Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35315 

C. Authority 

Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3507. 

Janet M. Golrick, 

Acting, Chief of Staff for the Office of 

Housing—Federal Housing Administration. 

[FR Doc. 2021–14136 Filed 7–1–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6268–N–01] 

Notice of Regulatory Waiver Requests 

Granted for the First 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 January 

1, 2021 and ending on March 31, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this notice, 

contact Aaron Santa Anna, Associate 

General Counsel for Legislation and 

Regulations, Department of Housing and 

Urban Development, 451 Seventh Street 

SW, Room 10276, Washington, DC 

20410–0500, telephone 202–708–3055 

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

waivers of HUD handbook provisions 

that are not relevant to the purpose of 

this notice. 

This notice follows procedures 

provided in HUD’s Statement of Policy 

on Waiver of Regulations and Directives 

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

In accordance with those procedures 

and with the requirements of section 

106 of the HUD Reform Act, waivers of 

regulations are granted by the Assistant 

Secretary with jurisdiction over the 

regulations for which a waiver was 

requested. In those cases in which a 

General Deputy Assistant Secretary 

granted the waiver, the General Deputy 

Assistant Secretary was serving in the 

absence of the Assistant Secretary in 

accordance with the office’s Order of 

Succession. 

This notice covers waivers of 

regulations granted by HUD from 

January 1, 2021 through March 31, 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 Fair Housing 

and Equal Opportunity, the Office of 

Housing, and the Office of Public and 

Indian Housing, etc.). Within each 

program office grouping, the waivers are 

listed sequentially by the regulatory 

section of title 24 of the Code of Federal 

Regulations (CFR) that is being waived. 

For example, a waiver of a provision in 

24 CFR part 58 would be listed before 

a waiver of a provision in 24 CFR part 

570. 

Where more than one regulatory 

provision is involved in the grant of a 

particular waiver request, the action is 

listed under the section number of the 

first regulatory requirement that appears 

in 24 CFR and that is being waived. For 

example, a waiver of both § 58.73 and 

§ 58.74 would appear sequentially in the 

listing under § 58.73. 

Waiver of regulations that involve the 

same initial regulatory citation are in 

time sequence beginning with the 

earliest-dated regulatory waiver. 

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. The lists include additional 

Memoranda and Notices issued 

regarding broad CARES Act waivers 

provided by HUD since the enactment 

of the Act on March 27, 2020. In 

addition, the lists provide a short, twoor three-line description of each memo 

or notice, identifying the specific 

CARES Act authority and purpose of the 

waivers addressed therein. 

Should HUD receive additional 

information about waivers granted 

during the period covered by this report 

(the first quarter of calendar year 2021) 

before the next report is published (the 

second quarter of calendar year 2021), 

HUD will include any additional 

waivers granted for the first quarter in 

the next report. 

Accordingly, information about 

approved waiver requests pertaining to 

HUD regulations is provided in the 

Appendix that follows this notice. 

Sasha Samberg-Champion, 

Deputy General Counsel for Enforcement and 

Fair Housing. 

Appendix 

Listing of Waivers of Regulatory 

Requirements Granted by Offices of the 

Department of Housing and Urban 

Development January 1, 2021 Through 

March 31, 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 


lotter on DSK11XQN23PROD with NOTICES1
35316 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

Development 

II. Regulatory Waivers Granted by the Office 

of Housing 

III. Regulatory Waivers Granted by the Office 

of Public and Indian Housing 

Regulatory Waivers Granted by the 

Office of Community Planning and 

Development (CPD) 

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(b)(4), 

(c)(2), and (k); 24 CFR 91.115(b)(4), 

(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–4586) seeking to 

expedite action in response to the 2021 

Texas Severe Winter Weather, 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(b)(4), (c)(2) 

and (k); 24 CFR 91.115(b)(4), (c)(2), and 

(i); and 24 CFR 91.401 require a 30-day 

public comment period in the 

development of a consolidated plan and 

prior to the implementation of a 

substantial amendment. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: February 26, 2021. 

Reason Waived: Several Texas CPD 

grantees were affected by severe winter 

weather that hit the state beginning 

February 11, 2021. As a result of 

substantial property loss and 

destruction, many individuals and 

families residing in the declareddisaster 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. A Presidentiallydeclared disaster declaration was issued 

on February 19, 2021, (FEMA–DR–4586) 

and further amended through February 

25, 2021; for the Texas severe winter 

weather. The waiver granted will allow 

grantees to expedite recovery efforts for 

low- and moderate-income residents 

affected by the property loss and 

destruction resulting from this event. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Office of Community Planning and 

Development, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 7282, Washington, DC 

20410, telephone (202) 402–5716. 

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

(2) and 24 CFR 570.207(b)(4). 

Project/Activity: Any CDBG 

Entitlement grantee assisting persons 

and families who have registered with 

FEMA in connection with the severe 

winter weather in Texas 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) and 24 

CFR 570.207(b)(4) limit the amount of 

CDBG funds used for public services to 

no more than 15 percent of each grant 

and prohibit the use of CDBG funds for 

income payments except in the case of 

emergency grant payments made for up 

to three consecutive months to a service 

provider, respectively. 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: February 26, 2021. 

Reason Waived: Several CDBG 

grantees, located within the declareddisaster areas, were affected by the 

Texas severe winter weather. 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 

severe winter weather; and enable 

grantees to pay for the basic daily needs 

of individuals and families affected by 

the severe winter weather on an interim 

basis. 

Contact: James E. Ho ̈emann, Director, 

Entitlement Communities Division, 

Office of Community Planning and 

Development, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 7282, Washington, DC 

20410, telephone (202) 402–5716. 

• Regulation: 24 CFR 92.252(d)(1) 

Utility Allowance Requirements. 

Project/Activity: The City of Oakland, 

California, Los Angeles County, 

California, San Diego County, 

California, and Contra Costa County, 

California requested a waiver of 24 CFR 

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

allowance established by local public 

housing agency (PHA) for four HOMEassisted project—Redwood Hill 

Townhomes, Ramona Seniors 

Development, Florence Apartments, and 

Tabora Gardens Senior 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: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 6, 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 

non-HOME assisted units in a project. 

Contact: Virginia Sardone, Director, 

Office of Affordable Housing Programs, 

Office of Community Planning and 

Development, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 7160, Washington, DC 

20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.252(d)(1) 

Utility Allowance Requirements. 

Project/Activity: The City of Palmdale, 

California and the City of Eugene, 

Oregon 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 

HOME-assisted projects—Market 

District Commons and Courson Arts 

Colony. 

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: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 6, 2021. 

Reason Waived: The HOME 

requirements for establishing utility 

allowances conflict with Project-Based 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35317 

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 

non-HOME assisted units in a project. 

Contact: Virginia Sardone, Director, 

Office of Affordable Housing Programs, 

Office of Community Planning and 

Development, Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 7160, Washington, DC 

20410, telephone (202) 708–2864. 

• Regulation: 24 CFR 92.252(d)(1) 

Utility Allowance Requirements. 

Project/Activity: Oakland County, 

Michigan 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 a 

HOME-assisted projects—Carriage Place 

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: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development, 

D. 

Date Granted: January 14, 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 

non-HOME assisted units in a project. 

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 under the major 

disaster declaration of FEMA–DR–4586 

(the ‘‘declared-disaster areas’’), 

including the state participating 

jurisdiction, which were damaged by 

the disaster and to which HOME funds 

are committed within two years from 

the date of approval of the waiver. 

