Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 20 - DIVISION OF COMMUNITY SERVICES › Chapter 1 - Bipartisan Infrastructure Law (BIL) Weatherization Assistance Program › Rule 18-20-1-1 - Weatherization Assistance Program (WAP) State Plan › Section 18-20-1-1-V - MASTER FILE › Section 18-20-1-1-V.1 - Eligibility › Section 18-20-1-1-V.1.2 - DOE WX BIL WAP Approach to Determining Building Eligibility

Current through June 25, 2024
In accordance with WPN 22-12, In order to meet the
						  purpose of DOE WX BIL, MS DOE WX BIL WAP will ensure weatherization services
						  are being provided to low-income persons that live in
all
types of housing (i.e. single-family, manufactured housing units, and
						  multifamily buildings).
MS DOE WX BIL WAP and Subgrantees shall ensure that
						  weatherization take place with a whole dwelling as a system approach (
						  10 CFR
						  440.22(b) ). A single unit
						  within a multi- unit dwelling is not categorically excluded, but due to the
						  rare instances when this is allowable, MS DOE WX BIL WAP shall seek prior
						  approval from the Project Officer (PO).
MS DOE WX BIL WAP requires that dwelling eligibility is
						  established before any weatherization commence. Dwelling eligibility is
						  confirmed prior to the start of an energy audit. Proof of ownership must be
						  established regardless of who is living in the dwelling (required for both
						  owner-occupied, and rental units).
Lifetime estates are to be
						  treated as owner occupied dwellings. The following documents are acceptable as
						  proof of ownership and eligibility:
RESIDENCE
						  VERFICATION
1.
						Lease Agreement
2. Copy of
						Deed;
3. Statement from the Office
						of the Tax Assessor or Chancery Clerk.
4. Copy of Mortgage or Mortgage Payment
						Book;
5. Property Tax Receipts
						(must show address of property to be weatherized)
Re-Weatherization: MS DOE WX BIL WAP
:
Shall adhere to the following:
In accordance with the Consolidated Appropriation Act
						  of 2021, amended 42 USC
						  6865(c) (2) to read as
						  follows:
Dwelling units weatherized (including dwelling units
						  partially weatherized) under this part, or under other Federal programs (in
						  this paragraph referred to as 'previous weatherization'), may not receive
						  further financial assistance for weatherization under this part until the date
						  that is 15 years after the date such previous weatherization was completed.
						  This paragraph does not preclude dwelling units that have received previous
						  weatherization from receiving assistance and services (including the provision
						  of information and education to assist with energy management and evaluation of
						  the effectiveness of installed weatherization materials) other than
						  weatherization under this part or under other Federal programs, or from
						  receiving non-Federal assistance for weatherization.
This provision gives Subgrantees the flexibility to
						  revisit those homes weatherized 15 years that may not have received the full
						  complement of Weatherization services, including the use of an advanced energy
						  audit or addressing health and safety concerns.
All homes previously weatherized regardless of
other Federal programs,
all Federal funds including LIHEAP,
						  HUD, or USDA weatherization activities will be documented via Virtual ROMA 2.0
						  and Excel Reporting Spread sheets:
* Subgrantee must ensure that homes seeking
						  re-weatherization must meet the criteria stated above.
*
Subgrantees must ensure that any
						  re-weatherization project will receive a current energy audit prior to
						  re-weatherization.
* Subgrantees must reference applicant's names, social
						  security number, and address utilizing Virtual ROMA and excel reporting spread
						  sheets.
* Subgrantee must perform a QCI final inspection and
						  provide the case worker and partnering agency with the final status, which must
						  be documented in the client Virtual ROMA file reflecting that the dwelling (s)
						  were weatherized.
* If upon pre-inspection of a dwelling it is determined
						  that the home was previously weatherized, subgrantee must document the address
						  of dwelling referencing Virtual ROMA and the Excel data spread sheet.
