14554 Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 

i. Loan Management Set-Aside Section 

236 of the National Housing Act (12 

U.S.C. 1715z–1) 

j. Property Disposition Set-Aside of the 

Housing Act of 1959 (12 U.S.C. 

1701) 

k. Section 101 Rent Supplement of the 

Housing and Urban Development 

Act of 1965 (12 U.S.C. 1701s) 

l. Section 202/162 Project Assistance 

Contract of the Housing Act of 1959 

(24 CFR 891.655) 

m. Section 202 Project Rental Assistance 

Contract (PRAC) of the Housing Act 

of 1959 (12 U.S.C. 1701q) 

n. Section 811 PRAC of the CranstonGonzalez National Affordable 

Housing Act (42 U.S.C. 8013) 

o. Section 236 of the National Housing 

Act (12 U.S.C. 1715z–1) 

p. Section 236 Rental Assistance 

Program (RAP) of the National 

Housing Act (12 U.S.C. 1715z–1) 

q. Section 221(d)(3) Below Market 

Interest Rate and 236 of the 

National Housing Act of 1959 (12 

U.S.C. 171519(d)(3) and 1715z–1) 

r. Section 8 Moderate Rehabilitation (24 

CFR part 882) 

s. Project-Based Voucher (24 CFR part 

983) 

Note: The Low-Income Housing Tax Credit 

and Rural Housing Services Section 515 

(non-section 8) are not included under the 

rental housing assistance programs covered 

under this CMA. 

Categories of Records: The following 

are the categories of record in this 

matching agreement that HUD will 

provide SSA for each individual for 

whom HUD requests information: 

D First name 

D Last name 

D SSN 

D Date of Birth (DOB) 

SSA will provide HUD with the 

following information for each 

individual for whom HUD requests 

information: 

D The amount of monthly benefits for 

each recipient of Title II, Title XVI, 

and Title VIII benefits 

D SSN match/no match response 

D In the case of a ‘‘no match’’, the 

reason for the no match response in 

the form of an error code 

D A death indicator, if applicable 

System(s) of Records: SSA will 

conduct the matching of tenant SSNs 

and additional identifiers (surnames 

and DOBs) to tenant data that HUD 

supplies from its systems of records 

known as: 

1. Tenant Rental Assistance 

Certification System (TRACS) 

HSNG.MF.HITS.02, a component of 

HUD’s Tenant Housing Assistance and 

Contract Verification Data System, 

published on August 22, 2016 (81 FR 

56684); 

2. Inventory Management System, 

Public Housing Information System 

(IMS/PIC), HUD/PIH.01, published on 

March 25, 2019 (84 FR 11117); and 

3. Enterprise Income Verification 

(EIV) System, HUD/PIH–5, published on 

September 1, 2009 (74 FR 45235). 

Program administrators utilize the 

form HUD–50058 module within IMS/ 

PIC system and the form HUD–50059 

module within TRACS to provide HUD 

with the tenant data. SSA will match 

the tenant data in TRACS and IMS/PIC 

to its systems of records known as 

1. SSA’s Master Files of Social 

Security Number (SSN) Holders and 

SSN Applications (Enumeration 

System), 60–0058; last fully published 

December 29, 2010 (75 FR 82121) and 

amended on July 5, 2013 (78 FR 40542), 

February 13, 2014 (79 FR 8780), July 3, 

2018 (83 FR 31250 and 83 FR 31251), 

and November 1, 2018 (83 FR 54969); 

2. Supplemental Security Income 

Record and Special Veterans Benefits, 

60–0103, last fully published on January 

11, 2006 (71 FR 1830) and amended 

December 10, 2007 (72 FR 69723), July 

3, 2018 (83 FR 31250 and 83 FR 31251) 

and November 1, 2018 (83 FR 64969); 

and 

3. Master Beneficiary Record (MBR), 

60–0090, last fully published on January 

11, 2006 (71 FR 1826) and amended on 

December 10, 2007 (72 FR 69723), July 

5, 2013 (78 FR 40542), July 3, 2018 (83 

FR 31250 and 83 FR 31251), and 

November 1, 2018 (83 FR 54969). 

Dated: January 11, 2022. 

Nancy Corsiglia, 

Senior Agency Official for Privacy. 

[FR Doc. 2022–05438 Filed 3–14–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6268–N–03] 

Notice of Regulatory Waiver Requests 

Granted for the Third Quarter of 

Calendar Year 2021 

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 July 1, 

2021, and ending on September 30, 

2021, including those made pursuant to 

the CARES Act. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this notice, 

contact Aaron Santa Anna, Associate 

General Counsel for Legislation and 

Regulations, Department of Housing and 

Urban Development, 451 Seventh Street 

SW, Room 10282, Washington, DC 

20410–0500, telephone 202–708–5300 

(this is not a toll-free number). Persons 

with hearing- or speech-impairments 

may access this number through TTY by 

calling the toll-free Federal Relay 

Service at 800–877–8339. 

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 third quarter of 

calendar year 2021. 

SUPPLEMENTARY INFORMATION: Section 

106 of the HUD Reform Act added a 

new section 7(q) to the Department of 

Housing and Urban Development Act 

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

that: 

1. Any waiver of a regulation must be 

in writing and must specify the grounds 

for approving the waiver; 

2. Authority to approve a waiver of a 

regulation may be delegated by the 

Secretary only to an individual of 

Assistant Secretary or equivalent rank, 

and the person to whom authority to 

waive is delegated must also have 

authority to issue the particular 

regulation to be waived; 

3. Not less than quarterly, the 

Secretary must notify the public of all 

waivers of regulations that HUD has 

approved, by publishing a notice in the 

Federal Register. These notices (each 

covering the period since the most 

recent previous notification) shall: 

a. Identify the project, activity, or 

undertaking involved; 

b. Describe the nature of the provision 

waived and the designation of the 

provision; 

c. Indicate the name and title of the 

person who granted the waiver request; 

d. Describe briefly the grounds for 

approval of the request; and 

e. State how additional information 

about a particular waiver may be 

obtained. 

Section 106 of the HUD Reform Act 

also contains requirements applicable to 


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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 July 1, 

2021, through September 30, 2021. 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 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. 

Additionally, this notice includes 

waivers made pursuant to the 

Coronavirus Aid, Relief and Economic 

Security Act (CARES Act), not 

previously published in the Federal 

Register. These waivers are listed 

separately from other individual 

waivers within each program office 

grouping, as CARES Act waivers 

broadly covered all affected parties 

rather than individual, case-by-case 

situations. 

Should HUD receive additional 

information about waivers granted 

during the period covered by this report 

(the third quarter of calendar year 2021) 

before the next report is published (the 

fourth quarter of calendar year 2021), 

HUD will include any additional 

waivers granted for the third quarter in 

the next report. 

Accordingly, information about 

approved waiver requests pertaining to 

HUD regulations is provided in the 

Appendix that follows this notice. 

Damon C. Smith, 

General Counsel. 

Appendix 

Listing of Waivers of Regulatory 

Requirements Granted by Offices of the 

Department of Housing and Urban 

Development July 1, 2021, Through 

September 30, 2021 

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. CARES Act Waivers Contained in CPD 

Notice 21–08 (July 19, 2021) 

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 91.105(c)(2), and (k); 

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

91.401. 

Project/Activity: Any HUD Community 

Planning and Development (CPD) grantee 

located in the counties included in the 

declared-disaster area (see FEMA–DR–4611) 

seeking to expedite action in response to 

Hurricane Ida, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 

Nature of Requirement: The regulations at 

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

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

require a 30-day public comment period 

prior to the implementation of a substantial 

amendment. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: Hurricane Ida caused 

substantial damage to communities in 

Louisiana. As a result of substantial property 

loss and destruction, many individuals and 

families residing in the declared-disaster 

areas were displaced from their homes, 

including beneficiaries of various CPD 

programs, and families eligible to receive 

CPD program assistance. Some individuals 

and families continued to live in homes with 

habitability deficits, particularly related to 

potable water and electricity. A presidential 

disaster declaration was issued on August 29, 

2021, (FEMA–DR–4611) for Hurricane Ida. In 

reducing the comment period to seven days, 

this waiver balances the need to quickly 

assist families dealing with the after-effects of 

Hurricane Ida while continuing to provide 

reasonable notice and opportunity for 

citizens to comment on the proposed uses of 

CDBG, HOME, HTF, HOPWA, and ESG 

funds. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

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

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

91.401. 