Nature of Requirement: The 

regulation at 24 CFR 92.251 requires 

that housing assisted with HOME funds 

meet property standards based on the 

activity undertaken, and state and local 

standards and codes or model codes for 

rehabilitation and new construction. 

Property standard requirements are 

waived for repair of properties damaged 

by the disaster. 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: February 26, 2021. 

Reason Waived: Several Texas CPD 

grantees were affected by severe winter 

weather that hit the state of Texas 

beginning February 11, 2021. As a result 

of substantial property loss and 

destruction, many individuals and 

families residing in the declareddisaster 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. The President issued a 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act for the Texas 

severe winter weather on February 19, 

2021, (FEMA–DR–4586), and further 

amended it through February 25, 2021. 

The waiver is required to allow grantees 

to expedite recovery efforts for low- and 

moderate-income residents affected by 

the property loss and destruction 

resulting from this event. 

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 92.203(a)(1) and 

(2). 

Project/Activity: Participating 

jurisdictions located in the counties 

included in the declared-disaster areas 

in FEMA–DR–4586 that are assisting 

families displaced by the disaster (as 

documented by FEMA registration) 

whose income documentation was 

destroyed or made inaccessible by the 

disaster. 

Nature of Requirement: The 

regulation at 24 CFR 92.203(a)(1) and (2) 

require initial income determinations 

for HOME beneficiaries by examining 

source documents covering the most 

recent two months. Many families 

whose housing was destroyed or 

damaged by the disaster will not have 

any documentation of income and will 

not be able to qualify for HOME 

assistance if the requirement remains 

effective. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: February 26, 2021. 

Reason Waived: Several Texas CPD 

grantees were affected by severe winter 

weather that hit the state beginning 

February 11, 2021. As a result of 

substantial property loss and 

destruction, many individuals and 

families residing in the declareddisaster 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. The President issued a 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act for the Texas 

severe winter weather on February 19, 

2021 (FEMA–DR–4586), and further 

amended it through February 25, 2021. 

The waiver is required to allow grantees 

to expedite recovery efforts for low- and 

moderate-income residents affected by 

the property loss and destruction 

resulting from this event. 

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 93.151(c). 

Project/Activity: Families displaced 

by the disaster (as documented by 

FEMA registration) whose income 

documentation was destroyed or made 

inaccessible by the disaster. 

Nature of Requirement: The 

regulation at 24 CFR 93.151(c) requires 

initial income documentations for HTF 

beneficiaries by examining source 

documentation for at least two months. 

Many families whose homes were 

destroyed or damaged by the disaster 

will not have any documentation of 

income and will not be able to qualify 

for HTF assistance if the requirement 

remains effective. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: February 26, 2021. 

Reason Waived: Several Texas CPD 

grantees were affected by severe winter 

weather that hit the state beginning 

February 11, 2021. As a result of 

substantial property loss and 

destruction, many individuals and 

families residing in the declareddisaster areas were displaced from their 


lotter on DSK11XQN23PROD with NOTICES1
35318 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

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. The President issued a 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act for the Texas 

severe winter weather on February 19, 

2021 (FEMA–DR–4586), and further 

amended it through February 25, 2021. 

The waiver is required to allow grantees 

to expedite recovery efforts for low- and 

moderate-income residents affected by 

the property loss and destruction 

resulting from this event. 

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: Santa Clara County 

and Contra Costa 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 three HOME-assisted projectsMet South Apartments, The Veranda, 

and Veterans Square. 

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, 

D. 

Date Granted: March 8, 2021. 

Reason Waived: The HOME 

requirements for establishing a utility 

allowances conflict with Project BasedVoucher 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 

non-HOME assisted units in a project. 

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 574.310(b)(2). 

Project/Activity: This waiver of the 

Property Standards in 24 CFR part 574 

was provided with respect to the use of 

Housing Opportunities for Persons With 

AIDS (HOPWA) funds to address the 

housing needs of eligible families 

following the severe winter weather in 

Texas, for which a disaster declaration 

was made in February 2021. 

Nature of Requirement: Section 

574.310(b)(2) of the HOPWA regulations 

provides minimum housing quality 

standards that apply to 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 

tenant-based rental assistance; or 

operating costs under 24 CFR 574.300(b) 

(3), (4), (5), or (8). 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: February 26, 2021. 

Reason Waived: HUD determined that 

this waiver was necessary to enable 

grantees and project sponsors to 

expeditiously meet the critical housing 

needs of the many eligible families in 

the area covered by the major disaster 

declared under title IV of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act), DR–4586– 

TX, dated February 19, 2021, as 

amended. 

Applicability: The property standard 

requirements in 24 CFR 574.310(b)(2) 

are waived for units in the declareddisaster areas that are or will be 

occupied by HOPWA-eligible 

households, provided that the units are 

free of life-threatening conditions as 

defined in Notice PIH 2017–20 (HA). 

Grantees must ensure that these units 

meet HOPWA HQS within 60 days of 

the date of this memorandum. 

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 574.310(b). 

Project/Activity: This waiver of the 

HOPWA Property Standards was 

provided with respect to the use 

HOPWA funds to address the housing 

needs of eligible families under the 

unique circumstances of the COVID–19 

pandemic and the resulting economic 

upheaval in affected communities. 

Nature of Requirement: This section 

of the HOPWA regulations provides that 

all housing assisted with acquisition, 

rehabilitation, conversion, lease, or 

repair; new construction of single room 

occupancy dwellings and community 

residences; project or tenant-based 

rental assistance; or operating costs 

must meet the applicable housing 

quality standards outlined in the 

regulations. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: On March 31, 2020 

HUD waived the physical inspection 

requirement for tenant-based rental 

assistance at 24 CFR 574.310(b) for one 

year. On May 22, 2020 HUD waived the 

physical inspection requirement for 

acquisition, rehabilitation, conversion, 

lease, or repair; new construction of 

single room occupancy dwellings and 

community residences; projector tenantbased rental assistance; or operating 

costs for one year. Grantees and project 

sponsors continue to report difficulty in 

conducting the initial inspection of 

units due to social distancing 

guidelines. Extending these waivers 

until June 30, 2021 will allow grantees 

and project sponsors to quickly move 

households into housing, which enables 

social distancing, and helps prevent the 

spread of COVID–19. Additionally, 

grantees and project sponsors will need 

time when social distancing guidelines 

are no longer in effect to prepare staff 

to physically re-inspect units for HQS. 

Applicability: This waiver is in effect 

until June 30, 2021 for grantees and 

project sponsors that can meet the 

following criteria: 

a. The grantee or project sponsor is 

able to visually inspect the unit using 

technology, such as video streaming, to 

ensure the unit meets HQS before any 

assistance is provided; and 

b. The grantee or project sponsor has 

written policies to physically reinspect 

the unit within 3 months after the 

health officials determine special 

measures to prevent the spread of 

COVID–19 are no longer necessary. 

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: This waiver of the 

FMR Rent Standard for HOPWA Rental 

Assistance was provided with respect to 

the use HOPWA funds to address the 

housing needs of eligible families under 

the unique circumstances of the 

COVID–19 pandemic and the resulting 

economic upheaval in affected 

communities. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35319 

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. Generally, the rental assistance 

payment may not exceed the difference 

between the rent standard and 30 

percent of the family’s adjusted income. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived the FMR rent standard 

requirement for tenant-based rental 

assistance for one year on March 31, 

2020. On May 22, 2020 HUD waived 

this requirement for one year for all 

rental assistance types. Grantees and 

project sponsors continue to report 

COVID–19 related health and financial 

hardships for HOPWA-eligible 

households. Extending this waiver of 

the FMR rent standard limit, while still 

requiring that the unit be rent 

reasonable in accordance with 

§ 574.320(a)(3), will assist grantees and 

project sponsors in expediting efforts to 

identify suitable housing units for rent 

to eligible households experiencing the 

ongoing health and financial impacts of 

the COVID–19 pandemic and economic 

crisis. 

