Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2013, 56912-56920 [2013-22459]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56912-56920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22459]


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 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5711-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2013

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, 2013, and ending on June 30, 2013.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500, 
telephone 202-708-1793 (this is not a toll-free number). Persons with 
hearing- or speech-impairments may

[[Page 56913]]

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 2013.

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, 2013 through June 30, 2013. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the second quarter of 
calendar year 2013) before the next report is published (the third 
quarter of calendar year 2013), 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 10, 2013.
Helen R. Kanovsky,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development April 1, 
2013 through June 30, 2013

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.

    The regulatory waivers granted appear in the following order:

I. Regulatory waivers granted by the Office of Community Planning 
and Development.
II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 58.22(a).
    Project/Activity: The Seattle Housing Authority in the State of 
Washington requested a waiver of HUD's environmental regulations at 
24 CFR 58.22(a), for entering into a Purchase and Sale Agreement to 
dispose of property contained within an Environmental Impact 
Statement (EIS) on the Yesler Terrace Redevelopment Project prior to 
the approval of the Request for Release of Funds. This was for a 
Choice Neighborhoods project in the City of Seattle that combines 
public housing with neighborhood revitalization.
    Nature of Requirement: The regulation at 24 CFR 58.22(a) 
prohibits commitment of funds or choice-limiting actions before 
HUD's approval of the environmental review. In this case a purchase 
and sales agreement was signed prior to the approval of the 
environmental review.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: June 28, 2013.
    Reason Waived: The waiver was granted because the project 
furthers HUD's mission and advances program goals, the grantee 
unknowingly violated the regulation, and the project was found to 
have no unmitigated, adverse environmental impacts.
    Contact: Kathryn Au, Office of Environment and Energy, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7248, Washington, DC 20410, 
telephone 202-402-6340.
     Regulation: 24 CFR 84.32(c)(2).
    Project/Activity: AIDS Alabama, a competitive Housing 
Opportunities for Persons With AIDS (HOPWA) grantee based in 
Birmingham, AL, requested a waiver of the HUD property disposition 
requirements for one manufactured home that met the HOPWA minimum 
use period requirements at 24 CFR 574.310(c)(1)(i) and that the 
grantee sought to sell. In 2012, AIDS Alabama received a waiver of 
the property disposition regulations stated above for eight 
manufactured homes. Pursuant to the previous waiver, AIDS Alabama 
sold seven of the eight manufactured homes. The waiver would allow 
AIDS Alabama one year to sell the remaining manufactured home and 
reinvest the real property proceeds back in to the Alabama Rural 
AIDS Project (ARAP) by supporting the master leasing program.
    Nature of Requirement: The HUD property disposition requirement 
states: ``The recipient may be directed to sell the property under 
guidelines provided by HUD and pay the Federal Government for that 
percentage of the current fair market value of the property 
attributable to the Federal participation in the project.''
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: May 17, 2013.
    Reason Waived: The physical condition of these manufactured 
homes deteriorated over

[[Page 56914]]

