PIH will not approve PBV waivers after a regulatory violation

Late last week, HUD's Office of Public and Indian Housing (PIH) posted a letter (dated February 3) that provides an overview of PHA considerations when implementing a project-based voucher (PBV) program.

Signed by Assistant Secretary Sandra Henriquez, the letter addresses PHA requests for retroactive regulatory waivers:

Regulatory waivers are not intended to correct regulatory violations after the fact, but rather to provide prospective relief from regulatory requirements, upon a showing of good cause, prior to PHA or owner action that would create a regulatory violation.

According to the letter, PIH will not approve waivers requested after a regulatory violation has already occurred. Instead, the violation will be treated as an enforcement issue. Exceptions may be made on a very limited basis due to factors beyond the PHA’s control such as natural disasters.

The letter further states that effective immediately, questions or requests for technical assistance on PBV issues are to be submitted in writing to the local HUD field office. Field office staff will relay the questions to PIH headquarters if necessary. PHAs are reminded to consult available PBV resources before requesting assistance.

You'll find a link to the letter on the PIH One-Stop Tool (POST) home page.

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