Applicability: The FMR requirement 

continues to be waived until June 30, 

2021. Grantees and project sponsors 

must still ensure the reasonableness of 

rent charged for a unit 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 574.330(a)(1). 

Project/Activity: This waiver of the 

time limits for HOPWA Short-Term 

Supported Housing was provided with 

respect to the use HOPWA funds to 

address the housing needs of eligible 

families under the unique 

circumstances of the COVID–19 

pandemic and the resulting economic 

upheaval in affected communities. 

Nature of Requirement: A short-term 

supported housing facility may not 

provide residence to any individual for 

more than 60 days during any six-month 

period. Short-Term Rent, Mortgage, and 

Utility (STRMU) payments to prevent 

the homelessness of the tenant or 

mortgagor of a dwelling may not be 

provided for costs accruing over a 

period of more than 21 weeks in any 52- 

week period. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement on May 22, 

2020 to prevent homelessness or 

discharge to unstable housing situations 

for households residing in short-term 

housing facilities or units assisted with 

STRMU if permanent housing could not 

be achieved within the time limits 

specified in the regulation. Extending 

this waiver is necessary because 

grantees and project sponsors continue 

to report that households require longer 

periods of assistance due to financial 

and health-related hardships stemming 

from the COVID–19 pandemic. 

Applicability: This waiver is made 

available for all HOPWA grants except 

those funded under the CARES Act or 

for the portion of a grantee’s FY 2020 

formula funds that have been approved 

under its Annual Action Plan (AAP) for 

allowable activities to prevent, prepare 

for, and respond to the COVID–19 

pandemic as described in section V. of 

Notice CPD–20–05. On an individual 

household basis, grantees or project 

sponsors may assist eligible households 

for a period that exceeds the time limits 

specified in the regulations. A shortterm supported housing facility may 

provide residence to any individual for 

a period of up to 120 days in a sixmonth period. STRMU payments to 

prevent the homelessness of the tenant 

or mortgagor of a dwelling may be 

provided for costs accruing up to 52 

weeks in a 52-week period. This waiver 

is in effect until June 30, 2021 for 

grantees and project sponsors that can 

meet the following criteria: 

a. The grantee or project sponsor 

documents that a good faith effort has 

been made on an individual household 

basis to assist the household to achieve 

permanent housing within the time 

limits specified in the regulations but 

that financial needs and/or health and 

safety concerns have prevented the 

household from doing so; and 

b. The grantee or project sponsor has 

written policies and procedures 

outlining efforts to regularly reassess the 

needs of assisted households as well as 

processes for granting extensions based 

on documented financial needs and/or 

health and safety concerns. 

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 576.2, 

definition of ‘‘homeless,’’ (l)(iii). 

Project/Activity: An individual may 

qualify as homeless under paragraph 

(1)(iii) the homeless definition in 24 

CFR 576.2 so long as he or she is exiting 

an institution where they resided for 

120 days or less and resided in an 

emergency shelter or place not meant 

for human habitation immediately 

before entering that institution. This 

waiver is in effect until June 30, 2021. 

Nature of Requirement: An individual 

who is exiting an institution where he 

or she resided for 90 days or less and 

who resided in an emergency shelter or 

place not meant for human habitation 

immediately before entering that 

institution are considered homeless per 

24 CFR 576.2, definition of ‘‘homeless.’’ 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement on September 

30, 2020 to keep housing options open 

for individuals who otherwise would 

have been homeless but were reporting 

longer stays in institutions as a result of 

COVID–19 (e.g., longer time in jail due 

to a postponed court dates due to courts 

closings or courts operating at reduced 

capacity and longer hospital stays when 

infected with COVID–19. Allowing 

someone who was residing in an 

emergency shelter or place not meant 

for human habitation prior to entering 

the institution to maintain their 

homeless status while residing in an 

institution for longer than 90 days is 

necessary to prevent the spread of and 

respond to COVID–19 by expanding 

housing options for people who were 

experiencing homelessness and 

institutionalized for longer than 

traditionally required due to COVID–19. 

Recipients continue to report potential 

program participants are staying in 

institutions for longer periods of time 

due to COVID–19; therefore, HUD is 

extending this waiver to allow someone 

who was residing in an emergency 

shelter or place not meant for human 

habitation prior to entering the 

institution to maintain their homeless 

status while residing in an institution 

for longer than 90 days. 

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(e). 

Project/Activity: HUD granted a 

waiver of 24 CFR 576.106(e) to the City 

of Tulsa, to allow its subrecipient, the 

Mental Health Association Oklahoma 


lotter on DSK11XQN23PROD with NOTICES1
35320 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

(MHAOK) to provide rapid re-housing 

rental assistance and housing relocation 

and stabilization services to program 

participants who have chosen units that 

MHAOK owns, which would require 

that MHAOK will have to enter into a 

rental assistance agreement with its 

property management division. MHAOK 

is required to comply with the Conflict 

of Interest requirements as stated in 24 

CFR 576.404. 

Nature of Requirement: Section 

576.106(e) of the Emergency Solutions 

Grants (ESG) Program Interim rule 

requires recipients to have a rental 

assistance agreement with the owner of 

any property for which they will 

provide rental assistance payments. The 

rental assistance agreement must 

include the terms under which rental 

assistance will be provided. It also 

requires the owner to give the recipient 

or subrecipient a copy of any notice to 

the program participant to vacate the 

housing unit or any complaint used 

under State or local law to commence 

an eviction action against the program 

participant. Also, each rental assistance 

agreement that is executed or renewed 

on or after December 16, 2016 must 

include all protections that apply to 

tenants and applicants under 24 CFR 

part 5, subpart L, as supplemented by 

§ 576.409, except for the emergency 

transfer plan requirements under 24 

CFR 5.2005(e) and 576.409(d). If the 

housing is not assisted under another 

‘‘covered housing program’’, as defined 

in 24 CFR 5.2003, the agreement may 

provide that the owner’s obligations 

under 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), expire at the end 

of the rental assistance period. 

Granted By: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 6, 2021. 

Reason Waived: HUD granted the 

waiver to increase housing options for 

ESG program participants in Tulsa, OK 

being assisted by the city’s subrecipient, 

MHAOK. Homelessness in the City of 

Tulsa increased 27% from 2015 to 2020. 

MHAOK has been awarded rapid 

rehousing funding to provide rapid 

rehousing rental assistance and housing 

relocation and stabilization services for 

up to 140 households. MHAOK owns 40 

properties in the community, which are 

included in the available pool of units 

from which an eligible program 

participant may choose to live. If a 

program participant selects one of their 

own housing units, MHAOK requires a 

waiver of the rental assistance 

agreement requirements in order to 

enter an agreement with its property 

management division (Eastoak Property 

Management). 

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(a)(1). 

Project/Activity: HUD granted a 

waiver of 24 CFR 576.203(a)(1) to 

Oregon Housing and Community 

Services (OHCS), to extend its 

obligation date to March 31, 2021 to 

provide time to evaluate new 

applications, award funds, and account 

for unforeseen delays due to the 

implementation of a new funding 

approach to meet the unprecedented 

need during the COVID–19 pandemic 

and identify new subrecipients with the 

capacity to administer ESG–CV funds. 

