[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88262-88269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29354]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5946-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2016
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 July 1, 2016, and ending on September 30, 2016.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Ariel Pereira, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500,
telephone 202-708-3055 (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 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 third quarter of calendar year 2016.
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 July
1, 2016 through September 30, 2016. 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 third quarter of calendar
year 2016) before the next report is published (the fourth quarter of
calendar year 2016), HUD will include any additional waivers granted
for the third 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: December 1, 2016.
Tonya T. Robinson,
Acting General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2016 Through
September 30, 2016
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 Fair Housing and
Equal Opportunity
III. Regulatory Waivers Granted by the Office of Housing
IV. 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 Lombardi Project is a residential and
retail mixed-use project at
[[Page 88263]]
371 North Avenue in New Rochelle, New York.
Nature of Requirement: Funds may not be spent prior to the
completion of the environmental review process to avoid choice-
limiting actions. The regulation allows for a waiver of that
requirement if the grantee can demonstrate good cause and no harm.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning & Development.
Date Granted: July 6, 2016.
Reason Waived: The grantee met the regulatory requirements for
the waiver and demonstrated good cause for its granting.
Contact: James M. Potter, Environmental Planning Division,
Community Planning and Development, Department of Housing and Urban
Development, 451 7th Street SW., Room 7212, Washington, DC 20410,
telephone (202) 402 4610.
Regulation: 24 CFR 58.22.
Project/Activity: Former Phenix Elementary School, City of West
Des Moines, Iowa.
Nature of Requirement: The regulation provides that ``Neither a
recipient nor any participant in the development process, including
public or private nonprofit or for-profit entities, or any of their
contractors, may commit HUD assistance under [the State CDBG-DR
grant program] on an activity or project until HUD or the state has
approved the recipient's Request for Release of Funds (RROF) and the
related certification from the responsible entity. In addition,
until the RROF and the related certification have been approved,
neither a recipient nor any participant in the development process
may commit non-HUD funds on or undertake an activity or project
under [the State CDBG-DR grant program] if the activity or project
would have an adverse environmental impact or limit the choice of
reasonable alternatives.'' In this situation, the City, as grant
recipient, committed non-HUD funds to acquire real property, the
former Phenix Elementary school property, subsequent to the award of
a State CDBG-DR grant but prior to the City receiving an approved
Request for Release of Funds and Certification (RROF) from the
State.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning & Development.
Date Granted: August 9, 2016.
Reason Waived: The violation is regulatory in nature, not
statutory. Implementation of the proposed project is consistent with
HUD's mission and will advance HUD program goals related to
community development, economic development and support of the
city's affordable housing supply. The project will benefit the
community by preserving a historic landmark, the Phenix Elementary
School. The City has agreed to change its processes and procedures
and to build its internal capacity to ensure future violations do
not occur. Granting a waiver should not result in an unmitigated
adverse environmental impact provided the City implements the
conditions associated with the waiver approval.
Contact: Paul F. Mohr, Regional Environmental Officer, Community
Planning and Development, Department of Housing and Urban
Development, 400 State Avenue, Room 200, Kansas City, KS 66101,
telephone (913) 551 5818.
Regulation: 24 CFR 92.500(d)(1)(C)--HOME Expenditure
Requirement.
Project/Activity: The Commonwealth of Puerto Rico requested a
waiver of 24 CFR 92.500(d)(1)(C), which requires that a
participating jurisdiction expend its annual allocation of HOME
funds within five years after HUD notifies the participating
jurisdiction that HUD has executed the jurisdiction's HOME
Investment Partnership Agreement. The Commonwealth requested this
waiver to provide it additional time to expend $380,798 of HOME
funds.
Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C)
requires HUD to reduce or recapture any HOME funds in a
participating jurisdiction's HOME Investment Trust Fund that are not
expended within five years of HUD's notification to the
participating jurisdiction that HUD has executed the HOME grant
agreement. The Commonwealth failed to disburse $380,798 of HOME
funds by its expenditure deadline of July 31, 2016.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning & Development.
