18 Miss. Code. R. 20-1-1-V.1.2
In accordance with WPN 22-12, In order to meet the purpose of DOE WX BIL, MS DOE WX BIL WAP will ensure weatherization services are being provided to low-income persons that live in all types of housing (i.e. single-family, manufactured housing units, and multifamily buildings).
MS DOE WX BIL WAP and Subgrantees shall ensure that weatherization take place with a whole dwelling as a system approach (10 CFR 440.22(b)). A single unit within a multi- unit dwelling is not categorically excluded, but due to the rare instances when this is allowable, MS DOE WX BIL WAP shall seek prior approval from the Project Officer (PO).
MS DOE WX BIL WAP requires that dwelling eligibility is established before any weatherization commence. Dwelling eligibility is confirmed prior to the start of an energy audit. Proof of ownership must be established regardless of who is living in the dwelling (required for both owner-occupied, and rental units). Lifetime estates are to be treated as owner occupied dwellings. The following documents are acceptable as proof of ownership and eligibility:
RESIDENCE VERFICATION
Re-Weatherization: MS DOE WX BIL WAP: Shall adhere to the following:
In accordance with the Consolidated Appropriation Act of 2021, amended 42 USC 6865(c) (2) to read as follows:
Dwelling units weatherized (including dwelling units partially weatherized) under this part, or under other Federal programs (in this paragraph referred to as 'previous weatherization'), may not receive further financial assistance for weatherization under this part until the date that is 15 years after the date such previous weatherization was completed. This paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services (including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials) other than weatherization under this part or under other Federal programs, or from receiving non-Federal assistance for weatherization.
This provision gives Subgrantees the flexibility to revisit those homes weatherized 15 years that may not have received the full complement of Weatherization services, including the use of an advanced energy audit or addressing health and safety concerns.
All homes previously weatherized regardless of other Federal programs,all Federal funds including LIHEAP, HUD, or USDA weatherization activities will be documented via Virtual ROMA 2.0 and Excel Reporting Spread sheets:
* Subgrantee must ensure that homes seeking re-weatherization must meet the criteria stated above.
* Subgrantees must ensure that any re-weatherization project will receive a current energy audit prior to re-weatherization.
* Subgrantees must reference applicant's names, social security number, and address utilizing Virtual ROMA and excel reporting spread sheets.
* Subgrantee must perform a QCI final inspection and provide the case worker and partnering agency with the final status, which must be documented in the client Virtual ROMA file reflecting that the dwelling (s) were weatherized.
* If upon pre-inspection of a dwelling it is determined that the home was previously weatherized, subgrantee must document the address of dwelling referencing Virtual ROMA and the Excel data spread sheet.
* WX subgrantee must complete and submit to DCS the WX monthly reports, which includes the client list (names, address, phone etc.) via excel spread sheet. This is checked monthly by the state weatherization staff for compliance.
NOTE: The term "Reweatherization" applies only to those units which fall into the timeframe indicated above and described under 10 CFR § 440.18(e)(2)(iii).
Historic Preservation
MS DOE WX BIL WAP has a programmatic agreement between the Department of Energy, Mississippi Development Authority, and Mississippi Department of Archive & History regarding EECBG, SEP, and WAP Undertaking. The PA is in affect from December 31, 2021 - December 31, 2030. (See Attachment)
MS DOE BIL WAP: will address the following structures:
* Single-Family - owned or rental
* Manufactured housing -own or rental
* Multi-family housing - own or rental
* Non-traditional dwelling units such as shelters apartments over business etc. MS DOE WX BIL WAP will consult with the Project Officer to ensure that program regulations are met, and whether the unit is, in fact, eligible.
* Non-stationary campers and trailers that do not have a mailing address associated with the eligible applicants is not allowed. The use of a post office box for a non-stationary campers or trailers does not meet this requirement.
Disaster Planning and Relief (WPN 12-7):
MS DOE WX BIL WAP understands that weatherization has a very limited role in any disaster response plan. Therefore, the State ensures that WPN12-7 will be adhered to when addressing disasters.
Rental Procedures (WPN 22-13)
The MS DOE WX BIL WAP will utilize a rental agreement which follows and addresses the requirements of 10CFR 440.22(b)(3), 10 CFR 440.22, and Section V.1.2. The restriction regarding the time when an owner can increase the cost of the unit is two (2) years.
