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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92704-92711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27381]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6460-N-02]

Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2024

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on April 1, 2024 and ending on June 30, 2024.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500, 
telephone 202-708-5300 (this is not a toll-free number). HUD welcomes 
and is prepared to receive calls from individuals who are deaf or hard 
of hearing, as well as individuals with speech and communication 
disabilities.
    To learn more about how to make an accessible telephone call, 
please visit please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 2024.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act

[[Page 92705]]

(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, 2024 through June 30, 2024. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the second quarter of 
calendar year 2024) before the next report is published (the third 
quarter of calendar year 2024), 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.

Benjamin B. Klubes,
Principal Deputy General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development April 1, 2024 Through June 
30, 2024

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.
    The regulatory waivers granted appear in the following order:

I. Regulatory Waivers Granted by the Office of Community Planning 
and Development
II. Regulatory Waivers Granted by the Office of Housing
III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

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

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

     Regulation: 24 CFR 92.252(d)(1).
    Project/Activity: Washoe County, Nevada, requested a waiver of 
24 CFR 92.252(d)(1) to allow the use of the utility allowance 
established by the local public housing agency (PHA) for the Copper 
Mesa Apartments project.
    Nature of Requirement: 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 to establish 
and implement different utility allowances for HOME-assisted and 
non-HOME assisted units in a project.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 17, 2024.
    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 to establish and implement different utility 
allowances for HOME-assisted and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community 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)(1).
    Project/Activity: Los Angeles County, California and Santa Ana, 
California requested waivers of 24 CFR 92.252(d)(1) to allow the use 
of the utility allowance established by the local public housing 
agency (PHA) for Metro at Florence (Los Angeles County, CA) and 
Westview House (Santa Ana, CA), two HOME-assisted rental projects.
    Nature of Requirement: 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 to establish 
and implement different utility allowances for HOME-assisted and 
non-HOME assisted units in a project.
    Granted By: Marion M. McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 22, 2024.
    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 to establish and implement different utility 
allowances for HOME-assisted and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning & Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7160, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: Appendix I, Section B.2.a. of the 
Neighborhood Stabilization Program 2 Notice of Funding Availability 
(NOFA).
    Project/Activity: Habitat for Humanity International's (HfHI) 
Dallas, TX affiliate redeveloped a property located at 4527 Jamaica 
Street, Dallas, TX with

[[Page 92706]]

Neighborhood Stabilization Program (NSP 2) funds made available 
through the American Recovery and Reinvestment Act of 2009 (the 
Recovery Act) and applied long-term affordability requirements to 
the property in accordance with Appendix I, Section B.2.a of the NSP 
2 NOFA.
    Nature of Requirement: The Housing and Economic Recovery Act of 
2008 (HERA) and the Recovery Act required NSP grantees to ensure to 
the maximum extent practicable and for the longest feasible term, 
that the sale, rental, or redevelopment of abandoned or foreclosed 
NSP-assisted homes and residential properties remain affordable to 
individuals or families whose incomes do not exceed 120 percent of 
area median income. HUD implemented this requirement in Appendix I, 
Section B.2.a. of the NSP2 NOFA and provided that any applicant 
adopting the HOME Investment Partnerships (HOME) program standards 
at 24 CFR 92.252(a), (c), (e), and 92.254 to be in minimal 
compliance with the statutory requirement.
    Granted By: Marion McFadden, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 22, 2024.
    Reason Waived: The subject property, one of several hundred 
redeveloped nationally by HfHI, only met the affordability standard 
for six years. The HfHI Dallas affiliate foreclosed on the property 
because the home became occupied by squatters who no longer made 
mortgage payments, claimed sovereign citizen status, and made death 
threats against HfHI Dallas affiliate staff.
    HUD determined that the grantee met the statutory requirement 
that the property remain affordable to individuals or families whose 
incomes do not exceed 120 percent of area median income to the 
maximum extent practicable and for the longest feasible term. Based 
on the explanation provided by HfHI and because HUD exercised its 
policy discretion when it adopted the HOME standard for continued 
affordability as a means to determine compliance, HUD found good 
cause to waive this requirement in this instance.
    Contact: James E. H[ouml]emann, Director, Entitlement 
Communities Division, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7282, Washington, DC 20410, telephone (202) 402-5716.

