[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Pages 56219-56229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22482]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5639-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2012
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2012, and ending on June 30, 2012.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons
with hearing- or speech-impairments may access this number through TTY
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the second quarter of calendar year 2012.
SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from April
1, 2012 through June 30, 2012. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2012) before the next report is published (the third
quarter of calendar year 2012), HUD will include any additional waivers
granted for the second quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: September 6, 2012.
Helen R. Kanovsky,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2012 through June
30, 2012
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the Office of Community
Planning and Development.
II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and
Indian Housing.
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 58.22(a).
Project/Activity: The town project entailed the construction of
a multiplex facility in the Town of Grand Isle, LA that included a
senior citizens multi-function recreation and social area, a medical
clinic, and a sheriff's substation.
In this situation the Town of Grand Isle previously received two
Economic Development Initiative (EDI) grants in 2002 and 2003 in
which the environmental review
[[Page 56220]]
was completed and approved for planning. The Town of Grand Isle
mistakenly believed that the environmental review requirements had
been satisfied for the project and thus did not complete the
environmental review for the construction component of the project
prior to starting construction in August of 2010.
Nature of Requirement: The regulation requires that an
environmental review be performed and a Request for Release of Funds
be completed and certified prior to the commitment of non-HUD funds
to a project using HUD funds.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 5, 2012.
Reason Waived: The waiver was granted because the above project
was determined to further the HUD mission and advance HUD program
goals to develop viable, quality communities. The Town of Grand Isle
did not have experience administering HUD grants and the Town stated
that it did not intend to violate HUD's environmental requirements
and no HUD funds were committed. Based on the environmental
assessment, the Town's mitigation of floodplain impacts and the
Town's purchase of flood insurance, granting a waiver would not
result in any unmitigated, adverse environmental impact.
Contact: Kathryn Au, Office of Environment and Energy, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 7250, Washington, DC
20410, telephone (202) 402-6340.
Regulation: 24 CFR 91.105(c)(2).
Project/Activity: The City of Tuscaloosa, AL, planned to commit
$450,000 in HOME Program funds to the rebuilding of Rosedale Court,
a housing development affected by storms and a tornado that struck
on April 27, 2011, and requested a waiver of the citizen
participation requirement at 24 CFR 91.105(c)(2) that requires a 30-
day public comment period for a substantial amendments.
Nature of Requirements: The citizen participation and
consultation section of HUD's regulations in 24 CFR part 91, which
is Sec. 91.105(c)(2), provides citizens with reasonable notice and
an opportunity to comment on substantial amendments. The citizen
participation plan must provide a period, not less than 30 days, to
receive comments on the substantial amendment before the amendment
is implemented.
Granted By: Mark Johnston, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: May 30, 2012.
Reasons Waived: The waiver of 24 CFR 91.105(c)(2) was granted to
shorten the period of time for public comment. The Tuscaloosa City
Council met to consider the project on May 29, 2012, and, due to the
Alabama meeting sunshine laws requiring at least 7-day public
notice, did not have sufficient time to publish the additional
notice and reschedule a Council meeting before the program
commitment deadline of May 31, 2012. Failure to approve the proposed
project would have jeopardized funds necessary to assist the City
with its disaster recovery efforts.
Contact: Virginia Sardone, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW., Room 7164, Washington, DC 20410, telephone (202)
708-2684.
Regulations: 24 CFR 92.503(b)(3).
Project/Activity: The City of Macon committed funding for 11
activities to provide HOME-assisted units. However, after expending
some of the funds, the projects were terminated because it was
determined they could not produce HOME-assisted units due to the
poor economic climate. Accordingly, the City requested a waiver of
the requirement to repay HOME funds to the account of disbursement.
Nature of Requirements: The HOME program regulations at Sec.
92.503(b)(3) require that HOME funds that were disbursed from the
participating jurisdiction's HOME Treasury account must be repaid to
the Treasury account. If the HOME funds were disbursed from the
participating jurisdiction's HOME local account, they must be repaid
to the local account.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 20, 2012.
Reasons Waived: The City of Macon was obligated to repay
$50,294.26 to its 2002, 2003, and 2004 HOME grants, which had
expired. Had these funds been received by HUD, they would have been
considered by the U.S. Treasury as miscellaneous receipts. Also,
these funds would have been unavailable to be used for local HOME
projects and would have negated the program's intent to make repaid
funds immediately available for investment. Accordingly, the City
requested a waiver of the requirement at 24 CFR 92.503(b)(3) to
allow the repayments to be repaid to the City of Macon's local
account to be used for local HOME projects.
Contact: Virginia Sardone, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW., Room 7164, Washington, DC 20410, telephone (202)
708-2684.
Regulations: 24 CFR 92.503(b)(3).
Project/Activity: The City of Ontario, CA, requested a waiver of
24 CFR 92.503(b)(3), which requires funds to be repaid to the
account from which they were disbursed. The City had committed HOME
funds for a new construction homeownership project, which was never
constructed.
