[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Notices]
[Page 66221-66226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no05-146]
[[Page 66221]]
-----------------------------------------------------------------------
Part V
Department of Housing and Urban Development
-----------------------------------------------------------------------
Regulatory and Administrative Waivers Granted for Public and Indian
Housing Programs To Assist With Recovery and Relief in Hurricane Rita
Disaster Areas; and Additional Administrative Relief for Hurricane
Katrina; Notice
[[Page 66222]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5022-N-01]
Regulatory and Administrative Waivers Granted for Public and
Indian Housing Programs To Assist With Recovery and Relief in Hurricane
Rita Disaster Areas; and Additional Administrative Relief for Hurricane
Katrina
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Similar to HUD's notice published on October 3, 2005,
regarding administrative actions to bring relief to areas affected by
Hurricane Katrina, 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 safe and decent housing under these programs
to families and individuals who have been displaced from their housing
by Hurricane Rita. Entities that administer PIH programs, which include
public housing 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 Hurricane Rita, 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. PIH
program administrators that are not located in a disaster area but
assisting with Hurricane Rita recovery and relief may request waiver of
the regulations and administrative requirements listed in this notice,
and HUD review and response is available through an expedited waiver
request and response process. PIH program administrators, located in an
area declared a federal disaster area as a result of Hurricane Rita, or
PIH program administrators not located in such an area but assisting
with Hurricane Rita relief and recovery efforts, may request waiver of
a regulation or other administrative requirement through the expedited
waiver process provided in this notice.
This notice applies only to PIH programs or to cross-cutting
regulatory or administrative requirements that are applicable to PIH
program administrators.
This notice provides in Section III.A.2 for an extension for
improved performance by certain PHAs located in areas declared a
federal disaster area as a result of Hurricane Katrina, which
supplements the waivers made available under the procedures described
in the October 3, 2005, notice.
DATES: Effective Date: October 25, 2005.
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, 451 Seventh Street, SW.,
Room 4116, Washington, DC 20410-5000, telephone number (202) 708-4016,
extension 4245, or (202) 708-0713, extension 7651. 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 September 2005, Hurricane Rita closely followed Hurricane
Katrina and once again hit the Gulf Coast area of the United States,
adding to the damage to property and displacement of individuals and
families from their homes and communities that already had been caused
by Hurricane Katrina. The President directed federal agencies to
include victims of Hurricane Rita in relief and recovery efforts
underway for victims of Hurricane Katrina, and to eliminate ``red
tape'' where feasible that will impede the delivery of federal
financial assistance and other needed benefits.
Similar to the notice of waiver of regulations and administrative
requirements that HUD published on October 3, 2005 (70 FR 57716), to
assist PIH program administrators in Hurricane Katrina disaster areas,
this notice identifies HUD regulations and other administrative
requirements governing HUD's PIH programs that are waived or
temporarily suspended or deferred in an area declared by the President
to be a federal disaster area as a result of Hurricane Rita (disaster
area). In addition, HUD will provide an expedited review process to
waive the requirements listed in this notice upon request from PIH
program administrators that are not located in disaster areas but are
assisting with Hurricane Rita recovery and relief efforts.
HUD's Office of Public and Indian Housing 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 Hurricane Rita, as well as others who now need housing assistance
under PIH programs as a result of the hurricane. PIH program
administrators that are located in a disaster area may defer compliance
with the requirements listed in this notice for an initial period of 12
months under the notification process described in this notice. The
requirements listed in this notice that have been deferred, or
temporarily suspended by waiver include regulatory and other
administrative provisions that require periodic reporting and other
information delivery by PHAs, Indian tribes, and TDHEs. While such
reporting is important to ensure effective and efficient administration
of PIH programs, these requirements have been waived in order that PIH
program administrators may focus their time and resources on
identifying and providing decent and safe housing during this period of
unparalleled displacement of families and individuals.
