[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49327-49334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20250]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6164-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2019
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, 2019 and ending on June 30, 2019.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Acting Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (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 second quarter of calendar year 2019.
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, 2019 through June 30, 2019. 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
[[Page 49328]]
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 2019) before the next report is published (the third
quarter of calendar year 2019), 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 12, 2019.
J. Paul Compton Jr.,
General Counsel.
APPENDIX
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2019 through June
30, 2019
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 Government National
Mortgage Association
IV. Regulatory waivers granted by the Office of Housing.
V. 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: Section II.B.3.a of the NSP Unified Notice.
Project/Activity: State of West Virginia's Request to Amend
Affordability Period for eight Units.
Nature of Requirement: Consistent with the Housing and Economic
Recovery Act of 2008 (HERA), which authorized NSP, the Notice of
Formula Allocations and Program Requirements for Neighborhood
Stabilization Program Formula Grants, at 75 FR 64322, requires NSP
grantees to ensure, to the maximum extent practicable and for the
longest feasible term, that the sale, rental or redevelopment of
abandoned and foreclosed NSP-assisted homes and residential
properties remain affordable to individuals or families whose
incomes do not exceed 120% of area median income. Further, the
Notice, at section II.B.3.a, states grants must adopt, at a minimum,
the HOME program standards in 24 CFR part 92 to comply with the
continued affordability requirement.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: This waiver will allow the state of West
Virginia, using CDBG-DR funds, to redevelop the ground floor of a
flooded NSP building for commercial or other non-residential uses.
This will enable the state to lift the requirement that the first
floor units remain residential, which could put them at risk for
another flood. The state will also repair the utilities so that the
third floor can once again serve as affordable housing, and will
develop eight new affordable housing units at a different site.
Contact: John Laswick, Deputy Director, Entitlement Communities
Division, Office of Block Grant Assistance, Office of Community
Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410,
telephone (202) 402-4521.
Regulation: 24 CFR 51.104(b)(2).
Project/Activity: Delamarre Apartments--Celebration, Florida.
The construction of a mixed-use project to create 379 housing units
of market-rate housing and a clubhouse under HUD's Section 221(d)(4)
mortgage insurance program.
Nature of Requirement: The regulation at 24 CFR 51.104(b)(2)
requires an environmental impact statement for projects in
unacceptable noise zones. The Assistant Secretary may waive the EIS
requirement in cases where noise is the only environmental issue and
no outdoor noise sensitive activity will take place on the site. In
such cases, an environmental review shall be made pursuant to the
requirements of 24 CFR parts 50.
Granted By: David C. Woll, Jr. Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: June 12, 2019.
Reason Waived: The project will further the HUD mission and will
advance HUD program goals to develop viable, sustainable communities
and affordable housing. The construction of the units will
adequately protect the interiors, and outdoor, noise-sensitive uses
will be protected by noise barriers to ensure HUD's exterior noise
goal. Based on the environmental assessments, no adverse
environmental impact will result from this development in an
unacceptable noise zone.
Contact: Marcel Tchaou, Office of Environment and Energy, Office
of Community Planning and Development, Department of Housing and
Urban Development 451 Seventh Street SW, Room 7212, Washington, DC
20410, telephone (202) 402-7077.
Regulation: 24 CFR 91.105(c)(2); 24 CFR 91.105(k) and
24 CFR 91.115(c)(2) and 24 CFR 91.115(i)--30-day Public Comment
Period for Consolidated Plan Amendment.
Project/Activity: Hurricane Michael and subsequent flooding
caused substantial damage to neighborhoods throughout Florida's Bay,
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty,
Taylor, Wakulla, and Washington counties. Consequently, many
individuals and families residing in the declared-disaster area were
affected, including the current beneficiaries of the Emergency
Solutions Grants (ESG) Program and families eligible to receive ESG
assistance. The state has inquired about the availability of certain
regulatory waivers of ESG Program requirements to facilitate
recovery and assist individuals and families affected by the
disaster.
On October 19, 2018, the aforementioned Florida counties were
included in a major disaster declaration (FEMA-DR-4399) under Title
IV of the Stafford Act.
Nature of Requirement: An ESG Program recipient may amend an
approved consolidated plan in accordance with 24 CFR 91.505.
Substantial amendments to the consolidated plan, such as the
addition of new activities or a change in the use of ESG Program
funds from one eligible activity to another, are subject to the
citizen participation process in the recipient's citizen
participation plan. The citizen participation plan must provide
citizens with 30 days to comment on substantial amendments.
Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115
(c)(2) and (i) set forth the citizen participation plan requirements
for local governments and states, respectively. For substantial
amendments to the consolidated plan, the regulations require the
recipient to follow its citizen participation plan to provide
citizens, for both local government and state plans, and units of
general local government, for state plans, with reasonable notice
and opportunity to comment. The citizen participation plan must
state how reasonable notice and opportunity to comment will be
given.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: Given the need to expedite actions to respond to
the disaster, HUD waives the 30-day public comment requirement of 24
CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the
public comment period to seven days. In reducing the comment period
to seven days, HUD is balancing the need to quickly assist families
dealing with the aftereffects of the hurricane while continuing to
provide reasonable notice and opportunity for citizens to comment on
the proposed uses of ESG Program funds.
In addition, HUD recognizes that the destruction wrought by
Hurricane Michael makes it difficult for the recipient to provide
notice to citizens in accordance with its citizen participation
plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and
91.115(c)(2) and (i) to allow the recipient to determine what
constitutes reasonable notice and opportunity to comment.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 91.105(c)(2); 24 CFR 91.105(k) and
24 CFR 91.115(c)(2) and 24 CFR 91.115(i)--30-day Public Comment
Period for Consolidated Plan Amendment.
[[Page 49329]]
Project/Activity: The California wildfires caused substantial
damage to neighborhoods throughout Butte, Los Angeles, and Ventura
counties. Consequently, many individuals and families residing in
the declared-disaster area were affected, including the current
beneficiaries of the ESG Program and families eligible to receive
ESG assistance. The state inquired about the availability of certain
regulatory waivers of ESG Program requirements to facilitate
recovery and assist individuals and families affected by the
disaster.
Nature of Requirement: An ESG Program recipient may amend an
approved consolidated plan in accordance with 24 CFR 91.505.
Substantial amendments to the consolidated plan, such as the
addition of new activities or a change in the use of ESG Program
funds from one eligible activity to another, are subject to the
citizen participation process in the recipient's citizen
participation plan. The citizen participation plan must provide
citizens with 30 days to comment on substantial amendments.
Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115
(c)(2) and (i) set forth the citizen participation plan requirements
for local governments and states, respectively. For substantial
amendments to the consolidated plan, the regulations require the
recipient to follow its citizen participation plan to provide
citizens, for both local government and state plans, and units of
general local government, for state plans, with reasonable notice
and opportunity to comment. The citizen participation plan must
state how reasonable notice and opportunity to comment will be
given.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: Given the need to expedite actions to respond to
the disaster, HUD waives the 30-day public comment requirement of 24
CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the
public comment period to seven days. In reducing the comment period
to seven days, HUD is balancing the need to quickly assist families
dealing with the aftereffects of the wildfires while continuing to
provide reasonable notice and opportunity for citizens to comment on
the proposed uses of ESG Program funds.
In addition, HUD recognizes that the destruction wrought by the
California wildfires makes it difficult for the recipient to provide
notice to citizens in accordance with its citizen participation
plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and
91.115(c)(2) and (i) to allow the recipient to determine what
constitutes reasonable notice and opportunity to comment.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 91.105(c)(2) and 24 CFR 91.115(i).
Project/Activity: Northern Mariana Islands' Plan Amendments for
use of CDBG funding.
Nature of Requirement: The citizen participation plan (part of
the Consolidated Plan) must provide residents and units of general
local government with reasonable notice and an opportunity to
comment on consolidated plan substantial amendments. The citizen
participation plan must provide a period, of not less than 30
calendar days, to receive comments on the consolidated plan
substantial amendment before the consolidated plan substantial
amendment is implemented. The waiver reduced this period to not less
than seven days.
Granted By: David C. Woll, Jr., Principal Deputy Assistant
Secretary, Office of Community Planning and Development.
Date Granted: January 29, 2019.
Reason Waived: In reducing the comment period to seven, HUD is
balancing the need to quickly assist families dealing with the
after-effects of the tropical storm [FEMA-4404-DR] while continuing
to provide reasonable notice and opportunity for citizens to comment
on the proposed uses of the Northern Mariana Islands' CDBG funds.
Contact: James H[ouml]emann, Deputy Director, State and Small
Cities Division, Office of Block Grant Assistance, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410,
telephone (202) 402-5716.
