HUD PIH Notice § 2021-34

Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher (including Mainstream and Mod Rehab) Programs (HUD PIH Notices)

HUD guidance — not codified law
Superseded
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2021-34
                                 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                WASHINGTON, DC 20410-5000


OFFICE OF PUBLIC AND INDIAN HOUSING




SPECIAL ATTENTION OF:                               NOTICE PIH 2021-34

Office Directors of Public Housing;                 Issued: December 9, 2021
Regional Directors; Public Housing
Agencies                                            Expires: This notice remains in effect until
                                                    amended, superseded or rescinded.

                                                    Cross References: Notices PIH 2021-14; PIH 2020-
                                                    33; Notice 2020-32; PIH Notice 2020-31; PIH
                                                    2020-22; PIH-2020-20; PIH 2020-13; PIH 2020–
                                                    05; PIH 2019-11;PIH 2018-18; PIH 2018-16; PIH
                                                    2018-01; PIH 2011-64; and 82 FR 5458 (January
                                                    18, 2017); 83 FR 35490 (July 26, 2018)


Subject: Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab) Programs.

1.       Purpose

This Notice advises PHAs that they may apply for certain regulatory waivers that were originally
offered as part of the CARES Act waivers in Notice PIH 2021-14 to provide continued flexibility
during the pandemic and pandemic recovery. HUD will expeditiously respond to these waiver
requests in accordance with Section 106 of the Department of Housing and Urban Development
Reform Act of 1989. PHAs must utilize the process set out by this Notice to submit waiver
requests and justification of good cause to trigger the expedited HUD review.

The use of this expedited waiver process only applies to waivers explicitly stated in Section 5 of
this Notice. PHAs may continue to request other regulatory waivers as necessary to operate its
HCV and PH programs; however, they will not be subject to the expedited process. If a PHA
requests waivers under the expedited process and the general process simultaneously, HUD may
respond first to the waiver request covered by the expedited process and then to the remaining
waiver requests covered by the general process.

This Notice divides flexibilities into three sections that include (a) flexibilities that will continue
with no waivers needed (Section 4); (b) waivers that PHAs can request, and HUD will process
under its expedited process (Section 5), including payment standard; and (c) other regulatory
waivers that PHAs can request, that will not be expedited (Section 6). For further information,
see HUD’s additional guidance on navigating CARES Act waiver expirations.




                                      www.hud.gov         espanol.hud.gov
2.     Background

The Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136)
provided HUD with authority, in the context of the public health emergency, to waive statutes
and regulations (except for requirements related to fair housing, nondiscrimination, labor
standards, and the environment) for the Housing Choice Voucher (HCV) and Public Housing
programs. These waivers provided public housing agencies and authorities (PHAs) with the
flexibility to adjust program practices where necessary so that PHAs could prioritize mission
critical functions. CARES Act waivers and alternative requirements provided administrative
relief to PHAs in response to COVID-19 to assist in complying with public health advisories,
social distancing requirements and efforts to decrease the spread of the virus. Most CARES Act
waivers and alternative requirements contained in notice PIH 2021-14 (published May 5, 2021)
expire on December 31, 2021; specific previously exercised HCV waiver approvals may extend
into 2022.

This Notice provides instruction on expedited waiver processing that would allow for PHAs to
continue to use specific regulatory waivers for the Public Housing and Housing Choice Voucher
(including Mainstream and Mod Rehab) programs. It also provides for an expedited approval
process for one new waiver in the Housing Choice Voucher Program related to payment
standards that will help facilitate leasing, which was not part of the CARES Act waivers.

3.     Statutory waivers

Approximately half of the waivers provided under the CARES Act for HCV and Public Housing
programs were statutory. The CARES Act statutory waivers for PHAs made available through
Notice PIH 2021-14 expire on December 31, 2021 and will not be extended. As a general matter,
HUD does not have the authority to waive statutory requirements; therefore, PHAs should not
send statutory waiver requests to HUD as they will not be approved.

4.     Continued operational flexibilities

Throughout the pandemic, PHAs have streamlined and enhanced its programs to effectively
deliver services remotely using existing regulatory flexibilities. This section describes
operational flexibilities that PHAs may utilize without a waiver or advance approval from HUD.

