HUD PIH Notice § 2021-34
Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher (including Mainstream and Mod Rehab) Programs (HUD PIH Notices)
Operative Text
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
SPECIAL ATTENTION OF: NOTICE PIH 2021-34
Office Directors of Public Housing; Issued: December 9, 2021
Regional Directors; Public Housing
Agencies Expires: This notice remains in effect until
amended, superseded or rescinded.
Cross References: Notices PIH 2021-14; PIH 2020-
33; Notice 2020-32; PIH Notice 2020-31; PIH
2020-22; PIH-2020-20; PIH 2020-13; PIH 2020–
05; PIH 2019-11;PIH 2018-18; PIH 2018-16; PIH
2018-01; PIH 2011-64; and 82 FR 5458 (January
18, 2017); 83 FR 35490 (July 26, 2018)
Subject: Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab) Programs.
1. Purpose
This Notice advises PHAs that they may apply for certain regulatory waivers that were originally
offered as part of the CARES Act waivers in Notice PIH 2021-14 to provide continued flexibility
during the pandemic and pandemic recovery. HUD will expeditiously respond to these waiver
requests in accordance with Section 106 of the Department of Housing and Urban Development
Reform Act of 1989. PHAs must utilize the process set out by this Notice to submit waiver
requests and justification of good cause to trigger the expedited HUD review.
The use of this expedited waiver process only applies to waivers explicitly stated in Section 5 of
this Notice. PHAs may continue to request other regulatory waivers as necessary to operate its
HCV and PH programs; however, they will not be subject to the expedited process. If a PHA
requests waivers under the expedited process and the general process simultaneously, HUD may
respond first to the waiver request covered by the expedited process and then to the remaining
waiver requests covered by the general process.
This Notice divides flexibilities into three sections that include (a) flexibilities that will continue
with no waivers needed (Section 4); (b) waivers that PHAs can request, and HUD will process
under its expedited process (Section 5), including payment standard; and (c) other regulatory
waivers that PHAs can request, that will not be expedited (Section 6). For further information,
see HUD’s additional guidance on navigating CARES Act waiver expirations.
www.hud.gov espanol.hud.gov
2. Background
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136)
provided HUD with authority, in the context of the public health emergency, to waive statutes
and regulations (except for requirements related to fair housing, nondiscrimination, labor
standards, and the environment) for the Housing Choice Voucher (HCV) and Public Housing
programs. These waivers provided public housing agencies and authorities (PHAs) with the
flexibility to adjust program practices where necessary so that PHAs could prioritize mission
critical functions. CARES Act waivers and alternative requirements provided administrative
relief to PHAs in response to COVID-19 to assist in complying with public health advisories,
social distancing requirements and efforts to decrease the spread of the virus. Most CARES Act
waivers and alternative requirements contained in notice PIH 2021-14 (published May 5, 2021)
expire on December 31, 2021; specific previously exercised HCV waiver approvals may extend
into 2022.
This Notice provides instruction on expedited waiver processing that would allow for PHAs to
continue to use specific regulatory waivers for the Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab) programs. It also provides for an expedited approval
process for one new waiver in the Housing Choice Voucher Program related to payment
standards that will help facilitate leasing, which was not part of the CARES Act waivers.
3. Statutory waivers
Approximately half of the waivers provided under the CARES Act for HCV and Public Housing
programs were statutory. The CARES Act statutory waivers for PHAs made available through
Notice PIH 2021-14 expire on December 31, 2021 and will not be extended. As a general matter,
HUD does not have the authority to waive statutory requirements; therefore, PHAs should not
send statutory waiver requests to HUD as they will not be approved.
4. Continued operational flexibilities
Throughout the pandemic, PHAs have streamlined and enhanced its programs to effectively
deliver services remotely using existing regulatory flexibilities. This section describes
operational flexibilities that PHAs may utilize without a waiver or advance approval from HUD.
Deadlines for Capital Fund grants: HUD had previously extended by 24 months the obligation
end dates and expenditure deadlines for any Capital Fund grants that were open on April 20,
2020, as well as for new grants that opened between April 11, 2020, and December 31, 2020.