Project/Activity: Any HUD Community 

Planning and Development (CPD) grantee 

located in the counties included in the 

declared-disaster area (see FEMA–DR–4614 

and FEMA–DR–4615) seeking to expedite 

action in response to the remnants of 

Hurricane Ida, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 

Nature of Requirement: The regulations at 

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

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

require a 30-day public comment period 

prior to the implementation of a substantial 

amendment. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: The remnants of Hurricane 

Ida caused substantial damage to 

communities in New York and New Jersey. 

As a result of substantial property loss and 

destruction, many individuals and families 

residing in the declared-disaster areas were 

displaced from their homes, including 

beneficiaries of various CPD programs, and 

families eligible to receive CPD program 

assistance. Some individuals and families 

continued to live in homes with habitability 

deficits, particularly related to potable water 

and electricity. A presidential disaster 

declaration was issued on September 5, 2021, 

(FEMA–DR–4614 and FEMA–DR–4615) for 

the remnants of Hurricane Ida. In reducing 

the comment period to seven days, this 

waiver balances the need to quickly assist 

families dealing with the after-effects of 

Hurricane Ida while continuing to provide 

reasonable notice and opportunity for 

citizens to comment on the proposed uses of 

CDBG, HOME, HTF, HOPWA, and ESG 

funds. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

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

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

Project/Activity: Any HUD Community 

Planning and Development (CPD) grantee 

located in the counties included in the 

declared-disaster area (see FEMA–DR–4611) 

seeking to expedite action in response to 

Hurricane Ida, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 


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Nature of Requirement: The regulations at 

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

91.115(c)(2) and (i) require grantees to 

provide reasonable notice and opportunity to 

comment, in accordance with a grantee’s 

citizen participation plan, for substantial 

amendments to the consolidated plan. The 

citizen participation plan must state how 

reasonable notice and opportunity to 

comment will be given. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: HUD recognizes that the 

destruction wrought by Hurricane Ida makes 

it difficult for impacted jurisdictions in 

Louisiana to provide notice to their citizens 

in accordance with their citizen participation 

plans. HUD’s waiver will allow these 

grantees to determine what constitutes 

reasonable notice and opportunity to 

comment on substantial amendments 

through the end of their 2021 program year. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

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

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

Project/Activity: Any HUD Community 

Planning and Development (CPD) grantee 

located in the counties included in the 

declared-disaster area (see FEMA–DR–4614 

and FEMA–DR–4615) seeking to expedite 

action in response to the remnants of 

Hurricane Ida, upon notification to the 

Community Planning and Development 

Director in its respective HUD Field Office. 

Nature of Requirement: The regulations at 

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

91.115(c)(2) and (i) require grantees to 

provide reasonable notice and opportunity to 

comment, in accordance with a grantee’s 

citizen participation plan, for substantial 

amendments to the consolidated plan. The 

citizen participation plan must state how 

reasonable notice and opportunity to 

comment will be given. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: HUD recognizes that the 

destruction wrought by the remnants of 

Hurricane Ida make it difficult for impacted 

jurisdictions in New York and New Jersey to 

provide notice to their citizens in accordance 

with their citizen participation plans. HUD’s 

waiver will allow these grantees to determine 

what constitutes reasonable notice and 

opportunity to comment on substantial 

amendments through the end of their 2021 

program year. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

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

Project/Activity: Families displaced by the 

disaster (as documented by FEMA 

registration) whose income documentation 

was destroyed or made inaccessible by 

Hurricane Ida. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. Many families 

whose housing was destroyed or damaged by 

Hurricane Ida will not have any 

documentation of income and will not be 

able to qualify for HOME assistance if the 

requirement remains effective. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA, 

September 9, 2021, for NY/NJ. 

Reason Waived: This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

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

documentation to determine eligibility for 

HOME assistance of persons displaced by 

Hurricane Ida. 

Applicability: This waiver applies only to 

families displaced by the disaster (as 

documented by FEMA registration) whose 

income documentation was destroyed or 

made inaccessible by Hurricane Ida and 

remains in effect for six months from the date 

of this memorandum. The participating 

jurisdiction or, as appropriate, HOME project 

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

of FEMA registration to demonstrate that a 

family was displaced by Hurricane Ida; and 

(2) a statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.205(e)(2) and 24 

CFR 92.64(a) (Insular Areas). 

Project/Activity: Four-Year Project 

Completion Deadline. 

Nature of Requirement: The provision 

requires that projects assisted with HOME 

funds be completed within 4 years of the date 

that HOME funds were committed. If the 

project is not complete, in accordance with 

the definition of ‘‘project completion’’ at 24 

CFR 92.2, by the deadline, the project is 

involuntarily terminated in HUD’s Integrated 

Data Information System (IDIS), and the PJ 

must repay all funds invested in the project. 

The regulations permit a PJ to request an 

extension of the deadline for up to one year. 

24 CFR 92.64(a) applies these requirements 

to Insular Areas. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 27, 2021. 

Reason Waived: This waiver is necessary to 

provide additional time to permit completion 

of HOME-assisted projects that may be 

delayed because of the impact of COVID–19 

on project timelines. These delays may occur 

because of worker illnesses or efforts to 

reduce the spread of COVID–19, such as 

smaller construction crews or delays in local 

permitting or inspections due to government 

office closures. 

Applicability: This waiver applies to 

projects with 4-year project completion 

deadlines that occurred or will occur on after 

April 10, 2020, including projects with 

deadlines that were extended for one-year 

pursuant to an approved request under 24 

CFR 92.205(e)(2) if such extension was in 

effect on or after April 10, 2020. The 

completion deadlines for covered projects 

will be extended to March 31, 2022. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.218 and 

92.222(b). 

Project/Activity: Any participating 

jurisdiction located in the areas included in 

the declared-disaster area (see FEMA–DR– 

4611–LA or FEMA–DR–4614–NJ and DR– 

4615–NY) which were damaged by Hurricane 

Ida. 

Nature of Requirement: This provision 

requires all HOME participating jurisdictions 

to contribute throughout the fiscal year to 

housing that qualifies as affordable housing 

under the HOME program. The contributions 

must total no less than 25 percent of the 

HOME funds drawn from the participating 

jurisdiction’s HOME Investment Trust Fund 

Treasury account. Reducing the match 

requirement for the participating jurisdiction 

by 100 percent for FY 2022 and FY 2023 will 

eliminate the need for the participating 

jurisdiction to identify match for HOME 

projects related to the damage caused by 

Hurricane Ida. The requirement that the 

participating jurisdiction must submit a copy 

of the Presidential major disaster-declaration 

is waived. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA, 

September 9, 2021, for NY/NJ. 

Reason Waived: Given the urgent housing 

needs created by Hurricane Ida and the 

substantial financial impact the participating 

jurisdiction will face in addressing those 

needs, the approval of a match reduction will 

relieve the participating jurisdiction from the 

need to identify and provide matching 

contributions to HOME projects. 

Applicability: This match reduction 

applies to funds expended by a participating 

jurisdiction located in the declared-disaster 

area from October 1, 2020, through 

September 30, 2023. The suspension also 

applies to State-funded HOME projects 

located in declared-disaster areas. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.218 and 

92.222(b). 

Project/Activity: Matching Contribution. 

Nature of Requirement: The regulations 

require all HOME PJs to contribute 


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throughout the fiscal year to housing that 

qualifies as affordable housing under the 

HOME program. The contributions must total 

no less than 25 percent of the HOME funds 

drawn from the PJ’s HOME Investment Trust 

Fund Treasury account. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 27, 2021. 

