[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71439-71445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29038]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5675-N-01]
Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs To Assist With Recovery and Relief in
Superstorm Sandy Disaster Areas
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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SUMMARY: This notice advises the public of HUD regulations and other
administrative requirements governing HUD's Office of Public and Indian
Housing (PIH) programs that have been waived in order to facilitate the
delivery of decent, safe, and sanitary housing under these programs to
families and individuals who have been displaced from their housing by
Superstorm Sandy. Entities that administer PIH programs, which include
public housing
[[Page 71440]]
agencies (PHAs), Indian and tribally designated housing entities
(TDHEs), and local and tribal governments, and are located in an area
declared by the President to be a federal disaster area as a result of
Superstorm Sandy, may defer compliance with the regulations and other
requirements listed in this notice for an initial period of 12 months
or such other period as may be specified in this notice, and must
provide notice to HUD of their decision to do so as described in
Section II.A. below. PIH program administrations not located within a
federal disaster area but assisting with Superstorm Sandy recovery and
relief may request to defer compliance with these regulations and other
requirements for the same period of time through the expedited waiver
process described in Section II.B. below.
This notice applies only to PIH programs or to cross-cutting
regulatory or administrative requirements that are applicable to PIH
program administrators.
DATES: November 15, 2012.
FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of
Policy Programs and Legislation, Office of Public and Indian Housing,
Department of Housing and Urban Development, 490 L'Enfant Plaza SW.,
Suite 2206, Washington, DC 20024, telephone number (202) 402-5774 or
(202) 402-5467. Persons with hearing or speech impairments may access
this number via TTY by calling the Federal Information Relay Service at
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
In late October 2012, Superstorm Sandy hit the east coast of the
United States, causing loss of life, significant damage to property,
and displacement of individuals and families from their homes and
communities. The President has called upon all federal agencies to do
everything in their power to assist the victims of Superstorm Sandy and
to eliminate or reduce ``red tape'' that will impede the delivery of
federal financial assistance and other needed benefits. To that end,
this notice identifies HUD regulations and other administrative
requirements governing HUD's PIH programs that may be waived or
temporarily suspended or deferred in an area declared by the President
to be a federal disaster area as a result of Superstorm Sandy
(``disaster area'') or for other PIH entities impacted by the storm or
providing assistance with Superstorm Sandy recovery and relief efforts.
HUD's Office of Public and Indian Housing (PIH) examined the
regulations governing PIH programs and recommended waiver or temporary
suspension or deferral of those regulations that the office believes
could impede PIH program administrators in their effort to
expeditiously assist with housing current PIH program participants who
lost housing as a result of Superstorm Sandy as well as others who now
need housing assistance under PIH programs as a result of the
Superstorm. For the majority of the regulations and administrative
requirements listed in this notice and for which a waiver may be
granted, HUD did not waive the requirements entirely but deferred
compliance until such time as compliance may be feasible; for example,
in many cases HUD extended deadlines for reports or other documents
that PIH program administrators must submit to HUD. HUD is relying on
its experienced partners in the HUD housing-assistance programs who are
in the front-line of recovery efforts to meet the challenge of
providing decent, safe, and sanitary housing as expeditiously as
possible and to comply to the extent possible with the regulations that
promote that goal. HUD does not want the time and resources of PHAs,
Indian tribes, and THDEs diverted by requirements that are important
but can be deferred until such time as a degree of normalcy in
operations returns to the disaster areas.
In addition to the waiver of regulatory requirements, some
statutory provisions contain built-in waiver provisions that allow
administrative waiver of the statutory requirements for cause. Certain
of those provisions are included in Section III.A of this notice.
This notice lists all HUD regulatory and administrative
requirements that PIH determined needed to be waived or temporarily
deferred or suspended during the Superstorm Sandy recovery period. If
PHAs, Indian tribes, TDHEs, or other PIH program administrators
identify other regulations that they believe should be waived, they
should seek a waiver by submitting a waiver request as specified in
Section II.C.
II. Waiver Process
A. For PIH Program Administrators in Declared Disaster Areas
PIH program administrators in the Superstorm Sandy disaster areas
may defer or suspend compliance with the regulations or other
administrative requirements upon the effective date of this notice, for
an initial period of 12 months or for such other period as may be
specified in this notice. These entities, however, should notify HUD
within two weeks of determination of the need to utilize the waived
requirements in this notice, or as soon as possible, by contacting HUD
in the manner detailed in the following paragraph.
