36524 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Anna P. Guido, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Washington, DC 20410; email her at 

Anna.P.Guido@hud.gov or telephone 

202–402–5535. This is not a toll-free 

number. Copies of available documents 

submitted to OMB may be obtained 

from Ms. Guido. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD has 

submitted to OMB a request for 

approval of the information collection 

described in Section A. The Federal 

Register notice that solicited public 

comment on the information collection 

for a period of 60 days was published 

on November 23, 2021, at 86 FR 66582. 

A. Overview of Information Collection 

Title of Information Collection: Legal 

Instructions Concerning Applications 

for Full Insurance Benefits—Assignment 

of Multifamily and Healthcare 

Mortgages to the Secretary. 

OMB Approval Number: 2510–0006. 

Type of Request: Revision of a 

currently approved collection. 

Form Number: HUD Form 2510. 

Description of the need for the 

information and proposed use: 

Mortgagees of FHA-insured mortgages 

may receive mortgage insurance benefits 

upon assignment of mortgages to the 

Secretary. In connection with the 

assignment, legal documents (e.g., 

mortgage, mortgage note, security 

agreement, title insurance policy) must 

be submitted to the Department. The 

instructions contained in the Legal 

Instructions Concerning Applications 

for Full Insurance Benefits—Assignment 

of Multifamily and Healthcare 

Mortgages describe the documents to be 

submitted and the procedures for 

submission. 

The Legal Instructions Concerning 

Applications for Full Insurance 

Benefits—Assigment of Multifamily and 

Healthcare Mortgages, in its current 

form and structure, can be found at 

https://www.hud.gov/sites/documents/ 

leginstrfullinsben.pdf. 

HUD proposes to revise this 

document with clarifying changes and 

updates to reflect current HUD 

requirements and policies, including 

electronic submission for legal review, 

as well as current practices in real 

estate, title insurance, hazard insurance 

and mortgage financing transactions. 

Information collection 

2510–0006 

Number of 

respondents 

Frequency of 

response 

Responses 

per annum 

Burden hour 

per response 

Annual burden 

hours 

Hourly cost 

per response Annual cost 

HUD 2510 .................... 17 1 17 26.5 450.5 $71.17 $32,062.09 

Total ........................ ........................ ........................ ........................ ........................ ........................ ........................

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) If the information will be 

processed and used in a timely manner; 

(3) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(4) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(5) Ways to minimize the burden of 

the collection of information on those 

who are to respond; including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority 

Section 3507 of the Paperwork 

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

Chapter 35. 

Anna P. Guido, 

Department Reports Management Officer, 

Office of the Chief Data Officer. 

[FR Doc. 2022–13111 Filed 6–16–22; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6268–N–04] 

Notice of Regulatory Waiver Requests 

Granted for the Fourth 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 October 

1, 2021 and ending on December 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 fourth 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 


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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 

October 1, 2021 through December 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. 

Should HUD receive additional 

information about waivers granted 

during the period covered by this report 

(the fourth quarter of calendar year 

2021) before the next report is published 

(the first quarter of calendar year 2022), 

HUD will include any additional 

waivers granted for the fourth quarter in 

the next report. 

Accordingly, information about 

approved waiver requests pertaining to 

HUD regulations is provided in the 

Appendix that follows this notice. 

Damon Y. Smith, 

General Counsel. 

Appendix 

Listing of Waivers of Regulatory 

Requirements Granted by Offices of the 

Department of Housing and Urban 

Development, October 1, 2021 Through 

December 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 Development. 

II. Regulatory waivers granted by the Office 

of Housing. 

III. Regulatory waivers granted by the 

Office of Public and Indian Housing. 

I. Regulatory Waivers Granted by the Office 

of Community Planning and Development 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

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

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

91.401. 

Project/Activity: Any participating 

jurisdiction or grantee located in the 

declared-disaster areas (designated in FEMA– 

4630–DR–KY) affected by the severe storms, 

straight-line winds, flooding, and tornados in 

FEMA–4630–DR–KY (the ‘‘disaster’’). 

Nature of Requirement: This provision 

allows a CPD grantee to amend an approved 

consolidated plan in accordance with 24 CFR 

91.505. Substantial amendments to the 

consolidated plan, such as the addition of 

new activities or a change in the use of grant 

funds from one eligible activity to another, 

are subject to the citizen participation 

process in the grantee’s citizen participation 

plan. The citizen participation plan must 

provide citizens with 30 days to comment on 

substantial amendments. In addition, the 

regulations require the grantee to follow its 

citizen participation plan to provide citizens 

with reasonable notice and opportunity to 

comment. The citizen participation plan 

must state how reasonable notice and 

opportunity to comment will be given. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development 

Date Granted: December 21, 2021. 

Reason Waived: Several grantees in the 

declared-disaster areas are interested in 

amending their approved consolidated plans 

to include or revise activities in response to 

the disaster. Given the need to expedite 

actions to respond to damage caused by the 

disaster, HUD waived the 30-day public 

comment requirement of 24 CFR 91.105(c)(2), 

and (k), 91.115(c)(2), and (i) and 91.401 and 

reduced the public comment period to no 

less than seven days for grantees preparing 

amendments to prior year plans in response 

to the disaster. In reducing the comment 

period to seven days, HUD balanced the need 

to quickly assist families dealing with the 

aftereffects of the disaster while continuing 

to provide reasonable notice and opportunity 

for citizens to comment on the proposed uses 

of CDBG, HOME, HTF, HOPWA, and ESG 

funds. 

In addition, HUD recognizes the 

destruction wrought by the disaster makes it 

difficult for impacted jurisdictions within the 

declared-disaster areas to provide notice to 

citizens in accordance with their citizen 

participation plans. Therefore, HUD waived 

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

91.115(c)(2) and (i), and 24 CFR 91.401 to the 

extent necessary to allow these grantees to 

determine what constitutes reasonable notice 

and opportunity to comment given their 

circumstances and provide that level of 

notice and opportunity to comment when 

amending prior year plans in response to the 

disaster. 

Applicability: This authority is in effect for 

grantees in the declared-disaster areas and is 

limited to facilitating preparation of 

substantial amendments to FY 2021 and prior 

year plans. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Project/Activity: Projects located in the 

declared-disaster areas (designated in FEMA– 

4630–DR–KY) affected by the disaster. 

Nature of Requirement: These sections of 

the HOME regulation require initial income 

determinations for HOME beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Many families displaced 

by the disaster (as documented by FEMA 

registration) may have had their income 

documentation destroyed or made 

inaccessible by the disaster and therefore, 

may not be able to qualify for HOME 

assistance if the requirement remains 


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effective. This waiver permits the 

participating jurisdiction to use selfcertification of income, as provided in 

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

documentation to determine eligibility for 

HOME assistance of persons displaced by the 

disaster. 

Applicability: This waiver applies only to 

families displaced by the disaster (as 

documented by FEMA registration) whose 

income documentation was destroyed or 

made inaccessible by the disaster and 

remains in effect for six months from 

December 21, 2021. The participating 

jurisdiction or, as appropriate, HOME project 

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

of FEMA registration to demonstrate that a 

family was displaced by the disaster; and (2) 

a statement signed by appropriate family 

members certifying to the family’s size and 

annual income and that the family’s income 

documentation was destroyed or is 

inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

(i) 

Project/Activity: Projects located in the 

declared-disaster area (designated in FEMA– 

4630–DR–KY) affected by the disaster. 

Nature of Requirement: The HOME 

regulation at 24 CFR 92.209(e) requires that 

the term of a HOME tenant-based rental 

assistance (TBRA) contract must begin on the 

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

limits the maximum subsidy that a 

participating jurisdiction may pay toward a 

HOME TBRA recipient’s rent to the 

difference between the participating 

jurisdiction’s rent standard for the unit size 

and 30 percent of the family’s monthly 

adjusted income. Section 92.209(i) requires 

that units occupied by TBRA recipients meet 

the housing quality standards established in 

24 CFR 982.401. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development 

Date Granted: December 21, 2021. 

