Daily Rules, Proposed Rules, and Notices of the Federal Government
This notice applies only to PIH programs or to cross-cutting regulatory or administrative requirements that are applicable to PIH program administrators.
In late October 2012, Superstorm Sandy hit the east coast of the United States, causing loss of life, significant damage to property, and displacement of individuals and families from their homes and communities. The President has called upon all federal agencies to do everything in their power to assist the victims of Superstorm Sandy and to eliminate or reduce “red tape” that will impede the delivery of federal financial assistance and other needed benefits. To that end, this notice identifies HUD regulations and other administrative requirements governing HUD's PIH programs that may be waived or temporarily suspended or deferred in an area declared by the President to be a federal disaster area as a result of Superstorm Sandy (“disaster area”) or for other PIH entities impacted by the storm or providing assistance with Superstorm Sandy recovery and relief efforts.
HUD's Office of Public and Indian Housing (PIH) examined the regulations governing PIH programs and recommended waiver or temporary suspension or deferral of those regulations that the office believes could impede PIH program administrators in their effort to expeditiously assist with housing current PIH program participants who lost housing as a result of Superstorm Sandy as well as others who now need housing assistance under PIH programs as a result of the Superstorm. For the majority of the regulations and administrative requirements listed in this notice and for which a waiver may be granted, HUD did not waive the requirements entirely but deferred compliance until such time as compliance may be feasible; for example, in many cases HUD extended deadlines for reports or other documents that PIH program administrators must submit to HUD. HUD is relying on its experienced partners in the HUD housing-assistance programs who are in the front-line of recovery efforts to meet the challenge of providing decent, safe, and sanitary housing as expeditiously as possible and to comply to the extent possible with the regulations that promote that goal. HUD does not want the time and resources of PHAs, Indian tribes, and THDEs diverted by requirements that are important but can be deferred until such time as a degree of normalcy in operations returns to the disaster areas.
In addition to the waiver of regulatory requirements, some statutory provisions contain built-in waiver provisions that allow administrative waiver of the statutory requirements for cause. Certain of those provisions are included in Section III.A of this notice.
This notice lists all HUD regulatory and administrative requirements that PIH determined needed to be waived or temporarily deferred or suspended during the Superstorm Sandy recovery period. If PHAs, Indian tribes, TDHEs, or other PIH program administrators identify other regulations that they believe should be waived, they should seek a waiver by submitting a waiver request as specified in Section II.C.
PIH program administrators in the Superstorm Sandy disaster areas may defer or suspend compliance with the regulations or other administrative requirements upon the effective date of this notice, for an initial period of 12 months or for such other period as may be specified in this notice. These entities, however, should notify HUD within two weeks of determination of the need to utilize the waived requirements in this notice, or as soon as possible, by contacting HUD in the manner detailed in the following paragraph.
An official of the PHA, TDHE, tribal or local government that seeks the suspension of compliance with requirements listed in this notice must contact HUD in writing (email communication is allowed) and identify the requirements they have chosen to waive using the checklist provided by HUD for this purpose. This checklist is available at
This is a notification process only, and HUD asks that this notification be made to HUD before a PHA begins to rely on one or more or all of the waived or suspended requirements in this notice. While, as noted earlier, HUD does not want to impose additional administrative requirements on PIH program administrators located in the disaster areas during this period, it is important and helpful for HUD to know how these entities are administering their PIH programs during the recovery period. Thus, HUD has tried to make this notification process as easy as possible. HUD will maintain information on the names of the PHAs, Indian tribes, or TDHEs that have deferred compliance with certain regulatory and administrative requirements in accordance with this notice. The regulation or administrative requirement will remain inapplicable for a period of 12 months, or for the period specified below, and will be considered waived or suspended by HUD. If an extension is necessary, this extension may be made available for an additional three months upon notification to HUD following the same notification process described above.