Nature of Requirements: The City of Ontario was obligated to
repay HOME funds for a project that was terminated before completion
to the HOME grant from which the funds were expended. If all or a
portion of the total repayment was repaid to an expired account, the
repayment would have been received by HUD but retained by the U.S.
Treasury. As a result, the repaid funds would have no longer been
available for the participating jurisdiction to use in eligible
affordable housing activities. The National Affordable Housing Act
states that such repaid funds shall be immediately available to the
grantee for investment in eligible affordable housing activities. In
this case, compliance with the regulation thwarted statutory intent.
The waiver was granted to permit the City to repay their local HOME
Investment Trust Fund account instead of their HOME Investment Trust
Treasury account and make the repaid funds available for investment
in additional HOME-eligible activities.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 27, 2012.
Reasons Waived: The waiver was granted to permit the City to
repay their HOME Investment Trust Fund local account to make the
funds available for eligible affordable housing activities.
Contact: Virginia Sardone, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 7164, Washington, DC 20410, telephone
(202) 708-2684.
Regulation: 24 CFR 574.330(a)(1).
Project/Activity: The Downtown Emergency Service Center (DESC),
a Seattle, WA, recipient received a competitive grant under HUD's
Housing Opportunities for Persons With AIDS (HOPE) program,
requested a waiver of the HOPWA short-term supported housing
regulation to continue the provision of emergency shelter housing
assistance to 60 households which is over the maximum 50 households
allowed by HOPWA regulation. DESC requested an additional waiver to
continue provision of this emergency shelter housing assistance
beyond the 60-day limit.
Nature of Requirement: The HOPWA short-term supported housing
regulation at 24 CFR 574.330(a)(1): States: ``A short-term supported
facility may not provide shelter or housing for more than 60 days
during any six-month period.''
Granted By: Mark Johnston, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: June 28, 2012.
Reason Waived: The unavailability of other reasonable critical
short-term emergency housing options within close proximity of this
facility remained an impediment to identifying other housing options
for homeless individuals with challenging mental health issues. This
waiver was granted for the current 6-month period for the 5 homeless
individuals DESC has been unable to place in permanent housing. DESC
will continue to make a good faith effort to acquire permanent
housing for these individuals.
Contact: David Vos, Director of the Office of HIV/AIDS Housing,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 7212,
Washington, DC 20410, telephone (202) 708-1934.
Regulation: 24 CFR 84.32(c)(2).
Project/Activity: The organization, AIDS Alabama, requested a
waiver for 8 scattered-site manufactured homes that met the HOPWA
minimum use period and that AIDS Alabama wanted to sell. AIDS
Alabama
[[Page 56221]]
would reinvest the funds back into the Alabama Rural AIDS Project by
creating a new master leasing program. HUD's property disposition
requirement requires that a portion of the funds be repaid to the
government.
Nature of Requirement: The HUD property disposition requirement
at Sec. 84.32(c)(2) states: ``the recipient may be directed to sell
the property under guidelines provided by HUD and pay the Federal
Government for that percentage of the current fair market value of
the property attributable to the Federal participation in the
project.''
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 17, 2012.
Reason Waived: The physical condition of these manufactured
homes deteriorated over time and the current cost of maintenance is
prohibitive for the tenants and the organization. All 8 manufactured
homes met the minimum use period and served HOPWA program purposes
during the minimum use period. The master leasing project will
continue to serve program participants in the same service area.
Contact: David Vos, Director of the Office of HIV/AIDS Housing,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 7212,
Washington, DC 20410, telephone (202) 708-1934.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR part 5, subpart G and 24 CFR part
200, subpart P.
Project/Activity: Co-Op City (aka Riverbay Corporation), Bronx,
New York City, New York
Nature of Requirement: HUD's regulations at 24 CFR part 5,
subpart G and 24 CFR part 200, subpart P, require that HUD Uniform
Physical Condition Standard (UPCS) inspections be conducted on the
property.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 21, 2012.
Reason Waived: HUD granted the waiver on the basis that the New
York State Homes and Community Renewal (HCR) would be allowed to
conduct the physical inspections of the residential and commercial
components of the Co-Op City property typically conducted by the
responsible entity pursuant to 24CFR part 200, subpart P. It was
determined that the inspection protocol for the power plant could be
(and would be) satisfied by the State of New York and Department of
Energy.
Contact: Daniel Sullivan, Acting Director, Office of Multifamily
Housing Development, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 6148, Washington, DC
20410, telephone (202)708-6130.
Regulation: 24 CFR 200.85(b).
Project/Activity: The Meadows, Jacksonville, Arkansas Project
Number: FHA 082-35428.
Nature of Requirement: HUD's regulations at 24 CFR 200.85(b)
provide as follows: '' A covenant against repayments of a
Commissioner-approved inferior lien from mortgage proceeds other
than surplus cash or residual receipts, except in the case of an
inferior lien created pursuant to section 223(d) of the Act, or a
supplemental loan insured pursuant to section 241 of the Act.''