Deadlines for Capital Fund grants: HUD had previously extended by 24 months the obligation
end dates and expenditure deadlines for any Capital Fund grants that were open on April 20,
2020, as well as for new grants that opened between April 11, 2020, and December 31, 2020.
(Note that any extension in a relevant expenditure deadline is still subject to the limitations of the
Account Closing Statute at 31 U.S.C. 1552.) The subject deadlines for those grants have
previously been adjusted in HUD’s electronic Line of Credit Control System (eLOCCS), and
those extended deadlines continue to be in place for those Capital Fund grants. This flexibility
does not extend to Capital Fund grants that opened on or after January 1, 2021.

Similarly, HUD had previously extended the deadline for the submission of Capital Fund grant
closeout documents, including the Actual Development Cost Certificate (ADCC) and the Actual
Modernization Cost Certificate (AMCC), from 120 days to one year from the end of the period
of performance, for all Capital Fund grants that were open as of March 19, 2020. PHAs may

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submit financial, performance, and other reports, including the ADCC and the AMCC, one year
from the end of the period of performance which, in the case of those Capital Fund grants
covered, is the expenditure end date established in eLOCCS. This flexibility does not extend to
Capital Fund grants that opened on or after March 20, 2020.

Income verification hierarchy: Up-front income verification using HUD’s Enterprise Income
Verification (EIV) system and written third-party verification is considered the highest and best
technique to determine a family’s income. The verification should include the family consent to
release information pursuant to 24 CFR 982.516, 982.551, and 5.230. HUD is aware that in some
situations, third party verification is not available. Examples include: if a PHA has made
numerous attempts to obtain the required verifications with no success; it may not be cost
effective to obtain third party verification of income, assets, or expenses; or when the impact on
total tenant payment is minimal. In these cases, the PHA is required to document in the family
file the reason(s) why third-party verification was not available. The exception to third party
verification can be found at 24 CFR 960.259(c)(1) and 982.516(a)(2). See PIH Notice 2018-18
for reference.
Remote Video HQS inspections: PHAs may perform remote, video-assisted, or “virtual” HQS
inspections for inspecting units or responding to resident requests to identify maintenance needs.
PHAs may also utilize similar means (such as videoconferencing, text messaging and email) to
receive maintenance requests. For more information, see PIH Notice 2020-31.

PHA oral briefing: PHAs may continue to use alternative methods to provide oral briefings.
Acceptable methods can include (but are not limited to) phone, webcast, in-person meetings,
video calls, or other virtual methods. For more information, see PIH Notice 2020-32.

HUD reminds PHAs that Section 504 and the Americans with Disabilities Act require PHAs to
ensure effective communication with and provide reasonable accommodations to individuals
with disabilities. PHAs must operate its housing programs or activities so that they are readily
accessible to and usable by individuals with disabilities. The PHA must ensure that the method
of communication for the briefing provides effective communication for, and allows for equal
participation of, each family member, including those with vision, hearing, and other
communication-related disabilities. PHAs are also reminded that Title VI of the Civil Rights Act
requires PHAs to ensure meaningful access for persons with limited English proficiency. LEP
guidance and information is available in the Federal Register.

5.     Expedited regulatory waiver requests

HUD has determined that some of the regulatory waivers provided in Notice PIH 2021-14 may
continue to be necessary for effective program administration during pandemic recovery. HUD
will consider requests to extend the regulatory waivers listed in Table 1, Section 6 below under
an expedited process when a PHA can justify good cause. Requests must be received by HUD
on or before March 1, 2022, to receive expedited processing.

A PHA may request a waiver or waivers utilizing the process described below in Section 5B,
which HUD may approve under 24 CFR 5.110. A PHA should include justification of good
cause in its waiver request. The good cause justification must include (a) why a PHA needs the

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waiver; (b) the impact on PHA operations or applicants if the waiver is not provided; and (c) the
proposed waiver duration. Waiver duration should be limited to only the time necessary for a
PHA to resume normal operations but may not exceed December 31, 2022. HUD may provide a
shorter timeframe or other conditions as a part of an approval. Examples of good cause may
include:

             Increased vacancy.
             Insufficient staffing levels to address administrative or maintenance backlogs.
             Potential negative impacts to tenants or the onset of housing instability.
             Local pandemic-specific delays or limitations caused by supply chain disruption,
              safety, or social distancing requirements.
             Section Eight Management Assessment Program (SEMAP) indicators affected
              directly or indirectly because of the disruption to PHA operations caused by its
              adoption of CARES Act waivers.