Nature of Requirement: Section 24 

CFR 576.203(a)(1) requires states to 

obligate funds within 60 days from the 

date that it signs the grant agreement 

with HUD. HUD further waived this 

requirement in CPD–20–08 Notice: 

Waivers and Alternative Requirements 

for the Emergency Solutions Grants 

(ESG) Program Under the CARES Act 

(ESG–CV Notice) so long as states 

obligated funds within 180 days for 

activities it will carry out itself and 240 

days for activities it will obligate to 

subrecipients. 

Granted By: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 7, 2021. 

Reason Waived: HUD granted the 

waiver to extend OHCS’s obligation 

deadline from February 18, 2021 to 

March 31, 2021 to provide additional 

time to implement a new competitive 

process for allocating funds and 

identifying new subrecipients with the 

capacity to administer ESG CARES Act 

funds. The waiver provides OHCS with 

time needed to complete their funding 

process. 

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 

578.103(a)(7)(iv). 

Project/Activity: The waiver of the 

requirement at 24 CFR 578.103(a)(7)(iv) 

that the recipient or subrecipient may 

only rely on program participant selfcertification of income if the other 

permitted types of documentation are 

unobtainable when conducting the 

initial or subsequent rent or occupancy 

charge calculations is in effect until 

June 30, 2021. During this time, 24 CFR 

578.103(a)(7)(iv) is waived to the extent 

necessary to allow recipients or 

subrecipients to document annual 

income with the written certification by 

the program participant of the amount 

of income that the program participant 

is reasonably expected to receive over 

the 3-month period following the 

evaluation, even if source documents 

and third-party verification, are 

obtainable. 

Nature of Requirement: 24 CFR 

578.103(a)(7) requires the recipient or 

subrecipient to keep records of the 

program participant’s income and the 

back-up documentation they relied on 

to determine income. The regulation 

establishes an order of preference for the 

type of documentation that recipients 

can rely upon. Only if source 

documents and third-party verification 

are unobtainable is a written 

certification from the program 

participant acceptable documentation of 

income. HUD is waiving ‘‘To the extent 

that source documents and third-party 

verification are unobtainable’’ in 

578.103(a)(7)(iv). 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: On September 30, 

2020, HUD waived the requirement to 

attempt to document that third-party 

verification of income was unobtainable 

in order for recipients and subrecipients 

to a program participant’s own selfcertification of income until December 

31, 2020 because that documentation 

may be difficult to obtain as a result of 

COVID–19 pandemic and housing 

program participants quickly was 

important to prevent the spread of 

COVID–19. On December 30, 2020, HUD 

extended this waiver to March 31, 2021. 

It continues to be important to move 

people into their own housing quickly 

to enable social distancing and prevent 

the spread of COVID–19; therefore, 

waiving the requirement that source 

documents and third-party 

documentation be unobtainable in order 

for recipients or subrecipients to rely on 

a program participant’s own 

certification of their income. 

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. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35321 

• Regulation: The definition of 

‘‘Point-in-time count’’ in 24 CFR 578.3, 

and 24 CFR 578.7(c)(2), 24 CFR 

578.7(c)(2)(i). 

Project/Activity: HUD is waiving the 

definition of ‘‘Point-in-time count’’ in 

24 CFR 578.3 and the requirements at 24 

CFR 578.7(c)(2)(i) and 24 CFR 

578.7(c)(2) to the extent necessary to 

remove the requirement that Continuum 

of Care Program (CoC) conduct a 

biennial point-in-time count in FY2021 

of people experiencing unsheltered 

homelessness, even if the CoC did not 

conduct a point-in-time count of people 

experiencing unsheltered homelessness 

in FY2020. Waiving the requirements at 

24 CFR 578.3, 24 CFR 578.7(c)(2)(i) and 

24 CFR 578.7(c)(2) that require CoCs 

conduct a FY2021 biennial point-intime count of unsheltered homeless is 

available for CoCs that complete the 

notification process by the January 20, 

2021 deadline. CoCs that use the 

waivers of 24 CFR 578.3, 24 CFR 

578.7(c)(2) and 24 CFR 578.7(c)(2)(i) 

must still conduct their FY2021 biennial 

point-in-time count of sheltered 

homeless persons if one is required in 

FY2021 consistent with the 

requirements in Notice CPD–18–08. 

CoCs that do not use the waivers of 24 

CFR 578.3, 24 CFR 578.7(c)(2)(i) and 24 

CFR 578(c)(2) must still conduct their 

FY2021 biennial point-in-time count of 

homeless persons for both sheltered and 

unsheltered homeless persons if one is 

required in FY2021. 

Nature of Requirement: The definition 

of ‘‘Point-in-time count’’ in 24 CFR 

578.3, and 24 CFR 578.7(c)(2) and 24 

CFR 578.7(c)(2)(i) require CoCs to plan 

for and conduct, at least biennially, a 

point-in-time count of homeless persons 

within the geographic area and count as 

unsheltered homeless persons 

individuals who are living in a place not 

designated or ordinarily used as a 

regular sleeping accommodation for 

humans. 24 CFR 578.7(c)(2)(iii) also 

requires CoCs to comply with other 

requirements established by HUD by 

Notice for the point-in-time count. 

Granted By: John Gibbs, Acting 

Assistant Secretary for Community 

Planning and Development. 

Date Granted: January 7, 2021. 

Reason Waived: Conducting a pointin-time count of people experiencing 

unsheltered homelessness requires 

countless hours of planning and 

volunteers. Additionally, on the night of 

the count, it requires people to approach 

people experiencing unsheltered 

homelessness to collect data. Because of 

COVID–19, CoCs have been short staffed 

and busy preparing for and 

implementing measures to prevent the 

spread of COVID–19 in their 

communities. Additionally, CoCs are 

reporting challenges in finding 

volunteers to survey individuals 

experiencing unsheltered homelessness 

on the night of the count due to fears of 

COVID–19. Further, CoCs are reporting 

challenges obtaining personal protective 

equipment (PPE) necessary to equip 

volunteers and people experiencing 

unsheltered homelessness to have the 

conversations necessary to collect the 

required data. These challenges are 

present in every part of the country. As 

of December, every single state had at 

least 9 new COVID cases per day per 

100,000 population. For these reasons, 

providing waiver flexibility for the 

FY2021 point-in-time count for 

unsheltered homelessness helps prevent 

the spread of COVID–19. 

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(1)(1). 

Project/Activity: The one-year lease 

requirement is waived for leases 

executed between the date of March 31, 

2021 and June 30, 2021, so long as the 

initial term of all leases is at least one 

month. 

Nature of Requirement: Program 

participants residing in PSH must be the 

tenant on a lease for a term of at least 

one year that is renewable and 

terminable for cause. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement for 6-months 

on March 31, 2020. On September 30, 

2020, HUD waived this requirement 

again until December 31, 2020. HUD 

extended this waiver again on December 

30, 2020 until March 31, 2021 to help 

recipients more quickly identify 

permanent housing for individuals and 

families experiencing homelessness, 

which is helpful in preventing the 

spread of COVID–19. Extending this 

waiver is necessary because recipients 

continue to need to help program 

participants identify housing quickly to 

help prevent the spread of COVID–19. 

Additionally, even after special 

measures are no longer necessary to 

prevent the spread of COVID–19, 

helping program participants move into 

housing quickly will continue to 

decrease the risk of people experiencing 

homelessness of contracting COVID–19. 

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 ‘‘homeless’’ (1)(iii). 

Project/Activity: An individual may 

qualify as homeless under paragraph 

(1)(iii) of the homeless definition in 24 

CFR 578.3 so long as he or she is exiting 

an institution where they resided or 120 

days or less and resided in an 

emergency shelter or place not meant 

for human habitation immediately 

before entering that institution. This 

waiver is in effect until June 30, 2021. 

