Market Rent (FMR) Cap on Rent 

Paid With Leasing Funds 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: The FMR restriction is 

waived for any lease executed by a recipient 

or subrecipient in declared-declared areas to 

provide transitional or permanent supportive 

housing during the 2-year period beginning 

on the date of the issuance of the waiver. The 

affected recipient or subrecipient must still 

ensure that rent paid for individual units that 

are leased with CoC Program leasing dollars 

meet the rent reasonableness standard in 24 

CFR 578.49(b)(2) meaning the rent paid must 

be reasonable in relation to rents being 

charged for comparable units, taking into 

account the location, size, type, quality, 

amenities, facilities, and management 

services. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.49(b)(2) prohibits a 

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving the limit on using 

leasing funds to pay above FMR for 

individual units above FMR, but not greater 

than reasonable rent, will provide recipients 

and subrecipients with more flexibility in 

identifying housing options for program 

participants in declared-declared areas. The 

rental markets in areas impacted by disasters 

are often more expensive after the disaster 

due to decreased housing stock and increased 

rents. These more expensive rents are not 

reflected in the HUD-determined FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• Regulation: 24 CFR 578.103(a) and 24 

CFR 578.103(a)(4)(i)(B). 

Project/Activity: The requirement that 

intake-staff recorded observations of 

disability be confirmed and accompanied by 

other evidence no later than 45 days from the 

date of application for assistance is waived 

for any program participant admitted into 

PSH funded by the CoC program one-year 

from the date of the issuance of the waiver 

so long as (1) the intake-staff records 

observations of disability in the client file at 

time of application; or (2) the individual 

seeking assistance provides written 

certification that they have a qualifying 

disability is provided at time of application. 

Nature of Requirement: 24 CFR 578.103(a) 

requires recipient to maintain records 

providing evidence they met program 

requirements and 24 CFR 578.103(a)(4)(i)(B) 

establishes the requirements for documenting 

disability for individuals and families that 

meet the ‘‘chronically homeless’’ definition 

in 24 CFR 578.3. Acceptable evidence of 

disability includes intake-staff recorded 

observations of disability no later than 45 

days from the date of application for 

assistance, which is confirmed and 

accompanied by evidence in paragraphs 24 


ddrumheller on DSK120RN23PROD with NOTICES2
71416 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). 

HUD is waiving the requirement to obtain 

additional evidence to confirm staff-recorded 

observations of disability. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving the requirement 

to obtain additional evidence of disability as 

provided in 24 CFR 578.103(a)(4)(i)(B)(4)) as 

specified below will allow recipient to house 

people impacted by severe storms and 

tornadoes in Arkansas by relying on intake 

staff-recorded observations of disability or a 

written self-certification by the program 

participant. This will help individuals and 

families with disabilities to expeditiously 

receive needed housing assistance when 

paperwork from the Social Security 

Administration or medical professionals 

cannot be quickly obtained. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

II. Mega-Waiver for Arkansas Severe Storms 

and Tornadoes—ESG 

On April 11, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

severe storms and tornadoes in areas of 

Arkansas covered by a major disaster 

declaration under Title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4698–AR, 

dated April 2, 2023, and as may be amended 

(the ‘‘declared-disaster areas’’). The following 

summarizes the waivers available for ESG 

Program Recipients. 

ESG—Term Limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services 

• Regulation: 24 CFR 576.106(a); 24 CFR 

576.105(a)(5); and 24 CFR 576.105(b)(2)— 

Term limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services. 

Project/Activity: The 24-month limits on 

rental assistance and housing relocation and 

stabilization services are waived for 

individuals and families who meet both of 

the following criteria: (1) the individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of severe storms and tornadoes in 

Arkansas; and (2) the individual or family is 

currently receiving rental assistance or 

housing relocation stabilization services or 

begins receiving rental assistance or housing 

relocation and stabilization services within 

two years after the date of the issuance of the 

waiver. For these individuals and families, 

ESG funds may be used to provide up to 36 

consecutive months of rental assistance, 

utility payments, and housing stability case 

management, in addition to the 30 days of 

housing stability case management that may 

be provided before the move into permanent 

housing under 24 CFR 576.105(b)(2). HUD 

will also consider further waiver requests to 

allow assistance to be provided for longer 

than three years, if the recipient 

demonstrates good cause. 

Nature of Requirement: The ESG regulation 

at 24 CFR 576.106(a) prohibits a program 

participant from receiving more than 24 

months of ESG rental assistance during any 

3-year period. Section 576.105(a)(5) prohibits 

a program participant from receiving more 

than 24 months of utility payments under 

ESG during any 3-year period. Section 

576.105(b)(2) limits the provision of housing 

stability case management to 30 days while 

the program participant is seeking permanent 

housing and 24 months while the program 

participant is living in permanent housing. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 

assistance will assist individuals and 

families, both those already receiving 

assistance and those who will receive 

assistance subsequent to the date of the 

issuance of the waiver to maintain stable 

permanent housing in place or in another 

area and help them return to their 

hometowns, as desired, when additional 

permanent housing is available. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• Regulation: 24 CFR 576.106(d)(1). 

Project/Activity: The FMR restriction is 

waived for any rent amount that takes effect 

during the two-year period beginning on the 

date of the issuance of the waiver for any 

individual or family who is renting or 

executes a lease for a unit in a declareddisaster area. However, the affected 

recipients and their subrecipients must still 

ensure that the units in which ESG assistance 

is provided to these individuals and families 

meet the rent reasonableness standard. HUD 

will consider requests to waive the FMR 

restriction for rent amounts that take effect 

after the two-year period, if a recipient 

demonstrates good cause. 

Nature of Requirement: Under 24 CFR 

576.106(d)(1), rental assistance cannot be 

provided unless the total rent is equal to or 

less than the FMR established by HUD, as 

provided under 24 CFR part 888, and 

complies with HUD’s standard of rent 

reasonableness, as established under 24 CFR 

982.507. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: HUD granted this waiver 

to enable ESG recipients to meet the critical 

housing needs of individuals and families 

whose housing was damaged or who were 

displaced as a result of severe storms and 

tornadoes in Arkansas. Waiving the FMR 

restriction will make more units available to 

individuals and families in need of 

permanent housing. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Housing Standards 

• Regulation: 24 CFR 576.403(c). 

Project/Activity: The ESG housing 

standards at 24 CFR 576.403(c) are waived 

for units in the declared disaster area that are 

or will be occupied by individuals or families 

eligible for ESG Rapid Re-housing or 

Homelessness Prevention assistance, 

provided that: (1) Each unit must still meet 

applicable state and local standards; (2) Each 

unit must be free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA); and (3) Recipients must make sure all 

units in which program participants are 

assisted meet the ESG housing standards 

within 60 days of the date of the issuance of 

the waiver. 

Nature of Requirement: If ESG funds are 

used to help a program participant remain in 

or move into housing, the housing must meet 

the minimum habitability standards provided 

in 24 CFR 576.403(c). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical housing needs of many eligible 

individuals and families in the declared 

disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Shelter Standards 

• 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. 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71417 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical emergency shelter needs of many 

eligible individuals and families in the 

declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Limited Waiver of 24-Month 

Expenditure Deadline for Rapid Re-Housing 

and Homelessness Prevention Assistance and 

Related Administrative and HMIS Costs 

• 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: April 11, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline for costs of 

providing homelessness prevention and 

rapid re-housing assistance to individuals 

and families will support recipients’ ability 

to assist individuals and families as provided 

by other ESG program waivers related to this 

disaster. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 and tornadoes in Arkansas; (2) The 

individual or family is currently receiving 

ESG-funded rental assistance as the 

leaseholder or housing relocation 

stabilization services or begins receiving 

rental assistance or housing relocation 

stabilization services within two years after 

the date of the issuance of the waiver; (3) The 

individual or family chooses to rent a unit 

through a legally valid sublease or lease with 

the primary leaseholder for the unit; and (4) 

The recipient has developed written policies 

to apply the requirements of 24 CFR 576.105, 

24 CFR 576.106, 24 CFR 576.409, and 24 CFR 

576.500(h) with respect to that program 

participant by reading the references to 

‘‘owner’’ and ‘‘housing owner’’ to apply to 

the primary leaseholder and reading the 

references to ‘‘lease’’ to apply to the program 

participant’s sublease or lease with the 

primary leaseholder. 

Nature of Requirement: The use of 

‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and 

576.106 prohibit program participants from 

receiving rental assistance under 24 CFR 

576.106 and certain services under 24 CFR 

576.105 with respect to units that program 

participants rent from a person other than the 

owner or the owner’s agent. Justification: By 

increasing the permissible housing options 

for program participations, this waiver would 

allow the recipient to meet the critical 

housing needs of more eligible individuals 

and families in the declared disaster area. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: April 11, 2023. 

Reason Waived: By increasing the 

permissible housing options for program 

participations, this waiver would allow the 

recipient to meet the critical housing needs 

of more eligible individuals and families in 

the declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

III. Mega-Waiver for Tennessee Severe 

Storms, Straight-Line Winds, and 

Tornadoes—CoC 

On May 17, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Tennessee severe storms, straight-line winds, 

and tornadoes covered by a major disaster 

declaration under Title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4698–AR, 

dated April 7, 2023, and as may be amended 

(the ‘‘declared-disaster areas’’). The following 

summarizes the waivers available for CoC 

Program Recipients. 

CoC—Permanent Housing Rapid Re-Housing 

Limit to 24 Months of Rental Assistance 

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

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

578.51(a)(1)(i). 