(Note that any extension in a relevant expenditure deadline is still subject to the limitations of the
Account Closing Statute at 31 U.S.C. 1552.) The subject deadlines for those grants have
previously been adjusted in HUD’s electronic Line of Credit Control System (eLOCCS), and
those extended deadlines continue to be in place for those Capital Fund grants. This flexibility
does not extend to Capital Fund grants that opened on or after January 1, 2021.
Similarly, HUD had previously extended the deadline for the submission of Capital Fund grant
closeout documents, including the Actual Development Cost Certificate (ADCC) and the Actual
Modernization Cost Certificate (AMCC), from 120 days to one year from the end of the period
of performance, for all Capital Fund grants that were open as of March 19, 2020. PHAs may
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submit financial, performance, and other reports, including the ADCC and the AMCC, one year
from the end of the period of performance which, in the case of those Capital Fund grants
covered, is the expenditure end date established in eLOCCS. This flexibility does not extend to
Capital Fund grants that opened on or after March 20, 2020.
Income verification hierarchy: Up-front income verification using HUD’s Enterprise Income
Verification (EIV) system and written third-party verification is considered the highest and best
technique to determine a family’s income. The verification should include the family consent to
release information pursuant to 24 CFR 982.516, 982.551, and 5.230. HUD is aware that in some
situations, third party verification is not available. Examples include: if a PHA has made
numerous attempts to obtain the required verifications with no success; it may not be cost
effective to obtain third party verification of income, assets, or expenses; or when the impact on
total tenant payment is minimal. In these cases, the PHA is required to document in the family
file the reason(s) why third-party verification was not available. The exception to third party
verification can be found at 24 CFR 960.259(c)(1) and 982.516(a)(2). See PIH Notice 2018-18
for reference.
Remote Video HQS inspections: PHAs may perform remote, video-assisted, or “virtual” HQS
inspections for inspecting units or responding to resident requests to identify maintenance needs.
PHAs may also utilize similar means (such as videoconferencing, text messaging and email) to
receive maintenance requests. For more information, see PIH Notice 2020-31.
PHA oral briefing: PHAs may continue to use alternative methods to provide oral briefings.
Acceptable methods can include (but are not limited to) phone, webcast, in-person meetings,
video calls, or other virtual methods. For more information, see PIH Notice 2020-32.
HUD reminds PHAs that Section 504 and the Americans with Disabilities Act require PHAs to
ensure effective communication with and provide reasonable accommodations to individuals
with disabilities. PHAs must operate its housing programs or activities so that they are readily
accessible to and usable by individuals with disabilities. The PHA must ensure that the method
of communication for the briefing provides effective communication for, and allows for equal
participation of, each family member, including those with vision, hearing, and other
communication-related disabilities. PHAs are also reminded that Title VI of the Civil Rights Act
requires PHAs to ensure meaningful access for persons with limited English proficiency. LEP
guidance and information is available in the Federal Register.
5. Expedited regulatory waiver requests
HUD has determined that some of the regulatory waivers provided in Notice PIH 2021-14 may
continue to be necessary for effective program administration during pandemic recovery. HUD
will consider requests to extend the regulatory waivers listed in Table 1, Section 6 below under
an expedited process when a PHA can justify good cause. Requests must be received by HUD
on or before March 1, 2022, to receive expedited processing.
A PHA may request a waiver or waivers utilizing the process described below in Section 5B,
which HUD may approve under 24 CFR 5.110. A PHA should include justification of good
cause in its waiver request. The good cause justification must include (a) why a PHA needs the
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waiver; (b) the impact on PHA operations or applicants if the waiver is not provided; and (c) the
proposed waiver duration. Waiver duration should be limited to only the time necessary for a
PHA to resume normal operations but may not exceed December 31, 2022. HUD may provide a
shorter timeframe or other conditions as a part of an approval. Examples of good cause may
include:
Increased vacancy.
Insufficient staffing levels to address administrative or maintenance backlogs.
Potential negative impacts to tenants or the onset of housing instability.
Local pandemic-specific delays or limitations caused by supply chain disruption,
safety, or social distancing requirements.
Section Eight Management Assessment Program (SEMAP) indicators affected
directly or indirectly because of the disruption to PHA operations caused by its
adoption of CARES Act waivers.