   A.         Expedited Regulatory Waiver Requests Allowed under this Notice

PHAs may request expedited review of waivers under this Notice only for the regulatory
requirements listed in Table 1 below or a Fair Market Rent (FMR) increase as specified in
Section 5C below. Waiver requests must be received on or by March 1, 2022, and are only
available until December 31, 2022, unless noted otherwise.

        Table 1. List of expedited regulatory waivers.
        Item Waiver Name             Regulation        Summary of relief from
                                                       HUD requirements
        (1)    Increase in Payment 982.505(c)(4)       PHAs have the option to increase the
               Standard During                         payment standard for the family at any
               HAP Contract Term                       time after the effective date of the
                                                       increase, rather than waiting for the next
                                                       regular reexamination.


        (2)      SEMAP Score            985.105,          PHAs with a fiscal year end 3/31/22,
                                        985.101           6/30/22, 9/30/22, may request to waive
                                                          the application of SEMAP in its
                                                          entirety, only if the PHA has SEMAP
                                                          indicators affected directly or indirectly
                                                          because of the disruption to PHA
                                                          operations caused by its adoption of
                                                          available CARES Act waivers.




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        Item     Waiver Name          Regulation        Summary of relief from
                                                        HUD requirements
        (3)      Term of Voucher:     982.303(b)(1)     Allows PHAs to grant a family one or
                 Extensions of Term                     more extensions of the initial voucher
                                                        term regardless of the policy described
                                                        in the Administrative Plan. PHAs should
                                                        ensure consistency with these requests
                                                        and remain in compliance with the
                                                        PHA’s informally adopted interim
                                                        standard.

        (4)      Homeownership:       982.634(a)        Allows a PHA to extend
                 Maximum Term of                        homeownership assistance for up to one
                 Assistance                             additional year.

        (5)      Voucher Tenancy:     982.503(b)        PHAs may request an expedited waiver
                 New Payment                            to allow for establishment of payment
                 Standard Amount                        standards from 111 to 120 percent of the
                                                        FMR. PHAs must follow the
                                                        instructions below specific to this
                                                        waiver.

   B.         Instructions for submitting expedited regulatory waiver requests for items
              (1) - (5) in Table 1 above

This section explains the process for submitting expedited waiver requests and provides direction
to PHAs on how to submit requests for processing. A PHA may request a waiver of the HUD
requirements listed above and should include a justification that documents why the waiver is
needed. No waiver(s) requested may be implemented unless written approval from HUD has
been obtained. To ensure expedited processing, PHAs should email its waiver requests to
PIH_Expedited_Waivers@hud.gov with a copy to their local field office public housing
directors. Each request must include:

    (1) An email subject line of: “Expedited Pandemic Regulatory Waiver Request, [PHA
        name and code]”.
    (2) Body of email should include:
           PHA business address and name and email for point of contact.
           Name and Regulation from Chart above of the Waiver(s) extension being
            requested (NOTE: process for new payment standard amount waivers is different
            from the process here; it is specified in Section C below.).
           A PHA-specific justification for the waiver(s) extension that shows good cause.
            (NOTE: please see additional instructions in Section C below for submitting an
            expedited waiver to establish a new payment standard amount.)

Following submission, PIH will reply via email confirming that the request has been received.
The PIH Program Office prepares a final determination for approval by its Assistant Secretary;
and PHAs receive the signed response to the waiver request via email.
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   C.      Additional instructions for submitting an expedited waiver to establish a FMR
           payment standard up to 120 percent of published FMR for item (5) in the table
           above

The pandemic caused disruptions in rental markets across the country that are anticipated to
endure throughout calendar year 2022. As PHAs and HUD gain a greater understanding of
whether market shifts are temporary or will result in permanent changes, additional flexibility is
needed for HCV programs to respond to fluctuations in rents more rapidly. The ability to
establish payment standards more closely aligned to current rent is crucial to being able to use all
available federal resources to provide housing to people experiencing homelessness, seniors,
individuals with disabilities, and families with children. HUD emphasizes that this is a temporary
measure to address volatility as a direct result of the pandemic and will continue to assess its
FMR methodology going forward.