For the majority of the regulations and administrative requirements
listed in this notice and for which a waiver was 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. Because Hurricane Rita compounded
and exacerbated the damage caused by Hurricane Katrina, the damage to
the Gulf Coast area remains unprecedented, and the need for housing and
other basic life saving and sustaining relief is widespread and
immediate, 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 TDHEs 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. As
the recovery period proceeds, HUD may identify other regulations for
which waiver or temporary deferral or suspension is needed or determine
that other alternative requirements may be necessary to assist with
facilitation of delivery of housing to those most in need. Any
additional HUD waivers or suspensions or other alternative requirements
will be announced by
[[Page 66223]]
direct notice to PIH program administrators and by Federal Register
publication.
PIH program administrators that are not located in a disaster area
but are assisting with Hurricane Rita recovery and relief efforts may
request waiver of the regulations and administrative requirements
listed in this notice through the expedited waiver request and response
process set forth in this notice.
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 HUD regulatory and administrative requirements
that the Office of PIH determined needed to be waived or temporarily
deferred or suspended during the Hurricane Rita recovery period. If
PHAs, Indian tribes, and TDHEs, and other PIH program administrators
identify other regulations that they believe should be waived, they
should seek a waiver by submitting a waiver request, which specifies
the need for a waiver, to the email address provided below in Section
II, which describes the expedited waiver process.
II. Waiver Process
A. For PIH Program Administrators in Declared Disaster Areas
Entities that administer public or Indian housing or voucher
programs and are located in the areas declared a federal disaster area
as a result of Hurricane Rita may defer or suspend compliance with the
regulations and other administrative requirements listed in this
notice, with the exception of the waiver of the provision in Section
III.B.12, 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 by section and number utilized in this notice
(e.g., Section III.A.2., Section III.B. 1, 2, 3, etc., or ``all of the
waived or suspended requirements in Section III''). The following email
address has been established in order to expedite the process:
Pih_Ritadisaster_Relief@hud.gov. Please note that this email address is
different from the email address provided for Hurricane Katrina. In
addition, a checklist of the waived or suspended requirements is
available at HUD's Web site at http://www.hud.gov/katrina/proguidance.cfm
, and an eligible PHA can use this checklist to identify
the waived or suspended requirements that it will utilize.
This is a notification process only, and HUD asks that this
notification be made to HUD no later than two weeks after a PHA
determines the need 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, as 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 and will be considered waived or suspended by HUD
for an additional three months upon notification to HUD following the
same notification process described above.
B. For PIH Program Participants in Non-Disaster Declared Areas
PIH program administrators that are not located in a disaster area
but are contributing to Hurricane Rita relief and recovery efforts may
request a waiver of the regulations or administrative requirements
listed in this notice by sending a request for a waiver to the
PIH_RitaDisaster_Relief@hud.gov email address. The request must specify
the need, including justification, for the waiver of the requirement.
Waiver requests submitted through this email address will receive
priority processing.
C. Regulations and Requirements Not Waived in This Notice
For any regulation or other administrative requirement not listed
in this notice for which a PIH program administrator seeks waiver or
suspension, the program administrator may seek a waiver by sending a
request to the PIH_RitaDisaster_Relief@hud.gov 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 Hurricane Rita
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.
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)), 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 massive, 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).
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 that are located in non-
federally declared disaster areas and are contributing to Hurricane
Rita relief and recovery efforts that requested and were granted
waivers in accordance with the 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 Hurricane Rita. PIH
program
[[Page 66224]]
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
This section of the notice provides for one additional waiver, in
subsection III.A.2, with respect to troubled PHAs that was not listed
in the notice published on October 3, 2005. This waiver is available to
the PHAs located in Katrina disaster areas as provided in the October
3, 2005, notice.
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 Hurricane
Rita was beyond the control of the PHAs located in the disaster areas
and caused such massive and widespread destruction and displacement
that the obligation deadline under section 9(j)(1) of the 1937 Act is
hereby extended pursuant to section 9(j)(2) of the 1937 Act for an
additional 12 months for PHAs located in the areas declared a federal
disaster area.
In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to
expend capital funds not later than four years after the date on which
the funds become available for obligation, plus the period of any
extension approved 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. Extension of Deadlines for Improvement of PHAs Designated
Troubled or Substandard (Extension Available for PHAs in Hurricane Rita
as well as Hurricane Katrina disaster areas). Sections
6(j)(3)(B)(ii)(I) and (II) of the 1937 Act (42 U.S.C.