Date Granted: August 22, 2016.
Reason Waived: The Commonwealth repaid $5,126,234.53 to its
local HOME account with non-federal funds to resolve HUD OIG audit
findings that it expended HOME funds for ineligible purposes. While
the Commonwealth made significant progress by disbursing over $25
million in HOME funds between August 1, 2015 and July 31, 2016, the
size and timing of the repayments did not afford it sufficient time
to identify new projects for the entire amount of repaid funds. HUD
granted the waiver to permit the Commonwealth additional time to
expend funds on new affordable housing projects for low-income
residents.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 7th Street SW., Room 7164,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 91.15(a)(2)--Consolidated Plan
Requirements.
Project/Activity: American Samoa, the Commonwealth of Puerto
Rico, and the states of Arkansas, California, New Hampshire, and
Texas requested a waiver of 24 CFR 91.15(a)(2) of the regulation,
which requires each grantee to submit its Housing Trust Fund (HTF)
allocation plan to HUD no later than August 16, 2016. The grantees
requested this waiver to provide additional time to develop their
HTF allocation plans and conduct the required citizen participation
process.
Nature of Requirement: As a condition of receiving funding, each
HTF grantee is required to submit an HTF allocation plan to HUD, the
requirements of which are incorporated into the consolidated plan
regulations under 24 CFR part 91. The provisions at 24 CFR
91.15(a)(2) require that each grantee submit its HTF allocation plan
to HUD no later than August 16, 2016.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning & Development.
Date Granted: September 6, 2016.
Reason Waived: FY 2016 is the first year in which funding is
being made available for the HTF program. HUD published CPD Notice
16-07 Guidance for HTF Grantees on Fiscal Year 2016 Housing Trust
Fund (HTF) Allocation Plans on April 28, 2016, and the HTF
allocation amounts in the Federal Register on May 5, 2016. Because
some grantees did not have sufficient time to develop their HTF
allocation plans and conduct the required citizen participation
process, HUD waived the August 16, 2016 deadline and extended the
deadline for submission of 2016 HTF allocation plans as follows:
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Grantee Name New Deadline
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American Samoa August 31, 2016.
Commonwealth of Puerto Rico November 14, 2016.
State of Arkansas September 30, 2016.
State of California September 30, 2016.
State of New Hampshire September 14, 2016.
State of Texas October 17, 2016.
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Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Community Planning and Development, Department of
Housing and Urban Development, 451 7th Street SW., Room 7164,
Washington, DC 20410, telephone (202) 708-2684.
II. Regulatory Waivers Granted by Office of Fair Housing and Equal
Opportunity
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 115.305(a).
Project/Activity: Fair Housing Assistance Program (FHAP); 2016
Enforcement Fund.
Nature of Requirement: 24 CFR 115.305(a) allows grants of
Special Enforcement Efforts (SEE) funds to participants in the Fair
Housing Assistance Program, but limits the award to 20 percent of
the participant's total FHAP cooperative agreement for the previous
contract year.
Granted By: Assistant Secretary Gustavo Velazquez.
Date Granted: April 29, 2016.
Reason Waived: The waiver allows FHEO to provide certain FHAP
agencies with SEE funds above the amount set forth in the regulation
in order to support ongoing, protracted, or complex litigation
associated with the enforcement of their substantially equivalent
fair housing laws.
Contact: Joseph A. Pelletier, Director, Fair Housing Assistance
Program, Fair Housing Equal Opportunity, Department of Housing and
Urban Development, 451 7th Street SW., Room 5206, Washington, DC,
20410, telephone (202) 402-2126.
III. 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
[[Page 88264]]
the contact person that immediately follows the description of the
waiver granted.
Regulation: 24 CFR 200.73(c).
Project/Activity: R.H. Floyd Memorial Apartments, FHA Project
Number 061-1352, Summerville, Georgia. The City of Summerville, GA
received a Commitment to Enter into Housing Assistance Payments
Contract (CHAP) to convert its entire public housing unit inventory
to project based Section 8 rental housing. The lender, Bellwether
Enterprise is seeking FHA financing to renovate the 223 units.
