29792 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 

applicable, the business or professional 

affiliation of the interested person. 

The meeting will be open to the public via 

NIH Videocast https://videocast.nih.gov/. 

Visit the IPRCC website for more 

information: http://iprcc.nih.gov. Agenda and 

any additional information for the meeting 

will be posted when available. 

Dated: May 27, 2021. 

Tyeshia M. Roberson, 

Program Analyst; Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2021–11641 Filed 6–2–21; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6210–N–04] 

Notice of Regulatory Waiver Requests 

Granted for the Fourth Quarter of 

Calendar Year 2020 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Notice. 

SUMMARY: Section 106 of the Department 

of Housing and Urban Development 

Reform Act of 1989 (the HUD Reform 

Act) requires HUD to publish quarterly 

Federal Register notices of all 

regulatory waivers that HUD has 

approved. Each notice covers the 

quarterly period since the previous 

Federal Register notice. The purpose of 

this notice is to comply with the 

requirements of section 106 of the HUD 

Reform Act. This notice contains a list 

of regulatory waivers granted by HUD 

during the period beginning on October 

1, 2020 and ending on December 31, 

2020. 

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 2020. 

SUPPLEMENTARY INFORMATION: Section 

106 of the HUD Reform Act added a 

new section 7(q) to the Department of 

Housing and Urban Development Act 

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

that: 

1. Any waiver of a regulation must be 

in writing and must specify the grounds 

for approving the waiver; 

2. Authority to approve a waiver of a 

regulation may be delegated by the 

Secretary only to an individual of 

Assistant Secretary or equivalent rank, 

and the person to whom authority to 

waive is delegated must also have 

authority to issue the particular 

regulation to be waived; 

3. Not less than quarterly, the 

Secretary must notify the public of all 

waivers of regulations that HUD has 

approved, by publishing a notice in the 

Federal Register. These notices (each 

covering the period since the most 

recent previous notification) shall: 

a. Identify the project, activity, or 

undertaking involved; 

b. Describe the nature of the provision 

waived and the designation of the 

provision; 

c. Indicate the name and title of the 

person who granted the waiver request; 

d. Describe briefly the grounds for 

approval of the request; and 

e. State how additional information 

about a particular waiver may be 

obtained. 

Section 106 of the HUD Reform Act 

also contains requirements applicable to 

waivers of HUD handbook provisions 

that are not relevant to the purpose of 

this notice. 

This notice follows procedures 

provided in HUD’s Statement of Policy 

on Waiver of Regulations and Directives 

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

In accordance with those procedures 

and with the requirements of section 

106 of the HUD Reform Act, waivers of 

regulations are granted by the Assistant 

Secretary with jurisdiction over the 

regulations for which a waiver was 

requested. In those cases in which a 

General Deputy Assistant Secretary 

granted the waiver, the General Deputy 

Assistant Secretary was serving in the 

absence of the Assistant Secretary in 

accordance with the office’s Order of 

Succession. 

This notice covers waivers of 

regulations granted by HUD from 

October 1, 2020 through December 31, 

2020. For ease of reference, the waivers 

granted by HUD are listed by HUD 

program office (for example, the Office 

of Community Planning and 

Development, the Office of Fair Housing 

and Equal Opportunity, the Office of 

Housing, and the Office of Public and 

Indian Housing, etc.). Within each 

program office grouping, the waivers are 

listed sequentially by the regulatory 

section of title 24 of the Code of Federal 

Regulations (CFR) that is being waived. 

For example, a waiver of a provision in 

24 CFR part 58 would be listed before 

a waiver of a provision in 24 CFR part 

570. 

Where more than one regulatory 

provision is involved in the grant of a 

particular waiver request, the action is 

listed under the section number of the 

first regulatory requirement that appears 

in 24 CFR and that is being waived. For 

example, a waiver of both § 58.73 and 

§ 58.74 would appear sequentially in the 

listing under § 58.73. 

Waiver of regulations that involve the 

same initial regulatory citation are in 

time sequence beginning with the 

earliest-dated regulatory waiver. 

Additionally, this notice includes 

waivers made pursuant to the 

Coronavirus Aid, Relief and Economic 

Security Act (CARES Act), not 

previously published in the Federal 

Register. These waivers are listed 

separately from other individual 

waivers within each program office 

grouping, as CARES Act waivers 

broadly covered all affected parties 

rather than individual, case-by-case 

situations. The lists include additional 

Memoranda and Notices issued 

regarding broad CARES Act waivers 

provided by HUD since the enactment 

of the Act on March 27, 2020. In 

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

or notice, identifying the specific 

CARES Act authority and purpose of the 

waivers addressed therein. 

Should HUD receive additional 

information about waivers granted 

during the period covered by this report 

(the fourth quarter of calendar year 

2020) before the next report is published 

(the first quarter of calendar year 2021), 

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, 

Principal Deputy General Counsel. 

Appendix 

Listing of Waivers of Regulatory 

Requirements Granted by Offices of the 

Department of Housing and Urban 

Development October 1, 2020 Through 

December 31, 2020 

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. 


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The regulatory waivers granted appear in 

the following order: 

I. Regulatory waivers granted by the Office 

of Community Planning and Development. 

II. Regulatory waivers granted by the Office 

of Housing. 

III. Regulatory waivers granted by the 

Office of Public and Indian Housing. 

I. Regulatory Waivers Granted by the Office 

of Community Planning and Development 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

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

24 CFR 92.64(a). 

Project/Activity: Source documentation for 

HOME Investment Partnerships Program 

(HOME) income determinations. 

Nature of Requirement: The regulations 

require initial income determinations for 

HOME beneficiaries and annual income 

determination for a TBRA tenant by 

examining source documentation covering 

the most recent two months. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver permits 

participating jurisdictions, upon notifying 

the Department, to accept self-certification of 

income in lieu of source documentation to 

determine the eligibility for HOME assistance 

of persons where source documentation does 

not accurately reflect current income and/or 

when social distancing measures make 

submission of source documentation unduly 

difficult. Many families affected by actions 

taken to reduce the spread of COVID–19, 

such as business closures resulting in loss of 

employment or lay-offs, will not have 

documentation that accurately reflects 

current income and may not be able to 

qualify for HOME assistance if the 

requirement remains effective. Additionally, 

the waiver is necessary to help participating 

jurisdictions comply with national, state, or 

local health authorities’ recommendations on 

social distancing to reduce the risk of 

spreading COVID–19. 

Applicability: The waiver applies to 

individuals and families who are applying 

for admission to a HOME rental unit or a 

HOME tenant-based rental assistance 

program, and individuals and families that 

are existing tenants of HOME rental projects 

or current recipients of tenant-based rental 

assistance, who would be placed at risk or 

experience hardship by submission of source 

documentation, as determined by the 

participating jurisdiction, in consideration of 

national, state or local health authorities’ 

COVID–19 guidelines. A participating 

jurisdiction that chooses to use this waiver 

must ensure that the income self-certification 

takes into consideration all income, 

including any unemployment and emergency 

benefits that the Department determines to be 

income under 24 CFR 5.609(c)(9). The 

participating jurisdiction must conduct rent 

and income reviews in accordance with 24 

CFR 92.203(a)(1) and (2) within 120 days 

after the end of the extended waiver period. 

The participating jurisdiction must include 

tenant income self-certifications in each 

project file. 

The waiver is effective from December 4, 

2020, through September 30, 2021. The 

waiver is available to all HOME participating 

jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

CFR 92.64(a) (Insular Areas). 

Project/Activity: Income determinations for 

HOME Tenant-Based Rental Assistance 

(TBRA). 

Nature of Requirement: The regulations 

require the participating jurisdiction to 

determine a TBRA tenant’s annual income by 

examining at least 2 months of source 

documentation evidencing income and 

projecting anticipated income forward for the 

next 12 months. This waiver permits 

participating jurisdictions to follow the 

regulations at 24 CFR 92.203(a)(1)(ii) in lieu 

of requiring a review of source 

documentation. The HOME regulations at 24 

CFR 92.203(a)(1)(ii) allow the participating 

jurisdiction to obtain a written statement of 

the amount of the family’s anticipated annual 

income and household size, along with a 

certification that the information is complete 

and accurate. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: Given the economic 

disruptions caused by the COVID–19 

pandemic, source documentation from the 

past two months may not reflect the current 

financial circumstances of many households. 

Requiring participating jurisdictions to 

determine an individual’s annual income 

using source documentation would be 

administratively burdensome, may not reflect 

current or anticipated income, and may 

result in individuals or families being 

incorrectly disqualified from receiving 

TBRA. In addition, social distancing 

measures may make submission of source 

documentation unduly difficult. 

Applicability: This waiver is applicable to 

TBRA provided to individuals or families 

experiencing financial hardship. This 

requirement is waived through September 30, 

2021, for tenant-based rental assistance 

provided in response to the COVID–19 

pandemic. The participating jurisdiction 

must ensure that the tenant’s selfcertification indicates how the tenant’s 

financial situation has changed, (i.e., job loss 

or reduced wages), and includes all income, 

including any unemployment and emergency 

benefits that the Department determines to be 

income under 24 CFR 5.609(c)(9). 

If the household will continue to receive 

TBRA beyond the waiver period, the 

participating jurisdiction must determine the 

household’s income eligibility in accordance 

with 24 CFR 92.203(a)(2) prior to executing 

a new TBRA contract. The participating 

jurisdiction must include tenant income 

certifications in each project file. This waiver 

is effective from the date of this 

memorandum and remains in effect through 

the end of the waiver period. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

CFR 92.64(a). 

