Legal Alert

HUD Makes Numerous COVID-19 Related Waivers Available to Public Housing Authorities

April 13, 2020

HUD on Friday, April 10, 2020, published a lengthy notice making available to public housing authorities (PHAs) a number of waivers for public housing and housing choice voucher (HCV) programs. Areas in which HCV program waivers are available include:

  • Housing quality standards (HQS) inspections for the project-based and tenant-based HCV program * Note the notice makes available a number of inspection waivers
  • Income verification requirements for annual and interim income examinations
  • HCV in-person oral briefings
  • Board of Commissioners approvals for Administrative Plan changes
  • Timing for execution of Housing Assistance Payment (HAP)contracts
  • Requirements for automatic terminations of HAP contracts related to income increases
  • Revisions to HCV utility schedules

Waivers are available for the public housing program in areas including the following:

  • Total Development Costs limits, with an opportunity to exceed applicable limits by 25% without a HUD waiver.
  • Use of force account labor for modernization even if not included in a Capital Fund 5-year action plan
  • Board of Commissioners approvals for changes to Admissions and Continued Occupancy Policies
  • Suspension of community services and economic self-sufficiency requirements
  • Energy audit timing
  • Termination of over-income tenants
  • Resident counsel elections
  • Revisions to utility allowances
  • Tenant notifications for changes to rules and regulations

Additionally, HUD is temporarily suspending the issues of new Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) scores and is granting extensions for submissions of annual financial reports.

Please note, the above is a brief summary of some of the waivers made available through the notice. Additionally, keep in mind that the above waivers have specific end dates and other requirements.

Ballard Spahr will keep clients updated about further details on these waiver requests, and stands ready to assist clients with any questions or issues they implement these waiver requests.


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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

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