Nature of Requirement: The definition 

of homeless in 24 CFR 578.3 includes 

under paragraph (1)(iii) an individual 

who is exiting an institution where he 

or she resided for 90 days or less and 

has resided in an emergency shelter or 

place not meant for human habitation 

immediately before entering that 

institution, which is an interpretation of 

§ 103(a)(4) of the McKinney-Vento Act 

which includes an individual who 

resided in a shelter or place not meant 

for human habitation and who is exiting 

an institution where he or she 

temporarily resided. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement on September 

30, 2020, until March 31, 2021 to keep 

housing options open for individuals 

who otherwise would have been 

homeless but were reporting longer 

stays in institutions as a result of 

COVID–19 (e.g., longer time in jail due 

to a postponed court dates due to courts 

closings or courts operating at reduced 

capacity and longer hospital stays when 

infected with COVID–19. Allowing 

someone who was residing in an 

emergency shelter or place not meant 

for human habitation prior to entering 

the institution to maintain their 

homeless status while residing in an 

institution for longer than 90 days is 

necessary to prevent the spread of and 

respond to COVID–19 by expanding 

housing options for people who were 

experiencing homelessness and 

institutionalized for longer than 

traditionally required due to COVID–19. 

Recipients continue to report potential 

program participants are staying in 

institutions for longer periods of time 

due to COVID–19; therefore, HUD is 

extending this waiver to allow someone 


lotter on DSK11XQN23PROD with NOTICES1
35322 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

who was residing in an emergency 

shelter or place not meant for human 

habitation prior to entering the 

institution to maintain their homeless 

status while residing in an institution 

for longer than 90 days. 

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 578.33(c). 

Project/Activity: The requirement that 

the renewal grant amount be based on 

the budget line items in the final year 

of the grant being renewed is further 

waived for all projects that amend their 

grant agreement between March 31, 

2021 and June 30, 2021 to move funds 

between budget line items in a project 

in response to the COVID–19 pandemic. 

Recipients may then apply in the next 

FY CoC Program funding cycle based on 

the budget line items in the grants 

before they were amended. 

Nature of Requirement: 24 CFR 

578.33(c) requires that budget line item 

amounts a recipient is awarded for 

renewal in the CoC Program 

Competition will be based on the 

amounts in the final year of the prior 

funding period of the project. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement for grant 

agreement amendments signed between 

March 31, 2020 and October 1, 2020 to 

allow recipients to move funds between 

budget line items in a project in 

response to the COVID–19 pandemic 

and still apply for renewal in the next 

FY CoC Program funding cycle based on 

the budget line items in the grants 

before they were amended. HUD again 

waived this requirement for all grant 

agreements signed from October 1, 2020 

until December 31, 2020. HUD again 

waived this requirement for all grants 

signed between December 30, 2020 and 

March 31, 2021. Recipients continue to 

report needing to shift budget line items 

to respond to the COVID–19 pandemic 

(e.g., providing different supportive 

service necessitated by the pandemic or 

serving fewer people because the layout 

of the housing does not meet local social 

distancing recommendations) without 

changing the original design of the 

project when it is not operating in a 

public health crisis and can resume 

normal operations. 

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)(F). 

Project/Activity: The requirement in 

24 CFR 578.37(a)(1)(ii)(F) that projects 

require program participants to meet 

with case managers not less than once 

per month is waived for all permanent 

housing-rapid re-housing projects until 

June 30, 2021. 

Nature of Requirement: Recipients 

must require program participants of 

permanent housing-rapid re-housing 

projects to meet with a case manager at 

least monthly. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement for 2-months 

on March 31, 2020. On May 22, 2020 

HUD again waived this requirement for 

an additional 3 months and on 

September 30, 2020 HUD once again 

waived this requirement until December 

31, 2020. Recipients are continuing to 

report limited staff capacity as staff 

members are home for a variety of 

reasons related to COVID–19 (e.g., 

quarantining, children home from 

school, working elsewhere in the 

community to manage the COVID–19 

response). In addition, not all program 

participants have capacity to meet via 

phone or internet. Waiving the monthly 

case management requirement will 

allow recipients to provide case 

management on an as needed basis and 

reduce the possible spread and harm of 

COVID–19. 

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 Fair Market Rent 

restriction continues to be waived for 

any lease executed by a recipient or 

subrecipient to provide transitional or 

permanent supportive housing until 

June 30, 2021. The affected recipient or 

subrecipient must still ensure that rent 

paid for individual units that are leased 

with leasing dollars meet the rent 

reasonableness standard in 24 CFR 

578.49(b)(2). 

Nature of Requirement: Rent 

payments for individual units with 

leasing dollars may not exceed Fair 

Market Rent. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement for 6-months 

on March 31, 2020. On September 30, 

2020 HUD again waived this 

requirement until December 31, 2020. 

Extending this waiver of the limit on 

using grant leasing funds to pay above 

FMR for individual units, but not 

greater than reasonable rent, will assist 

recipients in locating additional units to 

house individuals and families 

experiencing homelessness and reduce 

the spread and harm of COVID–19. 

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)(8)(ii)(B) and 578.53(d). 

Project/Activity: The limitation on 

eligible housing search and counseling 

activities is waived so that CoC Program 

funds may be used for up to 6 months 

of a program participant’s utility arrears 

and up to 6 months of a program 

participant’s rent arrears, when those 

arrears make it difficult to obtain 

housing. This waiver is in effect until 

June 30, 2021. 

Nature of Requirement: 24 CFR 

578.53(e)(8) allows recipients and 

subrecipients to use CoC funds to pay 

for housing search and counseling 

services to help eligible program 

participants locate, obtain, and retain 

suitable housing. For program 

participants whose debt problems make 

it difficult to obtain housing, 24 CFR 

578.53(e)(8)(ii)(B) makes eligible the 

costs of credit counseling, accessing a 

free personal credit report, and 

resolving personal credit issues. 

However, payment of rental or utility 

arrears is not included as an eligible 

cost. 24 CFR 578.53(d) limits eligible 

supportive service costs to those 

explicitly listed in 24 CFR 578.53(e), 

which is a more limited list than is 

eligible under the McKinney-Vento Act. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement for 1-year on 

March 31, 2020 to allow recipients and 

subrecipients to pay up to 6 months of 

rental arrears and 6 months of utility 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35323 

arrears to remove barriers to obtaining 

housing quickly and help reduce the 

spread and harm of COVID–19. 

Extending this waiver is necessary to 

remove barriers that would prevent 

program participants from finding 

housing quickly, particularly as more 

people find themselves with rental 

arrears due to COVID–19. 

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 578.7(c)(2)(iii), 

and Sections 4.4 and 4.5 of the Notice 

CPD–18–08: 2019 HIC and PIT Data 

Collection for CoC and Emergency 

Solutions Grants Program. 

Project/Activity: HUD is waiving 24 

CFR 578.7(c)(2)(iii) to the extent 

necessary to remove some of the data 

collection requirements in Notice CPD– 

18–08 as they relate to unsheltered 

homeless persons for CoCs that do not 

take advantage of the waivers of 24 CFR 

578.3, 24 CFR 578.7(c)(2) and 24 CFR 

578.7(c)(2)(i) included in the January 7, 

2021 waiver memorandum (and must 

therefore conduct a FY2021 unsheltered 

homeless persons point-in-time count) 

but follow the notification process 

prescribed in the January 7, 2021 waiver 

memorandum to use this waiver. 