time and the current cost of maintenance is prohibitive for the 
tenants and the organization. Moreover, the tenants realized 
expensive utility costs and the cost of maintenance exceeded funding 
for the homes. The manufactured home met the minimum use period and 
served HOPWA program purposes during the minimum use period. The 
master leasing project will continue to serve program participants 
in the same service area.
    Contact: William Rudy, Acting Director of the Office of HIV/AIDS 
Housing, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7212, 
Washington, DC 20410, telephone (202) 708-1934.
     Regulations: 24 CFR 92.500(d)(1)(C).
    Project/Activity: The City of New Orleans, LA, requested a 
waiver of its March 31, 2013, expenditure deadline to provide 
additional time to facilitate its ongoing recovery from the 
devastation caused by Hurricanes Katrina, Rita and Gustav. The City 
is located within a declared disaster area pursuant to Title IV of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
    Nature of Requirements: The City requested a waiver of 24 CFR 
92.500(d)(1)(C) which requires that a participating jurisdiction 
expend its annual allocation of funds under the HOME Investment 
Partnerships (HOME) program within five years after HUD notifies a 
participating jurisdiction that HUD has executed the jurisdiction's 
HOME agreement.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: May 23, 2013.
    Reasons Waived: The waiver was granted to ensure that needed 
funds would not be deobligated and that the City would have 
sufficient flexibility and time to continue implementing its housing 
recovery strategy.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410-7000, telephone (202) 708-2684.
     Regulations: 24 CFR 92.251(c) and 24 CFR 92.504(d).
    Project/Activity: The following participating jurisdictions were 
granted a limited waiver of HOME property standards and on-site 
inspection requirements for participating in HUD's Physical 
Inspections Alignment Pilot Program. The participating jurisdictions 
are: the State of Ohio, the State of Minnesota, the State of 
Wisconsin, the State of Michigan, the State of Oregon, and the State 
of Washington.
    Nature of Requirements: This waiver involved the requirement 
under 24 CFR 92.251(c) that HOME-assisted rental housing must meet 
HUD's Housing Quality Standards, when no State or local housing 
quality standards or code requirements apply, and the requirement 
under 24 CFR 92.504(d) that the participating jurisdiction must 
perform on-site inspections of HOME-assisted rental housing in 
accordance with the schedule (as stated in section 92.504(d)) in 
order to determine compliance with section 92.251.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: June 18, 2013.
    Reasons Waived: The waiver was granted to reduce duplicative 
inspection for grantees participating in the Physical Inspection 
Alignment Pilot Program. HUD estimates that eliminating duplicative 
inspections may result in over 20,000 fewer property inspections per 
year.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410, telephone (202) 708-2684.
     Regulations: 24 CFR 92.503(b)(3) .
    Project/Activity: The participating jurisdictions, City of 
Brownsville, TX and the City of Boulder, CO, requested waivers of 24 
CFR 92.503(b)(3) to allow certain repaid funds to be deposited in 
the participating jurisdictions' HOME Investment Trust Fund local 
accounts for use in other eligible HOME projects.
    Nature of Requirements: Section 92.503(b)(3) requires funds 
invested in housing that does not meet the affordable housing 
requirements to be repaid to the HOME Investment Trust Fund account 
from which the funds were originally disbursed.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: April--June, 2013.
    Reasons Waived: The waivers were necessary to ensure that the 
required repayments would be immediately available to the 
participating jurisdictions for investment in eligible HOME 
projects, as required by section 219(c) of the Cranston-Gonzalez 
National Affordable Housing Act.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing, Office of 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 576.106(f) and 24 CFR 576.403(c).
    Project/Activity: The City of New York, NY, requested a waiver 
of the Emergency Solutions Grants (ESG) requirement at 24 CFR 
576.106(f) to delay rental assistance payments to property owners 
until program participants can show that they have paid their share 
of the rent on time and met other requirements. The City also 
requested a waiver of section 576.403(c) to allow the City to 
provide homelessness prevention assistance to program participants 
who want to stay in their units, even if those units do not meet the 
habitability standards.
    Nature of Requirement: The regulation at Sec.  576.106(f) states 
that the recipient or subrecipient must make timely payments to each 
owner in accordance with the rental assistance agreement that is 
required to be in place between the recipient or subrecipient and 
the property owner, and that the rental assistance agreement must 
contain the same payment due date and grace period as the program 
participant's lease. The regulation at Sec.  576.403(c) states that 
the recipient or subrecipient cannot use ESG funds to help a program 
participant remain in or move into housing that does not meet the 
ESG minimum habitability standards for permanent housing.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: May 16, 2013.
    Reason Waived: With respect to the timeliness of rental 
assistance payments, the City of New York sufficiently demonstrated 
that it implemented a unique program design, which results in the 
City regularly making rental assistance payments after the due date 
in the lease, but which is intended to encourage program 
participants to develop skills that will help them attain long-term 
housing stability. In the waiver, HUD stipulated that the recipient 
or subrecipient must continue to make timely payments to the 
property owner in accordance with the rental assistance agreement.
    With respect to the habitability standards, HUD recognized that 
the City's housing market has unique characteristics, such as a very 
low vacancy rate in affordable housing, and that, in certain 
instances, the best way to help program participants avoid 
homelessness is to keep them in their housing until better housing 
can be located, or their existing housing can be brought up to code. 
Therefore, HUD granted a limited waiver of Sec.  576.403(c) to allow 
the City to provide homelessness prevention assistance to program 
participants who want to stay in their units, even if the units do 
not meet the habitability standards, provided that the ESG 
assistance is limited to services under Sec.  576.105(b); and the 
City works with the property owners to bring their units into 
compliance with the habitability standards or assists the program 
participants to move if the units are unsafe.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
     Regulation: Neighborhood Stabilization Program 3 (NSP3) 
Notice 75 FR 64333 (II.H.3.F) in accordance with Title XII of 
Division A under the heading Community Planning and Development: 
Community Development Fund of the American Recovery and Reinvestment 
Act of 2009.
    Project/Activity: Detroit, MI requested a waiver of the 10 
percent demolition cap under the Neighborhood Stabilization Program 
(NSP) which restricts grantees from spending more than 10 percent of 
total grant funds on demolition activities.
    Nature of Requirement: Section II.H.3.F of the NSP3 Notice 
provides that a grantee may not use more than ten percent of its 
grant for demolition activities.
    Granted By: Mark Johnston, Deputy Assistant Secretary for 
Special Needs.
    Date Granted: May 23, 2013.
    Reason Waived: The City of Detroit, MI requested a waiver to 
spend $7,672,948.50 or approximately 35 percent of its NSP3 
allocation of $21,922,710 on demolition of blighted structures. The 
city provided statistical data evidencing high vacancy and 
abandonment rates due to significant population and job loss. The 
city explained that there are a high number of properties

