[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89491-89496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29642]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5987-N-01]
Relief From HUD Requirements Available to Public Housing Agencies
To Assist With Recovery and Relief Efforts on Behalf of Families
Affected by Severe Storms and Flooding in Louisiana
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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SUMMARY: This notice advises the public that HUD has established an
expedited process for the review of requests for relief from HUD
regulatory and/or administrative requirements (``HUD requirements'')
for public housing agencies (PHAs) that are located in a parish of
Louisiana that has been declared a federal disaster area due to severe
storms and flooding. Specifically, these PHAs may request waivers of
HUD requirements and receive expedited review of such requests.
DATES: Effective Date: December 12, 2016.
FOR FURTHER INFORMATION CONTACT: Denise M. Cotten, Office of Field
Operations, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4112, Washington,
DC 20410-5000, telephone number (202) 402-4313. 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
From March 8 through April 8, 2016, more than 3 dozen parishes in
Louisiana experienced severe storms and flooding. A Major Disaster
Declaration covering these parishes \1\ was issued on March 13, 2016
(MDD 4263). From August 11 through August 31, 2016, severe storms and
flooding affected nearly 2 dozen parishes. A Major Disaster Declaration
for these parishes \2\ was issued on August 14, 2016 (MDD 4277). Seven
parishes were included in both the March and August Major Disaster
Declarations.\3\ The notice covers Major Disaster Declarations (MDDs)
4263 and 4277,\4\ issued on March 13, 2016, and August 14, 2016,
respectively.
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\1\ Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier,
Caddo, Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East
Carroll, Franklin, Grant, Jackson, Lafourche, La Salle, Lincoln,
Livingston, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red
River, Richland, Sabine, St. Helena, St. Tammany, Tangipahoa, Union,
Vernon, Washington, Webster, West Carroll, Winn.
\2\ Acadia, Ascension, Avoyelles, East Baton Rouge, East
Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis,
Lafayette, Livingston, Pointe Coupee, St. Helena, St. James, St.
Landry, St. Martin, St. Tammany, Tangipahoa, Vermilion, Washington,
West Baton Rouge, West Feliciana.
\3\ Ascension, Avoyelles, Livingston, St. Helena, St. Tammany,
Tangipahoa, Washington.
\4\ Disaster Recovery numbers assigned by the Federal Emergency
Management Agency. See https://www.fema.gov/disasters/grid/state-tribal-government/4.
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In order to provide relief from certain HUD requirements governing
programs administered by the Office of Public and Indian Housing (PIH)
to PHAs that are located in areas covered by MDD(s) 4263 and/or 4277
(MDD PHAs), HUD is publishing this notice. The notice describes a
number of flexibilities that are available to such PHAs, lists HUD
requirements that HUD is willing to waive upon request from a PHA, and
provides for the expedited review of waiver requests. HUD is publishing
this notice to assist MDD PHAs in responding to these major disaster
declarations and in contributing to long-term recovery.
The notice is organized as follows:
Section II opens with a description of flexibilities that
are available to MDD PHAs, where such flexibilities are built into
statute and/or regulation. MDD PHAs may avail themselves of these
flexibilities, following the process described in Section IV of the
notice.
Section III describes certain HUD requirements that, if
waived, may facilitate an MDD PHA's ability to participate in relief
and recovery efforts. An MDD PHA may request a waiver of a HUD
requirement not listed in Section III and receive expedited review of
the request if the MDD PHA demonstrates that the waiver is needed in
order to assist in its relief and recovery efforts.
[[Page 89492]]
An MDD PHA may not adopt any requested waiver prior to receiving HUD
approval.
Section IV describes the process HUD has established for
MDD PHAs to provide notice to and/or request approval from HUD
regarding statutory or regulatory flexibilities and/or to request
waivers of HUD requirements. Waiver requests will be handled on an
expedited, case-by-case basis. Consistent with section 7(q) of the
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), a
regulated party that seeks a waiver of HUD regulations must request a
waiver from HUD in writing. The waiver request must specify the need
for the waiver. Typically, the request is submitted to the HUD field
office, which reviews the request and submits its recommendation to HUD
headquarters. HUD headquarters then responds to the regulated party in
writing. Since the damage to property and the displacement of families
and individuals in the disaster areas is massive, and the need for
relief from HUD requirements may be necessary, HUD will expedite the
processing of waiver requests from MDD PHAs, providing for concurrent
review by the HUD field office and HUD headquarters.
