HUD PIH Notice § 2022-30

                                 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                WASHINGTON, DC 20410-5000


OFFICE OF PUBLIC AND INDIAN HOUSING


SPECIAL ATTENTION OF:                               NOTICE PIH 2022-30

Office Directors of Public Housing;                 Issued: September 26, 2022
Regional Directors; Public Housing
Agencies                                            Expires: This notice remains in effect until
                                                    amended, superseded or rescinded.

                                                    Cross References: Notices PIH 2022-09; PIH 2022-
                                                    04; 2021-34; 2021-14; PIH 2018-16; and 82 FR
                                                    5458 (January 18, 2017).


Subject: Extension of Certain Regulatory Waivers for the Housing Choice Voucher (including
Mainstream) Program and Streamlined Review Process.

1. Purpose

This Notice provides for the extension of currently approved regulatory waivers for (1)
increasing the payment standard during the HAP contract term and (2) new payment standard
amounts through December 31, 2023. This Notice includes regulatory waivers specifically
related to assisting PHAs in responding to ongoing fluctuations and disruptions in the rental
market by providing more flexibility with establishing and applying payment standards.

PHAs must use the process set forth in this Notice to extend certain existing approved waivers or
to submit new waiver requests and justification of good cause to trigger the streamlined HUD
review. HUD has developed a streamlined process to respond to these waiver requests in
accordance with Section 106 of the Department of Housing and Urban Development Reform Act
of 1989. The use of streamlined review only applies to waivers explicitly stated in Section 4 of
this notice.

Waiver extension requests must be received by end of day on December 31, 2022. New
streamlined waiver requests under this Notice must be received by end of day on September 30,
2023.

2. Background

In the context of the public health emergency, the CARES Act provided HUD with authority to
waive statutes and regulations (except for requirements related to fair housing, non-
discrimination, labor standards, and the environment) for the Housing Choice Voucher (HCV)
and Public Housing programs. These waivers provided PHAs with the flexibility to adjust
program practices where necessary so that they could prioritize mission critical functions. Most
CARES Act waivers and alternative requirements contained in Notice PIH 2021-14 (published
May 5, 2021) expired on December 31, 2021; specific previously exercised HCV waiver
approvals extended into 2022.


                                      www.hud.gov         espanol.hud.gov
Through subsequent PIH notices, HUD provided a streamlined process for PHAs requesting
certain regulatory waivers in order to provide continued flexibility to PHAs to respond to the
pandemic. While the submission deadlines for most of these waivers have expired, to assist
PHAs in managing ongoing challenges related to rental market fluctuations HUD extended the
streamlined waiver process for the two-payment standard related waivers, identified in the table
below, through September 30, 2022.


       Table 1. List of streamlined regulatory waivers.
       Item Waiver Name             Regulation       Summary of relief from
                                                     HUD requirements
       (1)    Increase in           982.505(c)(4)    PHAs have the option to increase the
              Payment Standard                       payment standard for the family at any
              During HAP                             time after the effective date of the
              Contract Term                          increase, rather than waiting for the
                                                     next regular reexamination.
       (2)    Voucher Tenancy:      982.503(b)       PHAs may establish payment standards
              New Payment                            from 111 to 120 percent of the
              Standard Amount                        applicable FMR.

With respect to PHAs that already requested and received HUD approval for one or both of these
waivers, the waiver(s) expire no later than December 31, 2022. To receive an extension of one
or both of the previously approved waivers that is not yet expired, PHAs must submit an email to
HUD certifying that the good cause reasons justifying their waiver(s) still exist (see Section 3
below). Upon receipt of that email, the PHA’s waiver(s) will be extended until December 31,
2023. This extension will allow those PHAs to choose to continue to operate under their current
waiver(s) through calendar year 2023.

In accordance with PIH Notice 2022-09, PHAs may submit streamlined waiver requests of
982.303(b)(1) to grant families one or more extensions of the initial voucher term regardless of
the policy described in the Administrative Plan provided the request is received by HUD on or
before September 30, 2022. However, this waiver is no longer eligible for the streamlined
waiver request process after September 30, 2022, as the comparatively low number of such
requests indicates most PHAs have been able to make the necessary adjustments to their
Administrative Plans. After September 30, 2022, a PHA that is still experiencing a problem in
this area may request a waiver of 982.303(b)(1) through the standard process described in PIH
Notice 2018-16 .

3. Process to Extend the Waivers – Increase in Payment Standard During HAP
Contract Term (982.505(c)(4) and New Payment Standard Amount (982.503(b))

HUD made available certain regulatory waivers under PIH Notices 2021-34, 2022-04, and 2022-
09. For PHAs that received waiver approvals under these notices, the waivers expire no later
than December 31, 2022. HUD is now making available a process for PHAs to receive an
extension of the following two waivers, provided the waiver has not yet expired, to continue
through December 31, 2023:

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       (1) a waiver of 982.505(c)(4) to permit the PHA to increase the payment standard for the
           family at any time after the effective date of the increase, rather than waiting for the
           next regular reexamination; and
       (2) a waiver of 982.503(b) to allow PHAs to establish payment standards from 111 to
           120 percent of the FMR.
              a. The FMR waiver payment standard extension is generally only applicable to
                   the FY 2023 FMRs. However, PHAs with a pending FMR reevaluation who
                   are required to continue to use the FY 2022 FMRs may use this waiver
                   extension to go up to 120% of their applicable FMR.