Nature of Requirement: The 24 CFR part 200.73(c) which, states
that a site must contain no less than 5 rental dwelling units.
Section 3.1.CC of the MAP Guide permits a project with two or
noncontiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: July 5, 2016.
Reason Waived: The waiver was granted to allow the City of
Summerville, GA to convert its entire public housing unit inventory
to project based Section 8 rental housing. Six of the parcels have
less than the minimum of five required units. Since the remaining 17
parcels are in compliance, the intent of 24CFR 200.73(c) is
essentially fulfilled.
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 200.73(c).
Project/Activity: The Heritage Village Apartments, FHA Project
Number 042-35702, Toledo, Ohio. The subject property was initially
developed and insured under Section 221(d)(4) of the National
Housing Act under the project name of Vistula Heritage Village. The
property has a project-based Section 8 HAP contract that covers all
250 units and consists of 21 separate parcels of which all but seven
have more than five units per site.
Nature of Requirement: The 24 CFR part 200.73(c) which, states
that a site must contain no less than 5 rental dwelling units.
Section 3.1.O.l.CC of the MAP Guide permits a project with two or
more contiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: July 22, 2016.
Reason Waived: The waiver was granted to allow much needed
preservation in an historic section of Toledo. The property has been
managed as one project since inception; therefore, the intent of 24
CFR 200.73(c) is essentially fulfilled. The waiver allows Heritage
Village Apartments to preserve and maintain affordable rental
housing for low income families
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 219.220(b).
Project/Activity: Golden Spike Apartments, FHA Project Number
101-44026, Denver, Colorado. Colorado Veteran and Retired
Railroaders, Incorporated (Owner) seeks approval to defer repayment
of the Flexible Subsidy Operating Assistance Loan on the subject
project.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, 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.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: July 7, 2016.
Reason Waived: The owner requested and was granted a waiver of
the requirement to repay the Flexible Subsidy Operating Assistance
Loan in full when it became due. Deferring the loan payment will
preserve this affordable housing resource for an additional 20 years
through the execution and recordation of a Rental Use Agreement.
Contact: Marilyn Carlson, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6156, Washington, DC 20410, telephone (202) 402-4744.
Regulation: 24 CFR 219.220(b).
Project/Activity: Cumberland Court Apartments, FHA Project
Number 075-44039T, Oshkosh, Wisconsin. Cumberland Court Housing
Commission, Incorporated (Owner) seeks approval to defer repayment
of the Flexible Subsidy Operating Assistance Loan on the subject
project.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, 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.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: July 26, 2016.
Reason Waived: The owner requested and was granted a waiver of
the requirement to repay the Flexible Subsidy Operating Assistance
Loan in full when it became due. Deferring the loan payment will
preserve this affordable housing resource for an additional 20 years
through the execution and recordation of a Rental Use Agreement.
Contact: Valencia Hare, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6180, Washington, DC 20410, telephone (202) 402-6103.
Regulation: 24 CFR 219.220(b)
Project/Activity: Golden Spike Apartments, FHA Project Number
101-44026, Denver, Colorado. Colorado Veteran and Retired
Railroaders, Incorporated (Owner) seeks approval to defer repayment
of the Flexible Subsidy Operating Assistance Loan on the subject
project.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, 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.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing, H
Date Granted: July 7, 2016
Reason Waived: The owner requested and was granted a waiver of
the requirement to repay the Flexible Subsidy Operating Assistance
Loan in full when it became due. Deferring the loan payment will
preserve this affordable housing resource for an additional 20 years
through the execution and recordation of a Rental Use Agreement.
Contact: Marilyn Carlson, Senior Account Executive, Department
of Housing and Urban Development, 451 7th Street SW., Washington, DC
20410-8000, telephone: (202) 402-4744.
Regulation: 24 CFR 219.220(b).