Reason Waived: Waiving these provisions 

will provide participating jurisdictions with 

greater flexibility to use HOME TBRA as an 

emergency housing resource. 

Applicability: The provision of 24 CFR 

92.209(e) that the start date of a HOME TBRA 

contract begin on the first day of the term of 

a tenant’s lease is waived for HOME TBRA 

contracts that a participating jurisdiction 

executes for persons or families displaced by 

the disaster for a period of 24 months after 

December 21, 2021. The provision of 24 CFR 

92.209(h)(1) imposing the maximum HOME 

TBRA subsidy amount a participating 

jurisdiction may provide to a family under 

HOME TBRA is waived for TBRA recipients 

who are displaced by the disaster for a period 

of 24 months after December 21, 2021. The 

waiver of the housing quality standards 

requirements at 24 CFR 92.209(i) applies to 

units leased by HOME TBRA recipients who 

were displaced by the disaster and are being 

assisted through a HOME TBRA program 

funded by the participating jurisdiction for a 

period of 24 months after December 21, 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 92.218 and 

92.222(b). 

Project/Activity: Any participating 

jurisdiction located in the declared-disaster 

area (designated in FEMA–4630–DR–KY) 

affected by the disaster. 

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 the 

disaster. 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: December 21, 2021. 

Reason Waived: Given the urgent housing 

needs created by the disaster and the 

substantial financial impact the participating 

jurisdiction will face in addressing those 

needs, the approval of a 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 December 12, 2021, 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, Department 

of Housing and Urban Development, Office of 

Community Planning and Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 708–2684. 

• Regulation: 24 CFR 92.251. 

Project/Activity: Projects located in the 

declared-disaster area (designated in FEMA– 

4630–DR–KY) affected by the disaster. 

Nature of Requirement: This provision 

requires that housing assisted with HOME 

funds meet property standards based on the 

activity undertaken, (e.g., homebuyer 

assistance), and state and local standards and 

codes or model codes for rehabilitation and 

new construction. Property standard 

requirements are waived only for repair of 

properties damaged by the disaster. Units 

must meet State and local health and safety 

codes. The lead housing safety regulations 

established in 24 CFR part 35 and the Section 

504 accessibility requirements at 24 CFR part 

8 are not waived. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: This waiver is required to 

enable the participating jurisdiction to meet 

the critical housing needs of families whose 

housing was damaged and families who were 

displaced by the disaster. 

Applicability: This waiver applies only to 

housing units located in the declared-disaster 

areas which were damaged by the disaster 

and to which HOME funds are committed 

within two years of December 21, 2021. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 93.151(c). 

Project/Activity: Projects located in the 

declared-disaster area (see FEMA–4630–DR– 

KY) affected by the tornados and severe 

storms. 

Nature of Requirement: This section of the 

HTF regulation requires initial income 

determinations for HTF beneficiaries by 

examining source documents covering the 

most recent two months. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Many families’ income 

documentation may have been destroyed or 

made inaccessible by the disaster and 

therefore, these families will not be able to 

qualify for HTF assistance if the requirement 

remains effective. This waiver permits the 

grantee to use self-certification of income, as 

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

source documentation to determine initial 

eligibility of persons displaced by the 

disaster 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 the disaster and 

remains in effect for six months from 

December 21, 2021. The grantee or, as 

appropriate, HTF project owner, is required 

to maintain: (1) a record of FEMA registration 

to demonstrate that a family was displaced 

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

appropriate family members certifying to the 

family’s size and annual income and that the 

family’s income documentation was 

destroyed or is inaccessible. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.252(d)(1) Utility 

Allowance Requirements. 

Project/Activity: The Cities of Oakland and 

Bakersfield, and the County of Marin, 

California requested a waiver of 24 CFR 

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

allowance established by the local public 

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Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36527 

assisted projects—Monarch Homes, Piper 

Courts, and Residences of East Hills. 

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: October 13, 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. 

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 Los Angeles 

and the County of Alameda, California 

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—7th and 

Witmer Apartments; Meridian Apartments 

and T. Bailey Manor Apartments; and La 

Vereda 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: December 21, 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. 

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 93.400(d)(2). 

Project/Activity: The State of California 

requested a waiver of 24 CFR 93.400(d)(2) to 

enable the State to retain HTF funds 

committed to one HOME-assisted projectPATH Villas Hollywood. 

Nature of Requirement: The regulation at 

24 CFR 93.400(d)(2) requires HUD to reduce 

or recapture any fiscal year grant funds in the 

State’s HTF local account that are not 

expended within 5 years after the date of 

HUD’s execution of the HTF grant agreement. 

Therefore, the State must expend its annual 

HTF allocation within 5 years after the date 

of HUD’s execution of the HTF grant 

agreement. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: The Department 

determined that there is sufficient good cause 

to grant a waiver of the requirement in 24 

CFR 93.400(d)(2) to reduce or recapture the 

State’s FY 2016 HTF funds committed to 

PATH Villas Hollywood due to project delays 

caused by litigation and the COVID–19 

pandemic. Waiving 24 CFR 93.400(d)(2) will 

enable the State to retain HTF funds 

committed to PATH Villas Hollywood and 

prevent the potential loss of affordable units 

if the project loses necessary funds for 

completion. 

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 570.209(b)(3)(i)(A). 

Project/Activity: The District of Columbia 

requested a waiver of the public benefit 

standard for special economic development 

activities. The project entails the use of 

Community Development Block Grant 

(CDBG) funds (which term includes funds 

received from a Section 108 guaranteed loan) 

to support infrastructure construction for a 

mixed-use economic development project. 

This activity is eligible at 24 CFR 

570.703(i)(1) pursuant to 24 CFR 570.203(b) 

and will meet the criteria for national 

objectives under the CDBG program by 

creating or retaining permanent jobs where at 

least 51 percent of the jobs, computed on a 

full-time equivalent basis, involve the 

employment of LMI persons pursuant to 24 

CFR 570.208(a)(4). 

Nature of Requirement: This regulation 

provides that an activity assisted under 24 

CFR 570.203 must produce at least a 

minimum level of public benefit from the 

expenditure of CDBG funds. An activity will 

be considered to demonstrate sufficient 

public benefit if it creates or retains at least 

one permanent, full time equivalent (FTE) job 

per $50,000 in CDBG assistance. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: The scale of the proposed 

1.59 million gross square foot mixed-use 

economic development project will have a 

substantial impact across much of the 

northeastern portion of the District through 

the creation of a new grocery option in an 

area that lacks fresh food, jobs, commercial 

industry, public infrastructure, and 

affordable housing. The project will 

introduce new neighborhood amenities to an 

area that has a higher percentage of lowincome citizens than the District as a whole 

(approximately 52 percent compared to 31 

percent for the District as a whole). The 

project includes rental housing units that 

will be designated as affordable for 

households making less than 50 percent of 

the area median income, helping increase the 

supply of desperately needed affordable 

housing in the District. This will enable more 

residents of the District to afford to live in the 

city where they work. The project will be 

transformative for the area, creating a new 

market and bringing financial and social 

opportunity to an underserved part of the 

District. 

Contact: Paul Webster, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7282, Washington, DC 20410, telephone (202) 

402–4563. 

• 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 4630–DR–KY) 

seeking to expedite action in response to the 

2021 tornados and severe storms, upon 

notification to the Community Planning and 

Development Director in its respective HUD 

Field Office. This authority is in effect for 

grantees in the declared-disaster areas and is 

limited to facilitating preparation of 

substantial amendments to FY 2021 and prior 

year plans. 

Nature of Requirement: The regulations at 

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

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

require a 30-day public comment period in 

the development of a consolidated plan and 

prior to the implementation of a substantial 

amendment. 

Granted By: James Arthur Jemison, II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 22, 2021. 

