DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5018-N-01]
Regulatory and Administrative Waivers
Granted for Public and Indian Housing Programs to Assist with Recovery
and Relief in Hurricane Katrina Disaster Areas
AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD.
ACTION: Notice.
SUMMARY: This notice advises the public of HUD regulations and other administrative
requirements governing HUD's Office of Public and Indian Housing (PIH) programs that have
been waived in order to facilitate the delivery of safe and decent housing under these programs to
families and individuals who have been displaced from their housing by Hurricane Katrina.
Entities that administer PIH programs, which include public housing agencies (PHAs), Indian
and tribally designated housing entities (TDHEs), and local and tribal governments, and are
located in an area declared by the President to be a federal disaster area as a result of Hurricane
Katrina, may defer compliance with the regulations and other requirements listed in this notice
for an initial period of 12 months or such other period as may be specified in this notice. PIH
program administrators that are not located in a disaster area but assisting with Hurricane Katrina
recovery and relief may request waiver of the regulations and administrative requirements listed
in this notice, and HUD review and response is available through an expedited waiver request
and response process. PIH program administrators, located in an area declared a federal disaster
area as a result of Hurricane Katrina, or PIH program administrators not located in such an area
but assisting with Hurricane Katrina relief and recovery efforts, may request waiver of a
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regulation or other administrative requirement through the expedited waiver process provided in
this notice.
This notice applies only to PIH programs or to cross-cutting regulatory or administrative
requirements that are applicable to PIH program administrators.
DATES: September 27, 2005.
FOR FURTHER INFORMATION CONTACT: PIH Disaster Relief Officer, Office of Policy
Programs and Legislation, Office of Public and Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 4116, Washington, DC 20410-5000,
telephone number (202) 708-4016, extension 4245, or (202) 708-0713, extension 7651. Persons
with hearing or speech impairments may access this number via TTY by calling the Federal
Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
In late August 2005, Hurricane Katrina hit the Gulf Coast area of the United States,
causing unprecedented and catastrophic damage to property, significant loss of life, and the
displacement of tens of thousands of individuals and families from their homes and communities.
The President has called upon all federal agencies to do everything in their power to assist the
victims of Hurricane Katrina, with the top priority being to save and sustain lives. With
recognition that shelter is key to saving and sustaining lives, and following the President's
direction to eliminate or reduce “red tape” that will impede the delivery of federal financial
assistance and other needed benefits, this notice identifies HUD regulations and other
administrative requirements governing HUD's PIH programs that are waived or temporarily
suspended or deferred in an area declared by the President to be a federal disaster area as a result
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of Hurricane Katrina ("disaster area"). In addition, HUD will provide an expedited review
process to waive the requirements listed in this notice upon request from PIH program
administrators that are not located in disaster areas but are assisting with Hurricane Katrina
recovery and relief efforts.
HUD’s Office of Public and Indian Housing examined the regulations governing PIH
programs and recommended waiver or temporary suspension or deferral of those regulations that
the office believes could impede PIH program administrators in their effort to expeditiously
assist with housing current PIH program participants who lost housing as a result of Hurricane
Katrina as well as others who now need housing assistance under PIH programs as a result of the
hurricane. PIH program administrators that are located in a disaster area may defer compliance
with the requirements listed in this notice for an initial period of 12 months under the notification
process described in this notice. The requirements listed in this notice that have been deferred,
or temporarily suspended by waiver include regulatory and other administrative provisions that
require periodic reporting and other information delivery by PHAs, Indian tribes, and TDHEs.
While such reporting is important to ensure effective and efficient administration of PIH
programs, these requirements have been waived in order that PIH program administrators may
focus their time and resources on identifying and providing decent and safe housing during this
period of unparalleled displacement of families and individuals.