An official of the PHA, TDHE, tribal or local government that seeks
the suspension of compliance with requirements listed in this notice
must contact HUD in writing (email communication is allowed) and
identify the requirements they have chosen to waive using the checklist
provided by HUD for this purpose. This checklist is available at http://portal.hud.gov/hudportal/HUD?src=/sandy. The instructions on the
checklist require the PHA, TDHE, tribal or local government to select
the desired provisions and to submit the completed checklist by email
to [email protected]. If you are a PHA, this email should
also include either the Field Office Public Housing Director or the
Program Center Coordinator as a recipient. For the Office of Native
American Program's (ONAP) grantees, this email should also be addressed
to [email protected]. This email notification process will
remain open for use for 75 days after the publication date of this
notice.
This is a notification process only, and HUD asks that this
notification be made to HUD before a PHA begins to rely on one or more
or all of the waived or suspended requirements in this notice. While,
as noted earlier, HUD does not want to impose additional administrative
requirements on PIH program administrators located in the disaster
areas during this period, it is important and helpful for HUD to know
how these entities are administering their PIH programs during the
recovery period. Thus, HUD has tried to make this notification process
as easy as possible. HUD will maintain information on the names of the
PHAs, Indian tribes, or TDHEs that have deferred compliance with
certain regulatory and administrative requirements in accordance with
this notice. The regulation or administrative requirement will remain
inapplicable for a period of 12 months, or for the period specified
below, and will be considered waived or suspended by HUD. If an
extension is necessary, this extension may be made available for an
additional three months upon notification to HUD following the same
notification process described above.
[[Page 71441]]
B. For PIH Program Participants in Non-Disaster Declared Areas
PIH program administrators that are not located in a Superstorm
Sandy disaster area but were impacted by the storm or are contributing
to relief and recovery efforts may request a waiver of the regulations
or administrative requirements listed below by sending the checklist
referenced in Section II.A. above to the [email protected]
email address. The submission must specify the need, including
justification, for the waiver of the requirement in the space provided.
Waiver requests submitted through this email address will receive
priority processing. This email notification process will remain open
for use for 75 days after the publication date of this notice.
C. Regulations and Requirements Not Waived in This Notice
Based on experience to date with Superstorm recovery efforts, PIH
believes that this notice contains a comprehensive list of waivers that
will assist with relief efforts. However, for any regulation or other
administrative requirement not listed for which a PIH program
administrator seeks waiver or suspension, the program administrator may
seek a waiver by sending a request to the [email protected]
email address. The request must specify the need, including
justification, for the waiver of the requirement. As noted earlier,
waiver requests submitted through this email address will receive
priority processing, and HUD will respond to the requestor by email.
The expedited waiver process is provided only for waiver or
suspension of requirements that will assist with the Superstorm Sandy
relief and recovery efforts. HUD will not respond to any waiver
requests submitted to this email address that are unrelated to relief
and recovery of the disaster areas. This email notification process
will remain open for use for 75 days after the publication date of this
notice.
III. Authority To Grant Waivers
Generally, waivers of HUD regulations are handled on a case-by-case
basis. Under statutory requirements set forth in section 7(q) of the
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)) and
its implementing regulations, 24 CFR 5.110,, a regulated party that
seeks a waiver of a HUD regulation must request a waiver from HUD in
writing and the waiver request must specify the need for the waiver.
HUD then responds to the request in writing and, if the waiver is
granted, HUD includes a summary of the waiver granted (and all
regulatory waivers granted during a three-month period) in a Federal
Register notice that is published quarterly. Since the damage to
property and the displacement of families and individuals in the
disaster areas is widespread, and the need for regulatory relief in
many areas pertaining to HUD-assisted housing is readily apparent, HUD
is suspending its usual regulatory waiver protocols for the disaster
areas and has substituted an expedited process that meets the
requirements of section 7(q) and 24 CFR 5.110.
In a quarterly notice of regulations waived, HUD will identify the
PIH program administrators in the disaster areas that are utilizing one
or more of the waived regulations in this notice or other regulations
for which a waiver was requested or granted. The quarterly notice will
also identify PIH program administrators located in non-federally
declared disaster areas that are either impacted by the storm or
contributing to Superstorm Sandy relief and recovery efforts that
requested and were granted waivers in accordance with the expedited
waiver process provided in this notice.