A. Expedited Regulatory Waiver Requests Allowed under this Notice
PHAs may request expedited review of waivers under this Notice only for the regulatory
requirements listed in Table 1 below or a Fair Market Rent (FMR) increase as specified in
Section 5C below. Waiver requests must be received on or by March 1, 2022, and are only
available until December 31, 2022, unless noted otherwise.
Table 1. List of expedited regulatory waivers.
Item Waiver Name Regulation Summary of relief from
HUD requirements
(1) Increase in Payment 982.505(c)(4) PHAs have the option to increase the
Standard During payment standard for the family at any
HAP Contract Term time after the effective date of the
increase, rather than waiting for the next
regular reexamination.
(2) SEMAP Score 985.105, PHAs with a fiscal year end 3/31/22,
985.101 6/30/22, 9/30/22, may request to waive
the application of SEMAP in its
entirety, only if the PHA has SEMAP
indicators affected directly or indirectly
because of the disruption to PHA
operations caused by its adoption of
available CARES Act waivers.
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Item Waiver Name Regulation Summary of relief from
HUD requirements
(3) Term of Voucher: 982.303(b)(1) Allows PHAs to grant a family one or
Extensions of Term more extensions of the initial voucher
term regardless of the policy described
in the Administrative Plan. PHAs should
ensure consistency with these requests
and remain in compliance with the
PHA’s informally adopted interim
standard.
(4) Homeownership: 982.634(a) Allows a PHA to extend
Maximum Term of homeownership assistance for up to one
Assistance additional year.
(5) Voucher Tenancy: 982.503(b) PHAs may request an expedited waiver
New Payment to allow for establishment of payment
Standard Amount standards from 111 to 120 percent of the
FMR. PHAs must follow the
instructions below specific to this
waiver.
B. Instructions for submitting expedited regulatory waiver requests for items
(1) - (5) in Table 1 above
This section explains the process for submitting expedited waiver requests and provides direction
to PHAs on how to submit requests for processing. A PHA may request a waiver of the HUD
requirements listed above and should include a justification that documents why the waiver is
needed. No waiver(s) requested may be implemented unless written approval from HUD has
been obtained. To ensure expedited processing, PHAs should email its waiver requests to
PIH_Expedited_Waivers@hud.gov with a copy to their local field office public housing
directors. Each request must include:
(1) An email subject line of: “Expedited Pandemic Regulatory Waiver Request, [PHA
name and code]”.
(2) Body of email should include:
PHA business address and name and email for point of contact.
Name and Regulation from Chart above of the Waiver(s) extension being
requested (NOTE: process for new payment standard amount waivers is different
from the process here; it is specified in Section C below.).
A PHA-specific justification for the waiver(s) extension that shows good cause.
(NOTE: please see additional instructions in Section C below for submitting an
expedited waiver to establish a new payment standard amount.)
Following submission, PIH will reply via email confirming that the request has been received.
The PIH Program Office prepares a final determination for approval by its Assistant Secretary;
and PHAs receive the signed response to the waiver request via email.
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C. Additional instructions for submitting an expedited waiver to establish a FMR
payment standard up to 120 percent of published FMR for item (5) in the table
above
The pandemic caused disruptions in rental markets across the country that are anticipated to
endure throughout calendar year 2022. As PHAs and HUD gain a greater understanding of
whether market shifts are temporary or will result in permanent changes, additional flexibility is
needed for HCV programs to respond to fluctuations in rents more rapidly. The ability to
establish payment standards more closely aligned to current rent is crucial to being able to use all
available federal resources to provide housing to people experiencing homelessness, seniors,
individuals with disabilities, and families with children. HUD emphasizes that this is a temporary
measure to address volatility as a direct result of the pandemic and will continue to assess its
FMR methodology going forward.
