HomeMy WebLinkAboutCOVID Waiver updated 5.14.21
EXISTING HOUSING DIVISION
Adopted COVID-19 Statutory and Regulatory Waivers, UPDATED 5/14/21
CHECKLIST
Item Statutory and
Regulatory Waiver
Summary of alternative requirements Availability
Period Ends
OHCD
Adoption
Date
Waiver
Used
Yes or
No
PH and
HCV-3:
Annual
reexam
Income
Verification
requirements
Regulatory Authority
§ 5.233(a)(2)
Sub-regulatory
Guidance PIH Notice
2018-18
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
12/31/21 4/17/20
retro to
4/10/20
PH and
HCV-4
Interim
reexaminatio
ns
Statutory Authority
Section 3(a)(1)
Regulatory Authority
§ 5.233(a)(2),
982.516(c)(2),
960.257(b) and (d)
Sub-regulatory
Guidance
PIH Notice 2018-18
Waives the requirement to use the income
verification requirements, including the
use of EIV, for interim reexaminations
PHAs that implement this waiver will be
responsible for addressing material
income discrepancies that may arise later
12/31/21
4/17/20
retro to
4/10/20
PH and
HCV-6
FSS Contract
of
Participation
Regulatory Authority
§ 984.303(d)
Provides for extensions to FSS contract of
participation
12/31/21 4/17/20
PH and
HCV-9
Eligibility
Determinati
on: SSN and
Citizenship
Verification
Statutory Authority
42 USC 1436a(d)(2)
Regulatory Authority
§§ 5.216(b)(2), (g),
(h), 5.218,
5.508(b)(2)(ii),
(b)(3)(ii), (g)
Sub-regulatory
Guidance
Notice PIH 2012-10
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
For each new admission 1) under this
waiver, the PHA must: review the EIV
Income Report and the IVT Reports to
confirm/validate family-reported
income within 90 days (IMS/PIC)
submission date; print and maintain
copies of the EIV Income and IVT
Reports in the tenant file; and resolve
any income discrepancy with the family
within 60 days of the EIV Income or
IVT Report dates.
PHAs that conduct eligibility
determinations under this
waiver/alternative requirement will be
responsible for addressing any material
discrepancies. The adoption of this
waiver does not authorize any ineligible
family to receive assistance. If a PHA
later determines that an ineligible
family received assistance, the PHA
must take steps to terminate that
family from the program.
12/31/21 5/12/21
PH and HCV-5
EIV System
Monitoring
Regulatory Authority
§ 5.233
Sub-regulatory Guid.
PIH 2018-18
Waives the mandatory EIV monitoring
requirements.
12/31/21
4/17/20
HCV-2
PHA Oral
Briefing
Regulatory Authority
§ 982.301(a)(3)
§ 983.252(a)
Waives the requirement for an oral
briefing
Provides for alternative methods to
conduct required voucher briefing
OHCD will do an expanded briefing
packet via email and mail. Oral
briefing via phone or mail will be done
upon request only.
12/31/21
4/17/20
retro to
4/10/20
HCV-3
Term of
Voucher -
Extensions of
Term
Regulatory Authority
§ 982.303(b)(1)
Allows PHAs to provide voucher
extensions regardless of current PHA
policy
OHCD will allow an additional 30 days
for a maximum of 150 days extension
12/31/21 4/17/20
retro to
4/10/20
HCV-5
Absence from
unit
Regulatory Authority
§ 982.312
Allows for PHA discretion on absences
from units longer than 180 days
PHAs must not make HAP payments
beyond 12/31/21 for units vacant more
than 180 consecutive days
OHCD will allow payment beyond 180
days as a reasonable accommodation
only
12/31/21
4/17/20
HCV-6
Automatic
Termination
of HAP
Contract
Regulatory Authority
§ 982.455
Allows PHA to extend the period of
time after the last HAP payment is
made before the HAP contract
terminates automatically.
12/31/21 5/12/21
HQS-1 Initial
Inspection
Requirements
Statutory Authority
Section 8(o)(8)(A)(i),
Section 8(o)(8)(C)
Regulatory Authority
§§ 982.305(a),
982.305(b), 982.405
Changes initial inspection requirements,
allowing for owner certification
12/31/21 4/17/20
HQS-3Initial
Inspection:
Non-Life-
Threatening
Deficiencies
(NLT) Option
Statutory Authority
Section 8(o)(8)(A)(ii)
Sub-regulatory
Guidance. HOTMA
HCV FR Notice
January 18, 2017
Allows for extension of up to 30 days for
owner repairs of non-life-threatening
conditions
12/31/21 4/17/20
HQS-5
HQS
Inspection
Requirement:
Biennial
Inspections
Statutory Authority
Section 8(o)(D)
Regulatory Authority
§§ 982.405(a),
983.103(d)
Allows for delay in biennial inspections
All delayed biennial inspections must be
completed as soon as reasonably possible
but by no later than 1 year after the date
on which the biennial inspection would
have been required absent the waiver.
12/31/21
6/30/22
4/17/20
HQS-6
HQS Interim
Inspections
Statutory Authority
Section 8(o)(8)(F)
Regulatory Authority
§§ 982.405(g),
983.103(e)
Waives the requirement for the PHA to
conduct interim inspection and requires
alternative method
Allows for repairs to be verified by
alternative method
12/31/21 4/17/20
HQS-10
Housing
Quality
Standards:
Space and
Security
Regulatory Authority
§ 982.401(d)
Waives the requirement that each
dwelling unit have at least 1 bedroom or
living/sleeping room for each 2 persons.
Remains in
effect one year
from lease
term or date of
this Notice,
whichever is
longer
2/19/21