Project/Activity: For two years from the 

date of the issuance of the waiver, the 24- 

month limit on rental assistance is waived for 

individuals and families who meet the 

following criteria. (1) The individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of the disaster; and (2) the individual 

or family is currently receiving rental 

assistance or begins receiving rental 

assistance within two years after the date of 

the issuance of the waiver. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.37(a)(1)(ii) and 24 

CFR 578.51(a)(1)(i) defines medium-term 

rental assistance as 3 to 24 months and 24 

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

578.37(a)(1)(ii)(C) limits rapid re-housing 

projects to medium-term rental assistance, or 

no more than 24 months. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by the 

disaster, including those already receiving 

rental assistance as well as those who will 

receive rental assistance within 2 years of the 

date of the issuance of the waiver, to 

maintain stable permanent housing in 

another area and help them return to their 

hometowns, as desired, when additional 

permanent housing becomes available. It will 

also provide additional time to stabilize 

individuals and families in permanent 

housing where vacancy rates are 

extraordinarily low due to the disaster. 

Experience with prior disasters has shown us 

some program participants need additional 

months of rental assistance to identify and 

stabilize in housing of their choice, which 

can mean moving elsewhere until they are 

able to return to their hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One Year Lease Requirement 

• Regulation: 24 CFR 578.3, definition of 

permanent housing, 24 CFR 578.51(l)(1). 

Project/Activity: The one-year lease 

requirement is waived for two years 

beginning on the date of the issuance of the 

waiver for program participants living in a 

declared-disaster area or program 

participants displaced from a declareddisaster 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) 


ddrumheller on DSK120RN23PROD with NOTICES2
71418 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable only for cause. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of more than 

one month. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 

will improve the housing options available to 

program participants in permanent housing 

projects. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One-Time Limit on Moving Costs 

• Regulation: 24 CFR 578.53(e)(2). 

Project/Activity: The one-time limit on 

moving costs of program participants is 

waived for two years beginning on the date 

of the issuance of the waiver for program 

participants living in a declared-disaster area 

or program participants displaced from a 

declared-disaster area as a result of the 

disaster. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.53(e)(2) limits 

recipients of supportive service funds to 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by the disaster as well 

as those who become homeless in the areas 

impacted by the disaster to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by the disaster, and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Fair Market Rent (FMR) Cap on Rent 

Paid With Leasing Funds 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: The FMR restriction is 

waived for any lease executed by a recipient 

or subrecipient in declared-declared areas to 

provide transitional or permanent supportive 

housing during the 2-year period beginning 

on the date of the issuance of the waiver. The 

affected recipient or subrecipient must still 

ensure that rent paid for individual units that 

are leased with CoC Program leasing dollars 

meet the rent reasonableness standard in 24 

CFR 578.49(b)(2) meaning the rent paid must 

be reasonable in relation to rents being 

charged for comparable units, taking into 

account the location, size, type, quality, 

amenities, facilities, and management 

services. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.49(b)(2) prohibits a 

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the limit on using 

leasing funds to pay above FMR for 

individual units above FMR, but not greater 

than reasonable rent, will provide recipients 

and subrecipients with more flexibility in 

identifying housing options for program 

participants in declared-declared areas. The 

rental markets in areas impacted by disasters 

are often more expensive after the disaster 

due to decreased housing stock and increased 

rents. These more expensive rents are not 

reflected in the HUD-determined FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• Regulation: 24 CFR 578.103(a) and 24 

CFR 578.103(a)(4)(i)(B). 

Project/Activity: The requirement that 

intake-staff recorded observations of 

disability be confirmed and accompanied by 

other evidence no later than 45 days from the 

date of application for assistance is waived 

for any program participant admitted into 

PSH funded by the CoC program one-year 

from the date of the issuance of the waiver 

so long as (1) the intake-staff records 

observations of disability in the client file at 

time of application; or (2) the individual 

seeking assistance provides written 

certification that they have a qualifying 

disability is provided at time of application. 

Nature of Requirement: 24 CFR 578.103(a) 

requires recipient to maintain records 

providing evidence they met program 

requirements and 24 CFR 578.103(a)(4)(i)(B) 

establishes the requirements for documenting 

disability for individuals and families that 

meet the ‘‘chronically homeless’’ definition 

in 24 CFR 578.3. Acceptable evidence of 

disability includes intake-staff recorded 

observations of disability no later than 45 

days from the date of application for 

assistance, which is confirmed and 

accompanied by evidence in paragraphs 24 

CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). 

HUD is waiving the requirement to obtain 

additional evidence to confirm staff-recorded 

observations of disability. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the requirement 

to obtain additional evidence of disability as 

provided in 24 CFR 578.103(a)(4)(i)(B)(4)) as 

specified below will allow recipient to house 

people impacted by severe storms, straightline winds, and tornadoes in Tennessee by 

relying on intake staff-recorded observations 

of disability or a written self-certification by 

the program participant. This will help 

individuals and families with disabilities to 

expeditiously receive needed housing 

assistance when paperwork from the Social 

Security Administration or medical 

professionals cannot be quickly obtained. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

IV. Mega-Waiver for Tennessee Severe 

Storms, Straight-Line Winds, and 

Tornadoes—ESG 

On May 17, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

severe storms, straight-line winds, and 

tornadoes in areas of Tennessee covered by 

a major disaster declaration under Title IV of 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4698–AR, dated April 2, 2023, and as 

may be amended (the ‘‘declared-disaster 

areas’’). The following summarizes the 

waivers available for ESG Program 

Recipients. 

ESG—Term Limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71419 

Housing Relocation and Stabilization 

Services. 

Project/Activity: The 24-month limits on 

rental assistance and housing relocation and 

stabilization services are waived for 

individuals and families who meet both of 

the following criteria: (1) the individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of severe storms, straight-line winds, 

and tornadoes in Tennessee; and (2) the 

individual or family is currently receiving 

rental assistance or housing relocation 

stabilization services or begins receiving 

rental assistance or housing relocation and 

stabilization services within two years after 

the date of the issuance of the waiver. For 

these individuals and families, ESG funds 

may be used to provide up to 36 consecutive 

months of rental assistance, utility payments, 

and housing stability case management, in 

addition to the 30 days of housing stability 

case management that may be provided 

before the move into permanent housing 

under 24 CFR 576.105(b)(2). HUD will also 

consider further waiver requests to allow 

assistance to be provided for longer than 

three years, if the recipient demonstrates 

good cause. 

Nature of Requirement: The ESG regulation 

at 24 CFR 576.106(a) prohibits a program 

participant from receiving more than 24 

months of ESG rental assistance during any 

3-year period. Section 576.105(a)(5) prohibits 

a program participant from receiving more 

than 24 months of utility payments under 

ESG during any 3-year period. Section 

576.105(b)(2) limits the provision of housing 

stability case management to 30 days while 

the program participant is seeking permanent 

housing and 24 months while the program 

participant is living in permanent housing. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 

assistance will assist individuals and 

families, both those already receiving 

assistance and those who will receive 

assistance subsequent to the date of the 

issuance of the waiver to maintain stable 

permanent housing in place or in another 

area and help them return to their 

hometowns, as desired, when additional 

permanent housing is available. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• Regulation: 24 CFR 576.106(d)(1). 

Project/Activity: The FMR restriction is 

waived for any rent amount that takes effect 

during the two-year period beginning on the 

date of the issuance of the waiver for any 

individual or family who is renting or 

executes a lease for a unit in a declareddisaster area. However, the affected 

recipients and their subrecipients must still 

ensure that the units in which ESG assistance 

is provided to these individuals and families 

meet the rent reasonableness standard. HUD 

will consider requests to waive the FMR 

restriction for rent amounts that take effect 

after the two-year period, if a recipient 

demonstrates good cause. 

Nature of Requirement: Under 24 CFR 

576.106(d)(1), rental assistance cannot be 

provided unless the total rent is equal to or 

less than the FMR established by HUD, as 

provided under 24 CFR part 888, and 

complies with HUD’s standard of rent 

reasonableness, as established under 24 CFR 

982.507. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: HUD granted this waiver 

to enable ESG recipients to meet the critical 

housing needs of individuals and families 

whose housing was damaged or who were 

displaced as a result of severe storms, 

straight-line winds, and tornadoes in 

Tennessee. Waiving the FMR restriction will 

make more units available to individuals and 

families in need of permanent housing. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Housing Standards 

• Regulation: 24 CFR 576.403(c). 

Project/Activity: The ESG housing 

standards at 24 CFR 576.403(c) are waived 

for units in the declared disaster area that are 

or will be occupied by individuals or families 

eligible for ESG Rapid Re-housing or 

Homelessness Prevention assistance, 

provided that: (1) Each unit must still meet 

applicable state and local standards; (2) Each 

unit must be free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA); and (3) Recipients must make sure all 

units in which program participants are 

assisted meet the ESG housing standards 

within 60 days of the date of the issuance of 

the waiver. 

Nature of Requirement: If ESG funds are 

used to help a program participant remain in 

or move into housing, the housing must meet 

the minimum habitability standards provided 

in 24 CFR 576.403(c). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical housing needs of many eligible 

individuals and families in the declared 

disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Shelter Standards 

• Regulation: 24 CFR 576.403(b). 

