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 |
|
|
|
