Guidance on Navigating CARES Act Waiver Expiration

--CARES Act: Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136)

The guidance documents on this page outline planning considerations available to PHAs as they evaluate how to effectively and efficiently navigate the CARES Act Waivers expiration. These documents detail various options available as waivers conclude, presenting them in an accessible format to PHA staff, residents, community members, and governing bodies. Each guide focuses on specific aspects of PHA operations impacted by the CARES Act waiver and provides direction to PHAs on how they may (or must proceed, in some instances) to ensure compliance with regulations and federal housing policy upon expiration of the waivers. HUD did not issue guides for waivers that were either already expired, or where it was not necessary to do so because sufficient information was included in Notice PIH 2021-14 entitled COVID-19 Statutory and Regulatory Waivers and Alternative Requirements for the Public Housing, Housing Choice Voucher (including Mainstream and Mod Rehab), Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program, Revision 3. There will be separate guidance issued for the Section Eight Management Assessment Program (SEMAP) and Public Housing Assessment System (PHAS) waivers at a later date and this site will be updated once the information becomes available.

If you have any questions, please email PIH-COVID@HUD.gov.

Verification

Guidance documents supporting waivers about verifications, and monitoring of income, review of citizenship and social security numbers, and proof of family composition for Public Housing tenants. This section contains information applicable to the Public Housing, Housing Choice Voucher and Mod Rehab programs.

View Verification Guidance here

Expand to view waivers included in this guidance below:
Specific Waivers

PH and HCV-3: Family Income and Composition: Annual Examination: Income Verification Requirements
PH and HCV-5: Enterprise Income Verification (EIV Monitoring)
PH and HCV-8: Eligibility Determination: Income Verification
PH and HCV-9: Eligibility Determination: Social Security Number and Citizenship Verification
MR-0: Family Income and Composition: Annual Examination: Income Verification Requirements
MR-4: Enterprise Income Verification Monitoring

Inspections

Guidance on public housing, Housing Choice Voucher Housing Quality Standards, and Moderate Rehabilitation inspections for PHAs that adopted waivers for inspections that may not be possible or, in some instances, safe during the pandemic. This section contains information applicable to the Public Housing, Mod Rehab, and Housing Choice Voucher programs.

View Inspection Guidance here

Expand to view waivers included in this guidance below:
Specific Waivers

PH-12: Public Housing Agency Annual Self-Inspections
HQS-1: Initial Inspection Requirements
HQS-2: PBV Pre-HAP Contract Inspections: PHA Acceptance of Completed Units
HQS-3: Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Options
HQS-4: HQS Initial Inspection Requirements: Alternative Inspection Option
HQS-5: HQS Inspection Requirement: Biennial Inspections
HQS-6: HQS Interim Inspections
HQS-7: PBV Turnover Unit Inspections
HQS-8: PBV HAP Contract: HQS Inspections to Add or Substitute Units
HQS-9: HQS Quality Control Inspections
HQS-10: HQS: Space and Security
HQS-11: Homeownership Option: Initial HQS Inspection
MR-5: PHA Inspection Requirement: Annual Inspections

Occupancy Policies

Explains waivers designed to afford PHAs the opportunity to allow families to remain in assisted units during the pandemic. This section contains information applicable to the Public Housing and HCV programs.

View Occupancy Policies Guidance here

Expand to view waivers included in this guidance below:
Specific Waivers

HCV-5: Absence from Unit
HCV-6: Automatic Termination of HAP Contract
HCV-14: Mandatory Removal of Unit from PBV HAP Contract
PH-7: Over-Income Families
PH-13: Over-Income Limit: Termination Requirement

PBV and Enhanced Voucher Provisions on Under-Occupied Units

These waivers enabled homeless families to enter into initial lease agreements for under-occupied Project-Based Voucher (PBV) or Rental Assistance Demonstration (RAD) PBV units. This section contains information applicable to the Project-based Voucher, RAD Project-based Voucher, and Enhanced Voucher programs.

View PBV and Enhanced Voucher Provisions on Under-Occupied Units Guidance here

Expand to view waivers included in this guidance below:
Specific Waivers

HCV-15: PBV and Enhanced Voucher Provisions on Under-Occupied Units

Capital Programs

These waivers provided flexibilities for capital program operations, recognizing that PHAs were operating remotely, and that there was a general upheaval of the construction industry. This section also contains information for two additional waivers included in Notice PIH 2020-24. This section contains information applicable to the Public Housing program.

