COVID-19 Waivers

831 S. Nevada Ave, Colorado Springs, CO 80903

Phone: (719) 387-6700 | Fax: 719-632-7807 | info@csha.us

Providing Affordable Housing in the Pikes Peak Region

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