Regulation: 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
Project/Activity: State of Nebraska's Plan Amendments for use of
CDBG funding.
Nature of Requirement: The citizen participation plan (part of
the Consolidated Plan) must provide residents and units of general
local government with reasonable notice and an opportunity to
comment on consolidated plan substantial amendments. The citizen
participation plan must provide a period, of not less than 30
calendar days, to receive comments on the consolidated plan
substantial amendment before the consolidated plan substantial
amendment is implemented. The waiver reduced this period to not less
than seven days.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: In reducing the comment period to seven, HUD is
balancing the need to quickly assist families dealing with the
after-effects of the flood [DR-4420] while continuing to provide
reasonable notice and opportunity for citizens to comment on the
proposed uses of the State of Nebraska's CDBG funds.
Contact: James H[ouml]emann, Deputy Director, State and Small
Cities Division, Office of Block Grant Assistance, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410,
telephone (202) 402-5716.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Contra Costa County, California, requested a
waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance
established by its local public housing agency (PHA) for a HOME-
assisted project--St. Paul's Commons.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: David C. Woll Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: June 18, 2019.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and
Housing Relocation and Stabilization Services.
Project/Activity: Hurricane Michael and subsequent flooding
caused substantial damage to neighborhoods throughout Florida's Bay,
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty,
Taylor, Wakulla, and Washington counties. Consequently, many
individuals and families residing in the declared-disaster area were
affected, including the current beneficiaries of the ESG Program and
families eligible to receive ESG assistance. The state has inquired
about the availability of certain regulatory waivers of ESG Program
requirements to facilitate recovery and assist individuals and
families affected by the disaster.
On October 19, 2018, the aforementioned Florida counties were
included in a major disaster declaration (FEMA-DR-4399) under Title
IV of the Stafford Act.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any three-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any three-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: Waiving the 24 month caps on rental assistance,
utility payments, and housing stability case management
[[Page 49330]]
assistance will assist individuals and families, both those already
receiving assistance and those who will receive assistance
subsequent to the date of this memorandum to maintain stable
permanent housing in place or in another area and help them return
to their hometowns, as desired, when additional permanent housing is
available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5);
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and
Housing Relocation and Stabilization Services.
Project/Activity: The California wildfires caused substantial
damage to neighborhoods throughout Butte, Los Angeles, and Ventura
counties. Consequently, many individuals and families residing in
the declared-disaster area were affected, including the current
beneficiaries of the ESG Program and families eligible to receive
ESG assistance. The state inquired about the availability of certain
regulatory waivers of ESG Program requirements to facilitate
recovery and assist individuals and families affected by the
disaster.
Nature of Requirement: The ESG regulation at 24 CFR 576.106(a)
prohibits a program participant from receiving more than 24 months
of ESG rental assistance during any three-year period. Section
576.105(a)(5) prohibits a program participant from receiving more
than 24 months of utility payments under ESG during any three-year
period. Section 576.105(b)(2) limits the provision of housing
stability case management to 30 days while the program participant
is seeking permanent housing and 24 months while the program
participant is living in permanent housing.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: Waiving the 24 month caps on rental assistance,
utility payments, and housing stability case management assistance
will assist individuals and families, both those already receiving
assistance and those who will receive assistance subsequent to the
date of this memorandum to maintain stable permanent housing in
place or in another area and help them return to their hometowns, as
desired, when additional permanent housing is available.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: Hurricane Michael and subsequent flooding
caused substantial damage to neighborhoods throughout Florida's Bay,
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty,
Taylor, Wakulla, and Washington counties. Consequently, many
individuals and families residing in the declared-disaster area were
affected, including the current beneficiaries of the ESG Program and
families eligible to receive ESG assistance. The state has inquired
about the availability of certain regulatory waivers of ESG Program
requirements to facilitate recovery and assist individuals and
families affected by the disaster.
On October 19, 2018, the aforementioned Florida counties were
included in a major disaster declaration (FEMA-DR-4399) under Title
IV of the Stafford Act.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: HUD has determined that the rental vacancy rate
in affected areas after hurricanes is extraordinarily low. Waiving
the FMR restriction will make more units available to individuals
and families in need of permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: The California wildfires caused substantial
damage to neighborhoods throughout Butte, Los Angeles, and Ventura
counties. Consequently, many individuals and families residing in
the declared-disaster area were affected, including the current
beneficiaries of the ESG Program and families eligible to receive
ESG assistance. The state inquired about the availability of certain
regulatory waivers of ESG Program requirements to facilitate
recovery and assist individuals and families affected by the
disaster.
