Fillable Attachment I: Summary of Public Housing and HCV (The City of Santa Ana)

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Attachment I: Summary of Public Housing and HCV (The City of Santa Ana)

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Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
1
This chart summarizes the waivers authorized under this Notice and the availability period for each. As stated in Section 5,
PHAs must keep written documentation on the waivers applied by the PHA as well as the effective dates. To fulfill those
requirements, PHAs may but are not required to utilize the last two columns to record this information.
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
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
PH and HCV-2
Family Income
and
Composition:
Delayed Annual
Examinations
Statutory Authority
Section 3(a)(1)
Regulatory Authority
§§ 982.516(a)(1),
960.257(a)
• Permits the PHA to
delay the annual
reexamination of
income and family
composition
• HCV PHAs must
implement HCV-7 for
impacted families if
they implement this
waiver
• 12/31/20
Yes
7/20/2020
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
2
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
PH and HCV-3
Family Income
and
Composition:
Annual
Examination;
Income
Verification
Requirements
Regulatory Authority
§§ 5.233(a)(2),
960.259(c), 982.516(a)
Sub-regulatory
Guidance
PIH Notice 2018-18
• Waives the
requirements to use the
income hierarchy,
including the use of
EIV, and will allow
PHAs to consider self-
certification as the
highest form of income
verification
• PHAs that implement
this waiver will be
responsible for
addressing material
income discrepancies
that may arise later
• 12/31/20
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
• 12/31/20
Yes, but SAHA
will continue to
use EIV for
annual
reexaminations
Yes, but SAHA
will continue to
use EIV for
annual
reexaminations
7/20/2020
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
3
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
PIH Notice 2018-18
PH and HCV-5
Enterprise
Income
Verification
(EIV)
Monitoring
Regulatory Authority
§ 5.233
Sub-regulatory
Guidance
PIH Notice 2018-18
• Waives the mandatory
EIV monitoring
requirements.
• 12/31/20
PH and HCV-6
Family Self-
Sufficiency
(FSS) Contract
of Participation:
Contract
Extension
Regulatory Authority
§ 984.303(d)
• Provides for extensions
to FSS contract of
participation
• 12/31/20
PH and HCV-7
Waiting List:
Opening and
Closing; Public
Notice
Regulatory Authority
§ 982.206(a)(2)
Sub-regulatory
Guidance
PIH Notice 2012-34
• Waives public notice
requirements for
opening and closing
waiting list
• Requires alternative
process
• 12/31/20
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
• 12/31/20
7/20/2020
Yes
Yes, but SAHA will only
apply this waiver for
occupied units in which
the tenant wishes to
lease in place and/or the
unit is already occupied
7/20/2020
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
4
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Regulatory Authority
§§ 982.305(a),
982.305(b), 982.405
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.
• 1-year anniversary
of date of owner’s
certification
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.
• 12/31/20
• 1-year anniversary
of date of owner’s
certification
HQS-3
Initial
Inspection: Non-
Life-Threatening
Deficiencies
(NLT) Option
Statutory Authority
Section 8(o)(8)(A)(ii)
Sub-regulatory
Guidance
HOTMA HCV Federal
• Allows for extension of
up to 30 days for owner
repairs of non-life
threatening conditions
• 12/31/20
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
5
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Register Notice
January 18, 2017
HQS-4
HQS Initial
Inspection
Requirement:
Alternative
Inspection
Option
Statutory Authority
Section 8(o)(8)(A)(iii)
Sub-regulatory
Guidance
HOTMA HCV Federal
Register Notice
January 18, 2017
• Under Initial HQS
Alternative Inspection
Option - allows for
commencement of
assistance payments
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.
• 12/31/20
• 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
• All delayed biennial
inspections must be
completed as soon as
reasonably possible but
by no later than 1 year
after the date on which
• 10/31/20
• 1 year after the date
on which the
biennial inspection
would have been
required absent the
waiver
7/20/2020
Yes
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
6
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
the biennial inspection
would have been
required absent the
waiver.
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
• Allows for repairs to be
verified by alternative
methods
• 12/31/20
HQS-7
PBV Turnover
Unit Inspections
Regulatory Authority
§ 983.103(c)
• Allows for PBV
turnover units to be
filled based on owner
certification there are
no life-threatening
deficiencies
• Allows for delayed full
HQS inspection NLT
than 1-year anniversary
of date of owner’s
certification.
