92704 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

is to allow for an additional 30 days of 

public comment. 

DATES: 

Comments Due Date: December 23, 

2024. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Interested persons are 

also invited to submit comments 

regarding this proposal and comments 

should refer to the proposal by name 

and/or OMB Control Number and 

should be sent to: Colette Pollard, 

Reports Managment Officer, REE, 

Department of Housing and Urban 

Development, 451 7th Street SW, Room 

8210, Washington, DC 20410–5000; 

email PaperworkReductionActOffice@

hud.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 7th Street SW, 

Room 8210, Washington, DC 20410; 

email Colette.Pollard@hud.gov or 

telephone (202) 402–3400. This is not a 

toll-free number. HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech or communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

Copies of available documents 

submitted to OMB may be obtained 

from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD is 

seeking approval from OMB for the 

information collection described in 

Section A. 

The Federal Register notice that 

solicited public comment on the 

information collection for a period of 60 

days was published on June 28, 2024 at 

89 FR 54028. 

A. Overview of Information Collection 

Title of Information Collection: 

Personal Financial and Credit 

Statement. 

OMB Approval Number: 2502–0001. 

Type of Request: Reinstatement of 

previously approved collection for 

which approval has expired. 

Form Number: HUD–92417. 

Description of the need for the 

information and proposed use: On 7/31/ 

22, this information collection expired. 

HUD is reinstating the collection to 

transfer the form HUD–92417 to another 

approved collection 2502–0029 and to 

discontinue 2502–0001. 

Respondents: Individuals. 

Estimated Number of Respondents: 

1,230. 

Information collection Number of 

respondents 

Frequency of 

response 

Responses 

per annum 

Burden hour 

per response 

Annual burden 

hours 

HUD–92417 ......................................................................... 1,230 1 1,824 8 9,840 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond; including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

(5) ways to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of automated collection techniques or 

other forms of information technology. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority 

Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

chapter 35. 

Colette Pollard, 

Department Reports Management Officer, 

Office of Policy Development and Research, 

Chief Data Officer. 

[FR Doc. 2024–27412 Filed 11–21–24; 8:45 am] 

BILLING CODE 4210–67–P 

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. 

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/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 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 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 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 § 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 

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 nonHOME 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 nonHOME 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 


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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. Ho ̈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 § 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, elissa.o.saunders@hud.gov. 

• 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 HUDhosted 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 

Teresa.L.Payne@hud.gov. 


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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: Jerone.l.anderson@hud.gov. 

• 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 § 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: Jerone.l.anderson@hud.gov. 

• 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 § 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 projectspecific 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 Nathaniel.Johnson@hud.gov. 

• 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 


ddrumheller on DSK120RN23PROD with NOTICES1
92708 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

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 meanstested 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 

susannah.s.roetlin@hud.gov. 

• 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 

susannah.s.roetlin@hud.gov. 

• Regulation: 24 CFR 983.301(f)(4). 

Nature of Requirement: HUD may establish 

a process allowing PHAs to adopt projectspecific 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 projectspecific 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: Jerone.l.anderson@hud.gov. 

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 PIH_Expedited_Waivers@

hud.gov. 

Code PHAs Waiver signed 

AL008 .......................... Selma Housing Authority ......................................................................................................................... 2/22/2024 

CA007 ......................... County of Sacramento Housing Authority ............................................................................................... 1/31/2024 

CA033 ......................... County of Monterey Housing Authority .................................................................................................... 1/31/2024 

CA055 ......................... Housing Authority of the City of Vallejo ................................................................................................... 3/14/2024 

FL032 .......................... Ocala Housing Authority .......................................................................................................................... 1/3/2024 

FL068 .......................... Housing Authority of the City of Homestead ........................................................................................... 1/9/2024 

IA045 ........................... Davenport Housing Commission ............................................................................................................. 1/3/2024 

IL124 ........................... Housing Authority of East Peoria ............................................................................................................. 2/22/2024 

IN004 ........................... Delaware County Housing Authority ........................................................................................................ 1/9/2024 