Waiver requests approved by HUD pursuant to this notice will be
published in the Federal Register and will identify the MDD PHAs
receiving such approvals.
II. Flexibilities That Are Available to MDD PHAs
HUD is exercising discretionary authority to provide relief from
the requirements described in this section. Upon notification to HUD or
upon HUD approval, as noted below, relief is granted to MDD PHAs.
Relief from the requirements must benefit families affected by the
disasters, for example by enabling MDD PHA staff to focus on relief and
recovery efforts. Section IV of this notice describes the process an
MDD PHA must follow to provide notification to and/or to request
approval from HUD. Such notification and/or request must be made by
January 26, 2017.
A. 24 CFR 905.306 (Extension of deadline for obligation and
expenditure of Capital Funds). Section 9(j)(1) of the Act requires PHAs
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) of the Act. Section 9(j)(5)(A)
of the Act requires a PHA to expend capital funds not later than 4
years after the date on which the funds become available for
obligation, plus the period of any extension approved under section
9(j)(2). Section 9(j)(2) of the Act authorizes the Secretary to extend
the time period for the obligation of capital funds 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 an event beyond the control of the PHA. The severe
storms and flooding in Louisiana were beyond the control of MDD PHAs
and caused such massive and widespread destruction and displacement
that HUD is willing to extend the obligation deadline under section
9(j)(1) of the 1937 Act pursuant to section 9(j)(2)(A)(v) of the Act
for an additional 12 months, upon the request of an MDD PHA. The
extension of the section 9(j) obligation and extension deadlines made
in this notice also applies to the implementing regulation at 24 CFR
905.306.
B. 24 CFR 984.105(d) (Family Self-Sufficiency minimum program
size). 24 CFR 984.105(d) defines the circumstances under which a PHA
may, upon HUD approval, operate a program that is smaller than the
required program size. HUD has determined that an MDD PHA's ability to
operate a program that meets the minimum program size requirements may
be infeasible due to circumstances related to MDD(s) 4263 and/or 4277.
Upon the submission to HUD of a certification (as defined in 24 CFR
984.103), an MDD PHA will be exempt from the minimum program size
requirement for a period of 24 months from the effective date of this
notice.
C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). Section 990.145 lists the categories of vacant public
housing units that are eligible to receive operating subsidy and are
therefore considered to be ``approved vacancies.'' Under Section
990.145(b), a PHA shall receive operating subsidy for units that are
vacant due to a declared disaster, subject to prior HUD approval, on a
project-by-project basis. If an MDD PHA has a unit that has been
vacated due to severe storms and flooding, then the MDD PHA, with HUD
approval, may treat the unit as an ``approved vacancy.'' Upon the
request of an MDD PHA and HUD approval, on a case-by-case basis, such
units may be considered approved vacancies for a period not to exceed
12 months from the date of HUD approval.
III. HUD Requirements That May be Waived
For an MDD PHA, HUD will review requests for waivers of HUD
requirements on an expedited basis. This section lists requirements for
which HUD anticipates receiving such requests. An MDD PHA may also
request a waiver of a HUD requirement not listed in this section and
receive expedited review of the request if the MDD PHA documents that
the waiver is needed for relief and recovery purposes.
HUD expects that any waiver granted pursuant to this notice will
benefit families affected by the disasters, for example by enabling MDD
PHA staff to focus on relief and recovery efforts.
An MDD PHA seeking a waiver of a HUD requirement listed below or of
any other HUD requirement needed to assist the MDD PHA in its relief
and recover efforts must submit a waiver request pursuant to the
process outlined in Section IV of this notice. HUD will not approve an
MDD PHA's or other recipient's request to waive a fair housing, civil
rights, labor standards, or environmental requirement. The request must
be submitted to HUD not later than January 26, 2017.
A. 24 CFR 5.512(d) (Verification of eligible immigration status;
Secondary verification). Section 5.512 describes the process by which
verification of eligible immigration status must be undertaken for
families seeking assistance under certain HUD programs. In
circumstances under which secondary verification must be requested,
Section 5.512(d) provides a PHA with 10 calendar days from the date of
receipt of the results of the primary verification to request secondary
verification from Immigration and Customs Enforcement (ICE). To
initiate secondary verification, 24 CFR 5.512(d)(2) requires that the
PHA provide ICE with ``photocopies of the original [ICE] documents
required for the immigration status declared (front and back), attached
to the [ICE] document verification request form G-845S (Document
Verification Request), or such other form specified by the [ICE].'' HUD
is willing to consider a request from an MDD PHA to extend the
timeframe for secondary verification requests to ICE to 90 calendar
days, for any primary verification result received after the effective
date of this notice where a secondary request is required, for a period
not to exceed 12 months from the date of HUD approval.
