HUD PIH Notice § 2021-14
COVID-19 Statutory and Regulatory Waivers and Alternative Requirements for the Public Housing, Housing Choice Voucher (including Mainstream and Mod Rehab), Indian Housing Block Grant and Indian Community Development Block Grant Programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program, Revision 3 (HUD PIH Notices)
HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2021-14
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
SPECIAL ATTENTION OF: NOTICE PIH 2021-14 (HA)
Office Directors of Public Housing; Issued: May 4, 2021
Regional Directors; Public Housing
Agencies; Offices of Native American Expires: This notice remains in effect
Programs; Indian Tribes, and until amended, superseded or rescinded.
Tribally Designated Housing Entities.
Supersedes: Notices PIH 2020-33; PIH 2020-13;
PIH 2020–05
Cross References: Notice PIH-2018-18;
Notice PIH-2019-11; Notice PIH-2011-64;
82 FR 5458 (January 18, 2017); 83 FR
35490 (July 26, 2018); Notice PIH-2020-22;
Notice PIH-2020-20
___________________________________________________________________________
SUBJECT: COVID-19 Statutory and Regulatory Waivers and Alternative Requirements for
the Public Housing, Housing Choice Voucher (including Mainstream and Mod
Rehab), Indian Housing Block Grant and Indian Community Development Block
Grant programs, Suspension of Public Housing Assessment System and Section
Eight Management Assessment Program, Revision 3
1. PURPOSE
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136)
provides the U.S. Department of Housing and Urban Development (HUD) with broad
authority to waive or establish 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.
In Notice PIH 2020–05, published on April 10, 2020, HUD exercised its authority under the
CARES Act to establish waivers and administrative flexibilities to provide relief to Public
Housing Agencies (PHAs), Indian tribes, and Tribally Designated Housing Entities (TDHEs)
in response to the COVID-19 pandemic. PIH subsequently published Notices PIH 2020-13
and 2020-33, which restated all previously established waivers and alternative requirements
from preceding notices, provided additional waivers and alternative requirements, extended
the periods of availability for previously established waivers and alternative requirements,
and issued technical amendments to several of the previously established waivers and
alternative requirements. Additionally, HUD published Notices PIH 2020-20 and PIH 2020-
22, which provided waivers and alternative requirements specific to the Section 8 Moderate
Rehabilitation (Mod Rehab) Program and Mainstream vouchers, respectively, and which
were incorporated into Notice PIH 2020-33.
This notice restates and/or revises the waivers and alternative requirements included
previously in Notice PIH 2020-33, carries forward information on previously specified HUD
actions, adds new waivers and alternative requirements, and extends the period of availability
of most waivers until December 31, 2021.
PIH has determined that each of the waivers provided in this notice may be necessary for the
effective administration of CARES Act funding and previously appropriated funds to
respond to, prepare for or prevent the coronavirus for the provided time period of waiver
availability. With respect to the Public Housing and HCV programs, use of any waiver or
alternative requirement established by HUD is at the discretion of the PHA, unless otherwise
noted, based on the PHA’s determination of whether utilization of these waivers and
alternative requirements are necessary to respond to, prepare for or prevent the coronavirus.
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.
HUD also encourages PHAs to utilize waivers and alternative requirements to expand
housing assistance opportunities, including to families on waiting lists; providing affordable,
safe housing during this time assists in addressing issues like homelessness and
overcrowding that contribute to risk factors during the COVID-19 pandemic.
SUMMARY OF REVISIONS
A list of the waivers and alternative requirements extended by this notice from PIH 2020-33
is included as an appendix. This notice establishes the following new waivers and alternative
requirements:
PH and HCV-8: Eligibility Determination: Income Verification waives the third-party
income verification requirements for applicants and, alternatively, will allow PHAs to
consider self-certification as the highest form of income verification at admission.
PH and HCV-9: Eligibility Determination: Social Security Number and Citizenship
Verification waives the requirements to obtain and verify social security number
documentation and documentation evidencing eligible noncitizen status before
admitting applicants to the HCV and Public Housing programs. Additionally, PHAs
may accept self-certification of date of birth and disability status if a higher level of
verification is not immediately available. As an alternative requirement, individuals
admitted under this waiver must provide the required documentation within 90 days
of admission to be eligible for continued assistance.
HCV-15: Project-Based Voucher (PBV) and Enhanced Voucher (EV) Provisions on
Under-Occupied Units waives requirements so that a PHA may allow a family to
initially lease an under-occupied PBV or Rental Assistance Demonstration (RAD)
PBV unit (a unit that has more bedrooms than what the family qualifies for under
PHA subsidy standards) under certain circumstances as described, and to allow for
the continued occupancy of PBV and EV families already under a lease for an under-
occupied PBV, RAD PBV, or EV unit.
12.e.: Community Service and Self-Sufficiency Requirement (CSSR) Suspension
waives the requirement that each non-exempt adult resident of public housing
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contribute 8 hours per month of community service and/or participation in an
economic self-sufficiency program. This non-discretionary waiver also suspends
enforcement of the requirement by all PHAs operating a public housing program.
This notice extends the period during which HUD will carry forward scores on record under
the Public Housing Assessment System (PHAS) and Section Eight Management Assessment
Program (SEMAP) to all fiscal years ending on or before December 31, 2021.
This Notice also clarifies the scope of two waivers and alternative requirements under the
IHBG/IHBG-CARES program:
13e. Public Health Services: This waiver is revised to clarify the various eligible uses
of IHBG-CARES funds to further the effort to vaccinate IHBG-assisted families. This
includes paying the transportation costs to get IHBG-assisted families and staff of the
IHBG recipient to and from a vaccination site, coordinating with health clinics to
provide on-site vaccinations at a Tribal or TDHE owned or operated location, paying
the costs of providing public health information to staff and residents so they can
learn about the benefits of getting vaccinated and how to get vaccinated, and
supporting IHBG-assisted families and staff of the IHBG recipient with online
registration.
13g. Useful life: This waiver is revised to clarify that this waiver only applies during
the period that a unit is being temporarily used to prevent, prepare for, or respond to
COVID-19. Useful life restrictions are required for other housing activities
conducted with IHBG-CARES funding and are also required after a unit is no longer
needed to temporarily quarantine families and is no longer needed for other COVID-
19 purposes.
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, the Secretary of Health and Human Services 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, the President 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.
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On March 27, 2020, the President signed the CARES Act into law, authorizing 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 COVID-19 pandemic, 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 Notices PIH 2020-05, PIH 2020 –
13 and PIH 2020-33, HUD exercised 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. In addition,
through Notices PIH 2020-20 and PIH 2020-22, HUD provided, among other provisions,
additional flexibilities for the Mod Rehab and Mainstream parts of the HCV program.
Due to anticipated impact of COVID-19 on PHAs and assisted families over an extended
period, HUD considered which flexibilities remain necessary to maintain PHA operations
and which could be allowed to lapse. Through this notice, HUD is extending the period of
availability of many of these previously established waivers and alternative requirements.
This notice consolidates into a single document all previously established waivers and
alternative requirements, including those not being extended at this time.
3. CONTINUED OPERATIONS DURING THE COVID-19 PANDEMIC
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
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.
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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 I, paragraph 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 the Secretary’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 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 the Secretary’s finding that all waivers provided under this notice are
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 will continue to assess the need for further waiver relief during the
COVID-19 pandemic, 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 new waivers and alternative requirements listed in
this notice effective immediately as of the date of this notice for those PHAs that elect to
adopt them. The waivers and alternative requirements previously established in Notices PIH
2020-05, PIH 2020-13, PIH 2020-20, PIH 2020-22 and PIH 2020-33 remain effective as of
the date of publication of those notices. PHAs may adopt the use of any 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. See Notice
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PIH 2020-07, “Implementation of Supplemental Guidance to the Federal Fiscal Year 2020
Operating Fund Appropriations,” available here:
https://www.hud.gov/sites/dfiles/PIH/documents/PIH2020-07.pdf.
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-Veterans Affairs
Supportive Housing (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. See Notices PIH 2020-08,
(“CARES Act – HCV Program Administrative Fees”) and PIH 2020-09 (“CARES Act
Mainstream Funding for Public Housing Authorities (PHAs) Awarded Funding Allocations
in the 2017 and 2019 Competitions), both available here:
https://www.hud.gov/program_offices/public_indian_housing/publications/notices.
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 records 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 Attachment I to this notice. A PHA does not need to notify HUD or receive HUD approval
to begin utilizing 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 publicly post or otherwise make available to the public a list of such waivers and
alternative requirements by whatever means it considers most effective (e.g., posting to its
website, posting in central and any satellite offices and properties) as soon as practicable.
The PHA also is required to notify affected residents and owners of any impacts that the
waiver and alternative requirement (where applicable) may have on them by whatever means
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it considers most effective as soon as practicable. 1HUD recognizes that the COVID-19
pandemic 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 established in prior notices remain effective as of the date of
publication which established the waiver/alternative requirement. The new
waivers/alternative requirements established in this notice are effective for immediate use by
PHAs as of the date of this notice. The specific statute, regulation, and/or sub-regulatory
guidance being waived (as applicable), the period of availability, and the alternative
requirement (if applicable), are found in Section 1, paragraphs 7 through 12 of this notice.
The period of availability for the public housing and HCV waivers is in most cases extended
to December 31, 2021. Other waivers have unique dates, such as when the period of
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Although PHAs are required to notify all affected families and owners as soon as practicable, in the case of PH-10:
Tenant Notifications for Changes to Project Rules and Regulations, PHAs are specifically required to notify affected
families within 30 days of making changes to Public Housing project rules and regulations.
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availability is dependent on a PHA’s fiscal year end date or based on a specific action or
activity. PHAs that adopted waivers/alternative requirements established in Notices PIH
2020-05, PIH 2020-13, PIH 2020-20, PIH 2020-22 and PIH 2020-33 may continue to operate
under those waivers/alternative requirements through the extended availability periods
provided in this notice.
The period of availability for these waivers/alternative requirements, collectively or
individually, may be further 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.
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 the
COVID-19 pandemic. 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 FY 2020 Consolidated Appropriations Act (Public Law 116-
94). Since the initial issuance of this Notice PIH 2020-05, HUD subsequently determined
that the waiver authority under the “Community Development Fund” account in the CARES
Act also authorized HUD to issue waivers and alternative requirements with respect to
ICDBG funding appropriated under the FY 2019 Consolidated Appropriations Act (Public
Law 116-6).
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. A
summary of the waivers and alternative requirements issued under the IHBG and ICDBG
programs is provided in Attachment II to this notice.
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SECTION I: WAIVERS APPLICABLE TO THE PUBLIC HOUSING
AND HCV PROGRAMS
7. WAIVERS APPLICABLE TO BOTH THE 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, 42 U.S.C. §§ 1437 et seq. (hereafter “the
USHA of 1937”)
Regulatory Authority: 24 CFR §§ 903.5(a)(3), 903.5(b)(3), 903.13(c), 903.21, 903.23
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.
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 have submitted 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 (the “Revised Submission Requirement” and “Revised Due Date” reflect the revisions
from PIH 2020-13):
Revised Submission
PHA FYE 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
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Assistance Demonstration (RAD), that would normally trigger significant amendment
requirements of the PHA Plan, may be effectuated without completing the significant
amendment process. PHAs are advised that the accessibility, language access, and other
nondiscrimination requirements related to the significant amendment process are not waived.
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 pandemic
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, and Section 508 of
the Rehabilitation Act.
All materials, notices, and communications must also be provided in a manner that takes
reasonable steps to ensure meaningful access by those with limited English Proficiency.
Period of Availability: The period of availability for the waiver of the significant amendment
process ended on December 31, 2020. The period of availability for the 5-Year/Annual Plan
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 pandemic, 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
Payments (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 reexaminations due in CY 2021 must be completed by
December 31, 2021. All annual reexaminations that were due in Calendar Year 2020 (CY20)
must have been completed by December 31, 2020.
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PH and HCV-3: Family Income and Composition: Annual Examination; Income
Verification Requirements
Regulatory Authority: 24 CFR § 5.233(a)(2) – HCV and Public Housing
Regulatory Authority: 24 CFR § 960.259(c) – Public Housing
Regulatory Authority: 24 CFR § 982.516(a) - HCV
Sub-regulatory Guidance: Notice PIH 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 §960.259(c) and 24 CFR
§982.516(a) require PHAs to obtain and document third-party verification, or document in
the tenant file because third-party verification was not available, during mandatory
reexaminations or recertifications of family composition and income. Further, 24 CFR
§5.233(a)(2) requires PHAs to use EIV, in its entirety, 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. Notice PIH 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 pandemic and remains aware that 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 Notice PIH 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).
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.
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 for a person with a disability. In such
cases, PHAs may look to applicable public health guidelines and any state or local ordinance
on how to maintain appropriate health precautions (e.g., social distancing).
PHAs that conduct annual examinations under this waiver/alternative requirement will be
responsible for addressing any material discrepancies (i.e., unreported income or a substantial
difference in reported income) 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
11
employment continued, the PHA must take enforcement action in accordance with their
policies and procedures.2
Period of Availability: The period of availability ends on December 31, 2021.
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(a), (b), and (d); 960.959(c) - Public Housing
Sub-regulatory Guidance: Notice PIH 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 §960.259(c) and 24 CFR §982.516(a) require PHAs to obtain and document third-party
verification, or document in the tenant file because third-party verification was not available,
during mandatory reexaminations or recertifications of family composition and income. 24
CFR § 5.233(a)(2) requires PHAs to use EIV, in its entirety, 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. Notice PIH 2018-18 further describes the required
verification hierarchy process PHAs must follow.
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 pandemic,
HUD is waiving the requirements to use the income verification hierarchy as described by
Notice PIH 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
2
Consistent with Section 15 of Notice PIH 2018-18, if the EIV Income or IVT Report reveal an income source that
was not reported by the tenant or a substantial difference in the reported income information, the PHA is required to
take specific actions which may include determining any retroactive rent due. PHAs may consider adding such a
reminder to families in any self-certification forms.