IN005 ........................... Housing Authority of the City of Muncie .................................................................................................. 2/22/2024 

IN006 ........................... Housing Authority of the City of Anderson .............................................................................................. 2/9/2024 

IN009 ........................... Housing Authority of the City of Richmond ............................................................................................. 2/9/2024 

IN011 ........................... Housing Authority of the City of Gary ...................................................................................................... 1/31/2024 

IN019 ........................... Housing Authority of the City of Michigan City ........................................................................................ 3/14/2024 

IN020 ........................... Housing Authority of the City of Mishawaka ............................................................................................ 1/9/2024 

IN025 ........................... Housing Authority of the City of Charlestown .......................................................................................... 2/9/2024 

IN047 ........................... Housing Authority of the City of Crawfordsville ....................................................................................... 1/3/2024 

IN050 ........................... New Castle Housing Authority ................................................................................................................. 1/31/2024 

IN078 ........................... Housing Authority of the City of Greensburg ........................................................................................... 1/31/2024 

IN086 ........................... Housing Authority of the City of Union City ............................................................................................. 1/9/2024 

IN091 ........................... Housing Authority of the City of Peru ...................................................................................................... 2/22/2024 

IN901 ........................... Indiana Housing and Community Development ...................................................................................... 1/3/2024 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92709 

Code PHAs Waiver signed 

MO227 ........................ Housing Assistance Program of St Charles County ................................................................................ 1/31/2024 

NE181 ......................... Goldenrod Regional Housing Agency ...................................................................................................... 1/9/2024 

NH009 ......................... Lebanon Housing Authority ..................................................................................................................... 3/6/2024 

NY009 ......................... Albany Housing Authority ......................................................................................................................... 3/6/2024 

NY406 ......................... Village of Fairport ..................................................................................................................................... 2/22/2024 

OH029 ......................... Ashtabula Metropolitan Housing Authority ............................................................................................... 1/31/2024 

PA047 ......................... Wilkes Barre Housing Authority ............................................................................................................... 1/31/2024 

RQ013 ......................... Municipality of Trujillo Alto ....................................................................................................................... 3/14/2024 

SC028 ......................... Housing Authority of Georgetown ............................................................................................................ 3/6/2024 

TN026 ......................... Etowah Housing Authority ........................................................................................................................ 2/22/2024 

TN054 ......................... Cleveland Housing Authority .................................................................................................................... 1/3/2024 

TN062 ......................... Dayton Housing Authority ........................................................................................................................ 1/31/2024 

TX512 .......................... Deep East Texas Council of Governments ............................................................................................. 1/31/2024 

UT028 ......................... Roosevelt City Housing Authority ............................................................................................................ 2/22/2024 

WI206 .......................... Door County Housing Authority ............................................................................................................... 1/31/2024 

• 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 PIH_Expedited_Waivers@

hud.gov. 

Code PHAs Waiver signed 

AZ038 .......................... Chandler Housing Authority ..................................................................................................................... 2/9/2024 

CA007 ......................... County of Sacramento Housing Authority ............................................................................................... 1/31/2024 

CA033 ......................... County of Monterey Housing Authority .................................................................................................... 1/31/2024 

IN011 ........................... Housing Authority of the City of Gary ...................................................................................................... 1/31/2024 

IN086 ........................... Housing Authority of the City of Union City ............................................................................................. 1/9/2024 

IN901 ........................... Indiana Housing and Community Development ...................................................................................... 1/3/2024 

PA015 ......................... Fayette County Housing Authority ........................................................................................................... 1/31/2024 

TN054 ......................... Cleveland Housing Authority .................................................................................................................... 1/3/2024 

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

• 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 PIH_Expedited_Waivers@

hud.gov. 