B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
Section 5.801 establishes uniform financial reporting
[[Page 89493]]
standards (UFRS) for PHAs (and other entities). Section 5.801(c)
requires that PHAs submit financial information in accordance with 24
CFR 5.801(b) annually, not later than 60 days after the end of the
fiscal year of the reporting period. Section 5.801(d)(1) requires that
PHAs submit their unaudited financial statements not later than 60
calendar days after the end of their fiscal year and that PHAs submit
their audited financial statements not later than 9 months after the
end of their fiscal year. HUD is willing to consider requests to extend
these reporting deadlines. Specifically, for MDD PHAs with fiscal years
ending September 30, 2016, December 31, 2016, and March 31, 2017, the
deadline for submission of financial information in accordance with 24
CFR 5.801(b) and unaudited financial statements may be extended to 180
calendar days, and the deadline for submission of audited financial
statements may be extended to 13 months.
C. 24 CFR 902 (Public Housing Assessment System). 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, capital fund obligation, and occupancy. For an
MDD PHA that has a fiscal year end of June 30, 2016, September 30,
2016, December 31, 2016, or March 31, 2017, HUD is willing to consider
a request to waive the inspection and scoring of public housing
projects, as required under 24 CFR 902.
D. 24 CFR 905.322(b) (Fiscal closeout). Section 905.322(b)
establishes deadlines for the submission of an Actual Development Cost
Certificate (ADCC) and an Actual Modernization Cost Certificate (AMCC).
Specifically, the ADCC must be submitted 12 months from the date of
completion/termination of a modernization activity, and the AMCC must
be submitted not later than 12 months from the activity's expenditure
deadline. Upon request from an MDD PHA, HUD is willing to extend these
deadlines by 12 months.
E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). Section 905.314(b)-(c) establishes the
calculation of maximum project cost and the calculation of total
development cost. In order to facilitate the use of Capital Funds for
repairs and construction for needed housing in the disaster areas, HUD
is willing to waive the total development cost (TDC) and housing cost
cap limits for all work funded by the Capital Grant (Capital Grant
Funds with undisbursed balances and HOPE VI funds) until issuance of
2017 TDC levels. MDD PHAs that request to waive this provision and
receive approval to do so must strive to keep housing costs reasonable
given local market conditions, based upon the provisions outlined in 2
CFR part 200.
F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor).
This section establishes that non-high performer PHAs may use force
account labor for modernization activities only when the use of force
account labor for such activities has been included in a Board-approved
Capital Fund Program 5-Year Action Plan. HUD is willing to waive this
requirement to allow for the use of force account labor for
modernization activities even if this activity has not been included in
the non-high performer MDD PHA's 5-Year Action Plan. This waiver will
be in effect for a period not to exceed 12 months from the date of HUD
approval.
G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development). Section 905.400
describes the Capital Fund formula. Section 905.400(i)(5) limits the
use of replacement housing funds to the development of new public
housing. To help address housing needs as a result of the displacement
caused by the severe storms and flooding, HUD is willing to waive
905.400(i)(5) to allow all Capital Fund Replacement Housing Factor
Grants with undisbursed balances to be used for public housing
modernization. This waiver will be in effect for funds obligated within
12 months from the date of HUD approval.
H. 24 CFR 960.202(c) (Tenant selection policies) and 982.54(a)
(Administrative plan). Section 960.202(c) provides that public housing
tenant selection policies must be duly adopted and implemented. Section
982.54(d) provides that a PHA's Section 8 administrative plan must be
formally adopted by the PHA Board of Commissioners or other authorized
PHA officials. For temporary revisions to an MDD PHA's public housing
tenant selection policies or Section 8 administrative plan that an MDD
PHA wishes to put into place to address circumstances unique to relief
and recovery efforts, HUD is willing to consider requests to waive the
requirements for formal approval. Any waiver request must include
documentation that an MDD PHA's Board of Commissioners or an authorized
MDD PHA official supports the waiver request and must identify the
temporary revisions, which shall be effective for a period not to
exceed 12 months from the date of HUD's approval. Additionally, any
waiver request is limited to revisions that do not constitute a
significant amendment or modification to the MDD PHA plan; pursuant to
Section 5(A)(g) of the 1937 Act, HUD cannot waive the approval by the
board or other authorized PHA officials if the proposed revision would
constitute a significant amendment or modification to the PHA plan.