* WX subgrantee must complete and submit to DCS the WX
						  monthly reports, which includes the client list (names, address, phone etc.)
						  via excel spread sheet. This is checked monthly by the state weatherization
						  staff for compliance.
NOTE: The term "Reweatherization" applies
						  only to those units which fall into the timeframe indicated above and described
						  under 10 CFR §
																440.18(e)(2)(iii).
Historic
						  Preservation
MS DOE WX BIL WAP has a programmatic agreement between
						  the Department of Energy, Mississippi Development Authority, and Mississippi
						  Department of Archive & History regarding EECBG, SEP, and WAP Undertaking.
						  The PA is in affect from December 31, 2021 - December 31, 2030. (See
						  Attachment)
MS DOE BIL WAP: will address the
						  following structures:
* Single-Family - owned or rental
* Manufactured housing -own or rental
* Multi-family housing - own or rental
*
Non-traditional dwelling units such as
						  shelters apartments over business etc. MS DOE WX BIL WAP will consult with the
						  Project Officer to ensure that program regulations are met, and whether the
						  unit is, in fact, eligible.
* Non-stationary campers and trailers that do not have
						  a mailing address associated with the eligible applicants is not allowed. The
						  use of a post office box for a non-stationary campers or trailers does not meet
						  this requirement.
Disaster Planning and Relief (WPN
						  12-7):
MS DOE WX BIL WAP understands that weatherization has a
						  very limited role in any disaster response plan. Therefore, the State ensures
						  that WPN12-7 will be adhered to when addressing disasters.
Rental Procedures (WPN
						  22-13)
The MS DOE WX BIL WAP will utilize a rental agreement
						  which follows and addresses the requirements of
						  10CFR
						  440.22(b)(3),
						  10 CFR 440.22, and Section V.1.2.
						  The restriction regarding the time when an owner can increase the cost of the
						  unit is two (2) years.
Before the weatherization of any dwelling is allowable,
						  proof of ownership must be established regardless of who is living in the
						  dwelling (required for both owner-occupied and rental units). Lifetime estates
						  are to be treated as owner occupied dwellings. The following documents are
						  acceptable as proof of ownership:
1)
						Copy of Deed;
2) Copy of Mortgage
						or Mortgage Payment Book;
3)
						Property Tax Receipts (must show address of property to be weatherized);
						or
4) Statement from the Office of
						the Tax Assessor, Chancery Clerk, or Record of Deeds.
5) Lease Agreement
If a dwelling is to be weatherized for a client who is
						  not the owner of the dwelling, an
agreement must be entered into between the landlord and
						  the subgrantee agency. The agreement must be signed before work can begin on
						  the weatherization project.
Landlord participation is
						  encouraged but not mandatory
. Participation maybe
						  provided through donated materials, monetary assistance or a combination of the
						  two. A condition of the agreement includes the agreement not to raise the
						  tenant's rent for two (2) years (some exceptions apply) beginning on the date
						  of the weatherization projection completion (that is the approved post
						  inspection date). Additionally, the owner cannot evict the tenant without cause
						  during that period. Should the owner chose to violate the agreement, he or she
						  may be billed for the pro-rated share of cost of the weatherization
						  project.
The allowable exceptions to the prohibition of the two
						  (2) year rent increase include increases due to higher property taxes,
						  insurance premiums, necessary replacement (or extensive repairs) to appliances,
						  plumbing, or wiring. These allowable costs must be spread over the period of
						  one (1) year.
The owner agrees that the dwelling is not presently
						  being offered for sale and agrees to give the subgrantee agency thirty (30)
						  days' notice of the sale should the property be offered for sale prior to the
						  expiration of the rental agreement. At least ten (10) days prior to the sale,
						  the owner agrees to obtain a notarized statement of the purchaser's consent to
						  assume the rental agreement obligation. If this consent is not obtained, the
						  owner agrees to pay the full cost of the weatherization project based on the
						  pro-rated number of months remaining in the rental agreement. Should the
						  property be transferred via a will or heirship, the same obligations
would be placed on the new owners.