For the majority of the regulations and administrative requirements listed in this notice
and for which a waiver was granted, HUD did not waive the requirements entirely but deferred
compliance until such time as compliance may be feasible; for example, in many cases HUD
extended deadlines for reports or other documents that PIH program administrators must submit
to HUD. Because the devastation caused by Hurricane Katrina is unprecedented, and the need
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for housing and other basic life saving and sustaining relief is widespread and immediate, HUD
is relying on its experienced partners in the HUD housing-assistance programs who are in the
front-line of recovery efforts to meet the challenge of providing decent, safe, and sanitary
housing as expeditiously as possible and to comply to the extent possible with the regulations
that promote that goal. HUD does not want the time and resources of PHAs, Indian tribes, and
THDEs diverted by requirements that are important but can be deferred until such time as a
degree of normalcy in operations returns to the disaster areas. As the recovery period proceeds,
HUD may identify other regulations for which waiver or temporary deferral or suspension is
needed or determine that other alternative requirements may be necessary to assist with
facilitation of delivery of housing to those most in need. Any additional HUD waivers or
suspensions or other alternative requirements will be announced by direct notice to PIH program
administrators and by Federal Register publication.
PIH program administrators that are not located in a disaster area but are assisting with
Hurricane Katrina recovery and relief efforts may request waiver of the regulations and
administrative requirements listed in this notice through the expedited waiver request and
response process set forth in this notice.
In addition to the waiver of regulatory requirements, some statutory provisions contain
built-in waiver provisions that allow administrative waiver of the statutory requirements for
cause. Certain of those provisions are included in Section III.A of this notice.
This notice lists HUD regulatory and administrative requirements that the Office of PIH
determined needed to be waived or temporarily deferred or suspended during the Hurricane
Katrina recovery period. If, PHAs, Indian tribes, and TDHEs, and other PIH program
administrators identify other regulations that they believe should be waived, they should seek a
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waiver by submitting a waiver request, which specifies the need for a waiver, to the email
address provided below in Section II, which describes the expedited waiver process.
II.
Waiver Process
A. For PIH Program Administrators in Declared Disaster Areas.
Entities that administer public or Indian housing or voucher programs and are located in
the areas declared a federal disaster area as a result of Hurricane Katrina may defer or suspend
compliance with the regulations and other administrative requirements listed in this notice, with
the exception of the waiver of the provision in Section III.B.12, upon the effective date of this
notice, for an initial period of 12 months or for such other period as may be specified in this
notice. These entities, however, should notify HUD within two weeks of determination of the
need to utilize the waived requirements in this notice, or as soon as possible, by contacting HUD
in the manner detailed in the following paragraph.
An official of the PHA, TDHE, tribal or local government that seeks the suspension of
compliance with requirements listed in this notice must contact HUD in writing (email
communication is allowed) and identify the requirements by section and number utilized in this
notice (e.g., Section III.A.2. Section III.B. 1, 2, 3, etc, or “all of the waived or suspended
requirements in Section III.”). The following email address has been established in order to
expedite the process: PIH_Disaster_Relief@hud.gov. In addition, a checklist of the waived or
suspended requirements is available at HUD's website at www.hud.gov/katrina/proguidance.cfm,
and an eligible PHA can use this checklist to identify the waived or suspended requirements that
it will utilize.
This is a notification process only, and HUD asks that this notification be made to HUD
no later than two weeks after a PHA determines the need to rely on one or more or all of the
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waived or suspended requirements in this notice. While, as noted earlier, HUD does not want to
impose additional administrative requirements on PIH program administrators located in the
disaster areas during this period, it is important for HUD to know (and helpful for HUD to know)
how these entities are administering their PIH programs during the recovery period, as HUD has
tried to make this notification process as easy as possible. HUD will maintain information on the
names of the PHAs, Indian tribes, or TDHEs that have deferred compliance with certain
regulatory and administrative requirements in accordance with this notice. The regulation or
administrative requirement will remain inapplicable for a period of 12 months and will be
considered waived or suspended by HUD for an additional three months upon notification to
HUD following the same notification process described above.
B. For PIH Program Participants in Non-Disaster Declared Areas.
PIH program administrators that are not located in a disaster area but are contributing to
Hurricane Katrina relief and recovery efforts may request a waiver of the regulations or
administrative requirements listed in this notice by sending a request for a waiver to the
PIH_Disaster_Relief@hud.gov email address. The request must specify the need for the waiver
of the requirement. Waiver requests submitted through this email address will receive priority
processing.
C. Regulations and Requirements Not Waived in this Notice.
For any regulation or other administrative requirement not listed in this notice for which a
PIH program administrator seeks waiver or suspension, the program administrator may seek a
waiver by sending a request to the PIH_Disaster_Relief@hud.gov email address. The request
must specify the need for the waiver of the requirement. As noted earlier, waiver requests
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submitted through this email address will receive priority processing, and HUD will respond to
the requestor by email.