Finally, HUD cannot waive any terms within a PHA's own plan or state
law requiring the approval of the board or authorized PHA officials.
I. 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 5
years. HUD is willing to consider a request for an additional 12 months
after December 31, 2016, to complete such an audit.
J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). This section describes where a PHA must provide public notice
when it opens its waiting list for tenant-based assistance. HUD is
willing to consider a request from an MDD PHA that wishes, in lieu of
the requirement to provide notice in a local newspaper of general
circulation, to provide public notice via its Web site, at any of its
offices, and/or in a voice-mail message, for any opening of the waiting
list for tenant-based assistance that occurs within a period not to
exceed 12 months from the date of HUD approval. MDD PHAs that request a
waiver of this requirement and receive HUD approval must consider the
fair housing implications of the means by which they choose to provide
public notice. For example, an MDD PHA that chooses to provide public
notice at its offices must consider the impact on persons with
disabilities, who may have difficulty visiting the office in-person.
Similarly, an MDD PHA that chooses to provide public notice via voice-
mail message must consider how it will reach persons with hearing
impairments and persons with limited English proficiency. HUD maintains
the requirement that an MDD PHA must also provide the public notice in
minority media. Any notice must comply with HUD fair housing
requirements.
K. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). 24 CFR 982.503(c) authorizes HUD to approve an exception
payment standard amount that is higher than 110 percent of the
published fair market rent (FMR). Typically, a PHA must provide data
about the local market to substantiate the need for an exception
payment standard. In a natural disaster situation, however, the typical
data sources fail to capture conditions on the
[[Page 89494]]
ground. In these cases, HUD takes into account the most recently
available data on the rental market, prior to the disaster, then
estimates the number of households seeking housing units in the wake of
the disaster to arrive at an emergency exception payment standard
amount. For Louisiana, American Community Survey data at the parish
level show that, within the state of Louisiana, only 52,209 vacant-for-
rent units were available as of 2014. As part of its response to the
severe storms and flooding that occurred in 2016, the Federal Emergency
Management Agency had issued 63,307 rental vouchers as of late
September 2016, pushing the effective rental vacancy rate in Louisiana
to zero. HUD has decided, based on this data, that exception payment
standard amounts up to 150 percent of the FMR are justified and that an
MDD PHA may therefore request a waiver to establish an exception
payment standard up to 150 percent of the FMR without providing
supporting data. Upon approval by HUD, an exception payment standard
adopted pursuant to this notice may be adopted for any Housing
Assistance Payment (HAP) contract entered into as of the effective date
of this notice. HUD intends for these exception payment standards to
remain in effect until such time as HUD implements changes to the FMRs
in the affected areas. MDD PHAs are reminded that increased per-family
costs resulting from the use of exception payment standards may result
in a reduction in the number of families assisted or may require other
cost-saving measures in order for an MDD PHA to stay within its funding
limitations.
L. 24 CFR 982.401(d) (Housing quality standards; Space and
security). This section establishes a standard for adequate space for
an HCV-assisted family. Specifically, it requires that each dwelling
unit have at least 1 bedroom or living/sleeping room for each 2
persons. HUD is willing to consider a request from an MDD PHA that
wishes to waive this requirement in order to house families displaced
due to the severe storms and flooding. The waiver will be in effect
only for HAPs entered into during the 12-month period following the
date of HUD approval, and then only with the written consent of the
family. For any family occupying a unit pursuant to this waiver, the
waiver will be in effect for the initial lease term.
M. 24 CFR 982.633(a) (Occupancy of home). This section establishes
the requirement that PHAs may make HAP for homeownership assistance
only while a family resides in their home and must stop HAP no later
than the month after a family moves out. HUD is willing to consider a
request from an MDD PHA wishing to waive this requirement to allow
families displaced from their homes located in areas affected by MDD(s)
4263 and/or 4277 to comply with mortgage terms or make necessary
repairs. A PHA requesting a waiver of this type must show good cause by
demonstrating that the family is not already receiving assistance from
another source. Note: An MDD PHA that wishes in addition to request a
waiver of the requirement at 982.312 that a family be terminated from
the program if they have been absent from their home for 180
consecutive calendar days must do so separately.
