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HUD COVID-19 waiver notification to tenants and others

HUD COVID-19 waiver notification to tenants and others

Last updated: January 18, 2022

On May 4, 2021, the U.S. Department of Housing and Urban Development issued Notice PIH 2021-14, waiving select statutory and regulatory requirements for Public Housing Authorities (PHAs) and extending some deadlines from earlier notices (Notices PIH 2020-05, PIH 2020-13 and PIH 2020-33). These waivers provided administrative flexibilities to PHAs in response to the COVID-19 national emergency, enabling SHA to operate largely remotely and help residents and tenants stay safe and stably housed during the early months/years of the COVID pandemic. Use of these waivers was at the discretion of the PHA.

Through a privision in the original PIH notice, PHAs were required to publicly announce the waivers they were adopting. This page identifies the waivers that were utilized by SHA during the applicable time period; most waivers expired on or before 12/31/2021. Exceptions are noted below.

With or without further notice, this information may change if HUD changes requirement dates, period of eligibility or adds new waivers that SHA uses.

Waivers still in use:

Waiver reference in HUD notice

Waiver summary / Relevant dates

Expiration and process moving forward

HCV-2: PHA Oral Briefing

Waives the requirement for SHA to brief households new to HCV or PBV in-person, allowing briefings and materials to be presented by electronic or other means.

Available until 12/31/2021

Extended by PIH Notice 2021-34; no end date given. HCV will continue to conduct oral briefings as appropriate.

PH-8: Resident Council Elections

Provides for a delay in resident council elections.

These must be rescheduled as soon as possible after 12/31/2021. SHA is currently applying for a waiver to extend the pause on resident council elections through 12/31/2022.

Any delayed resident council election will be rescheduled and held as soon as reasonably possible once circumstances permit, after December 31, 2021.

Expired waivers:

Waiver reference in HUD notice

Waiver summary / Relevant dates

Expiration and process moving forward

PH and HCV-2: Family Income and Composition: Delayed Annual Examinations

Permits SHA to delay the annual reexamination of income and family composition.

Expired 6/30/2021.

Utilized Moving to Work (MTW) flexibilities instead of waiver.
PH and HCV-3: Family Income and Composition: Annual Examination: Income Verification Requirements

Waives the requirements to use the income hierarchy, including the use of EIV, and will allow SHA to consider self-certification as the highest form of income verification.

Expired 12/31/2021.

Utilized MTW flexibilities instead of waiver.

PH and HCV-4: Family Income and Composition: Interim Examinations

Waives the requirement to use the income verification requirements, including the use of EIV, for interim reexaminations.

Expired 12/31/2021.

Utilized MTW flexibilities instead of waiver.

PH and HCV-5: Enterprise Income Verification (EIV) Monitoring

Waives the mandatory EIV monitoring requirements.

Expired 12/31/2021.

Expired 12/31/2021. SHA will resume standard monthly and quarterly monitoring of all mandatory EIV reports beginning 1/1/2022.
PH and HCV-8: Eligibility Determination: Income Verification

Waives the third-party income verification requirements for applicants, and will allow PHAs to consider self-certification as the highest form of income verification at admission.

Expired 12/31/2021.

Utilized MTW flexibilities instead of waiver.
PH and HCV-9: Eligibility Determination: Social Security Number and Citizenship Verification

Waives the requirements to obtain and verify social security number documentation and documentation evidencing eligible noncitizen status before admitting applicants to the HCV and Public Housing programs. PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. Individuals admitted under this waiver must provide the required documentation within 90 days of admission to be eligible for continued assistance.

Expired 12/31/2021.

Expired 12/31/2021. Utilized by the Housing Choice Voucher (HCV) program only.  HCV will require such documentation before a voucher may be issued or project-based move-in completed beginning 1/1/2022.

HQS-2: Project-Based Voucher (PBV) Pre-HAP Contract Inspections, PHA Acceptance of Completed Units

Allows property owner of a unit to self-certify that there are no life-threatening deficiencies in the unit.

Expired 12/31/2021.

Where self-certification was used, PHA must inspect the unit no later than 6/30/2022.

Utilized MTW flexibilities instead of waiver.

HQS-9: HQS Quality Control Inspections

Provides for a suspension of the requirement for quality control sampling inspections.

Expired 12/31/2021.

Expired 12/31/2021. HCV will begin conducting quality control inspections on 1/1/2022.

HQS-10: HQS Space and Security

Enables households to add a member(s) even if it causes unit to not meet space requirements. Does not apply to new or initial leases.