• 12/31/20
• 1-year anniversary
of date of owner’s
certification
7/20/2020
7/20/2020
Yes
Yes, but SAHA
will only apply
this waiver for
occupied units
in which the unit
is already
occupied
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
7
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HQS-8: PBV
HAP Contract:
HQS Inspections
to Add or
Substitute Units
Statutory Authority
Section 8(o)(8)(A)
Regulatory Authority
§§ 983.207(a),
983.207(b)
Sub-regulatory
Guidance
HOTMA HCV Federal
Register Notice
January 18, 2017
• 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
• 12/31/20
• 1-year anniversary
of date of owner’s
certification
HQS-9
HQS Quality
Control
Inspections
Regulatory Authority
§§ 982.405(b),
983.103(e)(3)
• Provides for a
suspension of the
requirement for QC
sampling inspections
• 12/31/20
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
HQS-11
Homeownership
Option: Initial
Statutory Authority
Section 8(o)(8)(A)(i),
Section 8(y)(3)(B)
• Waives the requirement
to perform an initial
HQS inspection in
• 12/31/20
7/20/2020
7/20/2020
Yes, but SAHA will
restart QC sampling
inspections when we are
able to begin conducting
biennial inspections
again
Yes
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
8
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HQS Inspection
Regulatory Authority
§ 982.631(a)
order to begin making
homeownership
assistance payments
• Requires family to
obtain independent
professional inspection
HCV-1
Administrative
Plan
Regulatory Authority
§ 982.54(a)
• Establishes an
alternative requirement
that policies may be
adopted without board
approval
• Any provisions adopted
informally must be
adopted formally NLT
December 31, 2020
• 9/30/20
• 12/31/20
HCV-2
Information
When Family is
Selected: PHA
Oral Briefing
Regulatory Authority
§§ 982.301(a)(1),
983.252(a)
• Waives the requirement
for an oral briefing
• Provides for alternative
methods to conduct
required voucher
briefing
• 12/31/20
HCV-3
Term of
Voucher:
Regulatory Authority
§ 982.303(b)(1)
• Allows PHAs to
provide voucher
• 12/31/20
7/20/2020
7/20/2020
Yes
Yes - Any voucher
searching may be
extended until
12/31/2020
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
9
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Extensions of
Term
extensions regardless
of current PHA policy
HCV-4
PHA Approval
of Assisted
Tenancy: When
HAP Contract is
Executed
Regulatory Authority
§ 982.305(c)
• Provides for HAP
payments for contracts
not executed within 60
days
• PHA must not pay
HAP to owner until
HAP contract is
executed
• 12/31/20
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
• 12/31/20
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
• 12/31/20
7/20/2020
7/20/2020
Yes
Yes - All current
$0 HAP families
as of 4/14/2020
will be extended
to 12/31/2020
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
10
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
terminates
automatically.
HCV-7
Increase in
Payment
Standard During
HAP Contract
Term
Regulatory Authority
§ 982.505(c)(4)
• Provides PHAs with
the option to increase
the payment standard
for the family at any
time after the effective
date of the increase,
rather than waiting for
the next regular
reexamination to do so.
