To: MCHA and CGHA Board of Directors

From: Joel Madsen, Executive Director

Subject: HUD Waiver Extensions – PIH Notice 2020-33

Date: December 14th, 2020

 

 

The chart to follow summarizes the waivers authorized under PIH Notice 2020-33 and the availability period for each. Staff recommends the Board authorize use of the waivers as presented below.

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

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), Section 5A(h)(2)

 

Regulatory Authority

§§ 903.5(a)(3), 903.5(b)(3), 903.13(c), 903.21, 903.23

·         Alternative dates for submission

·         Changes to significant amendment process

·         Varies based on FYE

·         12/31/20

Yes 04/14/2020
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

·         Waives the requirement to use the income verification requirements, including the use of EIV, for interim reexaminations ·         6/30/21 Yes 04/14/2020

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

  Notice PIH 2018-18        
PH and HCV-5 Enterprise Income Verification (EIV) Monitoring Regulatory Authority

§ 5.233

 

Sub-regulatory Guidance Notice PIH 2018-18

·         Waives the mandatory EIV monitoring requirements ·         6/30/21 Yes 04/14/2020
PH and HCV-6 Family Self- Regulatory Authority

§ 984.303(d)

·         Provides for extensions to FSS contract of participation ·         6/30/21 Yes 04/14/2020
Sufficiency (FSS)
Contract of
Participation: Contract
Extension
HQS-1

Initial Inspection Requirements

Statutory Authority Section 8(o)(8)(A)(i), Section 8(o)(8)(C) ·         Changes initial inspection requirements, allowing for owner certification that there are no life-threatening deficiencies

·         Where self-certification was used, PHA must inspect the unit no later than 1-year anniversary of date of owner’s certification

·         Will include reminder that HQS waiver does not include a waiver of

·         6/30/21 Yes 04/14/2020
 

Regulatory Authority

§§ 982.305(a), 982.305(b), 982.405

 

·         1-year anniversary of date of owner’s certification

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

    24 CFR 35.15, visual assessment for deteriorated paint      
HQS-2: Project-Based Voucher (PBV) Pre- HAP Contract Inspections: PHA Acceptance of Completed Units Statutory Authority: Section 8(o)(8)(A)

 

Regulatory Authority:

§§ 983.103(b),

983.156(a)(1)

·         Changes inspection requirements, allowing for owner certification that there are no life- threatening deficiencies

·         Where self-certification was used, PHA must inspect the unit no later than 1-year anniversary of date of owner’s certification

·         6/30/21

 

 

 

·         1-year anniversary of date of owner’s certification

Yes 04/14/2020
HQS-3

Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Option

Statutory Authority Section 8(o)(8)(A)(ii)

 

Sub-regulatory Guidance HOTMA HCV Federal Register Notice January 18, 2017

·         Allows for extension of up to 30 days for owner repairs of non-life threatening conditions ·         6/30/21 Yes 04/14/2020
HQS-4

HQS Initial Inspection Requirement: Alternative Inspection Option

Statutory Authority Section 8(o)(8)(A)(iii)

 

Sub-regulatory Guidance HOTMA HCV Federal

·         Under Initial HQS Alternative Inspection Option – allows for commencement of assistance payments ·         6/30/21 Yes 04/14/2020

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

  Register Notice January 18, 2017 based on owner certification there are no life-threatening deficiencies

·         Where self-certification was used, PHA must inspect the unit no later than 1-year anniversary of date of owner’s certification

 

 

 

·         1-year anniversary of date of owner’s certification

   
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

·         PHAs must require owner certification there are no life-threatening deficiencies

·         All delayed biennial inspections must resume by 6/30/21 and be completed by 12/31/21

·         6/30/21

 

 

·         12/31/21

Yes 04/14/2020
HQS-6

HQS Interim Inspections

Statutory Authority Section 8(o)(8)(F)

 

Regulatory Authority

§§ 982.405(g), 983.103(e)

·         Waives the requirement for the PHA to conduct interim inspection and requires alternative method ·         6/30/21 Yes 04/14/2020