II. Regulatory Waivers Granted by the Office of 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 203.604 Servicing Responsibilities, 
Contact with the Mortgagor.
    Project/Activity: Partial Waiver of required face-to-face 
contact with a mortgagor.
    Nature of Requirement: 24 CFR 203.604 Servicing 
Responsibilities, Contact with the Mortgagor under Subpart C--
Servicing Responsibilities of 24 CFR part 203 Single Family Mortgage 
Insurance, stipulates that mortgagees must have a face-to-face 
interview with the mortgagor, or make a reasonable effort to arrange 
a meeting, before three full monthly installments due on the 
mortgage are unpaid. If default occurs in a repayment plan arranged 
other than during a personal interview, the mortgagee must have a 
face-to-face meeting with the mortgagor, or make a reasonable 
attempt to arrange such a meeting within 30 days after such default 
and at least 30 days before foreclosure is commenced.
    Granted By: Julia R. Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 4, 2024.
    Reason Waived: This Partial Waiver that was initially granted on 
March 13, 2020, at the onset of the Coronavirus Disease 2019 (COVID-
19) Pandemic, was issued due to several reasons including, but not 
limited to, continued public health concerns around the spread of 
COVID-19. The extension of this Partial Waiver was issued because at 
the time of issuance, HUD was in the process of considering public 
comments to finalize rule making proposed to amend the current 
requirements of Sec.  203.604. Without this Partial Waiver 
extension, mortgagees have had to restart in-person outreach efforts 
and face-to-face interviews, which requires significant effort in 
staffing, contracting, and updating internal processes and borrower 
communications for the interim period before potential new 
requirements take effect.
    Contact: Elissa Saunders, Director, Office of Single Family 
Asset Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Washington, DC 20410, telephone 
(202) 402-708-2121, [email protected].
     Regulation: 24 CFR 3282.8(l), Applicability, 
Multifamily homes.
    Project/Activity: Regulatory Waiver to allow for construction of 
a Two (2) Dwelling Unit Manufactured Home Bearing a HUD 
Certification Label. The waiver of 24 CFR 3282.8(l) was only 
available for the specific design and production of one (1) 
manufactured home and required a Notice to Purchaser.
    Nature of Requirement: 24 CFR 3282.8(l), Applicability, 
Multifamily homes, states ``homes designed and manufactured with 
more than one separate living unit are not covered by the standards 
and these regulations.'' Under current regulations, manufactured 
home producers are not able to build and ship multi-dwelling unit 
manufactured homes bearing a HUD certification label.
    The National Manufactured Housing and Construction Safety 
Standards Act of 1974 (the Act) gives HUD authority to set standards 
for all homes that meet the definition of a ``manufactured home'' 
which is broad enough to include multifamily manufactured homes. 
Under the National Manufactured Home Construction and Safety 
Standards, 24 CFR 3280 (``Standards''), a manufactured home must 
display a permanent label certifying to the best of the 
manufacturer's knowledge and belief that the manufactured home has 
been inspected and meets all applicable requirements of the 
Standards or it cannot be sold. See 24 CFR 3280.11, 3282.252(a)(1). 
HUD procedural and enforcement regulations, 24 CFR part 3282, have 
historically excluded multi-dwelling unit manufactured homes from 
the scope of the Standards even though the definition of 
``manufactured home'' in both the Act and the Standards is broad 
enough to include such homes but for the explicit regulatory 
exclusion at 24 CFR 3282.8(l).
    In April 2024, Cavco Industries, one of the largest builders of 
manufactured homes in the country, requested an Alternate 
Construction Approval Letter (``AC'') via the regulatory allowance 
set forth in 24 CFR 3282.14, Alternative Construction, indicating 
Cavco's desire to build a multi-dwelling unit home. A complete 
request package for the design and construction was received and 
reviewed by the Office of Manufactured Housing Programs. Cavco 
stated its desire to build a single home for display at the HUD-
hosted 2024 Innovative Housing Showcase held in June 2024. In order 
for the home to be produced and sold bearing a HUD certification 
label, the regulatory waiver and an AC Letter were be necessary.
    Granted by: Julia Gordon, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 26, 2024.
    Reason Waived: The manufactured home design proposed by Cavco, 
without a waiver of regulation 24 CFR 3282.8(l), could not be 
approved or built because it had more than one separate living area 
included in the design. But for the applicability exclusion in 24 
CFR 3282.8(l) and the 24 CFR 3280.2, definition of Dwelling, the 
home design complied with the current Standards. The design was 
reviewed by HUD and verified by IBTS that it provided quality, 
durability, and safety levels equivalent to those required by the 
Federal Standards. The AC Letter required a number of additional 
standards that are equivalent or superior to the current Standards, 
to account for the additional dwelling unit. Also, each dwelling 
unit, were it to be presented as a separate design, could have been 
approved under current Standards. Limiting the waiver and the AC 
Letter provided authority to build a multi-dwelling unit 
manufactured home that carries the HUD certification label but would 
not jeopardize public health or safety and would serve the purpose 
of the Act.
    Moreover, the multi-dwelling unit manufactured home was 
showcased at the Innovative Housing Showcase in June 2024 where it 
served to inform and educate the general public on an innovative 
design along with the possibilities of construction practices for 
future manufactured homes. The home also exhibited an option 
available to address the nation's affordable housing crisis. The 
design and build process provided further proof-of-concept testing 
of the engineering and design/build production process education, 
adding to the knowledge bank first assembled in the 2010's. The 
regulatory waiver is good through September 26, 2024.
    Contact: Teresa B. Payne, Administrator, Office of Manufactured 
Housing Programs, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 9168, Washington, DC 20410, 
telephone (202) 402-5365, email [email protected].