[[Page 56915]]

requiring immediate demolition and that it would target NSP3 funds 
to remove safety hazards and the destabilizing influence of the 
blighted properties.
    Contact: Jessie Handforth Kome, Deputy Director, Office of Block 
Grant Assistance, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7286, Washington, DC 20410, telephone (202) 402-5539.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: LULAC Amistad Properties, Sinton, Texas, 
Project Number: 115-11190.
    Nature of Requirement: HUD's regulation at 24 CFR 200.73(c) 
requires that a site contains at least five rental dwelling units. 
FHA Handbook 4425.1, Chapter 3, Part 3-7, further defines this 
regulation by stating that scattered sites and non-contiguous sites 
may be added to equal at least five units if they meet the 
requirements outlined in the Handbook.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 12, 2013.
    Reason Waived: All of the properties can be managed as a group, 
have existing HAP contracts, have demonstrated marketability and are 
capable of being managed as a single real estate entity.
    Contact: Theodore K. Toon, Director, Office of Multifamily 
Housing Development, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-8386.
     Regulation: 24CFR 200.85(b).
    Project/Activity: Crossroads, Pine Bluff, Arkansas Project 
Number: 082-35445.
    Nature of Requirement: HUD's regulation at 24 CFR 200.85(b) 
requires that the mortgage contain ``A covenant against repayments 
of a Commissioner approved inferior lien from mortgage proceeds 
other than surplus cash or residual receipts, except in the case of 
an inferior lien created pursuant to Section 223(d) of the Act, or a 
supplemental loan insured pursuant to Section 241 of the Act.''
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing--Commissioner.
    Date Granted: June 17, 2013.
    Reason Waived: The Arkansas Development Finance Authority 
restrictions require repayment of the HOME loan by monthly principal 
and interest payments. The HOME loan and other subsidies were 
critical to the overall financing. The Little Rock Program Center 
determined that there are sufficient funds after expenses and debt 
service to repay the loan from the project's operating funds and 
agreed to the secondary subordinate financing.
    Contact: Theodore K. Toon, Director, Office of Multifamily 
Housing Development, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-8386.
     Regulation: 24 CFR 200.85(b).
    Project/Activity: Auxora Arms, Little Rock, Arkansas, Project 
Number: 082-35442.
    Nature of Requirement: Section 200.85(b) of HUD's regulations 
requires ``A covenant against repayments of a Commissioner approved 
inferior lien from mortgage proceeds other than surplus cash or 
residual receipts, except in the case of an inferior lien created by 
an operating loss loan insured pursuant to Section 223(d) of the 
Act, or a supplemental loan insured pursuant to Section 241 of the 
Act.''
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 26, 2013.
    Reason Waived: This same requested waiver was granted for the 
subject property on April 8, 2008, for the predecessor Section 
221(d)(4) substantial rehabilitation transaction. The Program Center 
recommended approval to retain the original maturity date of the 
HOME loan which will be paid off prior to the maturity date of the 
new Section 223(a)(7) loan.
    Contact: Theodore K. Toon, Director, Office of Multifamily 
Housing Development, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-8386.
     Regulation: 24 CFR 200.926d(f)(1)(i) and (f)(2)(i).
    Project/Activity: Effective for the boroughs of Juneau, 
Mantanuska-Susitna, Anchorage, Bethel, North Slope (Barrow), 
Fairbanks (North Star and Southeast) and the Kenai Peninsula where 
it is not feasible to procure water from conventional water supply 
systems.
    Nature of Requirement: FHA's Minimum Property Standards (MPS) 
regulations governing new construction for single-family dwellings, 
provide that to be eligible for FHA insurance, each living unit 
within newly constructed single-family residential property should 
be capable of delivering a flow of five gallons per minute (gpm) 
over a four hour period in order to provide a continuing and 
sufficient supply of safe water under adequate pressure and 
appropriate quality for household use. Under these regulatory 
requirements, water holding tanks, cisterns and similar alternative 
water supply systems are not considered under FHA requirements as 
acceptable water supply systems.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 18, 2013.
    Reason Waived: The waiver of the regulations in Sec.  
200.926d(f)(1)(i) and (f)(2)(i) were determined necessary to enable 
FHA mortgage insurance for mortgage lenders extending mortgage 
financing to homebuyers for new construction single-family housing 
in the above referenced boroughs of Alaska, and consistent with the 
Department's mission in promoting affordable homeownership and 
waived the provisions for a period of one year.
    Contact: Robert L. Frazier, Acting Director, Valuation Policy 
Division, Office of Single Family Housing, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 9272, Washington, DC 20410, telephone (202) 402-5752.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Broadwater Village Apartments, FHA Project 
Number 093-44019, Helena, Montana. The owner requested deferral of 
repayment of the Flexible Subsidy Operating Assistance Loan due to 
their inability to repay the loan in full upon maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project . . .'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2013.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan because the project did not have sufficient funds to 
repay the loan. The owner was permitted to defer and re-amortize the 
loan over a 20-year period. A new Rental Use Agreement is to be 
recorded, extending the long-term affordability of the property 
through the term of the 20-year deferment period for the citizens of 
Helena, Montana.
    Contact: Mark B. Van Kirk, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6160, Washington, DC 20410, telephone (202) 
708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Lilac Plaza Apartments, FHA Project Number 
171-44801, Spokane, Washington. The owner requested to defer 
repayment of the Flexible Subsidy Operating Assistance Loan due to 
their inability to pay the loan in full upon maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project . . .'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2013.