Due to these factors, HUD is allowing PHAs, including PHAs with an approved success rate
payment standard, to request an expedited waiver to allow for establishment of payment
standards up to 120 percent of the FMR. PHAs must demonstrate a good cause justification to
receive approval of the waiver. A PHA may not apply the FMR waiver payment standard until it
receives written approval from HUD. The FMR waiver payment standards generally are only
applicable to the FY 2022 FMRs. However, PHAs with a pending FMR reevaluation who are
required to continue to use the FY 2021 FMRs may request to use this waiver to go up to 120%
of their applicable FMR. PHAs must revert to the basic range for FY 2023 FMRs unless the PHA
requests and HUD approves an additional exception payment standard waiver under 24 CFR
5.110 or 24 CFR 982.503, as applicable.

Using regulatory waiver authority provided in 5.110, HUD will allow for a waiver of
982.503(b)(1)(i) and will establish an alternative requirement to allow the PHA to establish a
payment standard amount for a unit size at any level between 90 percent and 120 percent (as
opposed to 110 percent) of the published FMR or Small Area Fair Market Rent (SAFMR) for
that unit size.

Furthermore, HUD will allow for a waiver of 982.503(b)(1)(iii) and will establish an alternative
requirement to provide that a PHA that is not in a designated SAFMR area or has not opted to
voluntarily implement SAFMRs under 24 CFR 888.113(c)(3) may establish exception payment
standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD
published SAFMRs. The PHA may establish an exception payment standard up to 120 percent
(as opposed to 110 percent) of the HUD published SAFMR for that ZIP code area.

If the PHA intends to establish payment standards based on SAFMR when exercising this FMR
waiver, and is not in a designated SAFMR are, was not previously approved as an opt-in
SAFMR PHA, or did not previously notify HUD of their use of SAFMR exception payment
standards, the PHA must follow the instruction in PIH Notice 2018-01.

All rent reasonableness requirements at 982.507 apply to HCV units, regardless of whether the
PHA has established an alternative or exception payment standard. For this waiver, a PHA must
certify that it meets one of the following good cause reasons:



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   (1) HUD FMR Area Determined to Have Significant Rental Market Fluctuations: The
       PHA’s jurisdiction is in a FMR area identified by HUD to have significant rental market
       fluctuations, where an increase in PHA’s payment standards up to 120 percent of the
       FMR may help the PHA more quickly respond to local circumstances. HUD has posted
       a list of such FMR areas. See the attached FMR area list.
   (2) Utilization Rate: Lower than 98 percent for the current year-to-date or more than a five
       percent reduction in utilization rate occurring between years 2019 and 2021. Utilization
       rate is the higher of unit months leased divided by unit months available, or total HAP
       spent divided by budget authority (including reserves).
   (3) Timely Leasing of Vouchers: If less than 85 percent of the vouchers that the PHA has
       issued in the last six months have leased.
Prior to submission of the waiver request, PHAs must determine the budgetary impacts on its
program and ensure they have the available budget authority to support increased payment
standards. PHAs are encouraged to use the “Payment Standard Tool” to help determine the
budgetary impacts.

6. General process for waiver requests (that are not expedited)

Pursuant to instructions included in Notice PIH 2018-16, PHAs may initiate regulatory waiver
requests with the appropriate Field Office. Each regulatory waiver request must identify the
regulation from which relief is sought and present a good cause justification pursuant to 24 CFR
5.110. PHAs can request many of the regulatory waivers that were offered in PIH Notice 2021-
14 (see Appendix). The general process for waiver requests is as follows:
    (1)     The PHA submits the request for a waiver with good cause justification pursuant to
            24 CFR 5.110 to its Field Office
    (2)     The Field Office submits the request with its recommendation to HUD headquarters
    (3)     The PIH Program Office prepares a final determination for approval by its Assistant
            Secretary; and
    (4)     PHAs receive the signed response to its waiver request by email.

7. For further information: Contact Tesia Irinyenikan, Office of Field Operations, Office of
Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street,
SW, Room 3180, Washington, DC 20410-5000, or email to PIH_Expedited_Waivers@hud.gov.




