Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2015, 35660-35667 [2015-15324]
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35660
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
(3) The working group will discuss
and finalize proposed recommendations
for the full committee to consider with
regards to Task Statement 89,
concerning review and update of the
International Maritime Organization
Maritime Safety Committee’s Circular
MSC/Circ.1014—Guidelines on fatigue
mitigation and management; and
(4) Adjournment of meeting.
Dated: June 16, 2015.
J.G. Lantz,
Director of Commercial Regulations and
Standards.
Notice.
The Coast Guard announces
that it will impose conditions of entry
on vessels arriving from the Gambia.
Conditions of entry are intended to
protect the United States from vessels
arriving from countries that have been
found to have deficient port antiterrorism measures in place.
DATES: The policy announced in this
notice will become effective July 6,
2015.
SUMMARY:
For
information about this document call or
email Michael Brown, International Port
Security Evaluation Division, United
States Coast Guard, telephone 202–372–
1081. For information about viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826, toll free 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–15216 Filed 6–19–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2015–0193]
Imposition of Conditions of Entry for
Certain Vessels Arriving to the United
States From the Republic of the
Gambia
AGENCY:
ACTION:
Coast Guard, DHS.
Discussion
The authority for this notice is 5
U.S.C. 552(a), 46 U.S.C. 70110, and
Department of Homeland Security
Delegation No. 0170.1(II)(97.f). As
delegated, section 70110 authorizes the
Coast Guard to impose conditions of
entry on vessels arriving in U.S. waters
from ports that the Coast Guard has not
found to maintain effective antiterrorism measures.
On September 25, 2013 the Coast
Guard did not find that ports in the
Republic of the Gambia maintained
effective anti-terrorism measures and
that the Republic of the Gambia’s legal
regime, designated authority oversight,
access control and cargo control are all
deficient.
On July 16, 2014, the Republic of the
Gambia was notified of this
determination and given
recommendations for improving
antiterrorism measures and 90 days to
respond. To date, we cannot confirm
that the Republic of the Gambia has
corrected the identified deficiencies.
Accordingly, beginning July 6, 2015,
the conditions of entry shown in Table
1 will apply to any vessel that visited a
port in the Republic of the Gambia in its
last five port calls.
TABLE 1—CONDITIONS OF ENTRY FOR VESSELS VISITING PORTS IN THE REPUBLIC OF THE GAMBIA
No.
Each vessel must:
1 ...................
Implement measures per the vessel’s security plan equivalent to Security Level 2 while in a port in the Republic of the Gambia.
As defined in the ISPS Code and incorporated herein, ‘‘Security Level 2’’ refers to the ‘‘level for which appropriate additional
protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident.’’
Ensure that each access point to the vessel is guarded and that the guards have total visibility of the exterior (both landside and
waterside) of the vessel while the vessel is in ports in the Republic of the Gambia.
Guards may be provided by the vessel’s crew; however, additional crewmembers should be placed on the vessel if necessary to
ensure that limits on maximum hours of work are not exceeded and/or minimum hours of rest are met, or provided by outside
security forces approved by the vessel’s master and Company Security Officer. As defined in the ISPS Code and incorporated
herein, ‘‘Company Security Officer’’ refers to the ‘‘person designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained
and for liaison with port facility security officers and the ship security officer.’’
Attempt to execute a Declaration of Security while in a port in the Republic of the Gambia.
Log all security actions in the vessel’s security records.
Report actions taken to the cognizant Coast Guard Captain of the Port (COTP) prior to arrival into U.S. waters.
In addition, based on the findings of the Coast Guard boarding or examination, the vessel may be required to ensure that each
access point to the vessel is guarded by armed, private security guards and that they have total visibility of the exterior (both
landside and waterside) of the vessel while in U.S. ports. The number and position of the guards has to be acceptable to the
cognizant COTP prior to the vessel’s arrival.
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The following countries currently do
not maintain effective anti-terrorism
measures and are therefore subject to
conditions of entry: Cambodia,
Cameroon, Comoros, Cote d’Ivoire,
Cuba, Equatorial Guinea, the Republic
of the Gambia, Guinea-Bissau, Iran,
Liberia, Libya, Madagascar, Nigeria, Sao
Tome and Principe, Syria, Timor-Leste,
Venezuela, and Yemen. This list is also
available in a policy notice available at
https://homeport.uscg.mil under the
Maritime Security tab; International Port
Security Program (ISPS Code); Port
Security Advisory link.
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Dated: May 26, 2015.
Charles D. Michel,
Vice Admiral, USCG, Deputy Commandant
for Operations.
[FR Doc. 2015–15325 Filed 6–19–15; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5871–N–01]
Notice of Regulatory Waiver Requests
Granted for the First Quarter of
Calendar Year 2015
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
Section 106 of the Department
of Housing and Urban Development
Reform Act of 1989 (the HUD Reform
SUMMARY:
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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 January
1, 2015, and ending on March 31, 2015.
