COVID-19 Statutory and Regulatory Waivers Adopted by HAMC effective 4/10/2020

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

·   10/18/2020

Comments:

These documents will be reviewed and revised as necessary

Impacts:

These documents have already been completed, will be approved by the BOC on 4/20, and then will be submitted to HUD in April.

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 income reexamination of income and family composition

·   HCV PHA must implement HCV-7 for impacted families if they implement this waiver

All annuals due in CY 2020 must be completed by 12/31/2020

All annuals due in CY 2021 must be completed by 12/31/2021

Comments:

The PHA will adopt this waiver with the following guidelines

·      The PHA will process a contract rent increase as an annual action with original re-exam date.

·      The PHA will process an interim re-exam with the information submitted by the family with their delayed reexamination paperwork.

Impacts:

Potential for improper payments

PH and HCV-3 Annual reexamination Income Verification

Regulatory Authority

§5.233(a)(2)

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

12/31/2021

Comments:

Impacts:

·      Potential for program fraud resulting from self-certs

·      May create a little bit of a mess to clean up later (repayment agreements, proposed terms)

·      Ability to complete Annual Reexaminations in a more expeditious manner

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

12/31/2021

Comments:

The PHA will adopt this waiver with the following guidelines

·      If tenants experience an increase in income, an interim will be processed to increase their portion of rent

·      If participants experience a decrease in income, an interim will be processed allowing self-certification statement (signed by the participant is preferred)

Impacts:

·      Potential for program fraud

·      Ability to complete Interim Exams in a more expeditious manner

PH and HCV-5

EIV System Monitoring

Regulatory Authority

§ 5.233

Sub-regulatory Guidance

PIH Notice 2018-18

·   Waives the mandatory EIV monitoring requirements.

12/31/2021

Comments:

The PHA will adopt this waiver with the following stipulation

·      The PHA will continue to monitor EIV reports, however resolution of issues may be delayed

Impacts:

·      Potential for over-subsidizing tenants

PH and HCV-6

FSS Contract of Participation

Regulatory Authority

§ 982.206(a)(2)

PIH Notice 2012-34

·   Provides for extensions to FSS contract of participation

12/31/2021

Comments:

·      The PHA will adopt the ability to extend a client’s FSS contract on a case by case basis, depending on each client’s circumstances

Impacts:

·      Potential for increased HAP costs, if clients who are earning escrow on a monthly basis remain on the program for an extended period of time

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

12/31/2021

Comments:

The PHA will adopt this waiver with the following guidelines

·      The PHA will post information regarding the opening and closing of the waiting list on its web site

·      The PHA wills inform our community partners

·      An automatic reply will be added to all PHA staff member’s e-mails, providing information regarding that opening and closing of the waiting list.

·      Waitlist opening announcement on HAMC’s auto attendant.

Impacts:

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 06/30/2022.

12/31/2021

06/30/2022

Comments:

The PHA will adopt this waiver with the following guidelines

·      Inspections of vacant units will occur as usual

·      Inspections of occupied units will be handled in the following order

1.  Pictures/video/video calls and self-certification, subject to section 1001 penalties

2.  A list of all self-certified inspections will be maintained to ensure that physical inspections are completed at the end of the waiver period

3.  Any self-certified inspections must be signed by both the landlord and the tenant

Impacts:

·   Potential for fraud

·   Potential for improper payments

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 06/30/2022.

12/31/2021

06/30/2022

Comments:

The PHA will adopt this waiver with the following guidelines

·   Inspections of vacant units will occur as usual

·   Inspections of occupied units will be handled in the following order

1.  Pictures/video/videos calls and self-certification, subject to section 1001 penalties

2.  A list of all self-certified inspections will be maintained, to ensure that physical inspections are completed at the end of the waiver period

3.  Any self-certified inspections must be signed by both the landlord and the tenant

Impacts:

·   Potential for fraud

·   Potential for improper payments

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

12/31/2021

Comments:

The PHA will adopt this waiver to allow landlords up to 60 days to complete non-life threatening conditions

Impacts:

Inspector will need to amend their follow up process.

HQS-4

Initial HQS -Alternative Inspections

·   Under Initial HQS Alternative Inspection Option - allows for commencement of assistance payments based on owner certification there are no life-threatening deficiencies

·   PHA must conduct an HQS inspection as soon as reasonably possible but no later than the 1-year anniversary of the date of the owner’s certification.

12/31/2021

PHA must conduct an HQS inspection as soon as reasonably possible but no later than the 1-year anniversary of the date of the owner’s certification.

HAMC will not adopt this waiver.

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 for CY2020 must be completed as soon as reasonably possible but

·   by no later than 06/30/2022.

·   All delayed biennial inspections for CY2021 must be completed as soon as reasonably possible but

by no later than 12/31/2022.