12
(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. In such
cases, PHAs may look to applicable public health guidelines and any state or local ordinance
on how to maintain appropriate health precautions (e.g., social distancing).
PHAs that conduct interim reexaminations under this waiver/alternative requirement will be
responsible for addressing any material discrepancies (i.e., unreported income or a substantial
difference in reported income) 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.3
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 December 31, 2021.
PH and HCV-5: Enterprise Income Verification (EIV) Monitoring
Regulatory Authority: 24 CFR § 5.233 – Public Housing and HCV
Sub-regulatory Guidance: Notice PIH 2018-18
Description: Notice PIH 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. PHAs are reminded that EIV data is overwritten monthly or
quarterly. Reports must be downloaded to preserve the data for a particular month or quarter.
Period of Availability: The period of availability ends on December 31, 2021.
3
Consistent with Section 15 of Notice PIH 2018-18, if the EIV Income or IVT Report reveal an income source that
was not reported by the tenant or a substantial difference in the reported income information, the PHA is required to
take specific actions which may include determining any retroactive rent due. PHAs may consider adding such a
reminder to families in any self-certification forms.
13
PH and HCV-6: Family Self-Sufficiency (FSS) Contract of Participation: Contract
Extension
Statutory Authority: Section 23(c)3 of the USHA of 1937
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, 2021.
PH and HCV-7: Waiting List: Opening and Closing; Public Notice
Regulatory Authority: 24 CFR § 982.206(a)(2)
Sub-regulatory Guidance: Notice PIH 2012-34
Description: The HCV program regulations require 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; these same practices are strongly
encouraged in the Public Housing program. Recognizing the foreseeable difficulties in
complying with this requirement in light of the COVID-19 pandemic, 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. PHAs must ensure that their
website is in compliance with Section 508 of the Rehabilitation Act. 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 December 31, 2021.
14
PH and HCV-8: Eligibility Determination: Income Verification
Regulatory Authority: 24 CFR § 960.259(c) – Public Housing
Regulatory Authority: 24 CFR § 982.201(e) – HCV
Sub-regulatory Guidance: Notice PIH 2018-18
Description: PHAs must determine whether an applicant family’s income exceeds the
applicable income limit as established by HUD in the jurisdiction where the family wishes to
lease a unit. While the verification hierarchy described in Notice PIH 2018-18 applies to
income determinations for applicants, EIV generally is not available for verifying income of
applicants.
For the public housing program, 24 CFR § 960.259(c) requires PHAs to obtain and document
third-party verification, or document in the family’s file why third-party verification was not
available, for the family’s reported income, assets, expenses related to annual income
deductions and other factors which would affect determination of adjusted income or
income-based rent.
For the HCV program, 24 CFR § 982.201(e) requires that the PHA must receive information
verifying that an applicant is eligible within the 60-day period before the PHA issues a
voucher to the applicant. For verification purposes for both programs, Notice PIH 2018-18
states that third-party generated documents be dated within 60 days of the PHA’s request.
As a result of the COVID-19 pandemic, HUD understands that documentation may be
difficult to obtain and remains aware that PHAs are also facing challenges accessing and
verifying some information necessary for eligibility determinations. Accepting self-
certifications and delaying the receipt of documentation and/or third-party verification may
allow PHAs to serve families more quickly, including individuals experiencing
homelessness.
HUD is waiving the third-party income verification requirements for applicants and,
alternatively, will allow PHAs to consider self-certification as the highest form of income
verification at admission. Applicants must submit an affidavit attesting to reported income,
assets, expenses and other factors which would affect an income eligibility determination.
Additionally, applicants may provide third-party documentation which represents the
applicant’s income within the 60-day period prior to admission or voucher issuance but is not
dated within 60 days of the PHA’s request. For example, an SSI benefit letter that was
issued in November 2020 to represent the applicant’s benefit amount for 2021 and provided
to the PHA in March 2021 would be an acceptable form of income verification. As a
reminder, the PHA may also use the SSI benefit letter as proof of disability.
For each new admission (form HUD-50058 action type 1) under this waiver, the PHA must:
review the EIV Income Report and the IVT Reports to confirm/validate family-reported
income within 90 days of the Inventory Management System Public and Indian Housing
Information Center (IMS/PIC) submission date; print and maintain copies of the EIV Income
and IVT Reports in the tenant file; and resolve any income discrepancy with the family
within 60 days of the EIV Income or IVT Report dates.
15
Prior to admission, PHAs must continue to use HUD’s EIV system to search for all
household members using the Existing Tenant and Former Tenant Reports. The PHA must
also use the EIV’s Debts Owed to PHAs and Terminations database to search for household
members who may have left one of PIH’s rental housing programs owing a debt or under
adverse terms. The PHA may be required to deny assistance to household members already
receiving assistance from another program or who owe an outstanding debt to another PHA.
PHAs are encouraged to incorporate additional procedures to remind families of the
obligation to provide true and complete information. PHAs that conduct eligibility
determinations under this waiver/alternative requirement will be responsible for addressing
any material discrepancies (i.e., unreported income or a substantial difference in reported
income) that may arise later and must take necessary enforcement actions accordingly. The
adoption of this waiver does not authorize any ineligible family to receive assistance under
these programs. If a PHA later determines that an ineligible family received assistance, the
PHA must take steps to terminate that family from the program.
Period of Availability: The period of availability ends on December 31, 2021.
PH and HCV-9: Eligibility Determination: Social Security Number and Citizenship
Verification
Statutory Authority: 42 USC 1436a(d)(2) – HCV and Public Housing
Regulatory Authority: 24 CFR §§ 5.216(b)(2), (g), (h), 5.218, 5.508(b)(2)(ii), (b)(3)(ii), (g) –
HCV and Public Housing
Sub-regulatory Guidance: Notice PIH 2012-10
Description: Applicants must disclose and document and PHAs must verify the social
security numbers (SSN) of each applicant. Applicant documentation may include a valid
SSN card issued by the Social Security Administration; an original document issued by a
federal or state government agency which contains the individual’s name, SSN and other
identifying information; or other evidence of the SSN as prescribed by HUD. Generally, a
PHA may not admit an applicant until the required documentation is provided to verify
the SSN of each household member.
PHAs also must verify evidence of U.S. citizenship or eligible immigration status for
noncitizens claiming eligibility for assistance. Each eligible household member must sign a
declaration of their status and eligible noncitizens must also provide supporting
documentation, which must be submitted by the time of the eligibility determination.
Documentation verifying U.S. citizenship may also be requested. Since eligibility for
assistance is limited to U.S. citizens and noncitizens who have eligible immigration status,
families in which not all members are U.S. citizens or have eligible immigration status are
only eligible to receive pro-rated housing assistance based on the percentage of family
members who qualify for assistance.
Additionally, PHAs must verify each family member’s date of birth to verify identity and
determine age and disability status per 24 CFR § 5.403, if claimed. While these family
characteristics impact the income and rent calculation for all applicants, in some cases they
16
are required for eligibility for certain types of programs, including Mainstream and Non-
Elderly Disabled (NED) vouchers.
As a result of the COVID-19 pandemic, HUD understands that documentation may be
difficult to obtain, particularly for individuals and families experiencing homelessness, and
remains aware that PHAs are also facing challenges accessing and verifying some
information necessary for eligibility determinations. Accepting self-certifications and
delaying the receipt of documentation and/or third-party verification may allow PHAs to
serve families more quickly, including individuals experiencing homelessness.
To address these challenges, HUD is waiving the requirement to obtain and verify SSN
documentation and documentation evidencing eligible noncitizen status before admitting
applicants to the HCV and Public Housing programs. PHAs may adopt policies to admit
applicants who are unable to provide the required SSN or citizenship documentation during
the initial eligibility determination. As an alternative requirement, such individuals must
provide the required documentation within 90 days of admission to be eligible for continued
assistance, pending verification. If a family member appeals secondary verification of
immigration documents, PHAs are reminded that assistance may not be delayed, denied,
reduced or terminated on the basis of immigration status pending the completion of
the appeal as described in 24 CFR § 5.514(e).
Additionally, PHAs may accept self-certification of date of birth and disability status if a
higher level of verification is not immediately available. If self-certification is used, the PHA
must obtain a higher level of verification within 90 days of admission or verify the
information in EIV.
PHAs are encouraged to incorporate additional procedures to remind families of the
obligation to provide true and complete information. PHAs that conduct eligibility
determinations under this waiver/alternative requirement will be responsible for addressing
any material discrepancies (i.e., erroneous SSNs) that may arise later and must take necessary
enforcement actions accordingly. The adoption of this waiver does not authorize any
ineligible family to receive assistance under these programs. If a PHA determines that an
ineligible family received assistance, the PHA must take steps to terminate that family from
the program.
Period of Availability: The period of availability ends on December 31, 2021.
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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 the COVID-19
pandemic 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.
A 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. The PHA must grant the reasonable
accommodation requests of tenants with disabilities related to HQS inspections. For
example, a tenant with a respiratory disability may ask that an HQS inspection be delayed in
light of COVID-19 or that the inspectors wear masks and gloves and maintain a six-foot
distance when entering their unit. 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, for alleged failure to enforce the HQS (see § 982.407) or for
injunctive or other relief.
18
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)
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 June 30, 2022.
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 a PHA to accept an owner’s self-
certification for an initial inspection ends on December 31, 2021. For any unit for which a
PHA accepted an owner’s self-certification, the PHA must conduct an HQS inspection as
soon as reasonably possible but no later than June 30, 2022.
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 §§ 983.103(b), 983.156(a)(1)
Description: The statute and regulations at § 983.103(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-
19
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
required to conduct an HQS inspection on the unit as soon as reasonably possible but no later
than June 30, 2022.
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 an owner’s self-
certification for the pre-HAP inspection/completion of work requirement ends on
December 31, 2021. For any unit for which a PHA accepted an owner’s self-certification,
the PHA must conduct an HQS inspection as soon as reasonably possible but no later than
June 30, 2022.
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
(published January 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 December 31, 2021. The extension to make the NLT repairs
may extend beyond December 31, 2021, depending on the date the PHA approved the
extension. For example, if the PHA approved the extension on December 15, 2021, the
maximum extension provided to the owner would be January 14, 2022.
20
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 of 2016:
Implementation of Various Section 8 Voucher Provisions, 82 Fed. Reg. 5458 (published
January 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 the 1-year anniversary date
of the owner’s certification.
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 December 31, 2021. For any unit for which a
PHA entered into a HAP contract and commenced payment pursuant to this alternative
requirement, the PHA must conduct an HQS inspection as soon as reasonably possible but no
later than the 1-year anniversary of the date of the owner’s certification.
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,
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 February 27,
21
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 providing an alternative
requirement. Under this waiver authority, PHAs may delay biennial inspections for both
tenant-based and PBV units and instead, 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 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.
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 PHA must resume biennial inspections by December 31,
2021. The PHA must conduct all delayed biennial inspections from CY 2020 as soon as
reasonably possible but no later than June 30, 2022 and must conduct all delayed biennial
inspections from CY 2021 as soon as reasonably possible but no later than December 31,
2022.
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.).
22
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 ends on December 31, 2021. After
December 31, 2021, 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 an HQS inspection on the unit as soon as
reasonably possible but no later than June 30, 2022.
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 December 31, 2021. For any unit for which a PHA
accepted an owner’s self-certification, the PHA must conduct an HQS inspection as soon as
reasonably possible but no later than June 30, 2022.
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)
Sub-regulatory Guidance: Housing Opportunity Through Modernization Act of 2016:
Implementation of Various Section 8 Voucher Provisions (82 Federal Register 5458, Jan. 18,
2017)
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
23
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.
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 December 31, 2021. For any unit added to a
PBV HAP contract based upon an owner’s self-certification, the PHA must conduct an HQS
inspection as soon as reasonably possible but no later than June 30, 2022.
HQS-9: HQS Quality Control Inspections
Regulatory Authority: 24 CFR § 982.405(b), 983.103(e)(3)
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 December 31, 2021.
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 pandemic, 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 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
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
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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 December 31, 2021.
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 likely foreseeable difficulties in complying with this requirement in light of
the COVID-19 pandemic, HUD is waiving the requirement to allow the PHA administrative
plan to be revised on a temporary basis without Board approval through September 30, 2021.
Any informally adopted revisions under this waiver authority must be formally adopted no
later than December 31, 2021. If not adopted by December 31, 2021, all unapproved
provisions must be removed immediately from the administrative plan.
Period of Availability: The period of availability to informally adopt changes to the PHA
administrative plan ends on September 30, 2021; the PHA must formally adopt such
revisions no later than December 31, 2021.
HCV-2: Information When Family is Selected: PHA Oral Briefing
Regulatory Authority: 24 CFR § 982.301(a)(1), § 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 December 31, 2021.
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
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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. In the absence of following the existing administrative plan for voucher term
extensions, the PHA should ensure it handles such requests with consistency and in
compliance with the PHA’s adopted interim standard.
Period of Availability: The period of availability ends on December 31, 2021.
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 December 31, 2021.
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). The PHA
must maintain documentation in the tenant file which explains the extenuating circumstances
that caused the extended absence.
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
December 31, 2021. The PHA may not make payments beyond December 31, 2021, and the
HAP contract will terminate on that date if the family is still absent from the unit.
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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 to terminate HAP contracts 180 days
after the last housing assistance payment to the owner. In recognition that the COVID-19
pandemic 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, 2021.
Period of Availability: The period of availability for the extension ends December 31, 2021.
The PHA may not extend the HAP contract beyond December 31, 2021.
HCV-7: Increase in Payment Standard During 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
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, 2021.
27
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, 2021.
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 December 31, 2021.
HCV-10: Family Unification Program: 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
28
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). This waiver may also be applied to the
Foster Youth to Independence (FYI) initiative.
Period of Availability: The period of availability ends on December 31, 2021.