[[Page 56916]]

    Reason Waived: Waiver of this regulation was granted since the 
owner demonstrated that deferral of repayment of the Flexible 
Subsidy Operating Assistance Loan would allow the project to achieve 
the long-term preservation of the project as an affordable housing 
resource for the elderly. Approval of this waiver would also allow 
the owner to re-amortize the loan over a 20-year period, the term of 
the new financing, and complete much-needed repairs at the project 
maintaining the project's financial and physical integrity.
    Contact: Mark B. Van Kirk, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6160, Washington, DC 20410, telephone (202) 
708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Whatcoat Village Apartments, FHA Project 
Number 032-44005, Dover, Delaware. The owner requested deferral of 
repayment of the Flexible Subsidy Operating Assistance Loan due to 
their inability to pay the loan in full upon maturity.
    Nature of Requirement: Section 219.220(b) governs the repayment 
of operating assistance provided under the Flexible Subsidy Program 
for Troubled Projects prior to May 1, 1996 states: ``Assistance that 
has been paid to a project owner under this subpart must be repaid 
at the earlier of the expiration of the term of the mortgage, 
termination of mortgage insurance, prepayment of the mortgage, or a 
sale of the project . . .'' Either of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy Loan would be repaid, in whole, at that time.
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 30, 2013.
    Reason Waived: This waiver was granted allowing the owner to 
defer repayment of the Flexible Subsidy Operating Assistance Loan 
upon the refinance of their loan. The refinance of the loan will in 
turn recapitalize the property, allowing for rehabilitation and 
ensuring its preservation as a decent, safe and sanitary affordable 
housing resource for the elderly and disabled citizens of Dover, 
Delaware for an additional 20 years.
    Contact: Mark B. Van Kirk, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6160, Washington, DC 20410, telephone (202) 
708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Allen Hills Apartments, FHA Project Number 
061-35530, Atlanta, Georgia. The owner requested deferral of 
repayment of the Flexible Subsidy Operating Assistance Loan due to 
their inability to pay the loan in full upon maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project . . .'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 30, 2013.
    Reason Waived: Granting the waiver would allow the owner to 
defer repayment of the Flexible Subsidy Operating Assistance Loan, 
refinance the loan and make needed repairs and improvement to the 
property. A new Rental Use Agreement is to be recorded for an 
additional 20 years, preserving the project as affordable housing 
for the citizens of Dover, Delaware.
    Contact: Mark B. Van Kirk, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6160, Washington, DC 20410, telephone (202) 
708-3730.
     Regulation: 24 CFR 232.505(a), 232.520, 232.605 and 
232.620.
    Project/Activity: Supplemental loans to finance purchase and 
installation of fire safety equipment in nursing homes.
    Nature of Requirement: HUD's regulations at 232.505(a), 
232.540(b), 232.605, 232.620 address the requirements and procedures 
for obtaining FHA insurance of loans for fire safety equipment.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 11, 2013.
    Reason Waived: These regulations, promulgated in 1974 and not 
yet updated, do not reflect current processing requirements 
insurance of loans for fire safety equipment, and there is an urgent 
need to install automatic fire sprinkler systems in nursing homes 
due to a new federal mandate.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Department of Housing and Urban Development, 
451 7th Street SW., Room 2337, Washington, DC 20410-8000, 
telephone (202) 402-2419.
     Regulation: 24 CFR 232.7.
    Project/Activity: Graceland at Garden Ridge is an assisted 
living/memory care facility that maintains 38 assisted living beds 
and eight memory care beds in 45 rooms. The project is located in 
Garden Ridge, Texas.
    Nature of Requirement: HUD's 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. 
The regulation also provides that the bathroom cannot be accessed 
from a public corridor or area.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 14, 2013.
    Reason Waived: Graceland has concluded that the construction of 
an additional bathroom would pose a financial burden to the 
facility. Further, the construction of a new bathroom would remove 
common area and much utilized activity space from the residents. 
Graceland has advised that the existing bathing/shower rooms are 
designed to provide enough space for staff to safety assist the 
residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Department of Housing and Urban Development, 
451 7th Street SW., Room 2337, Washington, DC 20410-8000, 
telephone (202) 402-2419.
     Regulation: 24 CFR 232.7.
    Project/Activity: Springfield Skilled Care Center & the Lodges 
are a skilled nursing and board and care facility. The board and 
care facility has 99 beds for residents that will reside in 45 
rooms.
    Nature of Requirement: HUD's 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. 
The regulation also provides that the bathroom cannot be accessed 
from a public corridor or area.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 12, 2013.
    Reason Waived: The residents of Brewer need assistance and 
supervision while bathing. The bathing/shower rooms are specifically 
designed to provide enough space for staff to safety assist the 
residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Department of Housing and Urban Development, 
451 7th Street SW., Room 2337, Washington, DC 20410-8000, 
telephone (202) 402-2419.
     Regulation: 24 CFR 232.7.
    Project/Activity: Springfield Skilled Care Center & the Lodges 
are a skilled nursing and board and care facility. The board and 
care facility has 99 beds for residents that will reside in 45 
rooms.
    Nature of Requirement: The regulation 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: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 12, 2013.
    Reason Waived: The residents of Brewer need assistance and 
supervision while bathing. The bathing/shower rooms are specifically 
designed to provide enough space for staff to safely assist the 
residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Department of Housing and Urban Development, 
451 7th Street SW., Room 2337, Washington, DC 20410-8000, 
telephone (202) 402-2419.