In Section 4.4 of Notice CPD–18–08, 

and for unsheltered persons only, HUD 

is now only requiring CoCs to collect 

data on the total number of people 

sleeping in unsheltered situations on 

the night of each CoC’s point-in-time 

count, with no household, demographic, 

or subpopulation data. The 

requirements of Section 4.4 of Notice 

CPD–18–08 remain unchanged for 

sheltered homeless persons. 

In Section 4.5 of Notice CPD–18–08, 

HUD is now eliminating the 

requirement that CoCs report on 

additional homeless population data for 

unsheltered persons. The requirements 

of Section 4.5 remain unchanged for 

sheltered homeless persons. This waiver 

of the requirements at 24 CFR 

578.7(c)(2)(iii) that requires CoCs to 

comply with additional requirements 

established by HUD in Sections 4.4 and 

4.5 of Notice CPD–18–08 for the FY2021 

biennial point-in-time count of 

unsheltered homeless persons is 

available for CoCs that complete the 

notification process by the January 20, 

2021 deadline, but may choose to use 

the waiver of 24 CFR 578.7(c)(2)(iii), 

which removes some of the data 

collection requirements in Notice CPD– 

18–08: 2019 HIC and PIT Data 

Collection for CoC and ESG Programs 

associated with the point-in-time count 

for unsheltered homeless persons. 

Nature of Requirement: 24 CFR 

578.7(c)(2)(iii) requires CoCs to comply 

with additional requirements 

established by HUD by Notice for the 

point-in-time count. HUD has 

established additional point-in-time 

count requirements through Notice 

CPD–18–08: 2019 HIC and PIT Data 

Collection for CoC and ESG Programs. 

Sections 4.4 and 4.5 of Notice CPD–18– 

08 include data requirements for the 

point-in-time count of both sheltered 

and unsheltered homeless persons. 

Granted By: John Gibbs, Acting 

Assistant Secretary for Community 

Planning and Development. 

Date Granted: January 7, 2021. 

Reason Waived: Conducting a pointin-time count of people experiencing 

unsheltered homelessness requires 

countless hours of planning and 

volunteers. Additionally, on the night of 

the count, it requires people to approach 

people experiencing unsheltered 

homelessness to collect data. Because of 

COVID–19, CoCs have been short staffed 

and busy preparing for and 

implementing measures to prevent the 

spread of COVID–19 in their 

communities. Additionally, CoCs are 

reporting challenges in finding 

volunteers to survey individuals 

experiencing unsheltered homelessness 

on the night of the count due to fears of 

COVID–19. Further, CoCs are reporting 

challenges obtaining personal protective 

equipment (PPE) necessary to equip 

volunteers and people experiencing 

unsheltered homelessness to have the 

conversations necessary to collect the 

required data. These challenges are 

present in every part of the country. As 

of December, every single state had at 

least 9 new COVID cases per day per 

100,000 population. For these reasons, 

providing waiver flexibility for the 

FY2021 point-in-time count for 

unsheltered homelessness helps prevent 

the spread of COVID–19. 

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 578.75(b)(1). 

Project/Activity: The waiver of the 

requirement in 24 CFR 578.75(b)(1) that 

the recipient or subrecipient physically 

inspect each unit to assure that the unit 

meets HQS before providing assistance 

on behalf of a program participant is in 

effect until June 30, 2021 for recipients 

and subrecipients that are able to obtain 

certification from the owner that they 

have no reasonable basis to have 

knowledge that life-threatening 

conditions exist in the unit or units in 

question; and the recipient or 

subrecipient has written policies to 

physically inspect the unit within 3 

months after the health officials 

determine special measures to prevent 

the spread of COVID–19 are no longer 

necessary. 

Nature of Requirement: 24 CFR 

278.75(b)(1) requires that recipients or 

subrecipients physically inspect each 

unit to assure that it meets HQS before 

any assistance will be provided for that 

unit on behalf of a program participant. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: On March 31, 2020, 

HUD waived the physical inspection 

requirement at 24 CFR 578.75(b)(1) for 

6-months so long as recipients or 

subrecipients were able to visually 

inspect the unit using technology to 

ensure the unit met HQS before any 

assistance was provided and recipients 

or subrecipients had written policies in 

place to physically reinspect the unit 

within 3 months after the health 

officials determined special measures to 

prevent the spread of COVID–19 are no 

longer necessary. However, this 

standard still relies on program 

participants or landlords having the 

technology to carry out this virtual 

inspection. Additionally, recipients and 

subrecipients are still reporting 

difficulty in conducting the initial 

inspection of units due to social 

distancing guidelines. 

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 578.75(b)(2). 

Project/Activity: 24 CFR 578.75(b)(2) 

requires that recipients or subrecipients 

are required to inspect all units 

supported by leasing or rental assistance 

funding under the CoC and YHDP 

Programs at least annually during the 

grant period to ensure the units 

continue to meet HQS. This waiver is in 

effect until June 30, 2021. 

Nature of Requirement: Recipients 

and subrecipients must inspect all units 

for which leasing or rental assistance 

funds are used, at least annually to 

ensure they continue to meet HQS. 


lotter on DSK11XQN23PROD with NOTICES1
35324 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived the requirement for 1-year on 

March 31, 2020 to help recipients and 

subrecipients prevent the spread of 

COVID–19. Because social distancing 

and stay at home measures are still in 

place in most parts of the country, HUD 

is extending this waiver. Additionally, 

recipients will need time when social 

distancing guidelines are no longer in 

effect to prepare staff to re-inspect (and 

inspect as discussed above) units for 

HQS; therefore, HUD is extending the 

waiver beyond the date the state or local 

public health official has determined 

special measures are no longer 

necessary to prevent the spread of 

COVID–19. 

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 578.75(c) and 

24 CFR 982.401(d)(2)(ii) as required by 

24 CFR 578.75(b). 

Project/Activity: The requirement that 

each unit assisted with CoC Program 

funds or YHDP funds have at least one 

bedroom or living/sleeping room for 

each two persons is waived for 

recipients providing Permanent 

Housing-Rapid Rehousing assistance for 

leases and occupancy agreements 

executed by recipients and 

subrecipients between the dates of 

March 31, 2021 and June 30, 2021 and 

extending only until the later of (1) the 

end of the initial term of the lease or 

occupancy agreement; or (2) June 30, 

2021. Recipients are still required to 

follow State and local occupancy laws. 

Nature of Requirement: 24 CFR 

578.75(c), suitable dwelling size, and 24 

CFR 982.401(d)(2)(ii) as required by 24 

CFR 578.75(b), Housing Quality 

Standards, requires units funded with 

CoC Program funds to have at least one 

bedroom or living/sleeping room for 

each two persons. 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: On September 30, 

2020, HUD waived the requirements at 

24 CFR 982.401(d)(2)(ii) and 24 CFR 

578.75(c) to allow households 

experiencing homelessness to obtain 

permanent housing that is affordable 

and that they assess is adequate. 

Recipients continue to report that 

households experiencing homelessness 

remain unable to afford the limited 

supply of affordable housing in many 

jurisdictions across the country and this 

has been made even more challenging 

due to the economic impact of COVID– 

19. HUD is waiving the requirements at 

24 CFR 982.401(d)(2)(ii) and 24 CFR 

578.75(c) to reduce the spread of 

COVID–19 by allowing households to 

move into housing instead of staying in 

congregate shelter. Consistent with the 

Executive Order on Fighting the Spread 

of COVID–19 by Providing Assistance to 

Renters and Homeowners, grantees 

should balance use of this waiver with 

the recommendations of public health 

officials to limit community spread and 

reduce risks to high-risk populations. 

