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Response Plan for Waivers

Pursuant to the authority provided under the Coronavirus Aid, Relief and Economic Security (CARES) Act, HUD is waiving and establishing alternative requirements for numerous statutory and regulatory requirements for the Public Housing Program and Housing Choice Voucher (HCV) program. With respect to the Public Housing and HCV programs, use of these waivers is at the discretion of the PHA, however, HUD strongly encourages PHAs to utilize any and all waivers and alternative requirements as necessary to keep public housing and HCV programs operational to the extent practicable. The following is a list of HUD statutory and regulatory waivers utilized by FWBHA.

7. WAIVERS APPLICABLE TO BOTH PUBLIC HOUSING AND HCV PROGRAMS

PH and HCV-1: PHA 5-Year and Annual Plan Submission Dates, Significant Amendment Requirements

For all PHAs, after submission of their first 5-Year Plan, all subsequent 5-Year Plans must be submitted once every five PHA fiscal years, no later than 75 days before the commencement of the PHA's fiscal year. Non-qualified PHAs must also submit their Annual Plan no later than 75 days before the commencement of their fiscal year. Qualified PHAs are not required to submit an annual plan to HUD but are required to hold an annual hearing to discuss proposed plans for the upcoming fiscal year and are required to submit an annual civil rights certification.

Due to the potential postponement of public hearings due to limitation on large public gatherings. HUD is waiving these requirements, and providing alternative deadlines for some PHAs. Specifically, HUD is establishing an alternative requirement under which PHAs with 06/30/2020 or 09/30/2020 fiscal year-end (FYE) dates must submit their 5-Year (if due in 2020) and Annual Plans or civil rights certification for qualified PHAs no later than 10/18/2020 (75 days before 01/01/2021).

The period of availability for the 5-Year/Annual Plan submission varies depending on the end date of the PHA fiscal year,

FWBHA Response

The FWBHA submits an updated 5-Year Plan every year along with its Annual Plan and civil rights certification. The FWBHA has a fiscal year-end date of 06/30/2020. The FWBHA will submit its 5-Year Plan, Annual Plan, and civil rights certification no later than 10/18/2020.

PH and HCV-3: Family Income and Composition: Annual Examination-Income Verification Requirements

PHAs are required to use the Enterprise Income Verification (EIV) System for verification of family income at the annual examination. Regulations require PHAs to use EIV as a third-party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income in accordance with regulations and administrative guidance issued by HUD. PIH Notice 2018-18 describes the required verification hierarchy process PHAs must follow. HUD understands that documentation may be difficult to obtain as a result of the COVID-19 public health emergency. PHAs are also facing challenges with securely accessing HUD systems while many if not all staff are working remotely.

To address these challenges, HUD is waiving the requirements to use the income hierarchy described by PIH Notice 2018-18 and will allow PHAs to forgo third-party income verification requirements for annual reexaminations, including the use of EIV, if the PHA wishes to conduct the annual recertification rather than delaying the family's annual recertification. During the allowable period of availability, PHAs may consider self-certification as the highest form of income verification to process annual reexaminations. This may occur over the telephone (but must be documented by PHA staff with a contemporaneous written record), through an email or postal mail with a self-certification form by the tenant, or through other electronic communications.

PHAs that conduct annual examinations under this waiver/alternative requirement will be responsible for addressing any material discrepancies that may arise later.

The period of availability to conduct annual reexaminations using these modified verification requirements ends on December 31,2020.

FWBHA Response

The FWBHA will continue to conduct annual examinations via mail, telephone, email, and other electronic sources. The FWBHA will consider self-certification as the highest form of income verification when processes annual reexaminations and document appropriately. The FWBHA will also address any material discrepancies that may arise at a later date.

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

For the HCV and public housing programs, PHAs are required to adopt policies (in their Administrative Plans and Admissions and Continued Occupancy Plans (ACOPs), respectively) prescribing when and under what conditions the family must report a change in family composition. However, at any time that a family requests an interim determination is due to a loss in income or a change in family composition.

