# Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2022 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-14304 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 10, 2023 - **Citation:** 88 FR 43908 ## Text DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6325-N-04] Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2022 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, 2022 and ending on December 31, 2022. 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). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. 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 2022. 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, 2022 through December 31, 2022. 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, two- or 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 2022) before the next report is published (the first quarter of calendar year 2023), HUD will include any additional waivers granted for the fourth quarter in the next report. Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice. Damon Y. Smith, General Counsel. Appendix Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development October 1, 2022 Through December 31, 2022 Note to Reader: More information about the granting of these waivers, including a copy of the waiver request and approval, may be obtained by contacting the person whose name is listed as the contact person directly after each set of regulatory waivers granted. The regulatory waivers granted appear in the following order: I. Regulatory waivers granted by the Office of Community Planning and Development. II. Regulatory waivers granted by the Office of Housing. III. Regulatory waivers granted by the Office of Public and Indian Housing. I. Regulatory Waivers and Alternative Requirements 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 58.22(a) Limitation on Activities Pending Clearance. Project/Activity: Homekey Project—Salinas, California—Section 8 Project-based Vouchers. Nature of Requirement: Pursuant to 24 CFR 58.22(a) “until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity . . . if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.” Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: December 19, 2022. Reason Waived: HUD may approve a Request for a Waiver of Part 58 when a regulatory violation has occurred, if there is good cause to grant the waiver and no unmitigated adverse environmental impacts will result. HUD has reviewed the Environmental Assessment submitted by the City of Salinas and the City asserts the regulatory violation was unintentional, has committed to receiving training and technical assistance, and the purpose of the project to provide housing and supportive services to the homeless furthers HUD program goals. Contact: Kristin L. Fontenot, Director, Office of Environment and Energy, Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 655-1412. • Alternative Requirement: Alternative requirement modifying section 105(a) of the Housing and Community Development Act of 1974 published at section III.G.3 of the CDBG-DR Consolidated Notice published in the Federal Register on February 3, 2022 at 87 FR 6364 (the “February 2022 Notice”) and May 24, 2022 at 87 FR 31636 (the “May 2022 Notice”). Project/Activity: Assistance to private for-profit, non-profit, or publicly owned utilities as part of disaster-related activities that are eligible under section 105(a) of the Housing and Community Development Act of 1974 and assisted with Community Development Block Grant disaster recovery (CDBG-DR) grants made in response to 2020 and 2021 disasters that are subject to the February 2022 Notice and the May 2022 Notice. Nature of Requirement: In October 2021, HUD allocated $2,051,217,000 in CDBG-DR funds made available by Public Law 117-43 (the “Appropriations Act”) to assist disaster-related needs from disasters occurring in 2020. On February 3, 2022, HUD published a Federal Register notice governing the use of those funds (87 FR 6364). In March 2022, HUD allocated an additional $722,688,000 in CDBG-DR funds from the Appropriations Act for disasters occurring in 2020 and $2,213,595,000 in CDBG-DR funds from the Appropriations Act for disasters occurring in 2021. On May 24, 2022, HUD published a Federal Register notice governing the use of those funds. Both Federal Register notices included HUD's CDBG-DR “Consolidated Notice” as Appendix B and made the Consolidated Notice applicable to the grants announced in those notices. Paragraph III.G.3. of the Consolidated Notice imposes the following alternative requirement: “ Prohibiting assistance to private utilities. HUD is adopting the following alternative requirement to section 105(a) and prohibiting the use of CDBG-DR funds to assist a privately-owned utility for any purpose.” Granted By: Adrianne Todman, Deputy Secretary Housing and Urban Development. Date Granted: December 12, 2022. Reason Modified: The Continuing Appropriation Act, 2023 (Pub. L. 117-180), approved on September 30, 2022, appropriated an additional $2,000,000,000 for 2021 and 2022 disasters. The funds under Public Law 117-180 are available “for the same purposes and under the same terms and conditions” as funds appropriated under Public Law 117-43 with a few exceptions. One of the exceptions is that amounts made under Public Law 117-180 and 117-43 “may be used by a grantee to assist utilities as part of a disaster-related eligible activity under section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)).” To comply with this new provision governing assistance to utilities, HUD made Section III.G.3 of the CDBG-DR Consolidated Notice inapplicable for disasters occurring in 2020 and 2021, and instead imposed a replacement alternative requirement that was added as paragraph IV.A.4. within the February 2022 Notice and the May 2022 Notice. While it is possible that not every CDBG-DR assisted utility will serve predominantly low-and moderate-income (LMI) populations, HUD recognizes that LMI populations would benefit especially from the increased resilience and recovery of private utilities. HUD also recognizes that privately-owned, for-profit utilities have a means of obtaining private investment or otherwise recapturing costs from ratepayers. Therefore, HUD's replacement alternative requirement includes basic safeguards that HUD has determined are necessary to ensure that costs comply with the certification CDBG-DR grantee must make to give maximum feasible priority to activities that benefit LMI persons and that costs are necessary and reasonable and do not duplicate other financial assistance. Specifically, the funded activity must comply with all requirements that apply to the use of grant funds. Additionally, grantees carrying out activities that assist private, for-profit utilities must priorities assistance to for-profit utilities that will benefit areas where at least 51 percent of the residents are low- and moderate-income persons and demonstrate how the assistance will benefit those areas. Additionally, the grantee must document that the level of assistance provided to a private, for-profit utility addresses only the actual identified needs of the utility, and establish policies and procedures that establish a mix of financing terms (loan, forgivable loan, and/or grant) for each assisted private, for-profit utility, based on the business's financial capacity. The modified alternative requirement also makes clear that assistance to utilities is subject to all other requirements that apply to the use of funds, consistent with the requirement in Public Law 117-180 that funds must be for an “eligible activity under section 105(a).” Applicability: The replacement alternative requirement added by the December 12, 2022 alternative requirement as a new paragraph IV.A.4. within the February 2022 Notice and the May 2022 Notice is applicable to all CDBG-DR funds appropriated for major disasters occurring in 2020 and 2021 under Public Law 117-43. Contact: Tennille S. Parker, Director, Office of Disaster Recovery, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 708-3587. • Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115 (c)(2), and (i); and 24 CFR 91.401. Project/Activity: The Commonwealth of Puerto Rico and any HUD Community Planning and Development (CPD) grantee located in the county equivalents (municipios) included in the declared-disaster area (see DR-4671-PR) seeking to expedite action in response to Hurricane Fiona, upon notification to the Community Planning and Development Director in its respective HUD Field Office. This authority is in effect for grantees in the areas covered by the major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4671-PR, dated September 21, 2022, as may be amended (the “Hurricane Fiona declared-disaster areas”) and is limited to facilitating preparation of substantial amendments to FY 2022 and prior year plans. Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a 30-day public comment period in the development of a consolidated plan and prior to the implementation of a substantial amendment. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: Several CPD grantees were affected by Hurricane Fiona that hit Puerto Rico on September 17, 2022. As a result of substantial property loss and destruction, many individuals and families residing in the Hurricane Fiona declared-disaster areas were displaced from their homes, including beneficiaries of various CPD programs, and families eligible to receive CPD program assistance. The waiver granted will allow grantees to expedite recovery efforts for low- and moderate-income residents affected by the property loss and destruction resulting from this event. Contact: Robert C. Peterson, Director, State and Small Cities Division, Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401. Project/Activity: The Commonwealth of Puerto Rico and any HUD Community Planning and Development (CPD) grantee located in the county equivalents (municipios) included in the Hurricane Fiona declared-disaster areas (see DR-4671-PR) seeking to expedite action in response to Hurricane Fiona, upon notification to the Community Planning and Development Director in its respective HUD Field Office. This authority is in effect for grantees within the Hurricane Fiona declared-disaster areas and is limited to facilitating preparation of substantial amendments to FY 2022 and prior year plans. Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require the grantee to follow its citizen participation plan to provide citizens with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: As stated above, several CPD grantees were affected by Hurricane Fiona that hit Puerto Rico on September 17, 2022. As a result of substantial property loss and destruction, many individuals and families residing in the Hurricane Fiona declared-disaster areas were displaced from their homes, including beneficiaries of various CPD programs, and families eligible to receive CPD program assistance. The waiver granted will allow grantees to determine what constitutes reasonable notice and opportunity to comment given their circumstances and provide that level of notice and opportunity to comment when amending prior year plans in response to the disaster. Contact: Robert C. Peterson, Director, State and Small Cities Division, Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 570.207(b)(4). Project/Activity: All CDBG grantees located within and outside declared disaster areas assisting persons and families who have registered with FEMA in connection with Hurricane Fiona. Nature of Requirement: The CDBG regulations at 24 CFR 570.207(b)(4) prohibit income payments, but permit emergency grant payments for three months. “Income payments” means a series of subsistence-type grant payments made to an individual or family for items such as food, clothing, housing (rent or mortgage), or utilities. Emergency grant payments made over a period of up to three consecutive months to the providers of such items and services on behalf of an individual or family are eligible public services. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) to permit emergency grant payments for items such as food, clothing, housing (rent or mortgage), or utilities for up to six consecutive months. While this waiver allows emergency grant payments to be made for up to six consecutive months, the payments must still be made to service providers as opposed to the affected individuals or families. Many individuals and families have been forced to abandon their homes due to the damage associated with Hurricane Fiona. The waiver will allow CDBG grantees, including grantees providing assistance to evacuees outside the Hurricane Fiona declared-disaster areas, to pay for the basic daily needs of individuals and families affected by the hurricane on an interim basis. This authority is in effect through the end of the grantee's 2023 program year. This waiver aligns with waivers currently in effect for CDBG coronavirus (CDBG-CV) grants. The six-month periods allowed by waiver for CDBG and CDBG-CV shall not be used consecutively for the same beneficiary. Contact: Robert C. Peterson, Director, State and Small Cities Division, Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115 (c)(2), and (i); and 24 CFR 91.401. Project/Activity: The State of Florida and any HUD Community Planning and Development (CPD) grantee located in the counties included in the declared-disaster area (see DR-4673-FL) seeking to expedite action in response to Hurricane Ian, upon notification to the Community Planning and Development Director in its respective HUD Field Office. This authority is in effect for grantees in the areas covered by the major disaster declaration under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4673-FL, dated September 29, 2022, as may be amended (the “Hurricane Ian declared-disaster areas”) and is limited to facilitating preparation of substantial amendments to FY 2022 and prior year plans. Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require a 30-day public comment period in the development of a consolidated plan and prior to the implementation of a substantial amendment. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022 and amended December 8, 2022. Reason Waived: Several CPD grantees were affected by Hurricane Ian that hit Florida on September 23, 2022. As a result of substantial property loss and destruction, many individuals and families residing in the Hurricane Ian declared-disaster areas were displaced from their homes, including beneficiaries of various CPD programs, and families eligible to receive CPD program assistance. The waiver granted will allow grantees to expedite recovery efforts for low- and moderate-income residents affected by the property loss and destruction resulting from this event. Contact: Robert C. Peterson, Director, State and Small Cities Division, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401. Project/Activity: The State of Florida and any HUD Community Planning and Development (CPD) grantee located in the counties included in the Hurricane Ian declared-disaster areas (see DR-4673-FL) seeking to expedite action in response to Hurricane Ian, upon notification to the Community Planning and Development Director in its respective HUD Field Office. This authority is in effect for grantees within the Hurricane Ian declared-disaster areas and is limited to facilitating preparation of substantial amendments to FY 2022 and prior year plans. Nature of Requirement: The regulations at 24 CFR 91.105(c)(2) and (k); 24 CFR 91.115(c)(2) and (i); and 24 CFR 91.401 require the grantee to follow its citizen participation plan to provide citizens with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022 and amended December 8, 2022. Reason Waived: As stated above, several CPD grantees were affected by Hurricane Ian that hit Florida on September 23, 2022. As a result of substantial property loss and destruction, many individuals and families residing in the Hurricane Ian declared-disaster areas were displaced from their homes, including beneficiaries of various CPD programs, and families eligible to receive CPD program assistance. The waiver granted will allow grantees to determine what constitutes reasonable notice and opportunity to comment given their circumstances and provide that level of notice and opportunity to comment when amending prior year plans in response to the disaster. Contact: Robert C. Peterson, Director, State and Small Cities Division, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 570.207(b)(4). Project/Activity: All CDBG grantees located within and outside declared disaster areas assisting persons and families who have registered with FEMA in connection with Hurricane Ian. Nature of Requirement: The CDBG regulations at 24 CFR 570.207(b)(4) prohibit income payments, but permit emergency grant payments for three months. “Income payments” means a series of subsistence-type grant payments made to an individual or family for items such as food, clothing, housing (rent or mortgage), or utilities. Emergency grant payments made over a period of up to three consecutive months to the providers of such items and services on behalf of an individual or family are eligible public services. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022 and amended December 8, 2022. Reason Waived: HUD waives the provisions of 24 CFR 570.207(b)(4) to permit emergency grant payments for items such as food, clothing, housing (rent or mortgage), or utilities for up to six consecutive months. While this waiver allows emergency grant payments to be made for up to six consecutive months, the payments must still be made to service providers as opposed to the affected individuals or families. Many individuals and families have been forced to abandon their homes due to the damage associated with Hurricane Ian. The waiver will allow CDBG grantees, including grantees providing assistance to evacuees outside the Hurricane Ian declared-disaster areas, to pay for the basic daily needs of individuals and families affected by the hurricane on an interim basis. This authority is in effect through the end of the grantee's 2023 program year. This waiver aligns with waivers currently in effect for CDBG coronavirus (CDBG-CV) grants. The six-month periods allowed by waiver for CDBG and CDBG-CV shall not be used consecutively for the same beneficiary. Contact: Robert C. Peterson, Director, State and Small Cities Division, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-4211. • Regulation: 24 CFR 574.310(b)(2)(iii), Space and Security. Project/Activity: State of Indiana; City of Houston, TX; State of Rhode Island; City of Cleveland, OH. Nature of Requirement: This section of the HOPWA regulations provides that each resident must be afforded adequate space and security for themselves and their belongings. Granted By: Jemine A. Bryon, Acting General Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 1, 2022-December 31, 2022. Reason Waived: In 2020, CPD began issuing waivers of regulatory authority available on a nationwide basis with a simplified opt-in process to help recipients prevent and mitigate the spread of COVID-19. Between March 31, 2020, and December 30, 2021, CPD published several memoranda announcing nationwide availability of regulatory waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA grantees were provided the opportunity to apply for certain regulatory waivers to provide continued flexibility during the COVID-19 pandemic and pandemic recovery. Notice CPD-22-09 provided expedited processing of requests to waive 24 CFR 574.310(b)(2)(iii), so that grantees and project sponsors operating housing facilities and shared housing arrangements can place more than two people in a room or reconfigure rooms, common areas and other appropriate spaces for temporary quarantine services of eligible individuals and families affected by COVID-19. Notice CPD-22-09 required grantees to justify in the waiver request why the grantee or project sponsor cannot provide adequate space and security in accordance with the standard provided at 24 CFR 574.310(b)(2)(iii). The waiver request must also specify the period during which the grantee needs to use this waiver and that effective period must not extend beyond March 31, 2023. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916, amy.l.palilonis@hud.gov. • Regulation: 24 CFR 574.330(a)(1), Time Limits for Short-Term Housing Facilities and Short-Term Rent, Mortgage, and Utility Payments. Project/Activity: State of Indiana; City of Seattle, WA; City of San Juan, PR; City of Oklahoma City, OK; City of Houston, TX; State of Rhode Island; City of Indianapolis, IN; City of Cleveland, OH. Nature of Requirement: This section of the HOPWA regulations limits the total amount of time an eligible individual or family can reside in a short-term supported housing facility to no more than 60 days during any six-month period. It also limits the Short-Term Rent, Mortgage, and Utility (STRMU) payments to prevent the homelessness of the tenant or mortgagor of a dwelling to no more than 21 weeks in any 52-week period. Reason Waived: In 2020, CPD began issuing waivers of regulatory authority available on a nationwide basis with a simplified opt-in process to help recipients prevent and mitigate the spread of COVID-19. Between March 31, 2020, and December 30, 2021, CPD published several memoranda announcing nationwide availability of regulatory waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA grantees were provided the opportunity to apply for certain regulatory waivers to provide continued flexibility during the COVID-19 pandemic and pandemic recovery. Notice CPD-22-09 provided expedited processing of grantee requests to waive the 21-week and 60-day limitations in 24 CFR 574.330(a)(1). In utilizing the waiver, the grantee or project sponsor must document, on an individual household basis, that a good faith effort has been made to assist the household to achieve housing stability within the time limits specified in the regulations, but that financial needs or health and safety concerns have prevented the household from doing so. The grantee or project sponsor must also have written policies and procedures outlining efforts to regularly re-assess the needs of assisted households, as well as processes for granting extensions based on documented financial needs or health and safety concerns. The waiver request must specify the alternative limits to be used in place of the 21-week and 60-day limit as applicable, and those limits must not exceed 52 weeks and 120 days, respectively and specify the period during which the grantee needs to use this waiver and that effective period must not extend beyond March 31, 2023. Granted By: Jemine A. Bryon, Deputy Assistant Secretary for Special Needs. Date Granted: October 1, 2022-December 31, 2022. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916, amy.l.palilonis@hud.gov. • Regulation: 24 CFR 574.530, Self-Certification of Income and Credible Information on HIV Status. Project/Activity: AIDS Foundation of Chicago; State of Indiana; City of Seattle, WA; City of San Juan, PR; City of Oklahoma City, OK; City of Houston, TX; State of Rhode Island; City of Indianapolis, IN; State of Montana; City of Cleveland, OH. Nature of Requirement: HOPWA grantees and project sponsors must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Reason Waived: In 2020, CPD began issuing waivers of regulatory authority available on a nationwide basis with a simplified opt-in process to help recipients prevent and mitigate the spread of COVID-19. Between March 31, 2020, and December 30, 2021, CPD published several memoranda announcing nationwide availability of regulatory waivers. Under Notice CPD-22-09, issued on June 15, 2022, HOPWA grantees were provided the opportunity to apply for certain regulatory waivers to provide continued flexibility during the COVID-19 pandemic and pandemic recovery. Notice CPD-22-09 provided expedited processing of requests to waive the requirement at 24 CFR 574.530 to have source documentation of HIV status at the time of the determination of eligibility. In utilizing the waiver, grantees and project sponsors may accept written certification of HIV status and income to document eligibility of an individual or family seeking assistance if the grantee or project sponsor agrees to obtain source documentation of HIV status and income eligibility within 90 days of obtaining the written certification. Grantees and project sponsors must provide justification as to why source documentation cannot be acquired at the time of the eligibility determination. The waiver request must specify the period during which the grantee needs to use this waiver and that effective period must not extend beyond March 31, 2023. Granted By: Jemine A. Bryon, Acting General Deputy Assistant Secretary for Community Planning and Development and Claudette Fernandez General Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 1, 2022-December 31, 2022. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916. amy.l.palilonis@hud.gov. Mega-Waiver for Hurricane Ian—Housing Opportunities for Persons Withs AIDS (HOPWA) Program On October 3, 2022, HUD issued a memorandum offering waivers of certain statutory and regulatory requirements associated with several Community Planning and Development (CPD) grant programs to address damage and facilitate recovery from Hurricane Ian in areas covered by a major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4673-FL, dated September 29, 2022, as may be amended (the “declared-disaster areas”). The October 3, 2022, memorandum was updated on December 8, 2022, to clarify the documentation requirements to support the use of some waivers to assist impacted individuals and provide greater clarity on the use of some waivers outside of the declared disaster area. The following summarizes the waivers available for HOPWA grantees. • Regulation: 24 CFR 574.310(b)(2), Housing Quality Standards. Project/Activity: The property standard requirements in 24 CFR 574.310(b)(2) are waived for units in the declared-disaster areas that are or will be occupied by HOPWA eligible households, provided that the units are free of life-threatening conditions as defined in Notice PIH 2017-20 (HA). Grantees must ensure that these units meet HOPWA housing quality standards within 60 days of October 3, 2022. Nature of Requirement: Section 574.310(b)(2) of the HOPWA regulations provides minimum housing quality standards that apply to all housing for which HOPWA funds are used for acquisition, rehabilitation, conversion, lease, or repair; new construction of single room occupancy dwellings and community residences; project or tenant-based rental assistance; or operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022. Reason Waived: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families in the declared disaster areas. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916, amy.l.palilonis@hud.gov. • Regulation: 24 CFR 574.320(a)(2), Rent Standard. Project/Activity: The rent standard requirement is waived for any rent amount that takes effect during the two-year period beginning on October 3, 2022, for any individual or family who is renting or executes a lease for a unit in the declared disaster areas. This waiver would apply for twelve months from the date of the execution of the lease under the waived rent standard requirement. Grantees and project sponsors must still ensure the reasonableness of rent charged for units in the declared-disaster areas in accordance with 574.320(a)(3). Nature of Requirement: Grantees must establish rent standards for their rental assistance programs based on FMR (Fair Market Rent) or the HUD-approved community-wide exception rent for unit size. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022. Reason Waived: This waiver is required to enable HOPWA grantees to expedite efforts to meet the critical housing needs of low-income people living with HIV and their families in the declared-disaster areas. Under the programmatic requirements at 24 CFR 574.320(a)(2), the rent standard shall be no more than the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception for the unit size. In addition, on a unit-by-unit basis, the grantee may increase that amount by up to 10 percent for up to 20 percent of the units assisted. Notice CPD-22-10 Clarification of Rent Standard Requirement for the Housing Opportunities for Persons With AIDS (HOPWA) Program provides additional clarity and flexibility on how HOPWA grantees can administer the rent standard in accordance with 24 CFR 574.320(a)(2) and the Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87 FR 469 (Section 8 Disaster Notice) provides additional rent standard flexibility in presidentially declared disaster areas. Due to the extensive damage to housing units in the declared disaster area and the need to ensure safe and decent units are immediately available to eligible households to prevent homelessness and protect the health of the people with HIV served under the program, HUD has determined that it is not practicable for grantees to be held to the rent standards in 24 CFR 574.320(a)(2) even with the additional flexibilities under Notice CPD-22-10 and the Section 8 Disaster Notice. Waiving the rent standard requirement, while still requiring that the unit be rent reasonable in accordance with § 574.320(a)(3), will make more units immediately available to HOPWA eligible individuals and families in need of permanent housing in the declared-disaster areas and will help to quickly stabilize their housing and health. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916, amy.l.palilonis@hud.gov. • Regulation: 24 CFR 574.530, Recordkeeping. Project/Activity: The recordkeeping requirement at 24 CFR 574.530 is waived to the extent necessary to allow HOPWA grantees, located within and outside of the declared disaster areas, to assist displaced persons and families, provided that the grantees (1) require written certification of HIV status and income of such individuals and families seeking assistance and (2) obtain source documentation of HIV status and income eligibility within six months of October 3, 2022. Nature of Requirement: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: October 3, 2022. Reason Waived: This waiver will permit HOPWA grantees and project sponsors, located within and outside of the declared-disaster areas, to rely upon a family member's self-certification of income and HIV status in lieu of source documentation to determine eligibility for HOPWA assistance for individuals and families displaced by the disaster. Many individuals and families displaced by the disaster whose homes have been destroyed or damaged will not have immediate access to documentation of income or medical records and, without this waiver, will be unable to document their eligibility for HOPWA assistance. Contact: Amy Palilonis, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (202) 402-5916, amy.l.palilonis@hud.gov. Mega-Waiver for Hurricane Fiona—Housing Opportunities for Persons Withs AIDS (HOPWA) Program On December 8, 2022, HUD issued an updated memorandum offering waivers of certain statutory and regulatory requirements associated with several Community Planning and Development (CPD) grant programs to address damage and facilitate recovery from Hurricane Fiona in areas covered by a major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4671-PR, dated September 21, 2022, as may be amended (the “declared-disaster areas”). • Regulation: 24 CFR 574.310(b)(2), Housing Quality Standards. Project/Activity: The minimum housing quality standards requirements in 24 CFR 574.310(b)(2) are waived for units in the declared-disaster areas that are or will be occupied by HOPWA-eligible households, provided that the units are free of life-threatening conditions as defined in Notice PIH 2017-20 (HA). Grantees must ensure that these units meet HOPWA housing quality standards within 60 days of the date of December 8, 2022. Nature of Requirement: Section 574.310(b)(2) of the HOPWA regulations provides minimum housing quality standards that apply to all housing for which HOPWA funds are used for acquisition, rehabilitation, conversion, lease, or repair; new construction of single room occupancy dwellings and community residences; project or tenant-based rental assistance; or operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families in the declared disaster areas. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.320(a)(2), Rent Standard. Project/Activity: The rent standard requirement is waived for any rent amount that takes effect during the two-year period beginning on December 8, 2022, for any individual or family who is renting or executes a lease for a unit in the declared disaster areas. This waiver would apply for twelve months from the date of the execution of the lease under the waived rent standard requirement. Grantees and project sponsors must still ensure the reasonableness of rent charged for units in the declared-disaster areas in accordance with 574.320(a)(3). Nature of Requirement: Grantees must establish rent standards for their rental assistance programs based on FMR (Fair Market Rent) or the HUD-approved community-wide exception rent for unit size. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: This waiver is required to enable HOPWA grantees to expedite efforts to meet the critical housing needs of low-income people living with HIV and their families in the declared-disaster areas. Under the programmatic requirements at 24 CFR 574.320(a)(2), the rent standard shall be no more than the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception for the unit size. In addition, on a unit-by-unit basis, the grantee may increase that amount by up to 10 percent for up to 20 percent of the units assisted. Notice CPD-22-10 Clarification of Rent Standard Requirement for the Housing Opportunities for Persons With AIDS (HOPWA) Program provides additional clarity and flexibility on how HOPWA grantees can administer the rent standard in accordance with 24 CFR 574.320(a)(2) and the Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public 16 Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87 FR 469 (Section 8 Disaster Notice) provides additional rent standard flexibility in presidentially declared disaster areas. Due to the extensive damage to housing units in the declared disaster area and the need to ensure safe and decent units are immediately available to eligible households to prevent homelessness and protect the health of the people with HIV served under the program, HUD has determined that it is not practicable for grantees to be held to the rent standards in 24 CFR 574.320(a)(2) even with the additional flexibilities under Notice CPD-22-10 and the Section 8 Disaster Notice. Waiving the rent standard requirement while still requiring that the unit be rent reasonable in accordance with 574.320(a)(3), will make more units immediately available to HOPWA eligible individuals and families in need of permanent housing in the declared-disaster areas and will help to quickly stabilize their housing and health. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.530, Recordkeeping. Project/Activity: The recordkeeping requirement at 24 CFR 574.530 is waived to the extent necessary to allow HOPWA grantees, located within and outside of the declared disaster areas, to assist displaced persons and families, provided that the grantees (1) require written certification of HIV status and income of such individuals and families seeking assistance and (2) obtain source documentation of HIV status and income eligibility within six months of December 8, 2022. Nature of Requirement: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 27, 2022 and amended December 8, 2022. Reason Waived: This waiver will permit HOPWA grantees and project sponsors, located within and outside of the declared-disaster areas, to rely upon a family member's self-certification of income and HIV status in lieu of source documentation to determine eligibility for HOPWA assistance for individuals and families displaced by the disaster. Many individuals and families displaced by the disaster whose homes have been destroyed or damaged will not have immediate access to documentation of income or medical records and, without this waiver, will be unable to document their eligibility for HOPWA assistance. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. Mega-Waiver for California Severe Winter Storms, Flooding, Landslides, and Mudslides—Housing Opportunities for Persons Withs AIDS (HOPWA) Program On February 9, 2023, HUD issued a memorandum offering waivers of certain statutory and regulatory requirements associated with several Community Planning and Development (CPD) grant programs to address damage and facilitate recovery from California severe winter storms, flooding, landslides, and mudslides in areas covered by a major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4683-CA, dated January 14, 2023, as may be amended (the “declared-disaster areas”). • Regulation: 24 CFR 574.310(b)(2), Habitability Standards. Project/Activity: The habitability requirements in 24 CFR 574.310(b)(2) are waived for units in the declared-disaster areas that are or will be occupied by HOPWA-eligible households, provided that the units are free of life-threatening conditions as defined in Notice PIH 2017-20 (HA). Grantees must ensure that these units meet HOPWA habitability standards within 60 days of the date of February 9, 2023. Nature of Requirement: Section 574.310(b)(2) of the HOPWA regulations provides minimum habitability standards that apply to all housing for which HOPWA funds are used for acquisition, rehabilitation, conversion, lease, or repair; new construction of single room occupancy dwellings and community residences; project or tenant-based rental assistance; or operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families in the declared disaster areas. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy. Project/Activity: Provided that the maximum subsidy is otherwise calculated as provided by 574.320(a)(1), the requirement to use the rent standard as provided by 574.320(a)(1) is waived. This waiver applies to the calculation of rental assistance for any rent amount that takes effect during the two-year period beginning on February 9, 2023, for any individual or family who is renting or executes a lease for a unit in the declared-disaster areas. This waiver would apply for twelve months from the date of the execution of the lease. Grantees and project sponsors must still ensure the reasonableness of rent charged for units in the declared-disaster areas in accordance with 574.320(a)(3). Nature of Requirement: The amount of grant funds used to pay monthly assistance for an eligible person may not exceed the difference between: (i) The lower of the rent standard or reasonable rent for the unit; and (ii) The resident's rent payment calculated under 574.310(d). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: Permitting the maximum rental assistance subsidy to be calculated under 24 CFR 574.320(a)(1) without regard to the rent standard would enable HOPWA grantees to expedite efforts to meet the critical housing needs of low-income people living with HIV and their families in the declared-disaster areas. Under the programmatic requirements at 24 CFR 574.320(a)(2), the rent standard shall be no more than the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception for the unit size. In addition, on a unit-by-unit basis, the grantee may increase that amount by up to 10 percent for up to 20 percent of the units assisted. Notice CPD-22-10 Clarification of Rent Standard Requirement for the Housing Opportunities for Persons With AIDS (HOPWA) Program provides additional clarity and flexibility on how HOPWA grantees can administer the rent standard in accordance with 24 CFR 574.320(a)(2) and the Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public 16 Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87 FR 469 (Section 8 Disaster Notice) provides additional rent standard flexibility in presidentially declared disaster areas. Due to the extensive damage to housing units in the declared disaster area and the need to ensure safe and decent units are immediately available to eligible households to prevent homelessness and protect the health of the people with HIV served under the program, HUD has determined that it is not practicable for grantees to be held to the rent standards in 24 CFR 574.320(a)(2) even with the additional flexibilities under Notice CPD-22-10 and the Section 8 Disaster Notice. Waiving the requirement to use the rent standard in the calculation of the maximum monthly rental assistance amount under 574.320(a)(1), while still requiring that the unit be rent reasonable in accordance with 574.320(a)(3), will make more units immediately available to HOPWA eligible individuals and families in need of permanent housing in the declared-disaster areas and will help to quickly stabilize their housing and health. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.530, Recordkeeping. Project/Activity: The recordkeeping requirement at 24 CFR 574.530 is waived to the extent necessary to allow HOPWA grantees, located within and outside of the declared disaster areas, to assist displaced persons and families, provided that the grantees (1) require written certification of HIV status and income of such individuals and families seeking assistance and (2) obtain source documentation of HIV status and income eligibility within six months of February 9, 2023. Nature of Requirement: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: This waiver will permit HOPWA grantees and project sponsors, located within and outside of the declared-disaster areas, to rely upon a family member's self-certification of income and HIV status in lieu of source documentation to determine eligibility for HOPWA assistance for individuals and families displaced by the disaster. Many individuals and families displaced by the disaster whose homes have been destroyed or damaged will not have immediate access to documentation of income or medical records and, without this waiver, will be unable to document their eligibility for HOPWA assistance. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. Mega-Waiver for Alabama Severe Storms, Straight-Line Winds, and Tornadoes—Housing Opportunities for Persons Withs AIDS (HOPWA) Program On February 9, 2023, HUD issued a memorandum offering waivers of certain statutory and regulatory requirements associated with several Community Planning and Development (CPD) grant programs to address damage and facilitate recovery from California severe winter storms, flooding, landslides, and mudslides in areas covered by a major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4684-AL, dated January 15, 2023, as may be amended (the “declared-disaster areas”). • Regulation: 24 CFR 574.310(b)(2), Habitability Standards. Project/Activity: The habitability requirements in 24 CFR 574.310(b)(2) are waived for units in the declared-disaster areas that are or will be occupied by HOPWA-eligible households, provided that the units are free of life-threatening conditions as defined in Notice PIH 2017-20 (HA). Grantees must ensure that these units meet HOPWA habitability standards within 60 days of the date of February 9, 2023. Nature of Requirement: Section 574.310(b)(2) of the HOPWA regulations provides minimum habitability standards that apply to all housing for which HOPWA funds are used for acquisition, rehabilitation, conversion, lease, or repair; new construction of single room occupancy dwellings and community residences; project or tenant-based rental assistance; or operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families in the declared disaster areas. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy. Project/Activity: Provided that the maximum subsidy is otherwise calculated as provided by 574.320(a)(1), the requirement to use the rent standard as provided by 574.320(a)(1) is waived. This waiver applies to the calculation of rental assistance for any rent amount that takes effect during the two-year period beginning on February 9, 2023, for any individual or family who is renting or executes a lease for a unit in the declared-disaster areas. This waiver would apply for twelve months from the date of the execution of the lease. Grantees and project sponsors must still ensure the reasonableness of rent charged for units in the declared-disaster areas in accordance with 574.320(a)(3). Nature of Requirement: The amount of grant funds used to pay monthly assistance for an eligible person may not exceed the difference between: (i) The lower of the rent standard or reasonable rent for the unit; and (ii) The resident's rent payment calculated under 574.310(d). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: Permitting the maximum rental assistance subsidy to be calculated under 24 CFR 574.320(a)(1) without regard to the rent standard would enable HOPWA grantees to expedite efforts to meet the critical housing needs of low-income people living with HIV and their families in the declared-disaster areas. Under the programmatic requirements at 24 CFR 574.320(a)(2), the rent standard shall be no more than the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception for the unit size. In addition, on a unit-by-unit basis, the grantee may increase that amount by up to 10 percent for up to 20 percent of the units assisted. Notice CPD-22-10 Clarification of Rent Standard Requirement for the Housing Opportunities for Persons With AIDS (HOPWA) Program provides additional clarity and flexibility on how HOPWA grantees can administer the rent standard in accordance with 24 CFR 574.320(a)(2) and the Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public 16 Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87 FR 469 (Section 8 Disaster Notice) provides additional rent standard flexibility in presidentially declared disaster areas. Due to the extensive damage to housing units in the declared disaster area and the need to ensure safe and decent units are immediately available to eligible households to prevent homelessness and protect the health of the people with HIV served under the program, HUD has determined that it is not practicable for grantees to be held to the rent standards in 24 CFR 574.320(a)(2) even with the additional flexibilities under Notice CPD-22-10 and the Section 8 Disaster Notice. Waiving the requirement to use the rent standard in the calculation of the maximum monthly rental assistance amount under 574.320(a)(1), while still requiring that the unit be rent reasonable in accordance with 574.320(a)(3), will make more units immediately available to HOPWA eligible individuals and families in need of permanent housing in the declared-disaster areas and will help to quickly stabilize their housing and health. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.530, Recordkeeping. Project/Activity: The recordkeeping requirement at 24 CFR 574.530 is waived to the extent necessary to allow HOPWA grantees, located within and outside of the declared disaster areas, to assist displaced persons and families, provided that the grantees (1) require written certification of HIV status and income of such individuals and families seeking assistance and (2) obtain source documentation of HIV status and income eligibility within six months of February 9, 2023. Nature of Requirement: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: February 9, 2023. Reason Waived: This waiver will permit HOPWA grantees and project sponsors, located within and outside of the declared-disaster areas, to rely upon a family member's self-certification of income and HIV status in lieu of source documentation to determine eligibility for HOPWA assistance for individuals and families displaced by the disaster. Many individuals and families displaced by the disaster whose homes have been destroyed or damaged will not have immediate access to documentation of income or medical records and, without this waiver, will be unable to document their eligibility for HOPWA assistance. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. Mega-Waiver for Mississippi Severe Storms, Straight-Line Winds, and Tornadoes—Housing Opportunities for Persons Withs AIDS (HOPWA) Program On March 30, 2023, HUD issued a memorandum offering waivers of certain statutory and regulatory requirements associated with several Community Planning and Development (CPD) grant programs to address damage and facilitate recovery from California severe winter storms, flooding, landslides, and mudslides in areas covered by a major disaster declaration under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4697-MS, dated March 26, 2023, as may be amended (the “declared-disaster areas”). • Regulation: 24 CFR 574.310(b)(2), Habitability Standards. Project/Activity: The habitability requirements in 24 CFR 574.310(b)(2) are waived for units in the declared-disaster areas that are or will be occupied by HOPWA-eligible households, provided that the units are free of life-threatening conditions as defined in Notice PIH 2017-20 (HA). Grantees must ensure that these units meet HOPWA habitability standards within 60 days of the date of March 30, 2023. Nature of Requirement: Section 574.310(b)(2) of the HOPWA regulations provides minimum habitability standards that apply to all housing for which HOPWA funds are used for acquisition, rehabilitation, conversion, lease, or repair; new construction of single room occupancy dwellings and community residences; project or tenant-based rental assistance; or operating costs under 24 CFR 574.300(b)(3), (4), (5), or (8). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: March 30, 2023. Reason Waived: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families in the declared disaster areas. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.320(a)(1), Maximum Subsidy. Project/Activity: Provided that the maximum subsidy is otherwise calculated as provided by § 574.320(a)(1), the requirement to use the rent standard as provided by § 574.320(a)(1) is waived. This waiver applies to the calculation of rental assistance for any rent amount that takes effect during the two-year period beginning on March 30, 2023, for any individual or family who is renting or executes a lease for a unit in the declared-disaster areas. This waiver would apply for twelve months from the date of the execution of the lease. Grantees and project sponsors must still ensure the reasonableness of rent charged for units in the declared-disaster areas in accordance with § 574.320(a)(3). Nature of Requirement: The amount of grant funds used to pay monthly assistance for an eligible person may not exceed the difference between: (i) The lower of the rent standard or reasonable rent for the unit; and (ii) The resident's rent payment calculated under § 574.310(d). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: March 30, 2023. Reason Waived: Permitting the maximum rental assistance subsidy to be calculated under 24 CFR 574.320(a)(1) without regard to the rent standard would enable HOPWA grantees to expedite efforts to meet the critical housing needs of low-income people living with HIV and their families in the declared-disaster areas. Under the programmatic requirements at 24 CFR 574.320(a)(2), the rent standard shall be no more than the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception for the unit size. In addition, on a unit-by-unit basis, the grantee may increase that amount by up to 10 percent for up to 20 percent of the units assisted. Notice CPD-22-10 Clarification of Rent Standard Requirement for the Housing Opportunities for Persons With AIDS (HOPWA) Program provides additional clarity and flexibility on how HOPWA grantees can administer the rent standard in accordance with 24 CFR 574.320(a)(2) and the Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public 16 Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87 FR 469 (Section 8 Disaster Notice) provides additional rent standard flexibility in presidentially declared disaster areas. Due to the extensive damage to housing units in the declared disaster area and the need to ensure safe and decent units are immediately available to eligible households to prevent homelessness and protect the health of the people with HIV served under the program, HUD has determined that it is not practicable for grantees to be held to the rent standards in 24 CFR 574.320(a)(2) even with the additional flexibilities under Notice CPD-22-10 and the Section 8 Disaster Notice. Waiving the requirement to use the rent standard in the calculation of the maximum monthly rental assistance amount under § 574.320(a)(1), while still requiring that the unit be rent reasonable in accordance with § 574.320(a)(3), will make more units immediately available to HOPWA eligible individuals and families in need of permanent housing in the declared-disaster areas and will help to quickly stabilize their housing and health. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. • Regulation: 24 CFR 574.530, Recordkeeping. Project/Activity: The recordkeeping requirement at 24 CFR 574.530 is waived to the extent necessary to allow HOPWA grantees, located within and outside of the declared disaster areas, to assist displaced persons and families, provided that the grantees (1) require written certification of HIV status and income of such individuals and families seeking assistance and (2) obtain source documentation of HIV status and income eligibility within six months of March 30, 2023. Nature of Requirement: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: March 30, 2023. Reason Waived: This waiver will permit HOPWA grantees and project sponsors, located within and outside of the declared-disaster areas, to rely upon a family member's self-certification of income and HIV status in lieu of source documentation to determine eligibility for HOPWA assistance for individuals and families displaced by the disaster. Many individuals and families displaced by the disaster whose homes have been destroyed or damaged will not have immediate access to documentation of income or medical records and, without this waiver, will be unable to document their eligibility for HOPWA assistance. Contact: Lisa Steinhauer, Office of HIV/AIDS Housing, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7248, Washington, DC 20410, telephone (215) 861-7651, lisa.a.steinhauer@hud.gov. I. Expedited COVID-19 Waivers (Notice CPD-22-09)—CoC CoC—Suitable Dwelling Size and Housing Quality Standards—Permanent Housing—Rapid Re-Housing Projects • Regulation: 24 CFR 578.75(c), and 24 CFR 982.401(d)(2)(ii) as required by 24 CFR 578.75(b) Nature of Requirement: 4 CFR 578.75(c), suitable dwelling size, and 24 CFR 982.401(d)(2)(ii) as required by 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. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirements at 24 CFR 578.75(c), suitable dwelling size, and 24 CFR 982.401(d)(2)(ii) as required by 24 CFR 578.75(b) so that recipients carrying out Permanent Housing—Rapid Rehousing projects are able to assist program participants to move into housing with more than two persons per room. Recipients should balance the use of this waiver with the recommendations of public health officials to limit community spread and reduce the risks to high-risk populations consistent with the Executive Order on Fighting the Spread of COVID-19 by Providing Assistance to Renters and Homeowners. This waiver is only made available with respect to recipients providing Permanent Housing—Rapid Re-housing assistance for leases and occupancy agreements executed by recipients and subrecipients between the effective date of the HUD-approved waiver and March 31, 2023. Assisted units with leases and occupancy agreements signed during this period of time may have more than two persons for each bedroom or living/sleeping room until the later of (1) the end of the initial term of the lease or occupancy agreement; or (2) March 31, 2023. Grantee Grant No(s). Date granted Reasons waived County of Santa Clara CA1385L9T002005, CA1385L9T002106, CA1528L9T002004, CA1528L9T002105, CA1728D9T002002, CA1728D9T002103, CA1911D9T002001, CA1911D9T002102 10/11/2022 A State of Connecticut Department of Housing CT0242L1E052007, CT0278L1E052106, CT0279L1E052106, CT0294L1E052105, CT0301L1E032104, CT0306L1E052104, CT0317Y1E052002, CT0326D1E032103, CT0330D1E052103, CT0336D1E032001, CT0336D1E032102, CT0338D1E052001, CT0338D1E052102, CT0339L1E052001, CT0339L1E052102, CT0352Y1E052100, CT0356D1E052100 10/11/2022 A United Neighborhood Centers of Northeastern Pennsylvania PA0806L3T082004 11/14/2022 A Liberty Community Services, Inc CT0282L1E051904 11/14/2022 A City of Albuquerque NM0101L6B002106 12/14/2022 B King County Regional Homelessness Authority WA0295L0T002107, WA0319L0T002106, WA0363L0T002105, WA0366L0T002105, WA0411L0T002103, WA0412D0T002103, WA0451D0T002102, WA0484Y0T002100, WA0485Y0T002100 12/14/2022 A, B City and County of Denver Department of Housing Stability CO0154L8T032003, CO0154L8T032104 12/14/2022 A Homeless Services Network of Central Florida, Inc FL0605L4H072005, FL0605L4H072106, FL0562L4H072005, FL0562L4H072106 12/14/2022 A Neighborhood House OR0222L0E012004 12/14/2022 B Welcome House Inc KY0168L4I001903 12/14/2022 A Nye County NV0139L9T022102, NV0139L9T022001 11/18/2022 A Regional Taskforce on Homelessness CA1814Y9D012001, CA1816Y9D012001 CA1818Y9D012001, CA1814Y9D012102 CA1816Y9D012102, CA1818Y9D012102 11/18/2022 B City of Albuquerque NM0101L6B002106 11/18/2022 B Orange County, NC NC0485L4F132100 11/18/2022 B Laurel House PA0957D3T042102 11/18/2022 A Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability. B. Local data related to the pandemic's impact that supports the waiver flexibility, the number of unassisted households living in units with more than two persons per room in the geographic area). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. CoC—Fair Market Rent for Individual Units and Leasing Costs • Regulation: 24 CFR 578.49(b)(2). Nature of Requirement: 24 CFR 578.49(b)(2) prohibits a recipient from using grant funds for leasing to pay above FMR when leasing individual units, even if the rent is reasonable when compared to other similar, unassisted units. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirement at 24 CFR 578.49(b)(2) and use grant funds to pay for rent above FMR when leasing individual units under leases executed before the expiration of this Notice, so long as the rent paid for individual units meets the rent reasonableness standard at 24 CFR 578.49(b)(2). This waiver is only made available with respect to leases of individual units between the effective date of the HUD-approved waiver and March 31, 2023, although the recipient may request that the waiver remain applicable to a lease of an individual unit in which a program participant is assisted during that time period may continue to benefit from this waiver through until the earlier of the end of the lease or the end of the period of performance/approved budget period(s) for the recipient's grant(s) covered by the waiver. Grantee Grant No(s). Date granted Reasons waived Preble Street ME0133Y1T001800 10/11/2022 A Monroe County Opportunity Program MIO248L5F152113 10/11/2022 A, B WV Coalition to End Homelessness WV0122L3E082106 10/11/2022 A Crisis House CA1433L9D012005, CA1690L9D012104 10/11/2022 A, B The Lord's Place FL0368L4D052112, FL0594L4D052003, FL0594L4D052104, FL0711L4D052104 10/11/2022 A County of Santa Clara CA1059L9T002008, CA1059L9T002109, CA1911D9T002001, CA1911D9T002102 10/11/2022 A, B Proyecto Maria PR0105L4N032108 10/27/2022 A, B Gulfstream Goodwill FL0289L4D052013, FL0289L4D052114, FL0347L4D052009, FL0347L4D052110, FL0503L4D052007, FL0503L4D052108, FL0842Y4D051899, FL0842Y4D052101 10/27/2022 A, B New Beginnings, Bluegrass, Inc KY0175L4I022004, KY0175L4I022105 11/4/2022 A, B New Vista of The Bluegrass, Inc KY0087L4I022114 11/4/2022 A, B United Neighborhood Centers of Northeastern Pennsylvania PA0382L3T082012 11/14/2022 A King County Regional Homelessness Authority WA0053L0T002114 12/14/2022 A City of Cambridge, Massachusetts MA0151L1T092111, MA0152L1T092112, MA0156L1T092114, MA0170L1T092114, MA0317L1T092012, MA0317L1T092113, MA0572L1T092004, MA0572L1T092105 12/14/2022 A Los Angeles Homeless Services Authority CA1878D9D002102, CA0358L9D002114, CA1335L9D002107, CA1336L9D002107, CA1487L9D002106, CA1789D9D002103, CA2027D9D002100, CA2026D9D002100, CA1879D9D002102, CA2028D9D002 12/14/2022 A Carson Valley Children's Aid PA1023D3T042100 12/14/2022 A Homeless Services Network of Central Florida, Inc FL0566L4H072005, FL0566L4H072106 12/14/2022 A Community Action Pioneer Valley MA0633L1T072103, MA0731L1T072100, MA0604L1T072104 12/14/2022 A Lawrence County Community Action Partnership PA0304L3E012111, PA0425L3E012113 11/18/2022 A Mental Health Systems CA0708L9D012114, CA1698L9D012104 11/18/2022 A Benton Franklin Community Action Committee WA0071L0T012013, WA0071L0T012114, WA0204L0T012012, WA0204L0T012113 11/18/2022 A Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing due to increased rental rates, low vacancy rates, challenges securing lower rates due to landlord trepidation or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness, lower wages or higher unemployment rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. CoC—One-Year Lease Requirement • Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1). Nature of Requirement: 24 CFR 578.3, definition of permanent housing, and 24 CFR 578.51(l)(1) requires program participants residing in permanent housing to be the tenant on a lease for a term of at least one year that is renewable and terminable for cause. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirements at 24 CFR 578.3 and 24 CFR 578.51(l)(1) that recipients execute a lease that is for a term of less than one year, so long as the initial term of the lease is at least one month. Grantee Grant No(s). Date granted Reasons waived Catholic Charities Wichita KS0103L7P022005, KS0103L7P022106 10/11/2022 A County of Santa Clara CA0021L9T002013, CA0021L9T002114, CA0003L9T002011, CA0003L9T002112, CA0825L9T002008, CA0825L9T002109, CA0001L9T002010, CA0001L9T002111, CA1385L9T002005, CA1385L9T002106, CA1274L9T002006, CA1274L9T002107, CA1526L9T002003, CA1526L9T002104, CA1059L9T002008, CA1059L9T002109, CA1528L9T002004, CA1528L9T002105, CA0014L9T002013, CA0014L9T002114, CA1384L9T002004, CA1384L9T002105, CA1729L9T002002, CA1729L9T002103, CA0746L9T002012, CA0746L9T002113, CA1728D9T002002, CA1728D9T002103, CA1909L9T002001, CA1909L9T002102, CA1910L9T002001, CA1910L9T002102, CA1911D9T002001, CA1911D9T002102 10/11/2022 A, B Gulfstream Goodwill FL0289L4D052013, FL0289L4D052114, FL0347L4D052009, FL0347L4D052110, FL0503L4D052007, FL0503L4D052108, FL0842Y4D051899, FL0842Y4D052101 10/27/2022 A, B City of Oklahoma City OK0044L6I022112, OK0020L6I022112, OK0053L6I022111, OK0024L6I022114, OK0019L61022011, OK0126L61022004 11/4/2022 B The Family Support Center of South Sound WA0414D0T012103, WA0371L0T012105 11/4/2022 B Hope Community Services, Inc OK0035L6IO42114 11/4/2022 B Liberty Community Services, Inc CT0282L1E051904, CT0153L1E051909 11/14/2022 A, B City of Albuquerque NM0101L6B002106, NM0014L6B002114, NM0015L6B002114 12/14/2022 B King County Regional Homelessness Authority WA0295L0T002107, WA0319L0T002106, WA0363L0T002105, WA0366L0T002105, WA0392L0T002104, WA0411L0T002103, WA0412D0T002103, WA0483D0T002100, WA0033L0T002114, WA0034L0T002114, WA0053L0T002114 12/14/2022 B City of Cambridge, Massachusetts MA0151L1T092111, MA0152L1T092112, MA0156L1T092114, MA0170L1T092114, MA0179L1T092114, MA0180L1T092013, MA0180L1T092114, MA0317L1T092012, MA0317L1T092113, MA0543L1T092106, MA0570L1T092105, MA0571L1T092004, MA0571L1T092105, MA0572L1T092004, MA0572L1T092105, MA0637D1T092103, MA0638L1T092103 12/14/2022 B Los Angeles Homeless Services Authority CA1878D9D002102, CA0340L9D002114, CA0345L9D002114, CA0347L9D002114, CA0348L9D002114, CA0353L9D002114, CA0358L9D002114, CA0364L9D002114, CA0373L9D002114, CA0374L9D002114, CA0383L9D002114, CA0409L9D002114, CA0413L9D002114, CA0430L9D002114, CA0433L9D002114, CA0450L9D002114, CA0466L9D002114, CA0494L9D002114, CA0523L9D002114, CA0861L9D002110, CA0993L9D002109, CA0994L9D002108, CA1048L9D002111, CA1335L9D002107, CA1336L9D002107, CA1487L9D002106, CA1684L9D002104, CA1686L9D002104, CA1789D9D002103, CA2027D9D002100, CA2026D9D002100, CA1879D9D002102, CA1787L9D002102, CA2028D9D002100, CA0435L9D002114, CA0442L9D002114 12/14/2022 B Los Angeles County Development Authority CA0465L9D002114, CA1158L9D002110, CA0915L9D002112, CA1159L9D002110, CA1503L9D002106, CA0365L9D002114, CA0800L9D002113, CA0914L9D002112, CA0998L9D002106, CA1343L9D002107, CA1596L9D002105, CA0792L9D002113, CA0913L9D002112, CA1597L9D002105, CA1046L9D002111, CA1502L9D002106, CA1504L9D002106, CA0339L9D002114, CA1104L9D002105, CA1109L9D002105, CA1505L9D002106, CA1688L9D002104, CA0421L9D002114, CA0742L9D002114, CA0860L9D002107, CA1157L9D002110, CA1218L9D002109, CA1219L9D002109, CA1342L9D002107, CA1344L9D002107, CA1687L9D002104, CA0365L9D002013, CA0800L9D002012, CA0914L9D002011, CA0998L9D002005, CA1343L9D002006, CA1596L9D002004, CA0792L9D002012, CA0913L9D002011, CA1597L9D002004, CA1046L9D002010, CA1502L9D002005, CA1504L9D002005, CA0339L9D002013, CA1104L9D002004, CA1109L9D002004, CA1505L9D002005, CA1688L9D002003, CA0421L9D002013, CA0742L9D002013, CA0860L9D002006, CA1157L9D002009, CA1218L9D002008, CA1219L9D002008, CA1342L9D002006, CA1344L9D002006, CA1687L9D002003 12/14/2022 B City and County of Denver Department of Housing Stability CO0055L8T032013, CO0055L8T032114, CO0026L8T032114, CO0104L8T032013, CO0104L8T032114, CO0154L8T032003, and CO0154L8T032104. 12/14/2022 B Homeless Services Network of Central Florida, Inc FL0605L4H072005, FL0605L4H072106, FL0562L4H072005, FL0562L4H072106, FL0566L4H072005, FL0566L4H072106, FL0561L4H072005, FL0561L4H072106 12/14/2022 B Neighborhood House OR0222L0E012004 12/14/2022 B Impact NW WA0276L0T082108 11/18/2022 B Regional Taskforce on Homelessness CA1814Y9D012001, CA1816Y9D012001 CA1818Y9D012001, CA1814Y9D012102 CA1816Y9D012102, CA1818Y9D012102 11/18/2022 B City of Albuquerque NM0101L6B002106, NM0014L6B002114, NM0015L6B002114 11/18/2022 B Laurel House PA0957D3T042102 11/18/2022 B Amador-Tuolumne Community Action Agency CA1588L9T2672004 11/18/2022 B Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, challenges securing 12-month leases due to landlord trepidation or low vacancy rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. CoC—Permanent Housing Rapid Re-Housing Limit to 24 Months Rental Assistance • Regulation: 24 CFR 578.37(a)(1)(ii), 24 CFR 578.51(a)(1)(i), 24 CFR 578.37(a)(1)(ii), and 24 CFR 578.37(a)(1)(ii)(C). Nature of Requirement: 24 CFR 578.37(a)(1)(ii) and 24 CFR 578.51(a)(1)(i) defines medium term rental assistance as 3-24 months and 24 CFR 578.37(a)(1)(ii) and 24 CFR 578.37(a)(1)(ii)(C) limits rental assistance in Rapid Re-housing projects to medium-term rental assistance, or no more than 24 months. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirements at 24 CFR 578.37(a)(1)(ii), 24 CFR 578.37(a)(1)(ii)(C), and 24 CFR 578.51(a)(1)(i) in permanent housing rapid-rehousing projects for program participants who will have reached their 24-months of rental assistance between the publication of this Notice and March 31, 2023 and who will not be able to afford their rent without additional rental assistance. Program participants who have reached their 24-months of rental assistance during this time will be eligible to receive additional rental assistance from the effective date of a HUD-approved waiver until March 31, 2023. Grantee Grant No(s). Date granted Reasons waived St. Jude's Ranch for Children NV0119L9T002104, NV0082L9T002108 10/3/2022 A, B County of Santa Clara CA1385L9T002005, CA1385L9T002106, CA1528L9T002004, CA1528L9T002105, CA1728D9T002002, and CA1728D9T002103 10/11/2022 A, B State of Connecticut Department of Housing CT0242L1E052007, CT0279L1E052106, CT0294L1E052105, CT0301L1E032104, CT0306L1E052104, CT0317Y1E052002, CT0326D1E032103, CT0330D1E052103, CT0336D1E032001, CT0336D1E032102, CT0338D1E052001, CT0338D1E052102, CT0339L1E052001, CT0339L1E052102, CT0352Y1E052100 10/11/2022 A, B Gulfstream Goodwill FL0843Y4D051899, FL0843Y4D052101 10/27/2022 A, B Community Action Partnership of Lancaster and Saunders Counties NE0106L7D022105 11/4/2022 A, B United Neighborhood Centers of Northeastern Pennsylvania PA0806L3T082004 11/14/2022 A, B Liberty Community Services, Inc CT0282L1E051904 11/14/2022 A City of Albuquerque NM0101L6B002106 12/14/2022 A King County Regional Homelessness Authority WA0295L0T002107, WA0319L0T002106, WA0363L0T002105, WA0366L0T002105, WA0412D0T002103, WA0485Y0T002100 12/14/2022 A, B City of Cambridge, Massachusetts MA0543L1T092106, MA0637D1T092103, and MA0638L1T092103 12/14/2022 A Los Angeles Homeless Services Authority CA1335L9D002107, CA1336L9D002107, CA1487L9D002106, CA2027D9D002100, CA2026D9D002100, CA1879D9D002102, CA0358L9D002114 12/14/2022 A, B Carson Valley Children's Aid PA1023D3T042100 12/14/2022 A City and County of Denver Department of Housing Stability CO0154L8T032003, CO0154L8T032104 12/14/2022 A Homeless Services Network of Central Florida, Inc FL0605L4H072005, FL0605L4H072106, FL0562L4H072005, FL0562L4H072106 12/14/2022 A Neighborhood House OR0222L0E012004 12/14/2022 A Regional Taskforce on Homelessness CA1814Y9D012001, CA1816Y9D012001, CA1818Y9D012001, CA1814Y9D012102, CA1816Y9D012102, CA1818Y9D012102 11/18/2022 B City of Albuquerque NM0101L6B002106 11/18/2022 A Orange County, NC NC0485L4F132100 11/18/2022 A, B Lawrence County Community Action Partnership PA0775L3E012106 and PA0901L3E012104 11/18/2022 B Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness, lower wages or higher unemployment rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. CoC—Disability Documentation for Permanent Supportive Housing • Regulation: 24 CFR 578.103(a) and 24 CFR 578.103(a)(4)(i)(B). Nature of Requirement: Intake-staff recorded observations of disability is acceptable evidence when documenting disability for individuals and families that meet the “chronically homeless” definition at 24 CFR 578.3. However, the CoC Interim Rule requires such observations to be confirmed and accompanied by other evidence no later than 45 days from the application for assistance. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirements at 24 CFR 578.103(a) and 24 CFR 578.103(a)(4)(i)(B) that staff-recorded observation of disability be confirmed and accompanied by other evidence no later than 45 days from the application for assistance documentation until the expiration of this Notice. Note that a written certification by the individual seeking assistance that they have a qualifying disability will be acceptable documentation approved by HUD under 24 CFR 578.103(a)(4)(i)(B)(5) until the expiration of this Notice. Grantee Grant No(s). Date granted Reasons waived La Casa Norte IL0594L5T102006, IL0666L5T102004, IL0594L5T102107, IL0666L5T102105 10/11/2022 A, B Revive Center for Housing and Healing IL0126L5T102013, IL0126L5T102114 10/11/2022 A County of Santa Clara CA0021L9T002013, CA0021L9T002114, CA0003L9T002011, CA0003L9T002112, CA0825L9T002008, CA0825L9T002109, CA0001L9T002010, CA0001L9T002111, CA1274L9T002006, CA1274L9T002107, CA1526L9T002003, CA1526L9T002104, CA1059L9T002008, CA1059L9T002109, CA0014L9T002013, CA0014L9T002114, CA1384L9T002004, CA1384L9T002105, CA1729L9T002002, CA1729L9T002103, CA0746L9T002012, CA0746L9T002113, CA1909L9T002001, CA1909L9T002102, CA1910L9T002001, CA1910L9T002102, CA1966L9T002100 10/11/2022 A, B Gulfstream Goodwill FL0289L4D052013, FL0289L4D052114, FL0347L4D052009, FL0347L4D052110, FL0503L4D052007, FL0503L4D052108, FL0842Y4D051899, FL0842Y4D052101 10/27/2022 B City of Oklahoma City OK0044L6I022112, OK0020L6I022112, OK0053L6I022111, OK0024L6I022114 11/4/2022 A Hope Community Services, Inc OK0035L6IO42114 11/4/2022 A United Neighborhood Centers of Northeastern Pennsylvania PA0382L3T082012, PA0581L3T082009 11/14/2022 A, B Chicago House and Social Service Agency IL0108L5T102114, IL0215L5T102114 12/14/2022 A, B City of Albuquerque NM0015L6B002114, NM0014L6B002114 12/14/2022 A King County Regional Homelessness Authority WA0466L0T002102, WA0410L0T002102, WA0390L0T002102, WA0384L0T002103, WA0364L0T002105, WA0345L0T002104, WA0344L0T002105, WA0320L0T002106, WA0318L0T002106, WA0316L0T002106, WA0297L0T002107, WA0259L0T002109, WA0244L0T002109, WA0239L0T002111, WA0228L0T002111, WA0227L0T002108, WA0213L0T002111, WA0053L0T002114, WA0048L0T002114, WA0045L0T002114, WA0036L0T002114, WA0034L0T002114, WA0033L0T002114, WA0018L0T002114, WA0001L0T002112 12/14/2022 B City and County of Denver Department of Housing Stability CO0055L8T032013, CO0055L8T032114, CO0026L8T032114, CO0104L8T032013, and CO0104L8T032114 12/14/2022 A, B Homeless Services Network of Central Florida, Inc FL0563L4H072005, FL0563L4H072106, FL0331L4H072009, FL0331L4H072110, FL0093L4H072013, FL0093L4H072114, FL0566L4H072005, FL0566L4H072106, FL0561L4H072005, FL0561L4H072106 12/14/2022 A, B Community Action Pioneer Valley MA0691Y1T071800, MA0735Y1T072100, MA0401L1T072110, MA0633L1T072103, MA0604L1T072104, MA0072L1T072114, MA0353L1T072112, MA0468L1T072108, MA0731L1T072100 12/14/2022 A Impact NW WA0276L0T082108 11/18/2022 B City of Albuquerque NM0014L6B002114, NM0015L6B002114 11/18/2022 B Heartland Health Outreach, Inc IL0097L5T102114, IL0179L5T102114, IL0180L5T102114, IL0216L5T102114, IL0269L5T112114, IL0374L5T102111, IL0393L5T102113 11/18/2022 A, B Breakthrough Urban Ministries IL0163L5T102114, IL0389L5T102113 11/18/2022 A Center for Housing and Health IL0493L5T102109 11/18/2022 B Code Key for Reasons Waived: A. Insufficient staffing levels to carry out activities due to the pandemic's impact on the community or jurisdiction. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness or people living with HIV). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. Expedited COVID-19 Waivers (Notice CPD-22-09)—ESG ESG—Assisting Program Participants With Subleases • Regulation: 24 CFR 576.105; 24 CFR 576.106. Nature of Requirement: The use of “owner” and “lease” in 24 CFR 576.105 and 576.106 restrict program participants from receiving rental assistance under 24 CFR 576.106 and certain services under 24 CFR 576.105 with respect to units that program participants sublease or lease from a person other than the owner or the owner's agent. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the regulatory requirements in 24 CFR 576.105 and 576.106 to the extent that the references to “owner” and “lease” in 24 CFR 576.105 and 576.106 restrict program participants from receiving assistance in units they sublease from the primary leaseholder, provided that the recipient is able to assure HUD that: (i) The waiver will be used only when the program participant chooses to rent a unit through a legally valid sublease with the primary leaseholder for the unit; and (ii) The recipient has developed written policies to apply the requirements of 24 CFR 576.105, 24 CFR 576.106, 24 CFR 576.409, and 24 CFR 576.500(h) with respect to that program participant by reading the references to “owner” and “housing owner” to apply to the primary leaseholder and reading the references to “lease” to apply to the program participant's sublease or lease with primary leaseholder. In addition, to be considered for expedited processing, the waiver request must specify the period during which the recipient needs to house program participants using this flexibility, and that period must not extend beyond March 31, 2023, although the recipient may request that the waiver remain applicable to any sublease approved during that period until the earlier of the end of the program participant's otherwise allowable term of assistance or the end of the period of performance/approved budget period(s) for the recipient's grant(s) covered by the waiver. Grantee Grant No(s). Date granted Reasons waived City and County of Denver E-21-MC-08-0005, E22-08-0005 11/4/2022 A City of Las Vegas E-21-MC-32-0001 11/4/2022 A, B City of Tampa E-21-MC-12-0020, E-22-MC-12-0020 11/4/2022 A, B Bexar County E-21-UC-48-0500 11/4/2022 A City of Modesto E-21-MC-06-0002, E-22-MC-06-0002 11/14/2022 A California Department of Housing and Community Development E-22-DC-06-0001, E-21-DC-06-0001 11/14/2022 A Neighborhood Services Department E-21-MC0-40-502, E-21-MC0-40-502 11/18/2022 A Cobb County Government E-21-UC-13-0002, E-22-UC-13-0002 11/18/2022 A Tennessee Housing Development Agency E-21-DC-470-001, E-22-DC-470-001 11/18/2022 A Economic Development Department E-21-MC-060-542, E-22-MC-060-542 11/14/2022 A Maryland Department of Housing and Community Development E-21-DC-240-001, E-22-DC-240-001 11/14/2022 A Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. ESG—Durational Limits on Housing Relocation and Stabilization Services • Regulation: 24 CFR 576.105(b)(2); 24 CFR 576.105(c). Nature of Requirement: 24 CFR 576.105(b)(2) limits the provision of housing stability case management to 30 days while the program participant is seeking permanent housing and to 24 months during the period the program participant is living in housing. 24 CFR 576.105(c) limits the total amount of time a program participant may receive services under 24 CFR 576.105(b) to 24 months during any 3-year period. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive one or more of the 24-month limits under 24 CFR 576.105(a)(5), 24 CFR 576.105(b)(2), and 24 CFR 576.105(c) for program participants who continue to need assistance beyond the 24-month limit(s) to maintain housing stability Additionally, this notice provides for expedited process of recipient requests to waive 24 CFR 576.105(b)(2) to allow recipients to pay for housing stability case management for up to 60 days while the program participant is seeking housing. Grantee Grant No(s). Date granted Reasons waived City and County of Denver E-21-MC-08-0005, E22-08-0005 11/4/2022 A New Bedford Office of Housing and Community Development E-21-MC-25-0018, E-22-MC-25-0018 11/4/2022 A City of Las Vegas E-21-MC-32-0001 11/4/2022 A City of Tampa E-21-MC-12-0020, E-22-MC-12-0020 11/4/2022 A Bexar County E-21-UC-48-0500 11/4/2022 A City of Modesto E-21-MC-06-0002, E-22-MC-06-0002 11/14/2022 A California Department of Housing and Community Development E-22-DC-06-0001, E-21-DC-06-0001 11/14/2022 A City of Columbus Department of Development E-22-MC-39-0009 11/14/2022 B Salt Lake City Corporation E-21-MC4-90-004, E-22-MC4-90-004 12/14/2022 A Neighborhood Services Department E-21-MC0-40-502, E-21-MC0-40-502 11/18/2022 A Cobb County Government E-21-UC-13-0002, E-22-UC-13-0002 11/18/2022 A Arundel Community Development Services E-21-UC-24-0010, E-22-UC-24-0010 11/18/2022 A Tennessee Housing Development Agency E-21-DC-470-001, E-22-DC-470-001 11/18/2022 A City of Cincinnati Office of the City Manager E-21-MC-390-003, E-22-MC-390-003 11/14/2022 A Economic Development Department E-21-MC-060-542, E-22-MC-060-542 11/14/2022 A, B Maryland Department of Housing and Community Development E-21-DC-240-001, E-22-DC-240-001 11/14/2022 A, B County of Bucks, Department of Housing & Community Development E-21-UC-42-0004 11/14/2022 A Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing due to increased rental rates, low vacancy rates or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness, lower wages or higher unemployment rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. ESG—24-Month Limit on Rental Assistance • Regulation: 24 CFR 576.106(a). Nature of Requirement: 24 CFR 576.106(a) limits the total amount of time a program participant may receive rental assistance to 24-months during a 3-year period. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the 24-month limit on rental assistance under 24 CFR 576.106(a) for program participants who have received 24-months of rental assistance over a 3-year period but will not be able to afford their rent without additional rental assistance. Grantee Grant No(s). Date granted Reasons waived City and County of Denver E-21-MC-08-0005, E22-08-0005 11/4/2022 A, B City of Las Vegas E-21-MC-32-0001 11/4/2022 A City of Tampa E-21-MC-12-0020, E-22-MC-12-0020 11/4/2022 A Bexar County E-21-UC-48-0500 11/4/2022 A City of Modesto E-21-MC-06-0002, E-22-MC-06-0002 11/14/2022 A California Department of Housing and Community Development E-22-DC-06-0001; E-21-DC-06-0001 11/14/2022 A Salt Lake City Corporation E-21-MC4-90-004, E-22-MC4-90-004 12/14/2022 A Cobb County Government E-21-UC-13-0002, E-22-UC-13-0002 11/18/2022 A, B Collier County Government E-21-UC-120-016, E-22-UC-120-016 11/18/2022 A Arundel Community Development Services E-21-UC-24-0010, E-22-UC-24-0010 11/18/2022 A, B Tennessee Housing Development Agency E-21-DC-470-001, E-22-DC-470-001 11/18/2022 A, B City of Cincinnati Office of the City Manager E-21-MC-390-003, E-22-MC-390-003 11/14/2022 A Economic Development Department E-21-MC-060-542, E-22-MC-060-542 11/14/2022 A, B Maryland Department of Housing and Community Development E-21-DC-240-001, E-22-DC-240-001 11/14/2022 A, B Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing due to increased rental rates, low vacancy rates or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness, lower wages or higher unemployment rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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. ESG—Restriction of Rental Assistance to Units With Rent at or Below FMR • Regulation: 24 CFR 576.106(d)(1). Nature of Requirement: 24 CFR 576.106(d)(1) provides that rental