On December 8, HUD issued Notice CPD-22-15, requiring Housing Opportunities for Persons With AIDS (HOPWA) grantees and project sponsors to ensure that all dwelling units under the program have carbon monoxide (CO) alarms or detectors installed. The notice goes into effect on December 27, 2022.

Types of units included

• new construction
• project or tenant-based rental assistance
• short-term rent, mortgage, and utility payments (not subject to HOPWA HQS requirements)
• permanent housing placement (not subject to HOPWA HQS requirements)
• acquisition, rehabilitation, conversion, lease, and repair of facilities
• operating costs

Implementation

For units that are subject to the HOPWA Housing Quality Standards (HQS), grantees and project sponsors should assess for CO alarms or detectors when completing an HQS inspection. Grantees/project sponsors should add a question on their HQS inspection forms as to the presence of functioning CO alarms or detectors and document compliance to be kept in the household’s file.

Units not subject to HOPWA HQS may rely on self-certification by the tenant or owner. Grantees/project sponsors should develop materials or trainings to make sure whomever is conducting a self-certification understands and applies the applicable criteria of all properly installed CO detectors or alarms.

In addition, the notice provides ways to prevent intrusion of the devices and examples of sources that create or emit CO. Resources about CO alarms and information are also provided in the notice.

For more guidance and information in the notice please see here.

On December 14, 2022, HUD finalized three waivers for implementing the Build America, Buy America Act (BABA), moving the compliance date to February 21, 2023 for most  programs except for those using Community Development Block Grant (CDBG) funds to purchase iron or steel.

Public Interest Phased Implementation Waiver — This waiver will delay implementation of BABA for funds allocated before February 21, 2023 except for CDBG money used to purchase iron or steel with funding allocated after November 13, 2022.

Public Interest De Minimis Waiver — The de minimis waiver would exclude small projects, projects completed with small sums of money, or small portions of large projects from complying with the BAP. HUD finalized $250,000 as the de minimis threshold for applying the BAP or five percent of a covered project up to $1 million. This waiver applies for up to five years from November 23, 2022.

Public Interest Exigent Circumstances Waiver — The exigent circumstances waiver would exclude projects that protect resident health and safety from compliance with the BAP. This waiver applies for up to five years from November 23, 2022.

Find finalized versions of each waiver here and NAHRO’s full comment letter for each of these three waivers here.