1437d(j)(3)(B)(ii)(I) and (II)) and the implementing regulations for
these sections at 24 CFR 902.75(d)(1) and (2) require that a PHA
designated as troubled improve its performance by 50 percent within one
year of such designation, and improve its performance to no longer be
designated as troubled within two years of such designation. The
implementing regulations also apply these one- and two-year deadlines
for improvement to PHAs designated as overall troubled and substandard.
The consequences for failure to timely achieve the required
improvements could require the appointment of a receiver for the PHA
pursuant to section 6(j)(3)(B)(ii)(III) of the 1937 Act and 24 CFR
902.77 of the implementing regulations. The apparent meaning of the
provision is that Congress intended that a troubled PHA would have one
or two uninterrupted years of continuous operation during which to
improve its performance so that it is no longer designated as troubled,
before the actions by the Secretary required under section
(6)(j)(3)(B)(ii)(III) would be triggered. HUD has determined that
because the extraordinary conditions created by Hurricanes Katrina and
Rita cited throughout this notice and the notice published on October
3, 2005, were caused by acts outside the control of any PHA, and
outside the control of any government or private entity, and because
such conditions interrupted the one-or two-year period of contemplated
continuous operation of the troubled agency in the disaster areas, the
Secretary will extend by 12 months each of the respective periods for
improvement under sections 6(j)(3)(B)(ii)(I) and (II) of the 1937 Act
and the implementing regulations for these sections at 24 CFR
902.75(d)(1) and (2) for troubled or substandard PHAs in the disaster
area that were substantially impacted by the effects of Hurricanes
Katrina and Rita. This action will permit the administrators of
affected PHAs designated as troubled or substandard to devote their
attention to the fullest extent necessary to address the problems
created by the disaster.
3. 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) (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.
B. Regulatory Requirements
1. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social
Security and Employer Identification Numbers). Section 5.216 addresses
the disclosure and verification of Social Security Numbers and employer
identification numbers of applicants for assistance under certain HUD
assisted housing programs. Section 5.216(g) imposes special
documentation requirements on applicants, and subsection (g)(5)
establishes the time limit for submission of this documentation. The
time period required for submission of verification documents is waived
for a period of three months in the case of all families and for a
period not to exceed 12 months with approval.
2. 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 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 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
[[Page 66225]]
the date of the results of the primary verification to 90 days from
such date.
3. 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 and Sec. 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. In addition, Sec. 5.801(d)(1) 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 December 31, 2004,
and March 31, 2005, 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, they will not be scored under the Public Housing Assessment
System (PHAS), as more fully discussed in Section III.B.4. below.
4. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part
902 sets out the indicators by which HUD measures the performance of a
PHA. These indicators measure a PHA's physical condition, financial
condition, management operations, and resident service and
satisfaction. For PHAs in the areas declared a federal disaster area
beginning with fiscal year end September 30, 2005, and for those with
fiscal years ending March 31, 2005, and June 30, 2005, that have not
yet received their physical condition inspections for 2005, the PHAS
score will be the same as their previous year score. However, PHAs are
still required to submit unaudited and audited information in
accordance with Section III.B.3.
5. 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 meet because
the PHAs are not operating. Since this requirement is a statutory one
and not waivable by HUD without further authority, HUD is seeking
legislative relief. 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.
6. 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 replacement housing funds to be used
for two other areas, public housing modernization and homeownership for
public housing families, which will help address housing needs as a
result of the displacement caused by Hurricane Rita.
7. 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 and
HOPE VI funds until issuance of new TDC levels. Until new TDC levels
are issued, PHAs should strive to keep housing costs reasonable given
local market conditions.
8. 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, 2005, 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.
9. 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
Hurricane Rita, 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.
10. 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.
11. 24 CFR 982.401(d) (Housing Quality Standards: Space
Requirements). By regulation, Sec. 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. Again, as noted
from the outset, the waiver of these regulations does not represent a
long-term change but rather a temporary suspension of requirements to
address emergency needs.