For example, a large unit with rooms 

than can be partitioned for privacy and 

distancing, or the waiver can be applied 

for units that will house only one family 

household. 

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: 24 CFR 5.801(c)(2). 

Project/Activity: All Multifamily & 

Healthcare properties. 

Nature of Requirement: Regulation 

requires that properties with a financial 

reporting requirement provide that 

financial statement to HUD by a date 

certain. This requirement was deferred 

until 6/30/21 for properties with a due 

date between 10/1/20–6/31/21. 

Granted by: Lopa Kolluri, Principal 

Deputy Assistant Secretary for 

Housing—Federal Housing 

Administration. 

Date Granted: March 30, 2021. 

Reason Waived: Difficulty in 

completing audits on-time due to travel 

restrictions and general workflow 

challenges related to the COVID–19 

pandemic. 

Contact: Michael Bruggman, Director 

of Asset and Counterparty Oversight 

Division, Office of Asset Management 

and Portfolio Oversight, Office of 

Multifamily Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 6151, 

Washington, DC 20410, telephone (202) 

402–5619. Michael.bruggman@hud.gov. 

• Regulation: 24 CFR 203.604 Contact 

with the mortgagor. 

Project/Activity: The requirement for 

early default intervention under FHA’s 

early default servicing requirements 

stipulate that mortgagees must conduct 

a face-to-face interview with the 

borrower to gather and convey required 

information and determine the 

borrower’s circumstances and 

appropriate repayment plans. 

Nature of Requirement: This is a 

partial waiver of servicing requirement 

in 24 CFR 203.604 that mortgagees must 

have a face-to-face interview before 

three full monthly installments due on 

the mortgage are unpaid. The waiver 

provided alternative methods that the 

mortgagee could use to make contact. 

Granted by: Janet M. Golrick, Acting 

Assistant Secretary for Housing— 

Federal Housing Commissioner. 

Date Granted: February 2, 2021. 

Reason Waived: The partial waiver of 

required face-to-face contact was issued 

due to continued public health concerns 

around the spread of Coronavirus 

Disease 2019. Without the partial 

waiver, retention of the face-to-face 

interview requirement for servicing 

FHA-insured mortgages during the 

COVID–19 pandemic introduces health 

risks and potential non-compliance by 

both mortgagees and borrower. Without 

the partial waiver, retention of the faceto-face interview requirement during the 

COVID–19 pandemic could introduce 

increased health risks to FHA borrowers 

and mortgagees. 

Contact: Elissa Saunders, Acting 

Director, Office of Single Family Asset 

Management, Office of Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Room 9278, Washington, DC 20410, 

telephone (202) 402–2378. 

III. Regulatory Waivers Granted by the 

Office of Public and Indian Housing 

For further information about the 

following regulatory waivers, please see 

the name of the contact person that 

immediately follows the description of 

the waiver granted. 

• Regulation: 24 CFR 982.161(a)(1). 

Project/Activity: Town of Islip 

Housing Authority requested a conflictof-interest provision in HUD regulations 

and Section 19 of the Public Housing 

Annual Contributions Contract (ACC). 

Nature of Requirement: The conflictof-interest provisions under the HCV 

regulations and the ACC prevent a 

Public Housing Agency (PHA) or any of 

its contractors or subcontractors from 

entering into any contract or 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35325 

arrangement in connection with the 

HCV program or Public Housing 

property, in which any present or 

former member or officer of the PHA has 

a direct or indirect interest during his or 

her tenure or for one year thereafter. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary, Public and 

Indian Housing. 

Date Granted: March 5, 2021. 

Reason Waived: The PHA’s Executive 

Director retired in November 2020 and 

the Deputy Director was appointed 

Interim Executive Director while the 

PHA searches for a qualified candidate 

for the Executive Director. The PHA’s 

Board of Commissioners requested to 

hire the former Executive Director on a 

part-time temporary basis to assist with 

the transition of the Deputy Director to 

Interim Executive Director and to serve 

as the Deputy Director so the services to 

PHA’s residents are not diminished and 

to enable the PHA to address additional 

demands imposed by the COVID 

pandemic. The PHA reviewed its 

current staffing and determined that no 

other PHA employee possesses a similar 

level of skills, knowledge, and expertise 

as the former Executive Director. The 

PHA also evaluated the possibility of 

hiring a consulting firm but doing so 

would come at a much higher cost. The 

PHA’s attorney evaluated State and 

local law and determined that the 

former Executive Director would be 

permitted under State and local law to 

be hired by PHA. The HUD Field Office, 

including HUD’s Regional Counsel, 

supported approval of this request. 

Thus, pursuant to the waiver authority 

provided at 24 CFR 5.110, HUD 

determined that there was good cause to 

waive 24 CFR 982.161(a)(1). 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary, Office of Public 

Housing and Voucher Programs, Office 

of Public and Indian Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Room 4204, Washington, DC 20410, 

telephone (202) 402–5264. 

• Regulation: 24 CFR 5.801(c) and 24 

CFR 5.801(d)(1). 

Project/Activity: Housing Authority of 

the City of Lake Charles (LA004). 

Nature of Requirement: The 

regulation establishes certain reporting 

compliance dates. The audited financial 

statements are required to be submitted 

to the Real Estate Assessment Center 

(REAC) no later than nine months after 

the housing authority’s (HA) fiscal year 

end (FYE), in accordance with the 

Single Audit Act and OMB Circular A– 

133. 

Granted By: Dominique Blom, General 

Deputy Assistant Secretary for Public 

and Indian Housing. 

Date Granted: March 9, 2021. 

Reason Waived: The HA requested 

relief from compliance for additional 

time to submit its financial reporting 

requirements for the fiscal year end 

(FYE) of September 20, 2020. The 

Housing Authority of the City of Lake 

Charles requested a waiver pursuant to 

‘‘Relief from HUD Requirements 

Available to Public Housing Authorities 

(PHAs) During CY 2020/2021 to Assist 

with Recovery and Relief Efforts on 

Behalf of Families Affected by 

Disasters’’ FR–6050–N–04 (November 

12, 2020). A previous letter was sent to 

LCHA from HUD on February 11, 2021 

that addressed the waiver requests by 

LHCA for Section 2(a), Section 3(b), 

Section 3(c), and Section 3(d). This 

letter addresses the additional waivers 

requested in accordance with FR–6050– 

N–04 and 24 CFR 5.110. 

Contact: Lara Philbert, Assessment 

Manager, Integrated Assessment Team, 

Real Estate Assessment Center, Office of 

Public and Indian Housing, Department 

of Housing and Urban Development, 

550 12th Street SW, Suite 100, 

Washington, DC 20410, telephone (202) 

475–7908. 

HUD’s Summary of CARES Act Notices 

Providing Waivers: 1/1/21 to 3/31/21 

Authority: Coronavirus Aid, Relief, 

and Economic Security Act (CARES 

Act) and regulatory waiver authority is 

also provided by 24 CFR 5.110 and 

91.600. 

• Regulation: 24 CFR 576.106(e). 

Project/Activity: HUD granted a 

waiver of 24 CFR 576.106(e) to the City 

of Tulsa, to allow its subrecipient, the 

Mental Health Association Oklahoma 

(MHAOK) to provide rapid re-housing 

rental assistance and housing relocation 

and stabilization services to program 

participants who have chosen units that 

MHAOK owns, which would require 

that MHAOK will have to enter into a 

rental assistance agreement with its 

property management division. MHAOK 

is required to comply with the Conflict 

of Interest requirements as stated in 24 

CFR 576.404. 