PHAs are required to use EIV for verification of family income at interim reexamination. Regulations require PHAs to use EIV as a third-party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income in accordance with regulations an administrative guidance issued by HUD. PIH Notice 2018-18 further describes the required verification hierarchy process PHAs must follow.

To assist PHAs that may be prioritizing the processing of interim reexaminations due to decreases in family income and mitigate the challenges of transferring documentation during periods of shelter-in-place/stay-at-home efforts in response to the COVID-19 emergency, HUD is waiving the requirements to use the income verification hierarchy as described by PIH Notice 2018-18. HUD will allow PHAs to forgo third-party income verification requirements for interim reexaminations, including the required use of EIV. During the allowable period of eligibility, PHAs may consider self-certification as the highest form of income verification to process interim reexaminations. This may occur over the telephone (with a contemporaneous written record by the PHA staff person, through an email with a self-certification form by the family, or through other electronic communications.

PHAs that conduct interim reexaminations under this waiver/alternative requirement will be responsible for addressing any material discrepancies that may arise later.

The period of availability ends on December 31,2020.

FWBHA Response

The FWBHA will continue to conduct annual examinations via mail, telephone, email, and other electronic sources. The FWBHA will consider self-certification as the highest form of income verification when processes annual reexaminations and document appropriately. The FWBHA will also address any material discrepancies that may arise at a later date.

8. HOUSING CHOICE VOUCHER PROGRAM WAIVERS-HOUSING QUALITY STANDARDS (HQS) INSPECTIONS

HQS-1:Initial Inspection Requirements

Statute requires that the PHA must inspect the unit before any assistance payment is made to determine whether the unit meets HQS. Statute requires the PHA to conduct the initial inspection within certain time frames after receiving the RFT. Statute provides that the PHA may not approve the assisted tenancy or execute a HAP contract until the unit has been inspected by the PHA and passes HQS. Additionally, statute requires that the PHA must inspect the unit to determine that the unit satisfies the HQS before the beginning of the initial lease term, and that the PHA must perform this inspection within either 15 days or within a reasonable time depending on the size of the PHA.

HUD is waiving these requirements and providing an alternative requirement. In order to place the unit under HAP contract and commence making payments, the PHA may rely on the owner's certification that the owner has no reasonable basis to have knowledge that life threatening conditions exist in the unit or units in question instead of conducting an initial inspection. At a minimum the PHA must require this owner certification. However, the PHA may add other requirements or conditions in addition to the owner's certification but is not required to do so. The PHA is required to conduct an HQS inspection on the unit as soon as reasonably possible but no later than the 1-year anniversary date of the owner's certification.

The period of availability for PHAs to accept owner's self-certification for an initial inspection ends on December 31,2020. For any unit for which a PHA accepted an owner's self-certification, the 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.

FWBHA Response

The FWBHA will rely on owner's and tenant's certifications that the owner and tenant have no reasonable basis to have knowledge that life threatening conditions exist in the units or units in question instead of conducting an initial inspection. The FWBHA will inspect those units that were placed under HAP contract based on the owner's and tenant's self-certifications as soon as reasonably possible but no later than the 1-year anniversary of the date of the owner's certification.

HQS-5: HQS Inspection Requirement: Biennial Inspections

The regulations require the PHA to inspect the unit not less often than biennially during the term of the HAP contract. HUD is waiving this requirement and is allowing PHAs to delay biennial inspections. All inspections must be completed as soon as reasonably possible but no later than one year after the date the biennial inspection would have been required absent the waiver.

The period of availability states that the PHA must conduct the inspection biennial inspection as soon as reasonably possible but no later than one year after the date the biennial inspection would have been required absent the waiver.