Before the weatherization of any dwelling is allowable, proof of ownership must be established regardless of who is living in the dwelling (required for both owner-occupied and rental units). Lifetime estates are to be treated as owner occupied dwellings. The following documents are acceptable as proof of ownership:
If a dwelling is to be weatherized for a client who is not the owner of the dwelling, an
agreement must be entered into between the landlord and the subgrantee agency. The agreement must be signed before work can begin on the weatherization project. Landlord participation is encouraged but not mandatory. Participation maybe provided through donated materials, monetary assistance or a combination of the two. A condition of the agreement includes the agreement not to raise the tenant's rent for two (2) years (some exceptions apply) beginning on the date of the weatherization projection completion (that is the approved post inspection date). Additionally, the owner cannot evict the tenant without cause during that period. Should the owner chose to violate the agreement, he or she may be billed for the pro-rated share of cost of the weatherization project.
The allowable exceptions to the prohibition of the two (2) year rent increase include increases due to higher property taxes, insurance premiums, necessary replacement (or extensive repairs) to appliances, plumbing, or wiring. These allowable costs must be spread over the period of one (1) year.
The owner agrees that the dwelling is not presently being offered for sale and agrees to give the subgrantee agency thirty (30) days' notice of the sale should the property be offered for sale prior to the expiration of the rental agreement. At least ten (10) days prior to the sale, the owner agrees to obtain a notarized statement of the purchaser's consent to assume the rental agreement obligation. If this consent is not obtained, the owner agrees to pay the full cost of the weatherization project based on the pro-rated number of months remaining in the rental agreement. Should the property be transferred via a will or heirship, the same obligations
would be placed on the new owners.
Additionally, the owner agrees that the terms and obligations of the rental agreement shall supersede any inconsistent provision of any oral or written lease or other agreement affecting the rent collected for the eligible dwelling unit.
Multi-Family Dwellings Per WPN 22-12: In order to meet the purpose of the DOE WX BIL WAP, MS DOE WX BIL WAP will ensure weatherization services are being provided to low income persons that live in all types of housing (i.e. single family, manufactured housing units, and multi-family buildings). MS DOE WX BIL WAP understands that, certain buildings containing rental units may comply with the income eligibility requirements when 50 percent of those dwelling units are eligible dwelling units rather than the established 66 percent identified in the regulation. 10 CFR§ 440.22(b) (2). The buildings that are subject to the 50 percent threshold are duplexes, four-unit buildings, and certain eligible types of large multifamily buildings. MS DOE WX BIL WAP will follow 65 Fed. Reg. 77210, Dec. 8, 2000, when determining what types of large multifamily buildings may be subject to the 50 percent threshold.
It is noted that in qualifying a multi-family building for weatherization, MS DOE WX BIL WAP understands that 10 CFR 440.22(b)(2) requires that a building containing rental d welling units is eligible for DOE BIL WAP funds where "Not less than 66 percent (50 percent for duplexes and four unit buildings, and certain eligible types of large multifamily buildings) of the dwelling units in the building:
MS DOE WX BIL WAP understands that "certain eligible types of large multifamily buildings" are those buildings for which an investment of DOE funds would result in a significant energy-efficiency improvement because of the upgrades to equipment, energy systems, common space, or the building shell. MS DOE WX BIL WAP do not have a DOE-approved audit and procedures for multifamily buildings, therefore, the following actions will be taken:
MS DOE WX BIL WAP will follow Weatherization Program Notice 22-12 when addressing requirements for determining eligibility of certain multi-family buildings and will seek guidance from the Project Officer when addressing the above stated criteria.
DEFERRAL STANDARDS
MS DOE WX BIL WAP understands that the decision to walk-away from a dwelling without providing weatherization services is difficult but necessary in some cases. Many problems encountered in low-income housing are beyond the scope of the DOE BIL Weatherization Assistance Program. Deferrals does not mean that assistance will never be available, but that any work deemed beyond the scope of the DOE BILWAP must be postponed until the problems can be resolved, and alternative sources of help be found, as necessary. Subgrantees Coordinator(s) must follow the deferral guidelines included in the Health and Safety Plan. Subgrantees must complete and have on file, the Walk Away/Deferral form when determining deferrals. (See Attachments)
Walk-away/Deferral conditions may include but not limited to the following:
* Building structure, mechanical systems, electrical and plumbing, are in disrepair and the conditions cannot be resolved in a cost-effective Manner;
* Sewage or other sanitary problems;
* The house been condemned or electrical, heating, plumbing, or other equipment been "red tagged" by local or state building official or utilities;
* Mold and/or Moisture problems so severe that they cannot be resolved under existing health and safety measures;
* High carbon monoxide levels in combustible appliances, and cannot be resolved under existing health and safety measures;
* Uncooperative client, abusive, or threatening the crew, subcontractors, monitors, inspectors, or others who must work on or visit the house;
* Lead-based paint which may potentially create further health and safety hazards;
* Insect or rodent infestation;
* Dwellings being offered "For Sale"; etc.
18 Miss. Code. R. 20-1-1-V.1.2