The regulatory and administrative requirements set forth in Section
III of this notice have been waived or temporarily deferred or
suspended as provided in this notice. This action was determined
necessary to assist PIH program administrators in the disaster areas in
facilitating the identification and delivery of housing for families
and individuals displaced from their homes by Superstorm Sandy. PIH
program administrators referenced in Section III of this notice (e.g.,
PHAs, TDHEs), even if, at times, not specifically described as PIH
program administrators located in a disaster area, refer only to
administrators located in disaster areas.
A. Statutory Requirements With Built-in Waiver Authority
1. Extension of Deadline for Obligation and Expenditure of Capital
Funds. Section 9(j)(2) of the U.S. Housing Act of 1937 (42 U.S.C.
1437g(j)(2)) (1937 Act) authorizes the Secretary to extend the time
period for obligation of Capital Funds by PHAs, as set forth in section
9(j)(1), for such period as the Secretary determines necessary if the
Secretary determines that the failure of the agency to obligate
assistance in a timely manner is attributable to, among other criteria
listed, an event beyond the control of the PHA, or any other reason
established by the Secretary by notice published in the Federal
Register. Pursuant to section 9(j)(1) of the 1937 Act, PHAs are
required to obligate Capital Funds not later than 24 months after the
date on which the funds became available, or the date on which the PHA
accumulates adequate funds to undertake modernization, substantial
rehabilitation, or new construction of units, plus the period of any
extension approved under section 9(j)(2). The occurrence of Superstorm
Sandy was beyond the control of the PHAs located in the disaster areas
and caused widespread destruction and displacement. Thus, all Capital
Fund Grants with undisbursed balances and FY 2013 Capital Fund Grants'
obligation deadlines under section 9(j)(1) of the 1937 Act, are hereby
extended pursuant to section 9(j)(2) of the 1937 Act an additional 12
months for PHAs located in the areas declared a federal disaster area
for all Capital Fund Grants with undisbursed balances that had not
reached the expenditure end date prior to Superstorm Sandy and for FY
2013 Capital Fund Grants. Capital Fund grants include Replacement
Housing Factor grants.
For Capital Fund grants whose obligation end date has been approved
for extension under section 9(j)(2), the expenditure period under
section 9(j)(5) is accordingly also extended in the affected areas for
12 months to include the extension approved under section 9(j)(2). The
extension of the section 9(j) obligation and extension deadlines made
in this notice also apply to the implementing regulation for section
9(j) at 24 CFR 905.120.
2. Waiver of ICDBG 50 Percent Downpayment Assistance Limitation for
Low- and Moderate-Income Homebuyers. Section 122 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5321) authorizes the
Secretary to suspend requirements for activities to address the damage
in a Presidentially declared disaster area. Section 105(a)(24)(D) of
the Housing and Community Development Act of 1974 (42 U.S.C. 5305)
permits a grantee to provide downpayment assistance to low- and
moderate-income homebuyers, but limits the assistance to 50 percent of
the amount of downpayment the homebuyer must provide. Because of the
extraordinary need for housing among low- and moderate-income evacuees,
HUD finds good cause to permit downpayment assistance of up to 100
percent for the purchase of homes in the disaster area.
3. Waiver of Indian Housing Plan (IHP) Submission Deadline. Section
101(b)(1) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
[[Page 71442]]
4111(b)(1)) requires that an Indian Housing Plans (IHP) must be
submitted by an Indian Housing Block Grant (IHBG) recipient no later
than 75 days prior to the start of the recipient's program year.
Section 101(b)(2) of NAHASDA authorizes HUD to waive the IHP submission
requirements Section 101(b)(1) for up to 90 days if the Secretary
determines that the recipient has not complied with, or is unable to
comply with, the IHP submission requirements due to exigent
circumstances beyond the control its control. HUD recognizes that
Superstorm Sandy has caused significant disruption in operations.
Because of the exigent circumstances created by Superstorm Sandy, HUD
finds good cause to extend the IHP submission deadline, for those
recipients impacted by Superstorm Sandy, by 90 days from the
recipient's original IHP submission deadline.
The chart provided below indicates when each IHP is due by calendar
quarter. If the IHP ``Sandy Waiver'' submission deadline falls on a
weekend or holiday, the IHP will be due on the working day immediately
after the weekend or holiday.
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Original IHP submission
Recipient program year deadline IHP submission ``Sandy waiver'' deadline
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April 1, 2013........................... January 17, 2013........... April 17, 2013.