PHAs that received approval for either of these waivers that wish to exercise the waiver(s)
through December 31, 2023, must request the extension via an email to HUD. To ensure
streamlined processing, PHAs should email its extension request 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: Regulatory Waiver Extension Request, [PHA name and
        code].
    (2) PHA business address and name and email for point of contact.
    (3) Clear identification of the waiver(s) being requested for extension, which would
        include one or both of the following:
               982.505(c)(4) to permit the PHA to increase the payment standard for the
                  family at any time after the effective date of the increase, rather than waiting
                  for the next regular reexamination; and/or
               982.503(b) to allow PHAs to establish payment standards from 111 to 120
                  percent of the applicable FMR.
    (4) Certification that the good cause justifications the PHA provided in its original waiver
        request to HUD still exist and that the original waiver has not expired.

Following submission, PIH will reply via email confirming that the request has been received.
Upon review, PIH will reply via email whether the extension has been approved.

Regulatory waiver extension requests must be received no later than December 31, 2022. PHAs
that do not submit by the deadline or submitted after their previously approved waiver expired,
must follow the process in Section 4.


4. Regulatory Waivers Eligible for Streamlined Processing

Using regulatory waiver authority provided in 24 CFR 5.110, HUD will consider requests to
approve regulatory waivers listed in Table 1 above based on a PHA’s statement of good cause.
Requests must be received by HUD on or before September 30, 2023, to receive streamlined
processing.

Additional Information – Waiver (2) Voucher Tenancy: New Payment Standard Amount



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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, for PHAs that are not in a designated SAFMR area or have not opted to voluntarily
implement SAFMRs under 24 CFR 888.113(c)(3), HUD will allow for a waiver of
982.503(b)(1)(iii) and will establish an alternative requirement to provide 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 (a) not in a designated SAFMR area and (b) was not previously approved as an
opt-in SAFMR PHA; or (c) did not previously notify HUD of their use of SAFMR exception
payment standards, then 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.

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 2023 FMRs.
However, PHAs with a pending FMR reevaluation who are required to continue to use the FY
2022 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 2024 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.

5. Good Cause for Streamlined Regulatory Waiver Requests

A PHA must include justification of good cause in its waiver request. The good cause
justification must include (a) why a PHA needs the 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, 2023. HUD may provide a shorter timeframe or other conditions as a part
of an approval. PHAs must demonstrate a good cause justification to receive approval of the
waiver.

Included below are some examples of good cause for waiver (1) increase in payment standard
during HAP contract term:

          Increases in family rent burdens.
          Potential negative impacts to tenants or the onset of housing instability.

For waiver (2) voucher tenancy: new payment standard amount, 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 at the end of this Notice.
   (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 for its waiver (2) request, the PHA 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. Instructions for Submitting Streamlined Regulatory Waiver Requests

This section explains the process for submitting streamlined 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 streamlined 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:

    (5) An email subject line of: “Streamlined Regulatory Waiver Request, [PHA name and
        code]”.
    (6) Body of email should include:
           PHA business address and name and email for point of contact.
           Name and Regulation from Table 1 of the waiver(s) being requested.
           A PHA-specific justification for the waiver(s) that shows good cause.
           Requested duration of the waiver(s).

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.

PHAs may continue to request other regulatory waivers as necessary to operate its HCV
program; however, they will not be subject to the streamlined process. PHA waivers submitted
under the streamlined process in this Notice should not be combined with waivers submitted
under the standard process described in PIH Notice 2018-16.

7. For further information: Contact Alison Bell, Housing Voucher Management and
Operations Division, Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street, SW, Room 4214, Washington, DC 20410-5000, or email to
PIH_Expedited_Waivers@hud.gov.

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_____________________________
Dominique Blom
General Deputy Assistant Secretary
 for Public and Indian Housing




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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

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  HUD FMR Area Determined to Have Significant Rental Market
                          Fluctuations
40 Chattanooga, TN-GA MSA
41 Chester County, SC HUD Metro FMR Area
42 Chilton County, AL HUD Metro FMR Area
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

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   HUD FMR Area Determined to Have Significant Rental Market
                              Fluctuations
 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
 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

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   HUD FMR Area Determined to Have Significant Rental Market
                             Fluctuations
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
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
    Myrtle Beach-North Myrtle Beach-Conway, SC HUD Metro FMR
147 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

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   HUD FMR Area Determined to Have Significant Rental Market
                             Fluctuations
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
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

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   HUD FMR Area Determined to Have Significant Rental Market
                             Fluctuations
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
    Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR
209 Area
210 Visalia-Porterville, CA MSA
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




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