Code PHAs Waiver signed 

AL008 .......................... Selma Housing Authority ......................................................................................................................... 2/22/2024 

AR020 ......................... Little River County Housing Authority ...................................................................................................... 1/31/2024 

AR197 ......................... White River Regional Housing Authority ................................................................................................. 1/31/2024 

CA033 ......................... County of Monterey Housing Authority .................................................................................................... 1/31/2024 

CA055 ......................... Housing Authority of the City of Vallejo ................................................................................................... 3/14/2024 

CA086 ......................... County of Humboldt Housing Authority ................................................................................................... 3/14/2024 

CA144 ......................... Lake County Housing Commission .......................................................................................................... 1/3/2024 


ddrumheller on DSK120RN23PROD with NOTICES1
92710 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

Code PHAs Waiver signed 

FL017 .......................... Housing Authority of the City of Miami Beach ......................................................................................... 1/3/2024 

FL032 .......................... Ocala Housing Authority .......................................................................................................................... 1/3/2024 

FL049 .......................... North Central Florida Regional County .................................................................................................... 3/14/2024 

FL068 .......................... Housing Authority of the City of Homestead ........................................................................................... 1/9/2024 

IA045 ........................... Davenport Housing Commission ............................................................................................................. 1/3/2024 

IL082 ........................... Housing Authority of the County of Jodaviess ........................................................................................ 3/14/2024 

IN004 ........................... Delaware County Housing Authority ........................................................................................................ 1/9/2024 

IN005 ........................... Housing Authority of the City of Muncie .................................................................................................. 2/22/2024 

IN006 ........................... Housing Authority of the City of Anderson .............................................................................................. 2/9/2024 

IN009 ........................... Housing Authority of the City of Richmond ............................................................................................. 2/9/2024 

IN019 ........................... Housing Authority of the City of Michigan City ........................................................................................ 3/14/2024 

IN020 ........................... Housing Authority of the City of Mishawaka ............................................................................................ 1/9/2024 

IN025 ........................... Housing Authority of the City of Charlestown .......................................................................................... 2/9/2024 

IN047 ........................... Housing Authority of the City of Crawfordsville ....................................................................................... 1/3/2024 

IN050 ........................... New Castle Housing Authority ................................................................................................................. 1/31/2024 

IN086 ........................... Housing Authority of the City of Union City ............................................................................................. 1/9/2024 

KY026 ......................... Housing Authority of Glasgow ................................................................................................................. 3/14/2024 

KY157 ......................... Housing Authority of Floyd County .......................................................................................................... 3/6/2024 

KY161 ......................... Appalachian Foothills Housing Agency Inc ............................................................................................. 3/14/2024 

MI880 .......................... Housing Services Mid-Michigan ............................................................................................................... 2/22/2024 

MO065 ........................ Chillicothe Housing Authority ................................................................................................................... 3/6/2024 

MO212 ........................ Ripley County Public Housing Agency .................................................................................................... 1/31/2024 

MO227 ........................ Housing Assistance Program of St. Charles County ............................................................................... 1/31/2024 

MT006 ......................... Richland County Housing Authority ......................................................................................................... 3/6/2024 

NE181 ......................... Goldenrod Regional Housing Agency ...................................................................................................... 1/9/2024 

NH009 ......................... Lebanon Housing Authority ..................................................................................................................... 3/6/2024 

NY001 ......................... Syracuse Housing Authority .................................................................................................................... 3/6/2024 

NY009 ......................... Albany Housing Authority ......................................................................................................................... 3/6/2024 

NY406 ......................... Village of Fairport ..................................................................................................................................... 2/22/2024 

OH001 ......................... Columbus Metropolitan Housing Authority .............................................................................................. 2/9/2024 

OH029 ......................... Ashtabula Metropolitan Housing Authority ............................................................................................... 1/31/2024 

PA038 ......................... Lackawanna County Housing Authority ................................................................................................... 1/31/2024 

PA047 ......................... Wilkes Barre Housing Authority ............................................................................................................... 1/31/2024 

RQ013 ......................... Municipality of Trujillo Alto ....................................................................................................................... 2/9/2024 

SC002 ......................... Housing Authority of the City of Columbia .............................................................................................. 1/31/2024 