[[Page 92707]]

III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

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

     Regulation: 24 CFR 982.517(b) and 24 CFR 
983.301(f)(2)(ii).
    Nature of Requirement: The cited regulation requires the PHA to 
maintain a utility allowance schedule, and the utility allowance for 
an individual family, must include the utilities and services that 
are necessary in the locality to provide housing that complies with 
HQS. The purpose of the waiver request is so the PHA can use the 
community wide utility allowance schedule used for the whole 
jurisdiction of the PHA. For redetermination of the initial rent to 
the owner, the PHA must use the most recently FMRs and the PHA 
utility allowance schedule. The PHA may use the amounts in effect at 
any time during the 30-day period immediately before the 
redetermination date.
    Project/Activity: Fairfax County Redevelopment and Housing 
Authority (FCRHA), Dominion Square Project.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 3, 2024.
    Reason Waived: HUD approved the waiver request to allow the use 
of a site-specific utility allowance to promote utility 
conservation, ensure the efficient use of Housing Assistance Payment 
(HAP) funding, and utility allowances with the actual consumption 
rates of residents.
    Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709, 
email: [email protected].

     Regulation: 24 CFR 983.202(b)(2), 24 CFR 983.210(a), 24 
CFR 983.210(c), 24 CFR 983.210(d), 24 CFR 983.351(a)(1), 24 CFR 
983.260.
    Nature of Requirement: 24 CFR 983.202(b)(2) elaborates on the 
purpose of the HAP contract, defining that a PHA makes housing 
assistance payments to the owner in accordance with the HAP contract 
and that housing assistance is paid for contract units leased and 
occupied by eligible families during the HAP contract term. 24 CFR 
983.210(a) requires that the owner is maintaining the premises and 
all contract units in accordance with HUD's HQS under the 
requirements established within 24 CFR 983. 24 CFR 983.210(c) 
requires that each contract unit for which the owner is receiving 
housing assistance payments is leased to an eligible family referred 
by the PHA or selected from the owner-maintained waiting list in 
accordance with Sec.  983.251, and the lease is in accordance with 
the HAP contract and HUD requirements. 24 CFR 983.210(d) requires 
that, to the best of the owner's knowledge, the members of the 
family residing in each contract unit for which the owner is 
receiving housing assistance payments, and the unit is the family's 
only residence (exceptions notwithstanding). 24 CFR 983.351(a)(1) 
requires that during the term of the HAP contract, the PHA shall 
make housing assistance payments to the owner in accordance with the 
terms of the HAP contract. 24 CFR 983.260. pertains to how PHAs may 
handle the withdrawal or extension of assistance payments in the 
event of overcrowded, under-occupied, and accessible units.
    Project/Activity: New York City Housing Authority (NYCHA)/Sack 
Wern.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: May 10, 2024.
    Reason Waived: Under the authority provided at 24 CFR 5.110 and 
considering the good cause presented, HUD grants the waivers to 
temporarily relocate tenants without terminating their original 
lease and continue HAP payments for occupied units in the project 
while the rehabilitation work is completed for the following 
reasons:
     24 CFR 983.202(b)(2) so that, during the temporary 
relocation period, housing assistance will be paid for units under 
contract and occupied by eligible families, and an addendum to the 
lease will be executed for the temporary units covering the period 
it takes to complete necessary health and safety improvements.
     24 CFR 983.210(a) for the units that are unoccupied 
while lead abatement is being completed. Protections and procedures 
must be in place to minimize health and safety risks while work is 
being completed in unoccupied units.
     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.
     24 CFR 983.210(d) so that while tenants are temporarily 
relocated, they may continue to maintain residency at their leased 
unit.
     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 unit, under a lease addendum, but that 
no housing assistance payments shall be made for units that are 
unoccupied.
     24 CFR 983.260 so that during the temporary relocation 
period, families may occupy units that are larger than their leased 
unit and include accessibility features the family does not require.
    Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709, 
email: [email protected].