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 14, 2012.
Reason Waived: The award of low-income housing tax credits
(LIHTC) is tied to the award of HOME funds. The project would not
qualify for an allocation of LIHTCs if the owner/borrower did not
accept the HOME funds, and the acceptance of such funds is
prohibited by 24 CFR 200.85(b). Accordingly, without the use of the
tax credits, which requires waiver of Sec. 200.85(b), the
affordable housing units could not be built.
Contact: Daniel Sullivan, Acting Director, Office of Multifamily
Housing Development, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 6148, Washington, DC
20410, telephone (202)708-6130.
Regulation: 24CFR 266.410(e).
Project/Activity: California Housing Finance Agency (CalHFA)
Nature of Requirement: Section 266.410 of HUD's regulations
requires that mortgages insured under the section 542(c) Risk
Sharing program be regularly amortizing over the term of the
mortgage.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 27, 2012.
Reason Waived: Additional risk would be offset by the fact that
the projects to be substantially rehabilitated using the New Issue
Bond Program (NIBP) have already demonstrated performance in
CalHFA's portfolio, many with current Section 8 HAP contracts. HUD's
own exposure is further limited with the condition that CalHFA take
50 percent or more of the risk on these transactions.
Contact: Daniel Sullivan, Acting Director, Office of Multifamily
Housing Development, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 6148, Washington, DC
20410, telephone (202) 708-6130.
Regulation: 24 CFR 202.5(g).
Project/Activity: Applicants for FHA lender approval or renewal
as supervised lenders and mortgagees that possess consolidated
assets below the thresholds for required submission of annual
audited financial statements set by their respective regulators at
12 CFR 363.1(a), 12 CFR 562.4(b)(2), or 12 CFR 715.4(c) requested
waiver of audited financial submission requirements.
Nature of Requirement: Section 202.5(g) of HUD's regulations
requires supervised, non-supervised, and investing lenders or
mortgagees to furnish to FHA a copy of their annual audited
financial statements within 90 days of the lender or mortgagee's
fiscal year end in order to obtain or renew FHA lender approval. The
other requirements in this section were not requested to be waived.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: February 17, 2012.
Reason Waived: For some small supervised lenders and mortgagees
that originate low volumes of FHA loans, the new expense for
obtaining audited financial statements may be deemed too burdensome
to justify continued participation in FHA programs as approved
lenders and mortgagees. Due to the fact that many of these small
supervised lenders and mortgagees are located in rural communities
that possess a limited selection of residential mortgage lending
entities, the relinquishment of FHA lender approval by these
institutions may decrease access to FHA programs for some rural
communities. In the midst of the present economic recovery, and
given FHA's more prominent role in the nation's mortgage market at
present, a reduction in the availability of FHA-insured mortgage
credit could adversely impact the recovery of some states and
communities. A waiver of the new audited financial statement
requirements for supervised lenders meeting the designated
consolidated asset thresholds would ensure the continued
availability of FHA products throughout the nation, and not pose
significant additional risk to FHA's insurance funds.
Contact: Volky A. Garcia, Director, Lender Approval and
Recertification Division, Office of Lender Activities and Program
Compliance, Office of Housing, Department of Housing and Urban
Development, 490 L'Enfant Plaza East SW., Room P3214, Washington, DC
20024, telephone (202) 708-1515 (this is not a toll-free number).
Regulation: 24 CFR 219.220(b).
Project/Activity: Stovall Terrace Apartments--FHA Project Number
122-EH305, Los Angeles, California. The owner requested deferral of
repayment of the Flexible Subsidy Operating Assistance Loan due to
the project owner's inability to repay the loan in full upon
maturity or prepayment of the loan.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 7, 2012.
Reason Waived: The owner's request was granted to allow
deferment of repayment of the Flexible Subsidy Operating Assistance
Loan due to their inability to repay the loan in full upon the
prepayment or refinance of the loan. The waiver would allow the
Owner
[[Page 56222]]
to prepay and refinance the loan, allowing recapitalization of the
project and performance of long needed critical and noncritical
repairs at the project. A commitment was made to execute a Rental
Use Agreement for a term of an additional 35 years. These measures
will ensure the preservation of the project as an affordable housing
resource for eligible residents of the Los Angeles, California area.
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Dunn Family Senior Citizens Home--FHA Project
Number 044-44801, Centerline, Michigan. The Owner is unable to repay
the Flexible Subsidy Operating Assistance Loan in full. Granting
this waiver will prevent dire consequences to the property and
tenants who reside there.
Nature of Requirement: Section 219.220(b) governs the repayment
of operating assistance provided under the Flexible Subsidy Program
for Troubled Projects prior to May 1, 1996 states: ``Assistance that
has been paid to a project owner under this subpart must be repaid
at the earlier of the expiration of the term of the mortgage,
termination of mortgage insurance, prepayment of the mortgage, or a
sale of the project * * *'' Either of these actions would typically
terminate FHA involvement with the property, and the Flexible
Subsidy Loan would be repaid, in whole, at that time.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 7, 2012.