Project/Activity: Four-year project 

completion deadline. 

Nature of Requirement: The regulations 

require that projects assisted with HOME 

funds be completed within four years of the 

date that HOME funds were committed. If the 

project is not complete, in accordance with 

the definition of ‘‘project completion’’ at 24 

CFR 92.2, by the deadline, the project is 

involuntarily terminated in HUD’s Integrated 

Data Information System (IDIS), and the 

participating jurisdiction must repay all 

funds invested in the project. The regulations 

permit a participating jurisdiction to request 

an extension of the deadline for up to oneyear. 24 CFR 92.64(a) applies these 

requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: This waiver is necessary to 

provide additional time to permit completion 

of HOME-assisted projects that may be 

delayed due the effect of COVID–19 on 

project timelines. 

Applicability: This waiver applies to 

projects with 4-year project completion 

deadlines that occurred or will occur on after 

April 10, 2020, including projects with 

deadlines that were extended for one-year 

pursuant to an approved request under 24 

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

effect on or after April 10, 2020. The 

completion deadlines for covered projects are 

extended to September 30, 2021. The waiver 

is available to all HOME participating 

jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.209(a) and (h) and 

24 CFR 92.64(a). 

Project/Activity: Eligible tenant-based 

rental assistance costs and maximum TBRA 

subsidy. 

Nature of Requirement: The regulations 

state that eligible TBRA costs include rental 

assistance and security deposit payments 

made to income-eligible households. 

Participating jurisdictions can also use 

HOME funds to provide utility deposit 

assistance if such assistance is provided in 

conjunction with TBRA or a security deposit 

payment. The amount of monthly utility 

costs included in TBRA is limited by the 

utility allowance established by the 

participating jurisdiction for its TBRA 

program. The maximum amount of monthly 

assistance may not exceed the difference 


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between the participating jurisdiction’s rent 

standard and 30 percent of the tenant’s 

monthly adjusted income. The participating 

jurisdiction must establish a minimum tenant 

contribution to rent, and a rent standard that 

is based on local market conditions or the 

subsidy standards under the Section 8 

Housing Choice Voucher Program. The 

HOME regulations at 24 CFR 92.64(a) apply 

these requirements to Insular Areas. 

This waiver allows participating 

jurisdictions to pay the full cost of monthly 

utilities in addition to rental assistance and 

security deposit payments for new and 

existing TBRA families affected by the 

COVID–19 pandemic. Participating 

jurisdictions may provide up to 100 percent 

subsidy for rent, security deposit payments, 

and utilities for tenants affected by a 

reduction or loss of income from the COVID– 

19 pandemic. In addition, this waiver allows 

participating jurisdictions to pay past-due 

rent and fees, including any late fees, as 

defined in the tenant’s lease. This waiver also 

permits the payment of utility costs, late fees 

associated with overdue utilities, as well as 

necessary costs to restore utility service. All 

costs must still comply with 2 CFR part 200, 

subpart E, including the requirement that 

HOME assistance not be used to pay costs 

when other sources, including federal, state, 

or local assistance have already been 

provided to pay the same costs. The waiver 

also eliminates the need for the participating 

jurisdiction to establish utility allowances for 

different types and sizes of units for its TBRA 

program, which eliminates a significant 

administrative burden. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The COVID–19 pandemic 

has caused widespread loss or reduction of 

income, significantly affecting the financial 

stability of households, including existing 

TBRA families, and rendering many unable 

to pay rent and/or utilities. Households must 

be able to maintain the basic utilities 

required to ensure housing remains safe and 

sanitary. Permitting participating 

jurisdictions to use HOME funds to pay for 

utilities will enable affected households to 

maintain decent, safe, and sanitary housing, 

which necessarily requires electricity, water, 

and/or gas service during the pandemic. 

As individuals experience financial 

hardship, the amount of assistance required 

to ensure they remain housed will often 

exceed the participating jurisdiction’s 

payment standard. In addition, individuals 

may be unable to pay the participating 

jurisdiction’s minimum required tenant 

contribution toward rent. Requiring 

participating jurisdictions to establish or 

revise payment standards and the minimum 

tenant contribution to rent policies in the 

current emergency would be burdensome 

and delay the provision of TBRA in response 

to the pandemic. 

Applicability: This waiver is applicable to 

TBRA provided to individuals or families 

experiencing financial hardship, including 

existing TBRA families that have experienced 

a loss or reduction in income due to the 

COVID–19 pandemic. This requirement is 

waived through September 30, 2021, for 

rental assistance provided in response to the 

COVID–19 pandemic. Participating 

jurisdictions using this waiver authority must 

execute a rental assistance contract with the 

owner or tenant for a term mutually agreed 

upon by all parties, but not to exceed the 

waiver period ending on September 30, 2021. 

The waiver is available to all HOME 

participating jurisdictions. 

The participating jurisdiction may pay 

past-due rent and fees, including late fees, in 

accordance with the tenant’s lease and 

federal requirements, due on or after January 

27, 2020, the effective date of the public 

health emergency declared by the Secretary 

of Health and Human Services for the 

COVID–19 pandemic until the end of the 

extended waiver period. Participating 

jurisdictions should establish a timeframe for 

TBRA assistance during the extended waiver 

period based on the circumstances in their 

jurisdiction. In accordance with the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act, Pub. L. 116–136) 

moratorium on fees, after the effective date of 

the rental assistance contract, the 

participating jurisdiction may not pay and an 

owner may not charge, any fees associated 

with nonpayment of rent from March 27, 

2020 until after July 24, 2020. The 

participating jurisdiction must document the 

amount(s) and payment date(s) of any pastdue rent and fees in the TBRA tenant file. 

The file should also include evidence that 

the fees comply with federal requirements, 

including the CARES Act, 2 CFR part 200, 

subpart E, and tenant’s lease. The 

participating jurisdiction may make utility 

payments, including any past-due payments, 

late fees and utility restoration costs due on 

or after January 27, 2020, directly to the 

tenant or utility company based on utility 

bills submitted for the assisted unit, either by 

mail or electronically. The participating 

jurisdiction must document the amount(s) 

and payment date(s) of any utility payments 

and fees in the TBRA tenant file. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.209(e) and 24 CFR 

92.64(a) (Insular Areas). 

Project/Activity: Term of rental assistance 

contract. 

Nature of Requirement: The regulations 

establish requirements for the term of rental 

assistance contracts, including that the term 

must begin on the first day of the term of the 

lease. For a rental assistance contract 

between a participating jurisdiction and an 

owner, the term of the contract must 

terminate upon termination of the lease. For 

a rental assistance contract between a 

participating jurisdiction and a family, the 

term of the contract is not required to 

terminate upon the termination of the lease, 

but no payments may be made after lease 

termination until the family executes a new 

lease. The HOME regulations at 24 CFR 

92.64(a) apply these requirements to Insular 

Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver eliminates the 

requirement that the rental assistance 

contract begin on the first day of the term of 

the lease. This waiver is necessary to enable 

participating jurisdictions to assist tenants 

that are currently housed, including existing 

TBRA households, but have experienced 

sudden financial hardship as a result of the 

COVID–19 pandemic. Because affected 

households already have an executed lease, 

it is impossible for the TBRA contract to 

begin on the first day of the term of the lease. 

Applicability: This requirement is waived 

through September 30, 2021, for tenant-based 

rental assistance (TBRA) provided in 

response to the COVID–19 pandemic. The 

participating jurisdiction’s requirement to 

execute a rental assistance contract with the 

owner or tenant is not waived. Participating 

jurisdictions using this waiver authority must 

execute a rental assistance contract with the 

owner or tenant for a term mutually agreed 

upon by all parties, but not to exceed the 

waiver period. The waiver is available to all 

HOME participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.209(f) and 24 CFR 

92.64(a). 

Project/Activity: HOME TBRA rent 

reasonableness. 

Nature of Requirement: The regulations 

require that a participating jurisdiction must 

disapprove a lease if the rent is not 

reasonable, based on an assessment of rents 

charged for comparable unassisted rental 

units. The HOME regulations at 24 CFR 

92.64(a) applies this requirement to Insular 

Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver permits 

participating jurisdictions to provide 

immediate rental assistance without 

requiring an assessment of rents charged for 

comparable unassisted rental units. Given the 

unprecedented need for rental assistance for 

individuals facing financial hardship during 

the pandemic, requiring participating 

jurisdictions to conduct a rent comparison 

prior to providing rental assistance presents 

an undue administrative burden. 

Applicability: The waiver is applicable to 

TBRA provided to individuals and tenant 

households experiencing financial hardship 

because of a reduction or loss of income. The 

requirement is waived through September 30, 

2021. Participating jurisdictions using this 

waiver authority must execute a rental 

assistance contract with the owner or tenant. 

The waiver is available to all participating 

jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 


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Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.209(g) and 24 CFR 

92.64(a). 

Project/Activity: HOME TBRA tenant 

protections—lease. 

Nature of Requirement: The regulations 

require that each HOME-assisted tenant have 

a lease that complies with the tenant 

protection requirements of 24 CFR 92.253(a) 

and (b). In accordance with 24 CFR 92.253(a), 

there must be a lease between the tenant and 

the owner of rental housing assisted with 

HOME TBRA. The lease must have a term of 

not less than one year, unless both parties 

mutually agree to a shorter period. The lease 

cannot contain any of the prohibited lease 

terms defined in 24 CFR 92.253(b). The 

HOME regulations at 24 CFR 92.64(a) apply 

these requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver permits 

participating jurisdictions to assist 

individuals currently housed but facing 

financial hardship, where an executed lease 

is already in place. During the COVID–19 

pandemic, participating jurisdictions may 

assist individuals that are already in rental 

units but are unable to pay rent and/or 

utilities due to job loss or reduced wages. 

