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COVID-19 Statutory and Regulatory Waivers
Item: PH and HCV-2 Family Income and Composition: Delayed Annual Examinations
Statutory Authority Section 3(a)(1)
Regulatory Authority §§ 982.516(a)(1), 960.257(a)
- Permits the PHA to delay the annual reexamination of income and family composition
- HCV PHAs must implement HCV-7 for impacted families if they implement this waiver
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH and HCV-3 Family Income and Composition: Annual Examination; Income Verification Requirements
Regulatory Authority §§ 5.233(a)(2), 960.259(c), 982.516(a)
Sub-regulatory Guidance PIH Notice 2018-18
- Waives the requirements to use the income hierarchy, including the use of EIV, and will allow PHAs to consider self certification as the highest form of income verification
- PHAs that implement this waiver will be responsible for addressing material income discrepancies that may arise later
Availability Period Ends: 12/31/20
Date of PHA Adoption: 4/15/20
Item: PH and HCV-4 Family Income and Composition: Interim Examinations
Statutory Authority Section 3(a)(1)
Regulatory Authority §§ 5.233(a)(2), 982.516(c)(2), 960.257(a), (b) and (d), 960.259(c)
Sub-regulatory Guidance PIH Notice 2018-18
- Waives the requirement to use the income verification requirements, including the use of EIV, for interim reexaminations
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH and HCV-5 Enterprise Income
Verification (EIV) Monitoring
Regulatory Authority § 5.233
Sub-regulatory Guidance PIH Notice 2018-18
- Waives the mandatory EIV monitoring requirements.
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH and HCV-7 Waiting List: Opening and Closing; Public Notice
Regulatory Authority § 982.206(a)(2)
Sub-regulatory Guidance PIH Notice 2012-34
- Waives public notice requirements for opening and closing waiting list
- Requires alternative process
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HQS-5 HQS Inspection Requirement: Biennial Inspections
Statutory Authority Section 8(o)(D)
Regulatory Authority §§ 982.405(a), 983.103(d)
- Allows for delay in biennial inspections
- All delayed biennial inspections must be completed as soon as reasonably possible but by no later than 1 year after the date on which the biennial inspection would have been required absent the waiver.
Availability Period Ends: 10/31/20. 1 year after the date on which the biennial inspection would have been required absent the waiver
Date of PHA adoption: 4/15/20
Item: HQS-6 HQS Interim Inspections
Regulatory Authority § 983.103(c)
- Allows for PBV turnover units to be filled based on owner certification there are no life-threatening deficiencies
- Allows for delayed full HQS inspection NLT than 1-year anniversary of date of owner’s certification.
Availability Period Ends: 12/31/20. 1-year anniversary of date of owner’s certification
Date of PHA adoption: 4/15/20
Item: HQS-9 HQS Quality Control Inspections
Regulatory Authority §§ 982.405(b), 983.103(e)(3)
Provides for a suspension of the requirement for QC sampling inspections
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HQS-10 Housing Quality Standards: Space and Security
Regulatory Authority § 982.401(d)
Waives the requirement that each dwelling unit have at least 1 bedroom or living/sleeping room for each 2 persons.
Remains in effect one year from lease term or date of this Notice, whichever is longer.
Date of PHA adoption: 4/15/20
Item: HCV-1 Administrative Plan
Regulatory Authority § 982.54(a)
- Establishes an alternative requirement that policies may be adopted without board approval
- Any provisions adopted informally must be adopted formally NLT December 31, 2020
Availability Period Ends: 9/30/20. 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-2 Information When Family is Selected: PHA Oral Briefing
Regulatory Authority §§ 982.301(a)(1), 983.252(a)
- Waives the requirement for an oral briefing
- Provides for alternative methods to conduct required voucher briefing
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-3 Term of Voucher: Extensions of Term
Regulatory Authority § 982.303(b)(1)
- Allows PHAs to provide voucher extensions regardless of current PHA policy
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-4 PHA Approval of Assisted Tenancy: When HAP Contract is Executed
Regulatory Authority § 982.305(c)
- Provides for HAP payments for contracts not executed within 60 days
- PHA must not pay HAP to owner until HAP contract is executed
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-5 Absence from Unit
Regulatory Authority § 982.312
- Allows for PHA 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
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-6 Automatic Termination of HAP Contract
Regulatory Authority § 982.455
- Allows PHA to extend the period of time after the last HAP payment
- is made before the HAP contract terminates automatically.