• 12/31/20
HCV-8
Utility
Allowance
Schedule:
Required
Review and
Revision
Regulatory Authority
§ 982.517
• Provides for delay in
updating utility
allowance schedule
• 12/31/20
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
• 12/31/20
7/20/2020
Yes
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
11
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HCV-10
Family
Unification
Program (FUP):
FUP Youth Age
Eligibility to
Enter HAP
Contract
Statutory Authority
Section 8(x)(2)
• Allows PHAs to
increase age to 26 for
foster youth initial
lease up
• 12/31/20
HCV-11
Family
Unification
Program (FUP):
Length of
Assistance for
Youth
Statutory Authority
Section 8(x)(2)
• Allows PHAs to
suspend terminations of
assistance for FUP
youth who will reach
the 36-month limit
between April 10,
2020, and December
31, 2020
• 12/31/20
HCV-12
Family
Unification
Program (FUP):
Timeframe for
Referral
Statutory Authority
Section 8(x)(2)
• Allows PHAs to accept
referrals of otherwise
eligible youth who will
leave foster care within
120 days
• 12/31/20
HCV-13
Homeownership:
Maximum Term
Regulatory Authority
§ 982.634(a)
• Allows a PHA to
extend homeownership
• 12/31/20
7/20/2020
7/20/2020
Yes
Yes
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
12
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
of Assistance
assistance for up to 1
additional year
HCV-14
Mandatory
Removal of Unit
from PBV HAP
Contract
Regulatory Authority
§§ 983.211(a);
983.258
• Allows a PHA to keep
a PBV unit under
contract for a period of
time that extends
beyond 180 from the
last HAP but does not
extend beyond
December 31, 2020
• 12/31/20
PH-1
Fiscal Closeout
of Capital Grant
Funds
Regulatory Authority
§ 905.322(b)
• Extension of deadlines
for ADCC and AMCC
Varies by PHA
PH-2
Total
Development
Costs
Regulatory Authority
§ 905.314(c) - (d)
• Waives the TDC and
HCC limits permitting
approval of amounts in
excess of published
TDC by 25% to 50%
on a case by case basis
Applies to development
proposals submitted to
HUD no later than
December 31, 2021
PH-3
Cost and Other
Limitations:
Types of Labor
Regulatory Authority
§ 905.314(j)
• Allows for the use of
force account labor for
modernization
• 12/31/20
7/20/2020
Yes
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
13
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
activities in certain
circumstances
PH-4
ACOP:
Adoption of
Tenant Selection
Policies
Regulatory Authority
§ 960.202(c)(1)
• Establishes an
alternative requirement
that policies may be
adopted without board
approval
• Any provisions adopted
informally must be
adopted formally NLT
December 31, 2020
• 9/30/20
• 12/31/20
PH-5
Community
Service and Self-
Sufficiency
Requirement
(CSSR)
Statutory Authority
Section 12(c)
Regulatory Authority
§§ 960.603(a) and
960.603(b)
• Temporarily suspends
CSSR
• 3/31/21
PH-6
Energy Audits
Regulatory Authority
§ 965.302
• Allows for delay in due
dates of energy audits
One year beyond 2020
audit deadline
PH-7
Over-Income
Families
Statutory Authority
Section 16(a)(5)
Sub-regulatory
Guidance
• Changes to timeframes
for determination of
over-income
• 12/31/20
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
14
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Housing Opportunity
Through
Modernization Act of
2016: Final
Implementation of the
Public Housing
Income Limit 83 FR
35490, Notice PIH
2019-11
PH-8
Resident
Council
Elections
Regulatory Authority
§ 964.130(a)(1)
• Provides for delay in
resident council
elections
• 12/31/20
PH-9
Review and
Revision of
Utility
Allowance
Regulatory Authority
§ 965.507
• Provides for delay in
updating utility
allowance schedule
• 12/31/20
PH-10
Tenant
Notifications for
Changes to
Project Rules
and Regulations
Regulatory Authority
§ 966.5
• Advance notice not
required except for
policies related to
tenant charges
• 12/31/20
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
15
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
PH-11:
Designated
Housing Plan
Renewals
Statutory Authority:
Section 7(f)
• Extends the Plan’s
effective period
through December 31,
2020, for Plans due to
expire between the date
of this Notice and
December 31, 2020.
• 12/31/20
PH-12: Public
Housing Agency
Annual Self-
Inspections
Statutory Authority:
Section 6(f)(3)
Regulatory Authority:
§ 902.20(d)
• Waives the requirement
that the PHA must
inspect each project
• 12/31/20
11a
PHAS
Regulatory Authority
24 CFR Part 902
• Allows for alternatives
related to inspections
• PHA to retain prior
year PHAS score
unless requests
otherwise
HUD will resume
issuing new PHAS
scores starting with
PHAs with FYE dates
of 3/31/21
N/A
N/A
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 3/31/21
N/A
N/A
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
16
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
11c
Uniform
Financial
Reporting
Standards: Filing
of Financial
Reports;
Reporting
Compliance
Dates
Regulatory Authority
§§ 5.801(c),
5.801(d)(1)
• Allows for extensions
of financial reporting
deadlines
Varies by PHA FYE
12a
PHA Reporting
Requirements on
HUD Form
50058
Regulatory Authority
24 CFR Part 908, §
982.158
Sub-regulatory
Guidance
PIH Notice 2011-65
• Waives the requirement
to submit 50058 within
60 days
• Alternative
requirement to submit
within 90 days of the
effective date of action
• 12/31/20
12b
Designated
Housing Plans:
HUD 60-Day
Notification
Statutory Authority
Section 7(e)(1)
• Allows for HUD to
delay notification about
designated housing
plan
• 7/31/20
N/A
N/A
12c
Extension of
Deadline for
Statutory Authority
Section 9(j)
• Provides a one-year
extension
For all open Capital
Fund grants, one-year
extension from the
Attachment I: Summary of Public Housing and HCV Waivers and Alternative Requirements
(Refer back to the Notice using the item code for a full description and more detailed information.)