Project/Activity: The ESG shelter standards 

at 24 CFR 576.403(b) are waived for shelters 

in the declared disaster area that are or will 

be occupied by individuals and families 

eligible for ESG emergency shelter assistance, 

provided that: (1) Each shelter must meet 

applicable state and local standards; (2) Each 

shelter must be free of life-threatening 

conditions defined in Notice PIH 2017–20 

(HA); and (3) Recipients ensure that these 

shelters. 

Nature of Requirement: If ESG funds are 

used for shelter operations costs, the shelter 

must meet the minimum safety, sanitation 

and privacy standards under 24 CFR 

576.403(b). If ESG funds are used to convert 

a building into a shelter, rehabilitation a 

shelter, or otherwise renovate a shelter, the 

shelter must meet the minimum safety, 

sanitation, and privacy standards in 24 CFR 

576.403(b) as well as applicable state or local 

government safety and sanitation standards. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical emergency shelter needs of many 

eligible individuals and families in the 

declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Limited Waiver of 24-Month 

Expenditure Deadline for Rapid Re-Housing 

and Homelessness Prevention Assistance and 

Related Administrative and HMIS Costs 

• 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: May 17, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline for costs of 

providing homelessness prevention and 


ddrumheller on DSK120RN23PROD with NOTICES2
71420 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

rapid re-housing assistance to individuals 

and families will support recipients’ ability 

to assist individuals and families as provided 

by other ESG program waivers related to this 

disaster. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 

Tennessee; (2) The individual or family is 

currently receiving ESG-funded rental 

assistance as the leaseholder or housing 

relocation stabilization services or begins 

receiving rental assistance or housing 

relocation stabilization services within two 

years after the date of the issuance of the 

waiver; (3) The individual or family chooses 

to rent a unit through a legally valid sublease 

or lease with the primary leaseholder for the 

unit; and (4) The recipient has developed 

written policies to apply the requirements of 

24 CFR 576.105, 24 CFR 576.106, 24 CFR 

576.409, and 24 CFR 576.500(h) with respect 

to that program participant by reading the 

references to ‘‘owner’’ and ‘‘housing owner’’ 

to apply to the primary leaseholder and 

reading the references to ‘‘lease’’ to apply to 

the program participant’s sublease or lease 

with the primary leaseholder. 

Nature of Requirement: The use of 

‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and 

576.106 prohibit program participants from 

receiving rental assistance under 24 CFR 

576.106 and certain services under 24 CFR 

576.105 with respect to units that program 

participants rent from a person other than the 

owner or the owner’s agent. Justification: By 

increasing the permissible housing options 

for program participations, this waiver would 

allow the recipient to meet the critical 

housing needs of more eligible individuals 

and families in the declared disaster area. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: By increasing the 

permissible housing options for program 

participations, this waiver would allow the 

recipient to meet the critical housing needs 

of more eligible individuals and families in 

the declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

V. Mega-Waiver for California Severe Winter 

Storms, Straight-Line Winds, Flooding, 

Landslides, and Mudslides—CoC 

On May 17, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

California severe winter storms, straight-line 

winds, flooding, landslides, and mudslides 

covered by a major disaster declaration under 

Title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act 

(Stafford Act), DR–4698–AR, dated April 3, 

2023, and as may be amended (the ‘‘declareddisaster 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 issuance of the waiver, the 24- 

month limit on rental assistance is waived for 

individuals and families who meet the 

following criteria. (1) The individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of the disaster; and (2) the individual 

or family is currently receiving rental 

assistance or begins receiving rental 

assistance within two years after the date of 

the issuance of the waiver. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.37(a)(1)(ii) and 24 

CFR 578.51(a)(1)(i) defines medium-term 

rental assistance as 3 to 24 months and 24 

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

578.37(a)(1)(ii)(C) limits rapid re-housing 

projects to medium-term rental assistance, or 

no more than 24 months. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by the 

disaster, including those already receiving 

rental assistance as well as those who will 

receive rental assistance within 2 years of the 

date of the issuance of the waiver, to 

maintain stable permanent housing in 

another area and help them return to their 

hometowns, as desired, when additional 

permanent housing becomes available. It will 

also provide additional time to stabilize 

individuals and families in permanent 

housing where vacancy rates are 

extraordinarily low due to the disaster. 

Experience with prior disasters has shown us 

some program participants need additional 

months of rental assistance to identify and 

stabilize in housing of their choice, which 

can mean moving elsewhere until they are 

able to return to their hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One Year Lease Requirement 

• Regulation: 24 CFR 578.3, definition of 

permanent housing, 24 CFR 578.51(l)(1). 

Project/Activity: The one-year lease 

requirement is waived for two years 

beginning on the date of the issuance of the 

waiver for program participants living in a 

declared-disaster area or program 

participants displaced from a declareddisaster area as a result of the disaster, so 

long as the initial lease term of all leases is 

for more than one month, and the leases are 

renewable for terms that are a minimum of 

one month long and the leases are terminable 

only for cause. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.3, definition of 

permanent housing, and 24 CFR 578.51(l)(1) 

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable only for cause. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of more than 

one month. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 

will improve the housing options available to 

program participants in permanent housing 

projects. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One-Time Limit on Moving Costs 

• Regulation: 24 CFR 578.53(e)(2). 

Project/Activity: The one-time limit on 

moving costs of program participants is 

waived for two years beginning on the date 

of the issuance of the waiver for program 

participants living in a declared-disaster area 

or program participants displaced from a 

declared-disaster area as a result of the 

disaster. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.53(e)(2) limits 

recipients of supportive service funds to 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71421 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by the disaster as well 

as those who become homeless in the areas 

impacted by the disaster to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by the disaster, and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Fair Market Rent (FMR) Cap on Rent 

Paid With Leasing Funds 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: The FMR restriction is 

waived for any lease executed by a recipient 

or subrecipient in declared-declared areas to 

provide transitional or permanent supportive 

housing during the 2-year period beginning 

on the date of the issuance of the waiver. The 

affected recipient or subrecipient must still 

ensure that rent paid for individual units that 

are leased with CoC Program leasing dollars 

meet the rent reasonableness standard in 24 

CFR 578.49(b)(2) meaning the rent paid must 

be reasonable in relation to rents being 

charged for comparable units, taking into 

account the location, size, type, quality, 

amenities, facilities, and management 

services. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.49(b)(2) prohibits a 

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the limit on using 

leasing funds to pay above FMR for 

individual units above FMR, but not greater 

than reasonable rent, will provide recipients 

and subrecipients with more flexibility in 

identifying housing options for program 

participants in declared-declared areas. The 

rental markets in areas impacted by disasters 

are often more expensive after the disaster 

due to decreased housing stock and increased 

rents. These more expensive rents are not 

reflected in the HUD-determined FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• Regulation: 24 CFR 578.103(a) and 24 

CFR 578.103(a)(4)(i)(B). 

Project/Activity: The requirement that 

intake-staff recorded observations of 

disability be confirmed and accompanied by 

other evidence no later than 45 days from the 

date of application for assistance is waived 

for any program participant admitted into 

PSH funded by the CoC program one-year 

from the date of the issuance of the waiver 

so long as (1) the intake-staff records 

observations of disability in the client file at 

time of application; or (2) the individual 

seeking assistance provides written 

certification that they have a qualifying 

disability is provided at time of application. 

Nature of Requirement: 24 CFR 578.103(a) 

requires recipient to maintain records 

providing evidence they met program 

requirements and 24 CFR 578.103(a)(4)(i)(B) 

establishes the requirements for documenting 

disability for individuals and families that 

meet the ‘‘chronically homeless’’ definition 

in 24 CFR 578.3. Acceptable evidence of 

disability includes intake-staff recorded 

observations of disability no later than 45 

days from the date of application for 

assistance, which is confirmed and 

accompanied by evidence in paragraphs 24 

CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). 

HUD is waiving the requirement to obtain 

additional evidence to confirm staff-recorded 

observations of disability. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the requirement 

to obtain additional evidence of disability as 

provided in 24 CFR 578.103(a)(4)(i)(B)(4)) as 

specified below will allow recipient to house 

people impacted from severe winter storms, 

straight-line winds, flooding, landslides, and 

mudslides in California by relying on intake 

staff-recorded observations of disability or a 

written self-certification by the program 

participant. This will help individuals and 

families with disabilities to expeditiously 

receive needed housing assistance when 

paperwork from the Social Security 

Administration or medical professionals 

cannot be quickly obtained. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

VI. Mega-Waiver for California Severe Winter 

Storms, Straight-Line Winds, Flooding, 

Landslides, and Mudslides—Esg 

On May 17, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

severe winter storms, straight-line winds, 

flooding, landslides, and mudslides in areas 

of California covered by a major disaster 

declaration under Title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4698–AR, 

dated April 2, 2023, and as may be amended 

(the ‘‘declared-disaster areas’’). The following 

summarizes the waivers available for ESG 

Program Recipients. 

ESG—Term Limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services 

• Regulation: 24 CFR 576.106(a); 24 CFR 

576.105(a)(5); and 24 CFR 576.105(b)(2)— 

Term limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services. 

Project/Activity: The 24-month limits on 

rental assistance and housing relocation and 

stabilization services are waived for 

individuals and families who meet both of 

the following criteria: (1) the individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of severe winter storms, straight-line 

winds, flooding, landslides, and mudslides 

in California; and (2) the individual or family 

is currently receiving rental assistance or 

housing relocation stabilization services or 

begins receiving rental assistance or housing 

relocation and stabilization services within 

two years after the date of the issuance of the 

waiver. For these individuals and families, 

ESG funds may be used to provide up to 36 

consecutive months of rental assistance, 

utility payments, and housing stability case 

management, in addition to the 30 days of 

housing stability case management that may 

be provided before the move into permanent 

housing under 24 CFR 576.105(b)(2). HUD 

will also consider further waiver requests to 

allow assistance to be provided for longer 

than three years, if the recipient 

demonstrates good cause. 