July 1, 2013............................ April 17, 2013............. July 16, 2013.
October 1, 2013......................... July 18, 2013.............. October 16, 2013.
January 1, 2014......................... October 18, 2013........... January 16, 2014.
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4. Waiver of ICDBG 15 Percent (%) Cap on Public Services to assist
displaced individuals due to Superstorm Sandy. Section 105(a)(8) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8))
authorizes the use of ICDBG grant funds for public services, including
but not limited to those concerned with employment, crime prevention,
child care, and health. The Act sets a 15 Percent (%) per grant cap on
the amount of funds that can be spent on public services. Section 122
of the Act states that for funds designated by a grantee to address the
damage in areas where the President has declared a disaster under title
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 et seq), HUD may suspend all requirements except
for those related to public notice of funding availability,
nondiscrimination, fair housing, labor standards, and requirements that
activities benefit persons of low- and moderate-income (42 U.S.C.
5321).
In order to assist grantees in providing needed services to
individuals impacted by Superstorm Sandy, particularly displaced
individuals and households, ICDBG grantees may request that HUD suspend
the ICDBG 15 Percent (%) cap on public services. Upon the granting of
this waiver, ICDBG grantees may expend up to 100% of their ICDBG grant
funds on public services. This applies only to ICDBG funds designated
by a grantee to address Superstorm Sandy-related damage in the
Presidentially declared disaster areas.
B. Regulatory Requirements.
1. 24 CFR 5.512(c) (Verification of Eligible Immigration Status;
Secondary Verification). Section 5.512 provides the process by which
verification of eligible immigration status must be undertaken for
families seeking assistance under certain HUD programs. While the
declaration of eligibility and this verification process is required by
statute and cannot be waived, HUD does have the authority to waive
certain deadlines. Section 5.512(d) provides the time frame under which
a secondary verification must be requested of the Immigration and
Customs Enforcement (ICE), by the responsible entity when the primary
verification (the automated verification system) is not conclusive of
immigration status. The responsible entity must request ICE to
undertake a secondary verification within 10 days of receipt of the
results of the primary verification, and must provide the ICE with all
records on the applicant evidencing citizen or eligible immigration
status that the applicant has provided to the responsible entity. This
notice provides that the time frame under which a secondary
verification must be requested is expanded from 10 days of the date of
the results of the primary verification to 90 days from such date.
2. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting
Standards (UFRS); Reporting Due Date). These sections establish uniform
financial reporting standards for PHAs and other owners and
administrators of HUD-assisted housing. Section 5.801(c) establishes
the financial information requirements. Section 5.801(d)(1) establishes
the filing deadline for financial information and provides that PHAs
must submit their unaudited financial information no later than 60 days
after the end of their fiscal year. This deadline is changed from 60
days to 180 days after the end of the PHA's fiscal year for PHAs with
fiscal years ending September 30, 2012, December 31, 2012, March 31,
2013, and June 30, 2013. Section 5.801(d)(1) further requires that PHAs
submit their audited financial information no later than nine months
after the PHA's fiscal year end. For PHAs with fiscal years ending
March 31, 2012, June 30, 2012, September 30, 2012, and December 31,
2012, this deadline is changed from nine months to 13 months after the
end of the PHA's fiscal year. Although PHAs are still required to
submit unaudited and audited financial information pursuant to UFRS, as
more fully discussed in Section III.B.3 below, they will not be scored
under the Public Housing Assessment System (PHAS).
3. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part
902 sets out the indicators by which HUD measures the performance of a
PHA. The indicators measure a PHA's physical condition, financial
condition, management operations, and Capital Fund performance. For
PHAs in the areas declared a federal disaster area, beginning with
fiscal year end September 30, 2012, through and including fiscal year
end June 30, 2013, and with fiscal years ending March 31, 2012, and
June 30, 2012, that have not yet received their physical condition
inspections for fiscal year 2012, the PHAS score of record will be the
PHA's previous year PHAS score. All affected PHAs, however, are still
required to submit unaudited and audited information in accordance with
Section III.B.2. above.
4. 24 CFR 903.5 (Annual Plan Submission Deadline). Section 5A(h)(2)
of the 1937 Act (42 U.S.C. 1437c-1(h)(2)) and 24 CFR 903.5 provide that
a PHA Annual Plan must be submitted no later than 75 days before the
commencement of a PHA's fiscal year. Each PHA affected may have a
different fiscal year and for those PHAs that are approaching this
submission deadline, this requirement may be impossible to
[[Page 71443]]
meet because the PHAs are not operating. This requirement is a
statutory one and not waivable by HUD without further authority.