17
Item
Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Programmatic
Obligation and
Expenditure of
Capital Funds
Regulatory Authority
§ 905.306(d)(5)
obligation and
expenditure end dates in
LOCCS as of April 10,
2020
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
1
COVID-19 Statutory and Regulatory Waivers for ONAP programs
Item
Statutory and Regulatory
Waivers
Waiver/Alternative Requirement Summary
13a. Application
Process for IHBG-
CARES Grants and
Indian Housing Plan
(IHP) Requirements
Statutory Authority: Section
101(b), Section 102, and
Section 103 of NAHASDA
Regulatory Authority: 24
C.F.R. §§ 1000.214;
1000.218;1000.220; 1000.224;
1000.226; 1000.228;1000.230;
and 1000.232
1) Abbreviated IHP to Receive IHBG-CARES Grant Funding:
Applicants for IHBG-CARES funding must submit an abbreviated
IHP specifying how the funds will be used.
2) Recipients that did Not Submit an IHP in FY2020: A Tribe or
TDHE that did not submit a timely or compliant IHP in FY 2020
may still qualify for an IHBG-CARES grant.
3) IHP Certifications: IHBG recipients that cannot provide HUD with
IHP certifications may still submit an Abbreviated IHP provided an
authorized official of the IHBG recipient provides a statement on
inability to secure certifications.
4) Reprogramming of FY2020 IHBG Funding: FY2020 IHBG funds
may be reprogrammed to address COVID-19 through streamlined
process.
13b. IHP
Submission
Deadline for Annual
IHBG Formula
Grants
Statutory Authority: Section
101(b) and 102(a) of
NAHASDA,
Regulatory Authority: 24 CFR
§§ 1000.214, 1000.216,
1000.225
IHP Submission Deadlines
Extended
Original IHP Due
Date
Extension
1/17/2020
10/16/2020
4/17/2020
7/18/2020
10/16/2020
1/17/2021
13c.Annual
Performance Report
Statutory Authority: Sections
403 and 404 of NAHASDA,
APR Submission Deadlines
Extended
Original APR Due
Date
Extension
3/30/2020
9/27/2020
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
2
Submission
Deadline
Regulatory Authority: 24 CFR
§ 1000.514
6/29/2020
9/30/2020
12/30/2020
12/30/2020
13d. Income
Verification
Regulatory Authority: 24 CFR
§ 1000.128
IHBG recipients may deviate from their current written admissions and
occupancy policies, including allowing less frequent income
recertifications, remote income verification, and self-certification over the
phone or email.
13e. Public Health
Services
Statutory Authority: Section
202(3) of NAHASDA
Recipients may use IHBG-CARES funding to carry out a wide range of
public health services.
13f. COVID-19-
Related Assistance
to Non-Low Income
and Non-Native
Families
Statutory Authority: Section
201(b) of NAHASDA,
Regulatory Authority: 24 CFR
§§ 1000.104, 1000.106,
1000.108, 1000.110, 1000.312,
1000.314, 1000.318
Recipients may use IHBG-CARES funding to prevent, prepare for, and
respond to COVID-19 through certain limited activities that provide
assistance to all affected and threatened people without regard to income
limits or Indian status.
13g. Useful Life
Statutory Authority: Section
205 of NAHASDA,
Regulatory Authority: 24 CFR
§§ 1000.141, 1000.142,
1000.143, 1000.144, 1000.146,
1000.147
If the assistance is related to inhibiting the spread of COVID-19 to low-
income Indian families and the Tribal community, Recipients may use
IHBG-CARES funding to assist housing units without determining and
maintaining affordability during their useful life.