HCV-11: Family Unification Program: Length of Assistance for Youth
Statutory Authority: 42 U.S.C. 1437f(x)(2)
Description: The statute limits the availability of assistance to a period “not to exceed 36
months.” COVID-19 may have resulted in job loss or the inability to identify a unit
affordable to the youth without rental subsidy. As a result, the youth may again be at risk of
homelessness at termination upon having received 36 months of assistance. To prevent such
an outcome, HUD is waiving the statutory limitation and establishing an alternative
requirement. Specifically, for FUP youth who will reach the 36-month limit between April
10, 2020, and June 30, 2021, a PHA may suspend terminations of assistance for a period of
up to six months from the date the youth’s assistance would have been terminated absent this
waiver. Depending on the timing and length of the suspension, impacted youth may have
their assistance extended beyond December 31, 2021. This waiver does not apply to the FYI
initiative as no participant in FYI will have received 36 months of assistance during the
period of availability.
Period of Availability: The period of availability to grant the extension ends on
December 31, 2021.
HCV-12: Family Unification Program: Timeframe for Referral
Statutory Authority: 42 U.S.C. 1437f(x)(2)
Description: The statute provides that assistance may be provided on behalf of “otherwise
eligible youths who have attained at least 18 years of age and not more than 24 years of age
and who have left foster care or will leave foster care within 90 days.” Due to the COVID-
19 pandemic, it may be difficult for youth to find units that are available for lease within the
90-day timeframe, increasing the risk that such youth may experience homelessness. To
prevent such an outcome, HUD is waiving the statutory limitation and establishing an
alternative requirement. Specifically, PHAs may accept referrals from child welfare agencies
for youth who will leave foster care within 120 days. This waiver may also be applied to the
FYI initiative.
Period of Availability: Through December 31, 2021, a PHA may receive referrals of
otherwise eligible youth who will leave foster care within 120 days.
29
HCV-13: Homeownership: Maximum Term of Assistance
Regulatory Authority: 24 CFR §982.634(a)
Description: The regulation establishes a maximum term on homeownership assistance for
non-elderly/non-disabled families of 15 years if the initial mortgage has a term of 20 or more
years, and 10 years in all other cases. HUD is waiving this term. Specifically, for any family
that is in the last year of this term (i.e., the 15th year or the 10th year, as applicable) and that
is experiencing financial hardship as a result of the COVID-19 pandemic, a PHA may
provide homeownership assistance for up to 1 additional year.
Period of Availability: Through December 31, 2021, a PHA may extend homeownership
assistance for up to 1 additional year.
HCV-14: Mandatory Removal of Unit from PBV HAP Contract
Regulatory Authority: 24 CFR §983.211(a); §983.258
Description: Under the PBV program, a PHA is required to remove a unit from a PBV HAP
contract after 180 days of zero housing assistance payments to the unit owner on behalf of
the family residing in the unit. This situation arises when the family increases its income to
such an extent that it no longer requires housing assistance. In recognition that the COVID-
19 pandemic is creating uncertainty for owners and families, HUD is waiving this
requirement. As an alternative requirement, HUD is authorizing a PHA at its discretion to
keep such units under contract for a period of time that exceeds 180 days but does not extend
beyond December 31, 2021. Similarly, with respect to 24 CFR §983.258, HUD is providing
that a PHA that adopts the alternative requirement may resume housing assistance payments
on behalf of a family residing in such a unit should the family’s income change at any point
during the period of time covered by the extension.
Period of Availability: The period of availability for the extension ends on December 31,
2021.
HCV-15: Project-Based Voucher (PBV) and Enhanced Voucher (EV) Provisions on
Under-Occupied Units
Statutory Authority: 42 U.S.C. § 1437a(b)(3)(A)
Regulatory Authority: 24 CFR §§ 983.253(b), 983.260
Sub-regulatory Guidance: Notice H 2019-9/PIH 2019-23, Notice PIH 2016-02
Description: The regulation at 24 CFR § 983.253(b) provides that the PBV contract unit
leased to each family must be appropriate for the size of the family under the PHA’s subsidy
standards. PHA subsidy standards are governed by § 982.402, as partially applied to PBVs
per § 983.2(c)(4). In determining family unit size for a particular family, the PHA may grant
an exception to its established subsidy standards, in accordance with § 982.402(b)(8), if
justified by certain criteria, such as the health of family members. However, the statute
provides that a single person must not be provided a PBV-assisted unit of 2 or more
bedrooms, unless that person qualifies under specific exceptions provided by the statute
30
(such as an elderly or disabled person). Therefore, such exceptions to a PHA’s subsidy
standards cannot be granted for single persons, other than those categories specifically
excepted by the statute.
Additionally, the regulation at § 983.260 provides that if a PHA determines a family is
occupying a wrong-size unit, the PHA must offer the family the opportunity to receive
continued housing assistance in another unit and must terminate assistance if the family does
not accept the offer or move in a reasonable time (or before the expiration of the family’s
tenant-based voucher, as applicable). HUD has established alternative requirements to this
PBV requirement in Notice H 2019-9/PIH 2019-23 for Rental Assistance Demonstration
(RAD) PBV units. Specifically, under RAD, a family residing in an under-occupied unit at
the time of conversion may remain in the unit until an appropriately sized unit becomes
available in the Covered Project.4 New admissions to RAD PBV units are subject to §§
983.253(b), 983.260. For EVs, Notice PIH 2016-02 provides that an over-housed family that
remains in a unit affected by a Housing Conversion Action may remain in the unit until an
appropriate size unit becomes available in the project.
HUD is waiving the requirements described above so that the PHA may allow a family to
initially lease an under-occupied PBV or RAD PBV unit (a unit that has more bedrooms than
what the family qualifies for under PHA subsidy standards) under certain circumstances as
further described below, and to allow for the continued occupancy of PBV and EV families
already under a lease for an under-occupied PBV, RAD PBV, or EV unit. This includes
waiver of the statutory provisions concerning single person families, so that the PHA may
allow a single person to lease a unit with more than 2 bedrooms under the conditions set forth
below. This waiver does not affect other requirements for family eligibility or the PBV
program. The specific waivers and alternative requirements are as follows:
PHAs may approve a homeless family on the waiting list (or a homeless family referred
as part of the HUD-VASH program, if applicable)5 to initially lease an under-occupied
PBV or RAD PBV unit, provided the PHA has no families on the waiting list, after
outreach and marketing, that qualify for the PBV or RAD PBV unit. The family will
become subject to § 983.260 no later than the end of the lease term following the
expiration of this waiver.
PHAs may allow a family currently occupying an under-occupied PBV unit (or a RAD
PBV unit that the family leased after conversion) to remain in the unit until the end of the
lease term following the expiration of this waiver, at which time the family will become
subject to § 983.260. This also applies to an eligible family whose current under-
4
These RAD alternative requirements, and the waiver provided in this notice, apply to both RAD Component 1 and
RAD Component 2.
5
The intent of this waiver is to place any homeless family in stable housing and avoid further spread of COVID-19.
31
occupied unit has been subject to a conversion action6 and placed under a PBV HAP
contract, so that the family may continue to lease the same unit under these conditions.
PHAs may allow a family that is currently occupying an under-occupied RAD PBV unit
or EV unit, and that was occupying the unit at conversion, to remain in the unit until the
end of the lease term following the expiration of this waiver, at which time the family
will become subject to the relevant requirement (as described in H 2019-09/PIH 2019-23
and PIH 2016-02, as applicable) to move to an appropriately-sized unit in the project
when one becomes available.
Period of Availability: The period of availability ends on December 31, 2021. Any PBV,
RAD PBV, or EV family residing in an under-occupied unit on this date in accordance with
this waiver may remain in the unit until the end of the family’s lease term following this date,
at which time the family will be subject to the relevant requirement for under-occupied units.
6
The term “conversion action” refers to the following list of actions; however, this waiver applies only where the
project will be converted to PBV assistance, in accordance with program requirements, with no intervening
demolition or resident relocation, and the current residents will be admitted to the PBV program in their current
units upon, or shortly after, conversion:
i. Housing conversion actions that occur in the Multifamily Housing Portfolios and include an owner
decision to opt-out of or not renew a Section 8 project-based contract (opt-out); a prepayment of the
mortgage or voluntary termination of the mortgage insurance of a preservation eligible property
(preservation prepayments); a HUD enforcement action against an owner that involves termination or
nonrenewal of a Section 8 project-based housing assistance payments; or a HUD property disposition
activity;
ii. Any of the conversion actions covered by Notice PIH 2019-01/H 2019-02, or successor notices, for
which the property has received an award of set-aside TPVs;
iii. Expiration or termination of a Moderate Rehabilitation (Mod Rehab) contract, including a Mod Rehab
Single Room Occupancy contract;
iv. Section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law
106–569, as amended; and
v. A public housing conversion action including demolitions and/or dispositions approved under Section
18 of the 1937 Act (including demolitions authorized under de minimis authority of such Act);
required conversions approved under Section 33 of the 1937 Act; voluntary conversions approved
under Section 22 of the 1937 Act; and removals initiated under an awarded Choice Neighborhood
Initiative and/or HOPE VI grant.
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10. PUBLIC HOUSING PROGRAM WAIVERS
PH-1: Fiscal Closeout of Capital Grant Funds
Regulatory Authority: 24 CFR § 905.322(b), 2 CFR § 200.344(a)
Description: Section 905.322(b) established deadlines for the submission of grant closeout
documents (i.e., 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. 24
CFR § 905.322(b) was overridden when OMB published 2 CFR Part 200
because § 200.344(a) imposed a new deadline of 120 days for submission of grant closeout
documents for recipients of Federal grants. Pursuant to OMB Memorandum M-20-17 (dated
March 19, 2020), OMB authorized HUD to waive this requirement to extend the deadlines
for up to a year for submission of grant close out documents (in the case of Capital Fund
grants an ADCC or AMCC) to grants that were open on March 19, 2020. HUD is therefore
extending the deadline for submission of ADCC and AMCC documents from 120 days to
one year for all grants that were open as of March 19, 2020.
Period of Availability: 2 CFR § 200.344(a) gives PHAs 120 days to close out grants from
the end of the period of performance. For grants that were open on March 19, 2020, HUD is
extending the deadline for submission of grant close out documents (i.e., ADCCs and
AMCCs) from 120 days to one year.
PH-2: Total Development Costs
Regulatory Authority: 24 CFR § 905.314(c) - (d)
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
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
percent without a waiver from HUD. Amounts in excess of 25 percent up to 50 percent 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
33
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, 2021.
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,
through September 30, 2021. Any informally adopted revisions under this waiver authority
must be formally adopted no later than December 31, 2021.
Period of Availability: The period of availability to informally adopt changes to the PHA
ACOP ends on September 30, 2021; the PHA must formally adopt such revisions no later
than December 31, 2021.
PH-5: Community Service and Self-Sufficiency Requirement (CSSR), superseded by
item 12.e.: Community Service and Self-Sufficiency Requirement (CSSR) Suspension
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 at 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
34
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: This waiver is no longer applicable and is superseded by item 12.e.:
Community Service and Self-Sufficiency Requirement (CSSR) Suspension. Please refer to
item 12.e. of this notice for a description of HUD’s non-discretionary immediate suspension
of the CSSR applicable to all PHAs operating a public housing program.
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 program is affected because of the COVID-19
pandemic. Therefore, HUD is waiving this requirement and is alternatively providing
flexibility for PHAs to complete required energy audits. Specifically, any audit due on or
after the date of the publication of this notice until December 31, 2021, as well as any audit
for which a PHA exercised its discretion to delay the audit for one year under the Notice
2020-13, will be due no later than December 31, 2021. For example, a PHA that chose to
adopt the waiver to delay completion of an audit due on November 30, 2020 for one year
would now be required to complete that audit by December 31, 2021. Further, any audit due
during Calendar Year 2021 must be completed no later than December 31, 2021.
Period of Availability: The period of availability ends on December 31, 2021.
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, 2021.
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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 December 31, 2021.
Period of Availability: The period of availability of this waiver ends on December 31, 2021.
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.
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 December 31, 2021.
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. HUD encourages PHAs to give advance notice to the extent feasible.
Period of Availability: The period of availability ends on December 31, 2021.
PH-11: Designated Housing Plan Renewals
Statutory Authority: Section 7(f) of the USHA of 1937
Description: The statute requires that PHAs submit a request to HUD to extend the effective
period for Designated Housing Plans upon expiration of the Plan’s current effective period.
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All original designations remain in effect for 5 years from the date HUD approves the Plan;
renewals beyond the initial 5 years are granted for 2-year periods. HUD is waiving the
statute to extend the effective period through June 30, 2021, for plans due to expire between
July 2, 2020 and June 30, 2021. If the request for renewal is not approved upon the
expiration of the extended effective period, the Plan will have expired and the designated
project or portion of a project will convert to its original status. Therefore, the PHA will
need to submit a renewal request at least 60 days prior to the extended expiration date of June
30, 2021.
Period of Availability: The period of availability ends on June 30, 2021.
PH-12: Public Housing Agency Annual Self-Inspections
Statutory Authority: Section 6(f)(3) of the USHA of 1937
Regulatory Authority: 24 CFR § 902.20(d)
Description: The statute requires PHAs which own or operate public housing to make an
annual inspection of each public housing project to determine whether units in the project are
maintained to applicable standards and remain safe for residents. HUD is waiving the
requirement that the PHA must inspect each project during CY 2020.
This waiver does not alleviate the PHA of its responsibility to provide safe housing. PHAs
are reminded to expeditiously identify, respond to, and address serious conditions that could
jeopardize life or property.