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

    ·         Allows for repairs to be verified by alternative methods      
HQS-7

PBV Turnover Unit Inspections

Regulatory Authority

§ 983.103(c)

·         Allows 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

·         6/30/21 Yes 04/14/2020
 

 

·         1-year anniversary of date of owner’s certification

HQS-8: PBV HAP

Contract: HQS Inspections to Add or Substitute Units

Statutory Authority Section 8(o)(8)(A) ·         Allows for PBV units to be added or substituted in the HAP contract based on owner certification there are no life-threatening deficiencies

·         Allows for delayed full HQS inspection NLT 1- year anniversary of date of owner’s certification

·         6/30/21 Yes 04/14/2020
 

Regulatory Authority

§§ 983.207(a), 983.207(b)

 
Sub-regulatory Guidance HOTMA HCV Federal Register Notice January 18, 2017 ·         1-year anniversary of date of owner’s certification
HQS-9

HQS Quality Control

Regulatory Authority

§§ 982.405(b),

·         Provides for a suspension of the ·         6/30/21 Yes 04/14/2020
Inspections 983.103(e)(3)

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

    requirement for QC sampling inspections      
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 Yes 04/14/2020
HQS-11

Homeownership Option: Initial HQS Inspection

Statutory Authority Section 8(o)(8)(A)(i), Section 8(y)(3)(B) Regulatory Authority

§ 982.631(a)

·         Waives the requirement to perform an initial HQS inspection in order to begin making homeownership assistance payments

·         Requires family to obtain independent professional inspection

·         6/30/21 Yes 04/14/2020
HCV-1

Administrative Plan

Regulatory Authority

§ 982.54(a)

·         Establishes an alternative requirement that policies may be adopted without board approval until 3/31/21

·         Any provisions adopted informally must be adopted formally by 6/30/21

·         3/31/21

 

 

 

·         6/30/21

Yes 04/14/2020
HCV-2 Regulatory Authority ·         Waives the requirement ·         6/30/21 Yes 04/14/2020

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

Information When Family is Selected: PHA Oral Briefing §§ 982.301(a)(1), 983.252(a) for an oral briefing

·         Provides for alternative methods to conduct required voucher briefing

     
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 ·         6/30/21 Yes 04/14/2020
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

·         6/30/21 Yes 04/14/2020
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. ·         6/30/21 Yes 04/14/2020

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

HCV-8

Utility Allowance Schedule: Required Review and Revision

Regulatory Authority

§ 982.517

·         Provides for delay in updating utility allowance schedule ·         6/30/21 Yes 04/14/2020
HCV-9

Homeownership Option: Homeownership Counseling

Statutory Authority Section 8(y)(1)(D)

 

Regulatory Authority

§§ 982.630, 982.636(d)

·         Waives the requirement for the family to obtain pre-assistance counseling ·         6/30/21 Yes 04/14/2020
11b SEMAP Regulatory Authority 24 CFR Part 985 ·         PHA to retain prior year SEMAP score unless requests otherwise HUD will resume issuing new SEMAP scores starting with PHAs with FYE dates of 06/30/21 Yes 04/14/2020
11b-2 SEMAP Regulatory Authority

§ 985.101(a)

·         Waives the requirement 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 ·         6/30/21    

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

MS-1

Mainstream Initial Lease Term

Statutory Authority Section 8(o)(7)(A)

 

Regulatory Authority

§ 982.309(a)(2)(ii)

·         PHA may enter initial lease terms of less than one year regardless of whether the shorter lease term is a prevailing market practice ·         6/30/21    
MS-2

Mainstream Criminal Background Screening

Statutory Authority

42 U.S.C. 13663(a), 42

U.S.C. 13661

 

Regulatory Authority

§§ CFR 5.856, 982.553(a)

·         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 ·         6/30/21    
MS-3

Mainstream Age Eligibility to Enter HAP Contract Statutory Authority

Statutory Authority 42 U.S.C. 8013(k)(2) ·         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 ·         6/30/21    

 

 

Item Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends Did the PHA implement the waiver or alternative requirement? Date of PHA

adoption.

    effective date of the HAP Contract