The expedited waiver process is provided only for waiver or suspension of requirements
that will assist with the Hurricane Katrina relief and recovery efforts. HUD will not respond to
any waiver requests submitted to this email address that are unrelated to relief and recovery of
the disaster areas.
III. Authority to Grant Waivers
Generally, waivers of HUD regulations are handled on a case-by-case basis. Under
statutory requirements set forth in section 7(q) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(q)), a regulated party that seeks a waiver of a HUD regulation
must request a waiver from HUD in writing and the waiver request must specify the need for the
waiver. HUD then responds to the request in writing and, if the waiver is granted, HUD includes
a summary of the waiver granted (and all regulatory waivers granted during a three-month
period) in a Federal Register notice that is published quarterly. Since the damage to property and
the displacement of families and individuals in the disaster areas is massive, and the need for
regulatory relief in many areas pertaining to HUD-assisted housing is readily apparent, HUD is
suspending its usual regulatory waiver protocols for the disaster areas and has substituted an
expedited process that meets the requirements of section 7(q).
In a quarterly notice of regulations waived, HUD will identify the PIH program
administrators in the disaster areas that are utilizing one or more of the waived regulations in this
notice or other regulations for which a waiver was requested or granted. The quarterly notice
will also identify PIH program administrators that are located in non-federally declared disaster
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areas and are contributing to Hurricane Katrina relief and recovery efforts that requested and
were granted waivers in accordance with the waiver process provided in this notice.
The regulatory and administrative requirements set forth in Section III of this notice have
been waived or temporarily deferred or suspended as provided in this notice. This action was
determined necessary to assist PIH program administrators in the disaster areas in facilitating the
identification and delivery of housing for families and individuals displaced from their homes by
Hurricane Katrina. PIH program administrators referenced in Section III of this notice (e.g.,
PHAs, TDHEs), even if, at times, not specifically described as PIH program administrators
located in a disaster area, refer only to administrators located in disaster areas.
A. Statutory Requirements with Built-In Waiver Authority.
1. Extension of Deadline for Obligation and Expenditure of Capital Funds. Section
9(j)(2) of the U.S. Housing Act of 1937 (42 U.S.C. 1437g(j)(2)) (1937 Act) authorizes the
Secretary to extend the time period for obligation of capital funds by PHAs, as set forth in
section 9(j)(1), for such period as the Secretary determines necessary if the Secretary determines
that the failure of the agency to obligate assistance in a timely manner is attributable to, among
other criteria listed, an event beyond the control of the PHA, or any other reason established by
the Secretary by notice published in the Federal Register. Pursuant to section 9(j)(1) of the 1937
Act, PHAs are required to obligate capital funds not later than 24 months after the date on which
the funds became available, or the date on which the PHA accumulates adequate funds to
undertake modernization, substantial rehabilitation, or new construction of units, plus the period
of any extension approved under section 9(j)(2). The occurrence of Hurricane Katrina was
beyond the control of the PHAs located in the disaster areas and caused such massive and
widespread destruction and displacement that the obligation deadline under section 9(j)(1) of the
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1937 Act is hereby extended pursuant to section 9(j)(2) of the 1937 Act for an additional 12
months for PHAs located in the areas declared a federal disaster area.
In addition, section 9(j)(5)(A) of the 1937 Act requires a PHA to expend capital funds not
later than four years after the date on which the funds become available for obligation, plus the
period of any extension approved under section 9(j)(2). The expenditure period under section
9(j)(5) is accordingly also extended in the affected areas for 12 months to include the extension
approved under section 9(j)(2). The extension of the section 9(j) obligation and extension
deadlines made in this notice also apply to the implementing regulation for section 9(j) at 24
CFR 905.120.
2. Waiver of ICDBG 50 Percent Downpayment Assistance Limitation for Low- and
Moderate-Income Homebuyers. Section 122 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5321) authorizes the Secretary to suspend requirements for activities to
address the damage in a Presidentially declared disaster area. Section 105(a)(24)(D) (42 U.S.C.
5305) permits a grantee to provide downpayment assistance to low- and moderate-income
homebuyers, but limits the assistance to 50 percent of the amount of downpayment the
homebuyer must provide. Because of the extraordinary need for housing among low- and
moderate-income evacuees, HUD finds good cause to permit downpayment assistance of up to
100 percent for the purchase of homes in the disaster area.
