HUD’s Office of Community Planning and Development (CPD) issued a Memorandum containing a second set of regulation waivers on May 22 affecting the Emergency Solutions Grant (ESG), Continuum of Care (CoC), and Housing for Persons with AIDS (HOPWA) programs. The Youth Homelessness Demonstration Program (YHDP) is also included. The first set of waivers was issued on March 31 (see Memo, 4/6).
To use the waivers, recipients must notify the HUD Field Office CPD Director in writing through mail or email no less than two days before they anticipate using the waiver. Recipients must also update program records to include written documentation of the specific conditions that justify the waiver.
Emergency Solutions Grant Program (ESG)
ESG regulations mandate that recipients and subrecipients require people to meet with a case manager at least once a month to ensure long-term housing stability. The March 31 Memorandum waived the monthly case management requirement for two months. The May 22 Memorandum extends the waiver for an additional three months beginning May 22. This applies to ESG funds awarded through the CARES Act (ESG-CV) as well as all “regular” ESG grants.
Continuum of Care Program (CoC)
CoC regulations allow funds to be used for tenant-based rental assistance on either a short-term (up to three months) or a medium-term (up to 24 months) basis. CPD is waiving the limit for people in a permanent housing rapid re-housing project who have reached 24 months of rental assistance: starting on May 22, people can continue receiving rental assistance for three months after a state or local public health official has determined that special pandemic-related measures are no longer necessary.
CoC regulations require people in permanent housing-rapid rehousing projects to meet with a case manager at least once a month to ensure long-term housing stability. The March 31 Memorandum waived the monthly case management requirement for two months. The May 22 Memorandum extends the waiver for an additional three months beginning May 22.
Housing for Persons with AIDS (HOPWA)
HOPWA regulations limit residential assistance for individuals in a short-term supported housing facility to 60 days during any six-month period. Short-Term Rent, Mortgage, and Utility (STRMU) payments to prevent a renter or homeowner from becoming homeless may not be provided for costs accruing over more than 21 weeks in any 52-week period. The May 22 Memorandum allows a short-term supported housing facility to provide residential assistance to any individual up to 120 days in a six-month period. The waiver, in effect for one year, allows STRMU payments to prevent renter or homeowner homelessness for costs accruing up to 52 weeks in a 52-week period.
HOPWA regulations require housing involving a range of HOPWA activities (including rehabilitation, new construction, and operating costs) to meet housing quality standards. CPD is waiving this requirement for one year, provided a grantee or project sponsor is able to inspect a unit using visual technology such as video streaming, and provided written policies are in place about re-inspection when health officials consider it safe.
The Memorandum containing the second set of waivers is at: https://bit.ly/2X54qKE
More information about the CoC and ESG programs is on page 4-82 of NLIHC’s 2020 Advocates’ Guide.
More information about HOPWA is on page 4-79 of NLIHC’s 2020 Advocates’ Guide.