HUD encourages PHAs that choose not to utilize this waiver, or that wish to conduct
inspections on a more limited basis to consider establishing and maintaining methods of
performing remote, video-assisted or “virtual” inspections of dwelling units to identify
maintenance needs while complying with CDC and local guidelines, especially for those
units that may not be inspected this year. PHAs should also consider utilizing electronic
means (such as videoconferencing, text messaging and email) of receiving maintenance
requests and reports of life-threating safety concerns directly from residents while
minimizing in-person interactions. Additionally, it is recommended that PHAs continue to
conduct exterior/site inspections or maintenance evaluations in compliance with social
distancing requirements outlined by the CDC. As outlined in Maintenance Guidebook II,
Chapter 2, Sections A and B, PHAs are required to establish both a regular and emergency
maintenance plan. In separate and forthcoming guidance, HUD will describe an approach for
the recommencement of Real Estate Assessment Center (REAC) inspections. This guidance
may be helpful to PHAs in determining when to resume self-inspections, however, PHAs
will be required to complete an inspection of every public housing property during CY 2021.
Period of Availability: The period of availability ended on December 31, 2020.
PH-13: Over-Income Limit: Termination Requirement
Statutory Authority: Section 16(a) of the United States Housing Act of 1937 as amended by
section 103 of the Housing Opportunity Through Modernization Act Implementation Notice:
Housing Opportunity Through Modernization Act of 2016: Final Implementation of Public
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Housing Income Limit, 83 Fed. Reg. 35,490 (July 26, 2018)
Description: For public housing families whose income has exceeded the over-income limit
for the locality (120 percent of the area median income (AMI) or as established by HUD in
the Implementation Notice at 83 FR 35490) for two consecutive years, a PHA must terminate
the family’s tenancy within 6 months of the third income determination or charge the family
a monthly rent equal to the greater of: (1) the applicable Fair Market Rent (FMR); or (2) the
amount of monthly subsidy for the unit, including amounts from the operating and capital
fund (alternative rent). HOTMA requires HUD to determine the alternative rent options for
families that remain in public housing through formal rulemaking. However, HUD has not
published a final rule that implements this requirement, and PHAs are therefore not yet able
to calculate alternative rents.
Due to the ongoing COVID-19 pandemic and the culminating efforts on the federal and local
levels to prevent evictions and limit the spread of COVID-19, HUD is waiving the
requirement that a family whose income has exceeded the over-income limit for the locality
for two consecutive years be terminated within 6 months of the third income determination.
As an alternative requirement, a family whose income has exceeded the over-income limit
for the locality for two consecutive years will remain public housing households instead of
being terminated and will be charged the applicable FMR as the family’s monthly rental
amount. This waiver will enable PHAs to continue to expend CARES Act supplemental
Operating Funds and other funds to maintain and improve the buildings and units in which
these households reside including activities to prevent, prepare for and respond to the
COVID-19 pandemic.
In an effort to prevent evictions during COVID-19, HUD encourages PHAs to adopt this
waiver. PHAs are reminded that if they do not adopt this waiver, they will be required to
terminate over-income families within 6 months of their third income determinations because
the HOTMA alternative rent structure for such families has not been implemented through
final rulemaking. However, PHAs must still comply with any federal, state and local
eviction moratorium that is in place.
PHAs must update the ACOP to reflect changes to their over-income policy in accordance
with this waiver.
Period of Availability: The period of availability ends on December 31, 2021.
PH-14: Annual Choice of Rent
Statutory Authority: Section 3(a)(2)(A) of the USHA of 1937
Regulatory Authority: 24 CFR § 960.253
Description: Once a year, PHAs must give families the option of choosing between a flat
rent and an income-based rent. A family may not be offered this choice more than once per
year with the exception that a family may switch from a flat rent to an income-based rent
because of financial hardship. Thus, under current rules families who switch from a flat rent
to an income-based rent because of financial hardship may not switch back to a flat rent prior
to their next annual recertification. Families experiencing a financial hardship due to the
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COVID-19 pandemic because of a change in circumstances, for example a loss of
employment, may no longer be experiencing such hardship and want to continue paying a
flat rent. HUD is waiving the requirement that a family may not be offered a choice of rent
more than once a year. Alternatively, a PHA may give families no more than two
opportunities to choose between a flat rent and an income-based rent within the same one-
year period.
Period of Availability: The period of availability ends on December 31, 2021.
11. PHAS, SEMAP, AND UNIFORM FINANCIAL REPORTING STANDARDS
a. PHAS – Public Housing Assessment System
Regulatory Authority: 24 CFR Part 902
Description: Part 902 sets out the indicators by which HUD assesses the performance of
a PHA. The indicators measure a PHA’s physical condition, financial condition,
management operations, and Capital Fund obligation and occupancy. HUD inspections
resumed on October 5, 2020; however inspections remain limited based on local risk
factors and continued concern for the health and safety of residents, PHA staff and
property owners, inspectors, and HUD employees. For any PHAs with a fiscal year end
on or before December 31, 2021, 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.
Notwithstanding the utilization of the most recent PHAS score of record, HUD will
continue using all information available to it to identify and address critical deficiencies
reflected in a PHA’s program(s) that may have a negative impact on resident health and
safety and other programmatic deficiencies not reflected in the most recent PHAS score
carried forward.
Period of Availability: HUD will carry forward the most recent PHAS score on record
for any PHAs with a fiscal year end on or before December 31, 2021.
b. SEMAP – Section Eight Management Assessment Program
Regulatory Authority: 24 CFR § 985.105
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,
2021, 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.
Notwithstanding the utilization of the most recent SEMAP score of record, HUD will
continue using all information available to it to identify and address critical deficiencies
in a PHA’s program(s) that may have a negative impact on resident health and safety and
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other programmatic deficiencies not reflected in the most recent SEMAP score carried
over.
Period of Availability: HUD will carry forward the most recent SEMAP score on record
for any PHAs with a fiscal year on or before December 31, 2021.
b-1: SEMAP Field Office Confirmatory Review
Regulatory Authority: 24 CFR § 985.105(d)
Description: Allows field offices to perform remote SEMAP confirmatory review instead
of an on-site confirmatory review before changing any rating from troubled to standard or
high performer.
Period of Availability: The period of availability ends on December 31, 2021.
b-2: SEMAP Certification Timing
Regulatory Authority: 24 CFR § 985.101(a)
Description: Waives the requirement for PHAs to submit an annual SEMAP certification
in IMS-PIC within 60 days of FYE during the timeframe HUD is rolling over prior year
scores.
Period of Availability: The period of availability ends on January 1, 2022.
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, in accordance with the Single Audit Act and 2
CFR part 200, subpart F.
HUD is waiving these requirements and is providing the alternative requirements for the
following PHAs:
(1) OMB guidance issued in M-20-17 and Notices PIH 2020-13 and 2020-33 provided an
extension of the audited submission deadlines for PHAs with a FYE of June 30, 2019;
September 30, 2019; December 31, 2019; and March 31, 2020.
HUD sent a letter via email on March 10, 2021 notifying all PHAs that OMB further
extended the single audit filing deadline. Specifically, in the 2020 Compliance
Supplement Addendum (issued December 2020), OMB provided a three-month
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extension of the single audit filing to the Federal Audit Clearinghouse for PHAs with
a FYE of March 31, 2020; June 30, 2020; and September 30, 2020. The letter also
stated that HUD was exercising its authority to also provide a similar three-month
extension for PHA audited filings as required under UFRS for both single audit and
non-single audit PHAs.
The HUD letter sent to PHAs on March 10, 2021 has been superseded by new
guidance issued in OMB M-21-20 on March 19, 2021. The new OMB guidance now
provides a six-month extension of the single audit filing to the Federal Audit
Clearinghouse for PHAs that have a fiscal year end through June 30, 2021. HUD has
exercised its authority to also provide a similar six-month extension for PHA audited
filings as required under UFRS for both single audit and non-single audit PHAs. That
is, the audited submission deadline for all PHAs with FYEs of March 31, 2020 to
June 30, 2021 is extended by six months.
As described in Notices PIH 2020-13 and 2020-33, HUD previously extended the
audited submission deadline for PHAs with a March 31, 2020 FYE to June 30, 2021
(six-month extension).
The table below shows the new deadline to submit audited financial information
based on a PHA’s FYE in accordance with 24 CFR § 5.801(b) and (d) and the
specific OMB and HUD guidance cited in the table.
Normal Due Date Extended Due
PHA FYE to HUD Date to HUD Guidance
6/30/2019 3/31/2020 9/30/2020 OMB-M-20-17/Notices PIH 2020-13
& 33
9/30/2019 6/30/2020 12/31/2020
12/31/2019 9/30/2020 3/31/2021 Notices PIH 2020-13 & 33 1
Notices PIH 2020-13 & 33/ OMB M-
3/31/2020 12/31/2020 6/30/2021 21-20 2
6/30/2020 3/31/2021 9/30/2021 OMB M-21-2020 (IX. Extension of
Single Audit submission, issued
9/30/2020 6/30/2021 12/31/2021 March 19, 2021)
12/31/2020 9/30/2021 3/31/22
3/31/2021 12/31/2021 6/30/2022
6/30/2021 3/31/2022 9/30/2022
Note 1: PHAs with 12/31/2019 FYE. OMB guidance issued in M-20-17 provided
PHAs with a 12/31/2019 FYE a six-month extension, the same as HUD guidance.
However, later OMB guidance (M-20-27) shortened the extension period by three
months. To be in compliance with OMB requirements, 12/31/2019 FYE PHAs
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should have filed their single audit with the Federal Audit Clearinghouse by
December 31, 2020. HUD has left the audited submission deadline for these PHAs
unchanged, with a due date of March 31, 2021.
Note 2: PHAs with a 3/31/2020 FYE. OMB guidance issued in M-20-17 provided
PHAs with a 3/31/2020 FYE a six-month extension, the same as original HUD
guidance. OMB guidance in the 2020 Compliance Supplement Addendum (issued
December 2020) shortened the extension period by three months. However, OMB
Memo M-21-20 now provides for a six-month extension. PHAs with a 3/31/2020
FYE are required to file their single audit with the Federal Audit Clearinghouse and
their audited submission deadline is due to HUD by June 30, 2021.
(2) PHAs with a FYE of December 31, 2019, March 31, 2020, and June 30, 2020
have a deadline to submit unaudited financial information in accordance with
24 CFR § 5.801(b) and (d).
Normal Due Date
Extended Due
PHA FYE to HUD Date to HUD Guidance
12/31/2019 2/29/2020 8/31/2020 Notices PIH 2020-13 & 33
3/31/2020 5/31/2020 11/30/2020 Notices PIH 2020-13 & 33
6/30/2020 8/31/2020 10/30/2020 PIH Notice 2020-24
Period of Availability: Varies by PHA by FYE, see description for details. All extended
due dates for unaudited submissions have passed. HUD does not anticipate using its
waiver authority further to provide a portfolio-wide extension to unaudited submission
due dates.
For audited submission, it is HUD’s intent to follow OMB guidance for any additional
extensions of time as HUD’s UFRS rule links the audited reporting filing schedule to the
Single Audit Act and 2 CFR part 200, subpart F.
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: Notice PIH 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 (Moving-To-Work). 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
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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 (Inventory Management System–PIH Information Center), HUD encourages
those PHAS that 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
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 ended 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 programmatic and fair housing concerns while
its operations are impacted by the COVID-19 pandemic 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 period of availability ended on July 31, 2020.
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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.
Period of Availability: HUD is extending both the obligation end date and the
expenditure end date for all Capital Fund grants that were open on April 10, 2020, by 24
months from the obligation and expenditure end date in Line of Credit Control System
(LOCCS) that was in effect on April 10, 2020; for new Capital Fund grants opened
between April 11, 2020 and December 31, 2020, HUD is extending both the obligation
end date and expenditure date by 24 months from the obligation and expenditure end
dates in LOCCS as of December 31, 2020. 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.
d. Section 6(j) 1- and 2-Year Substantial Improvement Requirement
Statutory Authority: Section 6(j)(3)(B)(ii)
Regulatory Authority: 24 CFR § 902.75(d)
Description: PHAs that are designated troubled under PHAS are required by statute and
regulation to, within the first full fiscal year after the initial release of the troubled
designation, improve the PHAS score by 50 percent of the difference between the initial
score and the score required to get the PHA out of troubled status; and, within the second
full fiscal year after the initial release of the troubled designation, improve the PHAS
score to at least the score required to get the PHA out of troubled status.
Item 11(a) of Notice PIH 2020-05, restated in Notice PIH 2020-13 and extended in
Notice PIH-2020-33, provided that HUD will not issue a new PHAS score unless the
PHA requests that a new PHAS score be issued for any PHA that had a PHAS score
pending or any PHA with a fiscal year ending on or before March 31, 2021. Item 11(a) of
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this Notice extends the provision to any PHA with a fiscal year ending on or before
December 31, 2021.
Due to HUD carrying forward the most recent PHAS score on record, the 1 and 2-year
statutory and regulatory substantial improvement benchmarks may fall on the same fiscal
year for a troubled PHA. Therefore, for PHAs designated as troubled prior to the date of
this Notice that have not received a PHAS assessment for the first full fiscal year after the
initial notice of the troubled designation, HUD will: (1) evaluate the 1-year substantial
improvement benchmark based on the first released score for fiscal years ending on or
after March 31, 2022; and (2) toll the evaluation of the 2-year recovery benchmark to the
next sequential fiscal year. HUD waives Section 6(j)(3)(B)(ii) and 24 CFR § 902.75(d)
to the extent that these provisions conflict with this alternative requirement.
During this period, HUD will continue using all information available to HUD to identify
and address critical deficiencies that may have a negative impact on resident health and
safety and other programmatic deficiencies. Further, PHAs subject to a Memorandum of
Agreement (MOA) must continue to comply with the terms and conditions of such
MOAs, and may be subject to declarations of substantial default as outlined in HUD
regulations.