Project/Activity: Manchester Knolls Cooperative and Manchester
Knolls II Cooperative, FHA Project Numbers 071-44073 and 071-44075,
North Chicago, Illinois. Manchester Knolls Cooperative, Incorporated
(owner) seeks approval to defer repayment of the Flexible Subsidy
Operating Assistance Loans on the subject projects.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, 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.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing, H.
Date Granted: September 14, 2016.
Reason Waived: The owner requested and was granted a waiver of
the requirement to repay the Flexible Subsidy Operating Assistance
Loans in full when they became due. Deferring the loan payments will
preserve these affordable housing resources for an additional 35
years through the execution and recordation of a Rental Use
Agreement.
Contact: Crystal Martinez, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6174, Washington, DC 20410, telephone (202) 402-3718.
Regulation: 24 CFR 232.7.
Project/Activity: CountryHouse of Grand Island is a memory care
facility. The facility does not meet the requirements of 24 CFR
232.7 ``Bathroom'' of FHA's regulations. The project is located in
Grand Island, NE.
Nature of Requirement: The regulation at 24 CFR 232.7 mandates
in a board and care home or assisted living facility that 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.
[[Page 88265]]
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: August 25, 2016.
Reason Waived: The project is for memory care, all rooms have
half-bathrooms and the ratio of residents to full bathroom rooms is
6.75/1. The memory care residents need assistance with bathing. The
project meets the State of Nebraska's licensing requirements for
bathing and toileting facilities.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 232.7.
Project/Activity: Devonshire Retirement Village is a memory care
facility. The facility does not meet the requirements of 24 CFR
232.7 ``Bathroom'' of FHA's regulations. The project is located in
Lapeer, MI.
Nature of Requirement: The regulation at 24 CFR 232.7 mandates
in a board and care home or assisted living facility that 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: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 21, 2016.
Reason Waived: The project is for memory care, all rooms have
half-bathrooms and the ratio of residents to full bathroom rooms is
7:1. The memory care residents need assistance with bathing. The
project meets the State of Michigan's licensing requirements for
bathing and toileting facilities.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 232.7.
Project/Activity: White Pines of Fridley is a memory care
facility. The facility does not meet the requirements of 24 CFR
232.7 ``Bathroom'' of FHA's regulations. The project is located in
Fridley, MN.
Nature of Requirement: The regulation at 24 CFR 232.7 mandates
in a board and care home or assisted living facility that 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: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 27, 2016.
Reason Waived: The project is for memory care, all rooms have
half-bathrooms and the ratio of residents to full bathroom rooms is
7:1. The memory care residents need assistance with bathing. The
project meets the State of Minnesota's licensing requirements for
bathing and toileting facilities.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 232.1005.
Project/Activity: Stygler Commons and Portage Trail Village are
two existing Section 202 projects that received Assisted Living
Conversion Program grants to convert the projects to assisted living
facilities. All operating licenses and accounts receivable
associated with revenue generated as a result of the care provided
at these two projects were pledged as collateral for a bond
issuances used the finance the projects. The projects are located in
Gahanna and Cuyahoga Falls, Ohio.
Nature of Requirement: The regulation at 24 CFR 232.1005
mandates that all accounts deriving from the operation of the
property, including operator accounts and including all funds
received from any source or derived from the operation of the
facility, are project assets subject to control under the insured
mortgage loan's transactional documents, including, without
limitation, the operator's regulatory agreement.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 21, 2016.
Reason Waived: The waiver of the requirement, in part, is
required to allow the projects to refinance. The bond trustee agreed
to release the licenses associated with the projects from the
collateral securing the bond obligation. However, all accounts
receivable associated with the revenue generated as a result of the
care provided continue to secure the bond obligation. All other
accounts will be pledged in accordance with the Department's
requirements. The service provider for the two projects agreed to
provide a corporate guarantee to guarantee both loans.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 242.21.