SC028 ......................... Housing Authority of Georgetown ............................................................................................................ 3/6/2024 

TN006 ......................... Kingsport Housing and Redevelopment Authority ................................................................................... 1/9/2024 

TN026 ......................... Etowah Housing Authority ........................................................................................................................ 2/22/2024 

TN054 ......................... Cleveland Housing Authority .................................................................................................................... 1/3/2024 

TN062 ......................... Dayton Housing Authority ........................................................................................................................ 1/31/2024 

TX512 .......................... Deep East Texas Council of Governments ............................................................................................. 1/31/2024 

WI048 .......................... New London Housing Authority ............................................................................................................... 1/9/2024 

WI206 .......................... Door County Housing Authority ............................................................................................................... 1/31/2024 

WV005 ........................ Housing Authority of the City of Parkersburg .......................................................................................... 2/9/2024 

• 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 PIH_Expedited_Waivers@

hud.gov. 

Code PHAs Waiver signed 

CA033 ......................... County of Monterey Housing Authority .................................................................................................... 1/31/2024 

FL021 .......................... Pahokee Housing Authority ..................................................................................................................... 2/9/2024 

IN086 ........................... Housing Authority of the City of Union City ............................................................................................. 1/9/2024 

IN901 ........................... Indiana Housing and Community Development ...................................................................................... 1/3/2024 

KY040 ......................... Housing Authority of Mayfield .................................................................................................................. 1/31/2024 

MO227 ........................ Housing Assistance Program of St. Charles County ............................................................................... 1/31/2024 

TN006 ......................... Kingsport Housing and Redevelopment .................................................................................................. 1/9/2024 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 92711 

Code PHAs Waiver signed 

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

[FR Doc. 2024–27381 Filed 11–21–24; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A501010.999900] 

HEARTH Act Approval of Bay Mills 

Indian Community, Michigan, Leasing 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) approved the Bay Mills Indian 

Community, Michigan Leasing 

Ordinance under the Helping Expedite 

and Advance Responsible Tribal 

Homeownership Act of 2012 (HEARTH 

Act). With this approval, the Tribe is 

authorized to enter into agriculture, 

business, residential, wind and solar, 

public, religious, and recreational leases 

without further BIA approval. 

DATES: BIA issued the approval on 

November 12, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carla Clark, Bureau of Indian Affairs, 

Division of Real Estate Services, 1001 

Indian School Road NW, Albuquerque, 

NM 87104, carla.clark@bia.gov, (702) 

484–3233. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the HEARTH Act 

The HEARTH Act makes a voluntary, 

alternative land leasing process 

available to Tribes, by amending the 

Indian Long-Term Leasing Act of 1955, 

25 U.S.C. 415. The HEARTH Act 

authorizes Tribes to negotiate and enter 

into business leases of Tribal trust lands 

with a primary term of 25 years, and up 

to two renewal terms of 25 years each, 

without the approval of the Secretary of 

the Interior (Secretary). The HEARTH 

Act also authorizes Tribes to enter into 

leases for residential, recreational, 

religious or educational purposes for a 

primary term of up to 75 years without 

the approval of the Secretary. 

Participating Tribes develop Tribal 

Leasing regulations, including an 

environmental review process, and then 

must obtain the Secretary’s approval of 

those regulations prior to entering into 

leases. The HEARTH Act requires the 

Secretary to approve Tribal regulations 

if the Tribal regulations are consistent 

with the Department of the Interior’s 

(Department) leasing regulations at 25 

CFR part 162 and provide for an 

environmental review process that 

meets requirements set forth in the 

HEARTH Act. This notice announces 

that the Secretary, through the Assistant 

Secretary—Indian Affairs, has approved 

the Tribal regulations for the Bay Mills 

Indian Community, Michigan. 