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: HUD has determined that the rental vacancy rate
in affected areas after the wildfires is extraordinarily low.
Waiving the FMR restriction will make more units available to
individuals and families in need of permanent housing.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.
Regulation: 24 CFR 578.23(c)(9) and 24 CFR
578.23(c)(10);
Project/Activity: NY-603--Long Island Continuum of Care (CoC)
Program reallocated 11 Permanent Supportive Housing (PSH) projects
in the FY 2018 CoC Program Competition, which affects almost 300
program participants--many with disabilities, who face returning to
homelessness. The interim rule requires certain documentation
requirements and imposes eligibility requirements which severely
limits potential available housing options for program participants
to transfer into other CoC Program-funded projects.
Nature of Requirement: 24 CFR 578.23(c)(9) and 24 CFR
578.23(c)(10) requires the recipient to sign a grant agreement under
which they agree to use the centralized or coordinated assessment
system established by the Continuum of Care as set forth in Sec.
578.7(a)(8) and follow the written standards for providing Continuum
of Care assistance developed by the Continuum of Care, including the
minimum requirements set forth in Sec. 578.7(a)(9). Section
578.7(a)(9)(v) requires these written standards to include policies
and procedures for determining and prioritizing which eligible
individuals and families will receive permanent supportive housing
assistance.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: May 31, 2019.
Reason Waived: The waiver will permit program participants
residing in PSH projects defunded in the FY 2018 CoC Program
Competition permanent housing to be served by other CoC Program-
funded projects by waiving prioritization requirements and allowing
program participants to self-certify their homeless status at the
time they entered the defunded PSH project.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
Project/Activity: Family Support Center of South Sound (FSCSS)
provides program participants with Rapid Re-Housing (RRH) assistance
that includes short- and medium-term rental assistance, ranging from
three months to nine months, while also providing supportive
services to help increase participant income through employment and
the acquisition of mainstream benefits.
Nature of Requirement: The ``permanent housing'' definition at
24 CFR 578.3 and the lease requirement for permanent housing rental
assistance at 24 CFR 578.51(l)(1) require program participants to
have a lease with an initial term of at least one year, which is
renewable for terms that are a minimum of one month long and is
terminable only for cause.
[[Page 49331]]
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: May 17, 2019.
Reason Waived: FCSS states that the HUD rule requiring a lease
term of at least one year creates an unintentional barrier for
participant access to available housing units. Between July and
December of 2018, FCSS documented a minimum of five households who
identified a housing option but were denied by the landlord because
of this requirement. Each of these participants had to restart their
housing search and their episode of homelessness was extended
because shorter lease term options were not allowable.
Waiving these provisions will allow the recipient expedite
voucher utilization and better coordinate with landlords in an area
with low vacancy rates and housing providers that aren't willing to
enter into one-year lease agreements. Program participants residing
in rapid re-housing units may enter into leases that have an initial
term of less than one year, so long as the leases have an initial
term of more than one month, are renewable for terms that are a
minimum of one month long and are only terminable for cause.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
Project/Activity: Home Forward administers six projects that
provides permanent supportive housing projects that provide rental
assistance on behalf of program participants with disabilities and
experiencing chronic homelessness in the Multnomah County, OR
region.
Nature of Requirement: The ``permanent housing'' definition at
24 CFR 578.3 and the lease requirement for permanent housing rental
assistance at 24 CFR 578.51(l)(1) require program participants to
have a lease with an initial term of at least one year, which is
renewable for terms that are a minimum of one month long and is
terminable only for cause.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 18, 2019.
Reason Waived: This jurisdiction has incredibly low vacancy
rates ranging from 2.87 to 4.37 percent over the past couple years.
In addition, rents in this area have increased at a rate of 6.37 to
10.5 percent in comparison to a national average of 1.4 to 3.5
percent annually. Finding affordable housing units in a market where
many landlords have expressed a preference for entering into lease
agreements with terms of less than one year is a challenge. Waiving
these provisions will allow the recipient to better coordinate with
landlords in an area with low vacancy rates and housing providers
that aren't willing to enter into one-year lease agreements. Program
participants residing in permanent supportive housing units may
enter into leases that have an initial term of less than one year,
so long as the leases have an initial term of more than one month,
are renewable for terms that are a minimum of one month long and are
only terminable for cause.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
Project/Activity: Los Angeles Homeless Services Authority
administers four projects that provides program participants with
RRH assistance and supportive services to help increase participant
income through employment and the acquisition of mainstream
benefits.