Project/Activity: LRGHealthcare (LRG) is a not-for-profit
501(c)(3) organization that operates two facilities in New
Hampshire: Lakes Region General Hospital, a 137-bed Sole Community
Hospital in Laconia, NH, and Franklin Regional Hospital, a 25-bed
acute care critical access hospital that has a 10-bed psychiatric
receiving facility, in Franklin, NH.
Nature of Requirement: The regulation mandates that application
fees accompanying Section 242 applications cannot be refunded, in
whole or in part.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: August 3, 2016.
Reason Waived: KeyBanc Capital Markets, Inc., on behalf of LRG,
submitted an application (and an application fee in the amount of
$204,635.50) for a Section 223(f) loan in May 2015. After a brief
review of the application, the Office of Hospital Facilities (OHF)
determined that the application could not be approved. Instead, the
Lender submitted a request for an interest rate reduction, which
reduced the interest rate from 6.38% to 3.7%. This financing closed
in September 2015. Typically application fees are collected to
offset the resources expended to process an application, but HUD
expended no resources in evaluating LRG's application. The refund
will help improve LRG's cash position.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 2247,
Washington, DC 20410, telephone (202) 402-5366.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take-Out, Rhode Island Housing Mortgage
Corporation (Rhode Island Housing).
Nature of Requirement: 24 CFR 266.200(c)(2) HUD's regulation at
24 CFR 266.200(c)(2) allows existing projects to be refinanced if
certain criteria are met. If the property is subject to an HFA
financed loan to be refinanced and such refinancing will result in
the preservation of affordable housing, refinancing of these
properties is permissible if project occupancy is not less than 93
percent (to include consideration of rent in arrears), based on the
average occupancy in the project over the most recent 12 months, and
the mortgage does not exceed an amount supportable by the lower of
the unit rents being collected under the rental assistance agreement
or the unit rents being collected at unassisted projects in the
market area that are similar in amenities and location to the
project for which insurance is being requested. The HUD-insured
mortgage may not exceed the sum of the existing indebtedness, cost
of refinancing, the cost of repairs and reasonable transaction costs
as determined by the Commissioner. If a loan to be refinanced has
been in default within the 12 months prior to application for
refinancing, the HFA must assume not less than 50 percent of the
risk.
Equity take-outs for existing projects (refinance transactions):
Permit the insured mortgage to exceed the sum of the total cost of
acquisition, cost of financing, cost of repairs, and reasonable
transaction costs or ``equity take-outs'' in refinances of HFA-
financed projects and those outside of HFA's portfolio if the result
is preservation with the following conditions:
1. Occupancy is no less than 93% for previous 12 months;
2. No defaults in the last 12 months of the HFA loan to be
refinanced;
3. A 20-year affordable housing deed restriction placed on title
that conforms to the 542(c) statutory definition;
4. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
5. For projects subsidized by Section 8 Housing Assistance
Payment (HAP) contracts: Owner agrees to renew HAP contract(s) for
20-year term, (subject to appropriations and statutory
authorization, etc.,), and existing and post-refinance HAP residual
receipts are set aside to be used to reduce future HAP payments.
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 6, 2016.
Reason Waived: Necessary to effectuate the Federal Financing
Bank (FFB) Risk Sharing
[[Page 88266]]
Initiative between Housing and Urban Development and the Treasury
Department/FFB announced in Fiscal Year 2014. The waivers are
consistent with changes Multifamily is seeking now to the regulation
and as previously approved in March 2015 for the first 11 HFAs
participating in the Initiative. Under this Initiative, FFB provides
capital to participating Housing Finance Agencies (HFAs) to make
multifamily loans insured under the FHA Multifamily Risk Sharing
Program.
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC,
20410, telephone (202) 402-6130.
Regulation: 24 CFR 290.30(a).
Project/Activity: Eastern Parkway Apartments, FHA Project Number
012-57049 V and W, Brooklyn, New York. Eastern Parkway HAP
Associates, L.P. (Owner) seeks approval to waive the non-competitive
sale of two HUD-held multifamily mortgages.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 14, 2016.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of two HUD-held multifamily mortgages. A
waiver allows the Department to assign the mortgages to the owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Susanna Oyewole, Account Executive, Office of Housing,
Department of Housing and Urban Development, 451 7th Street SW.,
Room 6168, Washington, DC 20410, telephone (202) 402-6080.