However, HUD will accept as a submission a letter from the PHA stating
that HUD should consider its existing annual plan to be the plan for
the next year or until it submits another annual plan. For Capital Fund
activities, PHAs may obligate their Capital Funds for any activity
listed in their existing and approved 5-year plan. PHAs should also
submit amendments to their 5-year plan to the extent necessary.
5. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development). Section 905.10 describes
the Capital Fund formula. Section 905.10(i) limits the use of
replacement housing funds to the development of new public housing.
This section is waived to allow all Capital Fund Replacement Housing
Factor Grants with undisbursed balances and FY 2013 Capital Fund
Replacement Housing Factor Grants to be used for two additional areas,
public housing modernization and homeownership for public housing
families. This waiver will help address housing needs as a result of
the displacement caused by Superstorm Sandy.
6. 24 CFR 941.306 (Maximum Project Cost). Section 941.306
establishes the calculation of maximum project cost and the calculation
of the total development cost. In order to facilitate the use of
Capital Funds for repairs and construction for needed housing in the
disaster areas, HUD has waived the total development cost (TDC) and
housing cost cap limits for all work funded by the Capital Fund
(Capital Fund Grants with undisbursed balances and FY 2013 Capital Fund
Grants; including Replacement Housing Factor Fund grants), Choice
Neighborhood, and HOPE VI funds until issuance of 2014 TDC levels.
Until 2014 TDC levels are issued, PHAs should strive to keep housing
costs reasonable given local market conditions.
7. 24 CFR 965.302 (Requirements for Energy Audits). This section
establishes the requirement that all PHAs complete an energy audit for
each PHA-owned project under management, not less than once every five
years. PHAs that are required to conduct or update an audit this year
are given an additional 12 months after September 30, 2012, to complete
the audit. HUD is relieving PHAs of this administrative burden so that
they may focus on the more urgent need to house impacted families.
8. 24 CFR 982.54 (Administrative Plan). This section provides that
a PHA must adopt a written administrative plan that establishes local
policies for the administration of the Housing Choice Voucher Program
in accordance with HUD requirements. In order to allow PHAs to exercise
maximum flexibility with program administration as a result of
Superstorm Sandy, the PHA may temporarily revise the administrative
plan to address unique circumstances without PHA Board of Commissioners
approval or other authorized PHA official approval if such Board or
officials also waive this requirement.
9. 24 CFR 982.206 (Waiting List; Opening and Public Notice). This
section requires a PHA to give the public notice that families may
apply for tenant-based assistance. The regulation requires a PHA to
publish a notice of the opening of the list in a local newspaper of
general circulation, and also by minority media and other suitable
means. The requirement to publish in a newspaper of general circulation
and also by minority media is waived, and a PHA may provide such
information on its Web site and at any of its offices and in a voice
mail message for any callers that may inquire whether a list is opened.
10. 24 CFR 982.401(d) (Housing Quality Standards: Space
Requirements). By regulation, section 982.401 establishes housing
quality standards. Section 982.401(d) provides, among other things, the
requirement for adequate space for the family. With respect to space,
this section provides that each dwelling unit must have at least one
bedroom or living/sleeping room for each two persons. The spacing
requirements of this section can be waived only if the family
understands and consents to a waiver of this provision. The waiver of
this regulation does not represent a long-term change but rather a
temporary suspension of requirements to address emergency needs.
11. 24 CFR 984.303 (Contract of Participation; Family Self-
Sufficiency (FSS) Program; Extension of Contract) and 24 CFR 984.105
(Minimum Program Size). Part 984 of HUD's regulations provide the
requirements for the Section 8 and Public Housing FSS Program. Section
984.303 sets out the requirements for the contract of participation and
section 984.303(d) allows for an extension of the FSS program for a
period not to exceed two years. For those families at the end of their
initial contract term, the two-year limitation is waived and PHAs may
provide an extension for a period not to exceed three years. This
additional time period would account for any time lost on the FSS
contract as a result of the displacement of families participating in
the FSS program. Section 984.105 sets out the requirements for minimum
FSS program size. The minimum program size requirement provision is
also waived; PHAs are exempt from the minimum program size (Sec. Sec.