Nature of Requirement: The ``permanent housing'' definition at
24 CFR 578.3 and the lease requirement for permanent housing rental
assistance at 24 CFR 578.51(l)(1) require program participants to
have a lease with an initial term of at least one year, which is
renewable for terms that are a minimum of one month long and is
terminable only for cause.
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: April 11, 2019.
Reason Waived: The Los Angeles Metro area is the most cost-
burdened in the United States. According to the Joint Center for
Housing Studies, 48 percent of all residents in Los Angeles County
pay more than 30 percent of their income on rent and 82 percent of
the lowest income residents pay more than 50 percent of their income
on rent. Additionally, according to the U.S. Census Bureau 2016
American Community Survey, the rental vacancy rate for Los Angeles
was 2.0 percent. Landlords are also refusing to accept households
experiencing homelessness served by these agencies because of the
12-month lease requirement while they are accepting other households
with similar characteristics and backgrounds that are not enrolled
in their projects. Waiving these provisions will allow the recipient
expedite voucher utilization and better coordinate with landlords in
an area with low vacancy rates and housing providers that aren't
willing to enter into one-year lease agreements. Program
participants residing in rapid re-housing units may enter into
leases that have an initial term of less than one year, so long as
the leases have an initial term of more than one month, are
renewable for terms that are a minimum of one month long and are
only terminable for cause.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 578.103(a)(4).
Project/Activity: NY-603-Long Island CoC reallocated 11
Permanent Supportive Housing (PSH) projects in the FY 2018 CoC
Program Competition, which affects almost 300 program participants--
many with disabilities, who face returning to homelessness. The
interim rule requires certain documentation requirements and imposes
eligibility requirements which severely limits potential available
housing options for program participants to transfer into other CoC
Program-funded projects.
Nature of Requirement: This requirement establishes a
prescriptive process for verifying and documenting a person's
``chronically homeless'' status and only allows for self-
certification if the preferred evidence has proved unobtainable, and
the intake worker's due diligence to obtain the preferred evidence
has been documented
Granted By: David C. Woll, Jr., Acting Assistant Secretary for
Community Planning and Development.
Date Granted: May 31, 2019.
Reason Waived: The prescriptive requirements for verifying and
documenting ``chronically homeless'' status were written for persons
presenting as chronic homeless at time of initial intake, when the
preferred evidence under the rule would most likely be available and
obtainable. The requirements were not meant to be applied to years-
long residents of permanent supportive housing who only now are
being asked for evidence they were chronically homeless when they
entered their permanent supportive housing. It seems overly
burdensome to require these persons or their intake workers to dig
around for the preferred evidence now--as many as ten years after
the person was homeless. In this case, the time and costs required
to dig up the preferred evidence at this point outweighs the extra
assurance any evidence obtainable at this point would provide over a
self-certification.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
II. Regulatory Waivers Granted by the 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 Sec 115.305.
Project/Activity: Fair Housing Assistance Program, Washington,
DC.
Nature of Requirement: FHEO is providing an Enforcement Fund
under existing SEE fund authority set forth at 24 CFR Sec 115.305
for the purpose of providing financial assistance to FHAP agencies
struggling with litigation costs. SEE funds are funds that HUD may
provide to a FHAP agency to support enforcement activities of the
FHAP agency's fair housing law. SEE funds are limited by regulation
to 20 percent of an agency's total FHAP cooperative agreement for
the previous contract year.
Granted By: Anne Maria Far[iacute]as, Assistant Secretary for
Fair Housing and Equal Opportunity.
Date Granted: March 25, 2019.
Reason Waived: Waiver of the 20 percent limitation on SEE funds
for eligible FHAP
[[Page 49332]]
agencies whose total cooperative agreement for fiscal year 2018 was
less than $300,000. This allows more meaningful support for small
and medium-sized agencies.
Contact: Joseph A. Pelletier, Director, Fair Housing Assistance
Division, Office of Fair Housing and Equal Opportunity, Department
of Housing and Urban Development, 451 Seventh Street SW, Room 5206,
Washington, DC 20410, telephone (202) 402-2126.
III. Regulatory Waivers Granted by the Office of Government National
Mortgage Association
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 330.20(a)(2)(i)(D).