     Regulation: 24 CFR 982.517(b) and 24 CFR 982.517(c).
    Nature of Requirement: The cited regulation requires the PHA to 
maintain a community-wide utility allowance schedule, which must 
include the utilities and services that are necessary in the 
locality to provide housing that complies with HQS. For 
determination and redetermination of the rent to the owner, the PHA 
must use the PHA's current utility allowance schedule.
    Project/Activity: Housing Authority of the City of Austin 
(HACA), Chalmers East development.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: May 30, 2024.
    Reason Waived: Under the authority provided at 24 Sec.  CFR 
5.110 and considering the good cause presented, HUD grants the 
waivers to allow the PBV project-specific utility allowance to apply 
to tenant-based vouchers used at Chalmers East. HACA presented good 
cause by explaining that allowing the HACA to apply the project-
specific utility allowance to the tenant-based HCV units at the 
project would: (1) more accurately reflect the lower utility costs 
at the project, as a result of energy-efficient appliances and green 
building systems, (2) encourage energy conservation by residents, 
and (3) avoid misuse of HAP for UA disbursements in excess of what 
is necessary for the family to maintain utilities. The results of 
the analysis the HACA provided demonstrate that use of the HACA's 
current community-wide UA would discourage conservation and 
efficient use of HAP.
    Contact: Nathaniel Johnson, Senior Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410, telephone (202) 402-5156, 
email [email protected].

     Regulation: 24 CFR 982.54(a), 24 CFR 960.202(c)(1).
    Nature of Requirement: 24 CFR 982.54(a) states that the PHA must 
adopt a written administrative plan that establishes local policies 
for administration of the program in accordance with HUD 
requirements. The administrative plan and any revisions of the plan 
must be formally adopted by the PHA Board of Commissioners or other 
authorized PHA officials. The administrative plan states PHA policy 
on matters for which the PHA has discretion to establish local 
policies.
    Project/Activity: Los Angeles County Development Authority 
(LACDA).
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: May 30, 2024.
    Reason Waived: Under the authority provided at 24 CFR 5.110 and 
based on the information submitted by the LACDA, HUD determined 
there was good cause to approve the waiver of 24 CFR 982.54(a) to 
immediately implement a policy to accept Safe Harbor verifications 
of income in its HCV program. HUD also found good cause to waive the 
regulation at 24 CFR 960.202(c)(1) to allow the same policy to be 
immediately implemented in the LACDA's public housing program, prior 
to formal board approval of changes to the ACOP. LACDA presented 
good cause by explaining that LACDA is requesting these regulatory 
waivers to have the ability to fully implement Safe Harbor

[[Page 92708]]

verifications before its administrative plan is updated this summer. 
Allowing for Safe Harbor determinations streamlines the admissions 
and income determinations process, addressing the urgent 
homelessness and housing affordability crisis in the LACDA's 
operating area. The LACDA is scheduled to have its Safe Harbor rule 
and discretionary policies approved for use in both the 
Administrative Plan and the Admissions and Continued Occupancy 
Policy (ACOP) by July 1, 2024, but approval of these waivers would 
allow immediate use of the Safe Harbor provision, which would 
benefit families who have an income determination from another 
federal means-tested program.
    Contact: Susannah Roetlin, Senior Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20420, telephone (303) 672-5090, 
email [email protected].