N. 24 CFR 984.303(d) (Contract of participation; contract
extension). Part 984 establishes the requirements for the Section 8 and
Public Housing Family Self-Sufficiency (FSS) Program. Section
984.303(d) authorizes a PHA to extend a family's contract of
participation for a period not to exceed 2 years, upon a finding of
good cause, for any family that requests such an extension in writing.
HUD is willing to consider a request from an MDD PHA that wishes to
extend family contracts for up to 3 years, if such extensions are
merited based on circumstances deriving from MDD(s) 4263 and/or 4277.
Any waiver granted pursuant to this request will be in effect for
requests made to the MDD PHA during a period not to exceed 12 months
from the date of HUD approval.
O. 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. For an MDD PHA that has a
fiscal year end of September 30, 2016, December 31, 2016, or March 31,
2017, HUD is willing to consider a request to carry forward the SEMAP
score from the previous year.
P. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)). PHAs are required to transmit form HUD-50058
not later than 30 calendar days following receipt of an applicant's or
participant's SSN documentation. HUD is willing to consider a request
to extend this requirement to 90 calendar days, for a period not to
exceed 12 months from the date of HUD approval.
IV. Notification and Expedited Waiver Process--Instructions
HUD has developed a checklist (Attachment A to this notice) that an
MDD PHA must complete and submit in order to take advantage of the
provisions identified in this notice and the expedited review of waiver
requests. Each provision on the checklist indicates the documentation
that must accompany the MDD PHA's submission. Each request for a waiver
(Section 3 of the checklist) must include a good-cause justification
stating why the particular waiver is needed for the PHA's relief and
recovery efforts.
To complete the checklist, take the following steps:
1. Download the checklist to your computer, saving the document
with the following filename: FR-5987-N-01.Your Agency's HA Code (e.g.,
FR-5987-N-01.MI001).
2. Complete the section titled Information about Requesting Agency.
This section must be complete. An official of the MDD PHA must sign
where indicated. If the information about the requesting agency is
incomplete or the checklist has not been signed, then the checklist
will be returned without review.
3. Complete Sections 1, 2, and/or 3 of the checklist, as
applicable, noting the documentation (if any) that accompanies each
provision.
4. Address an email to both [email protected] and
your Field Office Public Housing Director. In the subject line, type
``Louisiana Disaster Relief.''
5. Attach the completed checklist to your email.
6. Click ``Send.''
Checklists and any supporting documentation or information must be
submitted not later than January 26, 2017. Requests submitted after
January 26, 2017 will not be considered, nor will HUD consider any
waiver requests submitted to this email address that are unrelated to
relief and recovery efforts.
IX. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is
available for public inspection between 8 a.m. and 5 p.m. weekdays in
the Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, an advance appointment to review the docket file
must be scheduled by Calling the Regulations Division at 202-708-3055
(this is not a toll-free number). Hearing-or speech-impaired
individuals may access this number through TTY by calling the Federal
Relay Service at 800-877-8339 (this is a toll-free number).
[[Page 89495]]
Dated: November 22, 2016.
Lourdes Castro Ramirez,
Principal Deputy Assistant, Secretary for Public and Indian Housing.
ATTACHMENT A
Relief from HUD Requirements Available to Public Housing Agencies to
Assist with Recovery and Relief Efforts on Behalf of Families Affected
by Severe Storms and Flooding in Louisiana
Federal Register Notice (FR-5987-N-01)
Information about Requesting Agency
NAME OF PHA:
PHA CODE:
Address:
City or Locality:
Parish:
Date of Submission: [may not be after January 26, 2017].
Signature of PHA Official:---------------------------------------------
Name/Title of PHA Official:
Phone number of PHA Official:
Section 1. Insert an ``X'' next to the applicable category (A, B, or
C).
_Category A: My agency is located in one of the parishes that
received a Major Disaster Declaration on March 13, 2016 [MDD 4263].
Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier, Caddo,
Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East Carroll,
Franklin, Grant, Jackson, Lafourche, La Salle, Lincoln, Livingston,
Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River,
Richland, Sabine, St. Helena, St. Tammany, Tangipahoa, Union,
Vernon, Washington, Webster, West Carroll, Winn
_Category B: My agency is located in one of the parishes that
received a Major Disaster Declaration on August 14, 2016 [MDD 4277].