FWBHA Response

The FWBHA has chosen to conduct inspections on an annual basis. The annual inspections will be delayed, but will be conducted as soon as reasonably possible but no later than one year after the date the inspection would have been required absent the waiver.

HQS-9: HQS Quality Control Inspections

The regulations require PHAs to conduct supervisory quality control inspections of a sampling of units under contract. HUD is waiving this regulatory requirement.

The period of applicability ends on December 31,2020.

FWBHA Response

The FWBHA will resume conducting HQS quality control inspections on January 1, 2021.

HQS-10: Housing quality standards: Space and Security

The regulation establishes a minimum standard for adequate space for and HCV assisted family. Specifically, it requires that each dwelling unit have at least 1 bedroom or living/sleeping room for each 2 persons. HUD is waiving this requirement for PHAs where the PHA wishes to assist a current participant that needs to add a member or members to the assisted household as a result of the COVID-19 emergency, and the additional family members would result in the unit not meeting the space and security standards. This provision does not apply to an initial or new lease.

For any family occupying a unit that does not meet the space and security requirements pursuant to this waiver, the waiver will be in effect for the duration of the current lease term or one year from the date of this notice, whichever period of time is longer.

FWBHA Response

The FWBHA will allow current participants to add a member or members to their assisted households as a result of the COVID-19 even if it does not comply with the space and security standards.

9. HOUSING CHOICE VOUCHER PROGRAM WAIVERS-GENERAL

HCV-2: Information When a Family is Selected

The regulation requires when the PHA selects a family to participate in the HCV program, the PHA must give the family an oral briefing. HUD is waiving this requirement and as an alternative requirement allowing the PHA to conduct the briefing by other means such as a webcast, video call, or expanded information packet.

The period of availability ends on December 31, 2020.

FWBHA Response

The FWBHA will conduct the briefings using Microsoft Teams and by issuing an expanded information packet.

HCV-3: Term of Voucher - Extensions of Term

The regulation provides that at its discretion, the PHA may grant a family one or more extensions of the initial voucher term in accordance with the PHA policy as described in the PHA administrative plan. HUD is waiving the requirement that the extension(s) must be accordance with the PHA's administrative plan in order to allow the PHA to provide extensions even though it has been unable to formally amend its policy in the administrative plan.

The period of availability ends on December 31, 2020.

FWBHA Response

The FWBHA will allow extensions of the term of vouchers of up to an additional 60 days.

HCV-4: PHA Approval of Assisted Tenancy - When HAP Contract is Executed

The PHA may not make any housing assistance payments to the owner until the HAP contract is executed. The regulation provides that PHA must use best efforts to execute the HAP contract before the beginning of the lease term and that the HAP contract must be executed no later than 60 days from the beginning of the lease term. Any HAP contract executed after the 60-day period is void and the PHA may not pay any housing assistance payments to the owner. HUD is waiving the regulatory requirement to allow PHAs to execute the HAP contract after the 60-day deadline has passed and make housing assistance payments back to the beginning of the lease term. However, the PHA and owner must execute the HAP contract no later than 120 days from the beginning of the lease term.

The period of availability to execute the HAP contract after the normally 60-day period from the beginning of the lease term ends on December 31, 2020.

FWBHA Response

The FWBHA will make all efforts to have HAP contract executed before the beginning of the lease term or by the 60-day deadline. If that is not possible, the FWBHA and owner will execute the HAP contract no later than 120 days from the beginning of the lease term.

HCV-5: Absence from Unit

The regulation requires that a family may not be absent from the unit for a period of more than 180 consecutive calendar days for any reason. HUD is waiving this regulatory requirement to allow the PHA at its discretion to continue housing assistance payments and not terminate the HAP contract due to extenuating circumstances (e.g., hospitalization, extended stays at nursing homes, caring for family members).

The period of availability for the PHA to choose to continue making HAP payments despite the family's absence of more than 180 consecutive days ends on December 31, 2020. The PHA may not make payments beyond December 31,2020, and the HAP contract will terminate on that date if the family is still absent from the unit.