     Regulation: 24 CFR 982.201(e).
    Nature of Requirement: Requires the PHA to receive information 
verifying that an applicant is eligible, including eligibility for 
any deductions, within the period of 60 days before the PHA issues a 
voucher to the applicant.
    Project/Activity: Dallas County Department of Health and Human 
Services (DCHHS).
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: May 31, 2024.
    Reason Waived: The DCHHS requests the ability to utilize self-
certification of date of birth and disability status, which is 
required for individuals when it impacts the income and tenant rent 
calculation and eligibility for the elderly/disabled deduction. The 
DCHHS requests to implement the alternative requirement specifically 
for people experiencing homelessness. Under the authority provided 
at 24 CFR 5.110, HUD has determined there is good cause to waive 
verifying date of birth and disability status for people 
experiencing homelessness at the time of admission for purposes of 
determining the family's eligible expenses and deductions.
    Contact: Susannah Roetlin, Senior Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20420, telephone (303) 672-5090, 
email [email protected].

     Regulation: 24 CFR 983.301(f)(4).
    Nature of Requirement: HUD may establish a process allowing PHAs 
to adopt project-specific utility allowances by notification in the 
Federal Register subject to public comment. Absent the establishment 
of such a project-specific utility allowance, the PHA's utility 
allowance schedule, as determined under 24 CFR 982.517(b)(2)(i) or 
(ii), applies to both the tenant-based and PBV programs.
    Project/Activity: Kenner Housing Authority (KHA), Affordable 
Properties projects.
    Granted By: Richard Monocchio, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 17, 2024.
    Reason Waived: Under the waiver authority provided at 24 CFR 
5.110 and considering the good cause presented, HUD grants the 
waiver so that the KHA may establish a project-specific utility 
allowance for the KHA Affordable Properties projects. The good cause 
justification for a project-specific utility allowance centers on 
promoting utility conservation, ensuring the efficient use of 
Housing Assistance Payment (HAP) funding, and aligning utility 
allowances with the actual consumption rates of residents.
    Contact: Jerone L. Anderson, M.Ed, Housing Program Specialist, 
Housing Voucher Management and Operations Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410, telephone: (202) 402-6709, 
email: [email protected].

Extended Streamlined Waivers

     Regulation: 24 CFR 982.505(c)(4) Increase in Payment 
Standard During Housing Assistance Payment (HAP) Contract Term.
    Project/Activity: Notice PIH 2023-29 Extension of Certain 
Regulatory Waivers for the Housing Choice Voucher (including 
Mainstream) Program and Streamlined Review Process.
    Nature of Requirement: If the payment standard amount is 
increased during the term of the HAP contract, the increased payment 
standard amount shall be used to calculate the monthly housing 
assistance payment for the family beginning at the effective date of 
the family's first regular reexamination on or after the effective 
date of the increase in the payment standard amount.
    Reason Waived: The PHAs were authorized to increase the payment 
standards for families at any time after the effective date of the 
payment standard increase, rather than waiting for the next regular 
reexamination. These waivers were approved consistent with the 
streamlined regulatory waiver process in Notice PIH 2023-29, which 
allowed PHAs to request regulatory waivers that would assist PHAs in 
responding to ongoing fluctuations and disruptions in the rental 
market by providing more flexibility with establishing and applying 
payment standards. These waivers were provided to the PHAs because 
allowing for earlier implementation of increased payment standards 
for families helped ensure that families living in rental markets 
with ongoing fluctuations and disruptions were not adversely 
impacted by rapidly increasing rents.
    Granted By: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Suite 3180, Washington, DC 20410, telephone (202) 402-7026, email 
[email protected].