Reason Waived: The non-profit owner's request was granted to
exempt the requirement to repay their loan upon maturity. Granting
of the waiver was determined would allow the 60 Section 236 tenants
to maintain their vouchers and keep rents reduced for this low-
income elderly population, and allow this property to remain as a
much-needed affordable housing resource for the Centerline, Michigan
area. A commitment was made to execute a Rental Use Agreement for an
additional 20-year term.
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
Regulation: 24 CFR 232.3.
Project/Activity: Elderberry Square is a 48 unit assisted living
and dementia care facility located in Florence, Oregon.
Nature of Requirement: HUD's regulation at Sec. 232.3 mandates
in a board and care home or assisted living facility that the not
less than one full bathroom must be provided for every four
residents. Also, the bathroom cannot be accessed from a public
corridor or area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 9, 2012.
Reason Waived: The dementia care and most of the assisted living
residents at the Elderberry Square facility need assistance with
bathing and the needed care presents special circumstances that do
not exist in a traditional assisted living facility. In terms of the
building, the ``hallways'' which the residents in each building must
cross in order to bathe are not located in an area that will be
frequented by anyone other than staff or other residents, and on
this basis the waiver was granted.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-2419.
Regulation: 24 CFR 232.3.
Project/Activity: Autumn Years at Newport Mesa located in Costa
Mesa, CA.
Nature of Requirement: HUD's regulation at Sec. 232.3 mandates
in a board and care home or assisted living facility that the
bathroom cannot be accessed from a public corridor or area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 14, 2012.
Reason Waived: All of the residents are Autumn Years dementia
care residents and require assistance with bathing and toileting.
Consequently, Autumn Years has toileting and shower rooms located
outside of the units. This allows for a larger space, giving their
staff more room to provide assistance to the residents, and for
these reasons the waiver was granted.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-2419.
Regulation: 24 CFR 891.100(d).
Project/Activity: Wellspring Tonini, Louisville, KY,
Project Number: 083-HD103/KY36-Q091-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 11, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Franklin Senior Housing, Inc, Franklin, WI,
Project Number: 075-EE145/WI39-S091-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 11, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: PVCDC/St. Andrews Apartments, El Paso, TX,
Project Number: 113-HD039/TX16-Q091-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 2, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: The Woods of Crooked Creek Apartments,
Indianapolis, IN,
Project Number: 073-HD087/IN36-Q091-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Village at Oasis Park II, Mesa, AZ,
Project Number: 123-HD046/AZ20-Q091-002.
[[Page 56223]]
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Bonney Brook, Cornwall, CT, Project Number:
017-EE109/CT26-S091-006.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Flagship City Apartments, Erie, PA, Project
Number: 033HD114/PA28-Q091-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 16, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.130(a).
Project/Activity: Parallel Senior Villas, Kansas City, KS,
Project Number: 084-EE076/KS16-S091-003.
Nature of Requirement: Section 891.130(a) prohibits an identity
of interest between the sponsor or the owner with development team
members or between development team members until two years after
final closing.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 13, 2012.
Reason Waived: The land sale transaction between the sponsor and
owner are considered no longer a prohibited relationship by the
Department.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.130(b).
Project/Activity: Tyee Court, Soldotna, AK, Project Number: 176-
HD035/AK06-Q101-002
Nature of Requirement: Section 891.130(b) prohibits contracts
between the owner (or borrower, as applicable) and the sponsor or
the sponsor's non-profit.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: It was determined that land seller would not
profit from the transaction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.130(b).
Project/Activity: Cherry Park, Vancouver, WA, Project Number:
126-HD051/OR16-Q091-002.
Nature of Requirement: Section 891.130(b) prohibits contracts
between the owner (or borrower, as applicable) and the sponsor or
the sponsor's non-profit affiliate.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: It was determined that the land seller would not
profit from the transaction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Dutchess Community Living, Poughkeepsie, NY,
Project Number: 012-HD120/NY36-Q031-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Section 891.165 provides that the duration of the fund reservation
of the capital advance is 18 months from the date of issuance with
limited exceptions up to 24 months, as approved by HUD on a case-by-
case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 27, 2012.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources. Additional time was needed for the project to achieve
initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing. Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hale Mahaolu Ehiku, Phase II, Kihei, HI,
Project Number: 140-EE035/HI10-S051-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 10, 2012.
Reason Waived: Additional time was needed for the various
agencies involved in the development of this CAUC project to
finalize closing documents.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Westcliff Heights Senior Apartments, Las
Vegas, NV, Project Number: 125-EE131/NV25-S081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 13, 2012.
Reason Waived: Additional time was needed to process the firm
commitment application for this mixed finance project to start
construction and reach initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: AHEPA Apartments 63, Tallmadge, OH,
Project Number: 042-EE218/OH12-S071-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with
[[Page 56224]]
limited exceptions up to 24 months, as approved by HUD on a case-by-
case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 25, 2012.