Period of Availability: The period of availability for this waiver and alternative
requirement: (1) is effective on the date of this Notice; and (2) will continue through
March 31, 2023, at which time HUD will reevaluate any additional impacts of this waiver
on any PHA in the process of being evaluated.
e. Community Service and Self-Sufficiency Requirement (CSSR) Suspension
Statutory Authority: Section 12(c) of the USHA of 1937
Regulatory Authority: 24 CFR §§ 960.603(a), 960.603(b), 960.605(b)(3), 960.607, and
966.4(l)(2)(iii)(D)
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.
Due to the ongoing impact of the COVID-19 pandemic, shelter in place orders and many
organizations having limited operations or volunteer opportunities, HUD is waiving this
requirement and suspending enforcement of the CSSR in an effort to help prevent further
spread of COVID-19. This suspension is effective for all adult residents of public
housing and is not discretionary for PHAs. HUD initially established a discretionary
waiver of the CSSR in Notice PIH 2020-05 (PH-5: Community Service and Self-
Sufficiency Requirement). This waiver supersedes PH-5 and is applicable regardless of
whether a PHA previously adopted PH-5. For PHAs that previously adopted PH-5, this
waiver does not affect a PHA’s prior implementation of PH-5. This waiver will continue
the suspension for families for whom the CSSR was suspended under PH-5 in addition to
suspending the requirement for all adult residents of public housing.
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Through this waiver, HUD is establishing alternative administration requirements of the
CSSR for each PHA operating a public housing program. During the period that the
CSSR is suspended under this waiver, PHAs must not evaluate an individual’s
compliance with CSSR at their annual reexamination that becomes effective during the
availability period.
At the family’s annual reexamination that becomes effective during the availability
period, PHAs will report on Form HUD-50058 each individual’s CSSR status as pending
for those that are otherwise eligible but for which the suspension prevents a housing
authority from determining compliance (code “3” to include any hours that may have
been owed due to a prior written “work-out” agreement). At the annual reexamination,
the PHA must provide notice to the family that the CSSR will remain suspended through
the family’s lease renewal term. For new admissions during the availability period, PHAs
should use code “3” on the Form HUD-50058 and must notify the family that the CSSR
is suspended for the lease term. PHAs should continue to use code “4” on the Form
HUD-50058 for any individuals who, had the CSSR been in effect, would have been
exempt. Since enforcement of the CSSR is suspended, during the period of availability,
PHAs may not enter into new or enforce prior written “work-out” agreements with
tenants to cure noncompliance and failure to meet the CSSR may not be considered as
grounds for non-renewal of a tenant’s lease; any leases which are pending nonrenewal for
failure to meet the CSSR must be renewed at the tenant’s discretion.
The suspension of and alternative requirements for administering the CSSR described in
this waiver apply to all PHAs operating a public housing program and supersedes PH-5.
Period of Availability: This waiver is effective for all annual reexaminations completed
between the publication date of this notice through April 30, 2022.
f. Mod Rehab Program Waivers Established in Notice PIH 2020-20 and Extended in
this Notice
MR-1: Family Income and Composition: Delayed Annual Examinations
Statutory Authority: Section 3(a)(1) of the USHA of 1937
Regulatory Authority: 24 CFR § 882.515(a)
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 pandemic, HUD is waiving this statutory
and regulatory requirement to permit PHAs to delay annual reexaminations of Mod
Rehab families.
Period of Availability: All annual reexaminations due in Calendar Year (CY) 2020
must be completed by June 30, 2021. Reexams due in CY2021 must be completed
by December 31, 2021.
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MR-0: Family Income and Composition: Annual Examination; Income Verification
Requirements
Regulatory Authority: 24 CFR §5.233(a)(2)
Sub-regulatory Guidance: Notice PIH 2018-18
Description: PHAs are required to use the Enterprise Income Verification (EIV)
System, in its entirety, 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. Notice PIH 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 pandemic.
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 Notice PIH 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 MR-1 above).
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.
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 for a person with a
disability. In such cases, PHAs may look to applicable public health guidelines and
any state or local ordinance on how to maintain appropriate health precautions (e.g.,
social distancing).
PHAs that conduct annual examinations under this waiver/alternative requirement will
be responsible for addressing any material discrepancies (i.e., unreported income or a
substantial difference in reported income) 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.7
7
Consistent with Section 15 of Notice PIH 2018-18, if the EIV Income or IVT Report reveal an income source that
47
Period of Availability: The period of availability to conduct annual reexams using
these modified verification requirements ends on December 31, 2021.
MR-3: 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), 882.515(b)
Sub-regulatory Guidance: Notice PIH 2018-18
Description: 24 CFR § 882.515(b) provides that if the PHA receives information
concerning a change in the family's income or other circumstances between regularly
scheduled reexaminations, the PHA must consult with the family and make any
adjustments determined to be appropriate. Any change in the family's income or other
circumstances that results in an adjustment in the Total Tenant Payment, Tenant Rent,
and Housing Assistance Payment must be verified. 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, in its entirety, 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. Notice PIH 2018-18 further describes the
required verification hierarchy process PHAs must follow.
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
pandemic, HUD is waiving the requirements to use the income verification hierarchy as
described by Notice PIH 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.
In such cases, PHAs may look to applicable public health guidelines and any state or
was not reported by the tenant or a substantial difference in the reported income information, the PHA is required to
take specific actions which may include determining any retroactive rent due. PHAs may consider adding such a
reminder to families in any self-certification forms.
48
local ordinance on how to maintain appropriate health precautions (e.g., social
distancing).
PHAs that conduct interim reexaminations under this waiver/alternative requirement
will be responsible for addressing any material discrepancies (i.e., unreported income or
a substantial difference in reported income) 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.8
Period of Availability: The period of availability ends on December 31, 2021.
MR-4: Enterprise Income Verification Monitoring
Regulatory Authority: 24 CFR § 5.233
Sub-regulatory Guidance: Notice PIH 2018-18
Description: Notice PIH 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. PHAs are reminded that EIV data is
overwritten monthly or quarterly. Reports must be downloaded to preserve the data for a
particular month or quarter.
Period of Availability: The period of availability ends on December 31, 2021.
MR-5: PHA Inspection Requirement: Annual Inspections
Regulatory Authority: 24 CFR § 882.516(b)
Description: The Mod Rehab Program regulations require that the PHA must inspect or
cause to be inspected each dwelling unit under contract at least annually and at such
other times as may be necessary to assure that the owner is meeting the obligations to
maintain the unit in decent, safe and sanitary condition and to provide the agreed upon
utilities and other services. The PHA must take into account complaints and any other
information coming to its attention in scheduling inspections.
HUD recognizes the unprecedented challenge the COVID-19 pandemic poses to
PHAs in carrying out the most essential of Mod Rehab program administrative
8
Consistent with Section 15 of Notice PIH 2018-18, if the EIV Income or IVT Report reveal an income source that
was not reported by the tenant or a substantial difference in the reported income information, the PHA is required to
take specific actions which may include determining any retroactive rent due. PHAs may consider adding such a
reminder to families in any self-certification forms.
49
responsibilities – ensuring that assisted families are living in decent, safe, and sanitary
housing. However, conducting physical inspections of units in many communities
during the COVID-19 pandemic 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 postpone the normally
required inspections, HUD is waiving the annual inspection requirement and is
allowing PHAs to delay annual inspections for Mod Rehab units. All delayed annual
inspections must be completed as soon as reasonably possible but no later than one
year after the date the annual inspection would have been required absent the waiver.
Any PHA that applies this waiver to its Mod Rehab program retains the right to
conduct an inspection on any assisted unit at any time. The PHA must grant the
reasonable accommodation requests of tenants with disabilities related to inspections.
For example, a tenant with a respiratory disability may ask that an inspection be
delayed in light of COVID-19 or that the inspectors wear masks and gloves and
maintain a six-foot distance when entering their unit.
Crucially, use of this waiver 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.
Period of Availability: The PHA must conduct the delayed annual inspection as soon
as reasonably possible but no later than one year after the date the annual inspection
would have been required absent the waiver.
MR-6: Adjustment of Utility Allowance
Regulatory Authority: 24 CFR § 882.510
Description: The regulations require that the PHA must determine, at least annually,
whether an adjustment is required in the Utility Allowance applicable to units assisted
under the Mod Rehab program on grounds of changes in utility rates or other change of
general applicability to all units in the Mod Rehab program.
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,
2021.
PHA Reporting Requirements for Mod Rehab on HUD Form 50058. 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. Notice PIH 2011-65 states HUD
50
will monitor timeliness of reporting and may sanction a PHA for late reporting.
In Notice PIH 2020–05, published on April 10, 2020, HUD exercised its authority
under the CARES Act to establish waivers and administrative flexibilities to provide
relief to PHAs administering the public housing and HCV programs. Through that
notice, HUD waived the 60-day deadline and provided that PHAs must submit form
HUD-50058 for transactions impacted by implemented waivers and alternative
requirements within 90 days of the effective date of action. HUD recognizes that
PHAs that implement Mod Rehab waivers and alternative requirements under this
Notice will also likely submit form HUD-50058 later than 60 calendar days from the
effective date of certain actions, particularly related to reexaminations and inspections.
Consequently, HUD is similarly waiving the 60-day deadline for the Mod Rehab
program and providing that PHAs must submit form HUD-50058 for transactions
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 (Inventory Management System–PIH Information Center), HUD
encourages those PHAs that 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 Mod Rehab 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
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 June 30, 2021.
g. Mainstream Voucher Waivers Established in Notice PIH 2020-22 and Extended in
this Notice
MS-1: Initial Lease Term
Regulatory Authority: 24 CFR 982.309(a)(2)(ii)
Description: Under the HCV program, voucher participants must enter into an initial
lease term with the owner for one year, unless the PHA determines that a shorter term
would improve housing opportunities for the tenant and the shorter term is a prevailing
market practice. To provide a greater range of housing opportunities for Mainstream
51
voucher holders, the PHA may enter initial lease terms of less than one year regardless of
whether the shorter lease term is a prevailing market practice. Therefore, both section
8(o)(7)(A) of the 1937 Act (42 U.S.C. 1437f(o)(7)(A)) and 24 CFR 982.309(a)(2)(ii) are
waived.
Period of Availability: The period of availability ends on December 31, 2021.
MS-2: Criminal Background Screening
Regulatory Authority: 24 § CFR 5.856 §, 982.553(a)
Description: PHAs are required to apply the same criminal background screening
process to all HCV participants. As discussed in section 2 of this notice, HUD
encourages PHAs to use their Mainstream vouchers to prevent, prepare for, and respond
to coronavirus which, for some communities, will mean finding long term housing
solutions for those transitioning out of institutional settings or currently in rapid
rehousing or other emergency temporary housing. To help PHAs assist populations in
need of transitioning into long term housing, PHAs may establish, as an alternative
requirement, screening requirements for applicants for Mainstream vouchers which are
distinct from those in place for its HCV program in general. At a minimum, PHAs must
comply with the statutory (and implementing regulatory) requirements to determine if
applicants are subject to a lifetime sex offender registration requirement (42 U.S.C.
13663(a) and 24 CFR 5.856) and comply with the mandatory screening and denial
requirements outlined in 42 U.S.C. 13661 and 982.553(a).
Period of Availability: The period of availability ends on December 31, 2021.
MS-3: Mainstream Age Eligibility to Enter HAP Contract Statutory Authority
Statutory Authority: 42 U.S.C. 8013(k)(2)
Description: The statute provides that the eligible member of a Mainstream household
must be non-elderly, defined as at least 18 years of age and under 62 years of age (not yet
reached their 62nd birthday) to be eligible to be placed under HAP contract. A
Mainstream-eligible individual issued a voucher at 61 years of age may not be able to
lease the voucher before their 62nd 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. As an alternative
requirement, the PHA may choose to expand the definition of an eligible non-elderly
family member to include those who were issued a voucher prior to turning 62 and were
not yet 63 on the effective date of the HAP Contract.
Period of Availability: The period of availability ends on December 31, 2021.
52
SECTION II: 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 (NAHASDA), AS AMENDED
Introduction: The CARES Act provides HUD with broad authority, in the context of the
COVID-19 pandemic, to waive statutes and regulations (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment) for the IHBG
program. The following waivers and alternative requirements apply only to new IHBG
funding provided under the CARES Act (IHBG-CARES grants), and FY 2020 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. 9
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.,
Indian Housing Plan (IHP) / Annual Performance Report (APR) deadline extensions).
a. Application Process for IHBG-CARES Grants and Indian Housing Plan
Requirements
Statutory Authority: Section 101(b), Section 102, and Section 103 of NAHASDA
9
Many of the waivers and alternative requirements specified in this notice have also been applied to the IHBG-
American Rescue Plan (IHBG-ARP) program. See PIH Notice 2021-11
53
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
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.
54
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.
Accordingly, HUD is waiving the IHP certification requirements in Section 101-103
of NAHASDA and establishing the following 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
55
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 before submitting their APR to reflect these new uses or activities but may
request an extension of time to submit the IHP amendment and subsequent APR if
submission is not feasible and safe for Tribal or TDHE staff at the time they would
otherwise be due.
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.
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. IHBG
recipients that choose to do this must still amend their FY 2020 IHP before
submitting their APR to reflect these new uses or activities but may request an
extension of time to submit the IHP amendment and subsequent APR if submission is
not feasible and safe for Tribal or TDHE staff at the time they would otherwise be
due.
56
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. Additionally, IHBG recipients with program years beginning
October 1, 2020, may submit their IHP for their program year on or before January 17,
2021. 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
10/1/2020 7/18/2020 1/17/2021
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 APR submitted to the Secretary under Section 404 and made available to
the public. 24 CFR § 1000.514 of IHBG Regulations 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
57
their APRs for their program year on September 27, 2020, IHBG recipients with program
years ending March 31, 2020, submit their APR for their program year on December 30,
2020, and IHBG recipients with program years ending June 29, 2020, submit their APR
for their program year on December 30, 2020.
58
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 9/27/2020
3/31/2020 6/29/2020 12/30/2020
6/29/2020 9/30/2020 12/30/2020
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
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
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range of public health activities designed to allow IHBG-eligible residents and staff of
the IHBG recipient to prepare for, prevent, and 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, and 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.