Regulation: 24 CFR 891.165.
Project/Activity: Victoria at COMM22, San Diego, CA, Project
Number: 129-EE036/CA33-S101-001.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: September 13, 2016.
Reason Waived: Additional time was needed to meet other
requirements of the State of California and time for the tax credit
investor to review and approve the loan documents.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
IV. 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(c)(1) and 24 CFR 5.801(d)(1).
Project/Activity: Brown County North East Kansas Community
Action Program (KS168).
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: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 21, 2016.
Reason Waived: Brown County North Kansas Community Action
Program, NEK-CAP (HA), a Section 8 only entity, requested an
extension to submit its audited financial data for the fiscal year
end (FYE) of September 30, 2015, to align with its Housing Choice
Voucher (HCV) program. The HCV program fiscal year end change was
granted on December 4, 2015. The additional time would permit the
auditor necessary time to compile and complete NEK-CAP's required
audited financial data submission to the Department.
This FASS audited financial submission waiver (extension) does
not apply to Single Audit submissions to the Federal Audit
Clearinghouse; the HA is required to meet the Single Audit due date.
Contact: Dee Ann R. Walker, Acting 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) 475-7908.
Regulation: 24 CFR 902.25.
Project/Activity: Rayville Housing Authority (LA105).
Nature of Requirement: Physical inspections are required to
ensure that public housing units are decent, safe, sanitary and in
good repair, as determined by an inspection conducted in accordance
with HUD's Uniform Physical Condition Standards (UPCS). Baseline
inspections will have all properties inspected regardless of
previous PHAS designation or physical inspection scores.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Partially Granted: July 11, 2016.
Reason Waived: Rayville Housing Authority (HA), requested to be
waived from all physical inspections and physical condition scoring
of property/units for its fiscal year end (FYE) of September 30,
2016.
Pursuant to 24 CFR 5.110, the HA was granted a partial waiver
for good cause of the PHAS and physical inspection score for its FYE
September 30, 2016. The HA was advised that the inspection results
will be for informational purposes and would not serve as the
inspection of record. The HA was also advised that September 30,
2017, would be the baseline year to determine its eligibility for
Small PHA Deregulation and that a new inspection would be required
upon that date.
Contact: Dee Ann R. Walker, Acting 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) 475-7908.
Regulation: 24 CFR 902.25.
Project/Activity: Bogalusa Housing Authority (LA024).
Nature of Requirement: Physical inspections are required to
ensure that public housing units are decent, safe, sanitary and in
good repair, as determined by an inspection conducted in accordance
with HUD's Uniform Physical Condition Standards (UPCS). Baseline
inspections will have all properties inspected regardless of
previous PHAS designation or physical inspection scores.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Partially Granted: August 9, 2016.
Reason Waived: Bogalusa Housing Authority (HA), requested to be
waived from all physical inspections and physical condition scoring
of property/units for its fiscal year end (FYE) of September 30,
2016.
Pursuant to 24 CFR 5.110, the HA was granted a partial waiver
for good cause of the PHAS and physical inspection score for its FYE
September 30, 2016. The HA was advised that the inspection results
will be for informational purposes and would not serve as the
inspection of record. The HA was also advised that September 30,
2017, would be the baseline year to determine its eligibility for
Small PHA Deregulation and that a new inspection would be required
upon that date.
Contact: Dee Ann R. Walker, Acting 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) 475-7908.
Regulation: 24 CFR 982.251(c).
Project/Activity: Department of Housing and Community
Development in Boston, Massachusetts requested a waiver of 24 CFR
982.251(c) so that HUD-Veterans Affairs Supportive Housing (VASH)
families do not have to be placed on the agency's waiting list for
HUD-VASH project-based voucher (PBV) assistance.
Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall
select families to receive PBV assistance from its waiting list.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 29, 2016.