984.105(a) and (b)) for a period of two years.
12. 24 CFR part 985 (Section 8 Management Assessment Program
(SEMAP)). Part 985 sets out the requirements by which section 8 tenant-
based assistance programs are assessed. Similar to the action that HUD
has taken with respect to the PHAS regulations in 24 CFR part 902 (see
Section III.B.3.), PHAs administering a section 8 tenant-based
assistance program are eligible to defer compliance with the SEMAP
certification requirements for a period of 12 months. HUD will defer
issuing the PHA a new SEMAP score and overall performance rating based
on PHA submissions during the waiver period.
13. 24 CFR 990.145 (Dwelling Units with Approved Vacancies).
Section 990.145 of the Operating Fund Program regulation (79 FR 54984,
September 19, 2005) lists the categories of vacant units that are
eligible to receive operating subsidy and, therefore, are considered
approved vacancies. PHAs that had vacant units during the reporting
period that were not ``approved'' vacancies pursuant to section
990.145, but were available for occupancy, may treat those units as
approved vacancies if: (1) the PHA anticipates the units will be
occupied by families and individuals affected by the disaster during
the upcoming funding year, or (2) the PHA is holding the units vacant
for families and individuals affected by the disaster.
14. 24 CFR 982.503(b) and (c) (Waiver of payment standard limit;
Establishing Payment Standard Amounts, HUD approval of exception
payment standard amount). For Disaster Area PHAs only. Section
982.503(b) limits the payment standard amount a PHA may establish
without HUD approval to no greater than 110 percent of the published
fair market rent (FMR). Section 982.503(c) sets forth the requirement
for HUD approval of an exception payment standard that is higher than
the 110 percent of FMR limitation. In order to expand the housing
available to families displaced by Superstorm Sandy and to prevent the
displacement of assisted families where rents may be increasing
significantly as the result of the loss of rental housing stock, PHAs
in disaster areas may establish payment standards amounts up to 120
percent of the published FMR for part or all of their jurisdiction by
requesting a waiver of 24 CFR
[[Page 71444]]
982.503(b) and (c). This waiver will allow the PHA to establish the
exception payment standard up to 120 percent of the FMR in an expedited
manner by waiving the requirement at 24 CFR 982.503(b) that the PHA
must request HUD approval to establish a payment standard that is
higher than the basic range. The requirement at 24 CFR 982.503(c)(2)
that exception payment standards above 110 percent to 120 percent of
the published FMR must be justified by either the median rent method or
the 40th or 50th percentile rent method will also be waived. Finally,
the requirement at 24 CFR 982.503(c)(2) that the PHA must present
statistically representative rental housing survey data to justify HUD
approval will be waived as well. Please note: the exception payment
standard established by the PHA under this notice may only be applied
to the area of PHA's jurisdiction that falls within the Presidentially
Declared Disaster Area in the case of multi-county or Statewide PHAs.
PHAs must keep in mind that although this waiver will allow the PHA
to establish payment standards up to 120 percent of the FMR, it does
not increase the PHA's program funding. The PHA must continue to manage
its program within its budgetary constraints, and the increased costs
resulting from the exception payment standards may require the PHA to
reduce the number of families it is assisting through attrition or to
take other actions to stay within its funding limitations. In addition,
it is important to note that the rent reasonableness requirements apply
to all housing choice voucher units, regardless of whether the PHA
receives an exception payment standard through this expedited waiver
process.
Higher exception rents above 120 percent of the FMR may be
requested through the expedited waiver process by PHAs located in
disaster areas but must be justified by rental housing data. However,
the requirement at 24 CFR 982.503(c)(4)(ii) that HUD will only approve
an exception payment standard amount above 120 percent of the FMR after
six months from the date of HUD approval of an exception payment
standard above 110 percent to 120 percent of the FMR is waived for PHAs
in disaster areas.
15. PIH Notice 2012-10 (Verification of Social Security Numbers
(SSNs), Social Security (SS) and Supplemental Security Income (SSI)
Benefits; and Effective Use of the Enterprise Income Verification (EIV)
System's Identity Verification Report). Section 8(c) of PIH Notice
2012-10 requires that a PHA submit form HUD-50058 to HUD no later than
30 days after receiving SSN information from applicants or
participants. This 30-day requirement is extended to 90 days for all
families.
16. 24 CFR 1000.156 and 1000.158 (IHBG Moderate Design Requirements
for Housing Development). The IHBG program regulations at Sec. Sec.
