HUD PIH Notice § 2020-05
COVID-19 Statutory and Regulatory Waivers for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program (HUD PIH Notices)
HUD guidance — not codified law
Superseded
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2020-05
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
SPECIAL ATTENTION OF: NOTICE PIH 2020-05
Office Directors of Public Housing;
Regional Directors; Public Housing Issued: April 10, 2020
Agencies; Offices of Native American
Programs; Indian Tribes, and Expires: This notice remains in effect until
Tribally Designated Housing Entities amended, superseded or rescinded.
.
Cross References: PIH Notice 2018-18; PIH
Notice 2019-11; PIH Notice 2011-64; 82 FR
5458 (January 18, 2017); 83 FR 35490 (July
26, 2018)
______________________________________________________________________________
SUBJECT: COVID-19 Statutory and Regulatory Waivers for the Public Housing,
Housing Choice Voucher, Indian Housing Block Grant and Indian Community
Development Block Grant programs, Suspension of Public Housing Assessment
System and Section Eight Management Assessment Program
1. PURPOSE
Pursuant to the authority provided under the Coronavirus Aid, Relief and Economic Security
(CARES) Act (Public Law 116-136), HUD is waiving and establishing alternative
requirements for numerous statutory and regulatory requirements for the Public Housing
program, Housing Choice Voucher (HCV) program, Indian Housing Block Grant (IHBG)
program, and Indian Community Development Block Grant (ICDBG) program. These
waivers provide administrative flexibilities and relief to public housing agencies (PHAs),
Indian tribes, and tribally designated housing entities (TDHEs) in response to the COVID-19
national emergency. With respect to the Public Housing and HCV programs, use of these
waivers is at the discretion of the PHA; however, HUD strongly encourages PHAs to utilize
any and all waivers and alternative requirements as necessary to keep public housing and
HCV programs operational to the extent practicable.
This notice also provides information on additional actions HUD is taking, including the
temporary suspension of the Public Housing Assessment System (PHAS) and the Section
Eight Management Assessment Program (SEMAP).
2. BACKGROUND
An outbreak of a respiratory disease caused by a novel (new) coronavirus has as of this date
been detected in over 200 countries world-wide, including in the United States. The virus has
been named “severe acute respiratory syndrome coronavirus 2” (SARS-CoV-2) and the
disease it causes has been named “Coronavirus Disease 2019” (“COVID-19”). On January
31, 2020, Secretary of Health and Human Services Alex M. Azar II declared a public health
emergency for the United States to aid the nation’s healthcare community in responding to
COVID-19. On March 13, 2020, President Trump declared the COVID-19 pandemic a
national emergency.
The Federal Government is working closely with state, local, Tribal, and territorial partners,
as well as public health partners, to respond to this public health threat. While various parts
of the country are experiencing different levels of COVID-19 activity all 50 states have
reported cases of COVID-19 to the Centers for Disease Control and Prevention (CDC).
The COVID-19 pandemic presents significant challenges for HUD and our PHA, Tribal, and
TDHE partners to continue to carry out HUD’s fundamental mission to provide decent, safe,
and sanitary affordable housing for low-income families. Program operations have been
severely impacted as PHAs, tribes, and TDHEs comply with critically important advisories
and directives from public health professionals, including social distancing and other
preventive practices that will slow the spread of COVID-19 and reduce the risk of exposure.
On March 27, 2020, President Trump signed the CARES Act into law, which authorizes over
$2 trillion in emergency assistance and health care response for individuals, families and
businesses affected by the COVID-19 pandemic, and emergency appropriations to support
Executive Branch agency operations during the COVID-19 pandemic. The CARES Act
further provides HUD with broad authority, in the context of the current public health
emergency, to waive statutes and regulations (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) for the Public Housing and HCV
programs, IHBG program, and ICDBG program. Through issuance of this notice, HUD is
exercising this authority to provide PHAs, Indian tribes, and TDHEs with flexibility to adjust
program practices where necessary to prioritize mission critical functions when normal
operations are restricted and severely constrained, further prevent the spread of COVID-19,
and mitigate the health risks posed by COVID-19 to PHA, Tribal, and TDHE staff, families,
landlords, and their communities at large.
Note that the CARES Act also provides supplemental funding for the Public Housing and
HCV programs as well as additional funding flexibilities with Operating and Capital funds
for the Public Housing program. HUD will publish additional guidance describing the
eligible uses of these additional funds, the allowable fungibility between the Operating and
Capital Funds, and the process by which HUD will distribute the funds for the public housing
and HCV program. HUD will also publish Implementation Notices in the very near future
for both the IHBG and ICDBG programs funded under the CARES Act. These Notices will
further describe eligible uses as well as the process by which HUD will distribute these
funds.
3. CONTINUED OPERATIONS DURING THE COVID-19 NATIONAL EMERGENCY
The waivers implemented through this notice provide administrative relief and allow for
alternative approaches to various aspects of PHA, Tribal, and TDHE operations. With this
flexibility, HUD strongly encourages PHAs, Indian tribes, and TDHEs to continue using
available funding to house families, keep families in their homes, and conduct critical
operations that can be done remotely and safely. Some critical functions for PHAs include,
but are not limited to issuing vouchers so families can find housing, processing Requests for
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Tenancy Approvals (RFTAs) so families can be approved to move into a unit, processing
requests for portability moves, ensuring occupancy of Public Housing units, processing
minimum rent hardship exemptions, and completing reexaminations for participants who
have experienced a decrease in income. Some critical functions for Indian tribes and TDHEs
include but are not limited to ensuring low income Native American families remain housed,
alleviating severe overcrowding, and carrying out eligible affordable housing activities.
HUD encourages PHAs, Indian tribes, and TDHEs to apply the waivers authorized in this
notice based on local circumstances and needs. HUD also encourages PHAs, Indian tribes,
and TDHEs to document and expeditiously implement plans for alternative procedures in
order to provide stable housing for some of our country’s most vulnerable families.
Alternative processes may include electronic transmission of information to families,
conducting briefings online, conducting conference calls, or using self-service features on the
PHA’s, Indian tribe’s, or TDHE’s website if available, and providing business-reply
envelopes or secure drop-box apparatuses for document or rent submission for assisted
families that do not have access to the Internet.
PHAs and industry groups are encouraged to work together with each other and with HUD
during this challenging time to share ideas on how these critical functions can continue in
order to house families. Likewise, it is imperative that Indian tribes, as well as regional and
national organizations representing Native American housing interests, work together and
with HUD’s Office of Native American Programs (ONAP) and its area offices to find and
share safe and efficient methods to carry out affordable housing activities to support low-
income Indian families and their health in Indian Country and across the nation.
It is important to note that, for the Public Housing and HCV programs, HUD has not
provided waiver authority that would allow tenants to stop paying their portion of the rent as
determined by the PHA. Thus, it is critically important for PHAs to have revised procedures
in place to allow for the timely completion of interim reexaminations for decreases in family
income (see further discussion of this topic and the waiver authority/alternative requirement
(PH and HCV-3) provided in section 7 of this notice).
4. WAIVER AND ALTERNATIVE REQUIREMENT AUTHORITY
These waivers and alternative requirements are established under the authority of the CARES
Act as well as Secretary Carson’s finding that these waivers and alternative requirements are
necessary for the safe and effective administration of the Public Housing and HCV programs,
consistent with the purposes described under the CARES Act, to prevent, prepare for, and
respond to COVID-19.
The Secretary may waive and/or establish alternative requirements for additional statutory
and regulatory provisions in addition to these waivers by subsequent notice.
With respect to the waivers and alternative requirements under Native American programs,
such waivers and alternative requirements are also established under the authority of the
CARES Act and Secretary Carson’s finding that all waivers provided under this Notice are
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necessary to expedite or facilitate the use of Indian Housing Block Grant and Indian
Community Development Block Grant funds to prevent, prepare for, and respond to the
coronavirus. HUD plans to continue to issue more waiver relief as the COVID-19 pandemic
unfolds, and Indian tribes and TDHEs are encouraged to submit any additional waiver
requests to their area ONAPs. HUD will consider all requests and determine whether to
approve additional relief.
5. WAIVER AND ALTERNATIVE REQUIREMENT APPLICABILITY
Through this notice HUD is making the waivers and alternative requirements listed in this
notice effective immediately for those PHAs that elect to adopt them. PHAs may adopt the
use of these waivers at any time during the period of availability (see Section 6 below).
With respect to the Public Housing program, the CARES Act provides that the Secretary may
waive or specify alternative requirements for any provision of any statute or regulation that
the Secretary administers in connection with the use of amounts made available under the
CARES Act supplemental appropriation, the FY 2020 Operating Fund and Capital Fund
appropriations, and any prior Operating Fund or Capital Fund appropriations.
With respect to the HCV program, the CARES Act provides that the Secretary may waive or
specify alternative requirements for any provision of any statute or regulation that the
Secretary administers in connection with the use of amounts made available under the
CARES Act supplemental appropriation or under the FY 2020 Tenant-Based Rental
Assistance (TBRA) appropriation. This means the waiver/alternative requirements are
applicable to the HCV program, including special purpose vouchers such as Mainstream
vouchers, Family Unification Program (FUP) vouchers, and HUD-VASH vouchers, provided
that HCV program operations including those special purpose vouchers are supported by
amounts provided by the FY 2020 TBRA appropriation (including FY 2020 renewal funding,
FY 2020 administrative fees, and FY 2020 new special purpose voucher allocations) or
amounts from the CARES Act supplemental appropriation during the period of applicability.
The use of these waivers is at the discretion of the individual PHA. A PHA may choose to
apply all, some, or none of the waivers to their Public Housing and HCV programs. (PHAs
may continue to request regulatory waivers from HUD in accordance with Notice PIH 2018-
16 for waivers that are not covered by this notice, however, the PHA may not implement
those waivers until the waiver request is approved by HUD.)
Some of the waivers require the use of alternative requirements. If the PHA adopts a waiver
with an alternative requirement, the PHA must comply with all the terms and conditions of
the alternative requirement. Please see the individual waiver descriptions for information on
the applicable alternative requirements.
PHAs are required to keep written documentation that record which waivers the PHA applied
to their programs(s) and the effective dates. A summary of the available waivers/alternative
requirements and a suggested format for such documentation is included as an attachment to
this notice. A PHA does not need to notify HUD or receive HUD approval to begin utilizing
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these waivers/alternative requirements. However, HUD may subsequently require the PHA
to provide information to HUD on the waivers used by the PHA and the date the PHA
applied the waiver to its program(s).
If a PHA chooses to apply any of the waivers provided for in this notice, the PHA is required
to notify residents and owners of any impacts that the waiver and alternative requirement
(where applicable) may have on them by whatever means it considers most effective as soon
as practicable. HUD recognizes that the COVID-19 public health emergency presents unique
challenges from a staffing and communication perspective and encourages PHAs to adapt
their communications in consideration of local conditions and resources. For example, a
PHA may need to initially provide this notification by placing information on its website and
as a voice-mail message and following up with more formal written notice as circumstances
allow.
HUD reminds PHAs that all materials, notices, and communications to families regarding the
use of the waiver authorities must be clearly communicated and provided in a manner that is
effective for persons with hearing, visual, and other communication-related disabilities
consistent with Section 504 of the Rehabilitation Act (Section 504) and HUD’s Section 504
regulation, and Titles II or III of the Americans with Disabilities Act (ADA) and
implementing regulations. Section 504 and the ADA require recipients to ensure effective
communication with applicants, participants, and members of the public and to provide
appropriate auxiliary aids and services where necessary to afford individuals with hearing,
vision, and other communication-related disabilities an equal opportunity to access
information. PHAs must provide appropriate auxiliary aids and services necessary to ensure
effective communication in all notices and communications, which includes ensuring that
information is provided in appropriate accessible formats as needed, e.g., Braille, audio, large
type, assistive listening devices, and sign language interpreters, accessible websites and other
electronic communications (See 24 CFR 8.6, 28 CFR 35.160, and 28 CFR 36.303). PHAs
must also continue to take reasonable steps to ensure meaningful access to their programs
and activities to Limited English Proficient (LEP) individuals. As an aid to recipients, HUD
published Final Guidance to Federal Financial Assistance Recipients: Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons (LEP
Guidance) in the Federal Register on January 22, 2007 (72 FR 2732). LEP guidance and
information is available here: https://www.federalregister.gov/documents/2007/01/22/07-
217/final-guidance-to-federal-financial-assistance-recipients-regarding-title-vi-prohibition-
against
6. PERIOD OF AVAILABILITY.
With respect to the Public Housing and HCV programs, pursuant to the CARES Act, the
waivers/alternative requirements are effective for immediate use by PHAs as of the date of
this notice. The specific statute and regulation being waived (or solely the regulation if no
statutory requirement is being waived), the period of availability, and the alternative
requirement (if applicable), are found in sections 7 through 12 of this notice. The period of
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availability for these waivers/alternative requirements, collectively or individually, may be
extended by PIH notice should HUD determine this to be necessary. PHAs are not required
to keep the waiver/ alternative requirement in-place for the full period of availability
(including any extension) but may at any time choose to revert to regular program
requirements and operations.
The period of availability for the Public Housing and HCV waivers is in most cases either
one of short-term or longer-term duration. Short-term waivers generally end on July 31,
2020, while the longer-term waivers typically expire on December 31, 2020. Short term
waivers provide PHAs with essential flexibilities when normal operations are severely
disrupted. Longer term waivers include waivers that permit PHAs to defer important but less
critical functions to focus on their most vital responsibilities and effectively manage their
transition back to normal operations. Other waivers have unique dates, such as when the
period of availability is dependent on a PHA’s fiscal year end date or based on a specific
action or activity.
With respect to Native American programs, pursuant to the CARES Act, waivers and
alternative requirements provided under the IHBG program and the ICDBG program are
deemed to be effective as of the date the Indian tribe or TDHE began preparing for COVID-
19. In accordance with the Act, this waiver relief is available only for IHBG funding and
ICDBG funding provided under the CARES Act, and IHBG and ICDBG funding
appropriated under the FY20 Consolidated Appropriations Act (Public Law 116-94).
The waivers and alternative requirements issued under the IHBG and ICDBG programs are
generally available until funds are expended, unless otherwise noted under specific waivers
below. HUD is allowing waivers and alternative requirements to remain available to Indian
tribes and TDHEs until funds are expended because all funds subject to these waivers and
alternative requirements must be used to prevent, prepare for, and respond to COVID-19.
7. WAIVERS APPLICABLE TO BOTH PUBLIC HOUSING AND HCV PROGRAMS
PH and HCV-1: PHA 5-Year and Annual Plan Submission Dates, Significant
Amendment Requirements
Statutory Authority: Section 5A(a)(1), Section 5A(b)(1), Section 5A(g), and Section
5A(h)(2) of the United States Housing Act of 1937 (hereafter “the USHA of 1937”)
Regulatory Authority: 24 CFR §§ 903.5(a)(3); 903.5(b)(3), 903.21
Description: For all PHAs, after submission of their first 5-Year Plan, all subsequent 5-Year
Plans must be submitted once every five PHA fiscal years, no later than 75 days before the
commencement of the PHA's fiscal year. Non-qualified PHAs must also submit their Annual
Plan no later than 75 days before the commencement of their fiscal year. Qualified PHAs are
not required to submit an annual plan to HUD but are required to hold an annual hearing to
discuss proposed plans for the upcoming fiscal year, and are required to submit an annual
civil rights certification.