Reason Waived: Additional time was needed for the project to
achieve initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Cheriton Heights, West Roxbury, MS, Project
Number: 023-EE225/MA06-S081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 30, 2012.
Reason Waived: Additional time was needed for the project to
achieve initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.165, 24 CFR 891.830(b), 24 CFR
891.830(c)(4) and 24 CFR 891.830 (c)(5).
Project/Activity: 121 Golden Gate Avenue, San Francisco, CA,
Project Number: 121-EE022/CA39-S091-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis. Section 891.830(b)
requires that the capital advance funds be drawn down only in
approved ratio to other funds, in accordance with a drawdown
schedule approved by HUD. Section 891.830(c)(4) prohibits the
capital advance funds from paying off bridge or construction
financing, or repaying or collateralizing bonds, and Sec.
891.830(c)(5) provides the amount of the drawdown is consistent with
the ratio of section 202 or section 811 supportive housing units to
other units.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 30, 2012.
Reason Waived: Additional time was needed to allow for
demolition and construction of the two-story structure in addition
to construction of the residential units for this mixed finance
project. HUD in its response to the public comments in the final
rule published September 23, 2005, stated ``while HUD generally
expects the capital advance funds to be drawn down in a one-to-one
ratio for eligible costs actually incurred, HUD may permit on a
case-by-case basis, some variance from the drawdown requirements as
needed for the success of the project.'' Therefore, the waiver was
granted to permit capital advance funds to be used to collateralize
the tax exempt bonds issued to finance the construction of the
project and to pay off a portion of the tax-exempt bonds that
strictly relate to capital advance eligible costs. Also, to allow
the capital advance funds to be drawn down in a different mechanism
than a pro rata basis in order to satisfy the 50 percent test of the
Internal Revenue Service (IRS).
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.205.
Project/Activity: Belleville House, Phase II, North Kingstown,
RI, Project Number: 016-EE084/RI43-S101-002.
Nature of Requirement: Section 891.205 requires Section 202
project owners to have tax exemption status under section 501(c)(3)
or (c)(4) of the Internal Revenue Code.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 13, 2012.
Reason Waived: It was determined that the projects would be
adjacent to one another and time and cost savings would be realized
from not having to create a separate owner entity.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.205.
Project/Activity: Hallsville Court Phase 2A Project Number: 024-
EE140/NH36-S101-003.
Nature of Requirement: Section 891.205 requires Section 202
project owners to have tax exemption status under section 501(c)(3)
or (c)(4) of the Internal Revenue Code.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 7, 2012.
Reason Waived: It was determined that the projects would be on
the same site and there would be time and cost savings from not
having to create a separate owner entity.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
Regulation: 24 CFR 891.205.
Project/Activity: Independent Living Horizons 14, Harlem, GA,
Project Number: 061-EE181/GA06-S101-001.
Nature of Requirement: Section 891.205 requires Section 202
project owners to have tax exemption status under Section 501(c) (3)
or (c) (4) of the Internal Revenue Code.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 21, 2012.
Reason Waived: It was determined that the projects would be on
the same site and there would be time and cost savings from not
having to create a separate owner entity.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6138,
Washington, DC 20410, telephone (202)708-3000.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority and Urban Development Agency
of the City of Atlantic City, (NJ014), Atlantic City, New Jersey.
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end (FYE), in accordance with the Single Audit Act and OMB
Circular A-133.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 4, 2012.
Reason Waived: The housing authority (HA) stated that its reason
for not submitting its financial information by the due date was
because of miscommunication between the HA and its auditor.
Specifically, according to the HA, the auditor submitted the audit
to REAC on time. However, the third and final, submission procedure
that requires the HA to submit the financial information to REAC,
was inadvertently not performed until January 5, 2012. The waiver
was granted for these reasons.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 85.6(c).
Project/Activity: Baltimore Housing Authority.
Nature of Requirement: HUD's regulation at 24 CFR 85.6(c) allows
HUD to authorize the procurement through a non-competitive proposal.
Granted By: Sandra B. Henriquez, Assistant Secretary of Public
and Indian Housing
Date Granted: June 12, 2012.
Reason Waived: HUD reviewed and approved the justifications for
the Baltimore Housing Authority's decision to procure the Regional
Administrator and the Regional Administrator's noncompetitive
procurement of a subcontractor through a noncompetitive proposal
under the Settlement Agreement.
[[Page 56225]]
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4130, Washington, DC 20140, telephone (202) 402-
4181.
Regulation: 24 CFR 902.20.
Project/Activity: Lodi Housing Authority, (NJ011), Lodi, NJ.
Nature of Requirement: The objective of this regulation is to
determine whether a housing authority (HA) is meeting the standard
of decent, safe, sanitary, and in good repair. The Real Estate
Assessment Center (REAC) provides for an independent physical
inspection of a PHA's property of properties that includes a
statistically valid sample of the units.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 5, 2012.
