HUD’s Office of Community Planning and Development (CPD) issued a memorandum on December 20 updating some waivers previously available by an earlier memorandum (see Memo, 7/12/21) for the Continuum of Care (CoC) and Housing Opportunities for Persons with AIDS (HOPWA) programs. The new memorandum also offers waivers explicitly for FY21 Emergency Solutions Grant (ESG) funds. These waivers do not apply to ESG grants funded under the CARES Act (ESG-CV) or FY20 or earlier fiscal year ESG grants; those earlier ESG funds remain subject to Notice CPD-21-08 (see Memo, 7/26/21).
Continuum of Care (CoC) Program
The following waivers from the June 30, 2021 memorandum (see Memo, 7/12/21) that would have expired on December 31, 2021 are extended to March 31, 2022.
- Waiving in-person, initial Housing Quality Standards (HQS) inspections if an HQS inspection can be conducted through video streaming, and actual physical inspections are conducted by June 30, 2022.
- Waiving annual in-person HQS re-inspections if an HQS inspection can be conducted through video streaming.
- Allowing two or more people per bedroom or living/sleeping room.
- Allowing rent payments greater than the area’s Fair Market Rent (FMR), provided the unit meets the rent reasonableness standard.
- Allowing leases shorter than one year.
- Allowing people to meet one of the definitions of homeless who are exiting an institution where they lived for 120 days or less (compared to 90 days) and lived in an emergency shelter or place not meant for human habitation immediately before entering the institution.
- Allowing people in rapid re-housing who have reached the 24 months of rental assistance limit to remain if they cannot afford rent without additional rental assistance.
- Waiving the requirement that staff record observation of a person’s disability to be confirmed and accompanied by other evidence to be assisted with Permanent Supportive Housing (PSH).
The following waivers provided in the June 30, 2021 memorandum are not included in the December 31, 2021 memorandum:
- Third-party documentation of income.
- Assistance available at the time of renewal.
- Permanent housing, rapid re-housing monthly case management.
- Limit on eligible housing search time and counseling service.
Housing Opportunities for Persons with AIDS (HOPWA)
The following waivers from the June 30, 2021 memorandum (see Memo, 7/12/21) that expired on September 30, 2021 or would have expired on December 31, 2021 are extended to March 31, 2022
- Waiving in-person, initial Housing Quality Standards (HQS) inspections if an HQS inspection can be conducted through video streaming, and actual physical inspections are conducted by June 30, 2022.
- Allowing rent payments greater than the area’s Fair Market Rent (FMR), provided the unit meets the rent reasonableness standard.
In addition, the memorandum continues to allow two or more people per bedroom or living/sleeping room, a waiver allowed in a March 31, 2020 memorandum that did not establish an end date. The new memorandum establishes an end date of March 31, 2022.
The following waivers provided in the June 30, 2021 memorandum are not included in the December 31, 2021 memorandum:
- Time limits for short-term housing facilities and short-term rent, mortgage, and utility payments.
- Self-certification of income and credible information on HIV status.
Emergency Solutions Grant (ESG)
The memorandum offers waivers explicitly for FY21 Emergency Solutions Grant (ESG) funds; ESG grants funded under the CARES Act (ESG-CV) or FY 2020 or earlier fiscal year ESG grants remain subject to Notice CPD-21-08 (see Memo, 7/26/21).
- Allowing people to meet one of the definitions of homeless who are exiting an institution where they lived for 120 days or less (compared to 90 days) and lived in an emergency shelter or place not meant for human habitation immediately before entering the institution.
- Allowing people to receive assistance if they sublease from a primary leasehold if three conditions are met.
- Allowing people receiving rapid re-housing or homelessness prevention assistance to continue receiving housing relocation and stabilization services even though they have reached the 24-month limit.
- Allowing people receiving rapid re-housing and homelessness prevention assistance to continue receiving rental assistance for more than 24 months during any three-year period.
- Allowing people receiving rapid re-housing or homelessness prevention assistance to lease a unit at above the fair market rent (FMR), provided the unit meets the rent reasonableness standard.
The December 31, 2021 CPD memorandum is at: https://bit.ly/3qKOEm1
More information about CoC is on page 4-84 of NLIHC’s 2021 Advocates’ Guide.
More information about CoC in the context of the coronavirus is on page 10-47 of NLIHC’s 2021 Advocates’ Guide.
More information about HOPWA is on page 4-81 of NLIHC’s 2021 Advocates’ Guide.
More information about HOPWA in the context of the coronavirus is on page 10-44 of NLIHC’s 2021 Advocates’ Guide.
More information about ESG is on page 4-84 of NLIHC’s 2021 Advocates’ Guide.
More information about ESG in the context of the coronavirus is on page 10-47 of NLIHC’s 2021 Advocates’ Guide.