III. Regulatory Waivers Granted By the Office of Public and Indian 
Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: Notice PIH 2013-3: Public Housing and 
Housing Choice Voucher Programs--Temporary Compliance Assistance.
    Project/Activity: PIH Notice 2013-3 was issued to establish 
temporary guidelines for

[[Page 56917]]

public housing agencies (PHAs) in fulfilling certain public housing 
and housing choice voucher requirements during the current and 
upcoming fiscal year to alleviate some of the burden on already 
stressed PHA resources. The reduction of burden provided in this 
notice involved offering PHAs the option to comply with certain 
alternative requirements to existing regulations, and if they opted 
to do so the existing regulation would be waived.
    Nature of Requirement: The alternative requirements to 
regulatory requirements that were offered under the notice were the 
following: The notice allows PHAs to use participants' actual past 
income to verify income, which would be a waiver of the requirement 
to project expected income in 24 CFR 5.609(a)(2). The notice allows 
households to self-certify as to having assets of less than $5,000, 
which would be a waiver of the requirement under 24 CFR 5.609(b)(3), 
982.516(a)(2)(ii), and 960.259(c) for PHAs to verify assets. The 
notice allows a streamlined reexamination of income for elderly 
families and disabled families on fixed incomes, which would be a 
waiver of the requirement in 24 CFR 982.516 and 960.257 for PHAs to 
undertake the complete process for income verification and rent 
determination for families on fixed incomes. The notice allows PHAs 
to establish a payment standard of not more than 120 percent of the 
fair market rent without HUD approval as a reasonable accommodation, 
which would be a waiver of 24 CFR 982.503(c)(2)(B)(ii), which allows 
a PHA to establish a payment standard for the housing choice voucher 
program only but within limits currently permitted but designated 
for approval only by a HUD field office.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: January 22, 2013.
    Reason Waived: The waivers and alternative requirements were 
granted because they would help facilitate the ability of PHAs to 
continue, without interruption and with minimal burden, the delivery 
of rental assistance to eligible families in their communities. 
Increased demand for housing assistance without corresponding 
increased resources strains the operations of PHAs and jeopardizes 
their ability to assist families at a time when families most need 
housing assistance.
    Contact: Todd Thomas, Senior Program Specialist, Public Housing 
Management and Occupancy Division, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 4210, Washington, DC 20410, telephone 202-402-5849.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Vallejo 
(VHA), (CA055), Vallejo, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the housing 
authority's (HA) fiscal year end (FYE), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 27, 2013.
    Reason Waived: The VHA requested a waiver of the audit due date 
as a result of the State of California dissolving redevelopment 
agencies and creating successor agencies. In addition, the Assistant 
Finance Director position at VHA was vacant from October 2012 until 
March 21, 2013; and the Accounting Manager was absent since June 
2012, due to a serious illness. As a result, the Independent Public 
Accountant (IPA) was unable to begin the audit field work until 
March 21, 2013. The VHA is also a component unit of the City, and 
the IPA must complete the Comprehensive Annual Financial Report for 
the City of Vallejo as a whole before the VHA's audit can be 
completed. However, the draft audit was entered into HUD's online 
system on April 2, 2013.
    Contact: Judy Wojciechowski, 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) 475-7907.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Compton 
(HACC), (CA071), Compton, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the housing 
authority's (HA) fiscal year end (FYE), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 27, 2013.
    Reason Waived: The HACC submitted that due to alleged fraud and 
misuse of city funds, which resulted in a forensic audit 
investigation, the audited financial submission was not completed by 
the due date. The HACC requested a waiver of the due date to allow 
time to acquire an auditing firm to complete analysis and revisions 
to the audited report, after the investigation is completed.
    Contact: Judy Wojciechowski, 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) 475-7907.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Napa, 
(CA073), Napa, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the housing 
authority's (HA) fiscal year end (FYE), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 20, 2013.
    Reason Waived: The NHA submitted that due to the State's 
dissolution of all redevelopment agencies, including the agency 
previously responsible for the city's financial statements, the 
audited financial submission was not completed by the due date. The 
NHA requested a waiver of the due date to allow time to complete 
analysis and revisions to the audit.
    Contact: Judy Wojciechowski, 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) 475-7907.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Hawaiian 
Gardens (HGHA), (CA136), Hawaiian Gardens, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the housing 
authority's (HA) fiscal year end (FYE), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 20, 2013.
    Reason Waived: The HGHA requested a waiver of the audit due date 
as a result of the State of California dissolving redevelopment 
agencies and creating successor agencies. In addition, the Finance 
Director and other key financial staff positions have had prolonged 
vacancies. As a result, the accounting process to close-out records 
and submit the audited financial documents to HUD was delayed. The 
HGHA requested a waiver of the due date is necessary to allow time 
to complete analysis and make required revisions.
    Contact: Judy Wojciechowski, 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) 475-7907.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: San Francisco Housing Authority, (CA001), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the housing 
authority's (HA) fiscal year end (FYE), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 27, 2013.
    Reason Waived: The SFHA submitted that due to a HUD Office of 
Inspector General investigative review of certain procurement 
contracts, followed by the termination of the Executive Director, it 
would not be able to meet the June 30, 2013, deadline to submit its 
audited financial documents. SFHA requested a waiver of the due date 
to allow the newly hired auditor time to complete analysis and 
revisions to its financial audited records.
    Contact: Judy Wojciechowski, Program Manager, NASS, Real Estate 
Assessment