Nature of Requirement: The ESG regulation 

at 24 CFR 576.106(a) prohibits a program 

participant from receiving more than 24 

months of ESG rental assistance during any 

3-year period. Section 576.105(a)(5) prohibits 

a program participant from receiving more 

than 24 months of utility payments under 

ESG during any 3-year period. Section 

576.105(b)(2) limits the provision of housing 

stability case management to 30 days while 

the program participant is seeking permanent 

housing and 24 months while the program 

participant is living in permanent housing. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 


ddrumheller on DSK120RN23PROD with NOTICES2
71422 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 

issuance of the waiver to maintain stable 

permanent housing in place or in another 

area and help them return to their 

hometowns, as desired, when additional 

permanent housing is available. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• Regulation: 24 CFR 576.106(d)(1). 

Project/Activity: The FMR restriction is 

waived for any rent amount that takes effect 

during the two-year period beginning on the 

date of the issuance of the waiver for any 

individual or family who is renting or 

executes a lease for a unit in a declareddisaster area. However, the affected 

recipients and their subrecipients must still 

ensure that the units in which ESG assistance 

is provided to these individuals and families 

meet the rent reasonableness standard. HUD 

will consider requests to waive the FMR 

restriction for rent amounts that take effect 

after the two-year period, if a recipient 

demonstrates good cause. 

Nature of Requirement: Under 24 CFR 

576.106(d)(1), rental assistance cannot be 

provided unless the total rent is equal to or 

less than the FMR established by HUD, as 

provided under 24 CFR part 888, and 

complies with HUD’s standard of rent 

reasonableness, as established under 24 CFR 

982.507. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: HUD granted this waiver 

to enable ESG recipients to meet the critical 

housing needs of individuals and families 

whose housing was damaged or who were 

displaced as a result of severe winter storms, 

straight-line winds, flooding, landslides, and 

mudslides in California. Waiving the FMR 

restriction will make more units available to 

individuals and families in need of 

permanent housing. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Housing Standards 

• Regulation: 24 CFR 576.403(c). 

Project/Activity: The ESG housing 

standards at 24 CFR 576.403(c) are waived 

for units in the declared disaster area that are 

or will be occupied by individuals or families 

eligible for ESG Rapid Re-housing or 

Homelessness Prevention assistance, 

provided that: (1) Each unit must still meet 

applicable state and local standards; (2) Each 

unit must be free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA); and (3) Recipients must make sure all 

units in which program participants are 

assisted meet the ESG housing standards 

within 60 days of the date of the issuance of 

the waiver. 

Nature of Requirement: If ESG funds are 

used to help a program participant remain in 

or move into housing, the housing must meet 

the minimum habitability standards provided 

in 24 CFR 576.403(c). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical housing needs of many eligible 

individuals and families in the declared 

disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Shelter Standards 

• Regulation: 24 CFR 576.403(b). 

Project/Activity: The ESG shelter standards 

at 24 CFR 576.403(b) are waived for shelters 

in the declared disaster area that are or will 

be occupied by individuals and families 

eligible for ESG emergency shelter assistance, 

provided that: (1) Each shelter must meet 

applicable state and local standards; (2) Each 

shelter must be free of life-threatening 

conditions defined in Notice PIH 2017–20 

(HA); and (3) Recipients ensure that these 

shelters. 

Nature of Requirement: If ESG funds are 

used for shelter operations costs, the shelter 

must meet the minimum safety, sanitation 

and privacy standards under 24 CFR 

576.403(b). If ESG funds are used to convert 

a building into a shelter, rehabilitation a 

shelter, or otherwise renovate a shelter, the 

shelter must meet the minimum safety, 

sanitation, and privacy standards in 24 CFR 

576.403(b) as well as applicable state or local 

government safety and sanitation standards. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical emergency shelter needs of many 

eligible individuals and families in the 

declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Limited Waiver of 24-Month 

Expenditure Deadline for Rapid Re-Housing 

and Homelessness Prevention Assistance and 

Related Administrative and HMIS Costs 

• 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: May 17, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline for costs of 

providing homelessness prevention and 

rapid re-housing assistance to individuals 

and families will support recipients’ ability 

to assist individuals and families as provided 

by other ESG program waivers related to this 

disaster. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 

winter storms, straight-line winds, flooding, 

landslides, and mudslides in California; (2). 

The individual or family is currently 

receiving ESG-funded rental assistance as the 

leaseholder or housing relocation 

stabilization services or begins receiving 

rental assistance or housing relocation 

stabilization services within two years after 

the date of the issuance of the waiver; (3). 

The individual or family chooses to rent a 

unit through a legally valid sublease or lease 

with the primary leaseholder for the unit; 

and (4). The recipient has developed written 

policies to apply the requirements of 24 CFR 

576.105, 24 CFR 576.106, 24 CFR 576.409, 

and 24 CFR 576.500(h) with respect to that 

program participant by reading the references 

to ‘‘owner’’ and ‘‘housing owner’’ to apply to 

the primary leaseholder and reading the 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71423 

references to ‘‘lease’’ to apply to the program 

participant’s sublease or lease with the 

primary leaseholder. 

Nature of Requirement: The use of 

‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and 

576.106 prohibit program participants from 

receiving rental assistance under 24 CFR 

576.106 and certain services under 24 CFR 

576.105 with respect to units that program 

participants rent from a person other than the 

owner or the owner’s agent. Justification: By 

increasing the permissible housing options 

for program participations, this waiver would 

allow the recipient to meet the critical 

housing needs of more eligible individuals 

and families in the declared disaster area. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: May 17, 2023. 

Reason Waived: By increasing the 

permissible housing options for program 

participations, this waiver would allow the 

recipient to meet the critical housing needs 

of more eligible individuals and families in 

the declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

VII. Mega-Waiver for Guam Typhoon 

Mawar—CoC 

On June 26, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Typhoon Mawar in areas covered by a major 

disaster declaration under Title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4715–GU, dated May 25, 2023, and as 

may be amended (the ‘‘declared-disaster 

areas’’). The following summarizes the 

waivers available for CoC Program 

Recipients. 

CoC—Permanent Housing Rapid Re-Housing 

Limit to 24 Months of Rental Assistance 

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

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

578.51(a)(1)(i). 

Project/Activity: For two years from the 

date of the issuance of the waiver, the 24- 

month limit on rental assistance is waived for 

individuals and families who meet the 

following criteria. (1) The individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of the disaster; and (2) the individual 

or family is currently receiving rental 

assistance or begins receiving rental 

assistance within two years after the date of 

the issuance of the waiver. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.37(a)(1)(ii) and 24 

CFR 578.51(a)(1)(i) defines medium-term 

rental assistance as 3 to 24 months and 24 

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

578.37(a)(1)(ii)(C) limits rapid re-housing 

projects to medium-term rental assistance, or 

no more than 24 months. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by the 

disaster, including those already receiving 

rental assistance as well as those who will 

receive rental assistance within 2 years of the 

date of the issuance of the waiver, to 

maintain stable permanent housing in 

another area and help them return to their 

hometowns, as desired, when additional 

permanent housing becomes available. It will 

also provide additional time to stabilize 

individuals and families in permanent 

housing where vacancy rates are 

extraordinarily low due to the disaster. 

Experience with prior disasters has shown us 

some program participants need additional 

months of rental assistance to identify and 

stabilize in housing of their choice, which 

can mean moving elsewhere until they are 

able to return to their hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One Year Lease Requirement 

• Regulation: 24 CFR 578.3, definition of 

permanent housing, 24 CFR 578.51(l)(1). 

Project/Activity: The one-year lease 

requirement is waived for two years 

beginning on the date of the issuance of the 

waiver for program participants living in a 

declared-disaster area or program 

participants displaced from a declareddisaster area as a result of the disaster, so 

long as the initial lease term of all leases is 

for more than one month, and the leases are 

renewable for terms that are a minimum of 

one month long and the leases are terminable 

only for cause. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.3, definition of 

permanent housing, and 24 CFR 578.51(l)(1) 

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable only for cause. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of more than 

one month. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 

will improve the housing options available to 

program participants in permanent housing 

projects. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—One-Time Limit on Moving Costs 

• Regulation: 24 CFR 578.53(e)(2). 

Project/Activity: The one-time limit on 

moving costs of program participants is 

waived for two years beginning on the date 

of the issuance of the waiver for program 

participants living in a declared-disaster area 

or program participants displaced from a 

declared-disaster area as a result of the 

disaster. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.53(e)(2) limits 

recipients of supportive service funds to 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by the disaster as well 

as those who become homeless in the areas 

impacted by the disaster to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by the disaster, and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Fair Market Rent (FMR) Cap on Rent 

Paid With Leasing Funds 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES2
71424 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

on the date of the issuance of the waiver. The 

affected recipient or subrecipient must still 

ensure that rent paid for individual units that 

are leased with CoC Program leasing dollars 

meet the rent reasonableness standard in 24 

CFR 578.49(b)(2) meaning the rent paid must 

be reasonable in relation to rents being 

charged for comparable units, taking into 

account the location, size, type, quality, 

amenities, facilities, and management 

services. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.49(b)(2) prohibits a 

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving the limit on using 

leasing funds to pay above FMR for 

individual units above FMR, but not greater 

than reasonable rent, will provide recipients 

and subrecipients with more flexibility in 

identifying housing options for program 

participants in declared-declared areas. The 

rental markets in areas impacted by disasters 

are often more expensive after the disaster 

due to decreased housing stock and increased 

rents. These more expensive rents are not 

reflected in the HUD-determined FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

CoC—Disability Documentation for 

Permanent Supportive Housing (PSH) 

• Regulation: 24 CFR 578.103(a) and 24 

CFR 578.103(a)(4)(i)(B). 