B. Regulatory Requirements.
1. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social Security and Employer
Identification Numbers). Section 5.216 addresses the disclosure and verification of Social
Security Numbers and employer identification numbers of applicants for assistance under certain
HUD assisted housing programs. Section 5.216(g) imposes special documentation requirements
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on applicants, and subsection (g)(5) establishes the time limit for submission of this
documentation. The time period required for submission of verification documents is waived for
a period of three months in the case of all families and for a period not to exceed 12 months with
approval.
2. 24 CFR 5.512(c)(Verification of Eligible Immigration Status; Secondary
Verification). Section 5.512 provides the process by which verification of eligible immigration
status must be undertaken for families seeking assistance under certain HUD programs. While
the declaration of eligibility and this verification process is required by statute and cannot be
waived, HUD does have the authority to waive certain deadlines. Section 5.512(d) provides the
time frame under which a secondary verification must be requested of the Immigration and
Customs Enforcement (ICE) by the responsible entity when the primary verification (the
automated verification system) is not conclusive of immigration status. The responsible entity
must request ICE to undertake a secondary verification within 10 days of receipt of the results of
the primary verification, and must provide the ICE with all records on the applicant evidencing
citizen or eligible immigration status that the applicant has provided to the responsible entity.
This notice provides that the time frame under which a secondary verification must be requested
is expanded from 10 days of the date of the results of the primary verification to 90 days from
such date.
3. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform Financial Reporting Standards
(UFRS); Reporting Due Date). These sections establish uniform financial reporting standards
for PHAs and other owners and administrators of HUD-assisted housing. Section 5.801(c)
establishes the financial information requirements and § 5.801(d)(1) establishes the filing
deadline for financial information and provides that PHAs must submit their unaudited financial
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information no later than 60 days after the end of their fiscal year. This deadline is changed from
60 days to 180 days after the end of the PHA’s fiscal year. In addition, § 5.801(d)(1) requires
that PHAs submit their audited financial information no later than nine months after the PHA’s
fiscal year end. For PHAs with fiscal years ending December 31, 2004, and March 31, 2005, this
deadline is changed from nine months to 13 months after the end of the PHA's fiscal year.
Although PHAs are still required to submit unaudited and audited financial information pursuant
to UFRS, they will not be scored under the Public Housing Assessment System (PHAS), as more
fully discussed in Section III.B.4. below.
4. 24 CFR part 902 (Public Housing Assessment System (PHAS)). Part 902 sets out
the indicators by which HUD measures the performance of a PHA. These indicators measure a
PHA's physical condition, financial condition, management operations, and resident service and
satisfaction. For PHAs in the areas declared a federal disaster area beginning with fiscal year
end September 30, 2005, and for those with fiscal years ending March 31, 2005, and June 30,
2005, that have not yet received their physical condition inspections for 2005, the PHAS score
will be the same as their previous year score. However, PHAs are still required to submit
unaudited and audited information in accordance with Section III.B.3.
5. 24 CFR 903.5 (Annual Plan Submission Deadline). Section 5A(h)(2) of the 1937
Act (42 U.S.C. 1437c-1(h)(2)) and 24 CFR 903.5 provide that a PHA Annual Plan must be
submitted no later than 75 days before the commencement of a PHA's fiscal year. Each PHA
affected may have a different fiscal year and for those PHAs that are approaching this
submission deadline, this requirement may be impossible to meet because the PHAs are not
operating. Since this requirement is a statutory one and not waivable by HUD without further
authority, HUD is seeking legislative relief. However, HUD will accept as a submission a letter
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from the PHA stating that HUD should consider its existing annual plan to be the plan for the
next year or until it submits another annual plan. For Capital Fund activities, PHAs may obligate
their Capital Funds for any activity listed in their existing and approved 5-year plan. PHAs
should also submit amendments to their 5-year plan to the extent necessary.
6. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of Replacement Housing
Funds to New Development). Section 905.10 describes the Capital Fund formula. Section
905.10(i) limits the use of replacement housing funds to the development of new public housing.
This section is waived to allow replacement housing funds to be used for two other areas, public
housing modernization and homeownership for public housing families, which will help address
housing needs as a result of the displacement caused by Hurricane Katrina.