Due to these factors, HUD is allowing PHAs, including PHAs with an approved success rate
payment standard, to request an expedited waiver to allow for establishment of payment
standards up to 120 percent of the FMR. PHAs must demonstrate a good cause justification to
receive approval of the waiver. A PHA may not apply the FMR waiver payment standard until it
receives written approval from HUD. The FMR waiver payment standards generally are only
applicable to the FY 2022 FMRs. However, PHAs with a pending FMR reevaluation who are
required to continue to use the FY 2021 FMRs may request to use this waiver to go up to 120%
of their applicable FMR. PHAs must revert to the basic range for FY 2023 FMRs unless the PHA
requests and HUD approves an additional exception payment standard waiver under 24 CFR
5.110 or 24 CFR 982.503, as applicable.
Using regulatory waiver authority provided in 5.110, HUD will allow for a waiver of
982.503(b)(1)(i) and will establish an alternative requirement to allow the PHA to establish a
payment standard amount for a unit size at any level between 90 percent and 120 percent (as
opposed to 110 percent) of the published FMR or Small Area Fair Market Rent (SAFMR) for
that unit size.
Furthermore, HUD will allow for a waiver of 982.503(b)(1)(iii) and will establish an alternative
requirement to provide that a PHA that is not in a designated SAFMR area or has not opted to
voluntarily implement SAFMRs under 24 CFR 888.113(c)(3) may establish exception payment
standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD
published SAFMRs. The PHA may establish an exception payment standard up to 120 percent
(as opposed to 110 percent) of the HUD published SAFMR for that ZIP code area.
If the PHA intends to establish payment standards based on SAFMR when exercising this FMR
waiver, and is not in a designated SAFMR are, was not previously approved as an opt-in
SAFMR PHA, or did not previously notify HUD of their use of SAFMR exception payment
standards, the PHA must follow the instruction in PIH Notice 2018-01.
All rent reasonableness requirements at 982.507 apply to HCV units, regardless of whether the
PHA has established an alternative or exception payment standard. For this waiver, a PHA must
certify that it meets one of the following good cause reasons:
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(1) HUD FMR Area Determined to Have Significant Rental Market Fluctuations: The
PHA’s jurisdiction is in a FMR area identified by HUD to have significant rental market
fluctuations, where an increase in PHA’s payment standards up to 120 percent of the
FMR may help the PHA more quickly respond to local circumstances. HUD has posted
a list of such FMR areas. See the attached FMR area list.
(2) Utilization Rate: Lower than 98 percent for the current year-to-date or more than a five
percent reduction in utilization rate occurring between years 2019 and 2021. Utilization
rate is the higher of unit months leased divided by unit months available, or total HAP
spent divided by budget authority (including reserves).
(3) Timely Leasing of Vouchers: If less than 85 percent of the vouchers that the PHA has
issued in the last six months have leased.
Prior to submission of the waiver request, PHAs must determine the budgetary impacts on its
program and ensure they have the available budget authority to support increased payment
standards. PHAs are encouraged to use the “Payment Standard Tool” to help determine the
budgetary impacts.
6. General process for waiver requests (that are not expedited)
Pursuant to instructions included in Notice PIH 2018-16, PHAs may initiate regulatory waiver
requests with the appropriate Field Office. Each regulatory waiver request must identify the
regulation from which relief is sought and present a good cause justification pursuant to 24 CFR
5.110. PHAs can request many of the regulatory waivers that were offered in PIH Notice 2021-
14 (see Appendix). The general process for waiver requests is as follows:
(1) The PHA submits the request for a waiver with good cause justification pursuant to
24 CFR 5.110 to its Field Office
(2) The Field Office submits the request with its recommendation to HUD headquarters
(3) The PIH Program Office prepares a final determination for approval by its Assistant
Secretary; and
(4) PHAs receive the signed response to its waiver request by email.
7. For further information: Contact Tesia Irinyenikan, Office of Field Operations, Office of
Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street,
SW, Room 3180, Washington, DC 20410-5000, or email to PIH_Expedited_Waivers@hud.gov.
_____________/ s /________________
Dominique Blom
General Deputy Assistant Secretary
for Public and Indian Housing
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Appendix: Regulatory Waivers Not Subject to Expedited Processing
Regulation 24 CFR Summary of Flexibilities
24 CFR 5.233 PHAs are not subject to the mandatory EIV monitoring requirements.
24 CFR 5.801(d)(1) Extensions of financial reporting deadlines on uniform financial reporting
standards.
24 CFR 882.510 PHAs may delay the review and update of utility allowances for
Mainstream.