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Due to the potential postponement of public hearings due to limitations on large public
gatherings, HUD is waiving these requirements, and providing alternative deadlines for some
PHAs. Specifically, HUD is establishing an alternative requirement under which PHAs with
6/30/20 or 9/30/20 fiscal year-end (FYE) dates must submit their 5-Year (if due in 2020) and
Annual Plans or civil rights certification for qualified PHAs no later than 10/18/20 (75 days
before 1/1/21) and PHAs with 12/31/20 FYE dates must submit their 5-Year (if due in 2020)
and annual plans no later than 1/16/21(75 days before 4/1/21). Please see the chart below:
PHA FYE Revised Submission Revised Due Date
Requirement
6/30/20 and 9/30/20 75 days before 1/1/21 10/18/20
12/31/20 75 days before 4/1/21 1/16/21
Unless HUD subsequently revises this waiver authority and alternative requirement, PHAs
with FYE dates of 3/31 are not impacted by this waiver and are required to submit the 5-Year
(if due in 2020) and Annual Plan no later than 75 days before the commencement of their
fiscal years.
In addition, the statute and regulations further provide that a significant amendment or
modification to the Annual Plan may not be adopted until the PHA has duly called a meeting
of its board of directors (or similar governing body) and the meeting, at which the
amendment or modification is adopted, is open to the public, and that notification of the
amendment or modification is provided to and approved by HUD.
HUD is waiving these requirements and establishing an alternative requirement that any
change to a PHA policy, except for changes related to Section 18, Section 22, or the Rental
Assistance Demonstration (RAD), that would normally trigger significant amendment
requirements of the PHA Plan, may be effectuated without completing the significant
amendment process.
The PHA is required to notify public housing residents and HCV families of any impacts that
the significant amendment may have on them by whatever means it considers most effective
as soon as practicable. As noted earlier, HUD recognizes that the COVID-19 public health
emergency presents unique challenges from a staffing and communication perspective and
encourages PHAs to adapt their communications in consideration of local conditions and
resources. For example, a PHA may need to initially provide this notification by placing
information on its website and as a voice-mail message and following up with more formal
written notice as circumstances allow. All materials, notices, and communications must be
clearly communicated and provided in a manner that is effective for persons with hearing,
visual, and other communication-related disabilities consistent with Section 504 of the
Rehabilitation Act (Section 504) and HUD’s Section 504 regulation, and Titles II or III of the
Americans with Disabilities Act (ADA) and implementing regulations.
Period of Availability: The period of availability for the waiver of the significant amendment
process ends on July 31, 2020. The period of availability for the 5-Year/Annual Plan
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submission varies depending on the end date of the PHA fiscal year. Please see the
description section above.
PH and HCV-2: Family Income and Composition: Delayed Annual Examinations
Statutory Authority: Section 3(a)(1) of the USHA of 1937
Regulatory Authority: 24 CFR § 982.516(a)(1) - HCV
Regulatory Authority: 24 CFR § 960.257(a) - Public Housing
Description: PHAs are required to conduct a reexamination of family income and
composition at least annually. Recognizing the foreseeable difficulties in complying with
this requirement in light of the COVID-19 emergency, HUD is waiving this statutory and
regulatory requirement to permit PHAs to delay annual reexaminations of HCV and public
housing families. However, if the PHA delays annual reexaminations for HCV families
under this authority, it must also comply with the alternative requirement regarding the
application of an increase in the payment standard amount during the Housing Assistance
Payment (HAP) contract term (see HCV-7 below) if applicable, so as not to delay the
application of the increased payment standard amount to the family’s HAP calculation.
Period of Availability: All annual recertifications due in Calendar Year (CY) 2020 must be
completed by December 31, 2020.
PH and HCV-3: Family Income and Composition: Annual Examination -
Income Verification requirements
Regulatory Authority: 24 CFR § 5.233(a)(2)
Sub-regulatory Guidance: PIH Notice 2018-18
Description: PHAs are required to use the Enterprise Income Verification (EIV) System for
verification of family income at the annual examination. 24 CFR § 5.233(a)(2) requires
PHAs to use EIV as a third-party source to verify tenant employment and income
information during mandatory reexaminations or recertifications of family composition and
income in accordance with §5.236 and administrative guidance issued by HUD. PIH Notice
2018-18 describes the required verification hierarchy process PHAs must follow. HUD
understands that documentation may be difficult to obtain as a result of the COVID-19 public
health emergency. PHAs are also facing challenges with securely accessing HUD systems
while many if not all staff are working remotely.
To address these challenges, HUD is waiving the requirements to use the income hierarchy
described by PIH Notice 2018-18 and will allow PHAs to forgo third-party income
verification requirements for annual reexaminations, including the use of EIV, if the PHA
wishes to conduct the annual recertification rather than delaying the family’s annual
recertification (as permitted under PH and HCV-2 above).
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During the allowable period of availability, PHAs may consider self-certification as the
highest form of income verification to process annual reexaminations. This may occur over
the telephone (but must be documented by PHA staff with a contemporaneous written
record), through an email or postal mail with a self-certification form by the tenant, or
through other electronic communications. PHAs are encouraged to incorporate procedures to
remind families of the obligation to provide true and complete information when adopting
these flexibilities.
PHAs are further reminded that there is no HUD requirement that income and family
composition examinations and recertifications must be conducted in-person unless
determined necessary as a reasonable accommodation as long as applicable public health
guidelines are followed (e.g., social distancing) and any state or local ordinance is followed.
PHAs that conduct annual examinations under this waiver/alternative requirement will be
responsible for addressing any material discrepancies that may arise later. For example, if a
tenant self-certified that the tenant lost their job, but later the EIV Income Validation Tool
(IVT) shows the tenant’s employment continued, the PHA must take enforcement action in
accordance with their policies and procedures.
Period of Availability: The period of availability to conduct annual reexaminations using
these modified verification requirements ends on July 31, 2020.
PH and HCV-4: Family Income and Composition: Interim Examinations
Statutory Authority: Section 3(a)(1) of the USHA of 1937
Regulatory Authority: 24 CFR § 5.233(a)(2) - HCV and Public Housing
Regulatory Authority: 24 CFR § 982.516(c)(2) - HCV
Regulatory Authority: 24 CFR § 960.257(b) and (d) - Public Housing
Sub-regulatory Guidance: PIH Notice 2018-18
Description: For the HCV and public housing programs, PHAs are required to adopt policies
(in their Administrative Plans and Admissions and Continued Occupancy Plans (ACOPs),
respectively) prescribing when and under what conditions the family must report a change in
family income or composition. However, at any time that a family requests an interim
determination of family income or composition because of any changes since the last
determination, the PHA must make the interim determination within a reasonable time after
the family’s request. In most cases, the reason a family requests an interim determination is
due to a loss in income or a change in family composition.
PHAs are required to use EIV for verification of family income at interim reexamination. 24
CFR § 5.233(a)(2) requires PHAs to use EIV as a third-party source to verify tenant
employment and income information during mandatory reexaminations or recertifications of
family composition and income in accordance with §5.236 and administrative guidance
issued by HUD. PIH Notice 2018-18 further describes the required verification hierarchy
process PHAs must follow.
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To assist PHAs that may be prioritizing the processing of interim reexaminations due to
decreases in family income and mitigate the challenges of transferring documentation during
periods of shelter-in-place/stay-at-home efforts in response to the COVID-19 emergency,
HUD is waiving the requirements to use the income verification hierarchy as described by
PIH Notice 2018-18. HUD will allow PHAs to forgo third-party income verification
requirements for interim reexaminations, including the required use of EIV. During the
allowable period of eligibility, PHAs may consider self-certification as the highest form of
income verification to process interim reexaminations. This may occur over the telephone
(with a contemporaneous written record by the PHA staff person), through an email with a
self-certification form by the family, or through other electronic communications.
As noted in the previous waiver description, there is no HUD requirement that income and
family composition examinations and recertifications must be conducted in-person unless it
may be necessary as a reasonable accommodation for a person with a disability as long as
applicable public health guidelines are followed (e.g., social distancing) and any local and
state ordinances is followed.
PHAs that conduct interim reexaminations under this waiver/alternative requirement will be
responsible for addressing any material discrepancies that may arise later. For example, if a
tenant self-certified that the tenant lost their job, but later the EIV IVT Report shows the
tenant’s employment continued, the PHA must take enforcement action that is consistent
with its policies and procedures.
PHAs may wish to review and adjust their interim reexamination policies (e.g., revising the
PHA requirements when families must report increases in income between annual
reexaminations or revising the policy regarding how to determine the effective date of an
interim examination). PHAs should see HCV-1 and PH-4 for information on how these types
of changes can be expedited.
Period of Availability: The period of availability ends on July 31, 2020.
PH and HCV-5: Enterprise Income Verification (EIV) Monitoring
Regulatory Authority: 24 CFR § 5.233
Sub-regulatory Guidance: PIH Notice 2018-18
Description: PIH Notice 2018-18 specifies the required monitoring of EIV reports. For
example, PHAs are required to monitor the Deceased Tenants Report, the Identity
Verification Report, the Immigration Report, the IVT Report, and the Multiple Subsidy
Report and the New Hires Report on a monthly basis. Recognizing the challenges PHAs are
facing with many if not all staff working remotely, HUD is waiving the mandatory EIV
monitoring requirements.
Period of Availability: The period of availability ends on July 31, 2020.
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PH and HCV-6: Family Self-Sufficiency (FSS) Contract of Participation; Contract
Extension
Regulatory Authority: 24 CFR § 984.303(d)
Description: Part 984 establishes the requirements for the Section 8 and Public Housing FSS
Program. Section 984.303(d) authorizes a PHA to extend a family’s contract of participation
for a period not to exceed two years upon a finding of good cause. HUD has made a
determination that the circumstances surrounding COVID-19 qualify as “good cause” to
extend family contracts, and FSS programs may consider this expanded definition of “good
cause” as they make their determinations on each family’s eligibility for an extension.
Period of Availability: The period of availability during which the PHA may extend the
family’s contract of participation using COVID-19 as the “good cause” ends on December
31, 2020.
PH and HCV-7: Waiting List: Opening and Closing; Public Notice
Regulatory Authority: 24 CFR § 982.206(a)(2)
Sub-regulatory Guidance: PIH Notice 2012-34
Description: The regulation provides that when a PHA opens its waiting list, the PHA must
give public notice by publication in a local newspaper of general circulation and also by
minority media and other suitable means. Recognizing the foreseeable difficulties in
complying with this requirement in light of the COVID-19 emergency, HUD is waiving this
requirement and is providing an alternative requirement that the PHA may provide public
notice in a voicemail message on its main or general information telephone number and
through its website (if such a PHA website is available). PHAs must comply with applicable
fair housing and other civil rights requirements when they provide public notice under this
alternative requirement, including ensuring effective communication with persons with
hearing, visual, and other communication-related disabilities. PHAs must ensure effective
communication with persons with disabilities in all notifications and communications. For
example, a PHA that chooses to provide public notice through a voice-mail message must
ensure the notice is accessible for persons with hearing impairments, which may include also
distributing the notice by email and public postings on websites. The voice-mail notice also
must comply with all other applicable civil rights requirements, including ensuring
meaningful access for persons with limited English proficiency. See 24 CFR 5.105(a)
(“Nondiscrimination and Equal Opportunity”).
Period of Availability: The period of availability ends on July 31, 2020.
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8. HOUSING CHOICE VOUCHER PROGRAM WAIVERS – HOUSING QUALITY
STANDARDS (HQS) INSPECTIONS
Introduction: HUD recognizes the unprecedented challenge the COVID-19 pandemic poses
to PHAs in carrying out the most essential of their HCV program administrative
responsibilities – ensuring that assisted families are living in decent, safe, and sanitary
housing. HQS inspections protect the health and safety of HCV families. However,
conducting physical inspections of units in many communities during this national
emergency poses its own health risks for families, participating owners, and PHA personnel,
and may run counter to public health orders, directives, or recommendations such as shelter-
in-place or other social distancing practices designed to contain and reduce exposure to
COVID-19. In order to provide PHAs with the necessary flexibilities to continue to allow
families to lease units and to postpone normally required HQS inspections for units under
HAP contract, HUD is authorizing the use of the HQS-related waivers and alternative
requirements listed in this section. PHAs are in the best position to determine which (if any)
of these waivers should be applied to their HCV programs based on the needs and current
conditions in their local communities.
PHAs that delay inspections under these waivers must inspect the units as soon as reasonably
possible when it is again safe to do so, but must complete all delayed unit inspections no later
than the date specified in this notice (or subsequent extensions provided by HUD). HUD has
established relatively short periods of availability for these HQS waivers given the health and
safety nature of these requirements. However, HUD will consider extending these HQS
waivers and alternative requirements if HUD determines an extension is necessary.
Any PHA that applies any of these waivers to its HCV program retains the right to conduct
an HQS inspection on any assisted unit at any time. Likewise, the PHA may always choose
to conduct an initial inspection on a unit a family wishes to lease if such an inspection is
determined to be warranted by the PHA, regardless of whether the PHA chooses to apply the
initial HQS inspection waivers to its HCV program. Crucially, use of any of these waivers
by the PHA does not relieve owners of their responsibility to maintain the unit in accordance
with HQS as required in the HAP contract, nor does it in any way restrict the PHA from
taking action to enforce the owner’s obligations. Furthermore, use of any of these waivers by
the PHA does not create any right in any third party (such as with the assisted family) to
require enforcement of the HQS requirements by HUD or the PHA, or to assert any claim
against HUD or the PHA, for damages, injunction or other relief, for alleged failure to
enforce the HQS (see § 982.407).
HQS-1: Initial Inspection Requirements
Statutory Authority: Section 8(o)(8)(A)(i), Section 8(o)(8(C) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 982.305(a), 982.305(b), 982.405
Description: Section 8(o)(8)(A)(i) requires that the PHA must inspect the unit before any
assistance payment is made to determine whether the unit meets HQS. Section 8(o)(8)(C)
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requires the PHA to conduct the initial inspection within certain time frames after receiving
the RFTA. Section 982.305 provides that the PHA may not approve the assisted tenancy or
execute a HAP contract until the unit has been inspected by the PHA and passes HQS.
Additionally, Section 982.305 requires that the PHA must inspect the unit to determine that
the unit satisfies the HQS before the beginning of the initial lease term, and that the PHA
must perform this inspection within either 15 days or within a reasonable time depending on
the size of the PHA.
HUD is waiving these requirements and providing an alternative requirement. In order to
place the unit under HAP contract and commence making payments, the PHA may rely on
the owner’s certification that the owner has no reasonable basis to have knowledge that life
threatening conditions exist in the unit or units in question instead of conducting an initial
inspection. At minimum the PHA must require this owner certification. However, the PHA
may add other requirements or conditions in addition to the owner’s certification but is not
required to do so. The PHA is required to conduct an HQS inspection on the unit as soon as
reasonably possible but no later than October 31, 2020.
This waiver and alternative requirement may also be applied to PHA-owned units if the
independent entity is unable to perform the inspection.
Period of Availability: The period of availability for PHAs to accept owner’s self-
certification for an initial inspection ends on July 31, 2020. The period of availability for the
PHA to inspect a unit that was placed under HAP contract based on the owner’s self-
certification ends on October 31, 2020.
HQS-2: Project-Based Voucher (PBV) Pre-HAP Contract Inspections, PHA
Acceptance of Completed Units
Statutory Authority: Section 8(o)(8)(A) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 983.301(b), 983.156(a)(1)
Description: The statute and regulations at § 983.301(b) provide that the PHA must inspect
each contract unit before execution of the HAP contract and that the HAP contract may not
be executed until the units fully comply with HQS. For rehabilitated and newly constructed
units, § 983.156(a)(1) further provides that the PHA must inspect the units to determine if the
housing has been completed in accordance with the Agreement to Enter into the HAP
Contract (AHAP), including compliance with the HQS and any additional requirement
imposed by the PHA under the Agreement.
HUD is waiving the HQS inspection requirement and establishing an alternative requirement.
Instead of conducting the pre-HAP contract HQS inspection, the PHA may rely on the
owner’s certification that the owner has no reasonable basis to have knowledge that life
threatening conditions exist in the unit or units in question. At minimum the PHA must
require the owner’s certification. However, the PHA may add other requirements or
conditions in addition to the owner’s certification but is not required to do so. The PHA is
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required to conduct an HQS inspection on the unit as soon as reasonably possible but no later
than October 31, 2020.