Project/Activity: The requirement that 

intake-staff recorded observations of 

disability be confirmed and accompanied by 

other evidence no later than 45 days from the 

date of application for assistance is waived 

for any program participant admitted into 

PSH funded by the CoC program one-year 

from the date of the issuance of the waiver 

so long as (1) the intake-staff records 

observations of disability in the client file at 

time of application; or (2) the individual 

seeking assistance provides written 

certification that they have a qualifying 

disability is provided at time of application. 

Nature of Requirement: 24 CFR 578.103(a) 

requires recipient to maintain records 

providing evidence they met program 

requirements and 24 CFR 578.103(a)(4)(i)(B) 

establishes the requirements for documenting 

disability for individuals and families that 

meet the ‘‘chronically homeless’’ definition 

in 24 CFR 578.3. Acceptable evidence of 

disability includes intake-staff recorded 

observations of disability no later than 45 

days from the date of application for 

assistance, which is confirmed and 

accompanied by evidence in paragraphs 24 

CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). 

HUD is waiving the requirement to obtain 

additional evidence to confirm staff-recorded 

observations of disability. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving the requirement 

to obtain additional evidence of disability as 

provided in 24 CFR 578.103(a)(4)(i)(B)(4)) as 

specified below will allow recipient to house 

people impacted by Typhoon Mawar by 

relying on intake staff-recorded observations 

of disability or a written self-certification by 

the program participant. This will help 

individuals and families with disabilities to 

expeditiously receive needed housing 

assistance when paperwork from the Social 

Security Administration or medical 

professionals cannot be quickly obtained. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

VIII. Mega-Waiver for Guam Typhoon 

Mawar—ESG 

On June 26, 2023, Principal Deputy 

Assistant Secretary Marion McFadden issued 

a memorandum offering waivers of certain 

statutory and regulatory requirements 

associated with several Community Planning 

and Development (CPD) grant programs to 

address damage and facilitate recovery from 

Typhoon Mawar in areas covered by a major 

disaster declaration under Title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

DR–4715–GU, dated May 25, 2023, and as 

may be amended (the ‘‘declared-disaster 

areas’’). The following summarizes the 

waivers available for ESG Program 

Recipients. 

ESG—Term Limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services 

• Regulation: 24 CFR 576.106(a); 24 CFR 

576.105(a)(5); and 24 CFR 576.105(b)(2)— 

Term limits on Rental Assistance and 

Housing Relocation and Stabilization 

Services. 

Project/Activity: The 24-month limits on 

rental assistance and housing relocation and 

stabilization services are waived for 

individuals and families who meet both of 

the following criteria: (1) the individual or 

family lives in a declared-disaster area or was 

displaced from a declared-disaster area as a 

result of Typhoon Mawar; and (2) the 

individual or family is currently receiving 

rental assistance or housing relocation 

stabilization services or begins receiving 

rental assistance or housing relocation and 

stabilization services within two years after 

the date of the issuance of the waiver. For 

these individuals and families, ESG funds 

may be used to provide up to 36 consecutive 

months of rental assistance, utility payments, 

and housing stability case management, in 

addition to the 30 days of housing stability 

case management that may be provided 

before the move into permanent housing 

under 24 CFR 576.105(b)(2). HUD will also 

consider further waiver requests to allow 

assistance to be provided for longer than 

three years, if the recipient demonstrates 

good cause. 

Nature of Requirement: The ESG regulation 

at 24 CFR 576.106(a) prohibits a program 

participant from receiving more than 24 

months of ESG rental assistance during any 

3-year period. Section 576.105(a)(5) prohibits 

a program participant from receiving more 

than 24 months of utility payments under 

ESG during any 3-year period. Section 

576.105(b)(2) limits the provision of housing 

stability case management to 30 days while 

the program participant is seeking permanent 

housing and 24 months while the program 

participant is living in permanent housing. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 

assistance will assist individuals and 

families, both those already receiving 

assistance and those who will receive 

assistance subsequent to the date of the 

issuance of the waiver to maintain stable 

permanent housing in place or in another 

area and help them return to their 

hometowns, as desired, when additional 

permanent housing is available. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Restriction of Rental Assistance to 

Units With Rent at or Below Fair Market Rent 

(FMR) 

• Regulation: 24 CFR 576.106(d)(1). 

Project/Activity: The FMR restriction is 

waived for any rent amount that takes effect 

during the two-year period beginning on the 

date of the issuance of the waiver for any 

individual or family who is renting or 

executes a lease for a unit in a declareddisaster area. However, the affected 

recipients and their subrecipients must still 

ensure that the units in which ESG assistance 

is provided to these individuals and families 

meet the rent reasonableness standard. HUD 

will consider requests to waive the FMR 

restriction for rent amounts that take effect 

after the two-year period, if a recipient 

demonstrates good cause. 

Nature of Requirement: Under 24 CFR 

576.106(d)(1), rental assistance cannot be 

provided unless the total rent is equal to or 

less than the FMR established by HUD, as 

provided under 24 CFR part 888, and 

complies with HUD’s standard of rent 

reasonableness, as established under 24 CFR 

982.507. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: HUD granted this waiver 

to enable ESG recipients to meet the critical 

housing needs of individuals and families 

whose housing was damaged or who were 

displaced as a result of Typhoon Mawar. 

Waiving the FMR restriction will make more 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71425 

units available to individuals and families in 

need of permanent housing. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Housing Standards 

• Regulation: 24 CFR 576.403(c). 

Project/Activity: The ESG housing 

standards at 24 CFR 576.403(c) are waived 

for units in the declared disaster area that are 

or will be occupied by individuals or families 

eligible for ESG Rapid Re-housing or 

Homelessness Prevention assistance, 

provided that: (1) Each unit must still meet 

applicable state and local standards; (2) Each 

unit must be free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA); and (3) Recipients must make sure all 

units in which program participants are 

assisted meet the ESG housing standards 

within 60 days of the date of the issuance of 

the waiver. 

Nature of Requirement: If ESG funds are 

used to help a program participant remain in 

or move into housing, the housing must meet 

the minimum habitability standards provided 

in 24 CFR 576.403(c). 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical housing needs of many eligible 

individuals and families in the declared 

disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Shelter Standards 

• Regulation: 24 CFR 576.403(b). 

Project/Activity: The ESG shelter standards 

at 24 CFR 576.403(b) are waived for shelters 

in the declared disaster area that are or will 

be occupied by individuals and families 

eligible for ESG emergency shelter assistance, 

provided that: (1) Each shelter must meet 

applicable state and local standards; (2) Each 

shelter must be free of life-threatening 

conditions defined in Notice PIH 2017–20 

(HA); and (3) Recipients ensure that these 

shelters 

Nature of Requirement: If ESG funds are 

used for shelter operations costs, the shelter 

must meet the minimum safety, sanitation 

and privacy standards under 24 CFR 

576.403(b). If ESG funds are used to convert 

a building into a shelter, rehabilitation a 

shelter, or otherwise renovate a shelter, the 

shelter must meet the minimum safety, 

sanitation, and privacy standards in 24 CFR 

576.403(b) as well as applicable state or local 

government safety and sanitation standards. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical emergency shelter needs of many 

eligible individuals and families in the 

declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Limited Waiver of 24-Month 

Expenditure Deadline for Rapid Re-Housing 

and Homelessness Prevention Assistance and 

Related Administrative and HMIS Costs 

• 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: June 26, 2023. 

Reason Waived: Providing a limited waiver 

of the expenditure deadline for costs of 

providing homelessness prevention and 

rapid re-housing assistance to individuals 

and families will support recipients’ ability 

to assist individuals and families as provided 

by other ESG program waivers related to this 

disaster. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

ESG—Assisting Program Participants With 

Subleases 

• 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 Typhoon 

Mawar; (2) The individual or family is 

currently receiving ESG-funded rental 

assistance as the leaseholder or housing 

relocation stabilization services or begins 

receiving rental assistance or housing 

relocation stabilization services within two 

years after the date of the issuance of the 

waiver; (3) The individual or family chooses 

to rent a unit through a legally valid sublease 

or lease with the primary leaseholder for the 

unit; and (4). The recipient has developed 

written policies to apply the requirements of 

24 CFR 576.105, 24 CFR 576.106, 24 CFR 

576.409, and 24 CFR 576.500(h) with respect 

to that program participant by reading the 

references to ‘‘owner’’ and ‘‘housing owner’’ 

to apply to the primary leaseholder and 

reading the references to ‘‘lease’’ to apply to 

the program participant’s sublease or lease 

with the primary leaseholder. 

Nature of Requirement: The use of 

‘‘owner’’ and ‘‘lease’’ in 24 CFR 576.105 and 

576.106 prohibit program participants from 

receiving rental assistance under 24 CFR 

576.106 and certain services under 24 CFR 

576.105 with respect to units that program 

participants rent from a person other than the 

owner or the owner’s agent. Justification: By 

increasing the permissible housing options 

for program participations, this waiver would 

allow the recipient to meet the critical 

housing needs of more eligible individuals 

and families in the declared disaster area. 