24 CFR 905.314(c) Total development costs (TDC) and hard construction cost limit raised to
allow approval of amounts above published TDC.
24 CFR 905.314(j) Allows for the use of force account labor for modernization activities in
certain circumstances.
24 CFR 982.158, The Form 50058 may be submitted within 90 days of its effective date
908.101 instead of 60 days.
24 CFR 960.202(c) Adoption of tenant selection policies without board approval.
24 CFR Resident council elections may be delayed.
964.130(a)(1)
24 CFR 965.302 Allows for delay in due dates of energy audits.
24 CFR 965.507 PHAs may delay updating the public housing utility allowance schedule.
24 CFR 966.5 Advance notice is not required for changes to project rules and regulations
except for policies related to tenant charges.
24 CFR 982.206(a) PHAs are not required to issue a public notice when opening and closing
waiting list allowing for an alternative process instead.
24 CFR Dwelling units may exceed the Housing Quality Standard, 1 bedroom or
982.401(d)(2) living/sleeping room for each 2 persons.
24 CFR 982.455 PHAs may extend the period from the last HAP payment before
automatically terminating the HAP contract.
24 CFR 982.517 (c) PHAs may delay updating HCV utility allowance schedules.
24 CFR 984.303(d) Provide for “good cause” justification for extensions to the Family Self-
Sufficiency (FSS) contract of participation, for causes related to COVID-19
pandemic.
24 CFR 982.305(c) PHAs must not pay HAP to the owner until the contract is executed;
although the HAP payments are provided for contracts not executed within
the required 60-days.
24 CFR 982.405(b), Provides for a suspension of the requirement for PHAs to conduct a quality
983.103(e)(3) control sampling of inspections.
24 CFR 982.54(a) Administrative Plan policies may be adopted without board approval subject
to informal adoption later.
24 CFR 983.211(a); PHAs may keep a PBV unit under contract for a period that extends beyond
983.258 180 from the last HAP, not to extend beyond a certain date.
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82 FR 5458, Allows PBV turnover units to be filled based on owner certification there are
HOTMA 101(a)(1) no life-threatening deficiencies and delays the full HQS inspection no later
than 1-year from the anniversary date of the owner certification.
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HUD FMR Area Determined to Have Significant Rental Market Fluctuations
1 Acadia Parish, LA HUD Metro FMR Area
2 Akron, OH MSA
3 Albany, GA MSA
4 Albuquerque, NM MSA
5 Allentown-Bethlehem-Easton, PA HUD Metro FMR Area
6 Altoona, PA MSA
7 Anchorage, AK HUD Metro FMR Area
8 Anderson, IN HUD Metro FMR Area
9 Anniston-Oxford-Jacksonville, AL MSA
10 Anson County, NC HUD Metro FMR Area
11 Asheville, NC HUD Metro FMR Area
12 Athens-Clarke County, GA MSA
13 Atlanta-Sandy Springs-Roswell, GA HUD Metro FMR Area
14 Atlantic City-Hammonton, NJ MSA
15 Augusta-Richmond County, GA-SC HUD Metro FMR Area
16 Austin-Round Rock, TX MSA
17 Baker County, FL HUD Metro FMR Area
18 Bakersfield, CA MSA
19 Battle Creek, MI MSA
20 Beaufort County, SC HUD Metro FMR Area
21 Bend-Redmond, OR MSA
22 Billings, MT HUD Metro FMR Area
23 Bloomington, IL MSA
24 Boise City, ID HUD Metro FMR Area
25 Bond County, IL HUD Metro FMR Area
26 Box Elder County, UT HUD Metro FMR Area
27 Bremerton-Silverdale, WA MSA
28 Brunswick, GA MSA
29 Burlington, NC MSA
30 Butte County, ID HUD Metro FMR Area