FOR FURTHER INFORMATION CONTACT: For
general information about this notice,
contact Camille E. Acevedo, Associate
General Counsel for Legislation and
Regulations, Department of Housing and
Urban Development, 451 Seventh Street
SW., Room 10282, Washington, DC
20410–0500, telephone 202–708–1793
(this is not a toll-free number). Persons
with hearing- or speech-impairments
may access this number through TTY by
calling the toll-free Federal 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 first quarter of
calendar year 2015.
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
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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
first 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
January 1, 2015 through March 31, 2015.
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 § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 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 first quarter of calendar year 2015)
before the next report is published (the
second quarter of calendar year 2015),
HUD will include any additional
waivers granted for the first quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
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HUD regulations is provided in the
Appendix that follows this notice.
Dated: June 16, 2015.
Tonya T. Robinson,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development January 1, 2015 Through
March 31, 2015
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 City of Eek, AK,
requested a waiver of 24 CFR 58.22(a) with
regard to the submission of an application for
CDBG funds to the State of Alaska
Department of Commerce, Community and
Economic Development for the construction
of a solid waste facility and the closing of the
existing uncontrolled dumpsite. The new
landfill would allow the city to close its
existing, uncontrolled open dumpsite. The
existing dumpsite is collocated with a honeybucket dumpsite, allowing waste to mix with
water. A new landfill is needed to eliminate
the safety hazard of an unfenced dumpsite
and to eliminate fecal contaminated water in
the community.
Nature of Requirement: The second
sentence of HUD’s regulation at § 58.22(a),
entitled ‘‘Limitation on activities pending
clearance’’, provides that until the Request
for Release of Funds (RROF) and the related
certification have been approved, neither a
recipient nor any participant in the
development process may commit non-HUD
funds on or undertake an activity or project
under a program listed in § 58.1(b) if the
activity or project would have an adverse
environmental impact or limit the choice of
reasonable alternatives. A waiver is required
because the city accepted and recorded a
quitclaim deed transfer of surface and
subsurface rights for the new landfill prior to
receiving an approved RROF.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: January 23, 2015.
Reason Waived: The above project will
further the HUD mission and will advance
HUD program goals to develop viable, quality
communities—specifically, by constructing a
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much needed landfill and closing the
existing, uncontrolled open dumpsite; the
City of Eek did not willfully violate the
applicable regulations; no HUD funds were
committed; and the waiver would not result
in any unmitigated, adverse environmental
impact.
Contact: Nelson A. Rivera, Office of
Environment and Energy, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7134, Washington, DC 20410, telephone
number (202) 402–4455.
• Regulation: 24 CFR 84.22(g), 85.21, and
Appendix I, section N.2 of the Neighborhood
Stabilization Program 2 (NSP2) Notice of
funding Availability (NOFA).
Project/Activity: HUD regulations at 24
CFR 84.22(g), 24 CFR 85.21, and Office of
Management and Budget (OMB) policy
require NSP2 funds to be expended by
September 30, 2015 or returned to the U.S.
Treasury. However, 42 of the 56 NSP2
grantees have a substantial amount of
program income that prevents them from
meeting this requirement. For a listing of the
affected NSP2 grantees see: https://
www.hudexchange.info/resources/
documents/NSP2-Program-IncomeWaiver.pdf.
Nature of Requirement: The regulations at
24 CFR 84.22(g) and 24 CFR 85.21 state that
recipients shall disburse funds available from
repayments to and interest earned on a
revolving fund, program income, rebates,
refunds, contract settlements, audit
recoveries and interest earned on such funds
before requesting additional cash payments.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: January 28, 2015.
Reason Waived: Compliance with these
program requirements has hindered NSP2
grantees’ ability to rapidly expend their line
of credit funds as many have successfully
generated substantial amounts of program
income. Unlike the line of credit funds,
program income is not subject to the
September 30, 2015, deadline imposed by
OMB. Loss of the grant funds would reduce
the ability of these grantees to invest in
declining neighborhoods. The line of credit
funds are used for such purposes as:
investment in distressed or foreclosed
properties, rehabilitation and reconstruction
of deteriorated homes, down payment
assistance for purchasers of redeveloped
properties, rental assistance for multifamily
properties, demolitions of homes in areas
with serious abandonment and vacancies,
and land banking to manage properties in
areas with little current demand for real
estate. All of these activities would be
curtailed if grantees cannot expend their line
of credit funds. As of January 12, 2015,
$71,843,226 was subject to loss and
approximately 1,033 homes would go
untreated if this amount of funding was lost.
Contact: Stanley Gimont, Director, Office of
Block Grant Assistance, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 7286, Washington,
DC 20410, telephone (202) 708–3587.
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• Regulation: 24 CFR 92.500(d)(1)(C) .
Project/Activity: Spartanburg County, SC,
requested a waiver of 24 CFR 92.500(d)(1)(C)
to enable it complete the Ridge at Southport
project, a housing project for low-income
seniors, for which expenditures under the
HOME Investment Partnerships Program
(HOME) had been suspended pending
resolution of HUD monitoring findings.