Reason Waived: The COVID–19 pandemic 

has drastically reduced economic activity, 

reducing state and local tax revenues, and 

placing financial strain on PJs as they deliver 

urgently needed public health, emergency 

housing, education, and community and 

social services. Reducing the matching 

requirement for PJs in areas covered by a 

major disaster declaration by 100 percent for 

FY 2020, 2021 and FY 2022 will ease the 

economic burden on PJs and eliminate the 

need for them to identify other sources of 

match for HOME activities. Given the urgent 

housing and economic needs created by 

COVID–19, and the substantial financial 

impact the PJ will face in addressing those 

needs, waiver of these regulations will 

relieve the PJ from the need to identify and 

provide matching contributions to HOME 

projects. 

Applicability: This match reduction waiver 

is in effect from October 19, 2019, until 

September 30, 2022, and applies to funds 

expended by a PJ for FY 2020, FY 2021, and 

FY 2022. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Any housing units located 

in the areas included in the declared-disaster 

area (see FEMA–DR–4611–LA or FEMA–DR– 

4614–NJ and DR–4615–NY) which were 

damaged by Hurricane Ida and to which 

HOME funds are committed within two years 

of the date of the memorandum. 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, i.e., homebuyer 

assistance, and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived for repair of 

properties damaged by Hurricane Ida. Units 

must meet State and local health and safety 

codes. The lead housing safety regulations 

established in 24 CFR part 35 are not waived. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA, 

September 9, 2021, for NY/NJ. 

Reason Waived: This waiver is required to 

enable the participating jurisdiction to meet 

the critical housing needs of families whose 

housing was damaged and families who were 

displaced by Hurricane Ida. 

Applicability: This waiver applies only to 

housing units located in the declared-disaster 

areas which were damaged by the disaster 

and to which HOME funds are committed 

within two years of the date of this 

memorandum. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

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) Utility 

Allowance Requirements. 

Project/Activity: The State of California 

and Alameda County requested a waiver of 

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

allowance established by the local public 

housing agency (PHA) for two HOMEassisted projects—Mission Court Nine and 

Manzanita Family Apartments. 

Nature of Requirement: The regulation at 

24 CFR 92.252(d)(1) requires participating 

jurisdictions to establish maximum monthly 

allowances for utilities and services 

(excluding telephone) and update the 

allowances annually. However, participating 

jurisdictions are not permitted to use the 

utility allowance established by the local 

public housing authority for HOME-assisted 

rental projects for which HOME funds were 

committed on or after August 23, 2013. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: July 23, 2021. 

Reason Waived: The HOME requirements 

for establishing a utility allowances conflict 

with Project Based Voucher program 

requirements. It is not possible to use two 

different utility allowances to set the rent for 

a single unit and it is administratively 

burdensome to require a project owner 

establish and implement different utility 

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

waiver will make quality affordable housing 

available to Project-Based Voucher (PBV) 

program participants by permitting the use of 

HOME funds in PBV-assisted projects. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.504(d)(1)(ii) and 

24 CFR 92.64(a) (Insular Areas). 

Project/Activity: Ongoing Periodic 

Inspections of HOME-assisted Rental 

Housing. 

Nature of Requirement: These provisions 

require that during the period of affordability 

PJs perform on-site inspections of HOMEassisted rental housing to determine 

compliance with the property standards at 24 

CFR 92.251 and to verify the information 

submitted by the owners in accordance with 

the income and rent requirements of section 

92.252. Onsite inspections must occur at 

least once every three years during the period 

of affordability. 24 CFR 92.64(a) applies these 

requirements to Insular Areas. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 27, 2021. 

Reason Waived: Waiving the requirement 

to perform ongoing on-site inspections will 

help protect PJ staff and limit the spread of 

COVID–19. To protect PJ staff and reduce the 

spread of COVID–19, this waiver extends the 

timeframe for PJs to perform on-going 

periodic inspections and on-site reviews to 

determine a HOME rental project’s 

compliance with property standards and rent 

and income requirements. 

Applicability: The waiver is applicable to 

ongoing periodic inspections. Within 180 

days of the end of this waiver period, PJs 

must physically inspect units that would 

have been subject to ongoing inspections 

since the waiver period began on April 10, 

2020. The waiver is also applicable to on-site 

reviews to determine a HOME rental project’s 

compliance with rent and income 

requirements if the project owner is unable 

to make documentation available 

electronically. The waiver is in effect through 

December 31, 2021. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.504(d)(1)(iii); 24 

CFR 92.209(i) requirement for annual reinspections and 24 CFR 92.64(a) (Insular 

Areas). 

Project/Activity: Housing Quality 

Standards—Annual Inspections of TBRA 

Units. 

Nature of Requirement: These provisions 

require PJs to annually inspect each unit 

occupied by a recipient of HOME TBRA. 24 

CFR 92.64(a) applies these requirements to 

Insular Areas. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 27, 2021. 

Reason Waived: Waiving the requirement 

that annual re-inspections be performed 

according to schedule will protect the health 

of both inspectors and TBRA tenants by 

observing physical distancing 

recommendations to limit the spread of 

COVID–19. 

Applicability: The waiver is applicable to 

annual HQS re-inspections required to occur 

from April 10, 2020, through December 31, 

2021, and for units that were not initially 

inspected because of the PJ’s use of a 

previous waiver under HUD’s April 2020 

Memo and/or the December 2020 Memo 

which provided waivers in response to the 

COVID–19 pandemic. PJs must make 

reasonable efforts to address any tenant 

reported health and safety issues during the 

waiver period. HUD encourages PJs to 

conduct ongoing inspections during the 

waiver period to the greatest extent feasible 

and consistent with employee and tenant 

safety. After December 31, 2021, all housing 

occupied by households receiving HOME 

TBRA must meet the housing quality 

standards (HQS) at 24 CFR 982.401. Within 

180 days of the end of this waiver period, PJs 

must physically inspect units that would 

have been subject to inspections since the 

waiver period began on April 10, 2020. This 

waiver does not apply to the lead hazard 

reduction requirements at 24 CFR 35.1215. 

Consequently, units built before 1978 must 

undergo visual evaluation and paint repair in 

accordance with 24 CFR part 35, subpart M. 

PJs using this waiver authority must establish 


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procedures to minimize the risk that tenants 

are in housing that does not meet HQS. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.551(b)(1) and 24 

CFR 92.64(a). 

Project/Activity: Timeframe for a HOME 

participating jurisdiction’s response to 

findings of noncompliance. 

Nature of Requirement: The regulations 

require that if HUD determines that a 

participating jurisdiction has not met a 

provision of the HOME regulations, the 

participating jurisdiction must be notified 

and given an opportunity to respond within 

a time period prescribed by HUD, not to 

exceed 30 days. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 27, 2021. 

Reason Waived: The waiver is necessary to 

permit HUD to provide participating 

jurisdictions with an extended period to 

respond to findings of noncompliance in 

recognition of the unanticipated 

circumstances created by the COVID–19 

pandemic. Requiring participating 

jurisdictions to respond to all findings of 

noncompliance within 30 days may interfere 

with a participating jurisdiction’s ability to 

address the unprecedented housing needs 

caused by the COVID–19 pandemic. 

Applicability: The waiver applies to all 

findings of HOME regulatory noncompliance 

issued from April 10, 2020, through March 

31, 2022. In the notice of findings, HUD will 

specify a time period for the participating 

jurisdiction’s response. HUD may also extend 

time periods imposed before April 10, 2020. 

The waiver is available to all HOME 

participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Families displaced by the 

disaster (as documented by FEMA 

registration) whose income documentation 

was destroyed or made inaccessible by 

Hurricane Ida. 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. Many families 

whose homes were destroyed or damaged by 

Hurricane Ida will not have any 

documentation of income and will not be 

able to qualify for HTF assistance if the 

requirement remains effective. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA, 

September 9, 2021, for NY/NJ. 