Granted By: Marion McFadden, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: June 26, 2023. 

Reason Waived: By increasing the 

permissible housing options for program 

participations, this waiver would allow the 

recipient to meet the critical housing needs 

of more eligible individuals and families in 

the declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

II. Regulatory Waivers Granted by the Office 

of Public and Indian Housing 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES2
71426 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

certain regulatory waivers that were 

originally offered as part of the CARES Act 

waivers in Notice PIH 2021–14 to provide 

continued flexibility during the pandemic 

and pandemic recovery. HUD expeditiously 

responded to these waiver request in 

accordance with Section 106 of the 

Department of Housing and Urban 

Development Reform Act of 1989. 

Granted By: Dominique Blom, General 

Deputy Assistant for Public and Indian 

Housing. 

Contact: Tesia Anyanaso, Office of Field 

Operations/Coordination and Compliance 

Division, Office of Public and Indian 

Housing, 451 7th St. SW, Suite 3180, 

Washington, DC 20410–5000, or email to 

PIH_Expedited_Waivers@hud.gov. 

PHAs Date granted 

Selma Housing Authority ..................................................................................................................................................................... 6/9/2023 

Arkadelphia Housing Authority ............................................................................................................................................................ 6/9/2023 

Hot Springs Housing Authority ............................................................................................................................................................ 6/9/2023 

Conway County Housing Authority ...................................................................................................................................................... 5/18/2023 

St. Francis County Housing Authority ................................................................................................................................................. 5/18/2023 

Housing Authority of the City of Hawaiian Gardens ........................................................................................................................... 5/16/2023 

Housing Authority of Pompano Beach ................................................................................................................................................ 4/11/2023 

County of Maui .................................................................................................................................................................................... 5/18/2023 

Housing Authority of the City of Richmond ......................................................................................................................................... 6/9/2023 

Housing Authority of the City of New Albany ...................................................................................................................................... 4/11/2023 

Housing Authority of the City of Tell City ............................................................................................................................................ 6/9/2023 

Housing Authority of the City of Jeffersonville .................................................................................................................................... 6/9/2023 

Linton Housing Authority ..................................................................................................................................................................... 4/24/2023 

Indiana Housing And Community Development Au ............................................................................................................................ 6/9/2023 

Topeka Housing Authority ................................................................................................................................................................... 4/24/2023 

Laurel County Section 8 Housing ........................................................................................................................................................ 5/9/2023 

Housing Authority of the City of Annapolis ......................................................................................................................................... 6/9/2023 

Kent County Housing Commission ...................................................................................................................................................... 5/30/2023 

HRA of Fergus Falls, Minnesota ......................................................................................................................................................... 5/9/2023 

Stevens County HRA ........................................................................................................................................................................... 5/9/2023 

Lafayette County Housing Authority .................................................................................................................................................... 5/30/2023 

Isothermal Planning & Development Commission .............................................................................................................................. 5/18/2023 

Housing Authority of Cass County ...................................................................................................................................................... 6/9/2023 

Norfolk Housing Agency ...................................................................................................................................................................... 4/11/2023 

Brick Housing Authority ....................................................................................................................................................................... 4/24/2023 

West Orange Housing Authority .......................................................................................................................................................... 6/9/2023 

Santa Fe Civic Housing Authority ....................................................................................................................................................... 5/30/2023 

Southern Nevada Regional Housing Authority .................................................................................................................................... 4/11/2023 

Glens Falls Housing Authority ............................................................................................................................................................. 6/9/2023 

Knox Metropolitan Housing Authority .................................................................................................................................................. 5/18/2023 

Municipality of San Juan ..................................................................................................................................................................... 4/24/2023 

Municipality of Guayanilla .................................................................................................................................................................... 4/11/2023 

Jackson Housing Authority .................................................................................................................................................................. 4/11/2023 

Etowah Housing Authority ................................................................................................................................................................... 5/18/2023 

Logan City Housing Authority .............................................................................................................................................................. 6/9/2023 

CDA of the City of West Allis .............................................................................................................................................................. 5/9/2023 

Grand Junction Housing Authority ....................................................................................................................................................... 6/30/2023 

Central Iowa Regional Housing Authority ........................................................................................................................................... 6/30/2023 

Westfield Housing Authority ................................................................................................................................................................ 6/30/2023 

Housing Authority of the City of Camden ............................................................................................................................................ 6/30/2023 

Wayne Metropolitan Housing Authority ............................................................................................................................................... 6/30/2023 

Morrow Metropolitan Housing Authority .............................................................................................................................................. 6/30/2023 

Housing Authority of the County of Lycoming ..................................................................................................................................... 6/30/2023 

Bear River Regional Housing Authority ............................................................................................................................................... 6/30/2023 

Sheboygan Housing Authority ............................................................................................................................................................. 6/30/2023 

• Regulation: 24 CFR 982.503(b) Voucher 

Tenancy: New Payment Standard Amount. 

Project/Activity: Notice PIH 2022–30 

Extension of Certain Regulatory Waivers for 

the Housing Choice Voucher (including 

Mainstream) Program and Streamlined 

Review Process. 

Nature of Requirement: PHAs may request 

an extension of expedited waiver(s) to allow 

for establishment of payment standards from 

111 to 120 percent of the FMR. 

Reason Waived: Extension for PHAs that 

were granted to the opportunity to apply for 

certain regulatory waivers that were 

originally offered as part of the CARES Act 

waivers in Notice PIH 2021–14 to provide 

continued flexibility during the pandemic 

and pandemic recovery. HUD expeditiously 

responded to these waiver request in 

accordance with Section 106 of the 

Department of Housing and Urban 

Development Reform Act of 1989. 

Granted By: Dominique Blom, General 

Deputy Assistant for Public and Indian 

Housing. 

Contact: Tesia Anyanaso, Office of Field 

Operations/Coordination and Compliance 

Division, Office of Public and Indian 

Housing, 451 7th St. SW, Suite 3180, 

Washington, DC 20410–5000, or email to 

PIH_Expedited_Waivers@hud.gov. 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71427 

PHAs Date granted 

Selma Housing Authority ..................................................................................................................................................................... 6/9/2023 

Arkadelphia Housing Authority ............................................................................................................................................................ 6/9/2023 

Little River County Housing Authority ................................................................................................................................................. 5/30/2023 

Hot Springs Housing Authority ............................................................................................................................................................ 6/9/2023 

Wynne Housing Authority .................................................................................................................................................................... 4/24/2023 

Jonesboro Urban Renewal HA ............................................................................................................................................................ 5/9/2023 

Conway County Housing Authority ...................................................................................................................................................... 5/18/2023 

St. Francis County Housing Authority ................................................................................................................................................. 5/18/2023 

City of Oceanside Community Development Comm ........................................................................................................................... 4/24/2023 

Housing Authority of the City of Hawaiian Gardens ........................................................................................................................... 5/9/2023 

Housing Authority of the City of Lakeland ........................................................................................................................................... 6/14/2023 

Housing Authority of Pompano Beach ................................................................................................................................................ 4/11/2023 

Housing Authority of the County of Dekalb, GA ................................................................................................................................. 4/24/2023 

Eastern Iowa Regional Housing Authority ........................................................................................................................................... 5/18/2023 

Housing Authority of the City of Bloomington, IL ................................................................................................................................ 4/24/2023 

Housing Authority of the County of McLean, Ill .................................................................................................................................. 4/24/2023 

Housing Authority of the City of Richmond ......................................................................................................................................... 6/9/2023 

Housing Authority of the City of New Albany ...................................................................................................................................... 4/11/2023 

Housing Authority of the City of Tell City ............................................................................................................................................ 6/9/2023 

Housing Authority of the City of Jeffersonville .................................................................................................................................... 6/9/2023 

Linton Housing Authority ..................................................................................................................................................................... 4/24/2023 

Indiana Housing And Community Development Au ............................................................................................................................ 6/9/2023 

Topeka Housing Authority ................................................................................................................................................................... 4/24/2023 

Housing Authority of Mayfield .............................................................................................................................................................. 4/11/2023 

Housing Authority of Springfield .......................................................................................................................................................... 5/30/2023 

Laurel County Section 8 Housing ........................................................................................................................................................ 5/9/2023 

HRA of Fergus Falls, Minnesota ......................................................................................................................................................... 5/9/2023 

Stevens County HRA ........................................................................................................................................................................... 5/9/2023 

Housing Authority of Kansas City, Missouri ........................................................................................................................................ 5/18/2023 

Lee’s Summit Housing Authority ......................................................................................................................................................... 5/18/2023 

Lafayette County Housing Authority .................................................................................................................................................... 5/30/2023 

Isothermal Planning & Development Commission .............................................................................................................................. 5/18/2023 

Omaha Housing Authority ................................................................................................................................................................... 4/11/2023 

Douglas County Housing Authority ..................................................................................................................................................... 5/30/2023 

Norfolk Housing Agency ...................................................................................................................................................................... 4/11/2023 

West Central Nebraska Joint Housing Authority ................................................................................................................................. 4/11/2023 

Housing Authority of the City of Orange ............................................................................................................................................. 5/18/2023 

Irvington Housing Authority ................................................................................................................................................................. 6/9/2023 

Brick Housing Authority ....................................................................................................................................................................... 4/24/2023 

West Orange Housing Authority .......................................................................................................................................................... 6/9/2023 