With respect to vaccinations, eligible uses of IHBG funds under this waiver and
alternative requirement include, but are not limited to, the following:
paying the transportation costs to get IHBG-assisted families and staff to and from
a vaccination site;
coordinating with health clinics to provide on-site vaccinations either at a Tribal
or TDHE owned or operated location or at a mutually agreed upon location;
paying the costs of providing public health information to staff and residents so
they can learn about the benefits of getting vaccinated and how to get vaccinated;
and
supporting IHBG-assisted families and staff with online registration for
vaccination appointments and keeping them informed as vaccination efforts
continue.
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
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challenges, and the lack of access to running water and readily available health care
services in many 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 pandemic; 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 and no individual shall be isolated longer than medically necessary.
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.
Assistance provided in accordance with this waiver shall not count towards the maximum
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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 for assistance related to cleanup of COVID-19 contamination or
temporary use of dwellings units used to quarantine families to inhibit the spread of
COVID-19.
This waiver only applies during the period that a unit is being temporarily used to
prevent, prepare for, or respond to COVID-19. Useful life restrictions are required for
other housing activities conducted with IHBG-CARES funding. For example, if a unit is
acquired for the purpose of quarantining families, no useful life restriction will apply to
the unit during this temporary period when the unit is being used for COVID-19-related
purposes. However, after the unit is no longer needed to temporarily quarantine families
and is no longer needed for other COVID-19 purposes, the recipient must either place
useful life restrictions on the property and continue to make it available for NAHASDA-
eligible families for an affordability period set by the recipient consistent with its IHBG
program or dispose of the unit.
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h. Total Development Cost 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
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- and long-term impact on
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
elderly and persons with disabilities, 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 Notice PIH 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
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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
economic needs of citizens in Indian Country, drawing down funds for investment in
securities and long-term interest-bearing accounts is prohibited.
j. IHBG-CARES Funds Not Counted in Undisbursed Funds Factor
Regulatory Authority: 24 CFR § 1000.342
Description: 24 CFR § 1000.342 codifies the UDFF in the IHBG formula. It provides
that if an Indian tribe’s initial IHBG allocation calculation is $5 million or more and the
Indian tribe has undisbursed IHBG funds on October 1 of the fiscal year for which the
allocation is made in an amount that is greater than the sum of the prior 3 years' initial
allocation calculations, its grant allocation will be the greater of the initial allocation
calculation minus the amount of undisbursed IHBG funds that exceed the sum of the
prior 3 years' initial allocation calculations, or its 1996 Minimum.
HUD is waiving 24 CFR § 1000.342 and establishing an alternative requirement to the
extent necessary to exclude IHBG-CARES funds from counting towards an Indian tribe’s
undisbursed IHBG funds from prior years under the UDFF. IHBG-CARES funds are
available for a specific purpose under the CARES Act and were allocated by HUD to
allow Indian tribes and TDHEs to prevent, prepare for, and respond to COVID-19. If this
funding were counted against an Indian tribe and resulted in it receiving less IHBG
formula funding under the next IHBG formula allocation, such a reduction in future
funding would undermine the purposes of the IHBG-CARES funds and have an adverse
impact on Indian tribes working to respond to the current National Emergency.
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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. HUD has since
determined that these flexibilities can also be granted with respect to ICDBG funds
appropriated under the FY 2019 Consolidated Appropriations Act (Public Law 116-6).
Accordingly, the following waivers and alternative requirements apply only to ICDBG-
CARES grants (the new ICDBG funding provided under the CARES Act), and FY 2019 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 2019 and 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.
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(c)(3)
Description: Section 104 of the HCD Act and 24 CFR § 1003.604 requires ICDBG
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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(c)(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(c)(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. Such alternative
requirements to publish or post information for their plans must ensure effective
communication with persons with disabilities. 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 and ensuring
meaningful access for persons with limited English proficiency.
For virtual meetings, such steps will include ensuring that information is provided on an
accessible website, that emails and other digital notifications are accessible, and that the
application or platform used to host the hearing is also 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
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.
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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 issued further guidance in the ICDBG-CARES Implementation Notice (Notice
PIH 2020-11) on the application process and criteria for ICDBG applicants applying
for ICDBG-CARES grants to address the COVID-19 pandemic.
With respect to applications for ICDBG-CARES grants and FY 2019 and 2020
ICDBG Imminent Threat grants to address the COVID-19 pandemic: 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.
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 published grant ceilings in Notice
PIH 2020-11.
HUD may also further revise these grant ceilings in the future depending on how the
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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.
Also, pursuant to 24 CFR § 1003.605(b) and 24 CFR § 58.34(a)(10), grants to
provide assistance for temporary or permanent improvements that do not alter
environmental conditions and are limited to protection, repair, or restoration activities
necessary only to control or arrest the effects from disasters or imminent threats to
public safety including those resulting from physical deterioration do not have to
submit a Request for Release of funds and certification. However, the responsible
entity must document in writing its determination that each activity or project is
exempt from environmental review.10 In the case of imminent threat activities that do
not meet the conditions in 24 CFR § 58.34(a)(10) for exemption from environmental
review, ICDBG applicants or recipients may not commit ICDBG funds to reimburse
expenses for such activities until HUD approves a Request for Release of Funds.
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 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
10
Additional guidance on the use and documentation of 24 CFR 58.34(a)(10) is available at CPD Notice 20-07.
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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-CARES grant
funds are not awarded in a fiscal year, HUD will assess how the COVID-19 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 2019 and 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 2019 and 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 2019/2020 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 2019/2020 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
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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
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 COVID-19 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 may establish lines of credit with third party providers (e.g., grocery stores)
on behalf of specific beneficiary families, provided all expenses can be properly
documented and all ICDBG-CARES funds used for this purpose are expended on
eligible activities. In all cases, 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
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24 CFR § 1003.207(b)(1), with some exceptions.
Given the immediate need for medical and personal protective equipment, and other
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. Equipment must be used for authorized
program purposes, and any proceeds from the disposition of equipment will be
considered ICDBG-CARES program income. HUD may issue further guidance in the
future on the disposition of program income after grant closeout.
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 Tribes
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
71
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 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. As a reminder, such
new housing construction must meet applicable federal accessibility requirements,
including requirements under Section 504 of the Rehabilitation Act and 24 CFR part 8
HUD will issue additional ICDBG-CARES implementation guidance in the near future.
15. Further Information. Questions concerning this Notice should be submitted by email to the
following HUD mailbox: PIH-covidwaivers@hud.gov.
___________________________
Dominique Blom
General Deputy Assistant Secretary
for Public and Indian Housing
72
Appendix:
The availability period for the following waivers and alternative requirements is extended
through December 31, 2021:
PH and HCV-2: Family Income and Composition: Delayed Annual Examinations
PH and HCV-3: Family Income and Composition: Annual Examination; Income
Verification Requirements
PH and HCV-4: Family Income and Composition: Interim Examinations
PH and HCV-5: Enterprise Income Verification (EIV) Monitoring
PH and HCV-6: Family Self-Sufficiency (FSS) Contract of Participation: Contract
Extension
PH and HCV-7: Waiting List: Opening and Closing; Public Notice
HQS-1: Initial Inspection Requirements
HQS-2: Project-Based Voucher (PBV) Pre-HAP Contract Inspections: PHA
Acceptance of Completed Units
HQS-3: Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Option
HQS-4: HQS Initial Inspection Requirement: Alternative Inspection Option
HQS-5: HQS Inspection Requirement: Biennial Inspections
HQS-6: HQS Interim Inspections
HQS-7: PBV Turnover Unit Inspections
HQS-8: PBV HAP Contract: HQS Inspections to Add or Substitute Units
HQS-9: HQS Quality Control Inspections
HQS-11: Homeownership Option: Initial HQS Inspection
HCV-1: Administrative Plan
HCV-2: Information When Family is Selected: PHA Oral Briefing
HCV-3: Term of Voucher: Extensions of Term
HCV-4: PHA Approval of Assisted Tenancy: When HAP Contract is Executed
HCV-5: Absence from Unit
HCV-6: Automatic Termination of HAP Contract
HCV-7: Increase in Payment Standard During HAP Contract Term
HCV-8: Utility Allowance Schedule: Required Review and Revision
HCV-9: Homeownership Option: Homeownership Counseling
HCV-10: Family Unification Program (FUP): FUP Youth Age Eligibility to Enter
HAP Contract
HCV-11: Family Unification Program (FUP): Length of Assistance for Youth
HCV-12: Family Unification Program (FUP): Timeframe for Referral
HCV-13: Homeownership: Maximum Term of Assistance
HCV-14: Mandatory Removal of Unit from PBV HAP Contract
PH-3: Cost and Other Limitations: Types of Labor
PH-4: ACOP: Adoption of Tenant Selection Policies
PH-7: Over-Income Families
PH-8: Resident Council Elections
PH-9: Review and Revision of Utility Allowance
73
PH-10: Tenant Notifications for Changes to Project Rules and Regulations
PH-13: Over-Income Limit: Termination Requirement
PH-14: Annual Choice of Rent
MR-0 Family Income and Composition: Annual examination; Income Verification
Requirements
MR-1 Family Income and Composition: Delayed Annual Examination
MR-3 Family Income and Composition: Interim Examinations
MR-4 Enterprise Income Verification (EIV) Monitoring
MR-5 PHA Inspection Requirement: Annual Inspections
MR-6 Adjustment of Utility Allowance
MS-1 Mainstream Initial Lease Term
MS-2 Mainstream Criminal Background Screening
MS-3 Mainstream Age Eligibility to Enter HAP Contract Statutory Authority
For PH-1: Fiscal Closeout of Capital Grant Funds, for grants that were open on March 19, 2020,
HUD is extending the deadline for submission of grant closeout documents (i.e., ADCCs and
AMCCs) from 120 days to one year.
The availability period for the specific administrative relief items is extended as follows:
For item11.a.: PHAS, HUD will carry forward the most recent PHAS score on record
for any PHAs with a fiscal year on or before December 31, 2021.
For item 11.b.: SEMAP, HUD will carry forward the most recent SEMAP score on
record for any PHAs with a fiscal year on or before December 31, 2021.
For item 11.c.: Uniform Financial Reporting Standards: Filing of Financial Reports;
Reporting Compliance Dates, consistent with the OMB guidance, the audited
submission deadline for all PHAs with FYEs of March 31, 2020 to June 30, 2021 is
extended by six months.
For item 12.c.: Extension of Deadline for Programmatic Obligation and Expenditure
of Capital Funds, HUD is extending both the obligation end date and the expenditure
end date for all Capital Fund grants that were open on April 10, 2020, by 24 months
from the obligation and expenditure end date in Line of Credit Control System
(LOCCS) that was in effect on April 10, 2020; for new Capital Fund grants opened
between April 11, 2020 and December 31, 2020, HUD is extending both the
obligation end date and expenditure date by 24 months from the obligation and
expenditure end dates in LOCCS as of December 31, 2020. 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.
For item 12.d.: Section 6(j) 1- and 2-Year Substantial Improvement Requirement, the
period of availability: (1) is effective on the date of this Notice; and (2) will continue
through March 31, 2023, at which time HUD will reevaluate any additional impacts
of this waiver on any PHA in the process of being evaluated.
74
Attachment I: 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 regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH and HCV-1 Statutory Authority Alternative dates for Varies based on
PHA 5-Year and Section 5A(a)(1), Section submission FYE
Annual Plan 5A(b)(1), Section 5A(g), Changes to significant 12/31/20
Submission Dates: Section 5A(h)(2) amendment process
Significant
Amendment Regulatory Authority
Requirements §§ 903.5(a)(3), 903.5(b)(3),
903.13(c), 903.21, 903.23
PH and HCV-2 Statutory Authority Permits the PHA to 6/30/21
Family Income and Section 3(a)(1) delay the annual
Composition: Delayed reexamination of All reexams due in
Annual Examinations Regulatory Authority income and family CY20 must be
§§ 982.516(a)(1), composition completed by
960.257(a) HCV PHAs must 12/31/20. Reexams
implement HCV-7 for due between 1/1/21
impacted families if and 12/31/21 would
they implement this need to be
waiver completed by
12/31/21.
1
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH and HCV-3 Regulatory Authority Waives the requirements 12/31/21
Family Income and §§ 5.233(a)(2), 960.259(c), to use the income
Composition: Annual 982.516(a) hierarchy, including the
Examination; Income use of EIV, and will
Verification Sub-regulatory Guidance allow PHAs to consider
Requirements Notice PIH 2018-18 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 12/31/21
Family Income and Section 3(a)(1) to use the income
Composition: Interim verification
Examinations Regulatory Authority requirements, including
§§ 5.233(a)(2), the use of EIV, for
982.516(c)(2), 960.257(a), interim reexaminations
(b) and (d), 960.259(c)
Sub-regulatory Guidance
Notice PIH 2018-18
2
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH and HCV-5 Regulatory Authority Waives the mandatory 12/31/21
Enterprise Income § 5.233 EIV monitoring
Verification (EIV) requirements
Monitoring Sub-regulatory Guidance
Notice PIH 2018-18
PH and HCV-6 Statutory Authority FSS has a provision that 12/31/21
Family Self- Section 23(c)3 indicates that PHAs can
Sufficiency (FSS) extend Participation
Contract of Regulatory Authority Contracts by up to two
Participation: Contract § 984.303(d) years (beyond the
Extension original five) for “good
cause.” PHAs should
consider pandemic-
related issues as an
“automatic” good cause
PH and HCV-7 Regulatory Authority Waives public notice 12/31/21
Waiting List: Opening § 982.206(a)(2) requirements for
and Closing; Public opening and closing
Notice Sub-regulatory Guidance waiting list
Notice PIH 2012-34 Requires alternative
process
3
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH and HCV-8 Regulatory Authority Waives the third-party 12/31/21
Eligibility §§ 960.259(c), 982.201(e) income verification
Determination: requirements for
Income Verification Sub-regulatory Guidance applicants, and will
Notice PIH 2018-18 allow PHAs to consider
self-certification as the
highest form of income
verification at admission
PHAs must review the
EIV Income and IVT
Reports to confirm/
validate family-
reported income within
90 days
PH and HCV-9 Statutory Authority Waives the requirements 12/31/21
Eligibility 42 USC 1436a(d)(2) to obtain and verify
Determination: Social social security number
Security Number and Regulatory Authority documentation and
Citizenship §§ 5.216(b)(2), (g), (h), documentation
Verification 5.218, 5.508(b)(2)(ii), evidencing eligible
(b)(3)(ii), (g) noncitizen status before
admitting applicants to
Sub-regulatory Guidance the HCV and Public
Notice PIH 2012-10 Housing programs
4
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PHAs may accept self-
certification of date of
birth and disability
status if a higher level of
verification is not
immediately available.