------------------------------------------------------------------------
             Code                         PHAs            Waiver signed
------------------------------------------------------------------------
AL008.........................  Selma Housing Authority        2/22/2024
CA007.........................  County of Sacramento           1/31/2024
                                 Housing Authority.
CA033.........................  County of Monterey             1/31/2024
                                 Housing Authority.
CA055.........................  Housing Authority of           3/14/2024
                                 the City of Vallejo.
FL032.........................  Ocala Housing Authority         1/3/2024
FL068.........................  Housing Authority of            1/9/2024
                                 the City of Homestead.
IA045.........................  Davenport Housing               1/3/2024
                                 Commission.
IL124.........................  Housing Authority of           2/22/2024
                                 East Peoria.
IN004.........................  Delaware County Housing         1/9/2024
                                 Authority.
IN005.........................  Housing Authority of           2/22/2024
                                 the City of Muncie.
IN006.........................  Housing Authority of            2/9/2024
                                 the City of Anderson.
IN009.........................  Housing Authority of            2/9/2024
                                 the City of Richmond.
IN011.........................  Housing Authority of           1/31/2024
                                 the City of Gary.
IN019.........................  Housing Authority of           3/14/2024
                                 the City of Michigan
                                 City.
IN020.........................  Housing Authority of            1/9/2024
                                 the City of Mishawaka.
IN025.........................  Housing Authority of            2/9/2024
                                 the City of
                                 Charlestown.
IN047.........................  Housing Authority of            1/3/2024
                                 the City of
                                 Crawfordsville.
IN050.........................  New Castle Housing             1/31/2024
                                 Authority.
IN078.........................  Housing Authority of           1/31/2024
                                 the City of Greensburg.
IN086.........................  Housing Authority of            1/9/2024
                                 the City of Union City.
IN091.........................  Housing Authority of           2/22/2024
                                 the City of Peru.
IN901.........................  Indiana Housing and             1/3/2024
                                 Community Development.

[[Page 92709]]

 
MO227.........................  Housing Assistance             1/31/2024
                                 Program of St Charles
                                 County.
NE181.........................  Goldenrod Regional              1/9/2024
                                 Housing Agency.
NH009.........................  Lebanon Housing                 3/6/2024
                                 Authority.
NY009.........................  Albany Housing                  3/6/2024
                                 Authority.
NY406.........................  Village of Fairport....        2/22/2024
OH029.........................  Ashtabula Metropolitan         1/31/2024
                                 Housing Authority.
PA047.........................  Wilkes Barre Housing           1/31/2024
                                 Authority.
RQ013.........................  Municipality of                3/14/2024
                                 Trujillo Alto.
SC028.........................  Housing Authority of            3/6/2024
                                 Georgetown.
TN026.........................  Etowah Housing                 2/22/2024
                                 Authority.
TN054.........................  Cleveland Housing               1/3/2024
                                 Authority.
TN062.........................  Dayton Housing                 1/31/2024
                                 Authority.
TX512.........................  Deep East Texas Council        1/31/2024
                                 of Governments.
UT028.........................  Roosevelt City Housing         2/22/2024
                                 Authority.
WI206.........................  Door County Housing            1/31/2024
                                 Authority.
------------------------------------------------------------------------

     Regulation: 24 CFR 982.503(b)(1)(iv) Exception Payment 
Standards up to 120% of the SAFMRs for PHAs that are in mandatory 
SAFMR areas.
    Project/Activity: Notice PIH 2023-29 Extension of Certain 
Regulatory Waivers for the Housing Choice Voucher (including 
Mainstream) Program and Streamlined Review Process.
    Nature of Requirement: At the request of a PHA administering the 
HCV program under Small Area FMRs, HUD may approve an exception 
payment standard for a Small Area FMR area above the 110 percent of 
the published FMR in accordance with conditions set forth by Notice 
in the Federal Register.
    Reason Waived: The PHAs were authorized to adopt a payment 
standard above the basic range, up to 120 percent of the Small Area 
FMR. These waivers were approved consistent with the streamlined 
regulatory waiver process in Notice PIH 2023-29, which allowed PHAs 
to request regulatory waivers that would assist PHAs in responding 
to ongoing fluctuations and disruptions in the rental market by 
providing more flexibility with establishing and applying payment 
standards. These waivers were provided to the PHAs because allowing 
for an exception payment standard up to 120 percent of the Small 
Area FMR helped ensure that families living in rental markets with 
ongoing fluctuations and disruptions were not adversely impacted by 
rapidly increasing rents and were able to find rental units with 
their voucher.
    Granted by: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Suite 3180, Washington, DC 20410, telephone (202) 402-7026, email 
[email protected].