Santa Fe Civic Housing Authority ....................................................................................................................................................... 5/30/2023 

Glens Falls Housing Authority ............................................................................................................................................................. 6/9/2023 

Town of Brookhaven HCDIA ............................................................................................................................................................... 5/18/2023 

Boonville Housing Authority ................................................................................................................................................................. 5/18/2023 

Knox Metropolitan Housing Authority .................................................................................................................................................. 5/18/2023 

Logan County Metropolitan Housing Authority .................................................................................................................................... 5/9/2023 

Fayette County Housing Authority ....................................................................................................................................................... 5/18/2023 

Housing Authority of the County of Chester ....................................................................................................................................... 4/11/2023 

Housing Authority of the County of Bedford ....................................................................................................................................... 5/18/2023 

Jackson Housing Authority .................................................................................................................................................................. 4/11/2023 

Etowah Housing Authority ................................................................................................................................................................... 5/18/2023 

Housing Authority of the City of Pearsall ............................................................................................................................................ 5/18/2023 

Cedar City Housing Authority .............................................................................................................................................................. 5/9/2023 

HA of Island County ............................................................................................................................................................................ 4/24/2023 

Mauston Housing Authority ................................................................................................................................................................. 4/11/2023 

Grand Junction Housing Authority ....................................................................................................................................................... 6/30/2023 

Housing Authority of the City of Lakeland ........................................................................................................................................... 6/14/2023 

Housing Authority of the City of Homestead ....................................................................................................................................... 6/30/2023 

Collier County Housing Authority ........................................................................................................................................................ 6/27/2023 

Westfield Housing Authority ................................................................................................................................................................ 6/30/2023 

Rice County HRA ................................................................................................................................................................................ 6/30/2023 

Housing Authority of the City of Camden ............................................................................................................................................ 6/30/2023 

Wayne Metropolitan Housing Authority ............................................................................................................................................... 6/30/2023 

Morrow Metropolitan Housing Authority .............................................................................................................................................. 6/30/2023 

Sheboygan Housing Authority ............................................................................................................................................................. 6/30/2023 

• Regulation: 24 CFR 982.503(c) (HUD 

approval of exception payment standard 

amount). 

Project/Activity: FR–6301–N–01 Regulatory 

and Administrative Requirement Waivers 

and Flexibilities Available to HUD Public 

Housing and Section 8 During CY 2022 and 

CY 2023 to Public Housing Agencies to 

Assist with Recovery and Relief Efforts on 

Behalf of Families Affected by Presidentially 

Declared Disasters. 

Reason Waived: HUD’s expedited process 

for waivers and flexibilities from HUD 

regulatory and administrative requirements 

(‘‘HUD requirements’’) during Presidentially 

Declared Disasters (PDDs). To respond to 

PDDs, this notice establishes an expedited 


ddrumheller on DSK120RN23PROD with NOTICES2
71428 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, 451 7th St. SW, Suite 3180, 

Washington, DC 20410–5000, or email to 

PIH_Disaster_Relief@hud.gov. 

PHAs Date granted 

Little Rock Housing Authority .............................................................................................................................................................. 4/21/2023 

• Regulation: 24 CFR 983.202(b)(2), 24 

CFR 983.210(a), (c), (d), 24 CFR 983.351(a)(1), 

24 CFR 983.260. 

Project/Activity: Request for waivers from 

the U.S. Department of Housing and Urban 

Development (‘‘HUD’’) to facilitate payment 

of Housing Assistance Payments (‘‘HAP’’) 

while Section 8-assisted households are 

temporarily moved from their existing units. 

Nature of Requirement: (1) 24 CFR 

983.202(b)(2) so that, during the Temporary 

On-Site Move Period, housing assistance will 

be paid for units under contract and 

occupied by eligible households, an 

addendum to the lease will be executed for 

the Temporary Units covering the period it 

takes to complete necessary health and safety 

improvements. (2) 24 CFR 983.210(a) for the 

units that are unoccupied while lead 

abatement is being completed so that those 

units do not need to be in good and 

tenantable condition or meet HQS during 

that time period. NYCHA recognizes that 

protections and procedures must be in place 

to minimize health and safety risks while 

work is being completed in unoccupied 

units. (3) 24 CFR 983.210(c) so that the 

contract unit, for which the owner is 

receiving housing assistance, will be covered 

by any addendums subject to the temporary 

unit and ensure equal tenant protections 

during the period it takes to complete 

necessary health and safety improvements 

while the original tenant lease remains in 

place. (4) 24 CFR 983.210(d) so that while 

tenants are temporarily moved, they may 

continue to maintain residency at their 

leased unit. (5) 24 CFR 983.351(a)(1) so that 

housing assistance payments shall be made 

for the months during which a contract unit 

is leased, or for a Temporary Units, under a 

lease addendum. NYCHA recognizes that no 

housing assistance payments shall be made 

for units that are unoccupied. (6) 24 CFR 

983.260 so that during the Temporary OnSite Move Period, families may occupy units 

that are larger than their leased unit and 

include accessibility features the family does 

not require. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: April 12, 2023. 

Reason Waived: Allowing the families to 

temporarily move to units on-site, under the 

execution of only one lease, will limit 

residents’ exposure to hazardous material 

during LBP abatement and ensure the 

necessary rehabilitation work is completed 

expeditiously for families to safely move 

back into their original unit as soon as 

possible. 

Contact: Kristen Arnold, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 7th Street SW, 

Washington, DC 20410, telephone (971) 222– 

2667. 

• Regulation: 24 CFR 982.207(a)(1) and 24 

CFR 903.17. 

Project/Activity: Requesting waiver of 24 

CFR 982.207(a)(1). The preference will grant 

Housing Choice Vouchers (HCVs) for families 

and individuals referred through the 

Continuum of Care (Coc) Coordinated Entry 

System (CES) who met eligibility 

requirements under LACDA’s EHV program. 

Nature of Requirement: As described by 

the LACDA, its governing body requires 

approval from two separate boards, the Los 

Angeles County Board of Supervisors 

(serving as its Board of Commissioners) and 

its Housing Advisory Committee. Approval 

of revisions to its administrative plan from 

each body requires a minimum of 60 days, 

and the LACDA would like to adopt its EHV 

preference as soon as possible so that 

families issued an EHV can receive assistance 

as they secure housing units. Your letter 

notes the urgency to serve EHV families 

searching for a unit, many of whom are 

currently experiencing unsheltered 

homelessness and at risk of losing their 

selected housing. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: April 20, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, I have 

determined that there is good cause to waive, 

and I hereby waive, 24 CFR 982.54(a) to 

allow the LACDA to implement the limited 

waiting list preference while it secures full 

Board approval. 

Contact: Emily J. Warren, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 708– 

0614. 

• Regulation: 24 CFR 200.320(b)(2)(i). 

Project/Activity: St. Louis Housing 

Authority’s (SLHA) request for a noncompetitive procurement that exceeds the 

small procurement threshold. 

Nature of Requirement: The regulation at 

24 CFR 200.320(b)(2)(i) requires that requests 

for proposals be publicized and solicited 

from an adequate number of qualified 

offerors. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: April 28, 2023. 

Reason Waived: Due to several examples of 

negligence by the current Management Agent 

(MA), that jeopardizes the safety for residents 

and viability of the public housing program 

an expedited procurement is needed to 

quickly address these issues by finding a new 

MA. Given the circumstances presented, 

good cause has been shown for the 

noncompetitive procurement of a new MA 

and HUD authorizes the noncompetitive 

procurement of a new Management Agent for 

SLHA based on the public exigency outlined 

in the SLHA’s letter. 

Contact: Bernita C. James, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

7169. 

• Regulation: 24 CFR 982.401(a)(2) and (4). 

Project/Activity: The Housing Authority of 

the City of Austin (HACA) and the Housing 

Authority of Travis County (HATC) with 

their Continuum of Care, Ending Community 

Homelessness Coalition (ECHO), sent a letter 

to the U.S. Department of Housing and Urban 

Development (HUD) requesting a waiver of 

24 CFR 982.401(a)(2) and (4) to allow the 

Single Room Occupancy (SRO) units at the 

Community First! Village (CFV) to pass a 

Housing Quality Standards (HQS) inspection. 

The units at the CFV are a critical part of 

Austin’s response to HUD’s House America 

campaign. This waiver would enable some of 

the 600 unsheltered homeless in the Austin, 

TX, area to live in these units using voucher 

assistance. 

Nature of Requirement: The HACA and the 

HATC are requesting this waiver due to a 

severe lack of affordable housing in the 

Austin, TX area, and a homelessness crisis. 

The HACA stated that they have individuals 

searching for units using vouchers, including 

those with HUD–VASH and Emergency 

Housing Vouchers, and they are not able to 

find other suitable units. Providing a waiver 

to 24 CFR 982.605(b)(2)(i)(A) would expand 

housing opportunities for these individuals 

giving them a viable housing option at the 

CFV. There are dozens of units available at 

the CFV and plans to build more. 

Furthermore, the CFV has been open for eight 

years and the founder of the community, 

Alan Graham, stated in an April 6 phone call 

with the Department that the ratio of 

occupants to bathrooms and showers has not 

been an issue. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: May 17, 2023. 