These individuals already have an executed 

lease that may include one or more of the 

prohibited lease terms included in 24 CFR 

92.253(b). Requiring participating 

jurisdictions to immediately execute or 

amend leases creates an undue 

administrative burden and may disqualify 

some in-place tenants from receiving TBRA. 

Applicability: In response to the COVID–19 

pandemic, the requirement that a tenant 

assisted by TBRA have a lease that complies 

with the requirements of 24 CFR 92.253(b) is 

waived through September 30, 2021, for 

rental assistance provided to tenants already 

housed who have an executed lease. The 

participating jurisdictions using this waiver 

authority are required to execute a rental 

assistance contract with the tenant for a term 

mutually agreed upon by all parties, but not 

to exceed the waiver period ending on 

September 30, 2021. The lease provisions at 

24 CFR 92.253(a) are not waived. A 

household receiving TBRA must have an 

executed lease with the project owner for a 

term of not less than one year, unless both 

parties agree to a shorter term. In addition, 

the participating jurisdiction must still 

comply with all VAWA requirements 

contained in 24 CFR 92.359 by including, at 

a minimum, a lease addendum that addresses 

all VAWA requirements. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.209(i) and 24 CFR 

92.64(a). 

Project/Activity: HOME TBRA housing 

quality standards. 

Nature of Requirement: The regulations 

require that all housing occupied by 

households receiving HOME TBRA must 

meet the housing quality standards (HQS) at 

24 CFR 982.401. The participating 

jurisdiction is required to inspect the unit for 

compliance prior to occupancy and annually 

thereafter. The HOME regulations at 24 CFR 

92.64(a) apply these requirements to Insular 

Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The COVID–19 pandemic 

has created an unprecedented need for rental 

assistance for tenant households facing 

financial hardship. Participating jurisdictions 

must act quickly to address these needs and 

requiring HQS inspections of all units where 

HOME TBRA assistance is provided would 

create an administrative burden and reduce 

participating jurisdictions’ ability to respond 

timely to the housing needs created by the 

pandemic. In addition, requiring initial HQS 

inspections would increase housing 

inspectors’ risk of contracting or spreading 

the COVID–19 virus. 

Applicability: This waiver is applicable to 

TBRA provided to tenant households 

experiencing financial hardship. This 

requirement is waived through September 30, 

2021, for rental assistance provided in 

response to the COVID–19 pandemic. The 

lead-safe housing requirements of 24 CFR 

part 35, subpart M, made applicable to units 

leased by recipients of HOME TBRA by the 

HOME regulation at 24 CFR 92.355, cannot 

be waived. Consequently, units built before 

1978 must undergo visual evaluation and 

paint repair in accordance with 24 CFR part 

35, subpart M. Participating jurisdictions 

using this waiver authority must establish 

procedures to minimize the risk that tenants 

are in housing that does not meet HQS. If 

TBRA to the household will continue beyond 

September 30, 2021, the participating 

jurisdiction must conduct an HQS 

Inspection, in accordance with the HOME 

requirements at 24 CFR 92.209(i), prior to 

executing a new TBRA contract. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.210(a) and (b) and 

24 CFR 92.64(a). 

Project/Activity: Use of HOME funds for 

operating reserves for troubled HOME 

projects. 

Nature of Requirement: The regulations 

establish provisions to permit HOME rental 

projects that are not financially viable (i.e., 

projects for which operating costs 

significantly exceed operating revenue) to be 

the preserved through the use of HOME 

funds to recapitalize project reserves. The 

regulations also require HUD to review 

market needs, available resources, and the 

likelihood of long-term viability of the 

project before approving this use of HOME 

funds. In addition, a written memorandum of 

agreement between HUD and the 

participating jurisdiction is a precondition of 

this funding and the regulation places certain 

limitations on the amount of funding. 24 CFR 

92.64(a) applies these requirements to Insular 

Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver is necessary to 

enable participating jurisdictions to take 

rapid action to preserve the financial 

viability of HOME-assisted affordable rental 

projects currently under a HOME period of 

affordability. Because existing tenants in 

HOME units may be unable to meet their rent 

obligations due to the economic impact of the 

COVID–19 pandemic, HOME rental projects 

may experience operating deficits due to the 

sudden decrease in rental revenue. The 

waiver is also necessary to enable 

participating jurisdictions to recapitalize 

operating reserves to account for increased 

operating costs related to the COVID–19 

pandemic, such as lost revenue due to the 

closure of amenities and/or more intensive 

cleaning and disinfection of common areas. 

Applicability: The waiver applies to 

HOME-assisted rental projects currently 

within the period of affordability established 

in the HOME written agreement. 

Participating jurisdictions will not be 

required to obtain HUD approval or execute 

a memorandum of agreement with HUD 

before providing this assistance. Participating 

jurisdiction may only exercise this waiver 

authority when the project owner agrees to 

forego: (1) Any distributions of residual 

receipts resulting from the project throughout 

the waiver period and for a period of 6 

months thereafter; (2) any right under the 

existing lease agreement or State or local law 

to pursue legal action against tenants of 

HOME-assisted units for non-payment of rent 

and the collection of any fees associated with 

late payments without prior approval of the 

participating jurisdiction; and (3) any adverse 

credit reporting against tenants of HOMEassisted units for nonpayment of rent or fees 

without prior approval of the participating 

jurisdiction. To clarify, per the waiver and 2 

CFR part 200 requirements, costs paid for by 

other sources are ineligible and cannot be 

paid for by HOME funds. Private sources 

include rent received from HOME-assisted 

tenants. To prevent the misuse of HOME 

funds to pay for costs paid with other sources 

and to maintain the eligibility of costs paid 

for by HOME assistance, the owner must 

reduce the amount of any back rent owed by 

tenants by the amount of HOME operating 

reserve assistance deposits. The amount 

expended to pay operating reserve assistance 

must not exceed the share of operating costs 

attributable to the HOME-assisted units. If 

the owner pursues and receives back rent 

from a HOME-assisted tenant, the owner 

must repay the amount of operating reserve 

assistance equal to the amount of back rent 

received. 

The participating jurisdiction may provide 

additional HOME funds to recapitalize 

operating deficit reserves for HOME-assisted 

rental projects if the participating jurisdiction 

determines that the project is experiencing 

operating deficits related to the economic 


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effects of the COVID–19 pandemic during the 

waiver period. The participating jurisdiction 

may only provide this assistance to projects 

experiencing operating deficits that will not 

be covered by insurance or other sources 

(e.g., other private, local, state, or federal 

funds). The maximum amount of HOME 

assistance that may be provided is equal to 

the total of the project’s operating expenses, 

previously scheduled payments to a 

replacement reserve, and actual debt service 

(excluding debt service of loans in 

forbearance) multiplied by the proportionate 

share of HOME-assisted units to the total 

number of units in the project for the period 

beginning on April 1, 2020 to September 30, 

2021. 

Project operating expenses may be 

demonstrated by one of the following: 

Owner’s most recent year-to-date financials 

for the project; Certified project-level 

accounting records covering the most recent 

3 months; or Copies of project-level bank 

statements covering the most recent 3 

months. Project operating expenses may also 

be adjusted due to COVID–19-related 

expenditures and foregone expenses due to 

social distancing measures and other COVID– 

19-related impacts. An owner may 

demonstrate these expenses with recent 

receipts, copies of work orders, revised 

budgets that have been certified by the 

project owner as true, accurate 

representations of current expenditures. In 

order to take advantage of this waiver, 

participating jurisdictions must amend the 

HOME written agreement with the project 

owner to include the amount of HOME funds 

that will be provided to an operating reserve 

(i.e., the proportion of total costs attributable 

to HOME units as described in the paragraph 

above), the costs eligible to be paid with 

HOME funds in the operating reserve (i.e., 

operating expenses, scheduled payments to a 

replacement reserve, and qualifying debt 

service), and the documentation the 

participating jurisdiction is required to 

maintain to demonstrate the allowable 

amounts and eligibility of costs paid with the 

HOME funds in the operating reserve. The 

written agreement must specify that the 

owner must forego: (1) Any distributions of 

residual receipts during the period this 

waiver is in effect and for a period of 6 

months thereafter; (2) any right under the 

existing lease agreement or State or local law 

to pursue legal action against tenants of 

HOME-assisted units for non-payment of rent 

and the collection of any fees associated with 

late payments without prior approval of the 

participating jurisdiction; and (3) any adverse 

credit reporting against tenants of HOMEassisted units for nonpayment of rent or fees 

without prior approval of the participating 

jurisdiction. Within 6 months following the 

waiver period, the participating jurisdiction 

must review the project’s records of actual 

revenue and operating expenses, total 

amount of HOME funds expended from the 

operating reserve, and the eligibility of 

expenses by examining invoices and receipts. 

The written agreement must require the 

project owner to repay any expenditures for 

costs determined to be ineligible (which 

includes costs paid for by other sources) and 

any balance of HOME funds remaining in the 

reserve after the extended waiver period. Any 

HOME funds repaid to the participating 

jurisdiction must be deposited in the local 

HOME account and reported as program 

income in IDIS. The waiver is effective 

through September 30, 2021. 