PIH program administrators that are not located in a Superstorm Sandy disaster area but were impacted by the storm or are contributing to relief and recovery efforts may request a waiver of the regulations or administrative requirements listed below by sending the checklist referenced in Section II.A. above to the
Based on experience to date with Superstorm recovery efforts, PIH believes that this notice contains a comprehensive list of waivers that will assist with relief efforts. However, for any regulation or other administrative requirement not listed for which a PIH program administrator seeks waiver or suspension, the program administrator may seek a waiver by sending a request to the
The expedited waiver process is provided only for waiver or suspension of requirements that will assist with the Superstorm Sandy relief and recovery efforts. HUD will not respond to any waiver requests submitted to this email address that are unrelated to relief and recovery of the disaster areas. This email notification process will remain open for use for 75 days after the publication date of this notice.
Generally, waivers of HUD regulations are handled on a case-by-case basis. Under statutory requirements set forth in section 7(q) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)) and its implementing regulations, 24 CFR 5.110,, a regulated party that seeks a waiver of a HUD regulation must request a waiver from HUD in writing and the waiver request must specify the need for the waiver. HUD then responds to the request in writing and, if the waiver is granted, HUD includes a summary of the waiver granted (and all regulatory waivers granted during a three-month period) in a
In a quarterly notice of regulations waived, HUD will identify the PIH program administrators in the disaster areas that are utilizing one or more of the waived regulations in this notice or other regulations for which a waiver was requested or granted. The quarterly notice will also identify PIH program administrators located in non-federally declared disaster areas that are either impacted by the storm or contributing to Superstorm Sandy relief and recovery efforts that requested and were granted waivers in accordance with the expedited waiver process provided in this notice.
The regulatory and administrative requirements set forth in Section III of this notice have been waived or temporarily deferred or suspended as provided in this notice. This action was determined necessary to assist PIH program administrators in the disaster areas in facilitating the identification and delivery of housing for families and individuals displaced from their homes by Superstorm Sandy. PIH program administrators referenced in Section III of this notice (e.g., PHAs, TDHEs), even if, at times, not specifically described as PIH program administrators located in a disaster area, refer only to administrators located in disaster areas.
For Capital Fund grants whose obligation end date has been approved for extension under section 9(j)(2), the expenditure period under section 9(j)(5) is accordingly also extended in the affected areas for 12 months to include the extension approved under section 9(j)(2). The extension of the section 9(j) obligation and extension deadlines made in this notice also apply to the implementing regulation for section 9(j) at 24 CFR 905.120.
The chart provided below indicates when each IHP is due by calendar quarter. If the IHP “Sandy Waiver” submission deadline falls on a weekend or holiday, the IHP will be due on the working day immediately after the weekend or holiday.
In order to assist grantees in providing needed services to individuals impacted by Superstorm Sandy, particularly displaced individuals and households, ICDBG grantees may request that HUD suspend the ICDBG 15 Percent (%) cap on public services. Upon the granting of this waiver, ICDBG grantees may expend up to 100% of their ICDBG grant funds on public services. This applies only to ICDBG funds designated by a grantee to address Superstorm Sandy-related damage in the Presidentially declared disaster areas.
PHAs must keep in mind that although this waiver will allow the PHA to establish payment standards up to 120 percent of the FMR, it does not increase the PHA's program funding. The PHA must continue to manage its program within its budgetary constraints, and the increased costs resulting from the exception payment standards may require the PHA to reduce the number of families it is assisting through attrition or to take other actions to stay within its funding limitations. In addition, it is important to note that the rent reasonableness requirements apply to all housing choice voucher units, regardless of whether the PHA receives an exception payment standard through this expedited waiver process.
Higher exception rents above 120 percent of the FMR may be requested through the expedited waiver process by PHAs located in disaster areas but must be justified by rental housing data. However, the requirement at 24 CFR 982.503(c)(4)(ii) that HUD will only approve an exception payment standard amount above 120 percent of the FMR after six months from the date of HUD approval of an exception payment standard above 110 percent to 120 percent of the FMR is waived for PHAs in disaster areas.