Reason Waived: The housing authority (HA) was impacted by severe
flooding following Hurricane Irene and was located in a
presidentially-declared disaster area. The HA experienced extensive
physical damage throughout its inventory, and there remained a
number of vacant units as a result. The waiver was granted because
the circumstances surrounding the waiver request were unusual and
beyond the HA's control. Even though the HA would not receive a
Public Housing Assessment System (PHAS) score and designation, the
HA would still be required to submit its unaudited and audited
financial information in accordance with the Uniform Financial
Reporting Standards Rule (24 CFR part 5), and the PHAS (24 CFR
902.33).
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 941.306(c).
Project/Activity: Philadelphia Housing Authority (PHA),
Community Based Management Office Scattered Site Development
903
Nature of Requirement: HUD's regulation at 24 CFR 941.306(c)
requires that the construction is within limits of Housing
Construction Costs.
Granted By: Sandra B. Henriquez, Assistant Secretary of Public
and Indian Housing.
Date Granted: May 17, 2012.
Reason Waived: As a result of the modifications to two
buildings, construction costs exceeded the Housing Cost Cap limits.
Given the extraordinary circumstances related to zoning variance
litigation and the modifications necessary for the housing authority
to complete in order to comply with the Philadelphia current zoning
code, the PHA requested a waiver. HUD granted the waiver to permit
the PHA to continue with its development.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4130, Washington, DC 20140, telephone (202) 402-
4181.
Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Home Forward (formerly known as the Housing
Authority of Portland) in Portland, Oregon.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii) states that a Housing Authority will use an open
and competitive process pursuant to 24 CFR 85.36 in the procurement
of a partner and/or owner entity to develop public housing.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2012.
Reason Waived: Home Forward was approached by Lifeworks, a
Portland non-profit organization and provider health and addiction
services, to assist with development of a new residential facility
to replace their current obsolete facility. Lifeworks had previously
engaged Gerding Eden Development Company (GED) as developer and
design/build contractor. Home Forward stated that due to GED's past
involvement in the project, known design expertise and the
integrated nature of the two housing components and potential time
and cost savings that the non-competitive selection of GED as the
design/build contractor is an important aspect of the project. HUD
has reviewed the request and concurs with the non-competitive
procurement of GED.
Contact: Dominique Blom, Deputy Assistant Secretary, U.S.
Department of Housing and Urban Development, Office of Public
Housing Investments, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St SW., Room 4130,
Washington, DC 20410, telephone (202) 402-4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Detroit Housing Commission, Herman Gardens--
Gardenview Phase IIIC, HOPE VI Grant: MI28URD001I296.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that ``if the partner and/or owner
entity (or any other entity with and identity of interest with such
parties) wants to serve as the general contractor for the project or
development, it may award itself the construction contract only if
it can demonstrate to HUD's satisfaction that its bid is the lowest
bid submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 18, 2012.
Reason Waived: The waiver was granted because the Detroit
Housing Commission submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4130, Washington, DC 20140, telephone (202) 402-
4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Mississippi Regional Housing Authority No.
VIII, Azalea Gardens
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that ``if the partner and/or owner
entity (or any other entity with and identity of interest with such
parties) wants to serve as the general contractor for the project or
development, it may award itself the construction contract only if
it can demonstrate to HUD's satisfaction that its bid is the lowest
bid submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 18, 2012.
Reason Waived: The waiver was granted because the Mississippi
Regional Housing Authority submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4130, Washington, DC 20140, telephone (202) 402-
4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Wausau Community Development Authority,
Riverview Towers Mixed Finance Project.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that ``if the partner and/or owner
entity (or any other entity with and identity of interest with such
parties) wants to serve as the general contractor for the project or
development, it may award itself the construction contract only if
it can demonstrate to HUD's satisfaction that its bid is the lowest
bid submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 12, 2012.
Reason Waived: The waiver was granted because Wausau Community
Development Authority submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4130, Washington, DC 20140, telephone (202) 402-
4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Housing Authority of Covington, Jacob Price
Homes HOPE VI Grant: KY36URD002I109.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that ``if the partner and/or owner
entity (or any other entity with and identity of interest with such
parties) wants to serve as the general contractor for the project or
development, it may award itself the construction contract only if
it can demonstrate to HUD's satisfaction that its bid is the lowest
bid submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 12, 2012.
Reason Waived: The waiver was granted because the Housing
Authority of Covington submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW.,
[[Page 56226]]
Washington, DC 20140, Room 4130, telephone (202) 402-4181.
Regulation: 24 CFR 941.610(a)(1) through (a)(7).
Project/Activity: Closing of the Boulevard Homes HOPE VI Seniors
Project--NC19URD003I109 of the Charlotte Housing Authority (CHA) in
North Carolina.
Nature of Requirement: HUD's regulation at 24 CFR 941.610(a)(1)
through (a)(7) requires HUD review and approval of certain legal
documents relating to mixed-finance development before a closing can
occur and public housing funds can be released. In lieu of HUD's
review of these documents, CHA must submit certifications to the
accuracy and authenticity of the legal documents detailed in 24 CFR
941.610 (a)(1)-(a)(7).