Individuals admitted
under this waiver must
provide the required
documentation within
90 days of admission to
be eligible for continued
assistance
HQS-1 Statutory Authority Changes initial 12/31/21
Initial Inspection Section 8(o)(8)(A)(i), inspection requirements,
Requirements Section 8(o)(8)(C) allowing for owner
certification that there
are no life-threatening
deficiencies
Regulatory Authority Where self-certification 6/30/22
§§ 982.305(a), 982.305(b), was used, PHA must
982.405 inspect the unit no later
than 6/30/22
5
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
Will include reminder
that HQS waiver does
not include a waiver of
24 CFR 35.1215, visual
assessment for
deteriorated paint
HQS-2: Project-Based Statutory Authority: Changes inspection 12/31/21
Voucher (PBV) Pre- Section 8(o)(8)(A) requirements, allowing
HAP Contract for owner certification
Inspections: PHA Regulatory Authority: that there are no life-
Acceptance of §§ 983.103(b), threatening deficiencies
Completed Units 983.156(a)(1) Where self-certification 6/30/22
was used, PHA must
inspect the unit no later
than 6/30/22
HQS-3 Statutory Authority Allows for extension of 12/31/21
Initial Inspection: Section 8(o)(8)(A)(ii) up to 30 days for owner
Non-Life-Threatening repairs of non-life-
Deficiencies (NLT) threatening conditions
Option
Sub-regulatory Guidance
HOTMA HCV Federal
Register Notice January 18,
2017
6
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HQS-4 Statutory Authority Under Initial HQS 12/31/21
HQS Initial Inspection Section 8(o)(8)(A)(iii) Alternative Inspection
Requirement: Option - allows for
Alternative Inspection Sub-regulatory Guidance commencement of
Option HOTMA HCV Federal assistance payments
Register Notice January 18, based on owner
2017 certification there are no
life-threatening
deficiencies 6/30/22
Where self-certification
was used, PHA must
inspect the unit no later
than 6/30/22
HQS-5 Statutory Authority Allows for delay in 12/31/21
HQS Inspection Section 8(o)(D) biennial inspections
Requirement: Biennial PHAs must require
Inspections Regulatory Authority owner certification there
§§ 982.405(a), 983.103(d) are no life-threatening 6/30/22
deficiencies
PHAs must conduct all
delayed biennial
inspections from CY
2020 as soon as
reasonably possible but
7
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
no later than 6/20/22,
and must conduct all
delayed biennial
inspections from CY
2021 as soon as
reasonably possible but
no later than 12/31/22
HQS-6 Statutory Authority Waives the requirement 12/31/21
HQS Interim Section 8(o)(8)(F) for the PHA to conduct
Inspections interim inspection and
Regulatory Authority requires alternative
§§ 982.405(g), 983.103(e) method
Allows for repairs to be
verified by alternative
methods
HQS-7 Regulatory Authority Allows PBV turnover 12/31/21
PBV Turnover § 983.103(c) units to be filled based
Unit Inspections on owner certification
there are no life-
threatening deficiencies
Allows for delayed full
HQS inspection NLT 6/30/22
than 6/30/22
8
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HQS-8: PBV HAP Statutory Authority Allows for PBV units to 12/31/21
Contract: HQS Section 8(o)(8)(A) be added or substituted
Inspections to Add or in the HAP contract
Substitute Units based on owner
Regulatory Authority certification there are no
§§ 983.207(a), 983.207(b) life-threatening
deficiencies
Sub-regulatory Guidance Allows for delayed full 6/30/22
HOTMA HCV Federal HQS inspection NLT
Register Notice January 18, 6/30/22
2017
HQS-9 Regulatory Authority Provides for a 12/31/21
HQS Quality Control §§ 982.405(b), suspension of the
Inspections 983.103(e)(3) requirement for QC
sampling inspections
HQS-10 Regulatory Authority Waives the requirement Remains in effect
Housing Quality § 982.401(d) that each dwelling unit one year from lease
Standards: Space and have at least 1 bedroom term or date of this
Security or living/sleeping room Notice, whichever
for each 2 persons. is longer
9
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HQS-11 Statutory Authority Waives the requirement 12/31/21
Homeownership Section 8(o)(8)(A)(i), to perform an initial
Option: Initial HQS Section 8(y)(3)(B) HQS inspection in order
Inspection Regulatory Authority to begin making
§ 982.631(a) homeownership
assistance payments
Requires family to
obtain independent
professional inspection
HCV-1 Regulatory Authority Establishes an 9/30/21
Administrative Plan § 982.54(a) alternative requirement
that policies may be
adopted without board
approval until 9/30/21
Any provisions adopted 12/31/21
informally must be
adopted formally by
12/31/21
HCV-2 Regulatory Authority Waives the requirement 12/31/21
Information When §§ 982.301(a)(1), for an oral briefing
Family is Selected: 983.252(a) Provides for alternative
PHA Oral Briefing methods to conduct
required voucher
briefing
10
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HCV-3 Regulatory Authority Allows PHAs to provide 12/31/21
Term of Voucher: § 982.303(b)(1) voucher extensions
Extensions of Term regardless of current
PHA policy
HCV-4 Regulatory Authority Provides for HAP 12/31/21
PHA Approval of § 982.305(c) payments for contracts
Assisted Tenancy: not executed within 60
When HAP Contract days
is Executed PHA must not pay HAP
to owner until HAP
contract is executed
HCV-5 Regulatory Authority Allows for PHA 12/31/21
Absence from Unit § 982.312 discretion on absences
from units longer than
180 days
PHAs must not make
HAP payments beyond
12/31/20 for units
vacant more than 180
consecutive days
11
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HCV-6 Regulatory Authority Allows PHA to extend 12/31/21
Automatic § 982.455 the period of time after
Termination of HAP the last HAP payment is
Contract made before the HAP
contract terminates
automatically.
HCV-7 Regulatory Authority Provides PHAs with the 12/31/21
Increase in Payment § 982.505(c)(4) option to increase the
Standard During HAP payment standard for
Contract Term the family at any time
after the effective date
of the increase, rather
than waiting for the next
regular reexamination.
HCV-8 Regulatory Authority Provides for delay in 12/31/21
Utility Allowance § 982.517 updating utility
Schedule: Required allowance schedule
Review and Revision
HCV-9 Statutory Authority Waives the requirement 12/31/21
Homeownership Section 8(y)(1)(D) for the family to obtain
Option: pre-assistance
Homeownership Regulatory Authority counseling
Counseling §§ 982.630, 982.636(d)
12
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HCV-10 Statutory Authority Allows PHAs to 12/31/21
Family Unification Section 8(x)(2) increase age to 26 for
Program (FUP): FUP foster youth initial lease
Youth Age Eligibility up
to Enter HAP Contract
HCV-11 Statutory Authority Allows PHAs to 12/31/21
Family Unification Section 8(x)(2) suspend terminations of
Program (FUP): assistance for FUP
Length of Assistance youth who will reach the
for Youth 36-month limit between
April 10, 2020, and
December 31, 2020
HCV-12 Statutory Authority Allows PHAs to accept 12/31/21
Family Unification Section 8(x)(2) referrals of otherwise
Program (FUP): eligible youth who will
Timeframe for leave foster care within
Referral 120 days
HCV-13 Regulatory Authority Allows a PHA to extend 12/31/21
Homeownership: § 982.634(a) homeownership
Maximum Term of assistance for up to 1
Assistance additional year
13
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
HCV-14 Regulatory Authority Allows a PHA to keep a 12/31/21
Mandatory Removal §§ 983.211(a); 983.258 PBV unit under contract
of Unit from PBV for a period of time that
HAP Contract extends beyond 180
from the last HAP but
does not extend beyond
December 31, 2020
HCV-15 Statutory Authority Allows a PHA to permit 12/31/21
Project-Based 42 U.S.C. § 1437a(b)(3)(A) a family to initially lease
Voucher (PBV) and an under-occupied PBV
Enhanced Voucher Regulatory Authority or RAD PBV unit (a
(EV) Provisions on 24 CFR §§ 983.253(b), unit that has more
Under-Occupied Units 983.260 bedrooms than what the
family qualifies for
Sub-regulatory Guidance under PHA subsidy
Notice H 2019-9/PIH standards) under certain
2019-23, Notice PIH 2016- circumstances as
02 described, and to allow
for the continued
occupancy of PBV and
EV families already
under a lease for an
under-occupied PBV,
RAD PBV, or EV unit.
14
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH-1 Regulatory Authority Extension of deadlines Varies by PHA;
Fiscal Closeout of § 905.322(b), for closeout documents For grants that
Capital Grant Funds 2 CFR § 200.344(a) (ADCC and AMCC) were open on
March 19, 2020,
the deadline for
submission of grant
closeout documents
(ADCCs and
AMCCs) is
extended from 120
days to one year.
PH-2 Regulatory Authority Waives the TDC and Applies to
Total Development § 905.314(c) - (d) HCC limits permitting development
Costs approval of amounts in proposals
excess of published submitted to HUD
TDC by 25% to 50% on no later than
a case-by-case basis December 31, 2021
PH-3 Regulatory Authority Allows for the use of 12/31/21
Cost and Other § 905.314(j) force account labor for
Limitations: Types of modernization without
Labor HUD approval
regardless of whether
the PHA is a high
performer
15
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH-4 Regulatory Authority Establishes an 9/30/21
ACOP: Adoption of § 960.202(c)(1) alternative requirement
Tenant Selection that policies may be
Policies adopted without board
approval until 9/30/21
Any provisions adopted 12/31/21
informally must be
adopted formally by
12/31/21
PH-5 Statutory Authority Temporarily suspends N/A – this
Community Service Section 12(c) CSSR waiver is
and Self-Sufficiency superseded by
Requirement (CSSR) Regulatory Authority 12.e.
– superseded by 12.e. §§ 960.603(a) and
960.603(b)
PH-6 Regulatory Authority Allows for delay in due 12/31/21
Energy Audits § 965.302 dates of energy audits
16
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH-7 Statutory Authority Changes to timeframes 12/31/21
Over-Income Families Section 16(a)(5) for determination of
over-income when a
Sub-regulatory Guidance delay in the annual
Housing Opportunity reexamination occurs as
Through Modernization a result of adoption of
Act of 2016: Final waiver PH and HCV-2
Implementation of the
Public Housing Income
Limit 83 FR 35490, Notice
PIH 2019-11
PH-8 Regulatory Authority Provides for delay in 12/31/21
Resident Council § 964.130(a)(1) resident council
Elections elections
PH-9 Regulatory Authority Provides for delay in 12/31/21
Review and Revision § 965.507 updating utility
of Utility Allowance allowance schedule
PH-10 Regulatory Authority Advance notice not 12/31/21
Tenant Notifications § 966.5 required except for
for Changes to Project policies related to tenant
Rules and Regulations charges
17
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
PH-11 Designated Statutory Authority Extends the Plan’s 6/30/21
Housing Plan Section 7(f) effective period through
Renewals June 30, 2021 for Plans
due to expire between
July 2, 2020 and June
30, 2021
PH-12 Statutory Authority Waives the requirement 12/31/20
Public Housing Section 6(f)(3) that the PHA must
Agency Annual Self- inspect each project
Inspections Regulatory Authority
§ 902.20(d)
PH-13 Statutory Authority Section Waives the requirement 12/31/21
Over-Income Limit: 16(a) as amended by that a family whose
Termination section 103 of HOTMA income has exceeded
Requirement the over-income limit
Implementation Notice: for the locality for two
Housing Opportunity consecutive years be
Through Modernization terminated within 6
Act of 2016: Final months of the third
Implementation of Public income determination
Housing Income Limit, 83 As an alternative
Fed. Reg. 35,490 (July 26, requirement, over-
2018) income families will
remain public housing
18
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
households instead of
being terminated and
will be charged the
applicable FMR as the
family’s monthly rental
amount
PH-14 Statutory Authority: Allows a PHA to give 12/31/21
Annual Choice of 42 USC 1437a(a)(2)(A) families up to two
Rent opportunities to choose
Regulatory Authority between a flat rent and
§ 960.253 an income-based rent
within the same one-
year period
11a Regulatory Authority Allows for alternatives HUD will carry
PHAS 24 CFR Part 902 related to inspections forward the most
PHA to retain prior year recent PHAS score
PHAS score unless on record for any
requests otherwise PHAs with a fiscal
year on or before
12/31/21
11b Regulatory Authority PHA to retain prior year HUD will carry
SEMAP 24 CFR Part 985 SEMAP score unless forward the most
requests otherwise recent SEMAP
19
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
score on record for
any PHAs with a
fiscal year on or
before 12/31/21
11b-1 Regulatory Authority Allows field offices to 12/31/21
SEMAP § 985.105(d) perform a remote
SEMAP confirmatory
review instead of an on-
site confirmatory review
before changing a
PHA’s rating from
troubled to standard or
high performer
11b-2 Regulatory Authority Waives the requirement 1/1/22
SEMAP § 985.101(a) for PHAs to submit an
annual SEMAP
certification in PIC
within 60 days of FYE
during the period of
time that HUD will roll
forward prior year
SEMAP scores
20
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
11c Regulatory Authority Allows for extensions of Varies by PHA
Uniform Financial §§ 5.801(c), 5.801(d)(1) financial reporting FYE
Reporting Standards: deadlines
Filing of Financial
Reports; Reporting
Compliance Dates
12a Regulatory Authority Waives the requirement 12/31/20
PHA Reporting 24 CFR Part 908, § to submit 50058 within
Requirements on 982.158 60 days
HUD Form 50058 Alternative requirement
to submit within 90 days
Sub-regulatory Guidance of the effective date of
Notice PIH 2011-65 action
12b Statutory Authority Allows for HUD to 7/31/20
Designated Housing Section 7(e)(1) delay notification about
Plans: HUD 60-Day designated housing plan
Notification
12c Statutory Authority Provides a 24-month For all Capital
Extension of Deadline Section 9(j) extension Fund grants that
for Programmatic were open on April
Obligation and Regulatory Authority 10, 2020, a 24-
Expenditure of Capital § 905.306(d)(5) month extension
Funds from the obligation
21
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
and expenditure
end date in LOCCS
as of April 10,
2020; For new
Capital Fund grants
opened between
April 11, 2020 and
December 31,
2020, a 24-month
extension from the
obligation and
expenditure end
dates in LOCCS as
of December 31,
2020.