[[Page 56918]]

Center, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 550 12th Street SW., Suite 100, Washington, 
DC 20410, telephone (202) 475-7907.
     Regulation: 24 CFR 902.20.
    Project/Activity: St. John the Baptist Parish Housing Authority 
(LA095), Laplace, LA
    Nature of Requirement: The objective of 24 CFR 902.20 is to 
determine whether a housing authority (HA) is meeting the standard 
of decent, safe, sanitary, and in good repair. In accordance with 
this regulation, HUD's Real Estate Assessment Center (REAC) provides 
for an independent physical inspection of a HA's property of 
properties that includes a statistically valid sample of the units.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 20, 2013.
    Reason Waived: The SJBPHA requested a waiver due to severe 
property damage from Hurricane Isaac on August 29, 2012. The SJBPHA 
stated that the procurement process to repair the damaged units 
could not be completed by May 2013. SJBPHA stated that the 
restoration project for other vacant units included in the 
procurement process could be completed by November 2013.
    Contact: Judy Wojciechowski, 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) 475-7907.
     Regulation: 24 CFR 941.606(n)(10)(ii)(B).
    Project/Activity: Chicago Housing Authority (CHA), Stateway 
Gardens HOPE VI Revitalization, Phase 2B, Chicago, IL.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(10)(ii)(B) requires that if a partner and/or owner entity 
(or any other entity with an identity of interest with such parties) 
wants to serve as the general contractor for a project or 
development, it may award itself the construction contract only if 
it can demonstrate to HUD's satisfaction that its bid is the lowest 
responsive bid submitted in response to a public request for bids.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 28, 2013.
    Reason Waived: Office of Public Housing Investments (OPHI) 
reviewed the mixed-finance proposal and confirmed that the 
construction costs for this project are below the independent cost 
review prepared by Clausen Management Services (CMS) and submitted 
by CHA as part of the justifications for the waiver request. OPHI 
also performed a fee analysis that showed all of the construction 
fees were at or below HUD's Cost Control and Safe Harbor Standards 
(revised April 9, 2003). Therefore, it was determined that good 
cause existed to waive 24 CFR 941.606(n)(1)(ii)(B) so that Walsh, 
owned and controlled by Walsh Ventures Management 2B, a member of 
the development team for Phase 2B, may serve as the general 
contractor for Phase 2B.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 4134, Washington, DC 20140, telephone (202) 402-4181.
     Regulation: 24 CFR 982.503(d).
    Project/Activity: Housing Authority of the County of Los Angeles 
(HACoLA), Los Angeles, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(d) 
states a PHA may request, and HUD may approve, establishment of 
payment standards lower than 90 percent of the fair market rent 
(FMR) for each bedroom size if less than 40 percent of participants 
in the voucher program have family shares that exceed 30 percent of 
their adjusted income.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 31, 2013.
    Reason Waived: Sixty-one percent of participant families were 
paying more than 30 percent of the adjusted income. However, the 
Antelope Valley area had gross rents significantly lower than 90 
percent of the FMR for the area. It was determined that data 
analysis supported a payment standard of 80 percent of the area-wide 
FMRs for both Lancaster and Palmdale, CA.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: West Valley City Housing Authority (WVCHA), 
West Valley City, UT.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 4, 2013.
    Reason Waived: The participant, who has members of the household 
with disabilities, required an exception payment standard to remain 
in his unit. To provide this reasonable accommodation so the family 
could remain in its unit and pay no more than 40 percent of its 
adjusted income toward the family share, the WVCHA was allowed to 
approve an exception payment standard that exceeded the basic range 
of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 1, 2013.
    Reason Waived: Ten homeless veterans required an exception 
payment standard to move to a unit in a building that met their 
health needs. To provide this reasonable accommodation so these 
clients could be assisted in this building and pay no more than 40 
percent of their adjusted income toward the family share, the SFHA 
was allowed to approve exception payment standards that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Center for People With Disabilities (CPWD), 
Boulder, CO.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 13, 2013.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her unit. To provide this reasonable accommodation so the client 
could remain in her unit and pay no more than 40 percent of her 
adjusted income toward the family share, the CPWD was allowed to 
approve an exception payment standard that exceeded the basic range 
of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Crawford County Housing Authority, (CCHA) 
Crawford County, WI.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 1, 2013.
    Reason Waived: The applicant, who is a person with disabilities, 
required an