Nature of Requirement: The regulation at
24 CFR 92.500(d)(1)(C) requires that a
participating jurisdiction expend its annual
allocation of HOME funds within five years
after HUD notifies the participating
jurisdiction that HUD has executed the
jurisdiction’s HOME Investment Partnership
Agreement. The regulation at 24 CFR
92.500(d)(1)(C) requires HUD to reduce or
recapture any HOME funds in a participating
jurisdiction’s HOME Investment Trust Fund
that are not expended within five years of
HUD’s notification to the participating
jurisdiction that it has executed its HOME
grant agreement. The County failed to
disburse $92,686 of HOME grant funds by its
July 31, 2014 deadline.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: March 31, 2015.
Reason Waived: HUD instructed the
County to cease HOME disbursements
pending the resolution of HUD monitoring
findings and the County could not disburse
funds to the project for a two year period.
The waiver was granted because deobligation
of $92,686 of HOME funds would create an
undue financial hardship for the County and
jeopardize the completion of the Ridge at
Southport project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2486.
• Regulation: 24 CFR 570.208(a)(l)(ii) and
CPD Notice 14–11.
Project/Activity: The City of Portage, MI,
requested a waiver of 24 CFR 570.208(a)(1)(ii)
to allow the city to remove a block group
from its upper quartile calculation when it
determines whether service areas for
Community Development Block Grant
(CDBG) assisted activities meet the national
objective of providing benefit to low- and
moderate-income persons on an area basis.
The city maintained the block group is not
representative of the actual population
within the city.
Nature of Requirement: HUD’s regulations
at 24 CFR 570.208(a)(1)(ii) allow
metropolitan cities and urban counties to
qualify an activity under § 570.208(a), area
benefit, when the area served contains less
than 51% low and moderate income
residents and when the proportion of low to
moderate income persons in the area is
within the highest quartile of all areas in the
recipient’s jurisdiction in terms of the degree
of concentration of such persons. CPD Notice
14–11, which implements that regulation for
current year grants, provides guidance on the
use of updated Low/Moderate Income
Summary Data (LMISD) by Entitlement
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CDBG grantees. The updated LMISD are
based upon a new process incorporating the
2006–2010 American Community Survey.
The Notice requires grantees to use the
updated LMISD, effective July 1, 2014, to
determine whether service areas for CDBGassisted activities meet the national objective
of providing benefit to low- and moderateincome persons on an area basis.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: January 8, 2015.
Reason Waived: The city has documented
that the majority of census tract 18.02, as
well as all of its population and households,
is physically located within the city of
Kalamazoo, which is not a part of the city of
Portage’s entitlement area. Block group 2 of
census tract 18.02 is the only block group of
this tract currently belonging to the city of
Portage. This block group is surrounded by
the city of Kalamazoo. The block group
consists of 2.31 acres of land and has no
residents, has no household income and is on
the grounds of the Kalamazoo-Battle Creek
International airport where no residents or
housing units will be permitted. The waiver
allowed the city to remove the block group
from its upper quartile calculation because it
is not representative of the actual population
within the city and has limited its ability to
use CDBG funds for the benefit of low/
moderate income persons.
Contact: Steve Johnson, Director of
Entitlement Communities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7282, Washington, DC 20410, telephone (202)
402–4548.
• Regulation: 24 CFR 570.208(a)(l)(vi) and
CPD Notice 14–11.
Project/Activity: Snohomish County, WA,
requested a waiver of 24 CFR 570.208(a)(l)(vi)
to allow the use of prior Low and Moderate
Income Summary Data for an infrastructure
activity (sidewalk and storm water drainage
improvements) in the City of Monroe in order
to demonstrate compliance with the low- and
moderate-income benefit national objective
requirements.
Nature of Requirement: HUD’s regulation
at 24 CFR 570.208(a)(l)(vi) requires that the
most recently available decennial census
information must be used to the fullest extent
feasible, together with the section 8 income
limits that would have applied at the time
the income information was collected by the
Census Bureau, to determine whether there is
a sufficiently large percentage of low- and
moderate-income persons residing in the area
served by a CDBG funded activity. The HUDproduced Low and Moderate Income
Summary Data provide this data to grantees.
On June 10, 2014, HUD issued new Low and
Moderate Income Summary Data (LMISD),
with an effective date of July 1, 2014 for use
by grantees.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: January 8, 2015.
Reason Waived: The request pertained to
an infrastructure activity in the City of
Monroe, which had been in the planning
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stage for many months, and was included in
the county’s Fiscal Year (FY) 2014 Annual
Action Plan. The county had dedicated
significant time and effort to designing this
activity and ensuring that this activity met all
applicable programmatic requirements.
