Comments due November 15, 2022
Earlier this year, HUD began implementing the Build America, Buy America Act (BABA), which requires PHAs using federal financial assistance to meet a Buy America Preference (BAP) when purchasing iron or steel, construction materials, or manufactured products for any housing project. One of three situations in which HUD can waive the BAP is when it harms the public interest. Yesterday, HUD released two waivers under this public interest component of the law: de minimis and exigent circumstances.
The de minimis waiver would eliminate the BAP for any projects totaling under $250,000 or for financial assistance less than that amount, which HUD notes is the current Simplified Acquisition Threshold. Additionally, HUD includes a “Minor Component” element in which 5% of a project that falls under the BAP can be waived, up to $1 million. The second waiver, covering exigent circumstances, allows PHAs to bypass the BAP in order to respond to urgent needs. In the waiver, HUD specifies exigent circumstances include when the “life, safety, and property of the residents” and community members are impacted by maintenance and other rehabilitation and repair activities in connection with affordable housing and community development.
Additional information from HUD and analysis from NAHRO will be forthcoming. Please see NAHRO’s Direct News, The NAHRO Monitor, and NAHRO’s Comment Letter and Correspondence page for more.
Find the exigent circumstances waiver here and the de minimis waiver here.
The Department of Housing and Urban Development (HUD or the Department) has published a copy of certain modified model forms required by the Violence Against Women Reauthorization Act of 2013 (VAWA), along with requests for additional information collections. The Department has implemented these VAWA legislative provisions through a rule published in 2016. The forms listed below comply with the legislative changes from 2013 and the 2016 implementing rule. In the intervening time, the Violence Against Women Reauthorization Act of 2022 was also enacted. To the extent that the forms need further updating, they will be updated when the newest implementing rule is promulgated.
The VAWA rule, as currently implemented, covers the following HUD programs:
- Section 202 Supportive Housing for the Elderly;
- Section 811 Supportive Housing for Persons with Disabilities;
- Housing Opportunities for Persons with AIDS (HOPWA) program;
- HOME Investment Partnerships (HOME) program;
- Emergency Solutions Grants (ESG) program;
- the Continuum of Care (CoC) program;
- Multifamily rental housing under section 221(d) of the National Housing Act with a below-market interest rate;
- Multifamily rental housing under section 236 of the National Housing Act;
- Public Housing;
- the Housing Choice Voucher program;
- the Section 8 Moderate Rehabilitation Single Room Occupancy program; and
- the Housing Trust Fund.
The Department must provide entities participating in the above programs to provide housing (i.e., covered housing providers [CHPs]) with the certain model documents. These model documents have been modified in the following ways:
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