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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices Regulation: The definition of Point-in-time count in 24 CFR 578.3, and 24 CFR 578.7c2, 24 CFR
578.7c2i.
Project/Activity: HUD is waiving the definition of Point-in-time count in 24 CFR 578.3 and the requirements at 24
CFR 578.7c2i and 24 CFR
578.7c2 to the extent necessary to remove the requirement that Continuum of Care Program CoC conduct a biennial point-in-time count in FY2021
of people experiencing unsheltered homelessness, even if the CoC did not conduct a point-in-time count of people experiencing unsheltered homelessness in FY2020. Waiving the requirements at 24 CFR 578.3, 24 CFR 578.7c2i and 24 CFR 578.7c2 that require CoCs conduct a FY2021 biennial point-intime count of unsheltered homeless is available for CoCs that complete the notification process by the January 20, 2021 deadline. CoCs that use the waivers of 24 CFR 578.3, 24 CFR
578.7c2 and 24 CFR 578.7c2i must still conduct their FY2021 biennial point-in-time count of sheltered homeless persons if one is required in FY2021 consistent with the requirements in Notice CPD1808.
CoCs that do not use the waivers of 24
CFR 578.3, 24 CFR 578.7c2i and 24
CFR 578c2 must still conduct their FY2021 biennial point-in-time count of homeless persons for both sheltered and unsheltered homeless persons if one is required in FY2021.
Nature of Requirement: The definition of Point-in-time count in 24 CFR
578.3, and 24 CFR 578.7c2 and 24
CFR 578.7c2i require CoCs to plan for and conduct, at least biennially, a point-in-time count of homeless persons within the geographic area and count as unsheltered homeless persons individuals who are living in a place not designated or ordinarily used as a regular sleeping accommodation for humans. 24 CFR 578.7c2iii also requires CoCs to comply with other requirements established by HUD by Notice for the point-in-time count.
Granted By: John Gibbs, Acting Assistant Secretary for Community Planning and Development.
Date Granted: January 7, 2021.
Reason Waived: Conducting a pointin-time count of people experiencing unsheltered homelessness requires countless hours of planning and volunteers. Additionally, on the night of the count, it requires people to approach people experiencing unsheltered homelessness to collect data. Because of COVID19, CoCs have been short staffed and busy preparing for and implementing measures to prevent the spread of COVID19 in their
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communities. Additionally, CoCs are reporting challenges in finding volunteers to survey individuals experiencing unsheltered homelessness on the night of the count due to fears of COVID19. Further, CoCs are reporting challenges obtaining personal protective equipment PPE necessary to equip volunteers and people experiencing unsheltered homelessness to have the conversations necessary to collect the required data. These challenges are present in every part of the country. As of December, every single state had at least 9 new COVID cases per day per 100,000 population. For these reasons, providing waiver flexibility for the FY2021 point-in-time count for unsheltered homelessness helps prevent the spread of COVID19.
Contact: Norm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7262, Washington, DC 20410, telephone number 202 7084300.
Regulation: 24 CFR 578.3, definition of permanent housing, 24
CFR 578.5111.
Project/Activity: The one-year lease requirement is waived for leases executed between the date of March 31, 2021 and June 30, 2021, so long as the initial term of all leases is at least one month.
Nature of Requirement: Program participants residing in PSH must be the tenant on a lease for a term of at least one year that is renewable and terminable for cause.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement for 6-months on March 31, 2020. On September 30, 2020, HUD waived this requirement again until December 31, 2020. HUD
extended this waiver again on December 30, 2020 until March 31, 2021 to help recipients more quickly identify permanent housing for individuals and families experiencing homelessness, which is helpful in preventing the spread of COVID19. Extending this waiver is necessary because recipients continue to need to help program participants identify housing quickly to help prevent the spread of COVID19.
Additionally, even after special measures are no longer necessary to prevent the spread of COVID19, helping program participants move into housing quickly will continue to decrease the risk of people experiencing homelessness of contracting COVID19.

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Contact: Norm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7262, Washington, DC 20410, telephone number 202 7084300.
Regulation: 24 CFR 578.3, definition of homeless 1iii.
Project/Activity: An individual may qualify as homeless under paragraph 1iii of the homeless definition in 24
CFR 578.3 so long as he or she is exiting an institution where they resided or 120
days or less and resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. This waiver is in effect until June 30, 2021.
Nature of Requirement: The definition of homeless in 24 CFR 578.3 includes under paragraph 1iii an individual who is exiting an institution where he or she resided for 90 days or less and has resided in an emergency shelter or place not meant for human habitation immediately before entering that institution, which is an interpretation of 103a4 of the McKinney-Vento Act which includes an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided.
Granted By: James A. Jemison, Principal Deputy Assistant Secretary for Community Planning and Development.
Date Granted: March 31, 2021.
Reason Waived: HUD originally waived this requirement on September 30, 2020, until March 31, 2021 to keep housing options open for individuals who otherwise would have been homeless but were reporting longer stays in institutions as a result of COVID19 e.g., longer time in jail due to a postponed court dates due to courts closings or courts operating at reduced capacity and longer hospital stays when infected with COVID19. Allowing someone who was residing in an emergency shelter or place not meant for human habitation prior to entering the institution to maintain their homeless status while residing in an institution for longer than 90 days is necessary to prevent the spread of and respond to COVID19 by expanding housing options for people who were experiencing homelessness and institutionalized for longer than traditionally required due to COVID19.
Recipients continue to report potential program participants are staying in institutions for longer periods of time due to COVID19; therefore, HUD is extending this waiver to allow someone
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