The waiver is available to all HOME 

participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.252(h) and 24 

CFR 92.64(a) (Insular Areas). 

Project/Activity: Source documentation for 

income re-examinations. 

Nature of Requirement: The regulations 

require re-examination of income of each 

tenant using source documentation in 

accordance with § 92.203(a)(1)(i) in every 

sixth year of the affordability period where 

an owner of a multifamily project with an 

affordability period of 10 years of more reexamine tenant’s annual income through a 

statement and certification in accordance 

with § 92.203(a)(1)(ii). 24 CFR 92.64(a) 

applies these requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: This waiver permits the 

use of self-certification of income, as 

provided at § 92.203(a)(1)(ii), in lieu of 

source documentation to re-examine the 

income of tenants residing in a HOME 

multifamily project with a period of 

affordability of 10 years or more, if the 

reexamination of tenant income required in 

every sixth year of the project’s period of 

affordability occurs on or before September 

30, 2021. 

This waiver is necessary because source 

documentation may not accurately reflect the 

current income of existing tenants and/or 

social distancing measures may make 

submission of source documentation unduly 

difficult. Many families affected by actions 

taken to reduce the spread of COVID–19, 

such as business closures resulting in loss of 

employment or lay-offs, will not have 

documentation that accurately reflects 

current income and will not be able to 

qualify for HOME assistance if the 

requirement remains in effect. Additionally, 

the waiver is necessary to help participating 

jurisdictions comply with national, state, or 

local health authorities’ recommendations on 

social distancing to reduce the risk of 

spreading COVID–19. 

Applicability: This waiver applies to an 

owner of a HOME multifamily rental project 

with a period of affordability of 10 years or 

more to use self-certification of income if a 

reexamination of tenant income required in 

every sixth year of the project’s period of 

affordability occurs on or before September 

30, 2021. This is to accommodate a tenant 

with source documentation that does not 

accurately reflect current income and/or 

where individuals and families would be 

placed at risk or experience hardship by 

submission of source documentation to the 

owner, as determined by the participating 

jurisdiction, in consideration of national, 

state or local health authorities’ COVID–19 

guidelines. The waiver is available to all 

HOME participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

• Regulation: 24 CFR 92.254(a)(3) and 24 

CFR 92.64(a). 

Project/Activity: Nine-month deadline for 

sale of HOME-assisted homebuyer units. 

Nature of Requirement: The regulations 

require that a homebuyer housing unit 

developed with HOME funds have a ratified 

contract for sale to an eligible homebuyer 

within nine months of the date of completion 

of construction or rehabilitation. If there is no 

ratified sales contract with an eligible 

homebuyer within 9 months of completion of 

construction or rehabilitation, the housing 

must be rented to an eligible tenant in 

accordance with § 92.252. 24 CFR 92.64(a) 

applies these requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: Many participating 

jurisdictions will not be able to meet this 

deadline due to the effect the COVID–19 

pandemic will have on the ability of eligible 

households to qualify for mortgages as a 

result of income losses or the inability to 

schedule inspections, title searches, or 

closings during periods of business closures. 

The waiver is necessary to prevent the loss 

of homeownership opportunities for HOMEeligible families and temporarily suspend the 

required corrective action of repayment of 

HOME funds or conversion of the homebuyer 

units to rental housing. 

Applicability: The waiver applies to 

projects for which the nine-month 

homebuyer sale deadline occurs on or after 

the date of this memorandum and extends 

the deadline for those projects to September 

30, 2021. The waiver is available to all 

HOME participating jurisdictions. This 

waiver does not apply to the remaining 

requirements of the regulation, including that 

a homebuyer must receive housing 

counseling, and that a participating 

jurisdiction must determine eligibility of a 

family by including the income of all persons 

living in the housing. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

24 CFR 92.64(a). 

Project/Activity: On-site inspections of 

HOME-assisted rental housing. 

Nature of Requirement: The regulations 

require that during the period of affordability 

participating jurisdictions perform on-site 

inspections of HOME-assisted rental housing 

at least once every three years to determine 


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compliance with the property standards and 

to verify the information submitted by the 

owners in accordance with the income and 

rent requirements. 24 CFR 92.64(a) applies 

these requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: Waiving the requirement 

to perform ongoing on-site inspections will 

help protect participating jurisdiction staff 

and limit the spread of COVID–19. To protect 

participating jurisdiction staff and reduce the 

spread of COVID–19, this waiver extends the 

timeframe for participating jurisdictions to 

perform on-going periodic inspections and 

on-site reviews to determine a HOME rental 

project’s compliance with property standards 

and rent and income requirements. 

Applicability: The waiver is applicable to 

ongoing periodic inspections and does not 

waive the requirement to perform initial 

inspections of rental properties upon 

completion of construction or rehabilitation. 

Within 120 days of the end of this waiver 

period, participating jurisdictions must 

physically inspect units that would have 

been subject to on-going inspections during 

the waiver period. The waiver is also 

applicable to on-site reviews to determine a 

HOME rental project’s compliance with rent 

and income requirements if the project owner 

is unable to make documentation available 

electronically. The waiver is in effect through 

September 30, 2021. The waiver is available 

to all HOME participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

CFR 92.209(i) and 24 CFR 92.64(a). 

Project/Activity: Housing Quality 

Standards—Initial and annual inspection of 

units occupied by recipients of HOME 

tenant-based rental assistance (TBRA). 

Nature of Requirement: The regulations 

require participating jurisdictions to initially 

inspect each unit to be occupied by a 

recipient of HOME TBRA and annually reinspect each unit occupied by a recipient of 

HOME TBRA. 24 CFR 92.64(a) applies these 

requirements to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: Waiving the requirement 

that HQS inspections be performed before a 

HOME TBRA recipient leases and occupies a 

rental unit and annually re-inspect according 

to schedule will protect the health of both 

inspectors and TBRA tenants by observing 

physical distancing recommendations to 

limit the spread of COVID–19. 

Applicability: The waiver is applicable to 

initial and annual housing quality standards 

inspections required to occur from April 10, 

2020, through September 30, 2021. The 

waiver is available to all HOME participating 

jurisdictions. 

Participating jurisdictions using this 

waiver authority for families assisted under 

TBRA are not required to inspect for 

compliance with HQS in accordance with 24 

CFR 982.401. Participating jurisdiction shall 

make reasonable efforts to address any 

tenant-reported health and safety issues 

during the waiver period. At the conclusion 

of the extended waiver period, all housing 

occupied by households receiving HOME 

TBRA must meet the housing quality 

standards (HQS) at 24 CFR 982.401. 

However, this waiver does not apply to the 

requirements at 24 CFR 35.1215. 

Consequently, units built before 1978 must 

undergo visual evaluation and paint repair in 

accordance with 24 CFR part 35, subpart M. 

Participating jurisdictions using this waiver 

authority must establish procedures to 

minimize the risk that tenants are in housing 

that does not meet HQS. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

CFR 92.209(i) and 24 CFR 92.64(a). 

Project/Activity: Annual inspection of 

units occupied by recipients of HOME 

tenant-based rental assistance (TBRA). 

Nature of Requirement: Provisions require 

participating jurisdictions to annually 

inspect each unit occupied by a recipient of 

HOME TBRA. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: Waiving the requirement 

that annual HQS inspections be performed 

according to schedule will protect the health 

of both inspectors and TBRA tenants by 

observing physical distancing 

recommendations to limit the spread of 

COVID–19. 

Applicability: The waiver is applicable to 

annual HQS inspections required to occur 

from April 10, 2020 through September 30, 

2021. Participating jurisdictions using this 

waiver authority are not required to inspect 

for compliance with HQS in accordance with 

24 CFR 982.401. Participating jurisdictions 

shall make reasonable efforts to address any 

tenant reported health and safety issues 

during the waiver period. All housing that 

will continue to be occupied by HOME TBRA 

households after the end of the extended 

waiver period, must be inspected for 

compliance with HQS prior to executing a 

new TBRA contract. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

CFR 92.64(a). 

Project/Activity: Timeframe for a HOME 

participating jurisdiction’s response to 

findings of noncompliance. 

Nature of Requirement: The regulations 

require that if HUD determines that a 

participating jurisdiction has not met a 

provision of the HOME regulations, the 

participating jurisdiction must be notified 

and given an opportunity to respond within 

a time period prescribed by HUD, not to 

exceed 30 days. 24 CFR 92.64(a) applies this 

requirement to Insular Areas. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: December 4, 2020. 

Reason Waived: The waiver is necessary to 

permit HUD to provide participating 

jurisdictions with an extended period to 

respond to findings of noncompliance in 

recognition of the unanticipated 

circumstances created by the COVID–19 

pandemic. Requiring participating 

jurisdictions to respond to all findings of 

noncompliance within 30 days may interfere 

with a participating jurisdiction’s ability to 

address the unprecedented housing needs 

caused by the COVID–19 pandemic. 

Applicability: The waiver applies to all 

findings of HOME regulatory noncompliance 

issued from April 10, 2020, through 

September 30, 2021. In the notice of findings, 

HUD will specify a time period for the 

participating jurisdiction’s response. HUD 

may also extend time periods imposed before 

April 10, 2020. The waiver is available to all 

HOME participating jurisdictions. 

Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7160, Washington, DC 20410, telephone (202) 

708–2684. 

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

Allowance Requirements. 