7. 24 CFR 941.306 (Maximum Project Cost). Section 941.306 establishes the
calculation of maximum project cost and the calculation of the total development cost. In order
to facilitate the use of capital funds for repairs and construction for needed housing in the
disaster areas, HUD has waived the total development cost (TDC) and housing cost cap limits for
all work funded by the Capital Fund and HOPE VI funds until issuance of new TDC levels.
Until new TDC levels are issued, PHAs should strive to keep housing costs reasonable given
local market conditions.
8. 24 CFR 965.302 (Requirements for Energy Audits). This section establishes the
requirement that all PHAs complete an energy audit for each PHA-owned project under
management, not less than once every five years. PHAs that are required to conduct or update an
audit this year are given an additional 12 months after September 30, 2005, to complete the
audit. HUD is relieving PHAs of this administrative burden so that they may focus on the more
urgent need to house impacted families.
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9. 24 CFR 982.54 (Administrative Plan). This section provides that a PHA must adopt
a written administrative plan that establishes local policies for the administration of the Housing
Choice Voucher Program in accordance with HUD requirements. In order to allow PHAs to
exercise maximum flexibility with program administration as a result of Hurricane Katrina, the
PHA may temporarily revise the administrative plan to address unique circumstances without
PHA Board of Commissioners approval or other authorized PHA official approval if such Board
or officials also waive this requirement.
10. 24 CFR 982.206 (Waiting List; Opening and Public Notice). This section requires
a PHA to give the public notice that families may apply for tenant-based assistance. The
regulation requires a PHA to publish a notice of the opening of the list in a local newspaper of
general circulation, and also by minority media and other suitable means. The requirement to
publish in a newspaper of general circulation and also by minority media is waived, and a PHA
may provide such information on its website and at any of its offices and in a voice mail message
for any callers that may inquire whether a list is opened.
11. 24 CFR 982.401(d) (Housing Quality Standards: Space Requirements). By
regulation, § 982.401 establishes housing quality standards. Section 982.401(d) provides, among
other things, the requirement for adequate space for the family. With respect to space, this
section provides that each dwelling unit must have at least one bedroom or living/sleeping room
for each two persons. The spacing requirements of this section can be waived only if the family
understands and consents to a waiver of this provision. Again, as noted from the outset, the
waiver of these regulations does not represent a long-term change but rather a temporary
suspension of requirements to address emergency needs.
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12. 24 CFR 982.503(b) (Waiver of payment standard limit; Establishing Payment
Standard Amounts). [Waiver of this Provision Available through Waiver Request.]
Section 982.503(b) imposes a cap on the amount a PHA may establish as its payment standard
amount at 110 percent of the published fair market rent (FMR). In order to expand the housing
available to families displaced by Hurricane Katrina, PHAs in disaster areas may establish
separate payment standards amounts up to 120 percent of the published FMR. Higher exception
rents above 120 percent may be requested through the described expedited waiver process, but
must be justified by rental housing data. In all cases, the actual gross rent for the unit leased by
the family may not exceed what is charged for comparable unassisted units in the area.
Note that areas whose rental housing markets have been significantly affected by families
displaced by Hurricane Katrina may request a waiver through the expedited waiver review
process, set forth in Section II of this notice, for approval of payment standards in excess of 110
percent of the published FMRs. However, the PHA must provide information indicating that (1)
they have a significant number of displaced families and (2) area rents have increased.
13. 24 CFR 984.303 (Contract of Participation; Family Self-Sufficiency (FSS)
Program; Extension of Contract) and 24 CFR 984.105 (Minimum Program Size). Part 984
of HUD's regulations provide the requirements for the Section 8 and Public Housing FSS
Program. Section 984.303 sets out the requirements for the contract of participation and
§ 984.303(d) allows for an extension of the FSS program for a period not to exceed two years.
For those families at the end of their initial contract term, the two-year limitation is waived and
PHAs may provide an extension for a period not to exceed three years. This additional time
period would account for any time lost on the FSS contract as a result of the displacement of
families participating in the FSS program. Section 984.105 sets out the requirements for
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minimum FSS program size. This notice exempts PHAs from the minimum program size
(§§ 984.105(a) and (b)) for a period of two years.