Reason Waived: This regulation was waived so that the VA could
refer families to a new veterans' facility in Bedford, Massachusetts
without placing their names on a waiting list. Having to use a
waiting list for PBV assistance could delay housing these veterans.
In addition, HUD-VASH families are not placed on a waiting list for
tenant-based voucher assistance.
Contact: Becky Primeaux, 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 7th Street SW.,
[[Page 88267]]
Room 4216, Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.251(c).
Project/Activity: Brockton Housing Authority in Brockton,
Massachusetts, requested a waiver of 24 CFR 982.251(c) so that HUD-
Veterans Affairs Supportive Housing (VASH) families do not have to
be placed on the agency's waiting list for HUD-VASH project-based
voucher (PBV) assistance.
Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall
select families to receive PBV assistance from its waiting list.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 19, 2016.
Reason Waived: This regulation was waived so that the VA could
refer families to a new veterans' facility on the grounds of the
Brockton VA Medical Center in Brockton, Massachusetts without
placing their names on a waiting list. Having to use a waiting list
for PBV assistance could delay housing these veterans. In addition,
HUD-VASH families are not placed on a waiting list for tenant-based
voucher assistance.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.503(c).
Project/Activity: Howard County Housing Commission (HCHC) in
Columbia, Maryland, requested a waiver of 24 CFR 982.503(c) so that
it could receive approval for exception payment standards at 135
percent of the fair market rents.
Nature of Requirement: This regulation requires certain
conditions prior to the approval of area-wide exception payment
standards which the HCHC did not meet.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: August 19, 2016.
Reason Waived: This waiver was granted because in 2016 the
separate FMRs for Columbia were eliminated and combined with the
FMRs for the Baltimore Metropolitan Statistical Area which will
result in an increase in family rents after the tenant protection is
eliminated.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulations: 24 CFR 982.503(c)(4)(ii), 982.503(c)(5)
and 982.503(c)(3)(i)(B).
Project/Activity: Housing Authority of the City of Lake Charles
in Lake Charles, Louisiana, requested a waiver of these regulations
so that it could receive approval for exception payment standards at
135 percent of the fair market rents (FMR).
Nature of Requirement: These regulations require: (1) A six-
month wait until payment standards could go above the basic range;
(2) exception payment standards could not include more than 50
percent of the FMR area; and (3) approval must be supported by
statistically representative rental housing survey data.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 19, 2016.
Reason Waived: These waivers were granted because of a shock to
the rental housing market caused by increased economic activity in
the FMR area due to the expansion of the petrochemical industry.
These corporations leased hundreds of units that were previously
available for voucher participants.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.503(e)(1).
Project/Activity: Housing Works in Redmond, Oregon, requested a
waiver of 24 CFR 982.505(e)(1) to enable the housing authority to
adopt success rate payment standards.
Nature of Requirement: 24 CFR 982.505(e)(1) states that a public
housing agency (PHA) may obtain HUD Field Office approval of success
rate payment standard amounts provided the PHA demonstrates that is
has established payment standard amounts for all unit sizes in the
entire PHA's jurisdiction with the fair market rent (FMR) area at
110 percent of the published FMR for at least the six-month period
prior to the time the request for success rate payment standards is
made to HUD.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: August 9, 2016.
Reason Waived: One of the counties in the FMR area did not
warrant success rate payment standards as the non-success rate
payment standards were adequate in that county.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(4).