Project/Activity: The County of Santa 

Clara, the City of Mountain View, and the 

County of San Luis Obispo, California, 

requested a waiver of 24 CFR 92.252(d)(1) to 

allow use of the utility allowance established 

by a local public housing agency (PHA) for 

three HOME-assisted projects: Orchard 

Ranch Apartments in Santa Clara County, 

Shorebreeze II Family Apartments in 

Mountain View, and Courtyard at the 

Meadows in San Luis Obispo County. 

Nature of Requirement: The regulation at 

24 CFR 92.252(d)(1) requires participating 

jurisdictions to establish maximum monthly 

allowances for utilities and services 

(excluding telephone) and update the 

allowances annually. However, participating 

jurisdictions are not permitted to use the 

utility allowance established by the local 

public housing authority for HOME-assisted 

rental projects for which HOME funds were 

committed on or after August 23, 2013. 

Granted By: John Gibbs, Principal Deputy 

Assistant Secretary for Community Planning 

and Development. 

Date Granted: November 17, 2020. 

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 

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Contact: Virginia Sardone, Director, Office 

of Affordable Housing Programs, Department 

of Housing and Urban Development, 451 

Seventh Street SW, Room 7160, Washington, 

DC 20410, telephone (202) 402–4606. 

• Regulation: 24 CFR 578.3, definition of 

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

Project/Activity: The one-year lease 

requirement is waived for leases executed 

between the date of this memorandum and 

March 31, 2021, so long as the initial term 

of all leases is at least one month. 

Nature of Requirement: Program 

participants residing in PSH must be the 

tenant on a lease for a term of at least one 

year that is renewable and terminable for 

cause. 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: HUD originally waived 

this requirement for 6-months on March 31, 

2020 and again until December 31, 2020 on 

September 30, 2020 to help recipients more 

quickly identify permanent housing for 

individuals and families experiencing 

homelessness, which is helpful in preventing 

the spread of COVID–19. Extending this 

waiver is necessary because recipients 

continue to need to help program 

participants identify housing quickly to help 

prevent the spread of COVID–19. 

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 (202) 

708–4300. 

• Regulation: 24 CFR 578.33(c). 

Project/Activity: The requirement that the 

renewal grant amount be based on the budget 

line items in the final year of the grant being 

renewed is further waived for all projects that 

amend their grant agreement between 

January 1, 2021 and March 31, 2021 to move 

funds between budget line items in a project 

in response to the COVID–19 pandemic. 

Recipients may then apply in the next FY 

CoC Program funding cycle based on the 

budget line items in the grants before they 

were amended. 

Nature of Requirement: 24 CFR 578.33(c) 

requires that budget line item amounts a 

recipient is awarded for renewal in the CoC 

Program Competition will be based on the 

amounts in the final year of the prior funding 

period of the project. 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: HUD originally waived 

this requirement for grant agreement 

amendments signed between March 31, 2020 

and October 1, 2020 to allow recipients to 

move funds between budget line items in a 

project in response to the COVID–19 

pandemic and still apply for renewal in the 

next FY CoC Program funding cycle based on 

the budget line items in the grants before 

they were amended. HUD again waived this 

requirement for all grant agreements signed 

from October 1, 2020 until December 31, 

2020. Recipients continue to report needing 

to shift budget line items to respond to the 

COVID–19 pandemic (e.g., providing 

different supportive service necessitated by 

the pandemic or serving fewer people 

because the layout of the housing does not 

meet local social distancing 

recommendations) without changing the 

original design of the project when it is not 

operating in a public health crisis and can 

resume normal operations. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

• Regulation: 24 CFR 578.37(a)(l)(ii)(F). 

Project/Activity: The requirement in 24 

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

program participants to meet with case 

managers not less than once per month is 

waived for all permanent housing-rapid rehousing projects until March 31, 2021. 

Nature of Requirement: Recipients must 

require program participants of permanent 

housing-rapid re-housing projects to meet 

with a case manager at least monthly. 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: HUD originally waived 

this requirement for 2-months on March 31, 

2020. On May 22, 2020 HUD again waived 

this requirement for an additional 3 months 

and on September 30, 2020 HUD once again 

waived this requirement until December 31, 

2020. Recipients are continuing to report 

limited staff capacity as staff members are 

home for a variety of reasons related to 

COVID–19 (e.g., quarantining, children home 

from school, working elsewhere in the 

community to manage the COVID–19 

response). In addition, not all program 

participants have capacity to meet via phone 

or internet. Waiving the monthly case 

management requirement as specified below 

will allow recipients to provide case 

management on an as needed basis and 

reduce the possible spread and harm of 

COVID–19. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

• Regulation: 24 CFR 578.49(b)(2). 

Project/Activity: The Fair Market Rent 

(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, 2021. The affected recipient or 

subrecipient must still ensure that rent paid 

for individual units that are leased with 

leasing dollars meet the rent reasonableness 

standard in 24 CFR 578.49(b)(2). 

Nature of Requirement: Rent payments for 

individual units with leasing dollars may not 

exceed (FMR). 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: HUD originally waived 

this requirement for 6-months on March 31, 

2020. On September 30, 2020 HUD again 

waived this requirement until December 31, 

2020. Extending this waiver of the limit on 

using grant leasing funds to pay above FMR 

for individual units, but not greater than 

reasonable rent, will assist recipients in 

locating additional units to house individuals 

and families experiencing homelessness and 

reduce the spread and harm of COVID–19. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

• Regulation: 24 CFR 578.75(b)(1). 

Project/Activity: The waiver of the 

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

recipient or subrecipient physically inspect 

each unit to assure that the unit meets 

Housing Quality Standards (HQS) before 

providing assistance on behalf of a program 

participant is in effect until March 31, 2021 

for recipients and subrecipients that are able 

to obtain certification from the owner that 

they have no reasonable basis to have 

knowledge that life-threatening conditions 

exist in the unit or units in question; and the 

recipient or subrecipient has written policies 

to physically inspect the unit within 3 

months after the health officials determine 

special measures to prevent the spread of 

COVID–19 are no longer necessary. 

Nature of Requirement: 24 CFR 

278.75(b)(1) requires that recipients or 

subrecipients physically inspect each unit to 

assure that it meets HQS before any 

assistance will be provided for that unit on 

behalf of a program participant. 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: On March 31, 2020, HUD 

waived the physical inspection requirement 

at 24 CFR 578.75(b)(l) for 6-months so long 

as recipients or subrecipients were able to 

visually inspect the unit using technology to 

ensure the unit met HQS before any 

assistance was provided and recipients or 

subrecipients had written policies in place to 

physically reinspect the unit within 3 

months after the health officials determined 

special measures to prevent the spread of 

COVID–19 are no longer necessary. However, 

this standard still relies on program 

participants or landlords having the 

technology to carry out this virtual 

inspection. Waiving the initial inspection 

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

specified below will allow recipients to move 

people from the streets and shelters into 

housing more quickly, which enables social 

distancing, and helps prevent the spread of 

COVID–19. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 


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• Regulation: 24 CFR 578.75(c) and 24 CFR 

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

578.75(b) 

Project/Activity: The requirement that each 

unit assisted with CoC Program funds or 

YHDP funds have at least one bedroom or 

living/sleeping room for each two persons is 

waived for recipients providing Permanent 

Housing-Rapid Rehousing assistance for 

leases and occupancy agreements executed 

by recipients and subrecipients between the 

date of this memorandum and March 31, 

2021 and extending only until the later of (1) 

the end of the initial term of the lease or 

occupancy agreement; or (2) March 31, 2021. 

Recipients are still required to follow State 

and local occupancy laws. 

Nature of Requirement: 24 CFR 578.75(c), 

suitable dwelling size, and 24 CFR 

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

578.75(b), Housing Quality Standards, 

requires units funded with CoC Program 

funds to have at least one bedroom or living/ 

sleeping room for each two persons. 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: On September 30, 2020, 

HUD waived the requirements at 24 CFR 

982.401(d)(2)(ii) and 24 CFR 578.75(c) to 

allow households experiencing homelessness 

to obtain permanent housing that is 

affordable and that they assess is adequate. 

Recipients continue to report that households 

experiencing homelessness remain unable to 

afford the limited supply of affordable 

housing in many jurisdictions across the 

country and this has been made even more 

challenging due to the economic impact of 

COVID–19. HUD is waiving the requirements 

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

578.75(c) as further specified below to reduce 

the spread of COVID–19 by allowing 

households to move into housing instead of 

staying in congregate shelter. Consistent with 

the Executive Order on Fighting the Spread 

of COVID–19 by Providing Assistance to 

Renters and Homeowners, grantees should 

balance use of this waiver with the 

recommendations of public health officials to 

limit community spread and reduce risks to 

high-risk populations. For example, a large 

unit with rooms than can be partitioned for 

privacy and distancing, or the waiver can be 

applied for units that will house only one 

family household. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone (202) 

708–4300. 

• Regulation: 24 CFR 578.103(a)(7)(iv). 

Project/Activity: The waiver of the 

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

the recipient or subrecipient may only rely 

on program participant self-certification of 

income if the other permitted types of 

documentation are unobtainable when 

conducting the initial or subsequent rent or 

occupancy charge calculations is in effect 

until March 31, 2021. During this time, 24 

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

necessary to allow recipients or subrecipients 

to document annual income with the written 

certification by the program participant of the 

amount of income that the program 

participant is reasonably expected to receive 

over the 3-month period following the 

evaluation, even if source documents and 

third-party verification, are obtainable. 

