1
Attachment: 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.)
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
Statutory Authority
Section 5A(a)(1),
Section 5A(b)(1),
Section 5A(g), Section
5A(h)
Regulatory Authority
§ 903.5(a)(3),
903.5(b)(3), 903.21
Alternative dates for
submission
Changes to significant
amendment process
Varies based on
FYE
7/31/20
PH and HCV-2
Family income
and
composition –
delayed annual
reexaminations
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 thi
s
waiver
12/31/20
PH and HCV-3
Annual
Regulatory Authority
§
5.233(a)(2)
Waives the requirements
to use the income
7/31/20
4/21/2020
2
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
reexamination
Income
Verification
Sub-regulatory Guidance
PIH Notice 2018-18
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
PH and HCV-4
Interim
reexaminations
Statutory Authority
Section 3(a)(1)
Regulatory Authority
§ 5.233(a)(2),
982.516(c)(2),
960.257(b) and (d)
Sub-regulatory Guidance
PIH Notice 2018-18
Waives the requirement
to use the income
verification
requirements, including
the use of EIV, for
interim reexaminations
7/31/20
PH and HCV-5
EIV System
Monitoring
Regulatory Authority
§ 5.233
Sub-regulatory Guidance
Waives the mandatory
EIV monitoring
requirements.
7/31/20
4/16/2020
4/16/2020
Yes, but SAHA
will continue the
use of EIV for
annual
reexaminations.
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 201
8
-
18
PH and HCV-6
FSS Contract of
Participation
Regulatory Authority
§ 984.303(d)
Provides for extensions
to FSS contract of
participation
12/31/20
PH and HCV-7
Waiting List
Regulatory Authority
§ 982.206(a)(2)
PIH Notice 2012-34
Waives public notice
requirements for opening
and closing waiting list
Requires alternative
process
7/31/20
HQS-1
Initial
inspection
Statutory Authority
Section 8(o)(8)(A)(i),
Section 8(o)(8)(C)
Regulatory Authority
§ 982.305(a),
982.305(b), 982.405
Changes initial
inspection requirements,
allowing for owner
certification that there
are no life-threatening
deficiencies
Where self-certification
was used, PHA must
inspect the unit no later
than
October
31, 2020.
7/31/20
10/31/20
HQS-2: PBV
Pre-HAP
Contract
Inspections,
PHA acceptance
of completed
units
Statutory Authority:
Section 8(o)(8)(A)
Regulatory Authority:
§§ 983.301(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 October 31, 2020.
7/31/20
10/31/20
4/16/2020
4/16/2020
4
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HQS-3
Non-Life
Threatening
HQS - Initial
Unit Approval
Statutory Authority
Section 8(o)(8)(A)(ii)
Regulatory Authority
HOTMA HCV Federal
Register Notice January
18, 2017
Allows for extension of
up to 30 days for owner
repairs of non-life
threatening conditions
7/31/20
HQS-4
Initial HQS -
Alternative
Inspections
Statutory Authority
Section 8(o)(8)(A)(iii)
Regulatory Authority
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
October
31, 2020.
7/31/20
10/31/20
HQS-5
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
10/31/20
4/16/2020
5
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
by no later than October
31, 2020.
HQS-6
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
7/31/20
HQS-7
PBV Turnover
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
7/31/20
10/31/20
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)
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
7/31/20
10/31/20
4/16/2020
4/16/2020
6
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HQS-9
HQS QC
Inspections
Regulatory Authority
§ 982.405(b)
Provides for a
suspension of the
requirement for QC
sampling inspections
10/31/20
HQS--10
HQS 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
notice, whichever is
longer
HQS-11
Homeownership
HQS
Statutory Authority
Section 8(o)(8)(A)(i),
Section 8(y)(3)(B)
Regulatory Authority
§ 982.631(a)
Waives the requirement
to perform an initial
HQS inspection in order
to begin making
homeownership
assistance payments
Requires family to
obtain independent
professional inspection
7/31/20
HCV-1
Administrative
Plan
Regulatory Authority
§ 982.54 (a)
Waives the requirement
to adopt revisions to the
admin plan
7/31/20
HCV-2
PHA Oral
Briefing
Regulatory Authority
§ 982.301(a)(3)
§ 983.252(a)
Waives the requirement
for an oral briefing
Provides for alternative
methods to conduct
required voucher
briefing
7/31/20
4/16/2020
Yes
4/16/2020
4/16/2020
7
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HCV-3
Term of
Voucher -
Extensions of
Term
Regulatory Authority
§ 982.303(b)(1)
Allows PHAs to provide
voucher extensions
regardless of current
PHA policy
7/31/20
HCV-4
PHA Approval
of Assisted
Tenancy
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
7/31/20
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
the HAP
Contract
Regulatory Authority
§ 982.455
Allows PHA to extend
the period of time after
the last HAP payment is
made before the HAP
contract terminates
automatically.