31 Butts County, GA HUD Metro FMR Area
32 Callaway County, MO HUD Metro FMR Area
33 Camden County, NC HUD Metro FMR Area
34 Campbell County, TN HUD Metro FMR Area
35 Cape Coral-Fort Myers, FL MSA
36 Cape Girardeau, MO-IL MSA
37 Chambers County, AL
38 Charleston-North Charleston, SC MSA
39 Charlotte-Concord-Gastonia, NC-SC HUD Metro FMR Area
40 Chattanooga, TN-GA MSA
41 Chester County, SC HUD Metro FMR Area
42 Chilton County, AL HUD Metro FMR Area
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HUD FMR Area Determined to Have Significant Rental Market Fluctuations
43 Clarendon County, SC HUD Metro FMR Area
44 Clarksville, TN-KY HUD Metro FMR Area
45 Cleveland, TN MSA
46 Coeur d'Alene, ID MSA
47 Colchester-Lebanon, CT HUD Metro FMR Area
48 Colorado Springs, CO HUD Metro FMR Area
49 Columbia, SC HUD Metro FMR Area
50 Cooper County, MO HUD Metro FMR Area
51 Cotton County, OK HUD Metro FMR Area
52 Craven County, NC HUD Metro FMR Area
53 Crestview-Fort Walton Beach-Destin, FL HUD Metro FMR Area
54 Cumberland, MD-WV MSA
55 Dallas County, MO HUD Metro FMR Area
56 Daphne-Fairhope-Foley, AL MSA
57 Davidson County, NC HUD Metro FMR Area
58 Deltona-Daytona Beach-Ormond Beach, FL HUD Metro FMR Area
59 Dover, DE MSA
60 Durham-Chapel Hill, NC HUD Metro FMR Area
61 East Stroudsburg, PA MSA
62 Easton-Raynham, MA HUD Metro FMR Area
63 Elkhart-Goshen, IN MSA
64 Elmira, NY MSA
65 Falls County, TX HUD Metro FMR Area
66 Fayette County, WV HUD Metro FMR Area
67 Fayetteville, NC HUD Metro FMR Area
68 Flagstaff, AZ MSA
69 Flint, MI MSA
70 Fort Lauderdale, FL HUD Metro FMR Area
71 Fort Wayne, IN MSA
72 Franklin County, VA HUD Metro FMR Area
73 Fresno, CA MSA
74 Fulton County, IL HUD Metro FMR Area
75 Gainesville, GA MSA
76 Gates County, NC HUD Metro FMR Area
77 Gem County, ID HUD Metro FMR Area
78 Gettysburg, PA MSA
79 Goldsboro, NC MSA
80 Grady County, OK HUD Metro FMR Area
81 Grand Rapids-Wyoming, MI HUD Metro FMR Area
82 Greensboro-High Point, NC HUD Metro FMR Area
83 Hanford-Corcoran, CA MSA
84 Haralson County, GA HUD Metro FMR Area
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HUD FMR Area Determined to Have Significant Rental Market Fluctuations
85 Harnett County, NC HUD Metro FMR Area
86 Harrisburg-Carlisle, PA MSA
87 Harrisonburg, VA MSA
88 Haywood County, NC HUD Metro FMR Area
89 Hickory-Lenoir-Morganton, NC MSA
90 Hillsborough County, NH (part) HUD Metro FMR Area
91 Hinesville, GA HUD Metro FMR Area
92 Hoke County, NC HUD Metro FMR Area
93 Holland-Grand Haven, MI HUD Metro FMR Area
94 Howard County, MO HUD Metro FMR Area
95 Hudspeth County, TX HUD Metro FMR Area
96 Huntington County, IN
97 Huntsville, AL MSA
98 Iberia Parish, LA HUD Metro FMR Area
99 Idaho Falls, ID HUD Metro FMR Area
100 Ionia County, MI HUD Metro FMR Area
101 Iredell County, NC HUD Metro FMR Area
102 Jackson, MI MSA
103 Jacksonville, FL HUD Metro FMR Area
104 Jacksonville, NC MSA
105 Jefferson City, MO HUD Metro FMR Area
106 Johnstown, PA MSA
107 Jones County, NC HUD Metro FMR Area
108 Kershaw County, SC HUD Metro FMR Area
109 Killeen-Temple, TX HUD Metro FMR Area
110 King and Queen County, VA HUD Metro FMR Area
111 Kingsport-Bristol-Bristol, TN-VA MSA
112 Kingston, NY MSA
113 Knoxville, TN HUD Metro FMR Area
114 Lafayette, LA HUD Metro FMR Area
115 Lake Havasu City-Kingman, AZ MSA
116 Lakeland-Winter Haven, FL MSA
117 Lamar County, GA HUD Metro FMR Area
118 Lampasas County, TX HUD Metro FMR Area
119 Lancaster County, SC HUD Metro FMR Area