However, funds could not be obligated by the
county to this activity prior to July 1, 2014,
because the grant agreement was not
executed until July 10, 2014, nine days after
the effective date of the new LMISD. It was
determined that, unless the waiver was
granted for the county, this activity that
directly benefits the safety of residents would
not be completed due to the lack additional
funds needed to conduct a special survey to
qualify the service area. It was further
determined that the waiver would allow the
county to use the prior Low and Moderate
Income Summary Data to demonstrate
compliance with the low- and moderateincome benefit national objective
requirements.
Contact: Steve Johnson, Director of
Entitlement Communities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7282, Washington, DC 20410, telephone (202)
402–4548.
• Regulation: Neighborhood Stabilization
Program 3 (NSP 3) Notice published on
October 19, 2010, at 75 FR 64322 (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: Butler County, OH,
requested a waiver of the 10 percent
demolition cap under the Neighborhood
Stabilization Program, which restricts
grantees from spending more than 10 percent
of total grant funds on demolition activities.
Butler County requested a waiver to increase
an earlier approved waiver from 22.6 percent
($300,000) to 24.8 percent ($330,000) to
address the increasing costs associated with
removing vacant units what will never be
occupied again due to their unsafe and
neglected condition and preserving housing
units that enhance the stabilization of
communities impacted from foreclosures and
abandonment.
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: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: January 9, 2015.
Reason Waived: Butler County provided
statistical data showing high vacancy and
abandonment rates that resulted from
significant population and job loss. The
county also demonstrated that its NSP3 target
areas of Hamilton and New Miami, Ohio,
have not benefitted from the recovery that
other areas have seen. Within the target areas,
roughly 80 percent of the housing stock is
pre-1979, and subsequently as older homes,
lack energy efficient elements and are not
affordable for low and moderate income
families.
Contact: Jessie Handforth Kome, Deputy
Director, Office of Block Grant Assistance,
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Office of Community Planning and
Development, Department of Housing and
Urban Development, 451 Seventh 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 219.220(b) (1995).
Project/Activity: Cottage Brook
Apartments, FHA Project Number 023–
069NIT, Boston, MA. The Owners requested
a waiver of 24 CFR 219.220(b) (1995) to
exempt Cottage Brook Apartments,
Incorporated (owner) from the requirement to
repay the Flexible Subsidy Operating
Assistance Loan (Flexible Subsidy Loan)
totaling $4,428,814.26, including accrued
interest.
Nature of Requirement: HUD’s regulation
at 24 CFR 219.220(b) (1995), which governs
the repayment of operating assistance
provided under the Flexible Subsidy Program
for Troubled Properties, states ‘‘Assistance
that has been paid to a project owner under
this subpart must be repaid at the earlier of
the expiration of the term of the mortgage,
termination of mortgage insurance,
prepayment of the mortgage, or a sale of the
project.
Granted by: Biniam Gebre, Acting Assistant
Secretary for Housing Federal Housing
Commissioner, H.
Date Granted: January 26, 2015.
Reason Waived: The regulation was waived
to permit the deferment of the repayment of
the Flexible Subsidy Loan, plus accrued
interest.
Contact: James Wyatt, Account Executive,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 6172, Washington, DC 20410,
telephone (202) 402–2636.
• Regulation: 24 CFR 219.220(b) (1995).
Project/Activity: Spring Gate Apartments,
Newark New Jersey, FHA number 023057NI
owned by Rockland Place Apartments, LP
Rockland, MA. The Owner has requested a
one year deferral of the Flexible Subsidy
Loan in order to position the project for
recapitalization and preservation as
affordable housing.
Nature of Requirement: HUD’s regulation
at 24 CFR 219.220(b) (1995), which governs
the repayment of operating assistance
provided under the Flexible Subsidy Program
for Troubled Properties, states ‘‘Assistance
that has been paid to a project owner under
this subpart must be repaid at the earlier of
the expiration of the term of the mortgage,
termination of mortgage insurance,
prepayment of the mortgage, or a sale of the
project.
Granted by: Biniam Gebre, Acting Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: February, 2015.
Reason Waived: The Owner requested and
was granted waiver of the requirement to
defer repayment of the Flexible Subsidy
Operating Assistance Loan to allow the much
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needed preservation and moderate
rehabilitation of the project. The project will
be preserved as an affordable housing
resource.
Contact: Minnie Monroe-Baldwin, Director
of Preservation, Office of Affordable Housing
Preservation, Department of Housing and
Urban Development, 451 7th Street SW.,
Washington, DC 20410–8000, telephone:
(202) 402–2636.