12/31/20
4/16/2020
4/16/2020
4/16/2020
8
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
HCV-7
Increase in
Payment
Standard
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
Regulatory Authority
§ 982.517
Provides for delay in
updating utility
allowance schedule
12/31/20
HCV-9
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
7/31/20
HCV-10
FUP
Statutory Authority
Section 8(x)(2)
Allows PHAs to increase
age to 26 for foster
youth initial lease up
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
Regulatory Authority
§ 905.314(c)
Waives the TDC and
HCC limits permitting
Applies to
development
4/21/2020
4/16/2020
9
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Development
Costs
approval of amounts in
excess of published TDC
by 25% to 50% on a case
by case basis
proposals submitted
to HUD no later than
December 31, 2021
PH-3
Cost limitations
Regulatory Authority
§ 905.314(j)
Allows for the use of
force account labor for
modernization activities
in certain circumstances
12/31/20
PH-4
ACOP
Regulatory Authority
§ 960.202(c)(1)
Changes to approval
process for ACOP
7/31/20
PH-5
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
Housing Opportunity
Through Modernization
Act of 2016: Final
Implementation of the
Public Housing Income
Limit 83 FR 35490
Changes to timeframes
for determination of
over-income
12/31/20
10
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
Notice: Notice PIH
2019-11
PH-8
Resident
Council
Elections
Regulatory Authority
§ 964.130(a)(1)
Provides for delay in
resident council
elections
7/31/20
PH-9
Utility
Allowance
Regulatory Authority
§ 965.507
Provides for delay in
updating utility
allowance schedule
12/31/20
PH-10
Tenant
notifications
Regulatory Authority
§ 966.5
Advance notice not
required except for
policies related to tenant
charges
7/31/20
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
11c
Financial
reporting
Regulatory Authority
§§ 5.801(c), 5.801(d)(1)
Allows for extensions of
financial reporting
deadlines
Varies by PHA FYE
11
Item Statutory and
regulatory waivers
Summary of alternative
requirements
Availability Period
Ends
Did PHA
implement
waiver and
alternative
requirement?
Date of
PHA
adoption
12a
Form HUD
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 plan
Statutory Authority
Section 7(e)(1)
Allows for HUD to
delay notification about
designated housing plan
7/31/20
N/A N/A
12c
Deadline for
reporting
Operating and
Capital Fund
expenditures
Statutory Authority
Section 9(j)
Regulatory Authority
§ 905.306(d)(5)
Provides a one-year
extension
One-year extension,
however no
programmatic
expenditure end date
shall be extended
beyond one month
prior to closure of
relevant
appropriations acc
12
Attachment: Summary of IHBG and ICDBG Statutory and Regulatory Waivers and Alternative Requirements
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 a
n
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
Org. IHP Due Date
Extension
1/17/2020
10/16/2020
4/17/2020 10/16/2020
13c.Annual
Performance Report
Submission
Deadline
Statutory Authority: Sections
403 and 404 of NAHASDA,
Regulatory Authority: 24 CFR
§ 1000.514
APR Submission Deadlines
Extended
Org. APR Due
Date
Extension
3/30/2020
6/28/2020
6/29/2020 9/27/2020
13
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.
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.
14a. Citizen
Participation
Statutory Authority: Section
104 of the Housing and
14
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 2020 ICDBG grants to address COVID-19. .
14b. Application Process for ICDBG-CARES Grants
and Funding Criteria
Regulatory Authority: 24 CFR §§ 1003.400,
1003.401, 1003.402; Section I.A.1.b. of FY19/20
ICDBG Notice of Funding Availability (NOFA)
1) Criteria for Funding: With respect to applications for ICDBG-CARES
grants and FY 2020 ICDBG Imminent Threat grants to address the
COVID-19 crisis, the urgency and immediacy of the threat will be
presumed
.
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%
Cap under 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 2020 ICDBG funding (both
Single Purpose and Imminent Threat grants), to align with ICDBG
Imminent Threat funding provided under the CARES Act.
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.
15
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.