Reason Waived: Several Kentucky CPD 

grantees were affected by tornados and severe 

storms weather that hit the state on December 

10, 2021. 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. A Presidentially declared 

disaster declaration was issued on December 

12, 2021 (4630–DR–KY). 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 


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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 4630–DR–KY) 

seeking to expedite action in response to the 

2021 tornados and severe storms, upon 

notification to the Community Planning and 

Development Director in its respective HUD 

Field Office. This authority is in effect for 

grantees within the declared-disaster areas 

and is limited to facilitating preparation of 

substantial amendments to FY 2021 and prior 

year plans 

Nature of Requirement: The regulations at 

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

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

require the grantee to follow its citizen 

participation plan to provide citizens with 

reasonable notice and opportunity to 

comment. The citizen participation plan 

must state how reasonable notice and 

opportunity to comment will be given. 

Granted By: James Arthur Jemison, II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 22, 2021. 

Reason Waived: As stated above, several 

Kentucky CPD grantees were affected by 

tornados and severe storms weather that hit 

the state on December 10, 2021. 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. The waiver granted 

will allow grantees to determine what 

constitutes reasonable notice and 

opportunity to comment given their 

circumstances and provide that level of 

notice and opportunity to comment when 

amending prior year plans in response to the 

disaster. 

Contact: 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: Section 105(a) of the 

Housing and Community Development Act 

of1974, as amended (the HCDA) and 24 CFR 

570.207(b)(3). 

Project/Activity: Any Community 

Development Block Grant (CDBG) 

Entitlement or State CDBG Program grantee 

located in the declared-disaster areas 

(designated in 4630–DR–KY) seeking to 

expedite action in response to the disaster, 

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 the 

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: December 21, 2021. 

Reason Waived: HUD recognizes that the 

disaster 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 disaster. 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 2023 program year to permit 

grantees to directly use CDBG funds for new 

housing construction activities to address 

damage from the tornados and severe storms. 

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 the HCDA. 

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 Section 105(a)(8) of the HCDA. 

Project/Activity: Any CDBG Entitlement 

grantee or State CDBG Program unit of local 

government assisting persons and families 

who have registered with FEMA in 

connection with the disaster upon 

notification by the grantee to the Community 

Planning and Development Director in its 

respective HUD Field Office. 

Nature of Requirement: Section 105(a)(8) 

sets forth the limitation of no more than 15 

percent of each grant to be used for public 

services. 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. 

Granted By: James Arthur Jemison, II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Several CDBG grantees 

located within the declared-disaster areas 

were affected by the tornados and severe 

storms. The waiver granted will allow these 

grantees to expedite recovery efforts for lowand moderate-income residents affected by 

the disaster; 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 

tornados and severe storms; and enable 

grantees to pay for the basic daily needs of 

individuals and families affected by the 

tornados and severe storms on an interim 

basis. This authority is in effect through the 

end of the grantee’s 2022 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 570.207(b)(4) 

(Entitlements). 

Project/Activity: All CDBG grantees located 

within and outside declared-disaster areas 

(designated in 4630–DR–KY) assisting 

persons and families who have registered 

with FEMA in connection with the disaster. 

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: December 21, 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 damage 

associated with the disaster. 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 disaster 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, 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. 

• Regulations: 24 CFR 574.310(b)(2), 

Housing Quality Standards (HQS). 

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, 


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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: December 30, 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 so long as grantees or 

project sponsors were able to visually inspect 

the unit using technology to ensure the unit 

met HQS before any assistance was provided 

and grantees or project sponsors had written 

policies in place to physically reinspect the 

unit after health officials determined special 

measures to prevent the spread of COVID–19 

were no longer necessary. 

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; project or tenant-based rental 

assistance; or operating costs for one year so 

long as grantees or project sponsors met the 

criteria outlined in the waiver. On March 31, 

2021, HUD again waived this requirement for 

all applicable housing types until June 30, 

2021. On June 30, 2021, HUD extended the 

waiver until September 30, 2021. 

Since the original waiver flexibility 

expired on September 30, 2021, grantees 

reported that it was still challenging to 

physically inspect units for HQS because of 

stay-at-home orders for many grantee 

workplaces, staffing shortages, and program 

clients feeling uncomfortable with other 

people entering their units out of fear of 

contracting COVID–19. As people 

experiencing homelessness are at higher risk 

of COVID–19 infection, and people living 

with HIV experience disproportionately poor 

health outcomes and higher hospitalization 

rates due to COVID–19, it continued to be 

important to move people living with HIV 

quickly into their own housing. 

Applicability: This waiver was in effect 

until March 31, 2022 for grantees and project 

sponsors that met the following criteria: 

1. The grantee or project sponsor can 

visually inspect the unit using technology, 

such as video streaming, to ensure the unit 

meets HQS before any assistance is provided; 

and 

2. The grantee or project sponsor has 

written policies that require physical 

reinspection of the units not previously 

physically inspected by June 30, 2022. 

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. 

• Regulations: 24 CFR 574.320(a)(2), Rent 

Standard. 

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: December 21, 2021. 

Reason Waived: This waiver enables 

HOPWA grantees in areas covered by a major 

disaster declaration under title IV of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (Stafford Act), 

4630–DR–KY, to expedite efforts to meet the 

critical housing needs of low-income people 

living with HIV and their families in the 

declared-disaster areas. 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 December 21, 2021 for any 

individual or family who is renting or 

executes a lease for a unit in the declared 

disaster areas. 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). 

Individuals and families are not required to 

register for FEMA assistance in order for this 

waiver to be applicable. 

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. 

• Regulations: 24 CFR 574.320(a)(2), Rent 

Standard. 

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: December 30, 2021. 

Reason Waived: HUD originally waived the 

FMR rent standard requirement for tenantbased 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. On March 31, 2021, HUD 

again waived this requirement for all rental 

assistance types until June 30, 2021. On June 

30, 2021, HUD again waived this requirement 

until December 31, 2021. As people 

experiencing homelessness are at higher risk 

of COVID–19 infection, and people living 

with HIV experience disproportionately poor 

health outcomes and higher hospitalization 

rates due to COVID–19, it continued to be 

important ensure people living with HIV can 

obtain and maintain housing. Extending the 

waiver of the FMR rent standard limit, while 

still requiring that the unit be rent reasonable 

in accordance with § 574.320(a)(3), assisted 

grantees and project sponsors in ensuring 

low-income people living with HIV could 

obtain and maintain safe, stable housing in 

tight rental markets. 

Applicability: The FMR requirement 

continued to be waived until March 31, 2022. 

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. 

• Regulations: 24 CFR 574.310(b)(2)(iii), 

Space and Security. 

Project/Activity: Adequate Space and 

Security. 

Nature of Requirement: This section of the 

HOPWA regulations provides that each 

resident must be afforded adequate space and 

security for themselves and their belongings. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: When HUD originally 

waived this requirement on March 31, 2020, 

an end date was not established. Grantees 

and project sponsors operating housing 

facilities and shared housing arrangements 

still report need for flexibility to use optional 

appropriate spaces for quarantine services of 

eligible households affected by COVID–19. 

Optional spaces may include the placement 

of families in a hotel/motel room where 

family members may be required to utilize 

the same space not allowing for adequate 

space and security for themselves and their 

belongings. Therefore, HUD continued to 

offer this waiver flexibility, but established 

an end date of March 31, 2022. 

Applicability: This space and security 

requirement was waived until March 31, 

2022, for grantees addressing appropriate 

quarantine space for affected eligible 

households during the allotted quarantined 

time frame recommended by local health care 

professionals. 

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. 

• Regulations: 24 CFR 574.530, 

Recordkeeping. 

Project/Activity: 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: December 21, 2021. 