assistance cannot be provided unless the total rent is equal to or less than the FMR established by HUD, as provided under 24 CFR part 888, and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507. The following table provides a summary of the waivers HUD provided with respect to this requirement in accordance with the expedited waiver process described in Notice CPD-22-09, which is available at www.hud.gov/sites/dfiles/OCHCO/documents/2022-09cpdn.pdf. Project/Activity: Notice CPD-22-09 authorized expedited processing of recipient requests to waive the FMR-based limitation in 24 CFR 576.106(d)(1), so that a recipient can provide rental assistance to program participants in units that are above FMR, so long as the rent is reasonable when compared to other similar unassisted units. However, to be considered for expedited processing, the waiver request must specify the period during which the recipient needs to house program participants using this flexibility, and that period must not extend beyond March 31, 2023, although the recipient may request that the waiver remain applicable to any unit in which a program participant is assisted during that time period may continue to benefit from this waiver through until the earlier of the end of the program participant's otherwise allowable term of assistance or the end of the period of performance/approved budget period(s) for the recipient's grant(s) covered by the waiver. Grantee Grant No(s). Date granted Reasons waived Neighborhood Services Department E-21-MC-19-0003 10/11/2022 A City and County of Denver E-21-MC-08-0005, E22-08-0005 11/4/2022 A New Bedford Office of Housing and Community Development E-21-MC-25-0018, E-22-MC-25-0018 11/4/2022 A City of Sioux City E-21-MC-19-0006 11/4/2022 A City of Las Vegas E-21-MC-32-0001 11/4/2022 A City of Tampa E-21-MC-12-0020, E-22-MC-12-0020 11/4/2022 A Bexar County E-21-UC-48-0500 11/4/2022 A City of Modesto E-21-MC-06-0002, E-22-MC-06-0002 11/14/2022 A California Department of Housing and Community Development E-22-DC-06-0001, E-21-DC-06-0001 11/14/2022 A City of Columbus Department of Development E-22-MC-39-0009 11/14/2022 A Pasco County E-21-UC-120-009 12/14/2022 A Pierce County E-21-UC-530-002, E-22-UC-530-002 12/14/2022 A Salt Lake City Corporation E-21-MC4-90-004, E-22-MC4-90-004 12/14/2022 A Mississippi Home Corporation E-21-DC2-80-001 12/14/2022 A Neighborhood Services Department E-21-MC0-40-502, E-21-MC0-40-502 11/18/2022 A City of Dallas E-22-MC4-80-009, E-21-MC4-80-009 11/18/2022 A Cobb County Government E-21-UC-13-0002, E-22-UC-13-0002 11/18/2022 A Collier County Government E-21-UC-120-016, E-22-UC-120-016 11/18/2022 A Arundel Community Development Services E-21-UC-24-0010, E-22-UC-24-0010 11/18/2022 A Tennessee Housing Development Agency E-21-DC-470-001, E-22-DC-470-001 11/18/2022 A City of Albuquerque E-21-MC-350-001 11/18/2022 A City of Richmond E-21-MC-510-019, E22-MC-510-019 11/18/2022 A Municipality of San Juan E-21-MC-720-007 11/18/2022 A Homeless Services E-21-UC-290-001 11/18/2022 A City of Grand Rapids Community Development Department E-22-MC-26-0019 11/14/2022 A City of Cincinnati Office of the City Manager E-21-MC-390-003, E-22-MC-390-003 11/14/2022 A Economic Development Department E-21-MC-060-542, E-22-MC-060-542 11/14/2022 A Guam Housing and Urban Renewal Authority E-21-ST-66-0001, E-22-ST-66-0001 11/14/2022 A Maryland Department of Housing and Community Development E-21-DC-240-001, E-22-DC-240-001 11/14/2022 A County of Bucks, Department of Housing & Community Development E-21-UC-42-0004 11/14/2022 A Code Key for Reasons Waived: A. Potential negative impacts of the pandemic on providing assistance to program participants, including the delay of identifying housing due to increased rental rates, low vacancy rates, challenges securing lower rates due to landlord trepidation or the onset of housing instability. B. Local pandemic-specific delays or limitations ( e.g., social distancing requirements, delays in obtaining necessary paperwork due to office closures or staffing shortages, low vaccination rates or high hospitalization rates of people experiencing homelessness, lower wages or higher unemployment rates). Granted By: Marion McFadden, Principal Deputy Assistant Secretary for Community Planning and Development. Contact: More information about each waiver and a copy of the request and the approval may be obtained by contacting: 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 203.604 Contact with the Mortgagor. Project/Activity: Temporary, Partial Waiver of Servicing Mortgagee's Responsibility to Contact Mortgagor in Person. Nature of Requirement: 24 CFR 203.604 Contact with the Mortgagor, under Mortgagee Actions under Subpart C— Servicing Responsibilities of 24 CFR part 203 Single Family Insurance, requires mortgagees to have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are unpaid. If default occurs in a repayment plan arranged other than during a personal interview, the mortgagee must have a face-to-face meeting the mortgagor, or make a reasonable attempt to arrange such a meeting within 30 days after such default and at least 30 days before foreclosure is commenced, or at least 30 days before assignment is requested if the mortgage is insured on Hawaiian home land pursuant to section 247 or Indian land pursuant to section 248 or if assignment is requested under § 203.350(d) for mortgages authorized by section 203(q) of the National Housing Act. Granted by: Julia R. Gordon, Assistant Secretary for Housing—FHA Commissioner. Date Granted: December 19, 2022. Reason Waived: HUD's servicing requirement for FHA-insured forward mortgages requires that a mortgagee conduct a face-to-face interview with the borrower, which is not practical given the public health recommendations being disseminated by local, state, and federal government agencies to limit contact between individuals, in order to contain the spread of the COVID-19 virus and its variants. HUD recognizes that, beyond government recommendations, there is public concern about possible transmission of COVID-19 from in-person contact, and that mortgagees and borrowers may be hesitant to meet in-person. FHA-approved mortgagees have been able to successfully establish contact with borrowers through alternate methods, gather and convey required information, and determine the borrower's circumstances and appropriate repayment plans, as required by 24 CFR 203.604, without a face-to-face interview. The waiver was granted to protect the public health while ensuring delinquent borrowers were provided the opportunity to learn about options available to bring their mortgages current. Contact: Graham Mayfield, Acting Director, Office of Single Family Asset Management, Office of Housing, 451 Seventh Street SW, Room 9172, Washington, DC 20410, telephone (202) 402-2826, Graham.B.Mayfield@hud.gov. • Regulation: 24 CFR 219.220(b)(1995) “Payment and Repayment of Operating Assistance” of the Federal Housing Administration's (FHA) regulations”. Project/Activity: Redeemers Arms aka Dale Street Place FHA No. 092-SH017T. Nature of Requirement: That provision sets forth the requirements that govern the repayment of operating assistance under the Flexible Subsidy Program for Troubled Projects and 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 sale of the project.” Granted by: Julia R. Gordon, Assistant Secretary for Housing-Federal Housing Commissioner. Date Granted: December 15, 2022. Reason Waived: The regulation at 24 CFR 219.220(b)(1995) was waived to permit the deferment of the outstanding balance of the Flexible Subsidy Loans, plus accrued interest, for Redeemers Arms aka Dale Street Place, and permit the Owner to repay the loans through a repayment plan. The waiver allowed the owner to refinance the property in order to complete much needed rehabilitation. Contact: Saadia Figueroa-Smallwood, Office of Housing, 400 W Bay Street, Room 1015, Jacksonville, FL 32202, telephone (904) 208-6026, email: Saadia.E.Figueroa-Smallwood@hud.gov. III. Regulatory Waivers Granted by the Office of Public and Indian Housing For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR 982.161 (a). Project/Activity: Morgan Metropolitan Housing Authority's request to waive HCV regulation stating any present or former member/officer of PHA may not have any direct or indirect interest in the HAP contract. Nature of Requirement: The regulation at 24 CFR 982.161 (a) allows HUD to evaluate good cause on a case-by-case basis based primarily (though not exclusively) on the needs of assisted families directly affected by removal of the units in question from the affordable housing inventory in a rural area without expansive amounts of other rental housing available. Granted By: Dominique Blom, General Deputy Assistant Secretary for Public and Indian Housing. Date Granted: October 5, 2022. Reason Waived: In May of 2022, the former Executive Director of MMHA, Ms. Haley Hook, discovered that she would be violating Section 13 of HUD Form 5264 by allowing her husband to participate as a landlord in MMHA's housing programs; she subsequently resigned. Upon resignation, her spouse (Mr. John Patterson) would like to continue participating in the Housing Choice Voucher Program as a landlord without waiting the one-year period outlined in Section 13 of the HAP contract and § 982.161(a). Mr. Patterson currently serves five clients through MMHA's Housing Choice Voucher program. MMHA has stated that Mr. Patterson's participation is essential to this PHA because Morgan County substantially lacks available, affordable housing and the participation of landlords. MMHA is a small rural housing authority located in southeastern Ohio. MMHA has also represented that terminating the HAP contracts would result in an undue burden on the five HCV participants living in an area where it would be difficult to locate and obtain other HCV eligible units. Contact: Kristen Arnold, Housing Programs Specialist, Office of Public and Indian Housing, 451 Seventh Street SW, Washington, DC 20410, telephone 971-222-2667. • Regulation: SEMAP 24 CFR 985.101 (a). Project/Activity: Irvington HA requests a waiver of 24 CFR 985.101 submission of the SEMAP certification form within 60 days after the FYE: 3/31/2022. Nature of Requirement: This regulation states that a public housing agency (PHA) must submit the Department of Housing and Urban Development (HUD) required SEMAP certification form within 60 calendar days after the end of its fiscal year. The PHA's fiscal year ended on March 31, 2022; the SEMAP certification was due on or before May 30, 2022. Granted By: Dominique Blom, General Deputy Assistant Secretary for Public and Indian Housing. Date Granted: October 10, 2022. Reason Waived: On April 5, 2022, the Irvington Housing Authority went into receivership. The Interim Executive Director resigned around the end of May 2022, which disrupted the agency's operations including the submission of the SEMAP certification in a timely manner. IHA has a new staff member ready to submit upon approval and plans to train an additional person to serve as backup to prevent further interruptions. Contact: Michelle Daniels, Housing Program Specialist, Office of Public and Indian Housing, 451 Seventh Street SW, Washington, DC 20410, telephone 202-402-6051. • Regulation: 24 CFR 983. Project/Activity: Pursuant to 24 CFR 5.110, the Pender County Housing Authority (PCHA), NC173, requests a waiver of the federal regulations within 24 CFR 983 that outline requirements for selection of a project-based voucher proposal, selection procedures for PHA-owned units, as well as restrictio [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-14304. Public record. Not legal advice.