[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36524-36537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13128]


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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.

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

[[Page 36525]]

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 Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the 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.
    <bullet> 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.
    <bullet> 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

[[Page 36526]]

effective. This waiver permits the participating jurisdiction to use 
self-certification of income, as provided in Sec.  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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 housing agency (PHA) for three HOME-

[[Page 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 non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
    <bullet> 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 non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
    <bullet> 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 project- PATH 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.
    <bullet> 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 low-income 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.
    <bullet> 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. H[ouml]emann, Director, Entitlement 
Communities Division, Office of

[[Page 36528]]

Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, 
telephone (202) 402-5716.
    <bullet> 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. H[ouml]emann, Director, Entitlement 
Communities Division, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7282, Washington, DC 20410, telephone (202) 402-5716.
    <bullet> 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. H[ouml]emann, Director, Entitlement 
Communities Division, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7282, Washington, DC 20410, telephone (202) 402-5716.
    <bullet> 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 low- and 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. H[ouml]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.
    <bullet> 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. H[ouml]emann, Director, Entitlement 
Communities Division, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7282, Washington, DC 20410, telephone (202) 402-5716.
    <bullet> 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,

[[Page 36529]]

conversion, lease, or repair; new construction of single room 
occupancy dwellings and community residences; project or tenant-
based rental assistance; or operating costs under 24 CFR 
574.300(b)(3), (4), (5), or (8).
    Granted By: James 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. <a href="/cdn-cgi/l/email-protection#fe9f9387d092d08e9f9297929190978dbe968b9ad0999188"><span class="__cf_email__" data-cfemail="0968647027652779686560656667607a49617c6d276e667f">[email protected]</span></a>.
    <bullet> 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 Sec.  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 
Sec.  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. <a href="/cdn-cgi/l/email-protection#43222e3a6d2f6d33222f2a2f2c2d2a30032b36276d242c35"><span class="__cf_email__" data-cfemail="40212d396e2c6e30212c292c2f2e2933002835246e272f36">[email protected]</span></a>.
    <bullet> 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 tenant-based rental assistance for one year on March 
31, 2020. On May 22, 2020, HUD waived this requirement for one year 
for all rental assistance types. 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 Sec.  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 Sec.  
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. <a href="/cdn-cgi/l/email-protection#62030f1b4c0e4c12030e0b0e0d0c0b11220a17064c050d14"><span class="__cf_email__" data-cfemail="0564687c2b692b7564696c696a6b6c76456d70612b626a73">[email protected]</span></a>.
    <bullet> 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. <a href="/cdn-cgi/l/email-protection#42232f3b6c2e6c32232e2b2e2d2c2b31022a37266c252d34"><span class="__cf_email__" data-cfemail="bbdad6c295d795cbdad7d2d7d4d5d2c8fbd3cedf95dcd4cd">[email protected]</span></a>.
    <bullet> 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

[[Page 36530]]

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. <a href="/cdn-cgi/l/email-protection#7415190d5a185a0415181d181b1a1d07341c01105a131b02"><span class="__cf_email__" data-cfemail="e8898591c684c698898481848786819ba8809d8cc68f879e">[email protected]</span></a>.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 life-threatening conditions as defined in 
Notice PIH 2017-20 (HA); and (3) recipients assure all units in 
which program participants are assisted meet the ESG housing 
standards within 60 days of the date of 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.
    <bullet> 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.
    <bullet> Regulation: 24 CFR 576.203(b).

[[Page 36531]]

    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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 36532]]

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.
    <bullet> 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

    <bullet> 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 
declared-disaster 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.
    <bullet> 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, Straight-Line 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 declared-disaster 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

[[Page 36533]]

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.
    <bullet> 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 
declared-disaster 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.
    <bullet> 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 
declared-declared 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.
    <bullet> 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.
    <bullet> 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 Housing-Rapid 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

[[Page 36534]]

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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.

[[Page 36535]]

    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.
    <bullet> 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.
    <bullet> 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 re-housing 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.
    <bullet> 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 staff-recorded 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

[[Page 36536]]

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.
    <bullet> 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 Sec.  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, <a href="/cdn-cgi/l/email-protection#eca980859f9f8dc2a3c2bf8d998288899e9fac849988c28b839a"><span class="__cf_email__" data-cfemail="bbfed7d2c8c8da95f495e8daced5dfdec9c8fbd3cedf95dcd4cd">[email protected]</span></a>.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#0c58697e697f6d2240225c6d7562694c647968226b637a"><span class="__cf_email__" data-cfemail="134776617660723d5f3d43726a7d76537b66773d747c65">[email protected]</span></a>.
    <bullet> 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

[[Page 36537]]

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, <a href="/cdn-cgi/l/email-protection#de8abbacbbadbff092f08ebfa7b0bb9eb6abbaf0b9b1a8"><span class="__cf_email__" data-cfemail="257140574056440b690b75445c4b40654d50410b424a53">[email protected]</span></a>.
    <bullet> 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 
Set-Aside 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 <a href="/cdn-cgi/l/email-protection#226050474c46430c710c7b4d574c45624a57460c454d54"><span class="__cf_email__" data-cfemail="97d5e5f2f9f3f6b9c4b9cef8e2f9f0d7ffe2f3b9f0f8e1">[email protected]</span></a>.

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.
    <bullet> 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#7b3c091e1c553655280f0e18101e023b130e1f551c140d"><span class="__cf_email__" data-cfemail="1a5d687f7d345734496e6f79717f635a726f7e347d756c">[email protected]</span></a>.

[FR Doc. 2022-13128 Filed 6-16-22; 8:45 am]
BILLING CODE P


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