Sneak Preview: Rapid Waiver Process Set for Disaster Area PHAs

(The following was excerpted from a Federal Grants Compliance Expert article.) Public housing agencies (PHAs) seeking relief during presidentially declared disasters (PDDs) now may apply for regulatory and administrative waivers and flexibilities under a Department of Housing and Urban Development (HUD) expedited review process. Waivers available under this process are effective from Jan. 1, 2022, though Dec. 31, 2023.

In a Jan. 5 Federal Register notice, HUD stated that PHAs must request the waivers and flexibilities within 120 days of the initial PDD declaration, and they will be reviewed on an accelerated basis. PHAs should note that waivers of essential program requirements such as property inspection or income verification will not be granted in their entirety, although modifications may be considered. HUD’s ability to grant waivers or approval of alternatives for requirements that are imposed by statute is limited. For example, the agency will not approve waiver requests relating to fair housing, civil rights, labor standards or environmental protection requirements.

A PDD is a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 100-707) that activates an array of federal programs to assist in response and recovery efforts. “When they occur, disasters and their aftermath impose significant barriers and challenges for housing programs to overcome or operate,” according to HUD.

The notice includes a checklist that PHAs seeking waivers must complete and submit to HUD. The checklist must accompany a good-cause justification stating why the waiver is needed for the PHA’s disaster relief and recovery efforts. No requested waiver may be implemented without written approval from HUD.

(The full version of this story has now been made available to all for a limited time here.)

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