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing
Date Granted: May 3, 2012.
Reason Waived: The waiver was granted because it would
streamline the review process and expedite the closing and public
housing production, as well as for the following reasons: (1) CHA
has extensive mixed-finance experience at its four existing HOPE VI
projects and with other new construction projects, and will use the
same self-development approach; (2) the financial structure of the
project is the same as previous mixed-finance projects undertaken by
CHA, which underwent full evidentiary document review and approval
by HUD; (3) CHA will be represented by legal counsel that has
extensive experience with mixed-finance and Low Income Housing Tax
Credits, and has handled many of CHA's previous projects; and (4)
the principals at Laurel Street Residential have extensive
development experience in affordable and public housing development.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Washington, DC 20140, Room 4130, telephone (202) 402-
4181.
Regulation: 24 CFR 970.19(b).
Project/Activity: King County Housing Authority (KCHA),
Greenbridge HOPE VI Grant No.WA19URD002I101 and Seola Gardens HOPE
VI Grant No. WA19URD002I108
Nature of Requirement: HUD's regulation at 24 CFR 970.19(b)
states that a Housing Authority may pay the allowable reasonable
costs of disposition out of the gross proceeds, as approved by HUD.
Granted By: Deborah Hernandez for Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 11, 2012.
Reason Waived: HUD has reviewed and approved in concept KCHA's
request to use disposition proceeds at the Greenbridge and Seola
Gardens HOPE VI sites to repay the reasonable costs of
infrastructure construction which were state required as a
precondition to disposition of the for-sale parcels and which were
described in the HUD-approved HOPE VI revitalization plans. HUD
reviewed the actual costs and, as permitted by this waiver,
determined them to be reasonable. Therefore, HUD found good cause to
waive 24 CFR 970.19(b) for the limited purpose of using gross
proceeds to retire the debt associated with infrastructure for the
for-sale lots, in addition to the costs otherwise allowable under 24
CFR 970.19(b).
Contact: Dominique Blom, Deputy Assistant Secretary, U.S.
Department of Housing and Urban Development, Office of Public
Housing Investments, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Room 4130,
Washington, DC, 20410, telephone (202) 402-4181.
Regulation: 24 CFR 982.305(c)(1).
Project/Activity: Housing Authority of the County of Contra
Costa (HACCC), Contra Costa County, CA.
Nature of Requirement: HUD's regulation at 24 CFR 982.305(c)(1)
establishes the requirement that a housing assistance payments (HAP)
contract must be executed no later than 60 calendar days from the
beginning of the lease term.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 26, 2012.
Reason Waived: This waiver was granted as a reasonable
accommodation since the client's failure to initially sign the lease
was due to her disability.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and
982.503(c)(5).
Project/Activity: Minot Housing Authority (MHA), Minot, ND.
Nature of Requirement: HUD's regulation 24 CFR 982.503(c)
establishes the methodology for establishing exception payment
standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii)
states that HUD will only approve an exception payment standard
amount after six months from the date of HUD approval of an
exception payment standard amount above 110 percent to 120 percent
of the published fair market rent (FMR). HUD's regulation at 24 CFR
982.503(c)(5) states that the total population of a HUD-approved
exception areas in an FMR area may not include more than 50 percent
of the population of the FMR area.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 5, 2012.
Reason Waived: These waivers were granted because of significant
impact to the rental housing market caused by increased economic
activity in the FMR area due to natural resource exploration.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and
982.503(c)(5).
Project/Activity: Burleigh County Housing Authority (BCHA),
Burleigh County, ND.
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c)
establishes the methodology for establishing exception payment
standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii)
states that HUD will only approve an exception payment standard
amount after six months from the date of HUD approval of an
exception payment standard amount above 110 percent to 120 percent
of the published fair market rent (FMR). HUD's regulation at 24 CFR
982.503(c)(5) states that the total population of a HUD-approved
exception areas in an FMR area may not include more than 50 percent
of the population of the FMR area.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 6, 2012.
Reason Waived: These waivers were granted because of significant
impact to the rental housing market in the Bismarck, ND, FMR area
caused by increased economic activity due to natural resource
exploration.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
Project/Activity: Adams Metropolitan Housing Authority (AMHA),
Adams, OH.
Nature of Requirement: HUD's regulation at 24 CFR 982.503(d)
allows HUD to consider a public housing agency's request for
approval to establish a payment standard that is lower than the
basic range of 90 to 110 percent of the published fair market rent
for each/any bedroom size, but HUD will not approve such payment
standard amounts if the family share for more than 40 percent of
voucher participants exceeds 30 percent of monthly adjusted income.
HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount
on the payment standard schedule is decreased during the term of the
housing assistance payments (HAP) contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning on the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 6, 2012.