120 Las Vegas-Henderson-Paradise, NV MSA
121 Lima, OH MSA
122 Lincoln County, GA HUD Metro FMR Area
123 Lincoln County, NC HUD Metro FMR Area
124 Lincoln County, OK HUD Metro FMR Area
125 Logan, UT-ID MSA
126 Long County, GA HUD Metro FMR Area
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HUD FMR Area Determined to Have Significant Rental Market Fluctuations
127 Macon County, TN HUD Metro FMR Area
128 Macon-Bibb County, GA HUD Metro FMR Area
129 Macoupin County, IL HUD Metro FMR Area
130 Manchester, NH HUD Metro FMR Area
131 Marshall County, MS HUD Metro FMR Area
132 Matanuska-Susitna Borough, AK HUD Metro FMR Area
133 Maury County, TN HUD Metro FMR Area
134 Memphis, TN-MS-AR HUD Metro FMR Area
135 Meriwether County, GA HUD Metro FMR Area
136 Miami-Miami Beach-Kendall, FL HUD Metro FMR Area
137 Michigan City-La Porte, IN MSA
138 Midland, MI MSA
139 Mobile, AL HUD Metro FMR Area
140 Moniteau County, MO HUD Metro FMR Area
141 Monroe County, GA HUD Metro FMR Area
142 Montcalm County, MI HUD Metro FMR Area
143 Morgan County, GA HUD Metro FMR Area
144 Morgan County, TN HUD Metro FMR Area
145 Muncie, IN MSA
146 Muskegon, MI MSA
147 Myrtle Beach-North Myrtle Beach-Conway, SC HUD Metro FMR Area
148 Naples-Immokalee-Marco Island, FL MSA
149 Nashua, NH HUD Metro FMR Area
150 New Bedford, MA HUD Metro FMR Area
151 New Haven-Meriden, CT HUD Metro FMR Area
152 Newport-Middleton-Portsmouth, RI HUD Metro FMR Area
153 North Port-Sarasota-Bradenton, FL MSA
154 Norwich-New London, CT HUD Metro FMR Area
155 Ocala, FL MSA
156 Oconto County, WI HUD Metro FMR Area
157 Ogden-Clearfield, UT HUD Metro FMR Area
158 Okmulgee County, OK HUD Metro FMR Area
159 Oktibbeha County, MS
160 Orlando-Kissimmee-Sanford, FL MSA
161 Ottawa County, OH HUD Metro FMR Area
162 Palm Bay-Melbourne-Titusville, FL MSA
163 Palm Coast, FL HUD Metro FMR Area
164 Pamlico County, NC HUD Metro FMR Area
165 Parke County, IN HUD Metro FMR Area
166 Pawnee County, OK HUD Metro FMR Area
167 Peach County, GA HUD Metro FMR Area
168 Pender County, NC HUD Metro FMR Area
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HUD FMR Area Determined to Have Significant Rental Market Fluctuations
169 Pensacola-Ferry Pass-Brent, FL MSA
170 Phoenix-Mesa-Scottsdale, AZ MSA
171 Polk County, MO HUD Metro FMR Area
172 Port St. Lucie, FL MSA
173 Providence-Fall River, RI-MA HUD Metro FMR Area
174 Punta Gorda, FL MSA
175 Putnam County, IN HUD Metro FMR Area
176 Raleigh County, WV HUD Metro FMR Area
177 Raleigh, NC MSA
178 Reading, PA MSA
179 Reno, NV MSA
180 Riverside-San Bernardino-Ontario, CA MSA
181 Roane County, TN HUD Metro FMR Area
182 Rockingham County, NC HUD Metro FMR Area
183 Rowan County, NC HUD Metro FMR Area
184 Sacramento--Roseville--Arden-Arcade, CA HUD Metro FMR Area
185 San Diego-Carlsbad, CA MSA
186 Santa Fe, NM MSA
187 Savannah, GA MSA
188 Scranton--Wilkes-Barre, PA MSA
189 Sharon, PA HUD Metro FMR Area
190 Sierra Vista-Douglas, AZ MSA
191 Smith County, TN HUD Metro FMR Area
192 Spokane, WA HUD Metro FMR Area
193 Springfield, MO HUD Metro FMR Area
194 St. Louis, MO-IL HUD Metro FMR Area
195 Stevens County, WA HUD Metro FMR Area
196 Stewart County, TN HUD Metro FMR Area
197 Stockton-Lodi, CA MSA
198 Sullivan County, IN HUD Metro FMR Area
199 Sumter, SC HUD Metro FMR Area
200 Tampa-St. Petersburg-Clearwater, FL MSA
201 Tate County, MS HUD Metro FMR Area
202 Taunton-Mansfield-Norton, MA HUD Metro FMR Area
203 Teller County, CO HUD Metro FMR Area
204 Toledo, OH HUD Metro FMR Area