Project/Activity: BofA Securities, Inc. (BofAS) eligibility for
approval as a sponsor of Ginnie Mae guaranteed structured
securities.
Nature of the Requirement: The regulation at 24 CFR
330.20(a)(2)(i)(D) establishes certain eligibility requirements for
an entity applying for approval as a Ginnie Mae Sponsor. An
applicant must have at least $250 million in shareholders' equity or
partners' capital evidenced by the sponsor's audited financial
statements, which must have been issued within the preceding 12-
month period.
Granted By: Maren M. Kasper, Acting President, Ginnie Mae.
Date Granted: April 24, 2019.
Reason Waived: The new broker-dealer entity BofA Securities is a
wholly-owned, indirect subsidiary of Bank of America Corporation and
an affiliate of Merrill, Lynch, Pierce, Fenner & Smith Inc.
(MLPF&S), an active sponsor in Ginnie Mae's Multiclass Securities
Program. Due to a reorganization, MLPF&S will stop sponsoring Ginnie
Mae deals and its team leading Ginnie Mae's Multiclass deals will be
transferred to BofAS. This new entity meets the minimum required
amount of $250 million in shareholders' equity or partners' capital
but cannot provide an audited financial statement reflecting this
amount issued in the preceding 12 months due to it being a new
operating entity. BofAS has agreed to assume responsibility for the
legacy Ginnie Mae assets currently under MLPF&S and Bank of America
has provided assurances for liability. This is a special situation
where Ginnie Mae has found good cause to issue a one-time waiver of
the requirement for an applicant for approval as a sponsor to submit
an audited financial statement issued within the preceding 12-month
period that evidences the minimum required amount in shareholders'
equity or partners' capital.
Contact: Richard Perrelli, Product Manager Multiclass
Securities, Office of Capital Markets, Government National Mortgage
Association, Department of Housing and Urban Development, 425 Third
St. SW, 4th FL, Washington, DC 20024, telephone (202) 475-7992.
IV. 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 200.73(c).
Project/Activity: Kenmore Commons, FHA Project Number 042-35722,
Cleveland, Ohio. The subject project has two phases consisting of 17
scattered sites with 25 buildings containing a combined 102 units;
however, 12 of the 25 buildings have less than 5 units. All 102
units are covered by Section 8 HAP Contracts and will continue the
affordability restriction via a 30-year affordable use Regulatory
Agreement with the Ohio Housing Finance Agency. The lender,
Bellwether Enterprise Real Estate Capital, LLC is seeking FHA
financing to substantially renovate 102 affordable 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.O.l.CC of the MAP Guide permits a project with two or
more noncontiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity and each parcel (or
combination of contiguous parcels) has at least 5 units.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 17, 2019.
Reason Waived: The waiver was granted to allow preservation of
102 units that are 100% affordable, where there is a high demand for
affordable housing in the Hough neighborhood near downtown
Cleveland, OH. This project constitutes one manageable and
marketable property.
Contact: Patricia M. Burke, Acting Director Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 200.73(c).
Project/Activity: Riverside Park Homes, FHA Project Number 042-
11324, Cleveland, Ohio. The subject project consists of 20 buildings
containing a combined 90 units; however, 18 of the 20 buildings have
less than 5 units. The lender, Orix Real Estate Capital, LLC is
seeking FHA financing to renovate 90 affordable 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.O.l.CC of the MAP Guide permits a project with two or
more noncontiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity and each parcel (or
combination of contiguous parcels) has at least 5 units.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 17, 2019.
Reason Waived: The waiver was granted to allow preservation of
90 units that are 100% affordable with a Rental Assistance
Demonstration (RAD) conversion. In addition, a provision of a new
20-year Housing Assistance Payment (HAP) contract. This project
constitutes one manageable and marketable property.
Contact: Patricia M. Burke, Acting Director Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 232.7.
Project/Activity: Summit Carolina Manor, FHA Project Number 075-
22141, and Applewood Our Hose, FHA Project Number 101-22143 are
Assisted Living/Memory Care facilities, which do not meet the
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations.
Summit Carolina Manor is located in Appleton, Wisconsin. Applewood
Our House is located on five scattered sites in the suburbs of
Denver, Colorado.
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: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 17, 2019.