• Regulation: 24 CFR 266.200(b).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Substantial
Rehabilitation Defined. Eleven qualified
Housing Finance Agencies (HFAs)
participating.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.200(b) Substantial
Rehabilitation Defined. The following
changes apply to both Level I and II Housing
Finance Agencies Definition of Substantial
Rehabilitation (S/R) revised as: Work that
exceeds either: (a) $15,000 times the high
cost factor ‘‘as adjusted by HUD for
inflation’’, or (b) replacement of two or more
building systems. ‘‘Replacement’’ is when
cost of replacement work exceeds 50% of the
cost of replacing the entire system. This is
consistent with proposed changes in the
Multifamily Accelerated Processing (MAP)
Guide.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary
to effectuate the Federal Financing Bank
(FFB) Risk Sharing Initiative between
Housing and Urban Development and the
Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified
HFAs participants. Concurrent with the
rollout of the FFB Initiative, HUD’s Office of
Multifamily Housing is beginning the process
of making regulatory changes to these same
provisions. Under this Initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 266.200(c).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Equity TakeOuts. Eleven qualified Housing Finance
Agencies (HFAs) participating.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.200(c) addresses equity takeouts for existing projects (refinance
transactions), and permits 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 HFAfinanced projects and those outside of HFA’s
portfolio if the result is preservation with the
following conditions: (1) Occupancy is no
less than 93% for previous 12 months; (2) no
defaults in the last 12 months of the HFA
loan to be refinanced; (3) a 20 year affordable
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housing deed restriction placed on title that
conforms to the statutory definition in
section 542(c) of the Housing and
Community Development Act of 1992; (4) a
Property Capital Needs Assessment (PCNA)
must be performed and funds escrowed for
all necessary repairs, and reserves funded for
future capital needs; and (5) for projects
subsidized by Section 8 Housing Assistance
Payment (HAP) contracts, owner agrees to
renew HAP contract(s) for 20 year term,
(subject to appropriations and statutory
authorization), and existing and postrefinance HAP residual receipts are set aside
to be used to reduce future HAP payments.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: Waiver of the regulation
was necessary to effectuate the Federal
Financing Bank (FFB) Risk Sharing Initiative
between Housing and Urban Development
and the Treasury Department/FFB
announced in Fiscal Year 2014. There are 11
qualified HFAs participants. Concurrent with
the rollout of the FFB Initiative, HUD’s Office
of Multifamily Housing is beginning the
process of making regulatory changes to these
same provisions. Under this Initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Underwriting
of Projects with Section 8 HAP Contracts.
Eleven qualified Housing Finance Agencies
(HFAs) participating.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.200(d) addresses projects with
Section 8 rental subsidies or other rental
subsidies, and provides that refinancing of
Section 202 projects the HFA is permitted to
underwrite the mortgage using current or to
be adjusted project-based Section 8 assisted
rents, even though the rents exceed the
market rates. This is consistent with HUD
Housing Notice 2013–17—Updated
Requirements for Prepayment and Refinance
of Section 202 Direct Loans.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary
to effectuate the Federal Financing Bank
(FFB) Risk Sharing Initiative between
Housing and Urban Development and the
Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified
HFAs participants. Concurrent with the
rollout of the FFB Initiative, HUD’s Office of
Multifamily Housing is beginning the process
of making regulatory changes to these same
provisions. Under this Initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
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17:45 Jun 19, 2015
Jkt 235001
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Termination of
Mortgage Insurance. Eleven qualified
Housing Finance Agencies (HFAs)
participating.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.620(e), addresses termination
of mortgage insurance provision (required for
FFB Initiative), and in accordance with this
regulation only Level I HFAs rated ‘‘A’’ or
higher are permitted to substitute an
indemnification agreement or similar
document binding the FIFA to reimburse
FHA for 100% of claim losses in the event
the HFA commits fraud or mismanagement.
Only Level I HFAs are eligible for FFB
financing, thereby ensuring the HFA
maintains financial capacity to perform
under the indemnification agreement. If the
HFA loses its ‘‘A’’ rating, HFA must post the
required reserve account as outlined in 24
CFR part 266.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary
to effectuate the Federal Financing Bank
(FFB) Risk Sharing Initiative between
Housing and Urban Development and the
Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified
HFAs participants. Concurrent with the
rollout of the FFB Initiative, HUD’s Office of
Multifamily Housing is beginning the process
of making regulatory changes to these same
provisions. Under this Initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 266.200(c).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Equity TakeOuts. Eleven qualified Housing Finance
Agencies (HFAs) participates.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.200(c) addresses equity takeouts for existing projects (refinance
transactions), and permits 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 HFAfinanced projects and those outside of HFA’s
portfolio if the result is preservation with the
following conditions: (1) Occupancy is no
less than 93% for previous 12 months; (2) no
defaults in the last 12 months of the HFA
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loan to be refinanced; (3) a 20 year affordable
housing deed restriction placed on title that
conforms to the statutory definition in
section 542(c) of the Housing and
Community Development Act of 1992; (4) a
Property Capital Needs Assessment (PCNA)
must be performed and funds escrowed for
all necessary repairs, and reserves funded for
future capital needs; and (5) for projects
subsidized by Section 8 Housing Assistance
Payment (HAP) contracts, owner agrees to
renew HAP contract(s) for 20 year term,
(subject to appropriations and statutory
authorization), and existing and postrefinance HAP residual receipts are set aside
to be used to reduce future HAP payments.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary
to effectuate the Federal Financing Bank
(FFB) Risk Sharing Initiative between
Housing and Urban Development and the
Treasury Department/FFB announced in
Fiscal Year 2014. There are eleven qualified
HFAs participates. Concurrent with the
rollout of the FFB Initiative, Multifamily is
beginning the process of making regulatory
changes to these same provisions. Under this
Initiative, FFB provides capital to
participating Housing Finance Agencies
(HFAs) to make multifamily loans insured
under the FHA Multifamily Risk Sharing
Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Underwriting
of Projects with Section 8 HAP Contracts.