Reason Waived: This waiver permits the 

grantee to use self-certification of income, as 

provided in section 93.151(d)(2), in lieu of 

source documentation to determine initial 

eligibility of persons displaced by Hurricane 

Ida for HTF assistance. 

Applicability: This waiver applies only to 

families displaced by the disaster (as 

documented by FEMA registration) whose 

income documentation was destroyed or 

made inaccessible by Hurricane Ida and 

remains in effect for six months from the date 

of this memorandum. The grantee or, as 

appropriate, HTF project owner, is required 

to maintain: (1) A record of FEMA 

registration to demonstrate that a family was 

displaced by Hurricane Ida; and (2) a 

statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, U.S. 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 570.201(e)(1) or (2) 

and Section 105(a)(8) of the Housing and 

Community Development Act of 1974, as 

amended (the Act). 

Project/Activity: Any CDBG Entitlement 

grantee or State CDBG Program unit of 

general local government assisting persons 

and families who have registered with FEMA 

in connection with Hurricane Ida upon 

notification by the grantee to the Community 

Planning and Development Director in its 

respective HUD Field Office. 

Nature of Requirement: The regulations at 

24 CFR 570.201(e) limit the amount of CDBG 

funds used for public services to no more 

than 15 percent of the grantee’s most recent 

CDBG grant plus 15 percent of program 

income received. Section 105(a)(8) sets forth 

the limitation of no more than 15 percent of 

each grant to be used for public services. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: Several CDBG grantees, 

located within the declared-disaster areas, 

were affected by Hurricane Ida. The waiver 

granted will allow these grantees to expedite 

recovery efforts for low and moderate income 

residents affected by this event; pay for 

additional support services for affected 

individuals and families, including, but not 

limited to, food, health, employment, and 

case management services to help persons 

and families impacted by the property loss 

and destruction caused by the hurricane and 

flooding; and enable grantees to pay for the 

basic daily needs of individuals and families 

affected by Hurricane Ida on an interim basis. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 570.201(e)(1) or (2) 

and Section 105(a)(8) of the Housing and 

Community Development Act of 1974, as 

amended (the Act). 

Project/Activity: Any CDBG Entitlement 

grantee or State CDBG Program unit of 

general local government assisting persons 

and families who have registered with FEMA 

in connection with the remnants of 

Hurricane Ida upon notification by the 

grantee to the Community Planning and 

Development Director in its respective HUD 

Field Office. 

Nature of Requirement: The regulations at 

24 CFR 570.201(e) limit the amount of CDBG 

funds used for public services to no more 

than 15 percent of the grantee’s most recent 

CDBG grant plus 15 percent of program 

income received. Section 105(a)(8) sets forth 

the limitation of no more than 15 percent of 

each grant to be used for public services. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: Several CDBG grantees, 

located within the declared-disaster areas, 

were affected by the remnants of Hurricane 

Ida. The waiver granted will allow these 

grantees to expedite recovery efforts for low 

and moderate income residents affected by 

this event; pay for additional support 

services for affected individuals and families, 

including, but not limited to, food, health, 

employment, and case management services 

to help persons and families impacted by the 

property loss and destruction caused by the 

storm and flooding; and enable grantees to 

pay for the basic daily needs of individuals 

and families affected by the remnants of 

Hurricane Ida on an interim basis. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 570.207(b)(3) and 

Section 105(a) of the Housing and 

Community Development Act of 1974, as 

amended (the Act). 

Project/Activity: Any CDBG Entitlement or 

State CDBG Program grantee located in the 

counties included in the declared-disaster 

area (see FEMA–DR–4611) seeking to 

expedite action in response to Hurricane Ida, 

upon notification to the Community Planning 

and Development Director in its respective 

HUD Field Office. 

Nature of Requirement: The regulations at 

24 CFR 570.207(b)(3) prohibit the use of 

CDBG funds for the construction of new, 

permanent residential structures. New 

housing construction is not generally an 

eligible activity under Section 105 of HCDA. 

It may be undertaken indirectly through 

CDBG assistance provided to Community 

Based Development Organizations or other 

nonprofit entities specified in Section 

105(a)(15) of the HCDA. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: HUD recognizes that 

Hurricane Ida caused damage and 

destruction to a large number of housing 

units within the declared-disaster areas. 

Allowing new housing construction will 


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Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 14559 

enable CDBG grantees to replace affordable 

housing units that were lost as a result of the 

hurricane and flooding. To expedite the 

rebuilding process, HUD suspends Section 

105(a) of HCDA and waives 24 CFR 

570.207(b)(3) through the end of a grantee’s 

2022 program year to permit grantees to 

directly use CDBG funds for new housing 

construction activities to address damage 

from the hurricane. In addition to the 

flexibility provided by the suspension of the 

statute, grantees are encouraged to take 

advantage of the reconstruction provisions at 

Section 105(a)(4) of HCDA. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 570.207(b)(4) 

(Entitlements). 

Project/Activity: All Community 

Development Block Grant (CDBG) grantees 

located within and outside declared disaster 

areas assisting persons and families who 

have registered with FEMA in connection 

with Hurricane Ida. 

Nature of Requirement: The CDBG 

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

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: HUD waives the 

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

emergency grant payments for items such as 

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

utilities for up to six consecutive months. 

While this waiver allows emergency grant 

payments to be made for up to six 

consecutive months, the payments must still 

be made to service providers as opposed to 

the affected individuals or families. Many 

individuals and families have been forced to 

abandon their homes due to the flooding and 

other damage associated with Hurricane Ida. 

The waiver will allow CDBG grantees, 

including grantees providing assistance to 

evacuees outside the declared-disaster areas, 

to pay for the basic daily needs of individuals 

and families affected by the hurricane on an 

interim basis. This authority is in effect 

through the end of the grantee’s 2022 

program year. This waiver aligns with 

waivers currently in effect for CDBG 

coronavirus (CDBG–CV) grants. The sixmonth periods allowed by waiver for CDBG 

and CDBG–CV shall not be used 

consecutively for the same beneficiary. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 570.207(b)(3) and 

Section 105(a) of the Housing and 

Community Development Act of 1974, as 

amended (the Act). 

Project/Activity: Any CDBG Entitlement or 

State CDBG Program grantee located in the 

counties included in the declared-disaster 

area (see FEMA–DR–4614 and FEMA–DR– 

4615) seeking to expedite action in response 

to the remnants of Hurricane Ida, upon 

notification to the Community Planning and 

Development Director in its respective HUD 

Field Office. 

Nature of Requirement: The regulations at 

24 CFR 570.207(b)(3) prohibit the use of 

CDBG funds for the construction of new, 

permanent residential structures. New 

housing construction is not generally an 

eligible activity under Section 105 of HCDA. 

It may be undertaken indirectly through 

CDBG assistance provided to Community 

Based Development Organizations or other 

nonprofit entities specified in Section 

105(a)(15) of the HCDA. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: HUD recognizes that the 

remnants of Hurricane Ida caused damage 

and destruction to a large number of housing 

units within the declared-disaster areas. 

Allowing new housing construction will 

enable CDBG grantees to replace affordable 

housing units that were lost as a result of the 

hurricane remnants and flooding. To 

expedite the rebuilding process, HUD 

suspends Section 105(a) of HCDA and waives 

24 CFR 570.207(b)(3) through the end of a 

grantee’s 2022 program year to permit 

grantees to directly use CDBG funds for new 

housing construction activities to address 

damage from the remnants of the hurricane. 

In addition to the flexibility provided by the 

suspension of the statute, grantees are 

encouraged to take advantage of the 

reconstruction provisions at Section 105(a)(4) 

of HCDA. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 570.207(b)(4) 

(Entitlements). 

Project/Activity: All Community 

Development Block Grant (CDBG) grantees 

located within and outside declared disaster 

areas assisting persons and families who 

have registered with FEMA in connection 

with the remnants of Hurricane Ida. 