12. 24 CFR 982.503(b) (Waiver of payment standard limit;
Establishing Payment Standard Amounts). [Waiver of this Provision
Available through Waiver Request.] Section 982.503(b) imposes a cap on
the amount a PHA may establish as its payment standard amount at 110
percent of the published fair market rent (FMR). In order to expand the
housing available to families displaced by Hurricane Rita, PHAs in
disaster areas may establish separate payment standard amounts up to
120 percent of the published FMR. Higher exception rents above 120
percent may be requested through the described expedited waiver
process, but must be justified by rental housing data. In all cases,
the actual gross rent for the unit leased by the family may not exceed
what is charged for comparable unassisted units in the area.
Note that areas whose rental housing markets have been
significantly affected by families displaced by Hurricane Rita may
request a waiver through the expedited waiver review process, set
forth in Section II of this notice, for approval of payment
standards in excess of 110 percent of the published FMRs. However,
the PHA must
[[Page 66226]]
provide information indicating that (1) they have a significant
number of displaced families and (2) area rents have increased.
13. 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
Sec. 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. This notice exempts PHAs from the minimum program
size (Sec. Sec. 984.105(a) and (b)) for a period of two years.
14. 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, PHAs
administering a section 8 tenant-based assistance program are eligible
to defer compliance with the SEMAP requirements for a period of 12
months.
15. 24 CFR 990.145 (Dwelling Units with Approved Vacancies).
Section 990.145 of the revised 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 Sec.
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.
16. 24 CFR 1000.156 and 1000.158 Indian Housing Block Grant (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
Hurricane Rita, 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 1000.214 (Indian Housing Plan (IHP) Submission
Deadline). To receive an IHBG formula allocation, an Indian tribe or
its TDHE must annually submit an IHP to HUD describing the affordable
housing activities the Indian tribe or TDHE will undertake. Section
1000.214 requires that the IHP must be submitted to HUD no later than
July 1 of each year. This section is waived to permit tribes and TDHEs
to undertake affordable housing activities on behalf of families
displaced by Hurricane Rita, although these activities may not have
been identified in the IHP originally submitted by the tribe or TDHE.
18. 24 CFR 1003.400(c) and Section I.C. of FY 2005 Indian Community
Development Block Grants (ICDBG) Program Notice of Funding Availability
(NOFA) (Grant Ceilings for ICDBG Imminent Threat Applications). The
ICDBG regulations at Sec. 1003.400(c) provide that HUD will establish
grant ceilings for imminent threat applications. On March 21, 2005 (70
FR 13655), HUD published its FY 2005 ICDBG NOFA as part of HUD's FY2005
SuperNOFA. Section I.C. of the FY2005 ICDBG NOFA specifies that the
grant ceiling for ICDBG imminent threat requests for FY2005 is
$425,000. This grant ceiling is waived to permit applicants to request
imminent threat funding in excess of $425,000 if necessary to address
disaster-related needs in their communities.
19. 24 CFR 1003.401 and Section I.C. of FY 2005 ICDBG NOFA
(Application Requirements for ICDBG Imminent Threat Funds). The ICDBG
regulations at section 1003.401 provide that, in response to
applications for assistance, HUD may make ICDBG funds available to
applicants to address imminent threats to health and safety. The
regulation further provides that applications must contain the
information specified in the annual ICDBG NOFA. The required
information that must be contained for imminent threat applications for
FY 2005 is located in Section I.C. of the FY 2005 ICDBG NOFA. These
application requirements are waived to permit Indian tribes located in
areas affected by Hurricane Rita to more expeditiously request and
receive ICDBG imminent threat funds. Applicants located in these areas
are still required to submit a request for imminent threat assistance
to HUD in accordance with section 1003.401 and the FY 2005 ICDBG NOFA,
but it is no longer necessary for the request to contain the
information listed in Section I.C. of the NOFA.
20. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The
ICDBG regulations at Sec. 1003.604 require applicants to consult with
residents prior to submitting their funding applications. The
consultation requirements have the potential to delay the ability of
ICDBG recipients to address urgent housing, health, and safety needs of
persons displaced by Hurricane Rita. Accordingly, this section is
waived to permit eligible ICDBG applicants to address disaster-related
needs without the need for prior resident consultation.
Dated: October 25, 2005.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. 05-21682 Filed 10-31-05; 8:45 am]
BILLING CODE 4210-33-P