Nature of Requirement: 24 CFR 

578.103(a)(7) requires the recipient or 

subrecipient to keep records of the program 

participant’s income and the back-up 

documentation they relied on to determine 

income. The regulation establishes an order 

of preference for the type of documentation 

that recipients can rely upon. Only if source 

documents and third-party verification are 

unobtainable is a written certification from 

the program participant acceptable 

documentation of income. HUD is waiving 

‘‘To the extent that source documents and 

third-party verification are unobtainable’’ in 

578.103(a)(7)(iv). 

Granted By: John Gibbs, Acting Assistant 

Secretary for Community Planning and 

Development. 

Date Granted: December 29, 2020. 

Reason Waived: On September 30, 2020, 

HUD waived the requirement to attempt to 

document that third-party verification of 

income was unobtainable in order for 

recipients and subrecipients to a program 

participant’s own self-certification of income 

until December 31, 2020 because that 

documentation may be difficult to obtain as 

a result of COVID–19 pandemic and housing 

program participants quickly was important 

to prevent the spread of COVID–19. It 

continues to be important to move people 

into their own housing quickly to enable 

social distancing and prevent the spread of 

COVID–19; therefore, waiving the 

requirement that source documents and 

third-party documentation be unobtainable 

in order for recipients or subrecipients to rely 

on a program participant’s own certification 

of their income. 

Contact: Norm Suchar, Director, Office of 

Special Needs Assistance Programs, Office of 

Community Planning and Development, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

7262, Washington, DC 20410, telephone 

number (202) 708–4300. 

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). 

Project/Activity: New Hope Properties, 

Hopkinsville, Kentucky, Project No. 083– 

35769. 

Nature of Requirement: 24 CFR 200.73(c) 

requiring that ‘‘not less than five rental 

dwelling units [of an FHA insured 

multifamily housing project] shall be on one 

site’’. Section 3.1.CC of the 2016 MAP Guide 

permits a project with two or more noncontiguous parcels of land when the parcels 

comprise one marketable, manageable real 

estate entity. AGM Financial Services, Inc. 

applied for mortgage insurance under the 

Section 221(d)(4) substantial rehabilitation 

program. The proposed insured loan is 

estimated at $26,000,000. The project will 

also be financed with $20,760,447 of equity 

from the sale of 4% Low Income Housing Tax 

Credits (LIHTC), a $2,700,000 loan from the 

Kentucky Housing Trust Fund, and a 

$500,000 Affordable Housing Program loan. 

The Hendersonville Housing Authority 

(HHA) plans to convert their public housing 

inventory to project-based Section 8 rental 

housing through the Rental Assistance 

Demonstration (RAD) program. New Hope 

Properties consists of 454 affordable housing 

units in nine (9) developments with the nine 

referenced developments being located on 

more than 24 parcels of land. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: November 25, 2020. 

Reason Waived: The waiver will meet 

HUD’s goal of preserving and maintaining 

affordable rental housing for low-income 

families. The project is a low risk to the 

Department due to its continuing availability 

of project Section 8 rental housing through 

the Rental Assistance Demonstration Program 

(RAD) assistance for most units. 

Contact: Patricia M. Burke, Director, Office 

of Multifamily Production, HTD, Office of 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

6132, Washington, DC 20410, telephone (202) 

402–5693. 

• Regulation: 24 CFR 200.73(c). 

Project/Activity: Friends/VVA Apartments, 

Columbus, Ohio, Project No. 043–11259. 

Nature of Requirement: 24 CFR 200.73(c) 

requiring that ‘‘not less than five rental 

dwelling units [of an FHA insured 

multifamily housing project] shall be on one 

site.’’ Section 3.1.CC of the 2016 MAP Guide 

permits a project with two or more noncontiguous parcels of land when the parcels 

comprise one marketable, manageable real 

estate entity. Orix Real Estate Capital, LLC 

(OREC) applied for mortgage insurance under 

the Section 223(f) program for Friends/VVA 

Apartments. Friends/VVA is a 16-unit 

complex owned by the nonprofit developer 

Columbus Housing Partnership, Inc. and is in 

Columbus, Ohio. It is comprised of two sites. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: October 28, 2020. 

Reason Waived: The waiver will meet 

HUD’s goal of preserving and maintaining 

affordable rental housing for low-income 

families. Eligible tenants are very low-income 

elderly or disabled. The project is a low risk 

to the Department due to its continuing 

availability of project Section 8 rental 

housing assistance for all units. 

Contact: Patricia M. Burke, Director, Office 

of Multifamily Production, HTD, Office of 

Housing, Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

6132, Washington, DC 20410, telephone (202) 

402–5693. 

• Regulation: 24 CFR 203.602. 

Project/Activity: Delinquency Notices to 

Mortgagors. 

Nature of Requirement: This is a temporary 

waiver of the requirements in 24 CFR 

203.602 for borrowers provided a COVID–19 


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Forbearance. This temporarily waives the 

requirement that a mortgagee shall give 

notice to any mortgagor in default no later 

than the end of the second month of any 

delinquency in payments under the mortgage 

during the period of the COVID–19 

Forbearance. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: December 21, 2020. 

Reason Waived: This waiver has been 

issued to address potential confusion and 

uncertainty surrounding mortgage servicing 

policy changes enacted due to the 

Coronavirus Disease 2019 (COVID–19) 

pandemic. 

Applicability: This waiver is applicable to 

mortgages where the Borrower is on an FHA 

COVID–19 Forbearance. 

Contact: Elissa Saunders, Acting Director, 

Office of Single Family Asset Management, 

Office of Housing, Department of Housing 

and Urban Development, 451 Seventh Street 

SW, Room 9172, Washington, DC 20410, 

telephone (202) 402–2378. 

• Regulation: 24 CFR 206.55(d)(1). 

Project/Activity: The requirement that an 

Eligible Non-Borrowing Spouse for a Home 

Equity Conversion Mortgage (HECM) must, 

within 90 days from the death of the last 

surviving borrower, establish legal ownership 

or other ongoing legal right to remain for life 

in the property securing the HECM. 

Nature of Requirement: This is a partial 

waiver of the requirement in 24 CFR 

206.55(d)(1) that an Eligible Non-Borrowing 

Spouse must, within 90 days from the death 

of the last surviving borrower, establish legal 

ownership or other ongoing legal right to 

remain for life in the property securing the 

HECM. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: October 1, 2020. 

Reason Waived: This partial waiver has 

been issued due to public health concerns 

around the spread of Coronavirus Disease 

2019 (COVID–19), the declaration of a 

National Emergency and the resulting 

closures of courthouses and government 

offices necessary to meet the requirement of 

24 CFR 206.55(d)(1). 

Applicability: The partial waiver does not 

apply to any provisions of 24 CFR 206.55 

other than 24 CFR 206.55(d)(1). The partial 

waiver is limited to a 12-month period from 

the date of issuance. 

• Regulation: 24 CFR 219.220(b). 

Project/Activity: Superbia Retirement 

Village, FHA Project Number 117–SH006T, 

Oklahoma City, OK. The Foundation for 

Senior Citizens, Incorporated (Owner) seeks 

approval to defer repayment of the Flexible 

Subsidy Operating Assistance Loan on the 

subject project. 

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 the 

expiration of the term of the mortgage, 

termination of mortgage insurance, 

prepayment of the mortgage, or a sale of the 

project.’’ 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: November 19, 2020. 

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 

35 years through the execution and 

recordation of a Rental Use Agreement. 

Contact: Crystal Martinez, Senior Account 

Executive, Office of Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 6174, Washington, 

DC 20410, telephone (202) 402–3718. 

• Regulation: 24 CFR 266.410(e). 

Project/Activity: Housing Opportunities 

Commission of Montgomery County (HOC) 

no project name or number listed. 

Nature of Requirement: The 24 CFR 

266.410(e), which requires mortgages insured 

under the 542(c) Housing Finance Agency 

Risk Sharing Program to be fully amortized 

over the term of the mortgage. The waiver 

would permit HOC to use balloon loans that 

would have a minimum term of 17 years and 

a maximum amortization period of 40 years 

for the projects identified in the ‘‘Multifamily 

Pipeline Projects’’. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: November 19, 2020. 

Reason Waived: The waiver was granted to 

allow Housing Opportunities Commission of 

Montgomery County’s (HOC) clients 

additional financing options to their 

customers and to align HOC business 

practices with industry standards, thus 

furthering the creation of a preservation of 

affordable housing throughout Maryland. 

The regulatory waiver is subject to the 

following conditions: 

1. The waiver is limited to ten (10) 

transactions and expires on December 31, 

2025. 

2. Housing Opportunities Commission of 

Montgomery County must elect to take 50 

percent or more of the risk of loss on all 

transactions. 

3. Mortgages made under this waiver may 

have amortization periods of up to 40 years, 

but with a minimum term of 17 years. 

4. All other requirements of 24 CFR 

266.410—Mortgage Provision remain 

applicable. The waiver is applicable only to 

loans made under Housing Opportunities 

Commission of Montgomery County’s Risk 

Sharing Agreement. 

5. In accordance with 24 CFR 266.200(d), 

the mortgage may not exceed an amount 

supportable by the lower of the Section 8 or 

comparable unassisted rents. 

6. Projects must comply with Davis-Bacon 

labor standards in accordance with 24 CFR 

266.225. 

7. Housing Opportunities Commission of 

Montgomery County must comply with 

regulations stated in 24 CFR 266.210 for 

insured advances or insurance upon 

completion transactions. 

8. The loans exceeding $50 million require 

a separate waiver request. 

9. Occupancy is no less than 93 percent for 

previous 12 months of the HFA loan to be 

refinanced. 