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-8 Utility Allowance Schedule: Required Review and Revision
Regulatory Authority § 982.517
- Provides for delay in updating utility allowance schedule
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: HCV-14 Mandatory Removal of Unit from PBV HAP Contract
Regulatory Authority §§ 983.211(a); 983.258
- Allows a PHA to keep a PBV unit under contract for a period of time that extends beyond 180 from the last HAP but does not extend beyond December 31, 2020
Availability Period Ends: 12/31/20
Date of PHA adoption: 7/7/20
Item: PH-1 Fiscal Closeout of Capital Grant Funds
Regulatory Authority § 905.322(b)
- Extension of deadlines for ADCC and AMCC
Availability Period Ends: varies by PHA
Date of PHA adoption: 4/15/20
Item: PH-2 Total Development Costs
Regulatory Authority § 905.314(c) - (d)
- Waives the TDC and HCC limits permitting approval of amounts in excess of published TDC by 25% to 50% on a case by case basis
Availability Period Ends: Applies to development proposals submitted to HUD no later than December 31, 2021
Date of PHA adoption: 4/15/20
Item: PH-4 ACOP: Adoption of Tenant Selection Policies
Regulatory Authority § 960.202(c)(1)
- Establishes an alternative requirement that policies may be adopted without board approval
- Any provisions adopted informally must be adopted formally NLT December 31, 2020
Availability Period Ends: 9/30/20. 12/31/20
Date of PHA adoption: 4/15/20
Item: PH-5 Community Service and Self-Sufficiency Requirement (CSSR)
Statutory Authority Section 12(c)
Regulatory Authority §§ 960.603(a) and 960.603(b)
- Temporarily suspends CSSR
Availability Period Ends: 3/31/21
Date of PHA adoption: 4/15/20
Item: PH-6 Energy Audits
Regulatory Authority § 965.302
- Allows for delay in due dates of energy audits
Availability Period Ends: One year beyond 2020 audit deadline
Date of PHA adoption: 4/15/20
Item: PH-7 Over-Income Families
Statutory Authority Section 16(a)(5)
Sub-regulatory Guidance Housing Opportunity Through Modernization Act of 2016: Final Implementation of the Public Housing Income Limit 83 FR 35490, Notice PIH 2019-11
- Changes to timeframes for determination of over-income
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH-9 Review and Revision of Utility Allowance
Regulatory Authority § 965.507
- Provides for delay in updating utility allowance schedule
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH-10 Tenant Notifications for Changes to Project Rules and Regulations
Regulatory Authority § 966.5
- Advance notice not required except for policies related to tenant charges
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH-11: Designated Housing Plan Renewals
Statutory Authority: Section 7(f)
- Extends the Plan’s effective period through December 31, 2020, for Plans due to expire between the date of this Notice and December 31, 2020.
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: PH-12: Public Housing Agency Annual Self-Inspections
Statutory Authority: Section 6(f)(3)
Regulatory Authority: § 902.20(d)
- Waives the requirement that the PHA must inspect each project
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: 11a PHAS
Regulatory Authority 24 CFR Part 902
- Allows for alternatives related to inspections
- PHA to retain prior year PHAS score unless requests otherwise
Availability Period Ends: HUD will resume issuing new PHAS scores starting with PHAs with FYE dates of 3/31/21
Date of PHA adoption: 4/15/20
Item: 11b SEMAP
Regulatory Authority 24 CFR Part 985
- PHA to retain prior year SEMAP score unless requests otherwise
Availability Period Ends: HUD will resume issuing new SEMAP scores starting with PHAs with FYE dates of 3/31/21
Date of PHA adoption: 4/15/20
Item: 12a PHA Reporting Requirements on HUD Form 50058
Regulatory Authority 24 CFR Part 908, § 982.158
Sub-regulatory Guidance PIH Notice 2011-65
- Waives the requirement to submit 50058 within 60 days
- Alternative requirement to submit within 90 days of the effective date of action
Availability Period Ends: 12/31/20
Date of PHA adoption: 4/15/20
Item: 12c Extension of Deadline for 12c Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds
Statutory Authority Section 9(j)
Regulatory Authority § 905.306(d)(5)
- Provides a one-year extension
Availability Period Ends: For all open Capital Fund grants, one-year extension from the obligation and expenditure end dates in LOCCS as of April 10, 2020
Date of PHA adoption: 4/15/20