Reason Waived: I have determined, 

pursuant to the waiver authority provided at 

24 CFR 5.110, that there is good cause to 

waive, and I hereby waive, 24 CFR 


ddrumheller on DSK120RN23PROD with NOTICES2
Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 71429 

982.605(b)(2)(i)(A) to allow the Phase 1 and 

2 units at the CFV with more than 6 

occupants per bathroom and shower to pass 

an HQS inspection. As an alternative 

requirement, existing units at the CFV may 

be approved if there is one bathroom (with 

flush toilet and lavatory basin) for each 7 

occupants and one shower for each 9.5 

occupants. If units are constructed in the 

future, the HACA and the HATC need to 

provide good cause for any future waiver. 

HUD cannot grant a waiver covering 

presently non-existing units, that may be 

constructed years later, at which time the 

factual circumstances regarding housing in 

the area and good cause may have changed. 

The HACA and the HATC may request 

another waiver for the units in the future 

phases after they are built. 

Contact: Molly K. Allen, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

6369. 

• Regulation: Waiver of Applicable 

Regulations to Allow HABC to Apply MTW 

Flexibilities to Families with VASH 

Vouchers. 

Project/Activity: The Housing Authority of 

Baltimore City (HABC) has submitted a 

request to waive applicable regulations to 

allow HABC to apply MTW flexibilities to 

families with VASH vouchers. HABC has an 

allocation of 586 VASH vouchers and 484 of 

those vouchers are currently under lease. 

Nature of Requirement: HABC established 

these specific additional flexibilities with the 

objectives of streamlining policies to 

expedite voucher issuance, simplify program 

processes, increase staff efficiency, expedite 

leasing, and improve customer service for 

both program participants and stakeholders. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: May 17, 2023. 

Reason Waived: It has been determined 

that the application of the above listed MTW 

flexibilities would not have a negative impact 

on HUD–VASH participants and could help 

more effectively serve HUD–VASH families 

in your PHA’s jurisdiction. In addition, the 

MTW flexibilities do not conflict with the 

HUD–VASH Operating Requirements. 

Contact: Jerrianne Anthony, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 708– 

0614. 

• Regulation: 24 CFR 984.303(d). 

Project/Activity: Belmont Housing 

Resources FSS. 

Nature of Requirement: ‘‘. . . (d) Contract 

extension. The PHA shall, in writing, extend 

the term of the contract of participation for 

a period not to exceed two years for any FSS 

family that requests, in writing, an extension 

of the contract, provided that the PHA finds 

that good cause exists for granting the 

extension. The family’s written request for an 

extension must include a description of the 

need for the extension. As used in this 

paragraph (d), ‘‘good cause’’ means 

circumstances beyond the control of the FSS 

family, as determined by the PHA, such as 

a serious illness or involuntary loss of 

employment. Extension of the contract of 

participation will entitle the FSS family to 

continue to have amounts credited to the 

family’s FSS account in accordance with 

§ 984.304 . . .’’ 

Granted By: Richard Monocchio, Principal 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: June 6, 2023. 

Reason Waived: The FSS participant was 

ineligible to graduate at the expiration of the 

extension, because he lost his job due to the 

COVID–19 pandemic and was subsequently 

injured and permanently disabled by a car 

accident during his contract extension. BHR 

submitted a waiver request on September 21, 

2022, prior to the end date of the FSS 

participant’s Contract of Participation, 

seeking a waiver of 24 CFR 984.303(d) that 

would allow for an additional six-month 

extension of the FSS participant’s Contract of 

Participation. 

Contact: Jayme Brown, Housing Programs 

Specialist, Office of Public and Indian 

Housing, Department of Housing and Urban 

Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

3624. 

• Regulation: 24 CFR 983.51(b)(1). 

Project/Activity: Requesting a waiver of 24 

CFR 983.51(b) in order to allow the Housing 

Authority of LaSalle County (HALC) to select 

a project for project-based voucher (PBV) 

assistance without undergoing a competitive 

process or based on a previous competition. 

You are seeking this waiver request so that 

your agency can non-competitively select 

Saratoga Towers (Project), a 95-unit 

apartment property located at 1700 Newton 

Place, Morris, Illinois, for PBV assistance. 

Nature of Requirement: The Project is a 

public housing development owned by the 

Grundy County Housing Authority (GCHA). 

The HALC and the GCHA entered into an 

Intergovernmental Agreement effective 

December 21, 2022, allowing the HALC to 

apply for and administer tenant protection 

vouchers (TPVs) under the GCHA’s Section 

22 Streamlined Voluntary Conversion (SVC) 

Plan (the Plan) for the Project. On February 

2, 2023, the HUD Illinois State Office of 

Public Housing approved the HALC as the 

agency to administer vouchers on behalf of 

the GCHA. 

Granted By: Richard Monocchio, Principal 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: June 6, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, I have 

determined that there is good cause to waive, 

and I hereby waive, 24 CFR 983.51(b) so that 

the HALC may select Saratoga Towers for an 

award of PBVs without following a 

competitive process. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, 451 7th Street SW, 

Washington, DC 20410, 202–402–5156. 

• Regulation: Section 9(g)(1) of the United 

States Housing Act of 1937. 

Project/Activity: Kansas City Housing 

Authority is seeking a waiver of Section 

9(g)(1) of the United States Housing Act of 

1937, specifically for ‘‘the flexibility of 

Capital Fund Amounts’’ for eligible 

Operating Fund activities. HAKC is 

requesting a waiver for its Capital Fund 

formula grants awarded in Federal Fiscal 

Years (FFY) 2021 and 2022 to fund anticrime 

and antidrug activities for large PHAs (those 

owning/operating 250 or more public 

housing units). 

Nature of Requirement: The Housing 

Authority of Kansas City, MO (MO002) 

submitted its request for a waiver to place 

more than 25% of FY 2022 Capital Funds 

onto 1406 Operations for anticrime and 

antidrug activities. 

Granted By: Richard Monocchio, Principal 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: June 8, 2023. 

Reason Waived: The Housing Authority of 

Kansas City, MO (MO002) submitted its 

request for a waiver to place more than 25% 

of FY 2022 Capital Funds onto 1406 

Operations for anticrime and antidrug 

activities. Section 9(e)(1)(C) of the 1937 

United States Housing Act. As noted above, 

for FY 2022 the limitation in section 9(g)(1) 

of the 1937 Act is increased from 20% to 

25%. For FY 2022 the Secretary may waive 

this limitation to allow PHAs to fund 

activities authorized under section 9(e)(1)(C) 

of the 1937 Act which allows PHAs to use 

Operating Funds for anticrime and antidrug 

activities, including the costs of providing 

adequate security for public housing 

residents, including above-baseline police 

service agreements. 

Contact: David Fleischman, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

2071. 

• Regulation: 24 CFR 985.101(a)(1–3) and 

24 CFR 985.105(a)(1). 

Project/Activity: Requesting a waiver from 

submitting its fiscal year 2023 (July 1, 2022, 

to June 30, 2023) SEMAP certification in 

accordance with 24 CFR 985.101(a)(1–3) and 

24 CFR 985.105(a)(1). The certification is due 

August 29, 2023. The PCHA is requesting 

that HUD not assess the PCHA’s performance 

under SEMAP because of the January 1, 2023, 

transfer of the Eloy Housing Authority’s 

(EHA) Housing Choice Voucher (HCV) 

program. The PCHA is experiencing 

challenges incorporating the EHA’s program 

and assisted families into the PCHA’s 

operations. 

Nature of Requirement: The regulations at 

24 CFR 985.105(a)(1) provide that HUD shall 

assess each PHA’s performance under 

SEMAP annually and shall assign each PHA 

a SEMAP score and overall performance 

rating. 

Granted By: Richard Monocchio, Principal 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: June 20, 2023. 

Reason Waived: Pursuant to the waiver 

authority provided at 24 CFR 5.110, that 

there is good cause to waive, and I hereby 

waive, 24 CFR 985.101(a) and 24 CFR 

985.105(a)(1) to permit the PCHA to not 

complete their SEMAP certification in its 

entirety for its fiscal year ending June 30, 

2023. 


ddrumheller on DSK120RN23PROD with NOTICES2
71430 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices 

Contact: Michelle Daniels, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

6051. 

• Regulation: 24 CFR 983.205(b). 

Project/Activity: The Hawaii Public 

Housing Authority (HPHA) is administering 

a Project-Based Voucher (PBV) HAP contract 

at Palolo Homes, a 306-unit affordable 

housing project located in Honolulu, Hawaii. 

The HPHA, with the support of the Project’s 

sponsor, Mutual Housing Association of 

Hawaii, Inc. (MHAH), a nonprofit 

organization focused on providing affordable 

housing to residents of Hawaii, is requesting 

HUD to waive certain timeframe provisions 

for the HAP contract extension, as set forth 

at 24 CFR 983.205(b). 

Nature of Requirement: The HPHA’s 

specific request is to provide a PBV HAP 

contract extension commitment prior to the 

24-month regulatory requirement timeframe. 

The current HAP contract term expires on 

March 3, 2027, and under 24 CFR 983.205(b), 

a HAP contract extension may not be 

provided any earlier than March 3, 2025. The 

HPHA would like to make a HAP contract 

extension commitment in June 2023 

(approximately 45 months prior to the 

existing contract end date). 

Granted By: Richard Monocchio, Principal 

Deputy Assistant Secretary for Public and 

Indian Housing. 

Date Granted: June 29, 2023. 

Contact: Nathaniel Johnson, Housing 

Programs Specialist, Office of Public and 

Indian Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410, telephone (202) 402– 

5156. 

[FR Doc. 2023–22602 Filed 10–13–23; 8:45 am] 

BILLING CODE 4210–67–P 


ddrumheller on DSK120RN23PROD with NOTICES2