Reason Waived: These waivers were granted because these cost-
saving measures would enable the AMHA to manage its Housing Choice
Voucher program within allocated budget authority and avoid the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
[[Page 56227]]
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Fairfield Housing Authority (FHA), Fairfield,
CT.
Nature of Requirement: HUD's regulation 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the FHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Reed City Housing Commission (RCHC), Reed
City, MI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the RCHC to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the City of Pasco and
Franklin County (HACPFC), Seattle, WA.
Nature of Requirement: HUD's regulation 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 3, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the HACPFC to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Mitchell Housing Authority (MHA), Mitchell,
SD.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 31, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the MHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the City of Eloy (HACE),
Eloy, AZ.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 31, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the HACE to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Emmetsburg Low-Rent Housing Agency (ELRHA),
Emmetsburg, IA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 31, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the ELRHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Watertown Housing and Redevelopment Commission
(WHRC), Watertown, SD.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 31, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the WRCHC to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Bremerton Housing Authority (BHA), Bremerton,
WA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 7, 2012.
[[Page 56228]]
Reason Waived: This waiver was granted because this cost-saving
measure would enable the BHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing and Redevelopment Authority of Bemidji
(HRAB), Bemidji, MN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 14, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the HRAB to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the City of Danville
(HACD), Danville, IL.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 28, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the HACD to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Pontiac Housing Commission (PHC), Pontiac, MI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 28, 2012.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the PHC to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(4).
Project/Activity: Housing Authority of the City of Danbury
(HACD), Danbury, CT.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(4)
states that if the payment standard amount is increased during the
term of the housing assistance payments (HAP) contract, the
increased payment standard amount shall be used to calculate the
monthly HAP for the family beginning at the effective date of the
family's first regular reexamination on or after the effective date
of the increase in the payment standard amount.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2012.
Reason Waived: Since HACD should realize a significant surplus
of HAP funding at the end of calendar years 2012 and 2013, and the
rent burden data in the Public and Indian Housing Information Center
indicated that 84 percent of HACD's voucher participants were paying
more than 30 percent of adjusted monthly income toward their rent
share, a waiver was granted to reduce this rent burden.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Amherst Town, Amherst, NY.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2012.
Reason Waived: The participant and his wife, who are disabled,
require an exception payment standard to move to a wheelchair-
accessible unit. To provide this reasonable accommodation so the
clients could move to an accessible unit and pay no more than 40
percent of their adjusted income toward the family share, the town
was allowed to approve an exception payment standard that exceeded
the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Dedham Housing Authority (DHA), Dedham, MA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 10, 2012.
Reason Waived: The participant, who is disabled, required an
exception payment standard to move to a new unit that met her health
needs. To provide this reasonable accommodation so the client could
be assisted in a new unit and pay no more than 40 percent of her
adjusted income toward the family share, the DHA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Dedham Housing Authority (DHA), Dedham, MA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2012.
Reason Waived: The participant, who is disabled, requires an
exception payment standard to move to a new unit that accommodates
his needs. To provide this reasonable accommodation so the client
could be assisted in this new unit and pay no more than 40 percent
of his adjusted income toward the family share, the DHA was allowed
to approve an exception
[[Page 56229]]
payment standard that exceeded the basic range of 90 to 110 percent
of the FMR.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of Spirit Lake (HASL),
Spirit Lake, IA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 19, 2012.
Reason Waived: The participants, who are disabled, require an
exception payment standard to move to a group home where the units
are accessible. To provide this reasonable accommodation so the
clients could be assisted in these group home units and pay no more
than 40 percent of their adjusted income toward the family share,
the HASL was allowed to approve an exception payment standard that
exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.59(b)(1).
Project/Activity: Washington County Department of Housing
Services (WCDHA), Washington County, OR.
Nature of Requirement: HUD's regulation at 24 CFR 983.59(b)(1)
states that the rent to owner for public housing agency (PHA) owned
units is determined according to the same requirements as for other
project-based voucher (PBV) units, except that the independent
entity approved by HUD must establish the initial contract rents
based on an appraisal by a licensed, state-certified appraiser.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 13, 2012.
Reason Waived: WCDHA had difficulty in procuring the services of
a licensed, state-certified appraiser. It had exhausted all of its
available resources such as referrals from other PHAs, Internet
searches, telephone resources, newspaper advertisements, etc.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Cambridge Economic Development Authority
(CEDA), Cambridge, MN, Todd County Housing and Redevelopment
Authority (TCHRA), Todd County, MN, Otter Tail County Housing and
Redevelopment Authority (OTCHRA), Otter Tail County, MN, Mental
Health Resources (MHR), St. Paul, MN, Morrison County Housing and
Redevelopment Authority (MCHRA), Morrison County.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2012.
Reason Waived: The public housing agencies are small with less
than 250 units and the HUD field office was not aware that these
agencies were required to submit their biennial SEMAP certifications
for the period ending December 31, 2010.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
[FR Doc. 2012-22482 Filed 9-11-12; 8:45 am]
BILLING CODE 4210-67-P