If the PHA has imposed an additional requirement under the AHAP for newly constructed or
rehabilitated projects, the PHA may choose to allow the owner to certify that the PHA
requirement has been met instead of inspecting the housing to make that determination.
This waiver and alternative requirement may also be applied to PHA-owned units if the
independent entity is unable to perform the inspection.
Period of Availability: The period of availability for PHAs to accept owner’s self-
certification for the pre-HAP inspection/completion of work requirement ends on July 31,
2020. The period of availability for the PHA to complete all delayed inspections on units
placed under a HAP contract based on the owner’s self-certification ends on October 31,
2020.
HQS-3: Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Option
Statutory Authority: Section 8(o)(8)(A)(ii) of the USHA of 1937
Regulatory Authority: Housing Opportunity Through Modernization Act (HOTMA) of
2016: Implementation of Various Section 8 Voucher Provisions, 82 Fed. Reg. 5458 (Jan. 18,
2017)
Description: Section 8(o)(8)(A)(ii) provides the PHA with the option to choose to approve
an assisted tenancy, execute the HAP contract, and begin making housing assistance
payments on a unit that fails the initial HQS inspection, provided the unit’s failure to meet
HQS is the result only of NLT conditions. The statute further requires that the PHA must
withhold housing assistance payments from the owner if the NLT conditions are not
corrected within 30 days.
HUD is waiving the requirement that the PHA must withhold the payment if the NLT repairs
are not made in 30 days. Instead, the PHA may provide an extension of up to an additional
30 days to the owner to make the NLT repairs and continue to make payments to the owner
during the period of that maximum 30-day extension. If the owner has not made the NLT
repairs by the end of the PHA extension period, the PHA must withhold payments.
This NLT initial inspection option is available to the PHA for both tenant-based units and
project-based units. This waiver and alternative requirement may also be applied to PHA-
owned units if the independent entity is unable to perform the inspection.
Period of Availability: The period of availability for the PHA to approve an extension of up
to an additional 30 days ends on July 31, 2020. The extension to make the NLT repairs may
extend beyond July 31, 2020, depending on the date the PHA approved the extension. For
example, if the PHA approved the extension on July 15th, the maximum extension provided
to the owner would be August 15th.
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HQS-4: HQS Initial Inspection Requirement – Alternative Inspection Option
Statutory Authority: Section 8(o)(8)(A)(iii) of the USHA of 1937
Regulatory Authority: Housing Opportunity Through Modernization Act (HOTMA) of 2016:
Implementation of Various Section 8 Voucher Provisions, 82 Fed. Reg. 5458 (Jan. 18, 2017)
Description: Section 8(o)(8)(A)(iii) provides the PHA with the option to authorize
occupancy of a unit prior to the initial inspection being completed if the unit had in the
previous 24 months passed an alternative inspection. Under the statute the PHA may then
make assistance payments retroactive to the beginning of the lease term once the unit had
been determined to meet HQS pursuant to the PHA’s inspection. The HOTMA HCV Federal
Register Notice that implemented this statutory option further provided that the PHA must
inspect the unit within 15 days of the RFTA.
HUD is waiving the requirement that the PHA must conduct its own inspection of the unit in
order to commence making assistance payments under the Initial Inspection – Alternative
Inspection option. Under this waiver and alternative requirement, the PHA may commence
assistance payments at the beginning of the lease term based on the alternative inspection and
the owner’s certification that the owner has no reasonable basis to have knowledge that life
threatening conditions exist in the unit or units in question. At minimum, the PHA must
require this owner certification. The PHA may add other requirements or conditions in
addition to the owner’s certification but is not required to do so. The PHA must conduct the
HQS inspection for the unit for which it has commenced assistance payments under this
waiver authority as soon as reasonably possible but no later than October 31, 2020.
This initial inspection option is available to the PHA for both tenant-based units and project-
based units.
This waiver and alternative requirement may also be applied to PHA-owned units if the
independent entity is unable to perform the inspection.
Period of Availability: The period of availability for the waiver to place a unit under HAP
contract and commence payments ends on July 31, 2020. The period of availability for the
PHA to inspect a unit placed under HAP contract under this waiver authority is October 31,
2020.
HQS-5: HQS Inspection Requirement – Biennial Inspections
Statutory Authority: Section 8(o)(D) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 982.405(a), 983.103(d)
Description: The statute and the regulations require the PHA to inspect the unit not less often
than biennially during the term of the HAP contract. (Per the recent Federal Register Notice,
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85 Fed. Reg. 11381 (Feb. 27, 2020), small rural PHAs may instead inspect the unit not less
often than triennially, but since small rural PHAs do not have the authority to begin using a
three-year inspection interval until after the next scheduled inspection after Feb. 27, 2020 is
carried out, the majority of small rural PHAs have not yet moved from a biennial to a
triennial requirement.) HUD is waiving this requirement and is allowing PHAs to delay
biennial inspections for both tenant-based and PBV units. All delayed biennial inspections
must be completed as soon as reasonably possible but no later than October 31, 2020.
This waiver and alternative requirement may also be applied to PHA-owned units if the
independent entity is unable to perform the inspection.
Period of Availability: The period of availability ends on October 31, 2020.
HQS-6: HQS Interim Inspections
Statutory Authority: Section 8(o)(8)(F) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 982.405(g), 983.103(e)
Description: The statute requires that upon notification to the PHA by a family or
government official that the assisted unit does not comply with the HQS, the PHA must
inspect the unit within 24 hours of when the PHA received the notification if the condition is
life-threatening. 24 CFR 982.405(g) provides that if the reported condition is not life-
threatening, the PHA must inspect the unit within 15 days. The regulation further provides
that in the event of extraordinary circumstances HUD may waive the 24-hour or the 15-day
inspection requirement until such time as an inspection is feasible.
HUD is waiving these requirements and establishing an alternative requirement for both
tenant-based and PBV units. If the reported deficiency is life-threatening, the PHA must
notify the owner of the reported life-threatening deficiency and that the owner must either
correct the life-threatening deficiency within 24 hours of the PHA notification or provide
documentation (e.g., text or email a photo to the PHA) that the reported deficiency does not
exist. In the case of a reported non-life-threatening deficiency, the PHA must notify the
owner of the reported deficiency within 30 days and the owner must either make the repair or
document that the deficiency does not exist within 30 days of the PHA notification or any
approved PHA extension. The PHA may add other requirements or conditions in addition to
the owner’s documentation but is not required to do so.
As is the case under the current HCV program requirements, the PHA is not required to
conduct an on-site inspection to verify the repairs have been made but may rely on
alternative verification methods (e.g., photos submitted by the owner, tenant certification,
etc.).
This waiver may also be applied to PHA-owned units if the independent entity is unable to
perform the inspection.
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Period of Availability: The period of availability ends on July 31, 2020. After July 31, 2020,
the PHA must conduct the HQS inspection in accordance with the applicable time periods
upon notification by a family or government official that the assisted unit does not comply
with the HQS.
HQS-7: PBV Turnover Unit Inspections
Regulatory Authority: 24 CFR § 983.103(c)
Description: The regulation requires that before providing assistance to a new family in a
PBV contract unit, the PHA must inspect the unit. HUD is waiving this regulatory
requirement and providing as an alternative requirement the PHA may rely on the owner’s
certification that the owner has no reasonable basis to have knowledge that life threatening
conditions exist in the unit or units in question to allow a new family to occupy the vacated
PBV unit. At minimum the PHA must require this owner certification. However, the PHA
may add other requirements or conditions in addition to the owner’s certification but is not
required to do so. The PHA is required to conduct the HQS inspection on the unit as soon as
reasonably possible, but no later than October 31, 2020.
This waiver may also be applied to PHA-owned units if the independent entity is unable to
perform the inspection.
Period of Availability: The period of availability to fill a turnover PBV unit without
conducting an HQS inspection ends on July 31, 2020. The period of availability for
completing inspections for turnover PBV units that were reoccupied without an HQS
inspection under this waiver authority ends on October 31, 2020.
HQS-8: PBV HAP Contract – HQS Inspections to Add or Substitute Units
Statutory Authority: Section 8(o)(8)(A) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 983.207(a), 983.207(b)
Description: At the discretion of the PHA and subject to all PBV requirements (including the
program cap and income-mixing requirements), the PHA may amend the HAP contract to
add additional PBV contract units or to substitute a different unit for a previously covered
contract unit. The PBV requirements include inspecting the proposed substitute or additional
unit to determine that the unit meets HQS before it may be added to the HAP contract.
HUD is waiving the HQS inspection requirement. In order to substitute or add a new unit to
the PBV HAP contract, the PHA may rely on the owner’s certification that the owner has no
reasonable basis to have knowledge that life threatening conditions exist in the unit or units
in question instead of conducting an initial inspection. At minimum, the PHA must require
the owner’s certification. However, the PHA may add other requirements or conditions in
addition to the owner’s certification but is not required to do so.
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This waiver may also be applied to PHA-owned units if the independent entity is unable to
perform the inspection.
Period of Availability: The period of availability for PHAs to accept owner’s self-
certification for an initial inspection ends on July 31, 2020. The period of availability for the
PHA to inspect a unit that was placed under HAP contract based on the owner’s self-
certification ends on October 31, 2020.
HQS-9: HQS Quality Control Inspections
Regulatory Authority: 24 CFR § 982.405(b)
Description: The regulations require PHAs to conduct supervisory quality control
inspections of a sampling of units under contract. HUD is waiving this regulatory
requirement.
Period of Availability: The period of applicability ends on October 31, 2020.
HQS-10: Housing quality standards; Space and Security
Regulatory Authority: § 982.401(d)
Description: The regulation establishes a minimum standard for adequate space for both an
HCV and PBV -assisted family. Specifically, it requires that each dwelling unit have at least
1 bedroom or living/sleeping room for each 2 persons. HUD is waiving this requirement for
PHAs where the PHA wishes to assist a current participant that needs to add a member or
members to the assisted household as a result of the COVID-19 emergency, and the
additional family members would result in the unit not meeting the space and security
standards. This provision does not apply to an initial or new lease. A participant must not
enter into a new lease for a unit that does not comply with the space and security standards.
Period of availability: For any family occupying a unit that does not meet the space and
security requirements pursuant to this waiver, the waiver will be in effect for the duration of
the current lease term or one year from the date of this notice, whichever period of time is
longer.
HQS-11: Homeownership Option – Initial HQS Inspection
Statutory Authority: Section 8(o)(8)(A)(i), Section 8(y)(3)(B) of the USHA of 1937
Regulatory Authority: 24 CFR § 982.631(a)
Description: The statute provides that HQS re-inspections are not required for
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homeownership vouchers but does not exempt the unit from the initial HQS inspection. The
regulation provides that the PHA may not commence monthly homeownership assistance
payments until the PHA has inspected the unit and determined that the unit passes HQS.
HUD is waiving this requirement. However, the family is still required to obtain an
independent professional inspector in accordance with § 982.631(b)(1) and the PHA is still
required to review the independent inspection and has discretion to disapprove the unit for
assistance under the homeownership option because of information in the inspection report in
accordance with § 982.631(b)(4).
Period of Availability: The period of availability ends on July 31, 2020.
9. HOUSING CHOICE VOUCHER PROGRAM WAIVERS – GENERAL
HCV-1: Administrative plan
Regulatory Authority: 24 CFR § 982.54 (a)
Description: The regulation requires that any revisions of the PHA’s administrative plan
must be formally adopted by the PHA Board of Commissioners or other authorized PHA
officials. Recognizing the foreseeable difficulties in complying with this requirement in light
of the COVID-19 emergency, HUD is waiving the requirement to allow the PHA
administrative plan to be revised on a temporary basis without Board approval. As an
alternative requirement any informally adopted revisions under this waiver authority must be
formerly adopted as soon as practicable following June 30, 2020, but no later than July 31,
2020.
Period of Availability: The period of availability ends on July 31, 2020.
HCV-2: Information When Family is Selected - PHA Oral Briefing
Regulatory Authority: 24 CFR § 982.301(a)(3), § 983.252(a)
Description: The regulation requires when the PHA selects a family to participate in either
the HCV or PBV program, the PHA must give the family an oral briefing. HUD is waiving
this requirement and as an alternative requirement allowing the PHA to conduct the briefing
by other means such as a webcast, video call, or expanded information packet. Section 504
and the ADA require PHAs to ensure effective communication with applicants, participants
and members of the public in all communications and notices. The PHA must ensure that the
method of communication for the briefing effectively communicates with, and allows for
equal participation of, each family member, including those with vision, hearing, and other
communication-related disabilities, and ensures meaningful access for persons with limited
English proficiency.
Period of Availability: The period of availability ends on July 31, 2020.
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HCV-3: Term of Voucher – Extensions of Term
Regulatory Authority: 24 CFR § 982.303(b)(1)
Description: The regulation provides that at its discretion, the PHA may grant a family one
or more extensions of the initial voucher term in accordance with the PHA policy as
described in the PHA administrative plan. HUD is waiving the requirement that the
extension(s) must be accordance with the PHA’s administrative plan in order to allow the
PHA to provide extensions even though it has been unable to formally amend its policy in the
administrative plan.
Period of Availability: The period of availability ends on July 31, 2020.
HCV-4: PHA Approval of Assisted Tenancy – When HAP Contract is Executed
Regulatory Authority: 24 CFR § 982.305(c)
Description: The PHA may not make any housing assistance payments to the owner until the
HAP contract is executed. The regulation provides that PHA must use best efforts to execute
the HAP contract before the beginning of the lease term and that the HAP contract must be
executed no later than 60 days from the beginning of the lease term. Any HAP contract
executed after the 60-day period is void and the PHA may not pay any housing assistance
payments to the owner. HUD is waiving the regulatory requirement to allow PHAs to
execute the HAP contract after the 60-day deadline has passed and make housing assistance
payments back to the beginning of the lease term. However, the PHA and owner must
execute the HAP contract no later than 120 days from the beginning of the lease term.
Period of Availability: The period of availability to execute the HAP contract after the
normally 60-day period from the beginning of the lease term ends on July 31, 2020.
HCV-5: Absence from Unit
Regulatory Authority: 24 CFR § 982.312
Description: The regulation requires that a family may not be absent from the unit for a
period of more than 180 consecutive calendar days for any reason. HUD is waiving this
regulatory requirement to allow the PHA at its discretion to continue housing assistance
payments and not terminate the HAP contract due to extenuating circumstances (e.g.,
hospitalization, extended stays at nursing homes, caring for family members).
Period of Availability: The period of availability for the PHA to choose to continue making
HAP payments despite the family’s absence of more than 180 consecutive days ends on
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December 31, 2020. The PHA may not make payments beyond December 31, 2020, and the
HAP contract will terminate on that date if the family is still absent from the unit.
HCV-6: Automatic Termination of HAP contract
Regulatory Authority: 24 CFR § 982.455
Description: When an HCV family’s income increases to the extent that the housing
assistance payment is reduced to $0, PHAs are required by this regulation to automatically
terminate HAP contracts 180 days after the last housing assistance payment to the owner. In
recognition that the COVID-19 emergency is creating economic and employment instability
for many families, as well as situations where families may on a temporary basis be adding
members whose additional income may result in a $0 HAP subsidy calculation, HUD is
waiving this requirement. As an alternative requirement, the PHA, upon written notice to the
owner and family, may extend the period of time following the last payment to the owner
that triggers the automatic termination of the HAP contract. The extension beyond the
normally applicable 180 days is determined by the PHA but may not extend beyond
December 31, 2020.
Period of Availability: The period of availability for the extension ends December 31, 2020.
The PHA may not extend the HAP contract beyond December 31, 2020.
HCV-7: Increase in payment standard under HAP contract term
Regulatory Authority: 24 CFR § 982.505(c)(4)
Description: The regulation requires that if the payment standard amount is increased during
the term of the HAP contract, the increased payment standard amount shall be used to
calculate the monthly housing assistance payment for the family beginning at the effective
date of the family’s first regular reexamination on or after the effective date of the increase in
the payment standard amount.