FWBHA Response

The FWBHA will allow a family to be absent from the unit for more than 180 consecutive calendar days if the absence is due to extenuating circumstances.

HCV-6: Automatic Termination of HAP contract

When an HCV family's income increases to the extent that the housing assistance payment is reduced to $0, PHAs are required by this regulation to automatically terminate HAP contracts 180 days after the last housing assistance payment to the owner. In recognition that the COVID-19 emergency is creating economic and employment instability for many families, as well as situations where families may on a temporary basis be adding members whose additional income may result in a $0 HAP subsidy calculation, HUD is waiving this requirement. As an alternative requirement, the PHA, upon written notice to the owner and family, may extend the period of time following the last payment to the owner that triggers the automatic termination of the HAP contract. The extension beyond the normally applicable 180 days is determined by the PHA but may not extend beyond December 31, 2020.

The period of availability for the extension ends December 31, 2020. The PHA may not extend the HAP contract beyond December 31, 2020.

FWBHA Response

The FWBHA may extend the period of time following the last payment to the owner that triggers the automatic termination of the HAP contract.

HCV-8: Utility allowance schedule - required review and revision

The regulations require the PHA to review its schedule of utility allowances each year and revise its allowance for a utility category if there has been a change of 10 percent or more in the utility rate since the last time the utility allowance schedule was revised. HUD is waiving this requirement to allow PHAs to delay the review and update of utility allowances.

Any review and update of utility allowances that were due at some point in time in CY 2020 must be completed no later than December 31, 2020.

FWBHA Response

The FWBHA may delay the review and update of utility allowances, but will complete the update no later than December 31,2020

10.PUBLIC HOUSING PROGRAM WAIVERS

PH-3: Cost and Other Limitations; Types of Labor

This regulation establishes that non-high performer PHAs may use force account labor for modernization activities only when the use of force account labor for such activities has been included in a Capital Fund Program 5-Year Action Plan that is approved by the PHA Board of Commissioners and HUD. HUD will waive this requirement to allow for the use of force account labor for modernization activities even if this activity has not been included in the non-high performer PHA's 5-Year Action Plan.

The period of availability ends on December 31, 2020.

FWBHA Response

The FWBHA may utilize force account labor when needed for modernization activities.

PH-4: ACOP: Adoption of Tenant Selection Policies

The regulation requires that the PHA policies in the ACOP must be duly adopted and implemented. HUD is waiving this requirement to permit PHAs to adopt and implement changes to the ACOP on an expedited basis, without formal board approval. As an alternative requirement, any informally adopted revisions under this waiver authority must be formally adopted as soon as practicable but no later than December 31, 2020. Please note that the requirement for tenant selection policies to be consistent with the fair housing and equal opportunity at § 5.105 remains in effect.

The period of availability ends on September 30, 2020.The PHA must formally adopt such revisions no later than December 31, 2020

FWBHA Response

The FWBHA will make every effort to obtain board approval, but may adopt and implement changes to the ACOP on an expedited basis if necessary and formally adopt revisions no later than December 31, 2020.

PH-5: Community Service and Self-Sufficiency Requirement (CSSR)

The statute and regulations require that each adult resident of public housing, except for any family member that is exempt, must contribute 8 hours per month of community service or participate in an economic self-sufficiency program or a combination of both. A family's noncompliance with the service requirement is grounds for non-renewal of the lease at the end of the lease term. HUD is waiving this requirement and is alternatively suspending the community service and self-sufficiency requirement. If a PHA adopts this waiver, tenants will not be subject to this requirement until the family's next annual reexamination. Upon the family's next annual reexamination, PHAs should report on Form HUD-50058 each individual's CSSR status as either exempt for those that are exempt, or pending for those that are otherwise eligible but for which the suspension prevents a housing authority from determining compliance. After a PHA completes an annual reexamination for any family, the CSSR becomes effective again for family members for the subsequent annual reexamination cycle.