                                                       _____________/ s /________________
                                                       Dominique Blom
                                                       General Deputy Assistant Secretary
                                                        for Public and Indian Housing




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  Appendix: Regulatory Waivers Not Subject to Expedited Processing


Regulation 24 CFR    Summary of Flexibilities

24 CFR 5.233         PHAs are not subject to the mandatory EIV monitoring requirements.
24 CFR 5.801(d)(1)   Extensions of financial reporting deadlines on uniform financial reporting
                     standards.
24 CFR 882.510       PHAs may delay the review and update of utility allowances for
                     Mainstream.
24 CFR 905.314(c)    Total development costs (TDC) and hard construction cost limit raised to
                     allow approval of amounts above published TDC.
24 CFR 905.314(j)    Allows for the use of force account labor for modernization activities in
                     certain circumstances.
24 CFR 982.158,      The Form 50058 may be submitted within 90 days of its effective date
908.101              instead of 60 days.
24 CFR 960.202(c)    Adoption of tenant selection policies without board approval.
24 CFR               Resident council elections may be delayed.
964.130(a)(1)
24 CFR 965.302       Allows for delay in due dates of energy audits.
24 CFR 965.507       PHAs may delay updating the public housing utility allowance schedule.
24 CFR 966.5         Advance notice is not required for changes to project rules and regulations
                     except for policies related to tenant charges.
24 CFR 982.206(a)    PHAs are not required to issue a public notice when opening and closing
                     waiting list allowing for an alternative process instead.
24 CFR               Dwelling units may exceed the Housing Quality Standard, 1 bedroom or
982.401(d)(2)        living/sleeping room for each 2 persons.
24 CFR 982.455       PHAs may extend the period from the last HAP payment before
                     automatically terminating the HAP contract.
24 CFR 982.517 (c)   PHAs may delay updating HCV utility allowance schedules.
24 CFR 984.303(d)    Provide for “good cause” justification for extensions to the Family Self-
                     Sufficiency (FSS) contract of participation, for causes related to COVID-19
                     pandemic.
24 CFR 982.305(c)    PHAs must not pay HAP to the owner until the contract is executed;
                     although the HAP payments are provided for contracts not executed within
                     the required 60-days.
24 CFR 982.405(b),   Provides for a suspension of the requirement for PHAs to conduct a quality
983.103(e)(3)        control sampling of inspections.
24 CFR 982.54(a)     Administrative Plan policies may be adopted without board approval subject
                     to informal adoption later.
24 CFR 983.211(a);   PHAs may keep a PBV unit under contract for a period that extends beyond
983.258              180 from the last HAP, not to extend beyond a certain date.

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82 FR 5458,       Allows PBV turnover units to be filled based on owner certification there are
HOTMA 101(a)(1)   no life-threatening deficiencies and delays the full HQS inspection no later
                  than 1-year from the anniversary date of the owner certification.




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 HUD FMR Area Determined to Have Significant Rental Market Fluctuations
 1   Acadia Parish, LA HUD Metro FMR Area
 2   Akron, OH MSA
 3   Albany, GA MSA
 4   Albuquerque, NM MSA
 5   Allentown-Bethlehem-Easton, PA HUD Metro FMR Area
 6   Altoona, PA MSA
 7   Anchorage, AK HUD Metro FMR Area
 8   Anderson, IN HUD Metro FMR Area
 9   Anniston-Oxford-Jacksonville, AL MSA
10   Anson County, NC HUD Metro FMR Area
11   Asheville, NC HUD Metro FMR Area
12   Athens-Clarke County, GA MSA
13   Atlanta-Sandy Springs-Roswell, GA HUD Metro FMR Area
14   Atlantic City-Hammonton, NJ MSA
15   Augusta-Richmond County, GA-SC HUD Metro FMR Area
16   Austin-Round Rock, TX MSA
17   Baker County, FL HUD Metro FMR Area
18   Bakersfield, CA MSA
19   Battle Creek, MI MSA
20   Beaufort County, SC HUD Metro FMR Area
21   Bend-Redmond, OR MSA
22   Billings, MT HUD Metro FMR Area
23   Bloomington, IL MSA
24   Boise City, ID HUD Metro FMR Area
25   Bond County, IL HUD Metro FMR Area
26   Box Elder County, UT HUD Metro FMR Area
27   Bremerton-Silverdale, WA MSA
28   Brunswick, GA MSA
29   Burlington, NC MSA
30   Butte County, ID HUD Metro FMR Area
31   Butts County, GA HUD Metro FMR Area
32   Callaway County, MO HUD Metro FMR Area
33   Camden County, NC HUD Metro FMR Area
34   Campbell County, TN HUD Metro FMR Area
35   Cape Coral-Fort Myers, FL MSA
36   Cape Girardeau, MO-IL MSA
37   Chambers County, AL
38   Charleston-North Charleston, SC MSA
39   Charlotte-Concord-Gastonia, NC-SC HUD Metro FMR Area
40   Chattanooga, TN-GA MSA
41   Chester County, SC HUD Metro FMR Area
42   Chilton County, AL HUD Metro FMR Area