HUD is waiving this requirement and as an alternative requirement allowing the PHAs to
apply the increased payment standard at any time (e.g., interim reexamination, owner rent
increase) after the effective date of the increase in the payment standard amount, provided
the increased payment standard is used to calculate the HAP no later than the effective date
of the family’s first regular reexamination following the change.
Note that if the PHA has delayed the family’s annual recertification under the waiver
authority described earlier in this notice (see PH and HCV-2), the PHA must use the
increased payment standard amount to calculate the family’s HAP beginning the date that the
family’s first regular examination would have been effective in the absence of the waiver.
Alternatively, the PHA may conduct an interim reexamination where the only change is the
increased payment standard amount. Regardless of the method used, the participant must
21
receive the increased payment standard no later than the effective date of the family’s first
regular reexamination following the increased payment standard.
Period of Availability: The waiver period of availability ends on December 31, 2020.
HCV-8: Utility allowance schedule – required review and revision
Regulatory Authority: 24 CFR § 982.517
Description: The regulations require the PHA to review its schedule of utility allowances
each year and revise its allowance for a utility category if there has been a change of 10
percent or more in the utility rate since the last time the utility allowance schedule was
revised. HUD is waiving this requirement to allow PHAs to delay the review and update of
utility allowances.
Period of Availability: Any review and update of utility allowances that were due at some
point in time in CY 2020 must be completed no later than December 31, 2020.
HCV-9: Homeownership Option – Homeownership counseling
Statutory Authority: Section 8(y)(1)(D) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 982.630, 982.636(d)
Description: The statute requires that to be eligible for voucher homeownership assistance
the family must participate in a homeownership and housing counseling program provided by
the agency. The regulations at § 982.630 provide that before commencement of
homeownership assistance for a family, the family must attend and satisfactorily complete
the pre-assistance homeownership and housing counseling program required by the PHA.
The regulations at § 982.636(d) provide that a family determined eligible for homeownership
is moving under portability may purchase a unit if the receiving PHA is administering a
voucher homeownership program and is accepting new homeownership families. However,
the family must attend the briefing and counseling sessions required by the receiving PHA.
While HUD encourages families to continue to complete briefing and counseling sessions
that are operational and can be accomplished in accordance with social distancing directives,
HUD is waiving these requirements to allow the PHA to permit the family to purchase the
home without fulfilling the normally applicable pre-assistance homeownership counseling
requirements.
Period of Availability: The period of availability ends on July 31, 2020.
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HCV-10: Family Unification Program (FUP): FUP Youth Age Eligibility to Enter HAP
Contract
Statutory Authority: Section 8(x)(2) of the USHA of 1937
Description: The statute provides that a FUP youth must be not more than 24 years of age
(not yet reached their 25th birthday) to be eligible to be placed under HAP contract. A FUP
youth issued a voucher at 24 years of age may not be able to lease the voucher before their
25th birthday where PHA operations may have been shut down or severely curtailed, unit
searches are not possible due to shelter-in-place orders, or where the movement of people is
significantly restricted.
HUD is waiving this requirement and providing as an alternative requirement that the PHA
may execute a HAP contract on behalf of any otherwise eligible FUP youth not more than 25
years of age (not yet reached their 26th birthday).
Period of Availability: The period of availability ends on December 31, 2020.
10. PUBLIC HOUSING PROGRAM WAIVERS
PH-1: Fiscal Closeout of Capital Grant Funds
Regulatory Authority: 24 CFR § 905.322(b)
Description: Section 905.322(b) establishes deadlines for the submission of an Actual
Development Cost Certificate (ADCC) and an Actual Modernization Cost Certificate
(AMCC) (two financial reporting documents required to close out Capital Fund grants).
Specifically, the ADCC must be submitted 12 months from the date of completion or HUD
termination of a development activity, and the AMCC must be submitted not later than 12
months from the activity’s expenditure deadline. HUD is waiving this requirement and
extending the deadlines for an ADCC or AMCC that fell between March 1, 2020, and
September 30, 2020, by 6 months.
Period of Availability: Applies to DDCC and AMCC forms due between March 1 and
September 30, 2020.
PH-2: Total Development Costs
Regulatory Authority: 24 CFR § 905.314(c)
Description: The public housing regulations establish a Maximum Project Cost which
represents the total amount of Public Housing Funds that may be used for development of a
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public housing project. The Total Development Cost (TDC) and Housing Construction Cost
(HCC) limits are published periodically by HUD. These limits may not be exceeded without
a waiver approved by HUD or an exception approved by HUD pursuant to 24 CFR §
905.314(c).
HUD is waiving the TDC and HCC limits to allow the amount of Public Housing Funds
committed to development of a project to exceed the applicable TDC and HCC limits by
25% without a waiver from HUD. Amounts in excess of 25% up to 50% may be approved
by the HUD program office on a case-by-case basis, if sufficient justification is provided.
This waiver applies to public housing development, Mixed-Finance development and Choice
Neighborhoods development. However, all other requirements of development set forth in
24 CFR § 905.600 still apply. HUD recognizes that COVID-19 may seriously impact
development costs. The lack of available labor; shortage of materials; extended development
timeframes; and changes in financial markets, all have the potential to increase development
costs above the established HUD TDC and HCC limits.
If a project still exceeds TDC and HCC limits after the increase approved by HUD is taken
into consideration, then a PHA may submit a request for an exception pursuant to 24 CFR §
905.314(c) or request a waiver for other good cause for HUD’s consideration.
Period of Availability: A complete Development Proposal must be submitted to HUD no
later than December 31, 2021 for a project to be eligible for this waiver.
PH-3: Cost and Other Limitations; Types of Labor
Regulatory Authority: 24 CFR § 905.314(j)
Description: This regulation establishes that non–high performer PHAs may use force
account labor for modernization activities only when the use of force account labor for such
activities has been included in a Capital Fund Program 5-Year Action Plan that is approved
by the PHA Board of Commissioners and HUD. HUD will waive this requirement to allow
for the use of force account labor for modernization activities even if this activity has not
been included in the non–high performer PHA’s 5-Year Action Plan.
Period of Availability: The period of availability ends on December 31, 2020.
PH-4: ACOP: Adoption of Tenant Selection Policies
Regulatory Authority: 24 CFR § 960.202(c)(1)
Description: The regulation requires that the PHA policies in the ACOP must be duly
adopted and implemented. HUD is waiving this requirement to permit PHAs to adopt and
implement changes to the ACOP on an expedited basis, without formal board approval. As
an alternative requirement, any informally adopted revisions under this waiver authority must
24
be formally adopted as soon as practicable following June 30, 2020, but no later than July 31,
2020. Please note that the requirement for tenant selection policies to be consistent with the
fair housing and equal opportunity at § 5.105 remains in effect.
Period of Availability: The period of availability ends on July 31, 2020.
PH-5: Community Service and Self-Sufficiency Requirement (CSSR)
Statutory Authority: Section 12(c) of the USHA of 1937
Regulatory Authority: 24 CFR § 960.603(a) and 960.603(b)
Description: The statute and regulations require that each adult resident of public housing,
except for any family member that is exempt, must contribute 8 hours per month of
community service or participate in an economic self-sufficiency program or a combination
of both. A family’s noncompliance with the service requirement is grounds for non-renewal
of the lease at the end of the lease term. HUD is waiving this requirement and is
alternatively suspending the community service and self-sufficiency requirement. If a PHA
adopts this waiver, tenants will not be subject to this requirement until the family’s next
annual reexamination. Upon the family’s next annual reexamination, PHAs should report on
Form HUD-50058 each individual’s CSSR status as either exempt for those that are exempt,
or pending for those that are otherwise eligible but for which the suspension prevents a
housing authority from determining compliance. After a PHA completes an annual
reexamination for any family, the CSSR becomes effective again for family members for the
subsequent annual reexamination cycle.
Period of Availability: The period of availability ends on March 31, 2021.
PH-6: Energy Audits
Regulatory Authority: 24 CFR § 965.302
Description: PHAs are required by this regulation to complete an energy audit for each
PHA-owned project not less than once every five years. Due to shelter-in-place orders, and
closures of many non-essential businesses, access to qualified energy auditors is likely to be
limited during the period of time that the coronavirus is impacting the program. Therefore,
HUD is waiving this requirement and is alternatively suspending the performance of the
audits for one year for those that were due before December 31, 2020.
Period of Availability: The period of availability is one year beyond the date of the energy
audit deadline in 2020 for the impacted project.
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PH-7: Over-Income Families
Statutory Authority: Section 16(a)(5) of the USHA of 1937
Regulatory Authority: Housing Opportunity Through Modernization Act of 2016: Final
Implementation of the Public Housing Income Limit (83 FR 35490, July 26, 2018)
Sub-regulatory Guidance: Notice PIH 2019-11
Description: PHAs are required by statute and the Federal Register Notice to terminate or
charge an alternative rent to families whose income exceeds the program maximum income
level for two consecutive years. HUD defined the two-year time period as two consecutive
reexamination cycles. In order to be consistent with the delay in annual reexaminations
permitted under waiver PH and HCV-2, HUD is waiving this requirement and is permitting
families to remain in their units and to continue to pay the same rental amount until such time
that a PHA conducts the next annual income recertification that would impact the family. In
order to adopt this waiver, PHAs must also adopt a waiver under PH and HCV-2.
Period of Availability: The period of availability ends on December 31, 2020.
PH-8: Resident Council elections
Regulatory Authority: 24 CFR § 964.130(a)(1)
Description: The regulations require that resident councils must adhere to certain minimum
standards regarding election procedures, including that all procedures must assure fair and
frequent elections of resident council members—at least once every three years for each
member. HUD recognizes that conducting resident council elections may not be possible as
a result of COVID-19 public health actions. HUD is waiving the regulation to allow PHAs
to delay resident council elections beyond the three-year limit if necessary. However, the
delayed resident council election must be rescheduled and held as soon as reasonably
possible once circumstances permit, after July 31, 2020.
Period of Availability: The period of availability of this waiver ends on July 31, 2020.
PH-9: Review and Revision of Utility Allowances
Regulatory Authority: 24 CFR § 965.507
Description: The regulations require the PHA to review at least annually the basis on which
utility allowances have been established and revise allowances if required on the basis of that
review. Due to shelter-in-place orders, and closures of many non-essential businesses, PHAs
are encouraged to focus administration on critical program functions. Further, access to
information on changing utility rates may be limited in some jurisdictions. Therefore, HUD
is waiving this requirement to allow PHAs to delay the review and update of utility
allowances.
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Period of Availability: Any review and update of utility allowances that were due at some
point in time in CY 2020 must be completed by the end of 2020.
PH-10: Tenant Notifications for Changes to Project Rules and Regulations
Regulatory Authority: 24 CFR § 966.5
Description: PHAs are required by this regulation to provide 30-day notice to impacted
families for changes to policies, rules and special charges to families. HUD is waiving the
requirement to provide such advance notice, except advance notice must be provided for any
changes related to tenant charges. Although HUD is waiving the advanced notice, PHAs
must still provide adequate notification to impacted families within 30 days of making such
changes.
Period of Availability: The period of availability ends on July 31, 2020.
11. PHAS, SEMAP, and Uniform Financial Reporting Standards
a. PHAS
Regulatory Authority: 24 CFR Part 902
Description: Part 902 sets out the indicators by which HUD measures the performance of
a PHA. The indicators measure a PHA’s physical condition, financial condition,
management operations, and Capital Fund obligation and occupancy. HUD is waiving
this inspection requirement and is alternatively postponing physical inspections for all
PHAs until further notice, except where there is a threat to life or property. HUD will
primarily rely on residents’ complaints and potentially other sources such as news
articles, Congressional inquiries and field office requests to identify threat to life or
property.
Further, for PHA that had a PHAS score pending as of the date of this notice, and for any
PHA with a fiscal year ending on or before December 31, 2020, HUD will not issue a
new PHAS score unless the PHA requests that a new PHAS score be issued. HUD will
instead carry forward the most recent PHAS score on record.
Period of Availability: HUD will resume issuing new PHAS scores beginning with
PHAs with fiscal year end dates of March 31, 2021.
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b. SEMAP
Regulatory Authority: 24 CFR Part 985
Description: Part 985 sets out the requirements by which Section 8 tenant-based
assistance programs are assessed. For PHAs that have a SEMAP score pending as of the
date of this notice, and for any PHA with a fiscal year ending on or before December 31,
2020, HUD will not issue a new SEMAP score unless the PHA requests a that new
SEMAP score be issued. HUD will instead carry forward the most recent SEMAP score
on record.
Period of Availability: HUD will resume issuing new SEMAP scores beginning with
PHAs with fiscal year end dates of March 31, 2021.
c. Uniform financial reporting standards; Filing of financial reports; Reporting
Compliance Dates
Regulatory Authority: 24 CFR §§ 5.801(c), 5.801(d)(1)
Description: Section 5.801 establishes uniform financial reporting standards (UFRS) for
PHAs (and other entities). Section 5.801(c) requires that PHAs submit financial
information in accordance with 24 CFR § 5.801(b) annually, not later than 60 days after
the end of the fiscal year of the reporting period. Section 5.801(d)(1) requires that PHAs
submit their unaudited financial statements not later than 60 calendar days after the end
of their fiscal year, and that PHAs submit their audited financial statements not later than
9 months after the end of their fiscal year.
HUD is waiving these requirements and is providing the alternative requirements for the
following PHAs:
(1) PHAs with a FYE of June 30, 2019; September 30, 2019; December 31, 2019; and
March 31, 2020, and a deadline to submit audited financial information in accordance
with 24 CFR § 5.801(b) and (d); and
FYE Due Date Extended Due Date
6/30/2019 3/31/2020 9/30/2020
9/30/2019 6/30/2020 12/31/2020
12/31/2019 9/30/2020 3/31/2021
3/31/2020 12/31/2020 6/30/2021
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(2) PHAs with a FYE of December 31, 2019 and March 31, 2020, and a deadline to
submit unaudited financial information in accordance with 24 CFR § 5.801(b) and
(d).
FYE Due Date Extended Due Date
12/31/2019 2/29/2020 8/31/2020
3/31/2020 5/31/2020 11/30/2020
Period of Availability: Varies by PHA by FYE, see description for details.
12. Other Waivers and Administrative Relief.
a. PHA Reporting Requirements on HUD Form 50058.
Regulatory Authority: 24 CFR Part 908, § 982.158
Sub-regulatory Guidance: PIH Notice 2011-65
Description: PHAs must submit form HUD-50058 no later than 60 calendar days from
the effective date of any action recorded on line 2b of the form HUD-50058 or form
HUD-50058 MTW. The Notice states HUD will monitor timeliness of reporting and may
sanction a PHA for late reporting.
HUD recognizes that PHAs that implement waivers and alternative requirements under
this notice likely will submit form HUD-50058 later than 60 calendar days from the
effective date of certain actions, particularly related to reexaminations and inspections.
HUD is waiving the 60-day deadline and providing that PHAs must submit form HUD-
50058 or HUD-50058 MTW for transactions impacted by implemented waivers and
alternative requirements within 90 days of the effective date of action.
Although this waiver provides up to 90 days for PHAs to submit HUD-50058 forms into
IMS-PIC, HUD encourages those PHAS that are have operational capacity to do so to
continue submitting HUD-50058 forms within the normal 60-day timeframe.
PIH recognizes this Notice and any subsequent Notices providing waiver authority to
HUD-50058 submission requirements could impact the PHA’s ability to submit HUD-
50058 forms into the IMS-PIC system and potentially result in fatal errors. In order to
minimize the occurrence of these errors resulting from implementing these waivers, PIH
will be issuing guidance in the near future that will provide PHAs with workarounds to
avoid any potential issues in the PIC system.