[[Page 56919]]

exception payment standard to move to a unit that met her needs. To 
provide this reasonable accommodation so that the client could move 
to a new unit and pay no more than 40 percent of her adjusted income 
toward the family share, the CCHA was allowed to approve an 
exception payment standard that exceeded the basic range of 90 to 
110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Belmont Housing Authority, (BHA), Belmont, MA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 7, 2013.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to move to 
another unit in the same building that met his needs. To provide 
this reasonable accommodation so that the client could move to a new 
unit and pay no more than 40 percent of his adjusted income toward 
the family share, the BHA was allowed to approve an exception 
payment standard that exceeded the basic range of 90 to 110 percent 
of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.55(b).
    Project/Activity: Housing Authority of Baltimore City (HABC), 
Baltimore, MD.
    Nature of Requirement: HUD's regulation at 24 CFR 983.55 states 
that the PHA may not enter into an Agreement to Enter into a Housing 
Assistance Payment contract (AHAP) or housing assistance payments 
(HAP) contract for the project-based voucher (PBV) program until HUD 
or an independent entity approved by HUD has conducted any required 
subsidy layering review (SLR) and determined that the PBV assistance 
is in accordance with HUD's SLR requirements.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 28, 2013.
    Reason Waived: This regulation was waived since construction on 
off-site work for the project had to be completed by a date certain 
that corresponded with the beginning of the following school year. 
No construction was permitted on the apartment units until a SLR was 
completed.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.253(b) and 983.259(a)(1) and (2) 
and (c).
    Project/Activity: Massachusetts Department of Housing and 
Community Development (MDHCD), Boston, MA.
    Nature of Requirement: HUD's regulations at: 24 CFR 983.253(b) 
states that the project-based voucher (PBV) contract unit leased to 
each family must be appropriate for the size of the family under the 
public housing agency's subsidy standards; and at 24 CFR 
983.259(a)(1) and (2) and (c) state that if the PHA determines that 
the family is occupying a wrong-sized unit, the PHA must promptly 
notify the family the owner of this determination. After an offer of 
comparable rental assistance, the PHA must terminate the housing 
assistance payments for the wrong-sized unit.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 21, 2013.
    Reason Waived: This project is participating in the Rental 
Assistance Demonstration program. This waiver was granted to MDHCD 
since there were no other one-bedroom units in the project and 
requiring the families to move would present a significant hardship. 
The owner was required to accept the one-bedroom rent for the over-
housed families.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.253(b) and 983.259(a)(1) and (2) 
and (c).
    Project/Activity: Brockton Housing Authority (BHA), Brockton, 
MA.
    Nature of Requirement: HUD's regulations at: 24 CFR 983.253(b) 
states that the project-based voucher (PBV) contract unit leased to 
each family must be appropriate for the size of the family under the 
public housing agency's subsidy standards; and at 24 CFR 
983.259(a)(1) and (2) and (c) state that if the PHA determines that 
the family is occupying a wrong-sized unit, the PHA must promptly 
notify the family the owner of this determination. After an offer of 
comparable rental assistance, the PHA must terminate the housing 
assistance payments for the wrong-sized unit.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 28, 2013.
    Reason Waived: This project is participating in the Rental 
Assistance Demonstration program. This waiver was granted since 
there were no other one-bedroom units in the project and requiring 
the families to move would present a significant hardship. The owner 
was required to accept the one-bedroom rent for the over-housed 
families.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 985.101(a).
    Project/Activity: Owatonna Housing and Redevelopment Authority 
(OHRA), Owatonna, MN.
    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) 
states a PHA must submit the HUD-required Section Eight Management 
Assessment Program (SEMAP) certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 23, 2013.
    Reason Waived: This waiver was granted since OHRA changed its 
fiscal year and there was miscommunication in regard to SEMAP 
requirements. OHRA was permitted to submit its SEMAP certification 
after the due date.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 1, 2013.
    Reason Waived: Ten homeless veterans required an exception 
payment standard to move to a unit in a building that met their 
health needs. To provide this reasonable accommodation so these 
clients could be assisted in this building and pay no more than 40 
percent of their adjusted income toward the family share, the SFHA 
was allowed to approve exception payment standards that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Center for People with Disabilities (CPWD), 
Boulder, CO.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.