Reason Waived: This waiver permits 

HOPWA grantees and project sponsors, 

located within and outside of the areas 

covered by a major disaster declaration under 

title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act 

(Stafford Act), 4630–DR–KY, to rely upon a 


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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 declared-disaster areas, to assist 

eligible persons and families who have been 

displaced by the disaster. 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 December 21, 

2021. Individuals and families are not 

required to register for FEMA assistance in 

order to receive the benefit of this waiver, 

unless they are being assisted outside of the 

declared-disaster areas. 

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 576.106(a), 

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

Project/Activity: HUD granted a waiver of 

24 CFR 576.106(a), 576.105(a)(5), and 

576.105(b)(2) in the December 21, 2021 

memorandum: Availability of Waivers of 

Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. HUD waived the 

applicable requirements to the extent 

necessary to authorize the use of ESG funds 

to be used to provide up to 36 consecutive 

months of rental assistance, utility payments, 

and housing stability case management, in 

addition to the 30 days of housing stability 

case management that may be provided 

before the move into permanent housing 

under 24 CFR 576.105(b)(2). 

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 and 

to 24 months during the period the program 

participant is living in permanent housing. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

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 after December 21, 2021, 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: HUD granted a waiver of 

24 CFR 576.106(d)(1) in the December 21, 

2021 memorandum: Availability of Waivers 

of Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. HUD waived the 

applicable requirement to the extent 

necessary to authorize the use of ESG funds 

to be used above the Fair Market Rent (FMR) 

amount, not to exceed rent reasonableness, 

for any rent amount that takes effect during 

the two-year period beginning on December 

21, 2021 for any individual or family who is 

renting or executes a lease for a unit in a 

declared-disaster area. 

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: December 21, 2021. 

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 as a result of the tornadoes and 

severe storms. 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: HUD granted a waiver of 

24 CFR 576.403(c) in the December 21, 2021 

memorandum: Availability of Waivers of 

Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. HUD waived the 

applicable requirement 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 meets applicable state and local 

standards; (2) each unit is free of lifethreatening 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 the December 

21, 2021 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: December 21, 2021. 

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: HUD granted a waiver of 

24 CFR 576.403(b) in the December 21, 2021, 

memorandum: Availability of Waivers of 

Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. HUD waived the 

applicable requirement for shelters in the 

declared disaster area that are or will be 

occupied by individuals or families eligible 

for ESG emergency shelter assistance, 

provided that: (1) each shelter meets 

applicable state and local standards; (2) each 

shelter is free of life-threatening conditions 

as defined in Notice PIH 2017–20 (HA); and 

(3) recipients ensure that these shelters meet 

the ESG shelter standards within 60 days of 

the date of the 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: December 21, 2021. 

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). 


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Project/Activity: HUD granted a waiver of 

24 CFR 576.203(b) in the December 21, 2021 

memorandum: Availability of Waivers of 

Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. HUD waived the 

ESG expenditure deadline only for costs of 

providing homelessness prevention and 

rapid re-housing assistance to individuals 

and families under the flexibility provided by 

the waivers of 24 CFR 576.106(a), 

576.105(a)(5), and 576.105(b)(2) and 24 CFR 

576.106(d)(1), which were provided in the 

12/21/2021 memorandum, and reasonable 

HMIS and administrative costs related to that 

assistance. 

Nature of Requirement: Section 576.203(b) 

of the ESG regulations requires all 

expenditures under an ESG grant to be made 

within 24 months after the date HUD signs 

the grant agreement with the recipient. For 

purposes of this requirement, expenditure 

means either an actual cash disbursement for 

a direct charge for a good or service or an 

indirect cost, or the accrual of a direct charge 

for a good or service or an indirect cost. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: If not waived, the 24- 

month expenditure deadline would limit the 

effectiveness of waivers of the FMR 

requirement and the term limits on Rental 

Assistance and Housing Relocation and 

Stabilization Services also granted in the 

same memorandum. Providing a limited 

waiver of the expenditure deadline as 

described in the applicability paragraph 

below will support recipients’ ability to assist 

individuals and families as provided by the 

related waivers. 

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: HUD granted a waiver of 

24 CFR 576.106(d)(1) in the December 30, 

2021 memorandum: 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. HUD waived the applicable 

requirement for any individual or family 

receiving Rapid Re-housing or Homelessness 

Prevention assistance who executes a lease 

for a unit during the period beginning on 

December 30, 2021 and ending on March 31, 

2022. The ESG recipient or subrecipient must 

still ensure that the units in which ESG 

assistance is provided to these individuals 

and families meet the rent reasonableness 

standard. 

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: December 30, 2021. 

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 as a result of the tornadoes and 

severe storms. 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 576.105(a)(5), (b)(2) 

and (c). 

Project/Activity: HUD granted a waiver of 

24 CFR 576.105(a)(5), (b)(2) and (c) in the 

December 30, 2021 memorandum: 

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. HUD waived the 

applicable requirement for program 

participants receiving rapid re-housing and 

homelessness prevention assistance who will 

have reached these 24-month limits between 

December 30, 2021 and March 31, 2022, as 

long as the assistance provided under this 

waiver does not extend beyond March 31, 

2022, and is limited to program participants 

who will not be able to obtain or maintain 

housing without the benefit of this waiver. 

Nature of Requirement: 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 and 

to 24 months during the period the program 

participant is living in permanent housing. 

Section 576.105(c) limits the total amount of 

time a program participant may receive 

services under section 576.105(b) to 24 

months during any 3-year period. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: This waiver is required for 

the following reasons: (1) Those residing in 

congregate settings, where many people who 

lose their housing reside after losing their 

housing, are at increased risk of COVID–19 

infection; (2) Helping program participants 

maintain housing will therefore continue to 

decrease the risk of people experiencing and 

at risk of homelessness from contracting 

COVID–19; and (3) Although this waiver 

flexibility can already be used with respect 

to ESG–CV and FY2020 and earlier FY funds, 

making this waiver flexibility applicable to 

the newer FY2021 ESG grant funds will 

minimize the chances that service providers 

will run out of usable ESG funds to help their 

existing program participants remain stably 

housed during these critical winter months 

when people are spending most of their time 

indoors and the risk of spread is at its 

highest. 

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(a). 

Project/Activity: HUD granted a waiver of 

24 CFR 576.106(a) in the December 30, 2021 

memorandum: 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. HUD waived the applicable 

requirement for program participants 

receiving rapid re-housing and homelessness 

prevention rental assistance who will have 

reached these 24-month limits between 

December 30, 2021 and March 31, 2022, as 

long as the assistance provided under this 

waiver does not extend beyond March 31, 

2022, and is limited to program participants 

who will not be able to obtain or maintain 

housing without the benefit of this waiver. 

Nature of Requirement: Section 576.106(a) 

limits the total amount of time a program 

participant may receive rental assistance to 

24 months in a three-year period. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: This waiver is required for 

the following reasons: (1) Those residing in 

congregate settings, where many people who 

lose their housing reside after losing their 

housing, are at increased risk of COVID–19 

infection; (2) Helping program participants 

maintain housing will therefore continue to 

decrease the risk of people experiencing and 

at risk of homelessness from contracting 

COVID–19; and (3) Although this waiver 

flexibility can already be used with respect 

to ESG–CV and FY2020 and earlier FY funds, 

making this waiver flexibility applicable to 

the newer FY2021 ESG grant funds will 

minimize the chances that service providers 

will run out of usable ESG funds to help their 

existing program participants remain stably 

housed during these critical winter months 

when people are spending most of their time 

indoors and the risk of spread is at its 

highest. 

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 576.105, 24 CFR 

576.106. 

Project/Activity: HUD granted a waiver of 

24 CFR 576.105 and 24 CFR 576.106 in the 

December 30, 2021 memorandum: 

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. HUD waived 24 CFR 


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576.105 and 24 CFR 576.106 to the extent 

necessary to permit program participants to 

receive assistance in units they rent through 

a legally valid sublease from the primary 

leaseholder. This waiver is only made 

available with respect to leases and subleases 

entered into between December 30, 2021 and 

March 31, 2022. However, unless HUD 

notifies the recipient otherwise, the recipient 

may continue to use its FY2021 ESG grant 

funds to assist program participants housed 

under this waiver through the end of their 

otherwise allowable term of assistance. 