For PHAs that submit HUD-50058 forms and receive a fatal error, PIH will not require
these HUD-50058 forms to be re-submitted consistent with the waiver of reporting
provisions in the Notice. PIH encourages these PHAs to not re-submit these forms until
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after PIH issues the revised guidance for HUD-50058 reporting. For PHAs that submit
HUD-50058 forms successfully in the interim period before the new reporting guidance
is issued, PIH may require corrections to these HUD-50058 forms and re-submission to
IMS-PIC.
Period of Availability: The period of availability ends December 31, 2020.
b. Designated Housing Plans – HUD 60 Day Notification
Statutory Authority: Section 7(e)(1) of the USHA of 1937
Description: The statute requires HUD to notify PHAs that have submitted a Designated
Housing Plan whether the plan complies with the requirements to establish the
designation of a project for occupancy by elderly and/or disabled families no later than 60
days after receiving the plan. Under the statute, if HUD does not respond within 60 days
the plan is considered accepted. HUD is temporarily waiving this deadline to ensure that
it can review and adequately address any fair housing concerns while its operations are
impacted by the COVID-19 emergency but will complete Designated Housing Plan
reviews as expeditiously as possible. HUD is waiving the 60-day notification requirement
for those plans submitted after March 1, 2020.
Period of Availability: This waiver ends on July 31, 2020, unless subsequently extended
by HUD.
c. Extension of Deadline for Programmatic Obligation and Expenditure of Capital
Funds
Statutory Authority: Section 9(j)
Regulatory Authority: 24 CFR § 905.306(d)(5) and 905.306(f)
Description: Section 9(j)(1) requires PHAs to obligate Capital Funds not later than 24
months after the date on which the funds became available, or the date on which the PHA
accumulates adequate funds to undertake modernization, substantial rehabilitation, or
new construction of units, plus the period of any extension approved under Section
9(j)(2). Section 9(j)(5)(A) requires a PHA to expend Capital Funds not later than four
years after the date on which the funds become available for obligation, plus the period of
any extension approved under section 9(j)(2). Section 9(j)(2) authorizes the Secretary to
extend the time period for the obligation of Capital Funds for such period as the Secretary
determines necessary if the Secretary determines that the failure of the PHA to obligate
assistance in a timely manner is attributable to an event beyond the control of the PHA.
The authority for extension of the section 9(j) obligation and extension deadlines for an
event beyond the control of the PHA is also found in the implementing regulation at 24
CFR § 905.306 (d)(5). The regulations do not permit extensions of the expenditure dates
other than for the period of time of a HUD-approved extension of the obligation deadline.
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Period of Availability: HUD is extending both the obligation end date and the
expenditure end date for all open Capital Fund grants by one year from the current
obligation and expenditure end date; however, no programmatic expenditure end date
shall be extended beyond one month prior to the closure of the relevant appropriation
account, pursuant to 31 U.S.C. § 1552.
WAIVERS APPLICABLE TO NATIVE AMERICAN PROGRAMS
13. Waivers and Alternative Requirements Applicable to the IHBG Program Under the
Native American Housing Assistance and Self-Determination Act of 1996, as amended,
(NAHASDA).
Introduction: The following waivers and alternative requirements apply only to new IHBG
funding provided under the CARES Act (IHBG-CARES grants), and FY2020 IHBG formula
funds under the Further Consolidated Appropriations Act, 2020. IHBG recipients are
reminded that these waivers and alternative requirements do not apply to IHBG funds
appropriated in any other prior year. In applying these waivers and alternative requirements,
IHBG recipients must ensure that they are doing so only with respect to IHBG-CARES
grants and their FY 2020 IHBG grant.
The CARES Act also provides that any waivers granted by HUD shall be deemed to be
effective as of the date an Indian tribe or TDHE began preparing for COVID-19.
Accordingly, the relief provided by the following waivers and alternative requirements will
apply retroactively to the date that the respective IHBG recipient began preparing for
COVID-19. Additionally, any related costs previously incurred by IHBG recipients that are
also eligible and allowable IHBG-CARES costs may be covered or reimbursed with IHBG-
CARES grant funding. Recipients should maintain documentation demonstrating when the
recipient began preparing for COVID-19. Such documentation should be maintained to
ensure that both HUD and the recipient can clearly identify the date when waivers and
alternative requirements issued by HUD began to apply, and to support costs incurred by the
recipient that it covers or reimburses with IHBG-CARES grant funding.
HUD has determined that the following waivers and alternative requirements are necessary to
expedite or facilitate the use of IHBG funds to prevent, prepare for, and respond to COVID-
19.
Period of Availability: The period of availability of each IHBG waiver and alternative
requirement below ends when funds subject to the waiver and alternative requirement are
expended, unless otherwise specified under each waiver and alternative requirement (e.g.,
IHP/APR deadline extensions).
a. Application Process for IHBG-CARES Grants and Indian Housing Plan (IHP)
Requirements
Statutory Authority: Section 101(b), Section 102, and Section 103 of NAHASDA
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Regulatory Authority: 24 C.F.R. §§ 1000.214; 1000.218;1000.220; 1000.224; 1000.226;
1000.228;1000.230; and 1000.232
Description: Section 101(b), Section 102, and Section 103 of NAHASDA and the
implementing regulations in Subpart C of 24 CFR Part 1000 require IHBG recipients to
submit an IHP that must be found to be in compliance with NAHASDA as a condition of
receiving an IHBG grant. HUD is required to act on IHP submissions within 60 days or
it is deemed approved. These provisions also provide that IHBG recipients may amend
their IHPs and outline the process of HUD review of such IHP amendments. Certain IHP
amendments that add new activities or involve a decrease in the amount of funds
provided to protect and maintain the viability of housing assisted under the 1937 Act
known as Formula Current Assisted Stock (FCAS) units require HUD to review such
modifications and determine that they comply with NAHASDA. HUD is required to act
on such modifications within 30 days.
HUD recognizes the challenges that Indian tribes and TDHEs are facing at the present
time. Many IHBG recipients are shut down for business. Many Indian tribes have
declared a state of emergency, limited travel, and have imposed social distancing
directives to minimize the risk of spreading COVID-19 in their communities. This has
had a severe impact on Tribes’ and TDHEs’ abilities to conduct business.
To facilitate and expedite the use of IHBG-CARES grant funding and FY 2020 IHBG
funding for COVID-19 related purposes, HUD is waiving the requirements in Section
101(b), Section 102, and Section 103 of NAHASDA, and regulations in Subpart C of 24
CFR Part 1000, including 24 CFR §§ 1000.214; 1000.218; 1000.220; 1000.224;
1000.226; 1000.228; 1000.230; and 1000.232, only to the extent necessary to establish
the following alternative requirements:
In recognition of the limited ability of Indian tribes and TDHEs to conduct regular
business at this time, HUD is minimizing application requirements while also ensuring
that IHBG recipients will expend CARES Act funding in accordance with the Act and
program requirements.
1) Abbreviated IHP to Receive IHBG-CARES Grant Funding
Given the current exigent situation, applicants for IHBG-CARES grants funding will
only be required to submit an Abbreviated IHP, in accordance with guidance that will
be published by HUD in the very near future, in order to receive an IHBG-CARES
grant. An Abbreviated IHP is a more streamlined version of the regular IHP.
These Abbreviated IHPs must specify how the IHBG recipient will carry out
activities or projects that meet the requirements of the CARES Act (to prevent,
prepare for, and respond to COVID-19), will allow the IHBG recipient to rely on
certain information included in its previously submitted FY 2020 IHP, and provide
HUD with specific information that will be requested in further guidance. To the
extent feasible, HUD will expedite its review and approve all Abbreviated IHPs
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within 15 days to expedite awarding grant funding under the CARES Act.
Abbreviated IHPs that HUD fails to act on in a timely manner will not be deemed to
be approved by operation of law.
HUD will also accept any Abbreviated IHPs that cannot be formally adopted by an
Indian tribe or TDHE in accordance with their normal policies and procedures for
adopting IHPs, provided an official or principal of the Indian tribe or TDHE who is
authorized to act on behalf of the Indian tribe or TDHE provides a statement to HUD
indicating that it is not practical or safe for the Indian tribe or TDHE to assemble a
board or other governing body to conduct business to secure required approvals, at
the time, due to the impact of COVID-19 on operations of the Indian tribe or TDHE
(or the beneficiary Indian tribe of the TDHE). The Indian tribe or TDHE should take
the necessary action, at a later date, when it is feasible and safe to do so, to either
ratify the Abbreviated IHP previously submitted by the official or principal, if
required under its policies and procedures, or submit an amendment to the
Abbreviated IHP.
2) Recipients that did Not Submit an IHP in FY 2020
Section 101(b)(1) of NAHASDA states that the Secretary may make a grant under the
Act if an IHP is submitted and determined to comply with the requirements of section
102 of the Act.
Sections 101(b)(1) and (2) are waived for any Tribe or TDHE that did not submit an
IHP, or whose IHP was not approved in FY 2020, and accordingly did not receive an
IHBG grant in FY 2020. A Tribe or TDHE that did not receive IHBG funds in FY
2020 may still apply to receive an IHBG-CARES grant, provided it submits an
Abbreviated IHP to HUD, in accordance with further guidance that will be published
by HUD. HUD may require additional information from these recipients but will
seek to streamline the application process to ensure that funding can be awarded as
expeditiously as possible, while also ensuring compliance with the CARES Act and
NAHASDA. This waiver is necessary to provide an opportunity to all potential
IHBG applicants to access this new funding to help address the ongoing crisis,
regardless of whether they failed to submit an IHP in FY 2020.
3) IHP Certifications
Some Indian tribes and TDHEs have expressed to HUD that under the current
conditions, they likely will have difficulty securing required internal approvals to be
able to provide HUD with information normally required under a regular IHP. This
includes certifications submitted by an Indian tribe authorizing a TDHE to act as its
IHBG recipient, and other certifications of compliance required under section 102(b)
of NAHASDA.
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Accordingly, HUD is waiving the IHP certification requirements in Section 101-103
of NAHASDA and establishing the following an alternative requirements as follows:
IHBG recipients are required to provide HUD with all required IHP certifications in
their Abbreviated IHPs. However, if an authorized official of an Indian tribe or
TDHE provides a statement to HUD indicating that it is not practical or safe for the
Indian tribe or TDHE to secure new certifications due to the impact of COVID-19 on
its operations, or the operations of a beneficiary Indian tribe, HUD will, consistent
with Section 103(d) of NAHASDA, accept all IHP certifications that were previously
submitted and accepted by HUD for FY 2020 IHBG grants (or for FY 2019 IHBG
grants for those IHBG recipients that have not yet submitted their FY 2020 IHP), in
lieu of requiring new tribal certifications to be submitted. IHBG recipients that
choose to use this alternative requirement will be deemed to have submitted such past
certifications for the IHBG-CARES grant and will be bound by such certifications,
accordingly.
Under this alternative requirement, TDHEs may submit Abbreviated IHPs on behalf
of their beneficiary Indian tribes without having to provide any required new IHP
Tribal certifications when applying for IHBG CARES Act funds or amending their
FY 2020 IHBG IHPs for COVID-19 related purposes. However, these TDHEs are
required to consult with their beneficiary Indian tribes that they serve, in a manner
that is feasible and when it is safe and practical to do so, and submit any appropriate
amendments or certifications to their Abbreviated IHPs if they are directed to do so
by the beneficiary Indian tribe.
4) Reprogramming of FY 2020 IHBG Funding
HUD strongly encourages IHBG recipients to consider reprogramming existing FY
2020 IHBG funding to help address COVID-19, because this funding likely is more
immediately available. To expedite and facilitate the use of such funds for this
purpose, HUD is waiving Section 103 of NAHASDA and 24 CFR § 1000.230 to the
extent necessary to allow IHBG recipients to expend IHBG FY 2020 funds on IHBG
activities that meet the eligible purposes of the CARES Act (to prevent, prepare for,
and respond to COVID-19), (including activities made eligible under the waivers and
alternative requirements provided in this Notice), without first having to amend their
FY 2020 IHP. IHBG recipients that choose to do this must still amend their FY 2020
IHP, at a later date, but prior to submission of their APR, to reflect these new uses or
activities, but may request an extension if doing so is not feasible and safe for Tribal
or TDHE staff at that time.
Additionally, HUD is waiving the requirement in 24 CFR § 1000.232 that provides
that certain IHP amendments that add new activities or involve a decrease in the
amount of funds provided to protect and maintain the viability of FCAS units require
HUD to review such modifications and determine that they comply with NAHASDA.
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IHBG recipients may reprogram FY 2020 funding to add new activities and decrease
funding for FCAS units without HUD prior review and approval, provided that the
IHBG recipient is carrying out eligible COVID-19-related IHBG activities.
Similarly, the FY 2020 IHP must be amended to reflect these changes prior to
submission of their APR, to reflect these added activities or a decrease in the amount
of FCAS funds, but may request an extension if doing so is not feasible and safe for
Tribal or TDHE staff at that time.
b. IHP Submission Deadline for Annual IHBG Formula Grants
Statutory Authority: Section 101(b) and 102(a) of NAHASDA
Regulatory Authority: 24 CFR §§ 1000.214, 1000.216, 1000.225
Description: Section 101(b) of NAHASDA permits the Secretary to make a grant on
behalf of an Indian tribe for a fiscal year only if the Indian tribe has submitted an IHP for
such fiscal year. Section 102(a) of NAHASDA requires the IHP be submitted no later
than 75 days before the beginning of each tribal program year.
Due to the disruption in Tribal and TDHE operations caused by COVID-19, and to
facilitate recipients’ efforts to respond, HUD is waiving these requirements and
modifying them to allow for a new IHP submission deadline for recipients with program
years beginning April 1, 2020, and July 1, 2020. IHBG recipients with these program
years beginning these dates may submit their IHP for their program year on or before
October 16, 2020. HUD is also establishing alternative requirements for the content of
IHPs.
Original and Extended IHP Due Dates by Program Year Starts
Program Year Starts Original IHP Due Date Extended IHP Due Date
4/1/2020 1/17/2020 10/16/2020
7/1/2020 4/17/2020 10/16/2020
As the ongoing COVID-19 pandemic progresses, HUD will assess whether additional
extensions are needed and may grant further extensions, if appropriate.
c. Annual Performance Report Submission Deadline
Statutory Authority: Sections 403 and 404 of NAHASDA
Regulatory Authority: 24 CFR § 1000.514
Description: NAHASDA requires that, not less frequently than annually, each recipient
must review the activities conducted and housing assisted under the Act to assess
compliance with the IHBG program requirements. The results of each review must be
included in an Annual Performance Report (APR) submitted to the Secretary under
section 404 and made available to the public. 24 CFR § 1000.514 of IHBG Regulations
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requires the APR be submitted to HUD within 90 days of the end of a recipient's program
year.
Due to the disruption in Tribal and TDHE operations caused by COVID-19, and to
facilitate recipients’ efforts to respond, HUD is establishing an alternative requirement
under which IHBG recipients with Program Years ending December 31, 2019, submit
their APRs for their program year on June 28, 2020, and IHBG recipients with program
years ending March 31, 2020, submit their APR for their program year on September 27,
2020.
Original and Extended APR Due Dates by Program Year Ends
Program Year Ends Original APR Due Date Extended APR Due Date
12/31/2019 3/30/2020 6/28/2020
3/31/2020 6/29/2020 9/27/2020
As the ongoing COVID-19 pandemic progresses, HUD will assess whether additional
extensions are needed and may grant further extensions, if appropriate.
d. Income Verification
Regulatory Authority: 24 CFR § 1000.128
Description: 24 CFR § 1000.128 requires IHBG recipients to verify that a family is
income-eligible. Families are required to provide documentation to verify this
determination, and a recipient is required to maintain that documentation. Families may
be required by the IHBG recipient to periodically verify income after initial occupancy,
and the recipient is required to maintain documentation.
