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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