------------------------------------------------------------------------
             Code                         PHAs            Waiver signed
------------------------------------------------------------------------
AZ038.........................  Chandler Housing                2/9/2024
                                 Authority.
CA007.........................  County of Sacramento           1/31/2024
                                 Housing Authority.
CA033.........................  County of Monterey             1/31/2024
                                 Housing Authority.
IN011.........................  Housing Authority of           1/31/2024
                                 the City of Gary.
IN086.........................  Housing Authority of            1/9/2024
                                 the City of Union City.
IN901.........................  Indiana Housing and             1/3/2024
                                 Community Development.
PA015.........................  Fayette County Housing         1/31/2024
                                 Authority.
TN054.........................  Cleveland Housing               1/3/2024
                                 Authority.
UT016.........................  Housing Authority of            1/9/2024
                                 Carbon County.
------------------------------------------------------------------------

     Regulation: 24 CFR 982.503(c)(1)-(2) and (4)-(5) 
Exception Payment Standards up to 120% of the FMR.
    Project/Activity: Notice PIH 2023-29 Extension of Certain 
Regulatory Waivers for the Housing Choice Voucher (including 
Mainstream) Program and Streamlined Review Process.
    Nature of Requirement: PHAs may request an exception payment 
standard of up to 120 percent of the applicable Fair Market Rent and 
apply it throughout their jurisdiction.
    Reason Waived: The PHAs were authorized to adopt a payment 
standard above the basic range, up to 120 percent of the Fair Market 
Rent, and apply it throughout their jurisdiction. These waivers were 
approved consistent with the streamlined regulatory waiver process 
in Notice PIH 2023-29, which allowed PHAs to request regulatory 
waivers that would assist PHAs in responding to ongoing fluctuations 
and disruptions in the rental market by providing more flexibility 
with establishing and applying payment standards. These waivers were 
provided to the PHAs because allowing for an exception payment 
standard up to 120 percent of the Small Area FMR helped ensure that 
families living in rental markets with ongoing fluctuations and 
disruptions were not adversely impacted by rapidly increasing rents 
and were able to find rental units with their voucher.
    Granted by: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Suite 3180, Washington, DC 20410, telephone (202) 402-7026, email 
[email protected].

------------------------------------------------------------------------
             Code                         PHAs            Waiver signed
------------------------------------------------------------------------
AL008.........................  Selma Housing Authority        2/22/2024
AR020.........................  Little River County            1/31/2024
                                 Housing Authority.
AR197.........................  White River Regional           1/31/2024
                                 Housing Authority.
CA033.........................  County of Monterey             1/31/2024
                                 Housing Authority.
CA055.........................  Housing Authority of           3/14/2024
                                 the City of Vallejo.
CA086.........................  County of Humboldt             3/14/2024
                                 Housing Authority.
CA144.........................  Lake County Housing             1/3/2024
                                 Commission.

[[Page 92710]]