View Capital Programs Guidance here

Expand to view waivers included in this guidance below:

Specific Waivers

PH-1: Fiscal Closeout of Capital Grant Funds
PH-2: Total Development Costs
PH-3: Costs and Other Limitations
12.c: Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds
12.d: Section (j) 1-and 2-Year Substantial Improvement Requirements
Flexibility in the Use of Public Housing Operating Funds and Capital Funds
Capital Fund Administration

Uniform Financial Reporting Standards

HUD waived the requirement that PHAs submit their unaudited financial statements no later than 60 calendar days after the end of their fiscal year and their audited financial statements no later than nine months after the end of their fiscal year.

View Uniform Financial Reporting Standards Guidance here

Expand to view waivers included in this guidance below:

Specific Waivers

11.c: Uniform Financial Reporting Standards: Filing of Financial Reports: Reporting Compliance Dates.

Community Service and Self-Sufficiency Requirement (CSSR)

HUD waived the requirement that each non-exempt adult resident of public housing contributes eight hours per month of community service and/or participation in an economic self-sufficiency program. This section contains information applicable to the Public Housing program.

View Community Service and Self-Sufficiency Requirement (CSSR) Guidance here

Expand to view waivers included in this guidance below:

Specific Waivers

12.e: Community Service and Self-Sufficiency Requirement (CSSR) Suspension

Crosswalk of Waivers from Notice 2021-14 and Associated Guidance

Waiver No.	Name	Guidance	Waiver Expiration Date
PH and HCV-1	PHA 5-Year and Annual Plan Submission: Significant Amendment Requirements	No New Guidance – Reference Notice PIH 2021-14	Varies based on FYE 12/31/20
PH and HCV-2	Family Income and Composition: Delayed Annual Reexamination	No New Guidance Reference Notice PIH 2021-14	6/30/21 All reexams due in CY20 must be completed by 12/31/20. Reexams due between 1/1/21 and 12/31/21 would need to be completed by 12/31/21.
PH and HCV-3	Family Income and Composition: Annual Examination: Income Verification Requirements	Verifications	12/31/21
PH and HCV-4	Family Income and Composition: Interim Examinations	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH and HCV-5	Enterprise Income Verification (EIV Monitoring)	Verifications	12/31/21
PH and HCV-6	Family Self-Sufficiency (FSS) Contract of Participation: Contract Extension	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH and HCV-7	Waiting List: Opening and Closing: Public Notice	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH and HCV-8	Eligibility Determination: Income Verification	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH and HCV-9	Eligibility Determination: Social Security Number and Citizenship Verification	Verifications	12/31/21
HQS-1	Initial Inspection Requirements	Inspections	12/31/21 Where self-certification was used, PHA must inspect the unit no later than 6/30/22
HQS-2	PBV Pre-HAP Contract Inspections: PHA Acceptance of Completed Units	Inspections	12/31/21 Where self-certification was used, PHA must inspect the unit no later than 6/30/22
HQS-3	Initial Inspection: Non-Life-Threatening Deficiencies (NLT) Options	Inspections	12/31/21
HQS-4	HQS Initial Inspection Requirements: Alternative Inspection Option	Inspections	12/31/21 Where self-certification was used, PHA must inspect the unit no later than 6/30/22
HQS-5	HQS Inspection Requirement: Biennial Inspections	Inspections	12/31/21 PHAs must conduct all delayed biennial inspections from CY 2020 as soon as reasonably possible but no later than 6/20/22 and must conduct all delayed biennial inspections from CY 2021 as soon as reasonably possible but no later than 12/31/22.
HQS-6	HQS Interim Inspections	Inspections	12/31/21
HQS-7	PBV Turnover Unit Inspections	Inspections	12/31/21 Allows for delayed full HQS inspection NLT than 6/30/22
HQS-8	PBV HAP Contract: HQS Inspections to Add or Substitute Units	Inspections	12/31/21 Allows for delayed full HQS inspection NLT 6/30/22
HQS-9	HQS Quality Control Inspections	Inspections	12/31/21
HQS-10	HQS: Space and Security	Inspections	Remains in effect one year from lease term or date of this Notice, whichever is longer
HQS-11	Homeownership Option: Initial HQS Inspection	Inspections	12/31/21
HCV-1	Administrative Plan	No New Guidance – Reference Notice PIH 2021-14	9/30/21 Any provisions adopted informally must be adopted formally by 12/31/21