The period of availability ends on March 31, 2021.

FWBHA Response

The FWBHA will suspend all CSSR requirements until the family's next annual reexamination.

PH-7: Over-Income Families

PHAs are required by statute and the Federal Register Notice to terminate or charge an alternative rent to families whose income exceeds the program maximum income level for two consecutive years. HUD defined the two-year time period as two consecutive reexamination cycles. In order to be consistent with the delay in annual reexaminations permitted under waiver PH and HCV-2, HUD is waiving this requirement and is permitting families to remain in their units and to continue to pay the same rental amount until such time that a PHA conducts the next annual income recertification that would impact the family. In order to adopt this waiver, PHAs must also adopt a waiver under PH and HCV-2.

The period of availability ends on December 31, 2020.

FWBHA Response

The FWBHA will permit those families whose income exceeds the program maximum income to remain in their units and to continue to pay the same rental amount until their next annual income recertification.

PH-9: Review and Revision of Utility Allowances

The regulations require the PHA to review at least annually the basis on which utility allowances have been established and revise allowances if required on the basis of that review. Due to shelter-in-place orders, and closures of many non-essential businesses, PHAs are encouraged to focus administration on critical program functions. Further, access to information on changing utility rates may be limited in some jurisdictions. Therefore, HUD is waiving this requirement to allow PHAs to delay the review and update of utility allowances.

Any review and update of utility allowances that were due at some point in time in CY 2020 must be completed by December 31, 2020.

FWBHA Response

The FWBHA may delay the review and updating of utility allowances, but will complete the update no later than December 31, 2020.

PH-10: Tenant Notifications for Changes to Project Rules and Regulations

PHAs are required by this regulation to provide 30-day notice to impacted families for changes to policies, rules and special charges to families. HUD is waiving the requirement to provide such advance notice, except advance notice must be provided for any changes related to tenant charges. Although HUD is waiving the advanced notice, PHAs must still provide adequate notification to impacted families within 30 days of making such changes.

The period of availability ends on December 31, 2020.

FWBHA Response

The FWBHA will make every effort to provide 30-day notice to families for changes to policies, rules, and special charges to families. If the Agency is unable to do so, the FWBHA will still provide notification to families within 30 days of making such changes.

11.PHAS, SEMAP, and Uniform Financial Reporting Standards

  1. PHAS

    Part 902 sets out the indicators by which HUD measures the performance of a PHA. The indicators measure a PHA's physical condition, financial condition, management operations, and Capital Fund obligation and occupancy. HUD is waiving this inspection requirement and is alternatively postponing physical inspections for all PHAs until further notice, except where there is a threat to life or property. HUD will primarily rely on residents' complaints and potentially other sources such as news articles, Congressional inquiries and field office requests to identify threat to life or property.

    Further, for PHA that had a PHAS score pending as of the date of the PIH notice, and for any PHA with a fiscal year ending on or before December 31, 2020, HUD will not issue a new PHAS score unless the PHA requests that a new PHAS score be issued. HUD will instead carry forward the most recent PHAS score on record.

    HUD will resume issuing new PHAS scores beginning with PHAs with fiscal year end dates of March 31, 2021.

  2. SEMAP

    Part 985 sets out the requirements by which Section 8 tenant-based assistance programs are assessed. For PHAs that have a SEMAP score pending as of the date of the PIH notice, and for any PHA with a fiscal year ending on or before December 31, 2020, HUD will not issue a new SEMAP score unless the PHA requests a that new SEMAP score be issued. HUD will instead carry forward the most recent SEMAP score on record.

    HUD will resume issuing new SEMAP scores beginning with PHAs with fiscal year end dates of March 31, 2021.

