Public Notice: COVID-19 HUD Waivers
May 11, 2020 - Toledo, Ohio -
This Public Notice is to inform all interested persons that in response to the COVID-19, HUD has issued a series of waivers providing public housing authorities and their residents temporary relief from certain regulations. After thorough analysis, the Lucas Metropolitan Housing ("LMH") has implemented the following waivers directly impacting public housing ("PH") residents and Housing Choice Voucher ("HCV") programs and participation effective April 10, 2020:
- PH and HCV-1: 5 Year & Annual Plan Submission. Implementation of this waiver permits LMH to push back the submission of the 2021 Annual plan by 4 months and allow changes to a PHA policy, except for changes related to Section 18, Section 22, or the Rental Assistance Demonstration (RAD), that would normally trigger significant amendment requirements of the PHA Plan, without completing the significant amendment process.
- PH and HCV-2: Family Income and Composition: Delayed Annual Examinations. Implementation of this waiver permits LMH to delay annual reexaminations for HCV and Public Housing programs. All annual exams would need to be completed by the end of the year.
- PH and HCV-4: Family Income and Composition: Interim Examinations. Implementation of this waiver permits LMH to forgo 3rd party income verification & EIV for interim exams until July 31, 2020.
- PH and HCV-6: Family Self-Sufficiency (FSS) Contract of Participation: Contract Extension. Implementation of this waiver permits LMH to extend family contracts for "good cause" pursuant to the circumstances surrounding COVID-19. LMHs ability to extend FSS contracts due to COVID-19 circumstances ends December 31, 2020.
- PH and HCV-7: Waiting List: Opening and Closing; Public Notice. Implementation of this waiver permits LMH to forgo required newspaper publication for alternative notification method to make housing available sooner should the waiting list for PH or HCV be opened. Normal notification practices shall resume after July 31, 2020.
- HQS-5: HQS Inspection Requirement-Biennial Inspections. HUD is waiving the requirement that a PHA inspect units not less often than biennially during the term of the HAP contract. HUD is permitting a PHA to delay biennial inspections for both PH and PBV units. All delayed biennial inspections must be completed as soon as reasonably possible but no later than October 31, 2020.
- HQS-6: HQS Interim Inspections. HUD is waiving the requirement that a PHA must inspect a unit within 24 hours if the condition is life-threatening or 15 days if the condition is not life-threatening upon notification that the assisted unit does not comply with the HQS and rely instead of alternative methods of confirmation that the deficiency has been corrected. Inspections will resume July 31, 2020.
- HQS-10: Housing Quality Standards; Space and Security. Implementation of this waiver allows LMH to assist a current participant that needs to add a member or members to the assisted household as a result of the COVID-19 emergency, and the additional family members would result in the unit not meeting the space and security standards. This provision does not apply to an initial or new lease. This waiver will be in effect for the duration of the current lease term or one year from the date of this notice, whichever period is longer.
- HCV-1: Administrative Plan. Implementation of this waiver permits LMH to temporarily revise its Administrative Plan without formal board adoption. Revisions must be formally adopted by the board no later than July 31, 2020.
- HCV-2: Information When Family is Selected-PHA Oral Briefing. Implementation of this waiver permits LMH to conduct the required briefing for a new family in the HCV programs by a webcast, video call, or expanded information packet, instead of in person. Normal interview processes shall resume by July 31, 2020.
- HCV-3: Term of Voucher-Extensions of Term. Implementation of this waiver permits LMH to grant one or more extensions of the term of an initial voucher, even though that may be inconsistent with the Administrative Plan, when it has been unable to formally amend its policy in the administrative plan. This waiver expires July 31, 2020.
- HCV-4: PHA Approval of Assisted Tenancy- When HAP Contract is Executed. Implementation of this waiver permits LMH to execute a HAP contract after the 60-day deadline has passed and make housing assistance payments back to the beginning of the lease term provided, however, both LMH and the property owner must both execute the HAP contract no later than 120 days from the beginning of the lease term. This waiver will end July 31, 2020.
- HCV-5: Absence from Unit. Implementation of this waiver permits LMH, at its discretion, to continue housing assistance payments and not terminate the HAP contract due to extenuating circumstances (e.g., hospitalization, extended stays at nursing homes, caring for family members). LMH will not make payments beyond December 31, 2020 and the HAP contract will be terminated if the family is still absent.
- HCV-6: Automatic Termination of HAP Contract. Implementation of this waiver permits LMH to not automatically terminate $0 HAP contracts within 180 days. In the event LMH does not automatically terminate that $0 HAP contract, it may extend the period following the last payment to the owner that triggers the automatic termination of the HAP contract upon providing the owner written notice of the extension. LMH may not extend HAP contracts beyond December 31, 2020.
- HCV-7: Increase in Payment Standard Under HAP Contract Term. HUD is waiving the requirement that increases in the payment standard, during the term of the contract, be effective as of the date of the family's first regular reexamination on or after the effective date of the increase in the payment standard amount. By implementing this waiver, LMH is permitted to apply the increased payment standard at any time (e.g., interim reexamination, owner rent increase) after the effective date of the increase in the payment standard amount, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family's first regular reexamination following the change. This waiver expires December 31, 2020.
- PH-1: Fiscal Closeout of Capital Grant Funds. Implementation of this waiver permits LMH to extend the deadlines for an ADCC or AMCC falling between March 1, 2020, and September 30, 2020, by 6 months.
- PH-2: Total Development Costs. HUD is waiving the TDC and HCC limits to allow the amount of Public Housing Funds committed to development of a project to exceed the applicable TDC and HCC limits by 25% without a waiver from HUD.
- PH-3: Cost and Other Limitations; Types of Labor. Implementation of this waiver permits LMH to use the force account labor without meeting the requirement that force account labor be on an approved 5-year action plan. The availability of this waiver ends of December 31, 2020.
- PH-4: ACOP: Adoption of Tenant Selection Policies. Implementation of this waiver permits LMH to adopt and implement a change or changes to the ACOP on an expedited basis, without formal board approval. Board must formally adopt changes no later than July 31, 2020.
- PH-5: Community Services and Self-Sufficiency Requirement (CSSR). Implementation of this waiver permits LMH to suspend community service and self-sufficiency requirement until the family's next annual reexamination. This waiver ends March 31, 2021
- PH-7: Over-Income Families. Implementation of this wavier permits LMH to allow families to continue to pay the same rental amount until such time that a PHA conducts the next annual income recertification that would impact the family in the situation where a family's income exceeds the program maximum income level for two consecutive years.
- PH-10: Tenant Notifications for Changes to Project Rules and Regulations. Implementation of this waiver permits LMH to change policies and rules, without providing 30 days' advance notice, provided it still gives impacted families adequate notice within 30 days of making such changes. Changes related to tenant charges still require 30-day advance notice. Normal tenant notification procedures will resume July 31, 2020.
LMH is still evaluating how best to implement the above waivers. It will provide more detailed information to those impacted when that evaluation is completed, and procedures are in place."
Please note that all waivers are subject to change based on LMH and HUD policies and procedures during this pandemic.
Lucas Metropolitan Housing
435 Nebraska Avenue, PO Box 477
Toledo, Ohio 43697-0477
419-259-9400, Fax 419-259-9494
TRS: Dial 711
Joaquin Cintron Vega, President and Chief Executive Officer
Board of Commissioners
William J. Brennan, Chair,
Alisha M. Gant, Vice Chair,
Hugh W. Grefe,
James A. Peppers