II. Federal Preemption of State and 

Local Taxes 

The Department’s regulations 

governing the surface leasing of trust 

and restricted Indian lands specify that, 

subject to applicable Federal law, 

permanent improvements on leased 

land, leasehold or possessory interests, 

and activities under the lease are not 

subject to State and local taxation and 

may be subject to taxation by the Indian 

Tribe with jurisdiction. See 25 CFR 

162.017. As explained further in the 

preamble to the final regulations, the 

Federal Government has a strong 

interest in promoting economic 

development, self-determination, and 

Tribal sovereignty. 77 FR 72440, 72447– 

48 (December 5, 2012). The principles 

supporting the Federal preemption of 

State law in the field of Indian leasing 

and the taxation of lease-related 

interests and activities applies with 

equal force to leases entered into under 

Tribal leasing regulations approved by 

the Federal Government pursuant to the 

HEARTH Act. 

Section 5 of the Indian Reorganization 

Act, 25 U.S.C. 5108, preempts State and 

local taxation of permanent 

improvements on trust land. 

Confederated Tribes of the Chehalis 

Reservation v. Thurston County, 724 

F.3d 1153, 1157 (9th Cir. 2013) (citing 

Mescalero Apache Tribe v. Jones, 411 

U.S. 145 (1973)). Similarly, section 5108 

preempts State taxation of rent 

payments by a lessee for leased trust 

lands, because ‘‘tax on the payment of 

rent is indistinguishable from an 

impermissible tax on the land.’’ See 

Seminole Tribe of Florida v. Stranburg, 

799 F.3d 1324, 1331, n.8 (11th Cir. 

2015). In addition, as explained in the 

preamble to the revised leasing 

regulations at 25 CFR part 162, Federal 

courts have applied a balancing test to 

determine whether State and local 

taxation of non-Indians on the 

reservation is preempted. White 

Mountain Apache Tribe v. Bracker, 448 

U.S. 136, 143 (1980). The Bracker 

balancing test, which is conducted 

against a backdrop of ‘‘traditional 

notions of Indian self-government,’’ 

requires a particularized examination of 

the relevant State, Federal, and Tribal 

interests. We hereby adopt the Bracker 

analysis from the preamble to the 

surface leasing regulations, 77 FR at 

72,447–48, as supplemented by the 

analysis below. 

The strong Federal and Tribal 

interests against State and local taxation 

of improvements, leaseholds, and 

activities on land leased under the 

Department’s leasing regulations apply 

equally to improvements, leaseholds, 

and activities on land leased pursuant to 

Tribal leasing regulations approved 

under the HEARTH Act. Congress’s 

overarching intent was to ‘‘allow Tribes 

to exercise greater control over their 

own land, support self-determination, 

and eliminate bureaucratic delays that 

stand in the way of homeownership and 

economic development in Tribal 

communities.’’ 158 Cong. Rec. H. 2682 

(May 15, 2012). The HEARTH Act was 

intended to afford Tribes ‘‘flexibility to 

adapt lease terms to suit [their] business 

and cultural needs’’ and to ‘‘enable 

[Tribes] to approve leases quickly and 

efficiently.’’ H. Rep. 112–427 at 6 

(2012). 

Assessment of State and local taxes 

would obstruct these express Federal 

policies supporting Tribal economic 

development and self-determination, 

and also threaten substantial Tribal 

interests in effective Tribal government, 

economic self-sufficiency, and territorial 

autonomy. See Michigan v. Bay Mills 

Indian Community, 572 U.S. 782, 810 

(2014) (Sotomayor, J., concurring) 

(determining that ‘‘[a] key goal of the 

Federal Government is to render Tribes 

more self-sufficient, and better 

positioned to fund their own sovereign 

functions, rather than relying on Federal 

funding’’). The additional costs of State 

and local taxation have a chilling effect 

on potential lessees, as well as on a 

Tribe that, as a result, might refrain from 

exercising its own sovereign right to 

impose a Tribal tax to support its 

infrastructure needs. See id. at 810–11 

(finding that State and local taxes 

greatly discourage Tribes from raising 

tax revenue from the same sources 

because the imposition of double 

taxation would impede Tribal economic 

growth). 


ddrumheller on DSK120RN23PROD with NOTICES1