Remains in effect one year from lease term or date of Notice, whichever is longer.

Families occupying a unit that does not meet the space and security requirements may continue occupying the unit for the duration of their current lease or until May 3, 2022, whichever is longer.
PH-1: Fiscal Closeout of Capital Grant Funds

Extends deadlines for the submission of Actual Development Cost Certificates (ADCC) and Actual Modernization Cost Certificates (AMCC) (two financial reporting documents required to close out Capital Fund grants).

For ADCC and AMCC forms due between March 1 and September 30, 2020, the deadline for submission is extended by one year.

Housing Operations is no longer utilizing this waiver.

PH-4: ACOP Adoption of Tenant Selection Policies

Waives the need for SHA to obtain Board of Commissioners approval to tenant selection policies in the Admissions and Continued Occupancy Policy (ACOP).

SHA must informally adopt all policies by 12/31/2021 and obtain approval from the Board no later than 9/30/2021.

Housing Operations is no longer utilizing this waiver.
PH-11: Designated Housing Plan Renewals

Extends the effective period for SHA's Designated Housing Plans through June 30, 2021 for Plans due to expire between July 2, 2020 and June 30, 2021.

Expired 6/30/2021.

SHA submitted and received approval of the DHP through 2026.
PH-12: Public Housing Agency Annual Self-Inspections (expired)

Waives the requirement that SHA must inspect each project.

Expired 12/31/2020.

Utilized MTW flexibilities instead of waiver.

HCV-1: Administrative Plan

Waives the need for SHA to obtain Board of Commissioners approval to policies in the HCV Admin Plan.

SHA must informally adopt all policies by 12/31/2021 and obtain approval from the Board no later than 9/30/2021.

HCV did not need this waiver.

HCV-4: PHA Approval of Assisted Tenancy

Extends the time allowed to execute a HAP contract after lease begins (from 60 days to 120 days).

Expired 12/31/2021.

Expired 12/31/2021. Any lease that is effective on or after 1/1/2022 will be subject to the 60-day rule.

HCV-5: Absence from unit

Gives SHA discretion when a household is absent from a unit longer than 180 days.

Expired 12/31/2021.

Expired 12/31/2021. Households that have been absent from their unit for more than 180 days will be terminated from the HCV program effective 1/1/2022.
HCV-6: Automatic Termination of HAP Contract

Allows SHAto extend the period of time after the last HAP payment is made before the HAP contract terminates automatically.

Expired 12/31/2021.

Expired 12/31/2021. Households that have not received a HAP payment in 180 days will be terminated from the HCV program effective 1/1/2022.

HCV-10:Family Unification Program (FUP): FUP Youth Age Eligibility to Enter HAP Contract

Allows SHA to increase the eligibility age of foster youth to up to 25 years of age for purposes of initial lease up.

Expired 12/31/2021.

Expired 12/31/2021. Beginning 1/1/2022, FUP youth eligibility will be determined as otherwise eligible youths who have attained at least 18 years of age and not more than 24 years of age and who have left foster care or will leave foster care within 90 days.

HCV-11: FUP: Length of Assistance for Youth

Allows SHA to suspend terminations of assistance for FUP youth who will reach the 36-month limit between April 10, 2020 and June 31, 2021.

Expired 12/31/2021.

Expired 12/31/2021. Beginning 1/1/2022, FUP youth eligibility will be determined as otherwise eligible youths who have attained at least 18 years of age and not more than 24 years of age and who have left foster care or will leave foster care within 90 days.

HCV-12: FUP: Timeframe for Referral

Allows SHA to accept referrals of otherwise eligible youth who will leave foster care within 120 days.

Expired 12/31/2021.

Expired 12/31/2021. Beginning 1/1/2022, HCV will no longer extend terminations for FUP Youth who have reached the expiration of their voucher.

11c: Uniform Financial Reporting Standards; Filing of Financial Reports; Reporting Compliance Dates

Allows for extensions of financial reporting deadlines.

Expired 3/31/2021.

SHA did not need this waiver.

12c: Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds

Provides an 18-month extension.

For all open Capital Fund grants, 24-month extension from the obligation and expenditure end dates in LOCCS as of 4/10/2020.

All applicable reports have been submitted.
12e: Community Service & Self-Sufficiency Requirement (CSSR) Suspension

Waives the requirement that qualifying adult residents of public housing participate in mandatory community service and/or self-sufficiency programming.

Expired 4/30/2022.

The suspension of the CSSR remains in effect through April 2022. Plans to resume the requirement are still in development.