[[Page 56920]]

    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing
    Date Granted: May 13, 2013.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her unit. To provide this reasonable accommodation so the client 
could remain in her unit and pay no more than 40 percent of her 
adjusted income toward the family share, the CPWD was allowed to 
approve an exception payment standard that exceeded the basic range 
of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Crawford County Housing Authority, (CCHA) 
Crawford County, WI.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 1, 2013.
    Reason Waived: The applicant, who is a person with disabilities, 
required an exception payment standard to move to a unit that met 
her needs. To provide this reasonable accommodation so that the 
client could move to a new unit and pay no more than 40 percent of 
her adjusted income toward the family share, the CCHA was allowed to 
approve an exception payment standard that exceeded the basic range 
of 90 to 110 percent of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Belmont Housing Authority, (BHA), Belmont, MA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 7, 2013.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to move to 
another unit in the same building that met his needs. To provide 
this reasonable accommodation so that the client could move to a new 
unit and pay no more than 40 percent of his adjusted income toward 
the family share, the BHA was allowed to approve an exception 
payment standard that exceeded the basic range of 90 to 110 percent 
of the FMR.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.55(b).
    Project/Activity: Housing Authority of Baltimore City (HABC), 
Baltimore, MD.
    Nature of Requirement: HUD's regulation at 24 CFR 983.55 states 
that the PHA may not enter into an Agreement to Enter into a Housing 
Assistance Payment contract (AHAP) or housing assistance payments 
(HAP) contract for the project-based voucher (PBV) program until HUD 
or an independent entity approved by HUD has conducted any required 
subsidy layering review (SLR) and determined that the PBV assistance 
is in accordance with HUD's SLR requirements.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 28, 2013.
    Reason Waived: This regulation was waived since construction on 
off-site work for the project had to be completed by a date certain 
that corresponded with the beginning of the following school year. 
No construction was permitted on the apartment units until a SLR was 
completed.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.253(b) and 983.259(a)(1) and (2) 
and (c).
    Project/Activity: Massachusetts Department of Housing and 
Community Development (MDHCD), Boston, MA.
    Nature of Requirement: HUD's regulations at: 24 CFR 983.253(b) 
states that the project-based voucher (PBV) contract unit leased to 
each family must be appropriate for the size of the family under the 
public housing agency's subsidy standards; and at 24 CFR 
983.259(a)(1) and (2) and (c) state that if the PHA determines that 
the family is occupying a wrong-sized unit, the PHA must promptly 
notify the family the owner of this determination. After an offer of 
comparable rental assistance, the PHA must terminate the housing 
assistance payments for the wrong-sized unit.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 21, 2013.
    Reason Waived: This project is participating in the Rental 
Assistance Demonstration program. This waiver was granted to MDHCD 
since there were no other one-bedroom units in the project and 
requiring the families to move would present a significant hardship. 
The owner was required to accept the one-bedroom rent for the over-
housed families.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.253(b) and 983.259(a)(1) and (2) 
and (c).
    Project/Activity: Brockton Housing Authority (BHA), Brockton, 
MA.
    Nature of Requirement: HUD's regulations at: 24 CFR 983.253(b) 
states that the project-based voucher (PBV) contract unit leased to 
each family must be appropriate for the size of the family under the 
public housing agency's subsidy standards; and at 24 CFR 
983.259(a)(1) and (2) and (c) state that if the PHA determines that 
the family is occupying a wrong-sized unit, the PHA must promptly 
notify the family the owner of this determination. After an offer of 
comparable rental assistance, the PHA must terminate the housing 
assistance payments for the wrong-sized unit.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 28, 2013.
    Reason Waived: This project is participating in the Rental 
Assistance Demonstration program. This waiver was granted since 
there were no other one-bedroom units in the project and requiring 
the families to move would present a significant hardship. The owner 
was required to accept the one-bedroom rent for the over-housed 
families.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 985.101(a).
    Project/Activity: Owatonna Housing and Redevelopment Authority 
(OHRA), Owatonna, MN.
    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) 
states a PHA must submit the HUD-required Section Eight Management 
Assessment Program (SEMAP) certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 23, 2013.
    Reason Waived: This waiver was granted since OHRA changed its 
fiscal year and there was miscommunication in regard to SEMAP 
requirements. OHRA was permitted to submit its SEMAP certification 
after the due date.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

[FR Doc. 2013-22459 Filed 9-13-13; 8:45 am]
BILLING CODE 4210-67-P