12d Statutory Authority For PHAs designated as The period of
Section 6(j) 1- and 2- Section 6(j)(3)(B)(ii) troubled prior to the date availability for this
Year Substantial of this Notice that have waiver and
Improvement not received a PHAS alternative
Requirements Regulatory Authority assessment for the first requirement: (1) is
24 CFR § 902.75(d) full fiscal year after the effective on the
initial notice of the date of this Notice;
troubled designation, and (2) will
HUD will: (1) evaluate continue through
the 1-year substantial March 31, 2023, at
22
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
improvement which time HUD
benchmark based on the will reevaluate any
first released score for additional impacts
fiscal years ending on or of this waiver on
after March 31, 2022 any PHA in the
and, (2) toll the process of being
evaluation of the 2-year evaluated.
recovery benchmark to
the next sequential fiscal
year
12e Statutory Authority Waives the requirement Effective for all
Community Service Section 12(c) that each non-exempt annual
and Self-Sufficiency adult resident of public reexaminations
Requirement (CSSR) Regulatory Authority housing contribute 8 completed between
suspension 24 CFR §§ 960.603(a), hours per month of publication date of
960.603(b), 960.607, community service this notice through
966.4(l)(2)(iii)(D) and/or participation in April 30, 2022.
an economic self-
sufficiency program.
This non-discretionary
waiver also suspends
enforcement of the
requirement by all
PHAs operating a public
housing program
23
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
MR-1 Statutory Authority Waives statutory and 12/31/21
Family Income and Section 3(a)(1) regulatory requirement
Composition: Delayed to permit PHAs to delay
Annual Examination Regulatory Authority annual reexaminations
24 CFR § 882.515(a) of Mod Rehab families
MR-0 Regulatory Authority: Waives the requirements 12/31/21
Family Income and §5.233(a)(2) to use the income
Composition: Annual hierarchy
examination; Income Sub-regulatory Guidance described by Notice PIH
Verification Notice PIH 2018-18 2018-18 and will allow
Requirements PHAs to forgo third-
party income
verification
requirements for annual
reexaminations,
including the use of
EIV, if the PHA wishes
to conduct
the annual reexam rather
than delaying the
family’s annual reexam
as permitted
under MR-1
24
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
MR-3 Statutory Authority Waives requirements to 12/31/21
Family Income and Section 3(a)(1) use the income
Composition: Interim verification hierarchy as
Examinations Regulatory Authority described by
24 CFR §§ 5.233(a)(2), Notice PIH 2018-18.
882.515(b) Allows PHAs to forgo
third-party income
Sub-regulatory Guidance verification
Notice PIH 2018-18 requirements for interim
reexams, 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 reexams
MR-4 Regulatory Authority Waiving the mandatory 12/31/21
Enterprise Income § 5.233 EIV monitoring
Verification (EIV) requirements.
Monitoring Sub-regulatory Guidance
Notice PIH 2018-18
25
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
MR-5 Regulatory Authority Waives the annual 12/31/21
PHA Inspection § 882.516(b) inspection requirement
Requirement: Annual and allows PHAs to
Inspections delay annual
inspections for Mod
Rehab units
All delayed annual
inspections must be
completed as soon as
reasonably possible but
no later than one year
after the date the
annual inspection
would have been
required absent the
waiver
MR-6 Regulatory Authority Waives the requirement 12/31/21
Adjustment of Utility § 882.510 to allow PHAs to delay
Allowance the review and update of
utility allowances
26
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
MS-1 Statutory Authority PHA may enter initial 12/31/21
Mainstream Initial Section 8(o)(7)(A) lease terms of less than
Lease Term one year regardless of
Regulatory Authority whether the shorter
§ 982.309(a)(2)(ii) lease term is a
prevailing market
practice
MS-2 Statutory Authority PHAs may establish, as 12/31/21
Mainstream Criminal 42 U.S.C. 13663(a), 42 an alternative
Background Screening U.S.C. 13661 requirement, screening
requirements for
Regulatory Authority applicants for
§§ CFR 5.856, 982.553(a) Mainstream vouchers
which are distinct from
those in place for its
HCV program in
general
MS-3 Statutory Authority As an alternative 12/31/21
Mainstream Age 42 U.S.C. 8013(k)(2) requirement, the PHA
Eligibility to Enter may choose to expand
HAP Contract the definition of an
Statutory Authority eligible non-elderly
family member to
include those who were
27
Attachment I: 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.)
Item Statutory and regulatory Summary of alternative Availability Did the PHA Date of
waivers requirements Period Ends implement PHA
the waiver or adoption.
alternative
requirement?
issued a voucher prior
to turning 62 and were
not yet 63 on the
effective date of the
HAP Contract
28
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
COVID-19 Statutory and Regulatory Waivers for ONAP programs
Item Statutory and Regulatory Waiver/Alternative Requirement Summary
Waivers
13a. Application Statutory Authority: Section Abbreviated IHP to Receive IHBG-CARES Grant Funding: Applicants for
Process for IHBG- 101(b), Section 102, and IHBG-CARES funding must submit an abbreviated IHP specifying how
CARES Grants and Section 103 of NAHASDA the funds will be used.
Indian Housing Plan Regulatory Authority: 24
(IHP) Requirements C.F.R. §§ 1000.214; Recipients that did Not Submit an IHP in FY2020: A Tribe or TDHE that
1000.218;1000.220; 1000.224; did not submit a timely or compliant IHP in FY 2020 may still qualify for
1000.226; 1000.228;1000.230; an IHBG-CARES grant.
and 1000.232
IHP Certifications: IHBG recipients that cannot provide HUD with IHP
certifications may still submit an Abbreviated IHP provided an authorized
official of the IHBG recipient provides a statement on inability to secure
certifications.
Reprogramming of FY2020 IHBG Funding: FY2020 IHBG funds may be
reprogrammed to address COVID-19 through streamlined process.
1
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
13b. IHP Statutory Authority: Section IHP Submission Deadlines Original IHP Due Extension
Submission 101(b) and 102(a) of Extended Date
Deadline for Annual NAHASDA,
IHBG Formula 1/17/2020 10/16/2020
Regulatory Authority: 24 CFR
Grants §§ 1000.214, 1000.216,
1000.225 4/17/2020 10/16/2020
7/18/2020 1/17/2021
13c.Annual Statutory Authority: Sections APR Submission Deadlines Original APR Due Extension
Performance Report 403 and 404 of NAHASDA, Extended Date
Submission Regulatory Authority: 24 CFR
Deadline § 1000.514 3/30/2020 9/27/2020
6/29/2020 12/30/2020
9/30/2020 12/30/2020
13d. Income Regulatory Authority: 24 CFR IHBG recipients may deviate from their current written admissions and
Verification § 1000.128 occupancy policies, including allowing less frequent income
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.
2
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
13f. COVID-19- Statutory Authority: Section Recipients may use IHBG-CARES funding to prevent, prepare for, and
Related Assistance 201(b) of NAHASDA, respond to COVID-19 through certain limited activities that provide
to Non-Low Income Regulatory Authority: 24 CFR assistance to all affected and threatened people without regard to income
and Non-Native §§ 1000.104, 1000.106, limits or Indian status.
Families 1000.108, 1000.110, 1000.312,
1000.314, 1000.318
13g. Useful Life Statutory Authority: Section If the assistance is related to inhibiting the spread of COVID-19 to low-
205 of NAHASDA, income Indian families and the Tribal community, Recipients may use
Regulatory Authority: 24 CFR IHBG-CARES funding to assist housing units without determining and
§§ 1000.141, 1000.142, maintaining affordability during their useful life.
1000.143, 1000.144, 1000.146,
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
(TDC) Limits 1000.160, 1000.162 prevent, prepare for, and respond to COVID-19.
13i. Prohibition Statutory Authority: Section Recipients are prohibited from investing any IHBG funding provided
Against Investment 204(b) of NAHASDA, under the CARES Act.
of CARES Act Regulatory Authority: 24 CFR
3
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
Grant Funds § 1000.58
4
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
13j. IHBG-CARES Regulatory Authority: 24 CFR IHBG-CARES funds will not count towards an IHBG recipient’s prior
Funds Not Counted § 1000.342 years’ undisbursed funds when applying the Undisbursed Funds Factor
in Undisbursed under the IHBG formula.
Funds Factor
14a. Citizen Statutory Authority: Section Indian tribes are not required to hold one or more meetings to obtain the
Participation 104 of the Housing and views of residents before applying for ICDBG-CARES grant funding or
Community Development Act amending their FY 2019/2020 ICDBG grants to address COVID-19.
of 1974 (HCD Act)
Regulatory Authority: 24 CFR
§ 1003.604
14b. Application Process for ICDBG-CARES Grants 1) Criteria for Funding: With respect to applications for ICDBG-CARES
and Funding Criteria grants and FY 2019/2020 ICDBG Imminent Threat grants to address the
COVID-19 crisis, the urgency and immediacy of the threat will be
Regulatory Authority: 24 CFR §§ 1003.400,
presumed.
1003.401, 1003.402; Section I.A.1.b. of FY19/20
ICDBG Notice of Funding Availability (NOFA)
2) Grant Ceilings: Current grant ceilings are waived for ICDBG-CARES
and will be set in an ICDBG-CARES Implementation Notice to be
published in the very near future.
3) Reimbursement of Costs and Letter to Proceed: ICDBG applicants and
grantees to receive ICDBG-CARES grants do not have to demonstrate
other Tribal funding sources cannot be made available to alleviate the
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.
5
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
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.
14c. Removal of Statutory Authority: Section HUD is eliminating the 15 percent cap on FY 2019/2020 ICDBG funding
Public Services 15 105 of the HCD Act; (both Single Purpose and Imminent Threat grants).
Percent Cap under Regulatory Authority: 24 CFR
FY 2019 and FY § 1003.201(e); FY 19/20
2020 ICDBG Grants ICDBG NOFA
14d. Rental Statutory Authority: Section ICDBG grant funds may be used to provide emergency payments for low-
Assistance, Utility 105 of the HCD Act; and moderate-income individuals or families impacted by COVID-19 for
Assistance, Food, Regulatory Authority: 24 CFR items such as food, medicine, clothing, and other necessities, as well as
Clothing, and Other § 1003.207(b)(4) utility payment assistance.
Emergency
Assistance
14e. Purchase of Regulatory Authority: 24 CFR Grantees may use of ICDBG funds for the purchase of medical and
6
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
Equipment §§ 1003.207(b)(1); personal protective equipment to prevent, prepare for, and respond to the
1003.201(c)(1)(ii) COVID-19.
7
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
14f. Operating Regulatory Authority: 24 CFR Grantees may use ICDBG funds to pay operating and maintenance
Expenses for Public § 1003.207(b)(2) expenses of any public facility, to the extent it is used for COVID-19-
Facilities related purposes but not for staffing costs of public facilities.
14g. New Housing Statutory Authority: Section ICDBG grantees may use ICDBG funds to carry out new housing
Construction by 105 of the HCD Act, construction under certain conditions without having to use a CBDO.
Tribes Regulatory Authority: 24 CFR
§ 1003.207(b)(3)
8
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2021-14, issued May 4, 2021, consolidates and extends a broad set of COVID-19-related waivers and alternative requirements for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant, and Indian Community Development Block Grant programs through December 31, 2021. The notice temporarily relaxes or modifies dozens of standard program rules—covering inspections, income verification, plan submissions, and community service requirements—to help housing agencies maintain operations during the pandemic. These flexibilities are grounded in authority granted by the CARES Act and remain in effect until amended, superseded, or rescinded.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026
Plain English — not legal advice.
For Property Managers
Property owners participating in HCV or Project-Based Voucher programs should be aware that PIH Notice 2021-14 temporarily modified inspection timelines, allowing PHAs to accept owner certifications of no life-threatening conditions in lieu of physical inspections during the covered period. Compliant owners under this notice typically maintained units in accordance with Housing Quality Standards regardless of inspection delays, documented any certifications provided to their PHA, and cooperated with inspections once they were rescheduled. Owners should confirm with their administering PHA which specific waivers were adopted and what follow-up inspection deadlines apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
PIH Notice 2021-14 suspended or modified several protections and requirements that directly affect residents, including the Community Service and Self-Sufficiency Requirement (item 12.e.), which was non-discretionarily suspended for all public housing residents through April 30, 2022. Tenants whose income changed during the covered period retained the right to request an interim reexamination, and PHAs were encouraged to process those promptly. Tenants with questions about how specific waivers affected their household may contact their PHA, a local legal aid organization, or a tenant-rights group for general information.
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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