Given the COVID-19 related challenges facing families seeking IHBG assistance,
families currently receiving IHBG assistance that are due for income recertification, and
Tribal and TDHE staff charged with verifying income and maintaining documentation,
HUD is establishing the following alternative requirement under 24 CFR § 1000.128:
1) IHBG recipients may deviate from their current written admissions and
occupancy policies, and may allow less frequent income recertifications; and
2) IHBG recipients may carry out intake and other tasks necessary to verify
income remotely if the IHBG recipient or eligible families chooses to do so,
including allowing income self-certification over the phone (with a written record
by the IHBG recipient’s staff), or through an email with a self-certification form
signed by a family.
e. Public Health Services
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Statutory Authority: Section 202(3) of NAHASDA
Description: Section 202(3) of NAHASDA authorizes the use of IHBG funds for the
provision of housing-related services for affordable housing. Under this eligible activity,
IHBG funds can be used to provide services such as housing counseling, activities related
to the provision of self-sufficiency and other services related to assisting owners, tenants,
contractors, and other entities, participating or seeking to participate in the IHBG
program.
HUD is waiving Section 202(3) and establishing an alternative requirement to the extent
necessary to allow IHBG funds to be used to carry out a wide range of public health
services under this category of eligible activities. Accordingly, in addition to the housing
services normally eligible under Section 202(3), IHBG recipients may be used on a wide
range of public health activities designed to allow IHBG-eligible residents and staff of
the IHBG recipient prepare for, prevent, or respond to COVID-19.
Eligible uses of IHBG funds under this waiver and alternative requirement include, but
are not limited to: providing testing, diagnosis or other related services to residents;
establishing a fixed or mobile location to conduct testing and treatment; paying for
necessary equipment, supplies, and materials, including personal protective equipment;
carrying out public health services designed to help staff, eligible residents, and other
third-party providers serving eligible residents, prepare for, prevent, or respond to
COVID-19; delivering meals on wheels or other food delivery services to eligible
residents that are sheltered-in-place and complying with a stay at home order, or
otherwise maintaining recommended social distancing.
HUD strongly encourages IHBG grantees to coordinate with recipients of other Federal
sources of funding for this purpose, including funding provided by the Indian Health
Service, to ensure IHBG funds are used to supplement rather than supplant such funding.
f. COVID-19-related Assistance to Non-Low Income and Non-Native Families
Statutory Authority: Section 201(b) of NAHASDA
Regulatory Authority: 24 CFR §§ 1000.104, 1000.106, 1000.108, 1000.110; 1000.312,
1000.314, 1000.318
Description: Section 201(b) of NAHASDA and its implementation regulations, except
for specified exceptions, limit assistance under eligible housing activities to low-income
Indian families.
The COVID-19 pandemic poses a unique threat to the health and safety of Tribal
communities. Persons infected with the virus, regardless of income or tribal membership,
pose a health risk to the entire community, and low-income families are especially
vulnerable given the severe overcrowding in Indian Country, infrastructure challenges,
and the lack of access to running water and readily available health care services in many
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remote communities. To effectively prevent, prepare for, and respond to COVID-19,
IHBG recipients may find the need to use IHBG resources or NAHASDA-assisted
housing units to provide shelter-in-place housing and public health services to otherwise
ineligible persons and families, with the goal of protecting the health and safety of the
most vulnerable low-income Native American families who may be infected.
Given this, HUD is waiving Section 201(b) and its implementing regulations, and
establishing alternative requirements to the extent necessary to allow IHBG funds to be
used by recipients to prevent, prepare for, and respond to COVID-19 through the
following limited activities that provide assistance to all affected and threatened people
without regard to income limits or Indian status: temporary shelter-in-place, isolation
centers, purchasing and making medical testing kits available, purchasing and distributing
masks and other personal protection equipment, emergency food preparation and
distribution, cleaning and decontamination, and other directly related activities.
Permanent rental assistance, mortgage assistance, housing rehabilitation and new housing
construction may not be provided for the benefit of such otherwise ineligible families
under this waiver and alternative requirement.
This assistance may only be provided to such otherwise ineligible families if: it is
provided during the COVID-19 emergency; if it is designed to protect the health and
safety of low-income Native American families; if it is provided on an urgent basis (as
documented by the IHBG recipient); and if it is temporary in nature. When providing this
assistance, IHBG recipients must maintain records documenting that these criteria were
met at the time that such assistance was provided.
Under this waiver and alternative requirement, IHBG recipients may house low-income
non-Indian families or over-income Indian and non-Indian families in NAHASDA-
assisted units, including FCAS units) to shelter-in-place those families per CDC
guidelines to protect low-income Indian families and the Tribal community from the
further spread of COVID-19, regardless of income or Indian status. IHBG funds may
also be used to provide temporary rental assistance to otherwise ineligible persons or
families in privately owned units, hotels/motels, and similar facilities designed to shelter-
in-place or isolate infected persons from others, if the criteria under this waiver and
alternative requirements are met. The use of NAHASDA-assisted units, including FCAS,
or funds for the temporary shelter-in-place or isolation of any individuals shall be
temporary.
24 CFR §§ 1000.312 and 1000.314 identify FCAS units as low rent, Mutual Help and
Turnkey III housing units owned and operated by an IHBG recipient. 24 CFR §
1000.318 establishes when these units can be considered FCAS for purposes of the IHBG
formula. These regulations are also waived and modified to the extent necessary to not
impact the FCAS eligibility of FCAS units used for this purpose of addressing COVID-
19 regardless of income or Indian status, provided such units are operated as low income
housing dwelling units once no longer needed to shelter-in-place persons, and upon a
determination that such units are safe to be occupied again by low income families not
infected with COVID-19.
38
Assistance provided in accordance with this waiver shall not count towards the maximum
amount of assistance that IHBG recipients may otherwise provide to non-low-income
families specified in 24 CFR § 1000.110.
By providing temporary assistance to address the immediate health, safety and economic
needs of all citizens in Indian Country, recipients can better insure the health and safety
of low-income Indian families in their communities.
g. Useful Life
Statutory Authority: Section 205 of NAHASDA
Regulatory Authority: 24 CFR §§ 1000.141, 1000.142, 1000.143, 1000.144, 1000.146,
1000.147
Description: Section 205(a)(2) of NAHASDA requires each dwelling unit in a recipient’s
housing developed or assisted under the Act will remain affordable, according to binding
commitments satisfactory to HUD, for the remaining useful life of the property. The
IHBG regulations require each recipient to describe, in its IHP, its determination of the
useful life of the assisted housing units in its developments in accordance with the local
conditions of the Indian area of the recipient. By approving the IHP, HUD determines
the useful life in accordance with section 205(a)(2).
HUD is waiving these requirements to determine and maintain affordability during the
useful life of housing units assisted with IHBG-CARES grant funding and FY 2020
IHBG funding used to address COVID-19 if that assistance is related to cleanup of
COVID-19 contamination and temporary use dwelling units for purposes of housing and
quarantining families to inhibit the spread of COVID-19 to low-income Indian families
and the Tribal community.
h. Total Development Cost (TDC) Limits
Regulatory Authority: 24 CFR §§ 1000.156, 1000.158, 1000.160, 1000.162
Description: The IHBG regulations require that affordable housing under NAHASDA be
of moderate design with a size and with amenities consistent with unassisted housing
offered for sale in the Indian tribe’s general geographic area to buyers who are at or
below the area median income. To achieve this requirement the recipient must either,
adopt written standards for its affordable housing programs that reflect the requirement
specified, or use TDC limits published periodically by HUD that establish the maximum
amount of funds (from all sources) that the recipient may use to develop or
acquire/rehabilitate affordable housing. The limits provided by the TDC may not,
without prior HUD approval, exceed by more than 10 percent the TDC maximum cost for
the project. Non-dwelling structures used to support an affordable housing activity must
39
be of a design, size and with features or amenities that are reasonable and necessary to
accomplish the purpose intended by the structures.
HUD expects that COVID-19 will likely have both a short-term and the long-term impact
of IHBG recipients’ programs. Because of the long-term need to prevent, prepare for,
and respond to COVID-19, IHBG recipients may find it appropriate to use IHBG-
CARES grant funds to acquire or construct new housing units with the goal of reducing
severe overcrowding in Indian Country that leave Native American populations,
particularly the elders and disabled, especially vulnerable to COVID-19. Accordingly,
HUD is establishing an alternative requirement relating to limitations on cost or design
standards and TDC with respect to dwelling and non-dwelling units developed, acquired
or assisted with funding provided to be used by recipients to prevent, prepare for, and
respond to COVID-19. An IHBG recipient may exceed the current TDC maximum by 20
percent without HUD review or approval if the purpose of the development, acquisition
or assistance is to prevent, prepare for, and respond to COVID-19. The recipient,
however, must maintain documentation that indicates the dwelling and non-dwelling
units developed, acquired or assisted with this funding will, after this crisis, be for IHBG
eligible families and the design, size, and amenities are moderate and comparable to
housing in the area. The TDC limits can be exceeded by more than 20 percent if the
recipient receives written approval from HUD Headquarters. This waiver applies to both
single-family and multi-family housing, as well as non-dwelling structures supporting an
activity to prevent, prepare for, and respond to COVID-19.
Period of Availability: This waiver and alternative requirement is available only so long
as the Total Development Costs specified in PIH Notice 2019-19 remain in effect.
i. Prohibition Against Investment of CARES Act Grant Funds
Statutory Authority: Section 204(b) of NAHASDA
Regulatory Authority: 24 CFR § 1000.58
Description: Section 204(b) of NAHASDA permits IHBG recipients to invest grant
amounts for the purposes of carrying out affordable housing activities in investment
securities and other obligations as approved by HUD. Under 24 CFR § 1000.58 of the
IHBG regulations, HUD has approved certain IHBG recipients based, among other
things, on a history of compliance and capacity, to invest IHBG funding certain securities
and interest-bearing accounts for the purpose of carrying out affordable housing
activities.
HUD is waiving section 204(b) of NAHASDA and 24 CFR § 1000.58 and prohibiting the
investment of any IHBG funding provided under the CARES Act. Such funding is to be
used by recipients to prevent, prepare for, and respond to COVID-19, including to
maintain normal operations and fund eligible affordable housing activities under
NAHASDA during the period that each recipient’s program is impacted by COVID-19.
Given the limited scope of this funding to address the immediate health, safety and
40
economic needs of citizens in Indian Country, drawing down funds for investment in
securities and long-term interest-bearing accounts is prohibited.
14. Waivers and Alternative Requirements Applicable to the Indian Community
Development Block Grant Program.
Introduction: Pursuant to the CARES Act, HUD may waive, or specify alternative
requirements for, any provision of any statute or regulation that HUD administers in
connection with the use of amounts made available for the ICDBG program under the
CARES Act (ICDBG-CARES grants), and FY 2020 ICDBG funds (both Single Purpose
Grants and Imminent Threat Grants) appropriated under the Further Consolidated
Appropriations Act of 2020 (Public Law 116–94) (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), upon a finding by
HUD that any such waivers or alternative requirements are necessary to expedite or
facilitate the use of such amounts to prevent, prepare for, and respond to COVID-19.
Accordingly, the following waivers and alternative requirements apply only to ICDBG-
CARES grants (the new ICDBG funding provided under the CARES Act), and FY 2020
ICDBG funds. ICDBG grantees are reminded that these waivers and alternative
requirements do not apply to ICDBG funds appropriated in any other prior year. In
applying these waivers and alternative requirements, ICDBG grantees must ensure that
they are doing so only with respect to ICDBG-CARES grant funding and their FY 2020
ICDBG grant(s).
The CARES Act also provides that any waivers granted by HUD shall be deemed to be
effective as of the date an Indian tribe began preparing for COVID-19. Accordingly, the
relief provided by following waivers and alternative requirements will apply retroactively
to the date that the respective ICDBG grantee began preparing for coronavirus.
Additionally, any related costs previously incurred by ICDBG grantees that are also
eligible and allowable ICDBG-CARES costs may be covered or reimbursed with ICDBG
funding provided under the CARES Act. ICDBG-CARES grantees should maintain
documentation demonstrating when the grantee began preparing for COVID-19. Such
documentation should be maintained to ensure that both HUD and the grantee can clearly
identify the date when waivers and alternative requirements issued by HUD began to
apply, and to support costs incurred by the recipient that it covers or reimburses with
ICDBG-CARES grant funding.
HUD has determined that the following waivers and alternative requirements are
necessary to expedite or facilitate the use of ICDBG funds to prevent, prepare for, and
respond to COVID-19.
Period of Availability: The period of availability of each ICDBG waiver and alternative
requirement below ends when funds subject to the waiver and alternative requirement are
expended, unless otherwise specified under each waiver and alternative requirement.
41
a. Citizen Participation
Statutory Authority: Section 104 of the Housing and Community Development Act of
1974 (HCD Act)
Regulatory Authority: 24 CFR §§ 1003.604,1003.305(b)(3)
Description: Section 104 of the HCD Act and 24 CFR § 1003.604 requires ICDBG
applicants to consult with residents prior to submitting their funding applications. The
regulation mandates minimum citizen participation requirements, including holding one
or more meetings to obtain the views of residents. 24 CFR § 1003.305(b)(3) requires
ICDBG recipients to meet the citizen participation requirements of 24 CFR § 1003.604
before amending previously awarded ICDBG grants.
Considering COVID-19-related social distancing directives, and other prohibitions
against large in-person gatherings, in person citizen meetings are not advised.
Accordingly, HUD is waiving 24 CFR § 1003.604(a)(2) and 24 CFR § 1003.305(b)(3),
and will not require Indian tribes to hold one or more meetings to obtain the views of
residents before applying for ICDBG-CARES grant funding or amending their FY 2020
ICDBG grants to address COVID-19. Indian tribes will continue to be required,
however, to meet the citizen participation requirements by publishing or posting
information on their plans to use ICDBG grants, and accepting and considering
comments, to the extent the Indian tribe determines that that can be done without
subjecting residents to unnecessary risks to health and safety. Indian tribes may also
choose to hold virtual meetings with the public to meet these streamlined citizen
participation requirements, if feasible.
When holding a virtual meeting, a grantee should take appropriate steps to ensure
effective communication with persons with disabilities consistent with the requirements
of accessibility laws, such as Section 504 of the Rehabilitation Act.
For virtual meetings, such steps will include ensuring that information is provided on an
accessible website, that e-mails and other digital notifications are accessible, and that the
application or platform used to host the hearing is also be accessible. Additional services
such as audio description or captioning may also be needed to provide effective
communication in a digital context. Helpful guidelines for ensuring the accessibility of
web-based and digital materials are available through the World Wide Web Consortium’s
Web Accessibility Initiative at https://www.w3.org/WAI/. Examples of auxiliary aids and
services that may be necessary when conducting hearings online can be found at 28
C.F.R. § 35.104. If no method of conducting a virtual hearing is available that
appropriately accommodates an individual’s disability, the grantee may not hold against
the individual his or her inability to participate in the hearing, and an in-person hearing
may be scheduled for a later date when the unnecessary risks to the health and safety of
participants have alleviated.
Additionally, grantees should be mindful that many low-income persons may not be able
42
to participate in a virtual meeting due to lack of Internet access. Grantees are encouraged
to also make any virtual meetings available via telephone so that persons can participate
even if they do not have access to the Internet.
b. Application Process for ICDBG-CARES Grants and Funding Criteria
Regulatory Authority: 24 CFR §§ 1003.400, 1003.401, 1003.402; Section I.A.1.b. of the
combined FY 2019/2020 ICDBG Notice of Funding Availability (NOFA)
Description: The regulation at 24 CFR § 1003.400 specifies the funding criteria for
ICDBG Imminent Threat (IT) grants. It provides that: 1) The urgency and immediacy of
the threat must be independently verified before an ICDBG IT application can be
approved by HUD; 2) Funds may only be used to deal with imminent threats that are not
of a recurring nature and which represent a unique and unusual circumstance, and which
impact on an entire service area; 3) HUD will establish grant ceilings. The regulation at
24 CFR § 1003.401 specifies the application process that applicants must follow. The
regulation at 24 CFR § 1003.402 addresses the availability of funding and what happens
to remaining unobligated ICDBG IT funds at the end of each fiscal year. It provides that
if any reserved funds are not used to fund ICDBG IT grants during a fiscal year, they will
be added to the allocation of ICDBG funds for the subsequent fiscal year and will be used
as if they were a part of the new allocation.