Nature of Requirement: The use of 

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

576.106 restrict program participants from 

receiving rental assistance under 24 CFR 

576.106 and certain services under 24 CFR 

576.105 with respect to units program 

participants sublease or lease from a person 

other than the owner or the owner’s agent. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: This waiver is required to 

improve recipients’ and subrecipients’ 

chances of helping more program 

participants move into housing quickly by 

quickly identifying housing in tight rental 

markets and helping people obtain or 

maintain housing during this critical time 

period, which is necessary to prevent the 

spread of COVID–19. In addition, because 

FY2021 ESG grant funding will remain 

available for longer than ESG–CV funding 

and FY2020 and earlier fiscal year ESG 

grants, extending this waiver to FY2021 ESG 

grants will maximize the time and 

opportunities to facilitate stable housing 

outcomes for program participants who are 

housed through this type of waiver and may 

need a longer period of ESG assistance than 

the expenditure deadlines for ESG–CV and 

FY2020 and earlier fiscal year grants would 

allow. 

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, definition of ‘‘homeless,’’ 

(1)(iii) in the December 30, 2021 

memorandum: 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. HUD waived 24 CFR 576.2, 

definition of ‘‘homeless,’’ (1)(iii) to allow an 

individual to qualify as homeless under 

paragraph (1)(iii) of 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 for 

individuals whose homeless status is 

determined between December 30, 2021 and 

March 31, 2022. 

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 is considered 

homeless per 24 CFR 576.2, definition of 

‘‘homeless.’’ 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: This waiver is necessary to 

decrease the risk of COVID–19 infection by 

expanding housing options for people who 

were experiencing homelessness and 

institutionalized for longer than traditionally 

required due to COVID–19. Additionally, 

since people experiencing homelessness are 

showing an increased risk of COVID–19 

infection, lower vaccination rates and poorer 

health outcomes when compared to the 

general population it is important that they 

be able to exit to permanent housing when 

they exit an institution to allow for social 

distancing and decrease the risk of COVID– 

19 infection. 

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. 

Continuum of Care (CoC) Program 

• 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: HUD granted a waiver of 

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

578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i) 

in the December 21, 2021 memorandum: 

Availability of Waivers of Community 

Planning and Development Grant Program 

and Consolidated Plan Requirements to 

Facilitate Recovery from the Severe Storms, 

Straight-Line Winds, Flooding, and 

Tornadoes. For two years from December 21, 

2021, 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 declareddisaster area or was displaced from a 

declared-disaster area as a result of the 

disaster; and (2) the individual or family is 

currently receiving rental assistance or begins 

receiving rental assistance within two years 

after December 21, 2021. 

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: December 21, 2021. 

Reason Waived: Waiving the 24-month cap 

on rapid re-housing rental assistance will 

assist individuals and families affected by the 

disaster, including those already receiving 

rental assistance as well as those who will 

receive rental assistance within 2 years of 

December 21, 2021, to maintain stable 

permanent housing in another area and help 

them return to their hometowns, as desired, 

when additional permanent housing becomes 

available. It will also provide additional time 

to stabilize individuals and families in 

permanent housing where vacancy rates are 

extraordinarily low due to the disaster. 

Experience with prior disasters has shown us 

some program participants need additional 

months of rental assistance to identify and 

stabilize in housing of their choice, which 

can mean moving elsewhere until they are 

able to return to their hometowns. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.3, definition of 

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

Project/Activity: HUD granted a waiver of 

24 CFR 578.3, definition of permanent 

housing, 24 CFR 578.51(l)(1) in the December 

21, 2021 memorandum: Availability of 

Waivers of Community Planning and 

Development Grant Program and 

Consolidated Plan Requirements to Facilitate 

Recovery from the Severe Storms, StraightLine Winds, Flooding, and Tornadoes. The 

one-year lease requirement is waived for two 

years beginning on December 21, 2021 for 

program participants living in a declareddisaster area or program participants 

displaced from a declared-disaster area as a 

result of the disaster, so long as the initial 

lease term of all leases is for more than one 

month, and the leases are renewable for 

terms that are a minimum of one month long 

and the leases are terminable only for cause. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.3, definition of 

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

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable only for cause. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Waiving the one-year lease 

requirement will allow program participants 

receiving PSH or RRH assistance under the 

CoC Program to enter into leases that have an 

initial term of less than one year, so long as 

the leases have an initial term of more than 

one month. While some program participants 

desire to identify new housing, many 

program participants displaced during the 

disaster desire to return to their original 

permanent housing units when repairs are 

complete because of proximity to schools and 

access to public transportation and services. 

Additionally, it will permit new program 

participants to identify permanent housing 

units in a tight rental market where many 

landlords prefer lease terms of less than one 

year and might not be willing to alter their 

policies regarding the length of lease terms 

when considering permanent housing 

applicants. Therefore, HUD had determined 

that waiving the one-year lease requirement 


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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: HUD granted a waiver of 

24 CFR 578.53(e)(2) in the December 21, 2021 

memorandum: Availability of Waivers of 

Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. The one-time limit 

on moving costs of program participants is 

waived for two years beginning on December 

21, 2021 for program participants living in a 

declared-disaster area or program 

participants displaced from a declareddisaster area as a result of the disaster. 

Nature of Requirement: The CoC Program 

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

recipients of supportive service funds to 

using those funds to pay for moving costs to 

provide reasonable moving assistance, 

including truck rental and hiring a moving 

company, to only one-time per program 

participant. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Waiving this provision 

will permit recipients to pay for reasonable 

moving costs for program participants more 

than once and will assist program 

participants affected by the disaster as well 

as those who become homeless in the areas 

impacted by the disaster to stabilize in 

housing locations of their choice. Many 

current program participants received 

assistance moving into their assisted units 

prior to being displaced by the disaster, and 

experience with prior disasters has shown us 

some program participants will need 

additional assistance moving to a new unit 

while others will need assistance moving 

back to their original units after repairs are 

completed. Further, until the housing market 

stabilizes, experience has shown many 

program participants will need to move more 

than once during their participation in a 

program to find a unit that best meets their 

needs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: HUD granted a waiver of 

24 CFR 578.49(b)(2) in the December 21, 

2021 memorandum: Availability of Waivers 

of Community Planning and Development 

Grant Program and Consolidated Plan 

Requirements to Facilitate Recovery from the 

Severe Storms, Straight-Line Winds, 

Flooding, and Tornadoes. The FMR 

restriction is waived for any lease executed 

by a recipient or subrecipient in declareddeclared areas to provide transitional or 

permanent supportive housing during the 2- 

year period beginning on December 21, 2021. 

The affected recipient or subrecipient must 

still ensure that rent paid for individual units 

that are leased with CoC Program leasing 

dollars meet the rent reasonableness standard 

in 24 CFR 578.49(b)(2) meaning the rent paid 

must be reasonable in relation to rents being 

charged for comparable units, taking into 

account the location, size, type, quality, 

amenities, facilities, and management 

services. 

Nature of Requirement: The CoC Program 

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

recipient from using grant funds for leasing 

to pay above FMR when leasing individual 

units, even if the rent is reasonable when 

compared to other similar, unassisted units. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 21, 2021. 

Reason Waived: Waiving the limit on using 

leasing funds to pay above FMR for 

individual units above FMR, but not greater 

than reasonable rent, will provide recipients 

and subrecipients with more flexibility in 

identifying housing options for program 

participants in declared-declared areas. The 

rental markets in areas impacted by disasters 

are often more expensive after the disaster 

due to decreased housing stock and increased 

rents. These more expensive rents are not 

reflected in the HUD-determined FMRs. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

• Regulation: 24 CFR 578.75(b)(1). 