205 Tucson, AZ MSA
206 Tunica County, MS HUD Metro FMR Area
207 Tyler, TX MSA
208 Vermilion Parish, LA HUD Metro FMR Area
209 Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area
210 Visalia-Porterville, CA MSA
5
HUD FMR Area Determined to Have Significant Rental Market Fluctuations
211 Waco, TX HUD Metro FMR Area
212 Wakulla County, FL HUD Metro FMR Area
213 Walton County, FL HUD Metro FMR Area
214 Warner Robins, GA HUD Metro FMR Area
215 Warren County, NJ HUD Metro FMR Area
216 Washington County, AL HUD Metro FMR Area
217 Waterbury, CT HUD Metro FMR Area
218 Weirton-Steubenville, WV-OH MSA
219 Wenatchee, WA MSA
220 West Palm Beach-Boca Raton, FL HUD Metro FMR Area
221 Westerly-Hopkinton-New Shoreham, RI HUD Metro FMR Area
222 Wheeling, WV-OH MSA
223 Wilmington, NC HUD Metro FMR Area
224 Winston-Salem, NC HUD Metro FMR Area
225 Yates County, NY HUD Metro FMR Area
226 York-Hanover, PA MSA
227 Yuma, AZ MSA
6
PIH Notice 2021-34, issued December 9, 2021, establishes a framework through which Public Housing Agencies (PHAs) could request expedited HUD review of certain regulatory waivers originally created under the CARES Act, as pandemic-related flexibilities were set to expire on December 31, 2021. The notice identifies three categories of program flexibility: those requiring no waiver at all, those eligible for an expedited approval process (including payment standard adjustments up to 120 percent of the Fair Market Rent), and those subject to the standard, non-expedited waiver process. Waiver approvals under the expedited track were capped at December 31, 2022, and required PHAs to demonstrate good cause, such as staffing shortfalls, increased vacancy, or disruptions caused by pandemic-related supply chain issues.
Plain English — not legal advice.
Owners and managers participating in the Housing Choice Voucher or Public Housing programs should be aware that PIH Notice 2021-34 governed the transition away from CARES Act regulatory flexibilities and shaped how PHAs administered their programs through 2022. Because payment standards—including exception payment standards up to 120 percent of the FMR under item (5) of Table 1—were subject to PHA waiver requests under this notice, operators generally track their local PHA's approved payment standards to understand the subsidy amounts applicable to their units. Landlords participating in HCV programs are also reminded that rent reasonableness requirements under 24 CFR 982.507 continued to apply regardless of any payment standard waiver a PHA may have obtained under this notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Public Housing or Housing Choice Voucher households should know that PIH Notice 2021-34 allowed PHAs to seek continued flexibility in program administration during pandemic recovery, including the possibility of higher payment standards that could expand the range of units accessible with a voucher. If a PHA obtained a waiver under this notice—for example, an extension of voucher search time under item (3) of Table 1—that approval would have been reflected in how the PHA administered your voucher during the covered period. Tenants who believe their PHA did not properly apply available flexibilities under PIH Notice 2021-34 may consider contacting their local PHA directly, reaching out to the HUD field office, or consulting a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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