Eleven qualified Housing Finance Agencies
(HFAs) participates.
Nature of Requirement: HUD’s regulation
at 24 CFR 266.200(d) addresses projects with
Section 8 rental subsidies or other rental
subsidies, and provides that refinancing of
Section 202 projects the HFA is permitted to
underwrite the mortgage using current or to
be adjusted project-based Section 8 assisted
rents, even though the rents exceed the
market rates. This is consistent with HUD
Housing Notice 2013–17—Updated
Requirements for Prepayment and Refinance
of Section 202 Direct Loans.
Granted By: Biniam Gebre, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary
to effectuate the Federal Financing Bank
(FFB) Risk Sharing Initiative between
Housing and Urban Development and the
Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified
HFAs participants. Concurrent with the
rollout of the FFB Initiative, HUD’s Office of
Multifamily Housing is beginning the process
of making regulatory changes to these same
provisions. Under this Initiative, FFB
provides capital to participating Housing
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Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA
Multifamily Production, Office of
Multifamily Housing Programs, Office of
Production, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6134, Washington,
DC 20410, telephone (202) 402–8386.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Stroud Manor, Sulphur,
LA, Project Number: 046–HD143/LA48–
Q101–003.
Nature of Requirement: Section 891.100(d)
prohibits amendment of the amount of the
approved capital advance funds prior to
closing.
Granted by: Biniam Gebre, Acting Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: February 20, 2015.
Reason Waived: The project is
economically designed and comparable in
cost to similar projects in the area, and the
sponsor/owner exhausted all efforts to obtain
additional funding from other sources.
Contact: Alicia Anderson, Branch Chief,
Grants and New Funding, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
• Regulation: 24 CFR 891.130(b).
Project/Activity: Pollywog Creek Senior
Housing, Lebelle, FL, Project Number: 066–
EE120/FL29–S101–006.
Nature of Requirement: Section 891.130(b)
prohibits an identify of interest between the
sponsor or owner (or borrower, as applicable)
and any development team member or
between development team members until
two years after final closing.
Granted by: Biniam Gebre, Acting Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: February 11, 2015.
Reason Waived: The entities are all
affiliated, non-profit, and have noncompensated officers. They meet HUD
requirements.
Contact: Alicia Anderson, Branch Chief,
Grants and New Funding, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
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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.
• Regulations: 24 CFR 5.216(b), 5.508(h)
and 5.609.
Project/Activity: San Antonio, Texas.
Nature of Requirement: These regulations
require applicants for and participation in
covered HUD programs to disclose and
submit documentation to verify their Social
Security Numbers and immigration status,
and for the public housing authority to obtain
income information about the applicant or
participant prior to determining eligibility.
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17:45 Jun 19, 2015
Jkt 235001
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public Housing and
Indian Housing.
Reason Waived: In accordance with 24 CFR
5.110 and by virtue of section B.1 of the
Redelegation of Authority to the Deputy
Assistant Secretaries for Public and Indian
Housing published August 4, 2011 at 76 FR
47231, HUD found that good cause exists to
grant a waiver to permit San Antonio
Housing Authority (SAHA) to provide
temporary housing assistance for families
displaced by a fire at the former Wedgwood
Apartments for up to 120 days until
eligibility for assistance can be determined
by SAHA. It has been generally represented
to HUD that these displaced families are all
at least low-income.
Contact: Todd Thomas, Housing Program
Specialist, Office of Public Housing
Management & Occupancy Division, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 17th Floor,
Atlanta, GA 30303, telephone (678) 732–
2056.
• Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Ogden Housing Authority
(UT002) Ogden, UT.
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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 5, 2015.
Reason Waived: Pursuant to 24 CFR 5.110,
the request to waive the reporting
compliance deadlines under 24 CFR 5.801
and remove the LPF score of zero was
granted. The circumstances that prevented
resubmitting and correcting the audited
financial data by the due date are acceptable.
The agency had made good faith efforts
during the submission process.
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 Reno (NV001) Reno, NV.
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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 5, 2015.
Reason Waived: The circumstances that
prevented the HA from resubmitting and
correcting the unaudited financial data to be
available for review by the auditor were
beyond the agency’s control. The agency
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35665
made good faith efforts during the
submission process. However, this Financial
Assessment Subsystem (FASS) audited
submission waiver (extension) does not
apply to Single Audit submissions to the
Federal Audit Clearinghouse. The HA is
required to meet the Single Audit due dates.
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 902.20.
Project/Activity: Tupelo of Mesa Housing
Authority (MS077), Tupelo, MS.