Nature of Requirement: The CDBG 

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

income payments, but permit emergency 

grant payments for three months. ‘‘Income 

payments’’ means a series of subsistence-type 

grant payments made to an individual or 

family for items such as food, clothing, 

housing (rent or mortgage), or utilities. 

Emergency grant payments made over a 

period of up to three consecutive months to 

the providers of such items and services on 

behalf of an individual or family are eligible 

public services. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: HUD waives the 

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

emergency grant payments for items such as 

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

utilities for up to six consecutive months. 

While this waiver allows emergency grant 

payments to be made for up to six 

consecutive months, the payments must still 

be made to service providers as opposed to 

the affected individuals or families. Many 

individuals and families have been forced to 

abandon their homes due to the flooding and 

other damage associated with the remnants of 

Hurricane Ida. The waiver will allow CDBG 

grantees, including grantees providing 

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

of individuals and families affected by the 

remnants of the hurricane on an interim 

basis. This authority is in effect through the 

end of the grantee’s 2022 program year. This 

waiver aligns with waivers currently in effect 

for CDBG coronavirus (CDBG–CV) grants. 

The six-month periods allowed by waiver for 

CDBG and CDBG–CV shall not be used 

consecutively for the same beneficiary. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–5716. 

• Regulation: 24 CFR 574.310(b)(2). 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum housing quality standards 

that apply to all housing for which HOPWA 

funds are used for acquisition, rehabilitation, 

conversion, lease, or repair; new construction 

of single room occupancy dwellings and 

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

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

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: This waiver is required to 

enable grantees and project sponsors in areas 

covered by major disaster declaration DR– 

4611–LA to expeditiously meet the critical 

housing needs of the many eligible families 

in the declared disaster areas. 

Applicability: The property standard 

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

waived for units in areas covered under 

major disaster declaration DR–4611–LA that 

are or will be occupied by HOPWA eligible 

households, provided that the units are free 

of life-threatening conditions as defined in 

Notice PIH 2017–20 (HA). Grantees must 

ensure that these units meet HOPWA HQS 

within 60 days of September 3, 2021. 

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 


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DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 574.310(b)(2). 

Project/Activity: Property Standards for 

HOPWA. 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum housing quality standards 

that apply to all housing for which HOPWA 

funds are used for acquisition, rehabilitation, 

conversion, lease, or repair; new construction 

of single room occupancy dwellings and 

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

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

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: This waiver is required to 

enable grantees and project sponsors in areas 

covered by major disaster declarations DR– 

4614–NJ and DR–4615–NY to expeditiously 

meet the critical housing needs of the many 

eligible families in the declared disaster 

areas. 

Applicability: The property standard 

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

waived for units in areas covered under 

major disaster declarations DR–4614–NJ and 

DR–4615–NY that are or will be occupied by 

HOPWA eligible households, provided that 

the units are free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA). Grantees must ensure that these units 

meet HOPWA HQS within 60 days of 

September 9, 2021. 

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 574.320(a)(2). 

Project/Activity: Rent Standard for 

HOPWA Rental Assistance. 

Nature of Requirement: Grantees must 

establish rent standards for their rental 

assistance programs based on FMR (Fair 

Market Rent) or the HUD-approved 

community-wide exception rent for unit size. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: This waiver is required to 

enable HOPWA grantees to expedite efforts to 

meet the critical housing needs of lowincome people living with HIV and their 

families in the areas covered under major 

disaster declaration DR–4611–LA. Waiving 

the rent standard requirement, while still 

requiring that the unit be rent reasonable in 

accordance with § 574.320(a)(3), will make 

more units available to HOPWA eligible 

individuals and families in need of 

permanent housing in the declared-disaster 

areas. 

Applicability: The rent standard 

requirement is waived for any rent amount 

that takes effect during the two-year period 

beginning on September 3, 2021, for any 

individual or family who is renting or 

executes a lease for a unit in the areas 

covered under major disaster declaration DR– 

4611–LA. Grantees and project sponsors 

must still ensure the reasonableness of rent 

charged for units in the declared-disaster 

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

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 574.320(a)(2). 

Project/Activity: Rent Standard for 

HOPWA Rental Assistance. 

Nature of Requirement: Grantees must 

establish rent standards for their rental 

assistance programs based on FMR (Fair 

Market Rent) or the HUD-approved 

community-wide exception rent for unit size. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: This waiver is required to 

enable HOPWA grantees to expedite efforts to 

meet the critical housing needs of lowincome people living with HIV and their 

families in the areas covered under major 

disaster declarations DR–4614–NJ and DR– 

4615–NY. Waiving the rent standard 

requirement, while still requiring that the 

unit be rent reasonable in accordance with 

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

available to HOPWA eligible individuals and 

families in need of permanent housing in the 

declared-disaster areas. 

Applicability: The rent standard 

requirement is waived for any rent amount 

that takes effect during the two-year period 

beginning on September 9, 2021, for any 

individual or family who is renting or 

executes a lease for a unit in the areas 

covered under major disaster declarations 

DR–4614–NJ and DR–4615–NY. Grantees and 

project sponsors must still ensure the 

reasonableness of rent charged for units in 

the declared-disaster areas in accordance 

with § 574.320(a)(3). 

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 574.530. 

Project/Activity: HOPWA Source 

Documentation for Income and HIV Status 

Determinations. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the areas 

covered under major disaster declaration DR– 

4611–LA, to rely upon a family member’s 

self-certification of income and credible 

information on their HIV status (such as 

knowledge of their HIV-related medical care) 

in lieu of source documentation to determine 

eligibility for HOPWA assistance for 

individuals and families displaced by the 

disaster. Many individuals and families 

displaced by the disaster whose homes have 

been destroyed or damaged will not have 

immediate access to documentation of 

income or medical records and, without this 

waiver, will be unable to document their 

eligibility for HOPWA assistance. 

Applicability: This waiver is available to 

HOPWA grantees, located within and outside 

of the areas covered under major disaster 

declaration DR–4611–LA, to assist displaced 

persons and families who have registered 

with FEMA in connection with Hurricane 

Ida. Grantees must require written 

certification of HIV status and income of 

such individuals and families seeking 

assistance and obtain source documentation 

of HIV status and income eligibility within 

six months of September 3, 2021. 

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 574.530. 

Project/Activity: HOPWA Source 

Documentation for Income and HIV Status 

Determinations. 

Nature of Requirement: Each grantee must 

maintain records to document compliance 

with HOPWA requirements, which includes 

determining the eligibility of a family to 

receive HOPWA assistance. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021. 

Reason Waived: This waiver will permit 

HOPWA grantees and project sponsors, 

located within and outside of the areas 

covered under major disaster declarations 

DR–4614–NJ and DR–4615–NY, to rely upon 

a family member’s self-certification of 

income and credible information on their 

HIV status (such as knowledge of their HIVrelated medical care) in lieu of source 

documentation to determine eligibility for 

HOPWA assistance for individuals and 

families displaced by the disaster. Many 

individuals and families displaced by the 

disaster whose homes have been destroyed or 

damaged will not have immediate access to 

documentation of income or medical records 

and, without this waiver, will be unable to 

document their eligibility for HOPWA 

assistance. 

Applicability: This waiver is available to 

HOPWA grantees, located within and outside 

of the areas covered under major disaster 

declarations DR–4614–NJ and DR–4615–NY, 

to assist displaced persons and families who 

have registered with FEMA in connection 

with Hurricane Ida. Grantees must require 

written certification of HIV status and 

income of such individuals and families 

seeking assistance and obtain source 

documentation of HIV status and income 

eligibility within six months of September 9, 

2021. 

Contact: Amy Palilonis, Office of HIV/ 

AIDS Housing, Office of Community 


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Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 14561 

Planning and Development, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 7248, Washington, 

DC 20410, telephone (202) 402–5916. 

amy.l.palilonis@hud.gov. 

• Regulation: 24 CFR 576.106(a), 

576.105(a)(5), and 576.105(b)(2). 