Reason Waived: The two projects both currently exceed the 4:1
resident to shower ratio. Each project only serves memory care
residents who require assistance with bathing. These residents are
housed in units in a secure, lock-down area, with a half-bathroom
each and access to the shower rooms through a hallway. The projects
meet the States' licensing requirements for bathing and toileting
facilities. The projects will benefit from a refinance at reduced
interest rates. As part of the refinancing, an additional bathroom
is being added to one of the Applewood sites, which would bring the
building's ratio of residents to full baths to 4:1.
Contact: John M. Hartung, Policy Division Director, Office of
Residential Care Facilities, Office of Healthcare Programs, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 6264, Washington, DC 20401, telephone (202) 402-
5377.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: 542(c) Risk-Sharing Program regulations waiver
was granted on February 7, 2019 for forty (40) projects through the
end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter
by September 30, 2019) for the revised definition of Substantial
Rehabilitation published in the MAP Guide on January 16, 2016, to
the Massachusetts Housing Finance Agency (MassHousing), Boston, MA,
no project names listed.
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2),
Substantial Rehabilitation. The Department will permit the revised
definition of substantial rehabilitation (S/R) as described in the
revised MAP Guide published on January 29, 2016, such that S/R is:
Any scope of work that either (a) Exceeds in aggregate cost a sum
equal to the `base per dwelling unit limit' times the applicable
High Cost Factor, or (b) Replacement of two or more building
systems. `Replacement' is when the cost of replacement work exceeds
50 percent of the cost of replacing the entire system.
The High Cost Factors for 2017 were recently published through a
Housing Notice
[[Page 49333]]
(HN) on August 31, 2017 and the revised statutory limits were
recently published in the Federal Register on November 7, 2017. The
2017 base dwelling unit amount to determine substantial
rehabilitation for FHA insured loan programs has been increased from
$15,000 (changed from $6,500 per unit in the 2016 MAP guide) to
$15,315. This amount will change annually based upon the change in
the annual Consumer Price Index (CPI), along with the statutory
limits or other inflation cost index published by HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 18, 2019.
Reason Waived: MassHousing has been working with developers to
finalize financing proposals; however, they will not be able to
process all forty (40) projects before the end of fiscal year 2019
(i.e. HUD issuance of a firm approval letter by September 30, 2019).
By granting the extension of the waiver to the end of fiscal year
2021 (September 30, 2021), it will allow enough time to complete the
process.
Contact: Patricia M. Burke, Acting Director Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Section 542(c) Risk-Sharing Program
regulations waiver was granted on February 7, 2019 for forty (40)
projects through the end of fiscal year 2019 (i.e. HUD issuance of a
firm approval letter by September 30, 2019) for the revised
definition of Substantial Rehabilitation published in the MAP Guide
on January 16, 2016, to the Massachusetts Housing Finance Agency
(MassHousing), Boston, MA, no project names listed.
Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2),
Existing Projects ``Equity Take-outs''. The Department will 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
MassHousing-financed projects and those outside MassHousing's
portfolio if the result is preservation with the following
conditions:
1. Occupancy is no less than 93 percent 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 Section 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:
a. Owner agrees to renew HAP contract(s) for 20-year term,
(subject to appropriations and statutory authorizations, etc.), and
b. In accordance with regulations in 24 CFR 883.306(e), and
Housing Notice 2012-14--Use of ``New Regulation'' Section 8 Housing
Assistance Payments (HAP) Contracts Residual Receipts of Offset
Project-Based Section 8 Housing Assistance Payments, if at any time
MHP determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, MHP must place the excess funds into a separate interest-
bearing account. Upon renewal of a HAP Contract the excess funds can
be used to reduce future HAP payments or other project operations/
purposes. When the HAP Contracts expires, is terminated, or any
extensions are terminated, any unused funds remaining in the
Residual Receipt Account at the time of the contract's termination
must be returned to HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 18, 2019.
Reason Waived: MassHousing has been working with developers to
finalize financing proposals; however, they will not be able to
process all forty (40) projects before the end of fiscal year 2019
(i.e. HUD issuance of a firm approval letter by September 30, 2019).
By granting the extension of the waiver to the end of fiscal year
2021 (September 30, 2021), it will allow enough time to complete the
process.
Contact: Patricia M. Burke, Acting Director Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410,
telephone (202) 402-5693.
V. 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.
Project/Activity: Coshocton Metropolitan Housing Authority
(OH037).
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: R. Hunter Kurtz, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: June 14, 2019.