Project/Activity: Vallejo Housing Authority in Vallejo,
California, requested a waiver of 24 CFR 982.505(c)(4) so that it
could approve an exception payment standard amount above 120 percent
of the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(c)(4) states that if the
payment standard amount is increased during the term of the housing
assistance payment contract, the increased payment standard shall be
used to calculate the monthly housing assistance payment for the
family beginning at the effective date of the family's first regular
reexamination on or after the effect date of the increase in the
payment standard amount.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 25, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share subsequent to the owner's rent increase
prior to the annual recertification.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: San Francisco Housing Authority in San
Francisco, California, requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment standard amount above 120
percent of the fair market rents (FMR) as a reasonable
accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 9, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: San Francisco Housing Authority in San
Francisco, California, requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment standard amount above 120
percent of the fair market rents (FMR) as a reasonable
accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 9, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40
[[Page 88268]]
percent of its adjusted income toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the County of Los Angeles
in Alhambra, California, requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment standard amount above 120
percent of the fair market rents (FMR) as a reasonable
accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 20, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202)708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of Douglas County in
Roseburg, Oregon, requested a waiver of 24 CFR 982.505(d) so that it
could approve an exception payment standard amount above 120 percent
of the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 21, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Bellingham Whatcom County Housing Authorities
in Bellingham, Washington, requested a waiver of 24 CFR 982.505(d)
so that it could approve an exception payment standard amount above
120 percent of the fair market rents (FMR) as a reasonable
accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 25, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Vallejo Housing Authority in Vallejo,
California, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: August 9, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Arvada Housing Authority in Arvada,
California, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: August 19, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Ithaca Housing Authority in Ithaca, New York,
requested a waiver of 24 CFR 982.505(d) so that it could approve an
exception payment standard amount above 120 percent of the fair
market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 19, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Boston Housing Authority in Boston,
Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it
could approve an exception payment standard amount above 120 percent
of the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 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 no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 30, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and
[[Page 88269]]
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-
0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: The Flint Housing Commission (FHC) in Flint,
Michigan, requested a waiver of 24 CFR 985.101(a) so that it could
submit its Section Eight Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a) states a PHA must
submit the HUD-required SEMAP certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 19, 2016.
Reason Waived: This waiver was granted for the FHC's fiscal year
ending August 29, 2016. The waiver was approved because of
circumstances beyond the PHA's control and to prevent additional
administrative burdens for the PHA and field office.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Tallahassee Housing Authority (THA) in
Tallahassee, Florida, requested a waiver of 24 CFR 985.101(a) so
that it could submit its Section Eight Management Assessment Program
(SEMAP) certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a) states a PHA must
submit the HUD-required SEMAP certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 28, 2016.
Reason Waived: This waiver was granted for the THA's fiscal year
ending August 29, 2016. The waiver was approved because of
circumstances beyond the THA's control and to prevent additional
administrative burdens for the PHA and field office.
Contact: Becky Primeaux, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 1000.224.
Project/Activity: Quechan Housing Authority, Winterhaven, CA
92283.
Nature of Requirement: HUD has the general authority under
Section 101(b)(2) of NAHASDA to waive any IHP requirement when an
Indian Tribe cannot comply with IHP requirements due to exigent
circumstances beyond its control, for a period of not more than 90
days.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: July 14, 2016.
Reason Waived: A waiver was requested and granted to extend the
due date for Quechan Housing Authority's 2017 Indian Housing Plan
because of exigent circumstances in order to provide flexibility to
address the needs of the Indian Tribe.
Contact: Deborah Apsey, GM Specialist, Office of Public and
Indian Housing, Department of Housing and Urban Development, 1 North
Central Avenue, Suite 600, Phoenix, Arizona 85004, telephone (602)
379-7217.
Regulation: 24 CFR 1006.410(a)(2).
Project/Activity: Native Hawaiian Housing Block Grant Program
Annual Performance Report (APR) Honolulu, Hawaii.
Nature of Requirement: Each fiscal year the Department of
Hawaiian Home Lands (DHHL) must submit a performance report to HUD
within 60 days of the end of DHHL's fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: September 19, 2016.
Reason Waived: DHHL was granted a 30-day extension to the due
date to complete the subrecipient monitoring and allow public
comment on the APR.
Contact: Claudine Allen, Program Specialist, Office of Public
and Indian Housing, Department of Housing and Urban Development,
1132 Bishop Street, Suite 1400, Honolulu, HI 96813, telephone (808)
457-4674.
[FR Doc. 2016-29354 Filed 12-6-16; 8:45 am]
BILLING CODE 4210-67-P