Project/Activity: The 24-month limits on 

rental assistance and housing relocation and 

stabilization services are waived for 

individuals and families who meet both of 

the following criteria: 

1. The individual or family lives in a 

declared-disaster area or was displaced from 

a declared-disaster area as a result of 

Hurricane Ida; and 

2. The individual or family is currently 

receiving rental assistance or housing 

relocation stabilization services or begins 

receiving rental assistance or housing 

relocation stabilization services within two 

years after the date of this memorandum. 

For these individuals and families, ESG 

funds may be used to provide up to thirtysix consecutive months of rental assistance, 

utility payments, and housing stability case 

management, in addition to the 30 days of 

housing stability case management that may 

be provided before the move into permanent 

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

will also consider further waiver requests to 

allow assistance to be provided for longer 

than three years, if the recipient 

demonstrates good cause. 

Nature of Requirement: The ESG regulation 

at 24 CFR 576.106(a) prohibits a program 

participant from receiving more than 24 

months of ESG rental assistance during any 

three-year period. Section 576.105(a)(5) 

prohibits a program participant from 

receiving more than 24 months of utility 

payments under ESG during any three-year 

period. Section 576.105(b)(2) limits the 

provision of housing stability case 

management to 30 days while the program 

participant is seeking permanent housing. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: Waiving the 24-month 

caps on rental assistance, utility payments, 

and housing stability case management 

assistance will assist individuals and 

families, both those already receiving 

assistance and those who will receive 

assistance subsequent to the date of this 

memorandum, to maintain stable permanent 

housing in place or in another area and help 

them return to their hometowns, as desired, 

when additional permanent housing is 

available. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 576.106(d)(1). 

Project/Activity: The FMR restriction is 

waived for any rent amount that takes effect 

during the two-year period beginning on the 

date that the waiver appeared in the Federal 

Register for any individual or family who is 

renting or executes a lease for a unit in a 

declared-disaster area. However, the affected 

recipients and their subrecipients must still 

ensure that the unit in which ESG assistance 

is provided to these individuals and families 

meet the rent reasonableness standard. HUD 

will consider requests to waive the FMR 

restriction for rent amounts that take effect 

after the two-year period, if a recipient 

demonstrates good cause. 

Nature of Requirement: Under 24 CFR 

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

provided unless the total rent is equal to or 

less than the FMR established by HUD, as 

provided under 24 CFR part 888, and 

complies with HUD’s standard of rent 

reasonableness, as established under 24 CFR 

982.507. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: This waiver is required to 

enable ESG recipients to meet the critical 

housing needs of individuals and families 

whose housing was damaged or who were 

displaced due to the severe winter weather. 

Waiving the FMR restriction will make more 

units available to individuals and families in 

need of permanent housing. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 576.403(c). 

Project/Activity: The ESG housing 

standards at 24 CFR 576.403(c) are waived 

for units in the declared disaster area that are 

or will be occupied by individuals or families 

eligible for ESG Rapid Re-housing or 

Homelessness Prevention assistance, 

provided that: 

1. Each unit must still meet applicable 

state and local standards; 

2. Each unit must be free of life-threatening 

conditions as defined in Notice PIH 2017–20 

(HA); and 

3. Recipients assure all units in which 

program participants are assisted meet the 

ESG housing standards within 60 days of the 

date of this memorandum. 

Nature of Requirement: If ESG funds are 

used to help a program participant remain in 

or move into housing, the housing must meet 

the minimum habitability standards provided 

in 24 CFR 576.403(c). 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical housing needs of many eligible 

individuals and families in the declared 

disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 576.403(b). 

Project/Activity: The shelter standard 

standards at 24 CFR 576.403(b) are waived 

for shelters in the declared disaster area that 

are or will be occupied by individuals and 

families eligible for ESG emergency shelter 

assistance, provided that: 

1. Each shelter must meet applicable state 

and local standards; 

2. Each shelter must be free of lifethreatening conditions defined in Notice PIH 

2017–20 (HA); and 

3. Recipients must ensure that these 

shelters meet ESG shelter standards within 

60 days of the date of this memorandum. 

Nature of Requirement: If ESG funds are 

used for shelter operations costs, the shelter 

must meet the minimum safety, sanitation 

and privacy standards under 24 CFR 

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

a building into a shelter, rehabilitation a 

shelter, or otherwise renovate a shelter, the 

shelter must meet the minimum safety, 

sanitation, and privacy standards in 24 CFR 

576.403(b) as well as applicable state or local 

government safety and sanitation standards. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021 for LA— 

September 9, 2021 for NY/NJ. 

Reason Waived: This waiver is needed to 

enable ESG recipients to expeditiously meet 

the critical emergency shelter needs of many 

eligible individuals and families in the 

declared disaster area. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 576.203(b). 

Project/Activity: The expenditure deadline 

is waived for rapid re-housing and 

homelessness prevention costs, along with 

reasonable related HMIS and administrative 

costs. Unless otherwise waived for an 

individual recipient, any draw made after 24 

months from the date HUD signs the grant 

agreement must be for rapid re-housing or 

homelessness prevention assistance or for 

costs related to HMIS data entry related to 

these activities and administrative costs 

related to carrying out these activities. 

Nature of Requirement: A recipient must 

expend grant funds within 24 months after 

the date HUD signs the grant agreement with 

the recipient. Expenditure means an actual 

cash disbursement for a direct charge for a 

good or service or an indirect cost accrual of 

a direct charge for a good or service or an 

indirect cost. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: Extending the expenditure 

deadline for rapid re-housing and 

homelessness prevention assistance, along 

with reasonable related HMIS and 

administrative costs will allow recipients to 

provide more than 24 months of rapid rehousing and homelessness prevention 


khammond on DSKJM1Z7X2PROD with NOTICES
14562 Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 

assistance from a single ESG grant as 

permitted by the waivers of 24-month limits 

on rental assistance and housing relocation 

and stabilization services and the FMR 

restriction granted on September 3, 2021, for 

LA and September 9, 2021, for NY/NJ. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

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

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

578.51(a)(1)(i). 

Project/Activity: For two years from the 

date of the waiver, the 24-month limit on 

rental assistance is waived for individuals 

and families who meet the following criteria: 

1. The individual or family lives in a 

declared-disaster area or was displaced from 

a declared-disaster area as a result of 

Hurricane Ida; and 

2. The individual or family is currently 

receiving rental assistance or begins receiving 

rental assistance within two years after the 

date of this memorandum. 

Nature of Requirement: The CoC Program 

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

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

rental assistance as 3 to 24 months and 24 

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

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

projects to medium-term rental assistance, or 

no more than 24 months. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by 

Hurricane Ida and the flooding, including 

those already receiving rental assistance as 

well as those who will receive rental 

assistance within 2 years of the date of this 

memorandum, to maintain stable permanent 

housing in another area and help them return 

to their hometowns, as desired, when 

additional permanent housing becomes 

available. It will also provide additional time 

to stabilize individuals and families in 

permanent housing where vacancy rates are 

extraordinarily low due to the hurricane and 

flooding. Experience with prior disasters has 

shown us some program participants need 

additional months of rental assistance to 

identify and stabilize in housing of their 

choice, which can mean moving elsewhere 

until they are able to return to their 

hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.3, definition of 

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

Project/Activity: The one-year lease 

requirement is waived for two years 

beginning on the date of the waiver, so long 

as the initial lease term of all leases is for one 

month or more, and the leases are renewable 

for terms that are a minimum of one month 

long and the leases are terminable only for 

cause. 

Nature of Requirement: The CoC Program 

regulations at 24 CFR 578.3, definition of 

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

require program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable for cause. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of one month 

or more. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 

will improve the housing options available to 

program participants in permanent housing 

projects. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.53(e)(2). 

Project/Activity: The one-time limit on 

moving costs is waived for two years 

beginning on the date of the waiver. 