Acadia, Ascension, Avoyelles, East Baton Rouge, East Feliciana,
Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette,
Livingston, Pointe Coupee, St. Helena, St. James, St. Landry, St.
Martin, St. Tammany, Tangipahoa, Vermilion, Washington, West Baton
Rouge, West Feliciana
_Category C: My agency is located in a parish that was designated a
major disaster area under both MDD 4263 and 4277. Ascension,
Avoyelles, Livingston, St. Helena, St. Tammany, Tangipahoa,
Washington
Section 2. Insert an ``X'' next to the applicable flexibilities.
An MDD PHA may adopt the flexibilities listed below.
_A. 42 U.S.C. 1437g(j)(1) and (j)(5)(A) (Extension of deadline for
obligation and expenditure of Capital Funds.). (Office of Capital
Improvements)
My agency requests that HUD extend the deadline for the
obligation and expenditure of Capital Funds for an additional 12
months. We will maintain documentation substantiating the need for
this extension.
_B. 24 CFR 984.105 (Family Self-Sufficiency minimum program size).
(Housing Voucher Management and Operations; Public Housing
Management and Occupancy)
My agency submits the certification required by 24 CFR 984.103
and will operate an FSS program that is smaller than the required
program size for up to 24 months from December 12, 2016
_C. 24 CFR 990.145(b) (Public housing dwelling units with approved
vacancies). (REAC--Public Housing Financial Management Division)
My agency requests HUD approval to treat certain public housing
units in our inventory as approved vacancies. I have attached a
project-by-project listing of the units for which this approval is
requested. I understand that any units that remain vacant shall be
considered approved vacancies only for a period not to exceed 12
months from the date of HUD approval.
Section 3. Insert an ``X'' next to the applicable waiver requests.
An MDD PHA may request a waiver of a HUD requirement listed
below or of any other HUD requirement and receive expedited review
of the request, as long as the MDD PHA demonstrates that the waiver
is needed for relief and recovery purposes. Each request must
include a good-cause justification for the particular waiver,
documenting why the waiver is needed for such purposes. No requested
waiver may be implemented unless and until written approval from HUD
has been obtained.
_A. 24 CFR 5.512(d) (Verification of eligible immigration status;
Secondary verification). (Housing Voucher Management and Operations;
Public Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 5.512(d) to extend the
timeframe for secondary verification requests to Immigration and
Customs Enforcement from 30 to 90 days. I understand that, if
approved, this waiver will be in effect for a period not to exceed
12 months from the date of HUD approval.
_B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting
standards; Filing of financial reports; Reporting compliance dates).
(REAC)
My agency requests a waiver of 24 CFR 5.801(c) to extend the
deadline for reporting of financial information by 180 days and of
24 CFR 5.801(d)(1) to extend the reporting deadlines for unaudited
financial statements by 180 days and audited financial statements by
4 months. My PHA has a fiscal year end of 9/30/16, 12/31/16, or 3/
31/17.
_C. 24 CFR 902 (Public Housing Assessment System). (REAC)
My agency requests a waiver of the inspection and scoring of
public housing projects, as required under 24 CFR 902. My agency has
a fiscal year end of 6/30/16, 9/30/16, 12/13/16, or 3/31/17.
_D. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital
Improvements)
My agency requests a waiver of 24 CFR 905.322(b) to extend the
deadline for submission of the Actual Development Cost Certificate
and the Actual Modernization Cost Certificate by 12 months.
_E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum
project cost; TDC limit). (Office of Capital Improvements)
My agency requests a waiver of 24 CFR 905.314(b)-(c), which
establish the calculation of maximum project cost and total
development cost limits for the Capital Fund program. I understand
that this waiver is in effect only until such time as 2017 TDC
limits have been published.
_F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor)
(Office of Capital Improvements)
My agency requests a waiver of 24 CFR 904.314(j) to allow for
the use of force account labor for modernization activities even if
this activity has not been included in our agency's 5-Year Action
Plan. I understand that this waiver will be in effect for a period
not to exceed 12 months from the date of HUD approval.
_G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development) (Office of Capital
Improvements)
My agency requests a waiver of 24 CFR 905.400(i)(5) to allow for
the use of Capital Fund Replacement Housing Factor grants with
undisbursed balances for public housing modernization. I understand
that this waiver will be in effect only for funds obligated within
12 months from the date of HUD approval.