1000.156 and 1000.158 require that housing developed with IHBG funds
must be of moderate design. Under these regulatory sections, IHBG
recipients must either adopt written moderate design standards or
comply with the TDC limits issued by HUD. In recognition of the higher
development costs in communities affected by Superstorm Sandy, and to
facilitate the development of housing for families in these
communities, these moderate design requirements are waived for IHBG
recipients until issuance of new TDC levels. Until new TDC levels are
issued, IHBG recipients should strive to keep housing costs reasonable
given local market conditions.
17. 24 CFR 1000.514 (Annual Performance Report (APR) Submission
Deadline. 24 CFR 1000.514 establishes the due date for submission of
the APR to HUD no later than 90 days of the end of the recipient's
program year. 1000.514 also states that if a justified request is
submitted by the recipient, the Area ONAP may extend the due date for
submission of the APR. Due to the disruption of normal operations and
damage caused by Superstorm Sandy HUD has determined that Tribes and
TDHE's located in the disaster area are justified in requesting up to
an additional 90 days for submission of the APR to HUD for program
years ending September 30, 2012 and December 31, 2012. HUD may also
consider additional requests for APR deadline extensions if
justification is shown.
18. 24 CFR 1003.400(c) and Section I.C. of FY 2012 Indian Community
Development Block Grants (ICDBG) Program Notice of Funding Availability
(NOFA) (Grant Ceilings for ICDBG Imminent Threat Applications). The
application funding ceiling for ICDBG Imminent Threat (IT) grants in
the FY 2012 NOFA is $450,000, if the applicant is not located in a
Presidentially declared disaster area, and $900,000, if the applicant
is located in a Presidentially declared disaster area. In order to
maximize the availability of ICDBG IT grants to Indian tribes, HUD is
waiving these caps to enable all applicants located in areas impacted
by Superstorm Sandy to request funds to quickly address critical and
emergency needs. HUD reserves the right to award a lesser amount than
requested by an applicant based on available funds and if it receives
multiple applications from applicants located in the areas impacted by
this disaster.
19. 24 CFR 1003.401 and Section I.C. of FY 2012 Indian Community
Development Block Grants (ICDBG) Program Notice of Funding Availability
(NOFA) (Application Requirements for ICDBG Imminent Threat Funds).
Section I.C.2 of the FY 2012 ICDBG NOFA requires applicants of Imminent
Threat grants to include the following documentation in its application
for funding: independent verification from a third party of the
existence of the threat (such as the Indian Health Service, or the
Bureau of Indian Affairs); the threat must not be recurring in nature;
the threat must impact an entire service area; and it must be
established that funds are not available from other tribal or federal
sources. Because obtaining this documentation can lead to delays in
requesting emergency IT assistance, these provisions and the related
regulatory provisions in 24 CFR 1003.400 are waived to permit Indian
tribes located in areas affected by Superstorm Sandy to more
expeditiously request and receive ICDBG imminent threat funds without
having to obtain extensive documentation. Applicants in these areas are
still required to submit an application for imminent threat assistance
to HUD which includes the following: HUD 424 (Application for Federal
Assistance); a brief description of the project; HUD-4123 (Cost
Summary); and HUD-4125 (Implementation Schedule) in accordance with
Section 1003.401 and the NOFA after the letter to proceed has been sent
to the applicant.
20. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). 24
CFR 1003.604 requires ICDBG applicants to involve residents in the
development of their grant applications. Applicants must: furnish
residents with information about the amount of funds available and the
range of activities that may be undertaken; hold one or more meetings
to obtain the views of residents on the needs; publish a statement of
needs; and afford residents an opportunity to review the applicant's
performance under previous ICDBG awards. The holding of one or more
public meetings may be time consuming and result in delays to any
relief effort. To quickly meet the demand for funds impacted by
Superstorm Sandy, 24 CFR 1003.604(a)(2) is waived so that the tribe
will not have to hold one or more meetings to obtain the views of
residents on community development and housing needs. Tribes will be
[[Page 71445]]
required to meet the remaining citizen participation requirements by
publishing or posting information on their plans to use ICDBG funds and
soliciting comments on such plans.
Dated: November 15, 2012.
Sandra B. Henriquez,
Assistant Secretary, Public and Indian Housing.
[FR Doc. 2012-29038 Filed 11-29-12; 8:45 am]
BILLING CODE 4210-67-P