Additionally, the owner agrees that the terms and
						  obligations of the rental agreement shall supersede any inconsistent provision
						  of any oral or written lease or other agreement affecting the rent collected
						  for the eligible dwelling unit.
Multi-Family Dwellings Per WPN
						  22-12
: In order to meet the purpose of the DOE WX BIL WAP,
						  MS DOE WX BIL WAP will ensure weatherization services are being provided to low
						  income persons that live in all types of housing (i.e. single family,
						  manufactured housing units, and multi-family buildings). MS DOE WX BIL WAP
						  understands that, certain buildings containing rental units may comply with the
						  income eligibility requirements when 50 percent of those dwelling units are
						  eligible dwelling units rather than the established 66 percent identified in
						  the regulation. 10 CFR§
															440.22(b) (2). The buildings
						  that are subject to the 50 percent threshold are duplexes, four-unit buildings,
						  and certain eligible types of large multifamily buildings. MS DOE WX BIL WAP
						  will follow 65 Fed. Reg. 77210, Dec. 8, 2000, when determining what types of
						  large multifamily buildings may be subject to the 50 percent threshold.
It is noted that in qualifying a multi-family building
						  for weatherization, MS DOE WX BIL WAP understands that
						  10 CFR
						  440.22(b)(2) requires that a
						  building containing rental d welling units is eligible for DOE BIL WAP funds
						  where "Not less than 66 percent (50 percent for duplexes and four unit
						  buildings, and certain eligible types of large multifamily buildings) of the
						  dwelling units in the building:
(i)
						Are eligible dwelling units, or
(ii) Will become eligible dwelling units
						within 180 days under a Federal, State, or local government program for
						rehabilitating the building or making similar improvements to the building
MS DOE WX BIL WAP understands that "certain eligible
						  types of large multifamily buildings" are those buildings for which an
						  investment of DOE funds would result in a significant energy-efficiency
						  improvement because of the upgrades to equipment, energy systems, common space,
						  or the building shell. MS DOE WX BIL WAP do not have a DOE-approved audit and
						  procedures for multifamily buildings, therefore, the following actions will be
						  taken:
MS DOE WX BIL WAP will follow Weatherization Program
						  Notice 22-12 when addressing requirements for determining eligibility of
						  certain multi-family buildings and will seek guidance from the Project Officer
						  when addressing the above stated criteria.
DEFERRAL STANDARDS
MS DOE WX BIL WAP understands that the decision to
						  walk-away from a dwelling without providing weatherization services is
						  difficult but necessary in some cases. Many problems encountered in low-income
						  housing are beyond the scope of the DOE BIL Weatherization Assistance Program.
						  Deferrals does not mean that assistance will never be available, but that any
						  work deemed beyond the scope of the DOE BILWAP must be postponed until the
						  problems can be resolved, and alternative sources of help be found, as
						  necessary. Subgrantees Coordinator(s) must follow the deferral guidelines
						  included in the Health and Safety Plan. Subgrantees must complete and have on
						  file, the Walk Away/Deferral form when determining deferrals.
(See Attachments)
Walk-away/Deferral conditions may include but not
						  limited to the following:
* Building structure, mechanical systems, electrical
						  and plumbing, are in disrepair and the conditions cannot be resolved in a
						  cost-effective Manner;
* Sewage or other sanitary problems;
* The house been condemned or electrical, heating,
						  plumbing, or other equipment been "red tagged" by local or state building
						  official or utilities;
* Mold and/or Moisture problems so severe that they
						  cannot be resolved under existing health and safety measures;
* High carbon monoxide levels in combustible
						  appliances, and cannot be resolved under existing health and safety
						  measures;
* Uncooperative client, abusive, or threatening the
						  crew, subcontractors, monitors, inspectors, or others who must work on or visit
						  the house;
* Lead-based paint which may potentially create further
						  health and safety hazards;
* Insect or rodent infestation;
* Dwellings being offered "For Sale";
						  etc.