The COVID-19 pandemic has resulted in a declared national emergency and is a
domestic and international crisis. This is a unique well-documented emergency that is
having an impact on all Tribal communities. Considering this, HUD is waiving and
modifying 24 CFR § 1003.400, 24 CFR § 1003.401, 24 CFR § 1003.402, and Section
I.A.1.b. of FY 2019/2020 ICDBG NOFA to the extent necessary to provide for the
following alternative requirements:
1) Criteria for Funding
HUD will issue further guidance in the very near future on the application process
and criteria for ICDBG applicants applying for ICDBG-CARES grants to address the
COVID-19 emergency.
With respect to applications for ICDBG-CARES grants and FY 2020 ICDBG
Imminent Threat grants to address the COVID-19 emergency: The urgency and
immediacy of the threat need not be independently verified before approval of an
application. The urgency and immediacy of the threat will be presumed by HUD,
unless HUD has evidence to the contrary. Similarly, these applications need not
demonstrate that COVID-19 is a non-recurring imminent threat and that it has an
impact on an entire service area. HUD will presume these criteria are met unless
HUD has evidence to the contrary.
43
2) Grant Ceilings
For ICDBG-CARES grants, HUD is waiving the current ICDBG Imminent Threat
grant ceilings (currently set at $450,000 for projects in areas that have not received a
Presidential Major Disaster Declaration, and $900,000 for areas that have received a
Presidential Major Disaster Declaration). HUD will publish an ICDBG-CARES
Implementation Notice in the very near future and establish grant ceilings in that
notice.
HUD may also further revise these grant ceilings in the future depending on how the
pandemic evolves, program demand, the availability of additional appropriations, and
related factors. HUD will notify Indian tribes in writing if these grant ceilings are
revised in the future.
3) Reimbursement of Costs and Letter to Proceed
The CARES Act provides that ICDBG-CARES grant funds provided under the Act
may be used to cover or reimburse allocable costs to prevent, prepare for, and respond
to COVID-19 incurred by an ICDBG applicant, including costs incurred prior to the
enactment of the Act. Accordingly, any previous costs incurred by an ICDBG
applicant or grantee before the enactment of the Act may be reimbursed with ICDBG-
CARES grant funding. Considering this, HUD is waiving 24 CFR § 1003.400(b) to
the extent necessary to allow ICDBG applicants and grantees to receive ICDBG-
CARES grants without having to demonstrate to the satisfaction of HUD that other
Tribal funding sources cannot be made available to alleviate the threat. Additionally,
HUD will not consider recently awarded IHBG funding provided under the CARES
Act, and regular IHBG funding that has already been budgeted in the relevant IHP or
contracted, when assessing available Federal resources. HUD is also waiving the
letter to proceed provision in 24 CFR § 1003.401(a) so that ICDBG applicants and
grantees do not need to have received a letter to proceed from the Area ONAP as a
condition of reimbursing themselves for eligible costs already incurred that can be
reimbursed pursuant to the CARES Act.
ICDBG-CARES grantees remain responsible for ensuring that they are coordinating
locally, and with other Federal agencies, to ensure that funds are used appropriately to
address gaps in funding, and to avoid any duplication of benefits.
4) Availability of Funds
HUD is waiving 24 CFR § 1003.402 which provides that if any reserved funds are not
used to fund imminent threat grants during a fiscal year, they will be added to the
allocation of ICDBG funds for the subsequent fiscal year and will be used as if they
were a part of the new allocation. HUD is waiving this regulation to expedite and
facilitate the use of ICDBG-CARES grant funds to address COVID-19. If ICDBG-
44
CARES grant funds are not awarded in a fiscal year, HUD will assess how the
pandemic is progressing, program demand, available funding, and related factors, and
reserves the right to adjust how funding is awarded to ensure needs of tribes are met,
including possibly setting aside a portion of funding to address the needs of Tribes
with the greatest needs. HUD may also award additional funding through the IHBG-
CARES program if a sufficient amount of ICDBG-CARES funding remains
unobligated after a period of time and projected program demand is low.
c. Removal of Public Services 15 Percent Cap under FY 2020 ICDBG Grants
Statutory Authority: Section 105 of HCD Act
Regulatory Authority: 24 CFR § 1003.201(e); FY 2019/2020 ICDBG NOFA
Description: Section 105 of the HCD Act and the ICDBG implementing regulation at 24
CFR § 1003.201(e) authorize the use of ICDBG funds to carry out public services
activities, but provide that the amount of ICDBG funds used for public services shall not
exceed 15 percent of the respective ICDBG grant. Congress lifted the 15 percent cap on
public services funded under the ICDBG Imminent Threat funding appropriated under
the CARES Act and for FY 2020 ICDBG funding in recognition of the great and
immediate need for public services to help address and prepare for the impact of COVID-
19 in Tribal communities.
Accordingly, HUD is waiving Section 105 of the HCD Act, 24 CFR § 1003.201(e), and
language in the definition of the term “public services” in the FY 19/20 ICDBG NOFA to
the extent necessary to remove the 15 percent cap on FY 2020 ICDBG funding (both
Single Purpose and Imminent Threat grants), to align with ICDBG Imminent Threat
funding provided under the CARES Act. ICDBG grantees that have been awarded FY
2020 ICDBG funds are reminded that they must still comply with the provisions of 24
CFR § 1003.305 if they are seeking to amend their grants to carry out additional public
services or other activities to prevent, prepare for, or respond to COVID-19.
d. Rental Assistance, Utility Assistance, Food, Clothing, and Other Emergency
Assistance
Statutory Authority: Section 105 of the HCD Act.
Regulatory Authority: 24 CFR § 1003.207(b)(4)
Description: Section 105(a)(8) authorizes the use of ICDBG funds for a variety of public
services. Under the implementing regulation at 24 CFR § 1003.207(b)(4), the general
rule is that ICDBG funds may not be used for income payments. For purposes of the
ICDBG program, income payments mean 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, but excludes emergency payments made over a period of up to
45
three months to the provider of such items or services on behalf of an individual or
family.
COVID-19 is having a substantial negative impact on Native American families’ ability
to work, earn an income, pay their rent or mortgage, access or pay for food and clothing,
and access many other essential services. Many tribes and TDHEs have reported to HUD
that they shut down and community members are sheltering in place. Additionally, HUD
expects that tribes will need to respond to long-term impacts of COVID-19. To help
Tribal communities address these challenges, HUD is waiving Section 105(a)(8) and 24
CFR § 1003.207(b)(4) to the extent necessary to establish the following alternative
requirement:
1) ICDBG grant funds may be used to provide emergency payments for low and
moderate income individuals or families impacted by COVID-19 for items such as
food, medicine, clothing, and other necessities, as well as rental assistance and utility
payment assistance, without regard for the 3-month limitation in 24 CFR §
1003.207(b)(4), but for a period not to exceed six months unless further expanded by
HUD at a later date. At this time, emergency mortgage assistance will remain limited
to no more than 3 months under 24 CFR § 1003.207(b)(4). However, HUD may
provide additional waiver relief for ICDBG-funded mortgage assistance at a later date
as the pandemic progresses. Indian tribes are reminded that the CARES Act provided
foreclosure and forbearance relief for borrowers under the Section 184 Indian Home
Loan Guarantee program, as well as other borrowers.
2) These emergency payments must be used to either cover costs incurred directly by the
ICDBG grantee in cases where the ICDBG grantee is providing this assistance, or
made directly to a third party provider of such items or services on behalf of an
individual or family, and may not be paid directly to an individual or family in the
form of income payments, debit cards, or similar direct income payments. ICDBG
grantees must ensure that proper documentation is maintained to ensure that all costs
incurred are eligible.
ICDBG grantees using this alternative requirement must document, in its policies and
procedures, how they will determine the amount of assistance to be provided is
necessary and reasonable.
e. Purchase of Equipment
Regulatory Authority: 24 CFR §§ 1003.207(b)(1); 1003.201(c)(1)(ii)
Description: The purchase of equipment with ICDBG funds is generally ineligible under
24 CFR § 1003.207(b)(1), with some exceptions.
Given the immediate need for medical and personal protective equipment, and other
46
related equipment needed to help prevent, prepare for, and respond to the COVID-19
pandemic in Tribal communities, HUD is waiving 24 CFR § 1003.207(b)(1) and
authorizing the use of ICDBG funds for the purchase of equipment necessary to prevent,
prepare for, and respond to the COVID-19.
ICDBG grantees must ensure that ICDBG funds are used to supplement other Federal
sources of funding for this purpose, including funding provided by the Indian Health
Service, and should not be used to supplant such funding.
f. Operating Expenses for Public Facilities
Regulatory Authority: 24 CFR § 1003.207(b)(2)
Description: 24 CFR § 1003.207(b)(2) provides that expenses associated with repairing,
operating or maintaining public facilities, improvements and services are generally
ineligible, with some exceptions.
Indian tribes may find the need to use ICDBG funds to fund a variety of public facilities,
including constructing facilities for testing, diagnosis, or treatment, rehabilitating existing
facilities to establish infectious disease treatment clinics, acquiring and converting hotels,
motels, or similar facilities to expand capacity of hospitals to accommodate isolation of
patients during recovery, and more. These facilities will likely need to be operated and
maintained for the duration of the COVID-19 pandemic. Accordingly, HUD is waiving
24 CFR § 1003.207(b)(2) to the extent necessary to allow the use of ICDBG funds to pay
for such operating and maintenance expenses of any public facility, to the extent it is used
for COVID-19-related purposes. In incurring such costs, ICDBG grantees may not use
this waiver to pay for associated staffing costs of such public facilities. ICDBG grantees
must also ensure that ICDBG funds are used to supplement other Federal sources of
funding for this purpose, including funding provided by the Indian Health Service, and
should not be used to supplant such funding.
g. New Housing Construction by Tribe
Statutory Authority: Section 105 of the HCD Act
Regulatory Authority: 24 CFR § 1003.207(b)(3)
Description: 24 CFR 1003.207(b)(3) generally prohibits the use of ICDBG funds for new
housing construction, with some exceptions. ICDBG may be used for new housing
construction if provided as last resort housing under 24 CFR Part 42, or when carried out
by a Community-Based Development Organization (CBDO).
As HUD found in its 2017 Native American Housing Needs Study, severe overcrowding
and substandard housing is a major challenge in Indian Country. These conditions
increase risks of infection amongst low- and moderate-income Native American
families. Indian tribes may find the need to construct temporary or permanent new
47
housing to help prevent, prepare for, and respond to COVID-19, and may find it
necessary to do so without having to carry out such activities through a
CBDO. Accordingly, HUD is waiving and modifying Section 105 of the HCD Act and
24 CFR 1003.207(b)(3) to the extent necessary to provide for the following alternative
requirement: Indian tribes and tribal organizations may use ICDBG funds to carry out
new housing construction when such construction is carried out to reduce overcrowding,
or to otherwise prevent, prepare for, or respond to COVID-19.
When assessing applications for ICDBG-CARES grants that propose to carry out new
housing construction, HUD will only fund applications that propose to carry out new
housing construction that is clearly designed to prevent, prepare for, and respond to
COVID-19, and that the applicant plans to carry out expeditiously. HUD will issue
additional ICDBG-CARES implementation guidance in the near future.
15. Further Information. Question concerning this notice should be submitted by email to the
following HUD mailbox: PIH-covidwaivers@hud.gov
____________________________________
R. Hunter Kurtz
Assistant Secretary for Public and
Indian Housing
48
Attachment: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
This chart summarizes the waivers authorized under this notice and the availability period for each. As stated in Section 5,
PHAs must keep written documentation on the waivers applied by the PHA as well as the effective dates. To fulfill those
requirements, PHAs may but are not required to utilize the last two columns to record this information.
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
PH and HCV-1 Statutory Authority Alternative dates for Varies based on
PHA 5-Year Section 5A(a)(1), submission FYE
and Annual Section 5A(b)(1), Changes to significant 7/31/20
Plan Section 5A(g), Section amendment process
5A(h)
Regulatory Authority
§ 903.5(a)(3),
903.5(b)(3), 903.21
PH and HCV-2 Statutory Authority Permits the PHA to 12/31/20
Family income Section 3(a)(1) delay the annual
and reexamination of income
composition – Regulatory Authority and family composition
delayed annual § 982.516(a)(1), § HCV PHAs must
reexaminations 960.257(a) implement HCV-7 for
impacted families if they
implement this waiver
PH and HCV-3 Regulatory Authority Waives the requirements 7/31/20
Annual § 5.233(a)(2) to use the income
1
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
reexamination hierarchy, including the
Income Sub-regulatory Guidance use of EIV, and will
Verification PIH Notice 2018-18 allow PHAs to consider
self-certification as the
highest form of income
verification
PHAs that implement
this waiver will be
responsible for
addressing material
income discrepancies
that may arise later
PH and HCV-4 Statutory Authority Waives the requirement 7/31/20
Interim Section 3(a)(1) to use the income
reexaminations verification
Regulatory Authority requirements, including
§ 5.233(a)(2), the use of EIV, for
982.516(c)(2), interim reexaminations
960.257(b) and (d)
Sub-regulatory Guidance
PIH Notice 2018-18
PH and HCV-5 Regulatory Authority Waives the mandatory 7/31/20
EIV System § 5.233 EIV monitoring
Monitoring requirements.
Sub-regulatory Guidance
2
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
PIH Notice 2018-18
PH and HCV-6 Regulatory Authority Provides for extensions 12/31/20
FSS Contract of § 984.303(d) to FSS contract of
Participation participation
PH and HCV-7 Regulatory Authority Waives public notice 7/31/20
Waiting List § 982.206(a)(2) requirements for opening
PIH Notice 2012-34 and closing waiting list
Requires alternative
process
HQS-1 Statutory Authority Changes initial 7/31/20
Initial Section 8(o)(8)(A)(i), inspection requirements,
inspection Section 8(o)(8)(C) allowing for owner
Regulatory Authority certification that there
§ 982.305(a), are no life-threatening
982.305(b), 982.405 deficiencies 10/31/20
Where self-certification
was used, PHA must
inspect the unit no later
than October 31, 2020.
HQS-2: PBV Statutory Authority: Changes inspection 7/31/20
Pre-HAP Section 8(o)(8)(A) requirements, allowing
Contract for owner certification
Inspections, Regulatory Authority: that there are no life-
PHA acceptance §§ 983.301(b), threatening deficiencies
of completed 983.156(a)(1) Where self-certification 10/31/20
units was used, PHA must
inspect the unit no later
than October 31, 2020.
3
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
HQS-3 Statutory Authority Allows for extension of 7/31/20
Non-Life Section 8(o)(8)(A)(ii) up to 30 days for owner
Threatening repairs of non-life
HQS - Initial Regulatory Authority threatening conditions
Unit Approval HOTMA HCV Federal
Register Notice January
18, 2017
HQS-4 Statutory Authority Under Initial HQS 7/31/20
Initial HQS - Section 8(o)(8)(A)(iii) Alternative Inspection
Alternative Option - allows for
Inspections Regulatory Authority commencement of
HOTMA HCV Federal assistance payments
Register Notice January based on owner
18, 2017 certification there are no
life-threatening
deficiencies
Where self-certification 10/31/20
was used, PHA must
inspect the unit no later
than October 31, 2020.
HQS-5 Statutory Authority Allows for delay in 10/31/20
Biennial Section 8(o)(D) biennial inspections
Inspections All delayed biennial
Regulatory Authority inspections must be
§§ 982.405(a), completed as soon as
983.103(d) reasonably possible but
4
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
by no later than October
31, 2020.