  3. Uniform financial reporting standards; Filing of financial reports; Reporting Compliance Dates

    Section 5.801 establishes uniform financial reporting standards (UFRS) for PHAs (and other entities). Section 5.801(c) requires that PHAs submit financial information in accordance with 24 CFR § 5.801(b) annually, not later than 60 days after the end of the fiscal year of the reporting period. Section 5.801(d)(1) requires that PHAs submit their unaudited financial statements not later than 60 calendar days after the end of their fiscal year, and that PHAs submit their audited financial statements not later than 9 months after the end of their fiscal year.

    HUD is waiving these requirements and is providing the alternative requirements for the following PHAs:
    1. PHAs with a FYE of June 30, 2019; September 30, 2019; December 31, 2019; and March 31, 2020, and a deadline to submit audited financial information in accordance with 24 CFR § 5.801(b) and (d); and
    2. PHAs with a FYE of December 31, 2019 and March 31, 2020, and a deadline to submit unaudited financial information in accordance with 24 CFR § 5.801(b) and (d).

The period of availability varies by PHA by FYE, see description for details.

12.Other Waivers and Administrative Relief.

a. PHA Reporting Requirements on HUD Form 50058.

PHAs must submit form HUD-50058 no later than 60 calendar days from the effective date of any action recorded on line 2b of the form HUD-50058 or form HUD-50058 MTW. The Notice states HUD will monitor timeliness of reporting and may sanction a PHA for late reporting.

HUD recognizes that PHAs that implement waivers and alternative requirements under this notice likely will submit form HUD-50058 later than 60 calendar days from the effective date of certain actions, particularly related to reexaminations and inspections. HUD is waiving the 60-day deadline and providing that PHAs must submit form HUD- 50058 or HUD-50058 MTW for transactions impacted by implemented waivers and alternative requirements within 90 days of the effective date of action.

Although this waiver provides up to 90 days for PHAs to submit HUD-50058 forms into IMS-PIC, HUD encourages those PHAS that are have operational capacity to do so to continue submitting HUD-50058 forms within the normal 60-day timeframe.

PIH recognizes this Notice and any subsequent Notices providing waiver authority to HUD-50058 submission requirements could impact the PHA's ability to submit HUD- 50058 forms into the IMS-PIC system and potentially result in fatal errors. In order to minimize the occurrence of these errors resulting from implementing these waivers, PIH will be issuing guidance in the near future that will provide PHAs with workarounds to avoid any potential issues in the PIC system.

For PHAs that submit HUD-50058 forms and receive a fatal error, PIH will not require these HUD-50058 forms to be re-submitted consistent with the waiver of reporting provisions in the Notice. PIH encourages these PHAs to not re-submit these forms until after PIH issues the revised guidance for HUD-50058 reporting. For PHAs that submit HUD-50058 forms successfully in the interim period before the new reporting guidance is issued, PIH may require corrections to these HUD-50058 forms and re-submission to IMS-PIC.

The period of availability ends December 31, 2020.

FWBHA Response

To avoid potential fatal errors, the FWBHA may delay submission of form HUD-50058 to PIC until new reporting guidance is issued.

b. Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds

Section 9(j)(1) requires PHAs 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). Section 9(j)(5)(A) 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). Section 9(j)(2) authorizes the Secretary to extend the time period for the obligation of Capital Funds for such period as the Secretary determines necessary if the Secretary determines that the failure of the PHA to obligate assistance in a timely manner is attributable to an event beyond the control of the PHA. The authority for extension of the section 9(j) obligation and extension deadlines for an event beyond the control of the PHA is also found in the implementing regulation at 24 CFR § 905.306 (d)(5). The regulations do not permit extensions of the expenditure dates other than for the period of time of a HUD-approved extension of the obligation deadline.

HUD is extending both the obligation end date and the expenditure end date for all open Capital Fund grants by one year from the current obligation and expenditure end date; however, no programmatic expenditure end date shall be extended beyond one month prior to the closure of the relevant appropriation account, pursuant to 31 U.S.C. § 1552.