10. No defaults in the last 12 months of the 

HFA loan to be refinanced. 

11. A 20-year affordable housing deed 

restriction placed on title that conforms to 

the Section 542(c) statutory definition. 

12. A Property Capital Needs Assessment 

(PCNA) must be performed, and funds 

escrowed for all necessary repairs, and 

reserves funded for future capital needs; and 

13. For projects subsidized by Section 8 

Housing Assistance Payment (HAP) 

contracts: 

i. a: Owner agrees to renew HAP contract(s) 

for 20-year term, (subject to appropriations 

and statutory authorization, etc.), and b: In 

accordance with regulations in 24 CFR 

883.306(e), and Housing Notice 2012–14— 

Use of ‘‘New Regulation’’ Section 8 Housing 

Assistance Payments (HAP) Contracts 

Residual Receipts of Offset Project-Based 

Section 8 Housing Assistance Payments, if at 

any time Housing Opportunities Commission 

of Montgomery County determines that a 

project’s excess funds (surplus cash) after 

project operations, reserve requirements and 

permitted distributions are met, Housing 

Opportunities Commission of Montgomery 

County must place the excess funds into a 

separate interest-bearing account. Upon 

renewal of a HAP Contract the excess funds 

can be used to reduce future HAP payments 

or other project operations/purposes. When 

the HAP Contract expires, is terminated, or 

any extensions are terminated, any unused 

funds remaining in the Residual Receipt 

Account at the time of the contract’s 

termination must be returned. 

• Regulation: 24 CFR 266.410(e). 

Project/Activity: Illinois Housing 

Development Authority (IHDA) no project 

name or number listed. 

Nature of Requirement: The 24 CFR 

266.410(e), which requires mortgages insured 

under the 542(c) Housing Finance Agency 

Risk Sharing Program to be fully amortized 

over the term of the mortgage. The waiver 

would permit IHDA to use balloon loans that 

would have a minimum term of 17 years and 

a maximum amortization period of 40 years 

for the projects identified in the ‘‘Multifamily 

Pipeline Projects’’. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing 

Commissioner. 

Date Granted: October 21, 2020. 

Reason Waived: The waiver was granted to 

allow Illinois Housing Development 

Authority’s (IHDA) clients additional 

financing options to their customers and to 

align IHDA business practices with industry 

standards, thus furthering the creation of a 

preservation of affordable housing 

throughout Illinois. 

The regulatory waiver is subject to the 

following conditions: 

1. The waiver is limited to thirty (30) 

transactions and expires on October 31, 2025. 

2. Illinois Housing Development Authority 

must elect to take 50 percent or more of the 

risk of loss on all transactions. 

3. Mortgages made under this waiver may 

have amortization periods of up to 40 years, 

but with a minimum term of 17 years. 


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4. All other requirements of 24 CFR 

266.410—Mortgage Provision remain 

applicable. The waiver is applicable only to 

loans made under Illinois Housing 

Development Authority’s Risk Sharing 

Agreement. 

5. In accordance with 24 CFR 266.200(d), 

the mortgage may not exceed an amount 

supportable by the lower of the Section 8 or 

comparable unassisted rents. 

6. Projects must comply with Davis-Bacon 

labor standards in accordance with 24 CFR 

266.225. 

7. Illinois Housing Development Authority 

must comply with regulations stated in 24 

CFR 266.210 for insured advances or 

insurance upon completion transactions. 

8. The loans exceeding $50 million require 

a separate waiver request. 

9. Occupancy is no less than 93 percent for 

previous 12 months of the HFA loan to be 

refinanced. 

10. No defaults in the last 12 months of the 

HA loan to be refinanced. 

11. A 20-year affordable housing deed 

restriction placed on title that conforms to 

the Section 542(c) statutory definition. 

12. A Property Capital Needs Assessment 

(PCNA) must be performed, and funds 

escrowed for all necessary repairs, and 

reserves funded for future capital needs; and 

13. For projects subsidized by Section 8 

Housing Assistance Payment (HAP) 

contracts: 

1. a: Owner agrees to renew HAP 

contract(s) for 20-year term, (subject to 

appropriations and statutory authorization, 

etc.), and b: In accordance with regulations 

in 24 CFR 883.306(e), and Housing Notice 

2012–14—Use of ‘‘New Regulation’’ Section 

8 Housing Assistance Payments (HAP) 

Contracts Residual Receipts of Offset ProjectBased Section 8 Housing Assistance 

Payments, if at any time Illinois Housing 

Development Authority determines that a 

project’s excess funds (surplus cash) after 

project operations, reserve requirements and 

permitted distributions are met, Illinois 

Housing Development Authority must place 

the excess funds into a separate interestbearing account. Upon renewal of a HAP 

Contract the excess funds can be used to 

reduce future HAP payments or other project 

operations/purposes. When the HAP Contract 

expires, is terminated, or any extensions are 

terminated, any unused funds remaining in 

the Residual Receipt Account at the time of 

the contract’s termination must be returned. 

• Regulation: 24 CFR 3282.14(b). 

Project/Activity: Manufactured Housing 

Production, Nationwide. 

Nature of Requirement: The Office of 

Manufactured Housing Programs (OMHP) 

received several individual requests through 

the Alternative Construction (AC) process 

outlined in the Code of Federal Regulations 

(CFR) at 24 CFR 3282.14. This regulation 

requires each manufacturer to submit a 

request for Alternative Construction 

consideration. Rather, OMHP provided an 

Alternative Construction approval that may 

be used by any manufacturer experiencing 

supply chain issues for 25 ampere circuit 

breakers with code compliant water heater 

appliances. 

Granted By: Dana T. Wade, Assistant 

Secretary for Housing—Federal Housing. 

Date Granted: December 18, 2020. 

Reason Waived: In order 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, a regulatory waiver 

of 24 CFR 3282.14(b), Request for Alternative 

Construction, provides resolution for all 

affected manufacturers. This temporary 

regulatory waiver of 24 CFR 3282.14(b) 

allows OMHP to issue the industry-wide AC 

Letter that allows 25 ampere circuit breakers 

with code compliant water heater appliances 

to be used for the construction of HUD Codecompliant manufactured homes through June 

30, 2021. 

Contact: Jason McJury, Deputy 

Administrator, Office of Manufactured 

Housing Programs, Office of Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW, Room 

9170, Washington, DC 20410, telephone (202) 

402–2480. 

III. Regulatory Waivers Granted by the 

Office of Public and Indian Housing 

For further information about the following 

regulatory waivers, please see the name of 

the contact person that immediately follows 

the description of the waiver granted. 

• Regulation: 24 CFR 982.517; 24 CFR 

983.301(f)(2)(ii). 

Project/Activity: Housing Authority of the 

City of San Buenaventura (HACSB) requested 

a project-specific utility allowance for a 

Project Based Voucher (PBV) project. 

Nature of Requirement: For the Housing 

Choice Voucher (HCV) program, 24 CFR 

982.517 requires that a PHA maintain a 

utility allowance schedule for all tenant-paid 

utilities, and the utility allowance schedule 

must be determine based on the typical cost 

of utilities and services paid by energyconserving households that occupy units of 

similar size and type in the same locality. For 

the PBV program, 24 CFR 983.301(f)(2)(ii) 

requires that PHAs may not establish or 

apply different utility allowance amounts for 

the PBV program, and that the same PHA 

utility allowance schedule applies to both the 

tenant-based and PBV programs. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: November 18, 2020. 

Reason Waived: The PHA requested a 

waiver to establish a site-specific utility 

allowance for a PBV project and provided 

justification for the request. The PHA 

submitted an analysis of utility rates for the 

community and consumption data of project 

residents. Due to the energy efficient 

upgrades at the project, the community 

consumption estimates are significantly 

higher than the consumption expected at the 

site. The PHA demonstrated good cause that 

the utility allowance provided under the 

HCV program would discourage conservation 

and ultimately lead to inefficient use of HAP 

funds at the PBV project. Thus, pursuant to 

the waiver authority provided at 24 CFR 

5.110, HUD determined that there was good 

cause to waive 24 CFR 983.301(f)(2)(ii) and 

24 CFR 982.5 17. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary for Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 4204, Washington, 

DC 20410, telephone (202) 402–5264. 

• Regulation: 24 CFR 983.3. 

Project/Activity: The New York City 

Housing Authority (NYCHA) is undertaking 

a large-scale preservation of 1,718 units 

across sixteen (16) project sites in Manhattan, 

commonly known as the Permanent 

Affordability Commitment Together (PACT) 

Manhattan Bundle (the ‘‘Redevelopment’’). 

For the purposes of determining the number 

of Housing Assistance Payments (HAP) 

contracts required to be used for the 

Redevelopment, NYCHA requested the use of 

an alternative definition of ‘‘project’’ in order 

to be operationally efficient, reduce 

administrative burden, and overcome 

potential confusion for property 

management. 

Nature of Requirement: ‘‘Project’’ is 

defined in PBV regulations at 24 CFR 983.3 

as a single building, multiple contiguous 

buildings, or multiple buildings on 

contiguous parcels of land. Contiguous in the 

definition of project includes ‘‘adjacent to,’’ 

and touching along a boundary or a point. 

PHAs may define a PBV project in their 

administrative plan within the bounds of the 

regulatory definition. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary, Public and Indian Housing. 

Date Granted: November 23, 2020. 