06/30/2022

12/31/2022

Comments:

The PHA will adopt this waiver and will maintain a list of impacted units to ensure that physical inspections are completed within three months of the waiver period

Impacts:

·   Potential for improper payments

·   Potential for clients living in sub-standard housing

HQS-6: HQS Interim Inspections

Statutory Authority:

Section 8(o)(8)(F) of the USHA of 1937

Regulatory Authority:

24 CFR §§ 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

12/31/2021

Comments:

The PHA will adopt this waiver with the following guidelines

·   Inspections of occupied units will be handled in the following order

1.  Pictures/video/video calls and self-certification, subject to section 1001 penalties

2.  A list of all self-certified inspections will be maintained, to ensure that physical inspections are completed at the end of the waiver period

3.  Any self-certified inspections must be signed by both the landlord and the tenant

Impacts:

·   Potential for fraud

·   Potential for improper payments

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

12/31/2021

06/30/2022

Comments:

The PHA will adopt this waiver with the following guidelines

·      Inspections of occupied units will be handled as follows;

1.  Pictures/videos/video calls and self-certification, subject to section 1001 penalties

2.  A list of all self-certified inspections will be maintained, to ensure that physical inspections are completed at the end of the waiver period

3.  Any self-certified inspections must be signed by both the landlord and the tenant

Impacts:

·      Potential for fraud

·      Potential for improper payments

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

12/31/2021

06/30/2022

Comments:

The PHA will adopt this waiver with the following guidelines

·   Inspections of vacant units will occur as usual

·   Inspections of occupied units will be handled in the following order

1.  Pictures/videos/video calls and self-certification, subject to section 1001 penalties

2.  A list of all self-certified inspections will be maintained, to ensure that physical inspections are completed at the end of the waiver period

3.  Any self-certified inspections must be signed by both the landlord and the tenant

Impacts:

·   Potential for fraud

·   Potential for improper payments

HQS-9

HQS QC Inspections

Regulatory Authority

§ 982.405(b)

·   Provides for a suspension of the requirement for QC sampling inspections

12/31/2021

Comments:

The PHA will adopt this waiver and will resume Quality Control Inspections at the end of the waiver period

Impacts:

·   Potential for improper payments

·   Potential for tenants living in sub-standard conditions

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

Comments:

The PHA will adopt this waiver and will resume enforcing Occupancy Standards at the end of the lease term or one year from the date of PIH Notice 2020-05, whichever is longer

Impacts:

·   Potential for tenants living in overcrowded conditions

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

7/31/2020

HAMC will not adopt this waiver.

HCV-1 Administrative Plan

Regulatory Authority

§ 982.54 (a)

·   Waives the requirement to adopt revisions to the admin plan

12/31/2021

Comments:

·   This document will be reviewed and revised as necessary

·   Will need to convene a special Board meeting prior to 12/31/2021 in order to approve any changes

Impacts:

This document had already been completed and will be submitted to HUD via the Agency Plan.  If any other changes are required, additional staff time will need to be dedicated to performing these tasks

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

12/31/2021

Comments:

·   Packets are being distributed to potential clients prior to briefings

·   Briefings are being handled via gotomeeting, phone

Impacts:

·   Increased staff time being spent on briefings

·   Increase postage costs for briefing material that cannot be e-mailed

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

12/31/2021

Comments:

Requests for extensions of vouchers that expired after February 29, 2020 will be granted whether these requests are in writing or over the phone

Impacts:

·   Potential delays in clients leasing up in a unit

·   Clients will have a greater opportunity to find a suitable unit

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

12/31/2021

Comments:

The PHA will allow up to 120 from the beginning of the lease term to the contract signing

Impacts:

·   Potential delays in clients leasing up in a unit

·   Greater flexibility

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

12/31/2021

Comments:

The PHA will continue to make HAP payments through 12/31/2020, unless an annual reexamination is needed, at which time, all payments will stop

Impacts:

·   Potential for increased HAP costs

·   Potential for increased fraud

·   Preservation of housing for families

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

12/31/2020

Comments:

Upon written notice to the owner and family, the PHA will allow zero HAP families to remain on the program until 12/31/2020 or six months from the time the last HAP payment was made, whichever comes first

Impacts:

·   Greater flexibility at this time of uncertainty

·   Provides a safety net for families facing potential job loss

·   Preservation of housing for families

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.

12/31/2020

Comment:

Impacts:

HCV-8

Utility Allowance Schedule

Regulatory Authority

§ 982.517

·   Provides for delay in updating utility allowance schedule

12/31/2021

Comments:

The PHA will make every attempt to update the utility allowance schedule prior to 7/31/2020, however unforeseen circumstances may arise

Impacts:

·   Potential for inaccurate HAP/URP payments

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

12/31/2021

HAMC will not adopt this waiver.

HCV-10

FUP

Statutory Authority

Section 8(x)(2)

·   Allows PHAs to increase age to 26 for foster youth initial lease up

12/31/2021

Comments:

The PHA will adopt this waiver and contact DCS regarding this change

Impacts:

·   Potential for increased leasing

·   Allows us to provide housing assistance to otherwise ineligible population

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 12/31/2021.

Comments:

Automatically waived by HUD

Impacts:

Decreased administrative burden

11c

Financial reporting

Regulatory Authority

§§ 5.801(c), 5.801(d)(1)

·   Allows for extensions of financial reporting deadlines

Varies by PHA FYE

Comments:

The FY19 audited financial statements will be submitted to HUD

The FY20 audited financial statements will be submitted to HUD

Impacts:

None

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

12/31/2020

Comments:

The PHA will make every attempt to submit 50058s within 60 days of the effective date, however unforeseen circumstances may arise making this difficult

Impacts:

·   Potential for inaccurate PIC/EIV reports