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
3
13h. Total
Development Cost
(TDC) Limits
Regulatory Authority: 24 CFR
§§ 1000.156, 1000.158,
1000.160, 1000.162
Recipients may exceed TDC by 20 percent without HUD approval for
dwelling and non-dwelling units developed, acquired or assisted to
prevent, prepare for, and respond to COVID-19.
13i. Prohibition
Against Investment
of CARES Act
Grant Funds
Statutory Authority: Section
204(b) of NAHASDA,
Regulatory Authority: 24 CFR
§ 1000.58
Recipients are prohibited from investing any IHBG funding provided
under the CARES Act.
13j. IHBG-CARES
Funds Not Counted
in Undisbursed
Funds Factor
Regulatory Authority: 24 CFR
§ 1000.342
IHBG-CARES funds will not count towards an IHBG recipient’s prior
years’ undisbursed funds when applying the Undisbursed Funds Factor
under the IHBG formula.
14a. Citizen
Participation
Statutory Authority: Section
104 of the Housing and
Community Development Act
of 1974 (HCD Act)
Regulatory Authority: 24 CFR
§ 1003.604
Indian tribes are not required to hold one or more meetings to obtain the
views of residents before applying for ICDBG-CARES grant funding or
amending their FY 2019/2020 ICDBG grants to address COVID-19.
14b. Application Process for ICDBG-CARES Grants
and Funding Criteria
1) Criteria for Funding: With respect to applications for ICDBG-CARES
grants and FY 2019/2020 ICDBG Imminent Threat grants to address the
COVID-19 crisis, the urgency and immediacy of the threat will be
presumed.
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
4
Regulatory Authority: 24 CFR §§ 1003.400,
1003.401, 1003.402; Section I.A.1.b. of FY19/20
ICDBG Notice of Funding Availability (NOFA)
2) Grant Ceilings: Current grant ceilings are waived for ICDBG-CARES
and will be set in an ICDBG-CARES Implementation Notice to be
published in the very near future.
3) Reimbursement of Costs and Letter to Proceed: ICDBG applicants and
grantees to receive ICDBG-CARES grants do not have to demonstrate
other Tribal funding sources cannot be made available to alleviate the
threat and may use the funding to cover or reimburse costs to prevent,
prepare for, and respond to COVID-19 without a Letter to Proceed from
the area ONAP.
4) Availability of Funds: If ICDBG-CARES grant funds are not awarded in
a fiscal year, HUD reserves the right to adjust how funding is awarded to
ensure needs of Tribes are met, including possibly setting aside a portion
of funding to address the needs of Tribes with the greatest needs.
14c. Removal of
Public Services 15
Percent Cap under
FY 2019 and FY
2020 ICDBG Grants
Statutory Authority: Section
105 of the HCD Act;
Regulatory Authority: 24 CFR
§ 1003.201(e); FY 19/20
ICDBG NOFA
HUD is eliminating the 15 percent cap on FY 2019/2020 ICDBG funding
(both Single Purpose and Imminent Threat grants).
14d. Rental
Assistance, Utility
Assistance, Food,
Clothing, and Other
Emergency
Assistance
Statutory Authority: Section
105 of the HCD Act;
Regulatory Authority: 24 CFR
§ 1003.207(b)(4)
ICDBG grant funds may be used to provide emergency payments for low
and moderate income individuals or families impacted by COVID-19 for
items such as food, medicine, clothing, and other necessities, as well as
utility payment assistance.
Attachment II: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
5
14e. Purchase of
Equipment
Regulatory Authority: 24 CFR
§§ 1003.207(b)(1);
1003.201(c)(1)(ii)
Grantees may use of ICDBG funds for the purchase of medical and
personal protective equipment to prevent, prepare for, and respond to the
COVID-19.
14f. Operating
Expenses for Public
Facilities
Regulatory Authority: 24 CFR
§ 1003.207(b)(2)
Grantees may use ICDBG funds to pay operating and maintenance
expenses of any public facility, to the extent it is used for COVID-19-
related purposes but not for staffing costs of public facilities.
14g. New Housing
Construction by
Tribes
Statutory Authority: Section
105 of the HCD Act,
Regulatory Authority: 24 CFR
§ 1003.207(b)(3)
ICDBG grantees may use ICDBG funds to carry out new housing
construction under certain conditions without having to use a CBDO.
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Attachment I: Summary of Public Housing and HCV (The City of Santa Ana)

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Completed 20 January 2021

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