Project/Activity: HUD granted a waiver of 

24 CFR 578.75(b)(1), in the December 30, 

2021 memorandum: 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. This 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 March 31, 2022 

for recipients and subrecipients that are able 

to meet the following criteria: (a) The 

recipient 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 recipient 

or subrecipient has written policies that 

require physical inspection of the units not 

previously physically inspected by June 30, 

2022. 

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 Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 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. On 

September 30, 2020, HUD waived the 

physical inspection requirement at 24 CFR 

578.75(b)(1) until December 31, 2020, which 

HUD then extended until March 31, 2021, 

June 30, 2021, and September 30, 2021, so 

long as recipients and subrecipients could 

meet certain criteria outlined in the waiver. 

Since the original waiver flexibility expired 

on September 30, 2021, recipients report that 

it is challenging to physically inspect units 

for HQS because of staffing shortages and 

program participants being uncomfortable 

with other people entering their units out of 

fear of contracting COVID–19. Due to the 

increased risk of COVID–19 infection, low 

vaccination rates and poorer health outcomes 

of people experiencing homelessness if they 

contract COVID–19, it continues to be 

important to move people quickly into their 

own housing to enable social distancing and 

prevent the spread of COVID–19. 

Additionally, recipients need time to prepare 

staff to inspect (and reinspect as discussed 

below) units for HQS. Therefore, HUD is 

again waiving the initial inspection 

requirement at 24 CFR 578.75(b)(1) as further 

specified below to allow recipients to move 

people from the streets and shelters into 

housing more quickly. 

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: HUD granted a waiver of 

24 CFR 578.75(c) and 24 CFR 

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

578.75(b), in the December 30, 2021 

memorandum: 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. 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 HousingRapid Re-housing assistance for leases and 

occupancy agreements executed by recipients 

and subrecipients between December 30, 

2021 and March 31, 2022. Assisted units 

with leases of occupancy agreements signed 

during the waiver period may have more 

than two persons for each bedroom or living/ 

sleeping room until the later of (1) the end 

of the initial term of the lease or occupancy 

agreement; or (2) March 31, 2022. As a 


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reminder, 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 Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 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. 

HUD extended these flexibilities on 

December 30, 2020, to the later of (1) the end 

of the initial term of the lease or occupancy 

agreement; or (2) March 31, 2021. HUD again 

extended these flexibilities on March 31, 

2021, to the later of (1) the end of the initial 

term of the lease or occupancy agreement; or 

(2) June 30, 2021. HUD again extended these 

flexibilities on July 1, 2021, to the later of (1) 

the end of the initial term of the lease or 

occupancy agreement; or (2) December 31, 

2021. As of December 30, 2021, there 

continues to be a 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. Further, low vaccination rates 

and poorer health outcomes, compounded by 

the increased risk for COVID–19 infection, 

require that we expedite program 

participants’ transition from homelessness to 

housing. Therefore, HUD is waiving the 

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

24 CFR 578.75(c) as further specified below 

to reduce the spread of COVID–19 by 

allowing households to move into housing 

instead of staying in congregate shelter. 

However, 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. 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: HUD granted a waiver of 

24 CFR 578.49(b)(2), in the December 30, 

2021 memorandum: 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. The FMR restriction continues to 

be waived for any lease executed by a 

recipient or subrecipient to provide 

transitional or permanent supportive housing 

until March 31, 2022. 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: 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: December 30, 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. On December 30, 2020, HUD again 

waived this requirement until March 31, 

2021. On March 31, 2021, HUD again waived 

this requirement until June 30, 2021. On July 

1, 2021, HUD again waived this requirement 

until December 31, 2021. 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 in tight rental 

markets. This is necessary due to the 

increased risk of COVID–19 infection, the 

low vaccination rates and poorer health 

outcomes from COVID–19 experienced by 

individuals and families experiencing 

homelessness when compared to the general 

population. Permanent housing allows for 

social distancing and reduces the risk of 

COVID–19 infection. 

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: HUD granted a waiver of 

24 CFR 578.3, definition of permanent 

housing, 24 CFR 578.51(l)(1)in the December 

30, 2021 memorandum: 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. The one-year lease requirement is 

waived for leases executed between 

December 30, 2021 and March 31, 2022, so 

long as the initial term of all leases is at least 

one month. 

Nature of Requirement: The CoC Program 

regulation at 24 CFR 578.3, definition of 

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

requires program participants residing in 

permanent housing to be the tenant on a 

lease for a term of one year that is renewable 

and terminable for cause. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: HUD originally waived 

this requirement for 6-months on March 31, 

2020, again until December 31, 2020 on 

September 30, 2020, again until March 31, 

2021 on December 30, 2020, again on March 

31, 2021 until June 30, 2021, and again on 

July 1, 2021 until December 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 report challenges in identifying 

housing for program participants in tight 

rental markets due to the economic impact of 

COVID–19. Additionally, helping program 

participants move into housing quickly will 

continue to decrease the risk of people 

experiencing homelessness of contracting 

COVID–19 even after special measures are no 

longer necessary to prevent the spread of 

COVID–19 since people experiencing 

homelessness are at increased risk of COVID– 

19 infection, show lower rates of vaccination 

and poorer health outcomes from COVID–19 

when compared to the general population. 

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: HUD granted a waiver of 

24 CFR 578.75(b)(2), in the December 30, 

2021 memorandum: 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. The requirement at 24 CFR 

578.75(b)(2) was waived until March 31, 

2022 for recipients and subrecipients that are 

able to visually re-inspect the unit using 

technology, such as video streamlining, to 

ensure the unit meets HQS. 

Nature of Requirement: 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. 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 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. On March 31, 2021, 

HUD extended the waiver until June 30, 

2021. On July 1, 2021, HUD extended the 

waiver until September 30, 2021. Since the 

original waiver flexibility expired on 

September 30, 2021, recipients report that it 

is challenging to physically re-inspect units 

for HQS because of staffing shortages and 

program participants being uncomfortable 

having other people enter their units out of 

fear of contracting COVID–19. It continues to 

be important to maintain housing for people 

to enable social distancing and prevent the 

spread of COVID–19. Therefore, HUD is again 

waiving the requirement to inspect all units 

supported by leasing and rental assistance 

funds. 


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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: HUD granted a waiver of 

24 CFR 578.3, definition of ‘‘homeless’’ 

(1)(iii), in the December 30, 2021 

memorandum: 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. 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 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 March 31, 2022. 

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 is considered 

homeless per 24 CFR 578.3, definition of 

‘‘homeless.’’ 

Granted By: James Arthur Jemison II, 

Principal Deputy Assistant Secretary for 

Community Planning and Development. 

Date Granted: December 30, 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 

9 postponed court dates due to courts 

closings or courts operating at reduced 

capacity and longer hospital stays when 

infected with COVID–19). HUD again waived 

this requirement on March 31, 2021 until 

June 30, 2021 and again on July 1, 2021 until 

December 31, 2021. 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. Additionally, since people 

experiencing homelessness are at higher risk 

of COVID–19 infection, showing lower 

vaccination rates and poorer health outcomes 

when compared to the general population it 

is important that they be able to exit to 

permanent housing when they exit an 

institution to allow for social distancing and 

prevent the spread of 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 578.37(a)(1)(ii), 24 

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

578.51(a)(1)(i). 

Project/Activity: HUD granted a waiver of 

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

578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i), 

in the December 30, 2021 memorandum: 

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. The 24-month rental 

assistance restriction is waived for program 

participants in permanent housing rapid rehousing project who will have reached 24 

months of rental assistance until March 31, 

2022. Program participants who have reached 

24 months of rental assistance during this 

time and who will not be able to afford their 

rent without additional rental assistance will 

be eligible to receive rental assistance until 

March 31, 2022. 

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 rental assistance in 

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: December 30, 2021. 