Nature of Requirement: The objective of
this regulation is to determine whether a
housing authority (HA) is meeting the
standard of decent, safe, sanitary, and in
good repair. The Real Estate Assessment
Center (REAC) provides for an independent
physical inspection of a HA’s property of
properties that includes a statistically valid
sample of the units.
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: February 26, 2015.
Reason Waived: The circumstances
surrounding the waiver request are unusual
and beyond the agency’s control. No physical
inspections will be conducted for the HA’s
FYE December 31, 2015; however, HUD
expects that physical inspections for all
projects will resume for the HA’s fiscal year
ending December 31, 2016.
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 943.115(b)(3).
Project/Activity: Greeley Housing
Authority (GHA), Greeley, CO.
Nature of Requirement: This regulation
states that a public housing agency may not
participate in a consortium in its capacity as
an owner of a Section 8 project
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 10, 2015.
Reason Waived: These 20 project-based
vouchers would provide decent, safe and
sanitary housing for low-income elderly
families that may not otherwise be obtainable
due to the shrinking vacancy rate and oil and
gas expansion and overall increase in
economic activity.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4216, Washington,
DC 20410, telephone (202) 708–0477.
• Regulation: 24 CFR 982.207(b)(1)(ii).
Project/Activity: New York City Housing
Authority (NYCHA), New York, NY.
Nature of Requirement: This regulation
states that a residency preference is a
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preference for admissions of persons who
reside in a specific geographic area
(‘‘residency preference area’’). A county or
municipality may be used as a residency
preference area; however, the regulation
stipulates that ‘‘an area smaller than a county
or municipality may not be used as a
residency preference area.’’
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: January 15, 2015.
Reason Waived: The area known as
Community Block 11 has a population of
more than 120,000 which would rant in the
top one percent of municipalities
nationwide. Nearly 50 percent of seniors in
CB11 live at or below the federal poverty
level compared with just under 30 percent of
seniors in the larger borough of Manhattan.
This preference was granted for 25 percent of
residents at Draper Hall, a project-based
voucher project for the elderly, and only for
initial leasing of the project and not in
perpetuity.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4216, Washington,
DC 20410, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Brookline Housing
Authority (BHA), Brookline, 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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: January 7, 2015.
Reason Waived: The participant, who is a
person with disabilities, required an
exception payment standard to remain in his
current unit that meets his needs. To provide
this reasonable accommodation so that the
client could remain in his current 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: 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 982.505(d).
Project/Activity: Housing Authority of the
City of Alameda (HACA), Alameda, 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
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17:45 Jun 19, 2015
Jkt 235001
110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: January 26, 2015.
Reason Waived: The participant, who is a
person with disabilities, required an
exception payment standard to move to a
new unit that meets her needs. To provide
this reasonable accommodation so that the
client could move to this unit and pay no
more than 40 percent of her adjusted income
toward the family share, the HACA was
allowed to approve an exception payment
standard that exceeded the basic range of 90
to 110 percent of the FMR.
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 982.505(d).
Project/Activity: Housing Authority of the
County of Alameda (HACA), Hayward, 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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: February 11, 2015.
Reason Waived: The participant, who is a
person with disabilities, required an
exception payment standard to remain in his
current unit that meets his needs. To provide
this reasonable accommodation so that the
client could remain in his current unit and
pay no more than 40 percent of his adjusted
income toward the family share, the HACA
was allowed to approve an exception
payment standard that exceeded the basic
range of 90 to 110 percent of the FMR.
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 982.505(d).
Project/Activity: Berkeley Housing
Authority (BHA), Berkeley, 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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 6, 2015.
Reason Waived: The participant, who is a
person with disabilities, required an
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exception payment standard to move to a
more accessible unit that met her needs. To
provide this reasonable accommodation so
that the client could move to this new unit
and pay no more than 40 percent of her
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: 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 982.505(d).
Project/Activity: Housing Authority of the
County of Alameda (HACA), Hayward, 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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 6, 2015.
Reason Waived: The participant, who is a
person with disabilities, required an
exception payment standard to remain in his
current unit that meets his needs. To provide
this reasonable accommodation so that the
client could remain in his current unit and
pay no more than 40 percent of his adjusted
income toward the family share, the HACA
was allowed to approve an exception
payment standard that exceeded the basic
range of 90 to 110 percent of the FMR.
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 982.505(d).
Project/Activity: South Metro Housing
Options (SMHO), Littleton, 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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: March 27, 2015.
Reason Waived: The applicant, who is a
person with disabilities, required an
exception payment standard to remain in her
mobile home and rent the manufactured
home space. To provide this reasonable
accommodation so that the client could
remain in her current unit and pay no more
than 40 percent of her adjusted income
toward the family share, SMHO was allowed
to approve an exception payment standard
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that exceeded the basic range of 90 to 110
percent of the FMR.
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 982.505(d).
Project/Activity: Bangor Housing Authority
(BHA), Bangor, ME.
