New Waiver Delays BABA Implementation Until 2024

In a huge win for NAHRO members, HUD released a new waiver delaying the implementation of Build America, Buy America (BABA) requirements for most HUD programs until 2024. The waiver covers funding used for maintenance projects related to Public Housing, the HOME program, or the Housing Trust Fund through August 23, 2024, and funding used for non-maintenance projects for these programs through February 22, 2024. The waiver does not cover funding from CDBG, Choice Neighborhoods, Lead Hazard Reduction, and Healthy Homes Production Grants for iron and steel purchases.

HUD’s current BABA implementation waiver will expire next week, and this new waiver will not go into effect until the public comment period ends on March 2. This means there will be a gap between the end of the current waiver and the effective date for this new waiver. HUD has informed NAHRO that the Department will not allocate funding to agencies during this gap to ensure funds do not fall under BABA requirements. HUD is currently in the process of putting together additional BABA guidance, and NAHRO has been in close communication with the Department to help shape a workable implementation.

Comments on the waiver are due on or before March 2, 2023. The waiver can be found on the HUD website.

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