HQS-6 Statutory Authority Waives the requirement 7/31/20
Interim Section 8(o)(8)(F) for the PHA to conduct
Inspections interim inspection and
Regulatory Authority requires alternative
§§ 982.405(g), § method
983.103(e) Allows for repairs to be
verified by alternative
methods
HQS-7 Regulatory Authority Allows for PBV 7/31/20
PBV Turnover § 983.103(c) turnover units to be
Inspections filled based on owner
certification there are no
life-threatening
deficiencies
Allows for delayed full 10/31/20
HQS inspection
HQS-8: PBV Statutory Authority Allows for PBV units to 7/31/20
HAP Contract – Section 8(o)(8)(A) be added or substituted
HQS Regulatory Authority in the HAP contract
Inspections to §§ 983.207(a), based on owner
Add or 983.207(b) certification there are no
Substitute Units life-threatening
deficiencies
Allows for delayed full 10/31/20
HQS inspection
5
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
HQS-9 Regulatory Authority Provides for a 10/31/20
HQS QC § 982.405(b) suspension of the
Inspections requirement for QC
sampling inspections
HQS--10 Regulatory Authority Waives the requirement Remains in effect
HQS Space and § 982.401(d) that each dwelling unit one year from lease
Security have at least 1 bedroom term or date of
or living/sleeping room notice, whichever is
for each 2 persons. longer
HQS-11 Statutory Authority Waives the requirement 7/31/20
Homeownership Section 8(o)(8)(A)(i), to perform an initial
HQS Section 8(y)(3)(B) HQS inspection in order
to begin making
Regulatory Authority homeownership
§ 982.631(a) assistance payments
Requires family to
obtain independent
professional inspection
HCV-1 Regulatory Authority Waives the requirement 7/31/20
Administrative § 982.54 (a) to adopt revisions to the
Plan admin plan
HCV-2 Regulatory Authority Waives the requirement 7/31/20
PHA Oral § 982.301(a)(3) for an oral briefing
Briefing § 983.252(a) Provides for alternative
methods to conduct
required voucher
briefing
6
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
HCV-3 Regulatory Authority Allows PHAs to provide 7/31/20
Term of § 982.303(b)(1) voucher extensions
Voucher - regardless of current
Extensions of PHA policy
Term
HCV-4 Regulatory Authority Provides for HAP 7/31/20
PHA Approval § 982.305(c) payments for contracts
of Assisted not executed within 60
Tenancy days
PHA must not pay HAP
to owner until HAP
contract is executed
HCV-5 Regulatory Authority Allows for PHA 12/31/20
Absence from § 982.312 discretion on absences
unit from units longer than
180 days
PHAs must not make
HAP payments beyond
12/31/20 for units vacant
more than 180
consecutive days
HCV-6 Regulatory Authority Allows PHA to extend 12/31/20
Automatic § 982.455 the period of time after
Termination of the last HAP payment is
the HAP made before the HAP
Contract contract terminates
automatically.
7
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
HCV-7 Regulatory Authority Provides PHAs with the 12/31/20
Increase in § 982.505(c)(4) option to increase the
Payment payment standard for the
Standard family at any time after
the effective date of the
increase, rather than
waiting for the next
regular reexamination to
do so.
HCV-8 Regulatory Authority Provides for delay in 12/31/20
Utility § 982.517 updating utility
Allowance allowance schedule
Schedule
HCV-9 Statutory Authority Waives the requirement 7/31/20
Homeownership Section 8(y)(1)(D) for the family to obtain
Counseling pre-assistance
Regulatory Authority counseling
§ 982.630, 982.636(d)
HCV-10 Statutory Authority Allows PHAs to increase 12/31/20
FUP Section 8(x)(2) age to 26 for foster
youth initial lease up
PH-1 Regulatory Authority Extension of deadlines Varies by PHA
Fiscal closeout § 905.322(b) for ADCC and AMCC
of Capital Grant
Funds
PH-2 Regulatory Authority Waives the TDC and Applies to
Total § 905.314(c) HCC limits permitting development
8
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
Development approval of amounts in proposals submitted
Costs excess of published TDC to HUD no later than
by 25% to 50% on a case December 31, 2021
by case basis
PH-3 Regulatory Authority Allows for the use of 12/31/20
Cost limitations § 905.314(j) force account labor for
modernization activities
in certain circumstances
PH-4 Regulatory Authority Changes to approval 7/31/20
ACOP § 960.202(c)(1) process for ACOP
PH-5 Statutory Authority Temporarily suspends 3/31/21
CSSR Section 12(c) CSSR
Regulatory Authority
§ 960.603(a) and
960.603(b)
PH-6 Regulatory Authority Allows for delay in due One year beyond
Energy Audits § 965.302 dates of energy audits 2020 audit deadline
PH-7 Housing Opportunity Changes to timeframes 12/31/20
Over-income Through Modernization for determination of
families Act of 2016: Final over-income
Implementation of the
Public Housing Income
Limit 83 FR 35490
9
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
Notice: Notice PIH
2019-11
PH-8 Regulatory Authority Provides for delay in 7/31/20
Resident § 964.130(a)(1) resident council
Council elections
Elections
PH-9 Regulatory Authority Provides for delay in 12/31/20
Utility § 965.507 updating utility
Allowance allowance schedule
PH-10 Regulatory Authority Advance notice not 7/31/20
Tenant § 966.5 required except for
notifications policies related to tenant
charges
11a Regulatory Authority Allows for alternatives HUD will resume N/A N/A
PHAS 24 CFR Part 902 related to inspections issuing new PHAS
PHA to retain prior year scores starting with
PHAS score unless PHAs with FYE
requests otherwise dates of 3/31/21
11b Regulatory Authority PHA to retain prior year N/A N/A
SEMAP 24 CFR Part 985 SEMAP score unless HUD will resume
requests otherwise issuing new SEMAP
scores starting with
PHAs with FYE
dates of 3/31/21
11c Regulatory Authority Allows for extensions of Varies by PHA FYE
Financial §§ 5.801(c), 5.801(d)(1) financial reporting
reporting deadlines
10
Item Statutory and Summary of alternative Availability Period Did PHA Date of
regulatory waivers requirements Ends implement PHA
waiver and adoption
alternative
requirement?
12a Regulatory Authority Waives the requirement 12/31/20
Form HUD 24 CFR Part 908, § to submit 50058 within
50058 982.158 60 days
Alternative requirement
Sub-regulatory Guidance to submit within 90 days
PIH Notice 2011-65 of the effective date of
action
12b Statutory Authority Allows for HUD to 7/31/20 N/A N/A
Designated Section 7(e)(1) delay notification about
housing plan designated housing plan
12c Statutory Authority Provides a one-year One-year extension,
Deadline for Section 9(j) extension however no
reporting Regulatory Authority programmatic
Operating and § 905.306(d)(5) expenditure end date
Capital Fund shall be extended
expenditures beyond one month
prior to closure of
relevant
appropriations acc
11
Attachment: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
COVID-19 Statutory and Regulatory Waivers for ONAP programs
Statutory and Regulatory
Item Waiver/Alternative Requirement Summary
Waivers
1) Abbreviated IHP to Receive IHBG-CARES Grant Funding:
Applicants for IHBG-CARES funding must submit an abbreviated
Statutory Authority: Section
IHP specifying how the funds will be used.
101(b), Section 102, and
2) Recipients that did Not Submit an IHP in FY2020: A Tribe or
Section 103 of NAHASDA
13a. Application TDHE that did not submit a timely or compliant IHP in FY 2020
Regulatory Authority: 24
Process for IHBG- may still qualify for an IHBG-CARES grant.
C.F.R. §§ 1000.214;
CARES Grants and 3) IHP Certifications: IHBG recipients that cannot provide HUD with
1000.218;1000.220; 1000.224;
Indian Housing Plan IHP certifications may still submit an Abbreviated IHP provided an
1000.226; 1000.228;1000.230;
(IHP) Requirements authorized official of the IHBG recipient provides a statement on
and 1000.232
inability to secure certifications.
4) Reprogramming of FY2020 IHBG Funding: FY2020 IHBG funds
may be reprogrammed to address COVID-19 through streamlined
process.
Statutory Authority: Section Org. IHP Due Date Extension
13b. IHP
101(b) and 102(a) of 1/17/2020 10/16/2020
Submission
NAHASDA, IHP Submission Deadlines
Deadline for Annual
Regulatory Authority: 24 CFR Extended
IHBG Formula 4/17/2020 10/16/2020
§§ 1000.214, 1000.216,
Grants
1000.225
Org. APR Due
Extension
Date
13c.Annual Statutory Authority: Sections APR Submission Deadlines 3/30/2020 6/28/2020
Performance Report 403 and 404 of NAHASDA, Extended
Submission Regulatory Authority: 24 CFR 6/29/2020 9/27/2020
Deadline § 1000.514
12
IHBG recipients may deviate from their current written admissions and
13d. Income Regulatory Authority: 24 CFR occupancy policies, including allowing less frequent income
Verification § 1000.128 recertifications, remote income verification, and self-certification over the
phone or email.
13e. Public Health Statutory Authority: Section Recipients may use IHBG-CARES funding to carry out a wide range of
Services 202(3) of NAHASDA public health services.
Statutory Authority: Section
13f. COVID-19-
201(b) of NAHASDA, Recipients may use IHBG-CARES funding to prevent, prepare for, and
related Assistance to
Regulatory Authority: 24 CFR respond to COVID-19 through certain limited activities that provide
Non-Low Income
§§ 1000.104, 1000.106, assistance to all affected and threatened people without regard to income
and Non-Native
1000.108, 1000.110; 1000.312, limits or Indian status.
Families
1000.314, , 1000.318
Statutory Authority: Section
205 of NAHASDA, If the assistance is related to inhibiting the spread of COVID-19 to low-
Regulatory Authority: 24 CFR income Indian families and the Tribal community, Recipients may use
13g. Useful Life
§§ 1000.141, 1000.142, IHBG-CARES funding to assist housing units without determining and
1000.143, 1000.144, 1000.146, maintaining affordability during their useful life.
1000.147
13h. Total Regulatory Authority: 24 CFR Recipients may exceed TDC by 20 percent without HUD approval for
Development Cost §§ 1000.156, 1000.158, dwelling and non-dwelling units developed, acquired or assisted to prevent,
(TDC) Limits 1000.160, 1000.162 prepare for, and respond to COVID-19.
13i. Prohibition Statutory Authority: Section
Against Investment 204(b) of NAHASDA, Recipients are prohibited from investing any IHBG funding provided under
of CARES Act Regulatory Authority: 24 CFR the CARES Act.
Grant Funds § 1000.58
14a. Citizen Statutory Authority: Section
Participation 104 of the Housing and
13
Community Development Act
Indian tribes are not required to hold one or more meetings to obtain the
of 1974 (HCD Act)
views of residents before applying for ICDBG-CARES grant funding or
Regulatory Authority: 24 CFR
amending their FY 2020 ICDBG grants to address COVID-19. .
§ 1003.604
1) Criteria for Funding: With respect to applications for ICDBG-CARES
grants and FY 2020 ICDBG Imminent Threat grants to address the
COVID-19 crisis, the urgency and immediacy of the threat will be
presumed.
2) Grant Ceilings: Current grant ceilings are waived for ICDBG-CARES
and will be set in an ICDBG-CARES Implementation Notice to be
14b. Application Process for ICDBG-CARES Grants published in the very near future.
and Funding Criteria 3) Reimbursement of Costs and Letter to Proceed: ICDBG applicants and
Regulatory Authority: 24 CFR §§ 1003.400, grantees to receive ICDBG-CARES grants do not have to demonstrate
1003.401, 1003.402; Section I.A.1.b. of FY19/20 other Tribal funding sources cannot be made available to alleviate the
ICDBG Notice of Funding Availability (NOFA) threat and may use the funding to cover or reimburse costs to prevent,
prepare for, and respond to COVID-19 without a Letter to Proceed from
the area ONAP.
4) Availability of Funds: If ICDBG-CARES grant funds are not awarded
in a fiscal year, HUD reserves the right to adjust how funding is awarded to
ensure needs of Tribes are met, including possibly setting aside a portion of
funding to address the needs of Tribes with the greatest needs.
Statutory Authority: Section
14c. Removal of
105 of the HCD Act; HUD is eliminating the 15 percent cap on FY 2020 ICDBG funding (both
Public Services 15%
Regulatory Authority: 24 CFR Single Purpose and Imminent Threat grants), to align with ICDBG
Cap under FY 2020
§ 1003.201(e); FY 19/20 Imminent Threat funding provided under the CARES Act.
ICDBG Grants
ICDBG NOFA
14d. Rental
Assistance, Utility Statutory Authority: Section ICDBG grant funds may be used to provide emergency payments for low
Assistance, Food, 105 of the HCD Act; and moderate income individuals or families impacted by COVID-19 for
Clothing, and Other Regulatory Authority: 24 CFR items such as food, medicine, clothing, and other necessities, as well as
Emergency § 1003.207(b)(4) utility payment assistance.
Assistance
14
Regulatory Authority: 24 CFR Grantees may use of ICDBG funds for the purchase of medical and
14e. Purchase of
§§ 1003.207(b)(1); personal protective equipment to prevent, prepare for, and respond to the
Equipment
1003.201(c)(1)(ii) COVID-19.
14f. Operating Grantees may use ICDBG funds to pay operating and maintenance
Regulatory Authority: 24 CFR
Expenses for Public expenses of any public facility, to the extent it is used for COVID-19-
§ 1003.207(b)(2)
Facilities related purposes but not for staffing costs of public facilities.
Statutory Authority: Section
14g. New Housing
105 of the HCD Act, ICDBG grantees may use ICDBG funds to carry out new housing
Construction by
Regulatory Authority: 24 CFR construction under certain conditions without having to use a CBDO.
Tribes
§ 1003.207(b)(3)
15
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2020-05, issued April 10, 2020 under authority of the CARES Act, temporarily suspends or modifies a wide range of statutory and regulatory requirements governing the Public Housing, Housing Choice Voucher, Indian Housing Block Grant, and Indian Community Development Block Grant programs. The notice allows public housing agencies, Indian tribes, and tribally designated housing entities to adjust administrative processes—such as income verification, unit inspections, plan submissions, and waiting list notices—to keep housing programs operational during the COVID-19 national emergency. These flexibilities carry defined expiration dates, generally ranging from July 31, 2020 through December 31, 2020, with some provisions extending further, and do not override fair housing, nondiscrimination, labor standards, or environmental requirements.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026
Plain English — not legal advice.
For Property Managers
Under PIH Notice 2020-05, owners and landlords participating in the Housing Choice Voucher or Project-Based Voucher programs should be aware that PHAs may temporarily substitute owner self-certifications for physical HQS inspections, extend HAP contract execution deadlines beyond the normal 60-day window, and modify interim inspection procedures during the covered period. Compliant operators typically maintain documentation of any certifications they provide to PHAs, continue to uphold their obligation to keep units in HQS condition regardless of inspection deferrals, and respond promptly to PHA notifications about life-threatening deficiencies within the alternative timeframes established by the notice. Owners should also expect that delayed inspections must ultimately be completed by the deadlines specified in PIH Notice 2020-05, generally no later than October 31, 2020.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
PIH Notice 2020-05 makes clear that, even during the COVID-19 emergency, tenants in Public Housing and HCV programs remain responsible for paying their portion of rent as determined by their PHA, and the notice explicitly states that no waiver authority was provided to allow tenants to stop making those payments. However, the notice also directs PHAs to prioritize interim reexaminations for families who have experienced a loss of income, and allows self-certification of income changes by phone, email, or mail during the covered period, which may result in a reduced rent obligation. Tenants who believe their income has changed, or who have concerns about housing conditions or program administration under PIH Notice 2020-05, may contact their local PHA, reach out to a HUD-approved housing counseling agency, or consult a tenant-rights organization for general guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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