Reason Waived: HUD originally waived 

this requirement on May 22, 2020 until 3 

months after a state or local public health 

official has determined special measures are 

no longer necessary to prevent the spread of 

COVID–19. Recipients continue to report 

program participants are experiencing 

difficulty affording rent even after receiving 

24 months of rental assistance. On July 1, 

2021, HUD established an end date of this 

waiver of December 31, 2021. However, 

continuing to waive the limit on using rental 

assistance in rapid re-housing projects to pay 

more than 24 months will ensure that 

individuals and families currently receiving 

rapid re-housing assistance do not lose their 

assistance, and consequently their housing, 

during the COVID–19 public health crisis 

and the subsequent economic downturn. 

Because COVID–19 has been shown to 

rapidly spread in shelter settings, which is 

where many individuals and families will 

reside if they lose their housing, this will 

reduce the number of people who become 

homeless again due to the economic impact 

of COVID–19 and thus decrease the risk of 

COVID–19 infection. 

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) and 24 

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

Project/Activity: HUD granted a waiver of 

24 CFR 578.103(a) and 24 CFR 

578.103(a)(4)(i)(B), in the December 30, 2021 

memorandum: 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. The requirement that staffrecorded observation of disability be 

confirmed and accompanied by other 

evidence no later than 45 days from the 

application for assistance documentation 

requirement is waived until March 31, 2022. 

A written certification by the individual 

seeking assistance that they have a qualifying 

disability will be acceptable documentation 

approved by HUD under 24 CFR 

578.103(a)(4)(i)(B)(5) until March 31, 2021. 

Nature of Requirement: 24 CFR 578.103(a) 

requires recipient to maintain records 

providing evidence they met program 

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

establishes the requirements for documenting 

disability for individuals and families that 

meet the ‘‘chronically homeless’’ definition 

in 24 CFR 578.3. Acceptable evidence of 

disability includes intake-staff recorded 

observations of disability no later than 45 

days from the date of application for 

assistance, which is confirmed and 

accompanied by evidence in paragraphs 24 

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

HUD is waiving the requirement to obtain 

additional evidence to confirm staff-recorded 

observations of disability. 

Granted By: James A. Jemison, Principal 

Deputy Assistant Secretary for Community 

Planning and Development. 

Date Granted: December 30, 2021. 

Reason Waived: On March 31, 2020, HUD 

waived the requirement to obtain additional 

evidence within 45 days and instead allowed 

recipients up to 6-months from the date of 

application for assistance to confirm intake 

staff-recorded observations of disability with 

other evidence because recipients were 

reporting difficulty obtaining third-party 

documentation of disability in the middle of 

a pandemic, impacting their ability to house 

potential program participants quickly. On 

September 30, 2020, HUD waived, in its 

entirety, the requirement to obtain additional 

evidence to verify intake staff-recorded 

observations of disability until public health 

officials determine no additional special 

measures are necessary to prevent the spread 

of COVID–19. On July 1, 2021, HUD 

extended this waiver until December 31, 

2021. Many communities continue to 

experience substantial rates of COVID–19 

and hospitalizations and resulting in staff 

shortages for non-COVID related concerns. 

As a result of this and of reduced hours of 

agencies and providers that can provide 

disability documentation, recipients are 

reporting that obtaining documentation of a 

disability still takes longer than usual. 

Because of the increased risk of COVID–19 

infection and poorer health outcomes from 

COVID–19 experienced by people 


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experiencing homelessness when compared 

to the general population it remains 

important to house people quickly to allow 

for social distancing and decrease the risk of 

COVID–19 infection. Therefore, HUD is 

continuing this waiver flexibility until March 

31, 2022. 

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 200.73(c), Property 

Development. 

Project/Activity: Boardwalk Apartments, 

Project No. 042–35579 and Glenville 

Apartments, Project No. 041–35520, 

Cleveland, Ohio. 

Nature of Requirement: 24 CFR 200.73 (c). 

The regulation requires that not less than five 

rental dwelling units [of an FHA insured 

multifamily housing project] shall be on one 

site. Chapter 3 Section 3.1.30 of the MAP 

Guide permits a project with two or more 

non-contiguous parcels of land when the 

parcels comprise one marketable, manageable 

real estate entity. The regulation requires that 

a site contain not less than 5 rental dwelling 

units and reads as follows: 

(c) The improvements shall constitute a 

single project. Not less than five rental 

dwelling units or personal care units, 20 

medical care beds, or 50 manufactured home 

pads, shall be on one site, except that such 

limitations do not apply to group practice 

facilities. 

The Boardwalk Glenville is a Section 

221(d)(4) substantial renovation project of 

two separate FHA-insured loans, Boardwalk 

Apartments and Glenville Apartments. The 

two projects total 26 scattered sites, 173 

apartment units plus a management office, 

are owned by Boardwalk Glenville Limited 

Partnership, and located in Cleveland, Ohio. 

The Lender included in the waiver request a 

roster of each building’s address, parcel, total 

site count and bedroom unit count and 

configuration. The proposed FHA-insured 

mortgage amount is $9,200,000, that is 

$56,000 per unit in hard costs planned for 

the renovation of the existing units and the 

construction of a new community building. 

The Boardwalk Glenville project will also 

receive $21,266,657 in additional funding 

from a variety of sources such as local bank 

loans, HOME, deferred and contributed 

developer fees, seller notes and Low-Income 

Housing Tax Credit equity. 

Granted By: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary Office of 

Housing—Federal Housing Administration, 

H. 

Date Granted: December 10, 2021. 

Reason Waived: The sponsors recently 

purchased the properties and intend to merge 

the two properties into one marketable 

project. To accomplish this goal, the sponsors 

are applying for a 4% LIHTC allocation to 

rehabilitate buildings and construct a new 

2,000 square foot neighborhood community 

building located adjacent to the existing 

Management Office. In addition, Glenville 

has 50 units covered by a Section 8 HAP 

Contract. Boardwalk has 123 units covered 

by a Section 8 HAP Contract. In the proposed 

Firm Application, the owners will request a 

20-year renewal of both HAP contracts. The 

proposed 221(d)(4) FHA-insured transaction 

and rehabilitation of the properties will 

ensure the subject property continues as 

affordable, marketable, and viable in the 

community. The waiver will meet HUD’s 

goal of preserving and maintain affordable 

rental housing for low-income families. 

Contact: Thomas A. Bernaciak, Acting 

Director, Office of Multifamily Production, 

HTD, Office of Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Washington, DC 20410– 

8000, telephone (202) 402–3242. 

• Regulation: 24 CFR 203.604 Servicing 

Responsibilities, Contact with the Mortgagor. 

Project/Activity: Temporary, Partial Waiver 

of Servicing Mortgagee’s Responsibility to 

Contact Mortgagor in Person. 

Nature of Requirement: 24 CFR 203.604 

Contact with the Mortgagor, under Mortgagee 

Actions under Subpart C—Servicing 

Responsibilities requires mortgagees to have 

a face-to-face interview with the mortgagor, 

or make a reasonable effort to arrange such 

a meeting, before three full monthly 

installments due on the mortgage are unpaid. 

Granted By: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for Housing— 

Federal Housing Administration. 

Date Granted: December 2, 2021. 

Reason Waived: HUD’s servicing 

requirement for FHA-insured forward 

mortgages requires that a mortgagee conduct 

a face-to-face interview with the borrower, 

which is not practical given the public health 

recommendations being disseminated by 

local, state, and federal government agencies 

to limit contact between individuals, in order 

to contain the spread of the COVID–19 virus 

and its variants. HUD recognizes that, beyond 

government recommendations, there is 

public concern about possible transmission 

of COVID–19 from in-person contact, and 

that mortgagees and borrowers may be 

hesitant to meet in-person. FHA-approved 

mortgagees have been able to successfully 

establish contact with borrowers through 

alternate methods, gather and convey 

required information, and determine the 

borrower’s circumstances and appropriate 

repayment plans, as required by § 203.604, 

without a face-to-face interview. The waiver 

was granted to protect the public health 

while ensuring delinquent borrowers were 

provided the opportunity to learn about 

options available to bring their mortgages 

current. 

