Waiver Form

A proposed waiver form is available to view, and it is housed on the Office of the General Counsel webpage, described below. This waiver form will be used for multiple waiver types.

Webpages

The Department has published two new webpages containing resources for the Build America, Buy America Act (BABA).

1. Build America, Buy America Office of General Counsel Webpage: use this new webpage for the following:
   1. An overview of BABA,
   1. A breakdown of situations in which BABA applies,
   1. An overview of BABA compliance,
   1. A centralized explanation of waivers—including a copy of the proposed waiver form, and
   1. Frequently Asked Questions.
2. Build America, Buy America HUD Exchange Webpage: use this new webpage for the following:
   1. Learn about BABA as it relates to CPD programs specifically,
   1. Find links to BABA training webinars and “quick guides” covering CPD programs including webinars beginning Thursday November 2^nd, and
   1. Find a list of recent BABA news and announcements.

Webinars

There are four upcoming webinars.

• “BABA Virtual Education Outreach” November 9, 2023, 12:00-2:00pm ET: Hosted by HUD Office of Public and Indian Housing, this webinar is for all recipients of Federal financial assistance.
• “Build America, Buy America Act Webinar Series – 2023/2024”: This webinar is for HUD CPD grantees.
  • “BABA Webinar for HUD CPD Grantees” November 2, 2023, 2:00-3:00pm ET
  • “BABA Webinar for CDBG and RHP Grantees” November 15, 2023, 2:00-3:00pm ET
  • “BABA Webinar for ESG and CoC Grantees” November 29, 2023, 2:00-3:00pm ET
  • Four additional webinars beginning in December 2023—see the series link above

See the November 15 edition of The NAHRO Monitor for more information about the waiver form.

On October 31, HUD published a proposed rule titled “Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs,” which removes prohibitions against individuals with certain criminal convictions in two programs. These programs, the Fair Housing Initiatives Program (FHIP) and Fair Housing Assistance Program (FHAP), provide money to non-profits (FHIP) or state and local governments (FHAP) to combat fair housing violations. One way these organizations pursue this mission is through “testing,” in which program representatives participate in the housing application processes to determine if housing organizations and providers violate fair housing laws during this process. HUD has barred people with felony, fraud, or perjury convictions from serving as these “testers.”

This proposed rule would no longer forbid FHIP and FHAP testers who have prior felony, fraud, or perjury convictions. The final rule outlines the ways in which this change aligns with HUD’s goals as well as the legal basis for this rule.

For more information, see the November 15 edition of The NAHRO Monitor or the proposed rule.