Laserfiche WebLink
Administrative Plan 7/1/2025 Page 13-8 <br />HUD may waive the conflict of interest requirements, except for members of Congress, for good <br />cause. The PHA must submit a waiver request to the appropriate HUD Field Office for <br />determination. <br />Any waiver request submitted by the PHA must include the following [HCV Guidebook pp.11-2 <br />and 11-3]: <br /> Complete statement of the facts of the case; <br /> Analysis of the specific conflict of interest provision of the HAP contract and justification as <br />to why the provision should be waived; <br /> Analysis of and statement of consistency with state and local laws. The local HUD office, the <br />PHA, or both parties may conduct this analysis. Where appropriate, an opinion by the state’s <br />attorney general should be obtained; <br /> Opinion by the local HUD office as to whether there would be an appearance of impropriety <br />if the waiver were granted; <br /> Statement regarding alternative existing housing available for lease under the HCV program <br />or other assisted housing if the waiver is denied; <br /> If the case involves a hardship for a particular family, statement of the circumstances and <br />discussion of possible alternatives; <br /> If the case involves a public official or member of the governing body, explanation of their <br />duties under state or local law, including reference to any responsibilities involving the HCV <br />program; <br /> If the case involves employment of a family member by the PHA or assistance under the <br />HCV program for an eligible PHA employee, explanation of the responsibilities and duties of <br />the position, including any related to the HCV program; <br /> If the case involves an investment on the part of a member, officer, or employee of the PHA, <br />description of the nature of the investment, including disclosure/divestiture plans. <br />Where the PHA has requested a conflict of interest waiver, the PHA may not execute the HAP <br />contract until HUD has made a decision on the waiver request. <br />SAHA Policy <br />In considering whether to request a conflict of interest waiver from HUD, SAHA will <br />consider certain factors such as consistency of the waiver with state and local laws, the <br />existence of alternative housing available to families, the individual circumstances of a <br />particular family, the specific duties of individuals whose positions present a possible <br />conflict of interest, the nature of any financial investment in the property and plans for <br />disclosure/divestiture, and the possible appearance of impropriety. <br />EXHIBIT 1