Reason Waived: NYCHA proposed an 

alternative definition of ‘‘project’’ that would 

group any buildings within a radius of 

approximately eight blocks for the purpose of 

placing them under individual HAP 

Contracts. Due to the nature of NYCHA’s 

public housing developments, which often 

include multiple buildings over several 

blocks, the subject regulations would require 

NYCHA to enter into multiple HAP Contracts 

for each public housing project and/or 

building undergoing conversion. For the 

Redevelopment, without the regulatory 

waiver, NYCHA would be required to 

execute 25 HAP Contracts (RAD and nonRAD PBV combined), despite several of the 

buildings being closely clustered and 

currently administered as a single project 

under the public housing program. Through 

the waiver, NYCHA would reduce the 

number of overall HAP contracts for the 

Redevelopment from twenty-five to thirteen 

RAD and non-RAD PBV HAP Contracts. In 

addition, due to the magnitude of the 

NYCHA Section 8 program, the proposed 

grouping would save an estimated 11,000 

hours of staff time and cost during 

construction, 540 hours on monthly 

administration, and 720 hours on additional 

annual administration. Therefore, HUD 

determined good cause to waive 24 CFR 

983.3 so that NYCHA may use the proposed 

definition of project for the PACT Manhattan 

Bundle that includes the 16 sites and 1,718 

units identified in the waiver request. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary, Office of Public Housing 

and Voucher Programs, Office of Public and 

Indian Housing, Room 4204, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 4204, Washington, 

DC 20410, telephone (202) 402–5264. 


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• Regulation: 24 CFR 983.51(b)(1). 

Project/Activity: Ark-Tex Council of 

Governments (ATCOG), a partner voucher 

agency, requested a waiver to award PBVs to 

a Public Housing project that repositioned 

through a Section 22 Streamlined Voluntary 

Conversion (SVC) action approved by HUD 

on June 24, 2020. 

Nature of Requirement: 24 CFR 

983.51(b)(1) requires a Public Housing 

Agency (PHA) to award Project-Based 

Vouchers (PBVs) via a competitive selection. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary, Public and Indian Housing. 

Date Granted: November 18, 2020. 

Reason Waived: The Mount Pleasant 

Housing Authority (MPHA) is the Public 

Housing-only agency that received the SVC 

approval for the 145 units, which comprise 

MPHA’s entire Public Housing portfolio. 

Under the SVC approval, MPHA is required 

to ensure that the 145 units at the property 

are developed and operated as affordable 

housing for low-income families with 

incomes at or below 80 percent of area 

median income for not less than 30 years. To 

accomplish this, MPHA proposed to place 

the property under a PBV Housing Assistance 

Payments (HAP) contract. However, since 

ATCOG does not have an ownership interest 

in the project, the Housing Opportunity 

Through Modernization Act requirements for 

non-competitive selection, as detailed in PIH 

2017–21, Attachment L, are not met. ATCOG 

serves nine northeast Texas counties and one 

southwest Arkansas county, covering over 

6,400 square miles. Based on this, ATCOG 

expected that there is a strong likelihood that 

the PBVs could be awarded to a project other 

than MPHA’s converted project. Thus, HUD 

determined good cause to waive 24 CFR 

983.51(b)(1) so that ATCOG may select 

MPHA’s Section 22 SVC-approved project for 

an award of PBVs without following a 

competitive process. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary for Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 4204, Washington, 

DC 20410, telephone (202) 402–5264. 

• Regulation: 24 CFR 983.152(c). 

Project/Activity: Massachusetts Department 

of Housing and Community Development 

(MDHCD) requested to allow environmental 

remediation activities required by the 

Massachusetts Department of Environmental 

Protection (MDEP) commence at a project 

prior to an Agreement to Enter into a Housing 

Assistance Payment (AHAP) contract. 

Nature of Requirement: 24 CFR 983.152(c) 

requires that a public housing agency (PHA) 

may not enter into an AHAP contract if 

construction or rehabilitation has 

commenced after proposal submission. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary, Public and Indian Housing. 

Date Granted: November 18, 2020. 

Reason Waived: The Haywood Homes 

project consists of construction of 55 new 

housing units for Section 18 disposition. As 

part of the disposition review process and 

planning activities for the project, Newton 

Housing Authority (NHA) discovered that the 

property contains a concentration of mercury 

that exceeds the reporting threshold under 

the Massachusetts Contingency Plan and the 

project was subject to required reporting and 

remediation. The scope of the environmental 

remediation and related work is specified in 

an engineering report dated May 20, 2020. 

NHA has been unable to enter into an AHAP 

with the project owner because various key 

proposed financing awards and commitments 

are still ongoing for the subsidy layering 

review (SLR). Project-based voucher (PBV) 

program regulations require the completion 

of an SLR prior to AHAP execution (24 CFR 

983.55(b)). Therefore, HUD determined good 

cause to waive 24 CFR 983.152(c) so that the 

work identified in the May 20, 2020 

engineering report may be performed, prior 

to entering into an AHAP for the Haywood 

Homes project. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary for Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Room 4204, Washington, 

DC 20410, telephone (202) 402–5264. 

• Regulation: 24 CFR 983.152(c). 

Project/Activity: Cuyahoga Metropolitan 

Housing Authority requested to allow their 

development partners to commence certain 

remediation activities prior to an Agreement 

to Enter into a Housing Assistance Payment 

(AHAP) contract. 

Nature of Requirement: 24 CFR 983.152(c) 

requires that a public housing agency (PHA) 

may not enter into an AHAP contract if 

construction or rehabilitation has 

commenced after proposal submission. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary, Public and Indian Housing. 

Date Granted: November 9, 2020. 

Reason Waived: On January 9, 2020, the 

CMHA’s Board of Commissioners authorized 

the award of 60 PBVs for the redevelopment 

of a project, known as the Blanket Mills 

project. On March 29, 2020, a severe storm 

partially collapsed an adjoining building that 

now needs to be demolished (Piano 

building), and according to an engineering 

report dated April 2, 2020, the main building 

(Blanket Mills building) needs to be 

preserved/restored and made weather tight 

until anticipated restoration work can begin. 

CMHA has been unable to enter into an 

AHAP with the project owner because 

various key proposed financing awards and 

commitments are still ongoing for the 

subsidy layering review (SLR). Project-based 

voucher (PBV) program regulations require 

the completion of an SLR prior to AHAP 

execution (24 CFR 983.55(b)). Therefore, 

HUD determined good cause to waive 24 CFR 

983.152(c) so that the work identified in the 

April 2, 2020 engineering report may be 

performed, prior to CMHA entering into an 

AHAP for the rehabilitation of the Blanket 

Mills main building. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary for Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street SW, Room 4204, Washington, DC 

20410, telephone (202) 402–5264. 

HUD’s Summary of CARES Act Notices 

Providing Waivers: 10/1/20 to 12/31/20 

Authority: Coronavirus Aid, Relief, and 

Economic Security Act (CARES Act) and 

regulatory waiver authority is also provided 

by 24 CFR 5.110 and 91.600. 

CARES Act Waiver: PIH Notice 2020–13, 

HCV–4; 24 CFR 982.305(c). 

Description: The Southern Nevada 

Regional Housing Authority (SNRHA) 

requested a waiver for five cases in which the 

HAP Contract was executed more than 120 

days after the lease start date (the regulatory 

requirement is 60 days and the alternative 

requirement in the CARES Act Waiver Notice 

is 120 days). The delay was due to staffing 

issues and unforeseen circumstances related 

to COVID–19. 

Authority: 24 CFR 982.305(c)(4) states that 

any Housing Assistance Payment (HAP) 

Contract executed more than 60 days after 

the lease term begins will be void and the 

public housing agency (PHA) may not pay 

any HAP to the owner. PIH Notice 2020–13: 

COVID–19 Statutory and Regulatory Waivers 

and Alternative Requirements for the Public 

Housing, Housing Choice Voucher, Indian 

Housing Block Grant and Indian Community 

Development Block Grant programs, 

Suspension of Public Housing Assessment 

System and Section Eight Management 

Assessment Program, Revision 1, provided an 

alternative requirement for 24 CFR 

982.305(c), provides an alternative 

requirement that HAP Contracts must be 

executed within 120 days, instead of 60 days, 

to provide additional time due to the impact 

of the coronavirus on PHA operations. 

Granted By: R. Hunter Kurtz, Assistant 

Secretary, Public and Indian Housing. 

Date Granted: November 18, 2020. 

Purpose/Reason Waived: SNRHA 

requested a waiver for five cases in which the 

HAP Contract was executed more than 120 

days after the lease start date due to staffing 

issues and unforeseen circumstances related 

to COVID–19. In the waiver request, SNRHA 

provided specific details regarding the 

circumstances of the delay in executing the 

HAP Contract for each case. SNRHA also 

provided details regarding their operations 

during COVID–19, stating that the agency is 

operating at a 68 percent staffing rate and 15 

employees were absent due to COVID–19 

exposure or diagnosis. The information 

SNRHA submitted to the Department 

provided justification for the request. HUD 

determined that there was good cause to 

waive 24 CFR 982.305(c)(4) for the five cases 

listed in the PHA’s waiver request based on 

the specific data provided on the agency’s 

staffing challenges related to COVID–19. This 

waiver applied only to the five cases listed 

in the request and did not extend to future 

cases. 

Contact: Danielle Bastarache, Deputy 

Assistant Secretary, Office of Public Housing 

and Voucher Programs, Room 4204, 

Department of Housing and Urban 

Development. 

[FR Doc. 2021–11616 Filed 6–2–21; 8:45 am] 

BILLING CODE 4210–67–P 


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