Nature of Requirement: The CoC Program 

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

recipients of supportive service funds to 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 3, 2021, for LA— 

September 9, 2021, for NY/NJ. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by Hurricane Ida as well 

as those who become homeless in the areas 

impacted by Hurricane Ida to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by Hurricane Ida and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: The FMR restriction is 

waived for any lease executed by a recipient 

or subrecipient to provide transitional or 

permanent supportive housing during the 2- 

year period beginning on the date of this 

memorandum. The affected recipient or 

subrecipient must still ensure that rent paid 

for individual units that are leased with CoC 

Program leasing dollars meet the rent 

reasonableness standard in 24 CFR 

578.49(b)(2). 

Nature of Requirement: The CoC Program 

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

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: September 9, 2021, for NY/ 

NJ. 

Reason Waived: Waiving the limit on using 

grant using leasing funds to pay above FMR 

for individual units above FMR, but not 

greater than reasonable rent will provide 

recipients and subrecipients with more 

flexibility in identifying housing options for 

program participants in disaster-declared 

areas. The rental market in areas impacted by 

disasters are often more expensive after the 

disaster due to decreased housing stock and 

increased rents. These more expensive rents 

are not reflected in the HUD-determined 

FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

II. Regulatory Waivers Granted by the Office 

of Housing—Federal Housing 

Administration (FHA) 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

• Regulation: 2 CFR 200, Subpart F, 

Appendix IV, Paragraph C.2.f. 

Project/Activity: Comprehensive Housing 

Counseling Grantees. 

Nature of Requirement: Provisional and 

final indirect cost rates must be negotiated 

where neither predetermined nor fixed rates 


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are appropriate. At the close of an 

organization’s fiscal year, a final rate will be 

established and upward or downward 

adjustments will be made based on the actual 

allowable costs incurred for the period 

involved. 

Granted by: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for Housing, 

Federal Housing Commission. 

Date Granted: September 29, 2021. 

Reason Waived: A change in contract 

service providers led to significant backlog in 

processing negotiated indirect cost rate 

agreement (NICRA) proposals. For Housing 

Counseling Program grantees that are 

dependent on approval of a NICRA 

associated with housing counseling 

activities, the current backlog continues to 

delay final closeout activities for grants for 

previous Fiscal Years. Requiring grantees to 

finalize indirect cost rates for previous Fiscal 

Years where grant funds that have already 

been expended and where OHC has 

performed closeout activities using the 

provisional rate exacerbates the existing 

backlog in obtaining final rates for current 

and future grantees. 

Contact: Brian Siebenlist, Director, Office 

of Housing Counseling, Office of Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

9224, Washington, DC 20410, telephone (202) 

402–5415. 

• Regulation: 24 CFR 200.54(b). 

Project/Activity: Projects insured under 

National Housing Act Section 213 and 

Section 221(d)(4). 

Nature of Requirement: 24 CFR 200.54(b), 

requires that an agreement acceptable to the 

Commissioner shall require that funds 

provided by the mortgagor under 

requirements of this section must be 

disbursed in full for project work, material, 

and incidental charges and expenses before 

disbursement of any mortgage proceeds. 

Granted by: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for the Office of 

Housing—Federal Housing Administration. 

Date Granted: July 5, 2021. 

Reason Waived: The partial waiver will 

allow mortgage proceeds resulting from the 

initial issuance of a mortgage-backed security 

guaranteed by the Government National 

Mortgage Association to be disbursed 

immediately upon receipt but limited to no 

more than one half percent (0.5%) of the 

initially endorsed loan amount for projects 

insured under National Housing Act Section 

213 and Section 221(d)(4) only when the 

required Borrower equity exceeds the amount 

of the initial construction draw at closing. 

Contact: Zachary Skochko, Senior 

Production Specialist, Multifamily Housing, 

Office of Housing, Department of Housing 

and Urban Development, 451 Seventh Street 

SW, Room 6140, Washington, DC 20410, 

telephone (202) 402–7112, 

Zachary.S.Skochko@hud.gov. 

• Regulation: 24 CFR 242.49(a). 

Project/Activity: Regents of the University 

of New Mexico d/b/a University of New 

Mexico Hospital, Albuquerque, NM. 

Nature of Requirements: 24 CFR 242.49(a) 

states that, where HUD requires the 

mortgagor to make a deposit of cash or 

securities, such deposit shall be with the 

mortgagee or with a depository acceptable to 

the mortgage and HUD. Any such deposit 

shall be held in a separate account for and 

on behalf of the mortgagor and shall be the 

responsibility of that mortgagee or 

depository. 

Granted By: Lopa P. Kolluri, Principal 

Assistant Secretary for Housing Federal 

Housing Commissioner. 

Date Granted: August 26, 2021. 

Reason Waived: The Regents of the 

University of New Mexico is contributing a 

large equity contribution in conjunction with 

a § 241 supplemental HUD insured mortgage 

to complete the construction of a new Adult 

Acute Care Replacement Hospital. The 

regulatory waiver of 24 CFR 242.49(a) is 

necessary to allow the mortgagor to hold 

funds needed to complete the project. 

The Regents of the University of New 

Mexico is a component unit of New Mexico 

State Government and approvals for the 

transfer of equity funds to a lender sponsored 

account would be time intensive and could 

negatively impact the construction schedule. 

Efforts to meet the construction timeline are 

highly important due to the COVID–19 

pandemic which has caused uncertainty in 

the supply chain for construction 

commodities. A delay in the construction 

schedule could materially impair the project 

cost and the ability for the mortgagor to 

complete this highly needed project for the 

benefit of healthcare delivery in its 

community. The mortgagor’s excellent 

historical track record with HUD and 

performance in the 242 portfolio further 

supports this waiver request. 

Contact: Paul Giaudrone, Underwriting 

Director, Office of Hospital Facilities, Office 

of Healthcare Programs, Office of Housing, 

Department of Housing and Urban 

Development, 409 3rd Street SW, 

Washington, DC 20024, telephone (202) 578– 

2027. 

• Regulation: 24 CFR 3282.14(b), 

Alternative construction of manufactured 

homes, 1/16/84. 

Project/Activity: Regulatory Waiver for 

Industry-Wide Alternative Construction 

Letter for Window Standard. 

Nature of Requirement: 24 CFR 3282.14(b), 

Request for Alternative Construction, 

requires manufactured housing 

manufacturers to submit a request for 

Alternative Construction consideration for 

the use of construction designs or techniques 

that do not conform with HUD Standards, to 

receive permission from HUD to utilize such 

designs or techniques in the manufacturing 

process for manufactured homes. 

Granted by: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for Housing— 

Federal Housing Administration. 

Date Granted: August 5, 2021. 

Reason Waived: Due to ongoing materials 

shortages affecting the manufactured home 

industry, it was necessary to extend the 

Regulatory Waiver initially approved in April 

2020 and renewed in December 2020, to 

allow an alternative window standard to be 

used for the construction of HUD Codecompliant manufactured homes. This 

regulatory waiver was granted to allow the 

Office of Manufactured Housing Programs to 

provide an industry-wide Alternative 

Construction approval letter that could be 

used by any manufacturer experiencing 

supply chain issues for windows. The 

regulatory waiver is good through June 30, 

2022. 

Contact: Teresa B. Payne, Administrator, 

Office of Manufactured Housing Programs, 

Office of Housing, 451 Seventh Street SW, 

Room 9168, Washington, DC 20410–0800, 

telephone (202) 402–5365, Teresa.L.Payne@

hud.gov. 

• Regulation: 24 CFR 3282.14(b), 

Alternative construction of manufactured 

homes, 1/16/84. 

Project/Activity: Regulatory Waiver for 

Industry-Wide Alternative Construction 

Letter for Electrical Circuit Breakers for 

Water Heater Installations. 

Nature of Requirement: 24 CFR 3282.14(b), 

Request for Alternative Construction, 

requires manufactured housing 

manufacturers to submit a request for 

Alternative Construction consideration for 

the use of construction designs or techniques 

that do not conform with HUD Standards, to 

receive permission from HUD to utilize such 

designs or techniques in the manufacturing 

process for manufactured homes. 

Granted by: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for Housing— 

Federal Housing Administration. 

