Public Notice: COVID-19 HUD Waivers Update 2

This Public Notice is to inform all interested persons that in response to COVID-19, HUD has issued a series of waivers providing public housing authorities and its residents temporary protection from certain regulations. HUD first issued waivers in April 2020 and through additional notices has restated, incorporated, or amended previously issued waivers, extended the period of availability for waivers, and issued new waivers. Lucas Metropolitan Housing (LMH) has adopted many of these waivers. These may be found in the Latest News section of this website in releases dated May 11, 2020 and August 11, 2020, and in this notice.

In November 2020, HUD issued a new notice restating or incorporating previously issued waivers, extending waiver deadlines, and issuing new waivers. Pursuant to this new notice, LMH maintained all originally adopted waivers, implemented all deadline extensions, and incorporated them by reference into this notice.

Effective November 30, 2020, after a thorough analysis, LMH has implemented additional waivers from the November 2020 notice that directly impact public housing (PH) residents and Housing Choice Voucher (HCV) programs and participation. Also in this notice are waivers adopted from prior notices that were restated, incorporated, extended, or added in this notice and, with their effective dates.

Effective November 2020

• PH-13 Over-Income Limit: Termination Requirement. Waives the requirement that a family whose income has exceeded the over-income limit for the locality for two consecutive years be terminated within 6 months of the third income determination. As an alternative requirement, over-income families will remain public housing households instead of being terminated and will be charged the applicable FMR as the family's monthly rental amount.
• PH-14 Annual Choice of Rent. Allows families an additional opportunity to select an income-based or flat rent.

Effective September 2020

• MS-1 Mainstream Initial Lease Term. PHA may enter initial lease terms of less than one year regardless of whether the shorter lease term is a prevailing market practice.
• MS-2 Mainstream Criminal Background Screening. PHAs may establish, as an alternative requirement, screening requirements for applicants for Mainstream vouchers which are distinct from those in place for its HCV program in general.
• MS-3-Mainstream Age Eligibility to Enter HAP Contract Statutory Authority. As an alternative requirement, the PHA may choose to expand the definition of an eligible non-elderly family member to include those who were issued a voucher prior to turning 62 and were not yet 63 on the effective date of the HAP Contract.

Effective August 2020

MR-1 Family Income and Composition: Delayed Annual Examination. Waives statutory and regulatory requirement to permit PHAs to delay annual reexaminations of Mod Rehab families
• MR-0 Family Income and Composition: Annual examination; Income Verification Requirements. Waives the requirements to use the income hierarchy described by Notice PIH 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 reexam rather than delaying the family's annual reexam as permitted under MR-1.
• MR-3 Family Income and Composition: Interim Examinations. Waives requirements to use the income verification hierarchy as described by Notice PIH 2018-18. Allows PHAs to forgo third-party income verification requirements for interim reexams, 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 reexams.
• MR-4 Enterprise Income Verification (EIV) Monitoring. Waiving the mandatory EIV monitoring requirements.
• Mr-5 PHA Inspection Requirement: Annual Inspections. Waives the annual inspection requirement and allows PHAs to delay annual inspections for Mod Rehab units; All delayed annual inspections must be completed as soon as reasonably possible but no later than one year after the date the annual inspection would have been required absent the waiver.
• MR-6 Adjustment of Utility Allowance. Waives the requirement to allow PHAs to delay the review and update of utility allowances.

Effective July 2020

• PH-11 Designated Housing Plan Renewals. Extends the Plan's effective period through June 30, 2021 for Plans due to expire between July 2, 2020 and June 30, 2021.
• PH-12 Public Housing Agency Annual Self-Inspections. Waives the requirement that the PHA must inspect each project.

Effective April 2020

• 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 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.
• PH and HCV-5 Enterprise Income Verification (EIV) Monitoring. Waives the mandatory EIV monitoring requirements.
• HQS-1 Initial Inspection Requirements. 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 1-year anniversary of date of owner's certification; Will include reminder that HQS waiver does not include a waiver of 24 CFR 35.15, visual assessment for deteriorated paint.
• HQS-2: Project-Based Voucher (PBV) Pre-HAP Contract Inspections: PHA Acceptance of Completed Units. 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 1-year anniversary of date of owner's certification.
• HQS-3 Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Option. Allows for extension of up to 30 days for owner repairs of non-life threatening conditions.
• HQS-4 HQS Initial Inspection Requirement: Alternative Inspection Option. Under Initial HQS Alternative Inspection Option - allows for commencement of assistance payments based on owner certification there are no life-threatening deficiencies; Where self-certification was used, PHA must inspect the unit no later than 1-year anniversary of date of owner's certification.
• HQS-7 PBV Turnover Unit Inspections. Allows PBV turnover units to be filled based on owner certification there are no life-threatening deficiencies. Allows for delayed full HQS inspection NLT than 1-year anniversary of date of owner's certification.
• HQS-9 HQS Quality Control Inspections. Provides for a suspension of the requirement for QC sampling inspections.
• HQS-11 Homeownership Option: Initial HQS Inspection. Waives the requirement to perform an initial HQS inspection in order to begin making homeownership assistance payments; Requires family to obtain independent professional inspection.
• HCV-10 Family Unification Program (FUP): FUP Youth Age Eligibility to Enter HAP Contract. Allows PHAs to increase age to 26 for foster youth initial lease up.
• PH-6 Energy Audits. Allows for delay in due dates of energy audits.
• PH-8 Resident Council Elections. Provides for delay in resident council elections.
• PH-9 Review and Revision of Utility Allowance. Provides for delay in updating utility allowance schedule.

Please note all waivers are subject to change based on LMH and HUD policies and procedures during this pandemic.

Lucas Metropolitan Housing
435 Nebraska Avenue, PO Box 477
Toledo, Ohio 43697-0477
419-259-9400, Fax 419-259-9494
TRS: Dial 711
www.lucasmha.org

Joaquin Cintron Vega, President and Chief Executive Officer