Contact: Elissa Saunders, Acting Director, 

Office of Single Family Program 

Development, Office of Housing, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 9278, Washington, 

DC 20410, telephone (202) 402–2378, 

Elissa.O.Saunders@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 Swinging Exterior Passage Doors 

(21–IW1–AC). 

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: December 13, 2021. 

Reason Waived: Many manufactured home 

manufacturers are currently facing shortages 

in the supply of swinging exterior passage 

doors that are listed or specifically certified 

for use in manufactured homes due to 

COVID–19 pandemic impacts. The major 

supply line of certified swinging exterior 

passage doors cannot meet the current and 

near term future demands of the 

manufactured housing industry, yet 

alternative door 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 swinging exterior passage doors. 

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, (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 (20–IW2–AC). 

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: December 13, 2021. 

Reason Waived: Since the early months of 

the pandemic, the manufactured housing 


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industry has continued to encounter 

difficulties in obtaining certain electrical 

circuit breakers. Although pandemic and 

national emergency restrictions are easing 

nationwide and production has resumed, 

manufacturers continue to struggle to procure 

these circuit breakers due to supply chain 

issues and personnel shortages. In order to 

build a manufactured home in compliance 

with the Manufactured Home Construction 

and Safety Standards, (24 Code of Federal 

Regulations (CFR) 3280, et seq. (the 

Standards), manufacturers must use circuit 

breakers that have been certified to specific 

standards, incorporated by reference. 

Specifically, there are limited supplies of 25 

ampere (amp), double-pole circuit breakers 

that are necessary for Rheem brand 4,500- 

watt, 240-volt water heater installations to 

conform to HUD’s Standards. 

Contact: Teresa B. Payne, Administrator, 

Office of Manufactured Housing Programs, 

Office of Housing, Department of Housing 

and Urban Development, 451 Seventh Street 

SW, Room 9168, Washington, DC 20410, 

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

hud.gov. 

• Regulation: 24 CFR 219.220(b)(1995). 

Project/Activity: Seniority House, 

Springfield, Massachusetts. 

Nature of Requirement: The regulation at 

24 CFR 219.220(b)(1995), which governs the 

repayment of operating assistance provided 

under the Flexible Subsidy Program for 

Troubled Projects, states ‘‘Assistance that has 

been paid to a project owner under this 

subpart must be repaid at the earlier of 

expiration of the term of the mortgage, 

termination of mortgage insurance, 

prepayment of the mortgage, or a sale of the 

project.’’ The Project was awarded a Flexible 

Subsidy Operating Assistance Loan in the 

amount of $2,392,748.00 in September 1992 

at 1 percent interest per annum. 

Granted By: Lopa P. Kolluri, Principal 

Deputy Assistant Secretary for Housing— 

Federal Housing. 

Date Granted: November 21, 2021. 

Reason Waived: The owner requested and 

was granted waiver of the requirement to 

repay the Flexible Subsidy Operating 

Assistance Loan in full when it became due. 

Deferring the loan payment will preserve the 

affordable housing resource for an additional 

20 years through the execution and 

recordation of a Rental Use Agreement. The 

request to defer the Flexible Subsidy 

payment is part of the owner’s proposal to 

apply for Tenant Protection Vouchers (TPV) 

assistance under PIH 2019–01/Housing 

Notice 2019–02, Funding Availability for SetAside Tenant Protection Vouchers (Notice H 

2019–02). Per Section III A(5) of Notice H 

2019–02, the Owner has elected for a Project 

Based Voucher (PBV) contract in lieu of 

Enhanced Vouchers. The owner currently 

anticipates structuring a preservation 

transaction involving the syndication of 4% 

Low Income Housing Tax Credit (LIHTC) at 

the end of this year. 

The owner plans to use approximately 

$161,698 698 ($460,698–$167,000 remain in 

account and use $132,000 for roof repairs) of 

the reserve for replacement funds when the 

Use Agreement is executed to pay down part 

of the outstanding balance including interest 

of $3,074,855.58 Flex Sub Loan balance, 

which is in compliance with Housing Notice 

2011–05, Policies and Procedures for the 

deferred repayment of Operating Assistance 

Flexible Subsidy Loans (Notice H 2011–05). 

The remaining balance of the Flex Sub 

Loan will be secured by a Surplus Cash Note. 

The owner will allocate up to a maximum of 

75% percent of surplus cash on an annual 

basis to pay down the loan. If the 

preservation transaction is not pursued, the 

owner will still be subject to the 75 percent 

Surplus Cash Note requirements. 

Contact: Brenda Sharon Young, 

Transaction Manager, Office of 

Recapitalization, Office of Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

6128, Washington, DC 20410, telephone (202) 

402–6275 or Brenda.S.Young@hud.gov. 

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: Section 19(A)(1). 

Project/Activity: Aurora Housing 

Authority, Nebraska. 

Nature of Requirement: Section 19(A)(1) 

prohibits a PHA from entering into a 

contract, subcontract, or arrangement in 

connection with the administration of its 

public housing program where any present or 

former member or officer of the governing 

body of the PHA has an interest, direct or 

indirect, during his or her tenure or for one 

year thereafter. 

Date Granted: October 1, 2021. 

Contact: Todd Thomas, Director, Office of 

Public Housing and Voucher Programs, 

Office of Public and Indian Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

4228, Washington, DC 20410, telephone (202) 

402–5687. 

• Regulation: 24 CFR 1000.14. 

Project/Activity: Tlingit Haida Regional 

Housing Authority’s (THRHA) Voluntary 

purchase of parcel with Indian Housing 

Block Grant (IHBG) funds. 

Nature of Requirement: The regulation at 

24 CFR 1000.14 requires an appraisal to be 

completed by a qualified appraiser before 

property is purchased with IHBG funds. 

Granted By: Dominique Blom, General 

Deputy Assistant for Public and Indian 

Housing. 

Date Granted: October 21, 2021. 

Reason Waived: The parcel identified for 

purchase by THRHA required an appraiser 

with a general appraisal license to complete 

an appraisal. THRHA contacted all the 

appraisers in the Juneau-Douglas area, but 

none had this certification. The only 

qualified appraiser in Southeast Alaska was 

closed due to COVID–19, and the only viable 

alternative would have been to try to get an 

appraiser with the required certification from 

outside the area to travel to Juneau for the 

appraisal, which would have incurred 

additional costs and scheduling issues. 

Because of THRHA’s extensive experience in 

the local market and due diligence in 

performing a cost estimate for the voluntary 

purchase of this parcel, THRHA’s request to 

waive the appraisal requirement at 24 CFR 

1000.14 was found to be reasonable and 

justified. 

Contact: Greg Stuckey, Administrator, 

Alaska Office of Native American Programs, 

3000 C Street, Suite 401, Anchorage, AK 

99503, telephone (907) 677–9860 or 

AKONAP Administrator, at Greg.M.Stuckey@

hud.gov. 

[FR Doc. 2022–13128 Filed 6–16–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7056–N–19; OMB Control 

No.: 2502–0178] 

60-Day Notice of Proposed Information 

Collection: Management Reviews of 

Multifamily Housing Programs HUD– 

9834 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for 60 days of public 

comment. 

DATES: Comments Due Date: August 16, 

2022. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Room 4176, Washington, DC 

20410–5000; telephone 202–402–3400 

(this is not a toll-free number) or email 

at Colette.Pollard@hud.gov for a copy of 

the proposed forms or other available 

information. Persons with hearing or 

speech impairments may access this 

number through TTY by calling the tollfree Federal Relay Service at (800) 877– 

8339. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Washington, DC 20410; email 

Colette Pollard at Colette.Pollard@

hud.gov or telephone 202–402–3400. 

This is not a toll-free number. Persons 

with hearing or speech impairments 

may access this number through TTY by 


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