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 HUD FMR Area Determined to Have Significant Rental Market Fluctuations
43   Clarendon County, SC HUD Metro FMR Area
44   Clarksville, TN-KY HUD Metro FMR Area
45   Cleveland, TN MSA
46   Coeur d'Alene, ID MSA
47   Colchester-Lebanon, CT HUD Metro FMR Area
48   Colorado Springs, CO HUD Metro FMR Area
49   Columbia, SC HUD Metro FMR Area
50   Cooper County, MO HUD Metro FMR Area
51   Cotton County, OK HUD Metro FMR Area
52   Craven County, NC HUD Metro FMR Area
53   Crestview-Fort Walton Beach-Destin, FL HUD Metro FMR Area
54   Cumberland, MD-WV MSA
55   Dallas County, MO HUD Metro FMR Area
56   Daphne-Fairhope-Foley, AL MSA
57   Davidson County, NC HUD Metro FMR Area
58   Deltona-Daytona Beach-Ormond Beach, FL HUD Metro FMR Area
59   Dover, DE MSA
60   Durham-Chapel Hill, NC HUD Metro FMR Area
61   East Stroudsburg, PA MSA
62   Easton-Raynham, MA HUD Metro FMR Area
63   Elkhart-Goshen, IN MSA
64   Elmira, NY MSA
65   Falls County, TX HUD Metro FMR Area
66   Fayette County, WV HUD Metro FMR Area
67   Fayetteville, NC HUD Metro FMR Area
68   Flagstaff, AZ MSA
69   Flint, MI MSA
70   Fort Lauderdale, FL HUD Metro FMR Area
71   Fort Wayne, IN MSA
72   Franklin County, VA HUD Metro FMR Area
73   Fresno, CA MSA
74   Fulton County, IL HUD Metro FMR Area
75   Gainesville, GA MSA
76   Gates County, NC HUD Metro FMR Area
77   Gem County, ID HUD Metro FMR Area
78   Gettysburg, PA MSA
79   Goldsboro, NC MSA
80   Grady County, OK HUD Metro FMR Area
81   Grand Rapids-Wyoming, MI HUD Metro FMR Area
82   Greensboro-High Point, NC HUD Metro FMR Area
83   Hanford-Corcoran, CA MSA
84   Haralson County, GA HUD Metro FMR Area

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  HUD FMR Area Determined to Have Significant Rental Market Fluctuations
 85   Harnett County, NC HUD Metro FMR Area
 86   Harrisburg-Carlisle, PA MSA
 87   Harrisonburg, VA MSA
 88   Haywood County, NC HUD Metro FMR Area
 89   Hickory-Lenoir-Morganton, NC MSA
 90   Hillsborough County, NH (part) HUD Metro FMR Area
 91   Hinesville, GA HUD Metro FMR Area
 92   Hoke County, NC HUD Metro FMR Area
 93   Holland-Grand Haven, MI HUD Metro FMR Area
 94   Howard County, MO HUD Metro FMR Area
 95   Hudspeth County, TX HUD Metro FMR Area
 96   Huntington County, IN
 97   Huntsville, AL MSA
 98   Iberia Parish, LA HUD Metro FMR Area
 99   Idaho Falls, ID HUD Metro FMR Area
100   Ionia County, MI HUD Metro FMR Area
101   Iredell County, NC HUD Metro FMR Area
102   Jackson, MI MSA
103   Jacksonville, FL HUD Metro FMR Area
104   Jacksonville, NC MSA
105   Jefferson City, MO HUD Metro FMR Area
106   Johnstown, PA MSA
107   Jones County, NC HUD Metro FMR Area
108   Kershaw County, SC HUD Metro FMR Area
109   Killeen-Temple, TX HUD Metro FMR Area
110   King and Queen County, VA HUD Metro FMR Area
111   Kingsport-Bristol-Bristol, TN-VA MSA
112   Kingston, NY MSA
113   Knoxville, TN HUD Metro FMR Area
114   Lafayette, LA HUD Metro FMR Area
115   Lake Havasu City-Kingman, AZ MSA
116   Lakeland-Winter Haven, FL MSA
117   Lamar County, GA HUD Metro FMR Area
118   Lampasas County, TX HUD Metro FMR Area
119   Lancaster County, SC HUD Metro FMR Area
120   Las Vegas-Henderson-Paradise, NV MSA
121   Lima, OH MSA
122   Lincoln County, GA HUD Metro FMR Area
123   Lincoln County, NC HUD Metro FMR Area
124   Lincoln County, OK HUD Metro FMR Area
125   Logan, UT-ID MSA
126   Long County, GA HUD Metro FMR Area