 
FL017.........................  Housing Authority of            1/3/2024
                                 the City of Miami
                                 Beach.
FL032.........................  Ocala Housing Authority         1/3/2024
FL049.........................  North Central Florida          3/14/2024
                                 Regional County.
FL068.........................  Housing Authority of            1/9/2024
                                 the City of Homestead.
IA045.........................  Davenport Housing               1/3/2024
                                 Commission.
IL082.........................  Housing Authority of           3/14/2024
                                 the County of
                                 Jodaviess.
IN004.........................  Delaware County Housing         1/9/2024
                                 Authority.
IN005.........................  Housing Authority of           2/22/2024
                                 the City of Muncie.
IN006.........................  Housing Authority of            2/9/2024
                                 the City of Anderson.
IN009.........................  Housing Authority of            2/9/2024
                                 the City of Richmond.
IN019.........................  Housing Authority of           3/14/2024
                                 the City of Michigan
                                 City.
IN020.........................  Housing Authority of            1/9/2024
                                 the City of Mishawaka.
IN025.........................  Housing Authority of            2/9/2024
                                 the City of
                                 Charlestown.
IN047.........................  Housing Authority of            1/3/2024
                                 the City of
                                 Crawfordsville.
IN050.........................  New Castle Housing             1/31/2024
                                 Authority.
IN086.........................  Housing Authority of            1/9/2024
                                 the City of Union City.
KY026.........................  Housing Authority of           3/14/2024
                                 Glasgow.
KY157.........................  Housing Authority of            3/6/2024
                                 Floyd County.
KY161.........................  Appalachian Foothills          3/14/2024
                                 Housing Agency Inc.
MI880.........................  Housing Services Mid-          2/22/2024
                                 Michigan.
MO065.........................  Chillicothe Housing             3/6/2024
                                 Authority.
MO212.........................  Ripley County Public           1/31/2024
                                 Housing Agency.
MO227.........................  Housing Assistance             1/31/2024
                                 Program of St. Charles
                                 County.
MT006.........................  Richland County Housing         3/6/2024
                                 Authority.
NE181.........................  Goldenrod Regional              1/9/2024
                                 Housing Agency.
NH009.........................  Lebanon Housing                 3/6/2024
                                 Authority.
NY001.........................  Syracuse Housing                3/6/2024
                                 Authority.
NY009.........................  Albany Housing                  3/6/2024
                                 Authority.
NY406.........................  Village of Fairport....        2/22/2024
OH001.........................  Columbus Metropolitan           2/9/2024
                                 Housing Authority.
OH029.........................  Ashtabula Metropolitan         1/31/2024
                                 Housing Authority.
PA038.........................  Lackawanna County              1/31/2024
                                 Housing Authority.
PA047.........................  Wilkes Barre Housing           1/31/2024
                                 Authority.
RQ013.........................  Municipality of                 2/9/2024
                                 Trujillo Alto.
SC002.........................  Housing Authority of           1/31/2024
                                 the City of Columbia.
SC028.........................  Housing Authority of            3/6/2024
                                 Georgetown.
TN006.........................  Kingsport Housing and           1/9/2024
                                 Redevelopment
                                 Authority.
TN026.........................  Etowah Housing                 2/22/2024
                                 Authority.
TN054.........................  Cleveland Housing               1/3/2024
                                 Authority.
TN062.........................  Dayton Housing                 1/31/2024
                                 Authority.
TX512.........................  Deep East Texas Council        1/31/2024
                                 of Governments.
WI048.........................  New London Housing              1/9/2024
                                 Authority.
WI206.........................  Door County Housing            1/31/2024
                                 Authority.
WV005.........................  Housing Authority of            2/9/2024
                                 the City of
                                 Parkersburg.
------------------------------------------------------------------------

     Regulation: 24 CFR 982.503(b)(1)(iii) Exception Payment 
Standards up to 120% for PHAs that are currently approved for 
exception payment standard SAFMRs.
    Project/Activity: Notice PIH 2023-29 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 
up to 120 percent of its applicable FY2024 SAFMRs.
    Reason Waived: The PHAs were authorized to adopt a payment 
standard above the basic range, up to 120 percent of their approved 
Small Area FMR exception payment standards. These waivers were 
approved consistent with the streamlined regulatory waiver process 
in Notice PIH 2023-29, which allowed PHAs to request regulatory 
waivers that would assist PHAs in responding to ongoing fluctuations 
and disruptions in the rental market by providing more flexibility 
with establishing and applying payment standards. These waivers were 
provided to the PHAs because allowing for an exception payment 
standard up to 120 percent of the Small Area FMR exception payment 
standards helped ensure that families living in rental markets with 
ongoing fluctuations and disruptions were not adversely impacted by 
rapidly increasing rents and were able to find rental units with 
their voucher.
    Granted by: Dominique Blom, General Deputy Assistant for Public 
and Indian Housing.
    Contact: Tesia Anyanaso, Office of Field Operations/Coordination 
and Compliance Division, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street SW, 
Suite 3180, Washington, DC 20410, telephone (202) 402-7026, email 
[email protected].

------------------------------------------------------------------------
             Code                         PHAs            Waiver signed
------------------------------------------------------------------------
CA033.........................  County of Monterey             1/31/2024
                                 Housing Authority.
FL021.........................  Pahokee Housing                 2/9/2024
                                 Authority.
IN086.........................  Housing Authority of            1/9/2024
                                 the City of Union City.
IN901.........................  Indiana Housing and             1/3/2024
                                 Community Development.
KY040.........................  Housing Authority of           1/31/2024
                                 Mayfield.
MO227.........................  Housing Assistance             1/31/2024
                                 Program of St. Charles
                                 County.
TN006.........................  Kingsport Housing and           1/9/2024
                                 Redevelopment.

[[Page 92711]]

 
UT016.........................  Housing Authority of            1/9/2024
                                 Carbon County.
------------------------------------------------------------------------

[FR Doc. 2024-27381 Filed 11-21-24; 8:45 am]
BILLING CODE 4210-67-P
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