Date Granted: August 5, 2021. 

Reason Waived: Many manufactured home 

manufacturers are currently facing shortages 

in the supply of 25-ampere (amp), doublepole circuit breaks that are necessary for 

Rheem brand 4,500-watt, 240-volt water 

heater installations to conform to HUD’s 

circuit break sizing standards. Alternative 

circuit breaker options are available that 

provide performance equivalent or superior 

to that required by the Standards yet cannot 

be utilized without an Alternative 

Construction approval. To resolve this matter 

for the whole industry in an expedient 

manner while protecting the health and 

safety of consumers and maintaining 

durability of the homes, this regulatory 

waiver was granted to allow the Office of 

Manufactured Housing Programs to provide 

an industry-wide Alternative Construction 

approval letter that could be used by any 

manufacturer experiencing supply chain 

issues for 25-amp circuit breakers to use an 

alternative electrical circuit breaker size to be 

used for the construction of HUD Codecompliant manufactured homes through 

December 31, 2021. 

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– 

0800, telephone (202) 402–5365, 

Teresa.L.Payne@hud.gov. 

III. HUD’s Summary of CARES Act Notices 

Providing Waivers 6/30/21 to 9/30/21 

Office of Community Planning and 

Development (CPD) 

Authority: Coronavirus Aid, Relief, and 

Economic Security Act (CARES Act). 


khammond on DSKJM1Z7X2PROD with NOTICES
14564 Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 

• Notice CPD 21–08: Waivers and 

Alternative Requirements for the Emergency 

Solutions Grants (ESG) Program Under the 

CARES Act available at: https://

www.hud.gov/sites/dfiles/OCHCO/ 

documents/2021-08cpdn.pdf. 

Date Issued: July 19, 2021. 

Description: Notice CPD–21–08 (the ESG– 

CV Notice) includes and explains multiple 

statutory and regulatory waivers HUD 

provided for ESG grants funded by the 

CARES Act (ESG–CV grants), as well as 

alternative requirements and applicable 

statutory and regulatory requirements for 

those grants. The waivers and alternative 

requirements in the ESG–CV Notice were 

made using special authority under the 

CARES Act, as further explained in section 

III of the ESG–CV Notice. The same waivers 

and alternative requirements were also made 

applicable to FY2020 and prior fiscal year 

ESG funds an ESG recipient uses to prevent, 

prepare for, and respond to the coronavirus 

pandemic until September 30, 2022, subject 

to the additional conditions explained in 

section IV of the ESG–CV Notice. This ESG– 

CV Notice was issued by James Arthur 

Jemison II, Principal Deputy Assistant 

Secretary for Community Planning and 

Development, and supersedes the initial 

ESG–CV Notice (Notice CPD–20–08) that was 

issued on September 1, 2020. Questions 

about the waivers provided in Notice CPD– 

21–08 should be directed to Norm Suchar, 

Director, Office of Special Needs Assistance 

Programs, Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7266, Washington, DC 20410 or ESG-CV@

hud.gov. 

[FR Doc. 2022–05353 Filed 3–14–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

[RR83550000, 223R5065C6, 

RX.59389832.1009676] 

Quarterly Status Report of Water 

Service, Repayment, and Other WaterRelated Contract Actions 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of contract actions. 

SUMMARY: Notice is hereby given of 

contractual actions that have been 

proposed to the Bureau of Reclamation 

(Reclamation) and are new, 

discontinued, or completed since the 

last publication of this notice. This 

notice is one of a variety of means used 

to inform the public about proposed 

contractual actions for capital recovery 

and management of project resources 

and facilities consistent with section 9(f) 

of the Reclamation Project Act of 1939. 

Additional announcements of 

individual contract actions may be 

published in the Federal Register and in 

newspapers of general circulation in the 

areas determined by Reclamation to be 

affected by the proposed action. 

ADDRESSES: The identity of the 

approving officer and other information 

pertaining to a specific contract 

proposal may be obtained by calling or 

writing the appropriate regional office at 

the address and telephone number given 

for each region in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Kelly, Reclamation Law 

Administration Division, Bureau of 

Reclamation, P.O. Box 25007, Denver, 

Colorado 80225–0007; mkelly@usbr.gov; 

telephone 303–445–2888. 

SUPPLEMENTARY INFORMATION: Consistent 

with section 9(f) of the Reclamation 

Project Act of 1939, and the rules and 

regulations published in 52 FR 11954, 

April 13, 1987 (43 CFR 426.22), 

Reclamation will publish notice of 

proposed or amendatory contract 

actions for any contract for the delivery 

of project water for authorized uses in 

newspapers of general circulation in the 

affected area at least 60 days prior to 

contract execution. Announcements 

may be in the form of news releases, 

legal notices, official letters, 

memorandums, or other forms of 

written material. Meetings, workshops, 

and/or hearings may also be used, as 

appropriate, to provide local publicity. 

The public participation procedures do 

not apply to proposed contracts for the 

sale of surplus or interim irrigation 

water for a term of 1 year or less. Either 

of the contracting parties may invite the 

public to observe contract proceedings. 

All public participation procedures will 

be coordinated with those involved in 

complying with the National 

Environmental Policy Act. Pursuant to 

the ‘‘Final Revised Public Participation 

Procedures’’ for water resource-related 

contract negotiations, published in 47 

FR 7763, February 22, 1982, a tabulation 

is provided of all proposed contractual 

actions in each of the five Reclamation 

regions. When contract negotiations are 

completed, and prior to execution, each 

proposed contract form must be 

approved by the Secretary of the 

Interior, or pursuant to delegated or 

redelegated authority, the Commissioner 

of Reclamation or one of the regional 

directors. In some instances, 

congressional review and approval of a 

report, water rate, or other terms and 

conditions of the contract may be 

involved. 

Public participation in and receipt of 

comments on contract proposals will be 

facilitated by adherence to the following 

procedures: 

1. Only persons authorized to act on 

behalf of the contracting entities may 

negotiate the terms and conditions of a 

specific contract proposal. 

2. Advance notice of meetings or 

hearings will be furnished to those 

parties that have made a timely written 

request for such notice to the 

appropriate regional or project office of 

Reclamation. 

3. Written correspondence regarding 

proposed contracts may be made 

available to the general public pursuant 

to the terms and procedures of the 

Freedom of Information Act, as 

amended. 

4. Written comments on a proposed 

contract or contract action must be 

submitted to the appropriate regional 

officials at the locations and within the 

time limits set forth in the advance 

public notices. 

5. All written comments received and 

testimony presented at any public 

hearings will be reviewed and 

summarized by the appropriate regional 

office for use by the contract approving 

authority. 

6. Copies of specific proposed 

contracts may be obtained from the 

appropriate regional director or his or 

her designated public contact as they 

become available for review and 

comment. 

7. In the event modifications are made 

in the form of a proposed contract, the 

appropriate regional director shall 

determine whether republication of the 

notice and/or extension of the comment 

period is necessary. 

Factors considered in making such a 

determination shall include, but are not 

limited to, (i) the significance of the 

modification, and (ii) the degree of 

public interest which has been 

expressed over the course of the 

negotiations. At a minimum, the 

regional director will furnish revised 

contracts to all parties who requested 

the contract in response to the initial 

public notice. 

Definitions of Abbreviations Used in the 

Reports 

ARRA American Recovery and 

Reinvestment Act of 2009 

BCP Boulder Canyon Project 

Reclamation Bureau of Reclamation 

CAP Central Arizona Project 

CUP Central Utah Project 

CVP Central Valley Project 

CRSP Colorado River Storage Project 

XM Extraordinary maintenance 

EXM Emergency Extraordinary 

Maintenance 

FR Federal Register 

IDD Irrigation and Drainage District 

ID Irrigation District 

M&I Municipal and Industrial 

O&M Operation and Maintenance 

OM&R Operation, Maintenance, and 

Replacement 

P–SMBP Pick-Sloan Missouri Basin 

Program 

RRA Reclamation Reform Act of 1982 


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