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  HUD FMR Area Determined to Have Significant Rental Market Fluctuations
127   Macon County, TN HUD Metro FMR Area
128   Macon-Bibb County, GA HUD Metro FMR Area
129   Macoupin County, IL HUD Metro FMR Area
130   Manchester, NH HUD Metro FMR Area
131   Marshall County, MS HUD Metro FMR Area
132   Matanuska-Susitna Borough, AK HUD Metro FMR Area
133   Maury County, TN HUD Metro FMR Area
134   Memphis, TN-MS-AR HUD Metro FMR Area
135   Meriwether County, GA HUD Metro FMR Area
136   Miami-Miami Beach-Kendall, FL HUD Metro FMR Area
137   Michigan City-La Porte, IN MSA
138   Midland, MI MSA
139   Mobile, AL HUD Metro FMR Area
140   Moniteau County, MO HUD Metro FMR Area
141   Monroe County, GA HUD Metro FMR Area
142   Montcalm County, MI HUD Metro FMR Area
143   Morgan County, GA HUD Metro FMR Area
144   Morgan County, TN HUD Metro FMR Area
145   Muncie, IN MSA
146   Muskegon, MI MSA
147   Myrtle Beach-North Myrtle Beach-Conway, SC HUD Metro FMR Area
148   Naples-Immokalee-Marco Island, FL MSA
149   Nashua, NH HUD Metro FMR Area
150   New Bedford, MA HUD Metro FMR Area
151   New Haven-Meriden, CT HUD Metro FMR Area
152   Newport-Middleton-Portsmouth, RI HUD Metro FMR Area
153   North Port-Sarasota-Bradenton, FL MSA
154   Norwich-New London, CT HUD Metro FMR Area
155   Ocala, FL MSA
156   Oconto County, WI HUD Metro FMR Area
157   Ogden-Clearfield, UT HUD Metro FMR Area
158   Okmulgee County, OK HUD Metro FMR Area
159   Oktibbeha County, MS
160   Orlando-Kissimmee-Sanford, FL MSA
161   Ottawa County, OH HUD Metro FMR Area
162   Palm Bay-Melbourne-Titusville, FL MSA
163   Palm Coast, FL HUD Metro FMR Area
164   Pamlico County, NC HUD Metro FMR Area
165   Parke County, IN HUD Metro FMR Area
166   Pawnee County, OK HUD Metro FMR Area
167   Peach County, GA HUD Metro FMR Area
168   Pender County, NC HUD Metro FMR Area