HCV-2	Information When Family is Selected: PHA Oral Briefing	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-3	Term of Voucher: Extension of Term	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-4	PHA Approval of Assisted Tenancy: When HAP Contract is Executed	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-5	Absence from Unit	Occupancy Policies	12/31/21
HCV-6	Automatic Termination of HAP Contract	Occupancy Policies	12/31/21
HCV-7	Increase in Payment Standard During HAP Contract Term	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-8	Utility Allowance Schedule: Required Review and Revision	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-9	Homeownership Option: Homeownership Counseling	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-10	Family Unification Program: FUP Youth Age Eligibility to Enter HAP Contract	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-11	Family Unification Program: Length of Assistance for Youth	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-12	Family Unification Program: Timeframe for Referral	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-13	Homeownership: Maximum Term of Assistance	No New Guidance – Reference Notice PIH 2021-14	12/31/21
HCV-14	Mandatory Removal of Unit from PBV HAP Contract	Occupancy Policies	12/31/21
HCV-15	PBV and Enhanced Voucher Provisions on Under-Occupied Units	PBV and Enhanced Voucher Provisions on Under-Occupied Units	See Guidance
PH-1	Fiscal Closeout of Capital Grant Funds	Capital Programs	Varies by PHA’s grant closeout date.
PH-2	Total Development Costs	Capital Programs	Applies to development proposals submitted to HUD no later than December 31, 2021
PH-3	Costs and Other Limitations	Capital Programs	12/31/21
PH-4	ACOP: Adoption of Tenant Selection Policies	No New Guidance – Reference Notice PIH 2021-14	9/30/21 Any provisions adopted informally must be adopted formally by 12/31/21
PH-5	Community Service and Self-Sufficiency Requirement (CSSR)	Superseded by 12.e
PH-6	Energy Audits	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH-7	Over-Income Families	Occupancy Policies	12/31/21
PH-8	Resident Council Elections	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH-9	Review and Revision of Utility Allowance	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH-10	Tenant Notifications for Changes to Project Rules and Regulations	No New Guidance – Reference Notice PIH 2021-14	12/31/21
PH-11	Designated Housing Plan Renewals	No New Guidance – Reference Notice PIH 2021-14	6/30/2021
PH-12	Public Housing Agency Annual Self-Inspections	Inspections	12/31/21
PH-13	Over-Income Limit: Termination Requirement	Occupancy Policies	12/31/21
PH-14	Annual Choice of Rent	No New Guidance – Reference Notice PIH 2021-14	12/31/21
11.a.	PHAS-Public Housing Assessment System	Separate guidance is forthcoming
11.b.	SEMAP-Section 8 Management Assessment Program	Separate guidance is forthcoming
11.b.1	SEMAP Field Office Confirmatory Review	Separate guidance is forthcoming
11.b.2.	SEMAP Certification Timing	Separate guidance is forthcoming
11.c	Uniform Financial Reporting Standards: Filing of Financial Reports: Reporting Compliance Dates	Uniform Financial Reporting Standards	Varies by PHA FYE
12.a	PHA Reporting Requirements on HUD Form 50058	No New Guidance – Reference Notice PIH 2021-14	PH/HCV: December 31, 2020 MR: June 30, 2021
12.b	Designated Housing Plans: HUD 60-Day Notification	No New Guidance – Reference Notice PIH 2021-14	July 31, 2020
12.c	Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds	Capital Programs	All Capital Fund grants open on April 10, 2020, and for new grants opened between April 11, 2020, and December 31, 2020.
12.d	Section (6j) 1-and 2-Year Substantial Improvement Requirements	No New Guidance – Reference Notice PIH 2021-14	March 31, 2023
12.e	Community Service and Self-Sufficiency Requirement (CSSR) Suspension	Community Service and Self-Sufficiency Requirement (CSSR)	4/30/2022
MR-1	Family Income and Composition: Delayed Annual Examinations	No New Guidance – Reference Notice PIH 2021-14	12/31/21
MR-0	Family Income and Composition: Annual Examination: Income Verification Requirements	Verifications	12/31/21
MR-3	Family Income and Composition: Interim Examination	No New Guidance – Reference Notice PIH 2021-14	12/31/21
MR-4	Enterprise Income Verification Monitoring	Verifications	12/31/21
MR-5	PHA Inspection Requirement: Annual Inspections	Inspections	12/31/21
MR-6	Adjustment of Utility Allowance	No New Guidance – Reference Notice PIH 2021-14	12/31/21
MS-1	Initial Lease Term	No New Guidance – Reference Notice PIH 2021-14	12/31/21
MS-2	Criminal Background Screening	No New Guidance – Reference Notice PIH 2021-14	12/31/21
MS-3	Mainstream Age Eligibility to Enter HAP Contract Statutory Authority	No New Guidance – Reference Notice PIH 2021-14	12/31/21