14. 24 CFR part 985 (Section 8 Management Assessment Program (SEMAP)). Part
985 sets out the requirements by which section 8 tenant-based assistance programs are assessed.
Similar to the action that HUD has taken with respect to the PHAS regulations in 24 CFR part
902, PHAs administering a section 8 tenant-based assistance program are eligible to defer
compliance with the SEMAP requirements for a period of 12 months.
15. 24 CFR 990.145 (Dwelling Units with Approved Vacancies). Section 990.145 of
the revised Operating Fund Program regulation (79 FR 54984, September 19, 2005) lists the
categories of vacant units that are eligible to receive operating subsidy and, therefore, are
considered approved vacancies. PHAs that had vacant units during the reporting period that
were not “approved” vacancies pursuant to § 990.145, but were available for occupancy, may
treat those units as approved vacancies if: (1) the PHA anticipates the units will be occupied by
families and individuals affected by the disaster during the upcoming funding year, or (2) the
PHA is holding the units vacant for families and individuals affected by the disaster.
16. 24 CFR 1000.156 and 1000.158 (IHBG Moderate Design Requirements for
Housing Development). The IHBG program regulations at §§ 1000.156 and 1000.158 require
that housing developed with IHBG funds must be of moderate design. Under these regulatory
sections, IHBG recipients must either adopt written moderate design standards or comply with
the TDC limits issued by HUD. In recognition of the higher development costs in communities
affected by Hurricane Katrina, and to facilitate the development of housing for families in these
communities, these moderate design requirements are waived for IHBG recipients until issuance
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of new TDC levels. Until new TDC levels are issued, IHBG recipients should strive to keep
housing costs reasonable given local market conditions.
17. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission Deadline). To receive
an IHBG formula allocation, an Indian tribe or its TDHE must annually submit an IHP to HUD
describing the affordable housing activities the Indian tribe or TDHE will undertake. Section
1000.214 requires that the IHP must be submitted to HUD no later than July 1 of each year. This
section is waived to permit tribes and TDHEs to undertake affordable housing activities on
behalf of families displaced by Hurricane Katrina, although these activities may not have been
identified in the IHP originally submitted by the tribe or TDHE.
18. 24 CFR 1003.400(c) and Section I.C. of FY 2005 Indian Community
Development Block Grants (ICDBG) Program Notice of Funding Availability (NOFA)
(Grant Ceilings for ICDBG Imminent Threat Applications). The ICDBG regulations at
§ 1003.400(c) provide that HUD will establish grant ceilings for imminent threat applications.
On March 21, 2005 (70 FR 13655), HUD published its FY 2005 ICDBG NOFA as part of
HUD’s FY2005 SuperNOFA. Section I.C. of the FY2005 ICDBG NOFA specifies that the grant
ceiling for ICDBG imminent threat requests for FY2005 is $425,000. This grant ceiling is
waived to permit applicants to request imminent threat funding in excess of $425,000 if
necessary to address disaster-related needs in their communities.
19. 24 CFR 1003.401 and Section I.C. of FY 2005 ICDBG NOFA (Application
Requirements for ICDBG Imminent Threat Funds). The ICDBG regulations at Section
1003.401 provide that, in response to applications for assistance, HUD may make ICDBG funds
available to applicants to address imminent threats to health and safety. The regulation further
provides that applications must contain the information specified in the annual ICDBG NOFA.
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The required information that must be contained for imminent threat applications for FY 2005 is
located in Section I.C. of the FY 2005 ICDBG NOFA. These application requirements are
waived to permit Indian tribes located in areas affected by Hurricane Katrina to more
expeditiously request and receive ICDBG imminent threat funds. Applicants located in these
areas are still required to submit a request for imminent threat assistance to HUD in accordance
with Section 1003.401 and the FY 2005 ICDBG NOFA, but it is no longer necessary for the
request to contain the information listed in section I.C. of the NOFA.
20. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements). The ICDBG
regulations at § 1003.604 require applicants to consult with residents prior to submitting their
funding applications. The consultation requirements have the potential to delay the ability of
ICDBG recipients to address urgent housing, health, and safety needs of persons displaced by
Hurricane Katrina. Accordingly, this section is waived to permit eligible ICDBG applicants to
address disaster-related needs without the need for prior resident consultation.
Dated: September 27, 2005
Roy A. Bernardi, Deputy Secretary