Nature of Requirement: Section 

576.106(e) of the Emergency Solutions 

Grants (ESG) Program Interim rule 

requires recipients to have a rental 

assistance agreement with the owner of 

any property for which they will 

provide rental assistance payments. The 

rental assistance agreement must 

include the terms under which rental 

assistance will be provided. It also 

requires the owner to give the recipient 

or subrecipient a copy of any notice to 

the program participant to vacate the 

housing unit or any complaint used 

under State or local law to commence 

an eviction action against the program 

participant. Also, each rental assistance 

agreement that is executed or renewed 

on or after December 16, 2016 must 

include all protections that apply to 

tenants and applicants under 24 CFR 

part 5, subpart L, as supplemented by 

§ 576.409, except for the emergency 

transfer plan requirements under 24 

CFR 5.2005(e) and 576.409(d). If the 

housing is not assisted under another 

‘‘covered housing program’’, as defined 

in 24 CFR 5.2003, the agreement may 

provide that the owner’s obligations 

under 24 CFR part 5, subpart L 

(Protection for Victims of Domestic 

Violence, Dating Violence, Sexual 

Assault, or Stalking), expire at the end 

of the rental assistance period. 

Granted By: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 6, 2021. 

Reason Waived: HUD granted the 

waiver to increase housing options for 

ESG program participants in Tulsa, OK 

being assisted by the city’s subrecipient, 

MHAOK. Homelessness in the City of 

Tulsa increased 27% from 2015 to 2020. 

MHAOK has been awarded rapid 

rehousing funding to provide rapid 

rehousing rental assistance and housing 

relocation and stabilization services for 

up to 140 households. MHAOK owns 40 

properties in the community, which are 

included in the available pool of units 

from which an eligible program 

participant may choose to live. If a 

program participant selects one of their 

own housing units, MHAOK requires a 

waiver of the rental assistance 

agreement requirements in order to 

enter an agreement with its property 

management division (Eastoak Property 

Management). 

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 576.2, 

definition of ‘‘homeless’’ (1)(iii). 

Project/Activity: HUD granted a 

waiver of 24 CFR 576.2, paragraph 

(1)(iii) in CPD Memo: Availability of 

Additional Waivers for Community 

Planning and Development (CPD) Grant 

Programs to Prevent the Spread of 

COVID–19 and Mitigate Economic 

Impacts Caused by COVID–19 (March 

31, 2021). Paragraph (1)(iii) of the 

homeless definition in 24 CFR 576.2 is 

waived to the extent that an individual 

may qualify as homeless so long as he 


lotter on DSK11XQN23PROD with NOTICES1
35326 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

or she is exiting an institution where 

they resided for 120 days or less and 

resided in an emergency shelter or place 

not meant for human habitation 

immediately before entering that 

institution. The waiver is in effect until 

June 30, 2021 and is made available 

with respect to all ESG grants, whether 

funded under the CARES Act or annual 

ESG appropriations. 

Nature of Requirement: The definition 

of homeless in 24 CFR 576.2 includes 

under paragraph (1)(iii) an individual 

who is exiting an institution where he 

or she resided for 90 days or less and 

has resided in an emergency shelter or 

place not meant for human habitation 

immediately before entering that 

institution, which is an interpretation of 

§ 103(a)(4) of the McKinney-Vento Act 

which includes an individual who 

resided in a shelter or place not meant 

for human habitation and who is exiting 

an institution where he or she 

temporarily resided (emphasis added). 

Granted By: James A. Jemison, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: March 31, 2021. 

Reason Waived: HUD originally 

waived this requirement on September 

30, 2020 to keep housing options open 

for individuals who otherwise would 

have been homeless but were reporting 

longer stays in institutions as a result of 

COVID–19 (e.g., longer time in jail due 

to a postponed court dates due to courts 

closings or courts operating at reduced 

capacity and longer hospital stays when 

infected with COVID–19). Allowing 

someone who was residing in an 

emergency shelter or place not meant 

for human habitation prior to entering 

the institution to maintain their 

homeless status while residing in an 

institution for longer than 90 days is 

necessary to prevent the spread of and 

respond to COVID–19 by expanding 

housing options for people who were 

experiencing homelessness and 

institutionalized for longer than 

traditionally required due to COVID–19. 

Recipients continue to report potential 

program participants are staying in 

institutions for longer periods of time 

due to COVID–19; therefore, HUD 

extended this waiver to allow someone 

who was residing in an emergency 

shelter or place not meant for human 

habitation prior to entering the 

institution to maintain their homeless 

status while residing in an institution 

for longer than 90 days. 

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(a)(1). 

Project/Activity: HUD granted a 

waiver of 24 CFR 576.203(a)(1) to 

Oregon Housing and Community 

Services (OHCS), to extend its 

obligation date to March 31, 2021 to 

provide time to evaluate new 

applications, award funds, and account 

for unforeseen delays due to the 

implementation of a new funding 

approach to meet the unprecedented 

need during the COVID–19 pandemic 

and identify new subrecipients with the 

capacity to administer ESG–CV funds. 

Nature of Requirement: Section 24 

CFR 576.203(a)(1) requires states to 

obligate funds within 60 days from the 

date that it signs the grant agreement 

with HUD. HUD further waived this 

requirement in CPD–20–08 Notice: 

Waivers and Alternative Requirements 

for the Emergency Solutions Grants 

(ESG) Program Under the CARES Act 

(ESG–CV Notice) so long as states 

obligated funds within 180 days for 

activities it will carry out itself and 240 

days for activities it will obligate to 

subrecipients. 

Granted By: John Gibbs, Principal 

Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: January 7, 2021. 

Reason Waived: HUD granted the 

waiver to extend OHCS’s obligation 

deadline from February 18, 2021 to 

March 31, 2021 to provide additional 

time to implement a new competitive 

process for allocating funds and 

identifying new subrecipients with the 

capacity to administer ESG CARES Act 

funds. The waiver provides OHCS with 

time needed to complete their funding 

process. 

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. 

[FR Doc. 2021–14135 Filed 7–1–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AAKC001030/ 

A0A501010.999900253G] 

Indian Gaming; Approval of TribalState Class III Gaming Compact in the 

State of Minnesota 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

approval of the class III gaming compact 

between the Shakopee Mdewakanton 

Sioux Community of Minnesota (Tribe) 

and the State of Minnesota (State). 

DATES: The compact takes effect on July 

2, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

paula.hart@bia.gov, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA), Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. As required by 25 CFR 

293.4, all compacts and amendments are 

subject to review and approval by the 

Secretary. The Compact allows for the 

express and limited purpose of 

permitting the use of partitioned hard 

drives by the Community. The Compact 

is approved. 

Bryan Newland, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

[FR Doc. 2021–14218 Filed 7–1–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AASS003600/ 

A0T902020.999900.253G] 

Cayuga Nation of New York; Alcoholic 

Beverage Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

liquor control ordinance of the Cayuga 

Nation of New York. The liquor control 

statute regulates and controls the 

possession, sale, manufacture, and 

distribution of alcohol in conformity 

with the laws of the State of New York. 

DATES: This Ordinance is effective on 

August 2, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rebecca J. Smith, Tribal Relations 

Specialist, Eastern Regional Office, 

Bureau of Indian Affairs, 545 Marriott 

Drive, Suite 700, Nashville, Tennessee 

37214, Telephone: (615) 564–6711, Fax: 

(615) 564–6701; or Ms. Laurel Iron 

Cloud, Chief, Division of Tribal 


lotter on DSK11XQN23PROD with NOTICES1