                                                                           4
  HUD FMR Area Determined to Have Significant Rental Market Fluctuations
169   Pensacola-Ferry Pass-Brent, FL MSA
170   Phoenix-Mesa-Scottsdale, AZ MSA
171   Polk County, MO HUD Metro FMR Area
172   Port St. Lucie, FL MSA
173   Providence-Fall River, RI-MA HUD Metro FMR Area
174   Punta Gorda, FL MSA
175   Putnam County, IN HUD Metro FMR Area
176   Raleigh County, WV HUD Metro FMR Area
177   Raleigh, NC MSA
178   Reading, PA MSA
179   Reno, NV MSA
180   Riverside-San Bernardino-Ontario, CA MSA
181   Roane County, TN HUD Metro FMR Area
182   Rockingham County, NC HUD Metro FMR Area
183   Rowan County, NC HUD Metro FMR Area
184   Sacramento--Roseville--Arden-Arcade, CA HUD Metro FMR Area
185   San Diego-Carlsbad, CA MSA
186   Santa Fe, NM MSA
187   Savannah, GA MSA
188   Scranton--Wilkes-Barre, PA MSA
189   Sharon, PA HUD Metro FMR Area
190   Sierra Vista-Douglas, AZ MSA
191   Smith County, TN HUD Metro FMR Area
192   Spokane, WA HUD Metro FMR Area
193   Springfield, MO HUD Metro FMR Area
194   St. Louis, MO-IL HUD Metro FMR Area
195   Stevens County, WA HUD Metro FMR Area
196   Stewart County, TN HUD Metro FMR Area
197   Stockton-Lodi, CA MSA
198   Sullivan County, IN HUD Metro FMR Area
199   Sumter, SC HUD Metro FMR Area
200   Tampa-St. Petersburg-Clearwater, FL MSA
201   Tate County, MS HUD Metro FMR Area
202   Taunton-Mansfield-Norton, MA HUD Metro FMR Area
203   Teller County, CO HUD Metro FMR Area
204   Toledo, OH HUD Metro FMR Area
205   Tucson, AZ MSA
206   Tunica County, MS HUD Metro FMR Area
207   Tyler, TX MSA
208   Vermilion Parish, LA HUD Metro FMR Area
209   Virginia Beach-Norfolk-Newport News, VA-NC HUD Metro FMR Area
210   Visalia-Porterville, CA MSA

                                                                           5
  HUD FMR Area Determined to Have Significant Rental Market Fluctuations
211   Waco, TX HUD Metro FMR Area
212   Wakulla County, FL HUD Metro FMR Area
213   Walton County, FL HUD Metro FMR Area
214   Warner Robins, GA HUD Metro FMR Area
215   Warren County, NJ HUD Metro FMR Area
216   Washington County, AL HUD Metro FMR Area
217   Waterbury, CT HUD Metro FMR Area
218   Weirton-Steubenville, WV-OH MSA
219   Wenatchee, WA MSA
220   West Palm Beach-Boca Raton, FL HUD Metro FMR Area
221   Westerly-Hopkinton-New Shoreham, RI HUD Metro FMR Area
222   Wheeling, WV-OH MSA
223   Wilmington, NC HUD Metro FMR Area
224   Winston-Salem, NC HUD Metro FMR Area
225   Yates County, NY HUD Metro FMR Area
226   York-Hanover, PA MSA
227   Yuma, AZ MSA




                                                                           6

Source: Legislative text reproduced verbatim
Plain English

PIH Notice 2021-34, issued December 9, 2021, establishes a framework through which Public Housing Agencies (PHAs) could request expedited HUD review of certain regulatory waivers originally created under the CARES Act, as pandemic-related flexibilities were set to expire on December 31, 2021. The notice identifies three categories of program flexibility: those requiring no waiver at all, those eligible for an expedited approval process (including payment standard adjustments up to 120 percent of the Fair Market Rent), and those subject to the standard, non-expedited waiver process. Waiver approvals under the expedited track were capped at December 31, 2022, and required PHAs to demonstrate good cause, such as staffing shortfalls, increased vacancy, or disruptions caused by pandemic-related supply chain issues.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Owners and managers participating in the Housing Choice Voucher or Public Housing programs should be aware that PIH Notice 2021-34 governed the transition away from CARES Act regulatory flexibilities and shaped how PHAs administered their programs through 2022. Because payment standards—including exception payment standards up to 120 percent of the FMR under item (5) of Table 1—were subject to PHA waiver requests under this notice, operators generally track their local PHA's approved payment standards to understand the subsidy amounts applicable to their units. Landlords participating in HCV programs are also reminded that rent reasonableness requirements under 24 CFR 982.507 continued to apply regardless of any payment standard waiver a PHA may have obtained under this notice.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Public Housing or Housing Choice Voucher households should know that PIH Notice 2021-34 allowed PHAs to seek continued flexibility in program administration during pandemic recovery, including the possibility of higher payment standards that could expand the range of units accessible with a voucher. If a PHA obtained a waiver under this notice—for example, an extension of voucher search time under item (3) of Table 1—that approval would have been reflected in how the PHA administered your voucher during the covered period. Tenants who believe their PHA did not properly apply available flexibilities under PIH Notice 2021-34 may consider contacting their local PHA directly, reaching out to the HUD field office, or consulting a tenant-rights organization for guidance on available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Oct 6, 2026
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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

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