Reason Waived: The Coshocton Metropolitan Housing Authority (HA)
requested to waive the reporting requirements for submitting its
audited financial information to extend the due date of its fiscal
year end date of (FYE) June 30, 2018, because the HUD Office of
Inspector General (HUDOIG) is in possession of most of the HA's
records, due to an ongoing investigation into the HA and its
employees. As a result, the Auditor of the State of Ohio had
instructed the HA's independent auditor to hold the audit report
until the HUDOIG investigation is completed. Accordingly, the HA was
granted a six-month extension, until September 30, 2019, to complete
and submit its FYE June 30, 2018, audited financial data to the
Department. This Financial Assessment Subsystem (FASS) audited
waiver (extension) does not apply to Single Audit submissions
required by the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 983.301(f)(2)(ii).
Project/Activity: New York City Housing Authority in New York,
New York, requested a waiver of 24 CFR 983.301(f)(2)(ii) to
establish a site-specific utility allowance for all project-based
voucher units at Hope Gardens.
Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii)
states that the PHA may not establish or apply different utility
allowance amounts for the PBV program. The same PHA utility
allowance schedule applies to both the tenant-based and PBV
programs.
Granted By: R. Hunter Kurtz, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: April 16, 2019.
Reason Waived: New York City Housing Authority has demonstrated
that the utility allowance provided under the HCV Program would
discourage conservation and ultimately lead to inefficient use of
HAP funds at Hope Gardens.
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 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 983.301(f)(2)(ii).
Project/Activity: Schenectady Housing Authority in Schenectady,
New York requested a waiver of 24 CFR 983.301(f)(2)(ii) to establish
a site-specific utility allowance for all project- based voucher
units at Yates Village Phase I.
Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii)
states that the PHA may not establish or apply different utility
allowance amounts for the PBV program. The same PHA utility
allowance schedule applies to both the tenant-based and PBV
programs.
Granted By: R. Hunter Kurtz, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: April 16, 2019.
Reason Waived: Schenectady Housing Authority has demonstrated
that the utility allowance provided under the HCV Program would
discourage conservation and ultimately lead to inefficient use of
HAP funds at Yates Village Phase I.
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 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity: The Housing Authority of Pittsburgh, in
Pittsburgh Pennsylvania requested a waiver of 24 CFR
982.503(b)(l)(i).
[[Page 49334]]
Nature of Requirement: The regulation states that the PHA may
establish the payment standard amount for a unit size at any level
between 90 percent and 110 percent of the published FMR for that
unit size. HUD approval is not required to establish a payment
standard amount in that range (``basic range''). The PHA must revise
the payment standard amount no later than 3 months following the
effective date of the published FMR if a change is necessary to stay
within the basic range.
Granted By: R. Hunter Kurtz, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: April 16, 2019.
Reason Waived: This waiver was approved, taking into account the
administrative burden HACP would face if it were to implement
SAMFRs, only to then receive HUD approval of an alternative payment
standards policy.
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 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 983.156(b).
Project/Activity: Boise City Housing Authority, in Boise, Idaho,
requested a waiver of 24 CFR 983.156(b) requesting approval to enter
into a PBV HAP contract.
Nature of Requirement: The regulation 24 CFR 983.156(b) states
that if the PHA determines that the housing has been completed in
accordance with the Agreement and that the owner has submitted all
required evidence of completion, the PHA must submit the HAP
contract for execution by the owner and must then execute the HAP
contract.
Granted By: R. Hunter Kurtz, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: June 11, 2019.
Reason Waived: This waiver was approved due to a Government
Shutdown which caused a delay in the PBV Contract execution.
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 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: [PIH please insert info].
Project/Activity: The San Antonio Housing Authority in San
Antonio, Texas, requested a waiver of FR-5596-N Section II.j. to
approve MTW flexibilities for its HUD-VASH participants in terms of
regulatory relief and flexibility.
Nature of Requirement: The regulation FR 5596-N Section II.j.
states HUD-VASH vouchers must be administered in accordance with
this notice and are not eligible for fungibility under a PHA's MTW
agreements. HUD-VASH vouchers must be reported on separately from
vouchers under the agency's MTW Agreement.
Granted By: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: June 13, 2019.
Reason Waived: This waiver was approved because the Department
determined that as described the MTW flexibilities do not have a
negative impact on HUD-VASH participants and better serve HUD-VASH
families.
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 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[FR Doc. 2019-20250 Filed 9-18-19; 8:45 am]
BILLING CODE 4210-67-P