_H. 24 CFR 960.202(c) (Tenant selection policies) and 24 CFR
982.54(a) (Administrative plan). (Housing Voucher Management and
Operations; Public Housing Management and Occupancy)
My agency requests a waiver of 24 CFR 960.202(c) and/or 24 CFR
982.54(a) so that our public housing tenant selection policies and
section 8 administrative plan may be revised on a temporary basis,
without formal approval, to address circumstances unique to relief
and recovery efforts. I have attached documentation that our Board
of Commissioners or an authorized PHA official supports the waiver
request. I have also attached documentation identifying the
temporary revisions. The adoption of these revisions does not
constitute a significant amendment to our PHA plan, nor does state
law prevent us from adopting the revisions without formal approval.
I understand that these revisions will be in effect for a period not
to exceed 12 months from the date of HUD's approval.
_I. 24 CFR 965.302 (Requirements for energy audits). (Public Housing
Management and Occupancy)
My agency requests a waiver of 24 CFR 965.302 to provide us with
an additional 12 months after December 31, 2016, to complete our
audits.
_J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public
notice). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.206(a)(2) so that we
can provide public notice of the opening of our waiting list via our
Web site, at any of our offices, and/or in
[[Page 89496]]
a voice-mail message in lieu of providing notice in a local
newspaper of general circulation. I understand that this waiver is
in effect for a period not to exceed 12 months from the date of HUD
approval.
_K. 24 CFR 982.503(c) (HUD approval of exception payment standard
amount). (Housing Voucher Management and Operations)
My agency requests to establish an exception payment standard
amount that is higher than 110 percent of the published fair market
rent (FMR). I have attached our proposed emergency exception payment
standard schedule, which shows both the dollar amounts requested and
those amounts as a percentage of the FMRs in effect at the time of
the request. I understand that any approved exception payment
standard will remain in effect until such time as HUD revises the
FMRs for the area. I also understand that increased per-family costs
resulting from the use of such exception payment standard may result
in a reduction in the number of families assisted or may require my
agency to adopt other cost-saving measures.
_L. 24 CFR 982.401(d) (Housing quality standards; Space and
security). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 982.401(d) so that we may
allow families to occupy units that are smaller than our occupancy
standards would otherwise dictate. I understand that this waiver is
in effect only for HAPs entered into during the 12-month period
following the date of HUD approval, and then only with the written
consent of the family.
_M. 24 CFR 982.633(a) (Occupancy of home). (Housing Voucher
Management and Operations)
My agency requests a waiver of 24 CFR 982.633(a) so that we may
continue HAP for homeownership for families displaced from their
homes if needed to comply with mortgage terms or make necessary
repairs. We have determined that the family is not receiving
assistance from another source. I understand that such payments must
cease if the family remains absent from their home for more than 180
consecutive calendar days.
_N. 24 CFR 984.303(d) (Contract of participation; contract
extension). (Public Housing Management and Occupancy; Housing
Voucher Management and Operations)
My agency requests a waiver of 24 CFR 984.303(d) so that a
family's contract of participation may be extended for up to 3
years. I understand that such extensions may be made only during the
12-month period following the date of HUD approval.
_O. 24 CFR 985.101(a) (Section 8 Management Assessment Program
(SEMAP)). (Housing Voucher Management and Operations)
My agency requests a waiver of 24 CFR 985.101(a) so that our
SEMAP score from the previous year may be carried over. My agency
has a fiscal year end of 9/30/16, 12/31/16, or 3/31/17.
_P. Notice PIH 2012-10, Section 8(c) (Verification of the Social
Security Number (SSN)) (REAC)
My agency requests a waiver of section 8(c) of Notice PIH 2012-
10 to allow for the submission of Form HUD-50058 90 calendars days
from receipt of an applicant's or participant's SSN documentation. I
understand that this waiver will be in effect for a period not to
exceed 12 months from the date of HUD approval.
_Q. Waivers not identified in FR-5987-N-01.
My agency seeks waivers of the HUD requirements listed below. I
have included documentation justifying the need for the waivers.
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Regulation Description
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Example: 24 CFR 982.54....... Example: A waiver of this regulation will
facilitate our agency's capacity to
participate in relief and recovery
efforts by. . .
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[FR Doc. 2016-29642 Filed 12-9-16; 8:45 am]
BILLING CODE 4210-67-P