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: Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: The applicant, who is a
person with disabilities, required an
exception payment standard to rent her
manufactured home space for her mobile
home. To provide this reasonable
accommodation so that the client could
remain in her current unit and pay no more
than 40 percent of her adjusted income
toward the family share, BHA was allowed to
approve an exception payment standard that
exceeded the basic range of 90 to 110 percent
of the FMR.
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 983.53(a)(2).
Project/Activity: Hall County Housing
Authority (HCHA), Grand Island, NE.
Nature of Requirement: This regulation
states that the public housing agency may not
attach or pay project-based voucher
assistance for units on the grounds of a penal,
reformatory, medical, mental or similar
public or private institutions.
Granted By: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: February 11, 2015.
Reason Waived: The project is part of the
Veterans Affairs’ (VA) Burr Initiative in
which public and private developers bid on
vacant VA land for housing development
geared towards Veterans. The project will
offer veterans supportive services including
case management, substance abuse
counseling, and other services to promote
self-sufficiency. By housing additional
homeless veterans, the HCHA will be
assisting the Department in obtaining the
goal of ending Veteran homelessness by the
end of 2015.
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
VerDate Sep<11>2014
17:45 Jun 19, 2015
Jkt 235001
Urban Development, 451 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Bellevue Housing
Authority (BHA), Omaha, NE.
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: Jemine A. Bryon, Acting
Assistant Secretary for Public and Indian
Housing.
Date Granted: February 12, 2015.
Reason Waived: This waiver was granted
because for its fiscal year ending June 30,
2014, the BHA was required to submit a
SEMAP certification because it no longer had
less than 250 vouchers. However, the BHA
was mistakenly notified by the HUD Field
Office on August 5, 2014, that is was not
required to submit a SEMAP certification.
BHA 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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Chesapeake
Redevelopment and Housing Authority
(CRHA), Chesapeake, VA.
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: Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: The CRHA’s Board of
Commissioners was unable to meet to
approve the SEMAP certification prior to its
due date of February 29, 2015, because of
severe weather. The board meets on the
fourth Wednesday of each month. On the
fourth Wednesday of February evening
activities were cancelled due to a snow
storm. CRHA was permitted to submit its
SEMAP certification after the due date.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4210, Washington,
DC 20410, telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Franklin Township
Housing Authority (FTHA), Somerset, NJ. e,
VA.
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.
PO 00000
Frm 00044
Fmt 4703
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35667
Granted By: Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: FTHA is a small
deregulated PHA with 230 voucher units.
FTHA submitted its last SEMAP certification
for its fiscal year ending September 30, 2013,
when small PHAs were not required to
submit a biennial certification. Its
designation for that period was high
performer. However, all PHAs (including
small PHAs) were required to submit SEMAP
certifications for the period ending
September 30, 2014. Since FTHA had
submitted its certification the year before,
there was confusion regarding these
submission requirements and the
certification was not submitted for the period
ending September 30, 2014. FTHA was
permitted to submit its SEMAP certification
after the due date.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4210, Washington,
DC 20410, telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Garden State Episcopal
Community Development Corporation
(GSECDC), Jersey City, NJ.
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: Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: This waiver was granted
since the SEMAP certification could not be
submitted due to an issue with the
Information Management System/Public and
Indian Housing Information Center (IMS/PIC)
when information for the GSECDC was
updated. GSECDC was permitted to submit
its SEMAP certification after the due date.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4210, Washington,
DC 20410, telephone (202) 708–0477.
[FR Doc. 2015–15324 Filed 6–19–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5831–N–30]
Notice of Emergency Submission of
Proposed Information Collection to
OMB; Emergency Comment Request
Renewable Energy Commitment Form
Office of the Chief Information
Officer, HUD.
AGENCY:
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Agencies
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35660-35667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15324]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5871-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2015
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
[[Page 35661]]
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 January 1, 2015,
and ending on March 31, 2015.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons
with hearing- or speech-impairments may access this number through TTY
by calling the toll-free Federal 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 first quarter of calendar year 2015.
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 first 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
January 1, 2015 through March 31, 2015. 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 first quarter of calendar
year 2015) before the next report is published (the second quarter of
calendar year 2015), HUD will include any additional waivers granted
for the first 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: June 16, 2015.
Tonya T. Robinson,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2015 Through
March 31, 2015
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 City of Eek, AK, requested a waiver of 24
CFR 58.22(a) with regard to the submission of an application for
CDBG funds to the State of Alaska Department of Commerce, Community
and Economic Development for the construction of a solid waste
facility and the closing of the existing uncontrolled dumpsite. The
new landfill would allow the city to close its existing,
uncontrolled open dumpsite. The existing dumpsite is collocated with
a honey-bucket dumpsite, allowing waste to mix with water. A new
landfill is needed to eliminate the safety hazard of an unfenced
dumpsite and to eliminate fecal contaminated water in the community.
Nature of Requirement: The second sentence of HUD's regulation
at Sec. 58.22(a), entitled ``Limitation on activities pending
clearance'', provides that until the Request for Release of Funds
(RROF) and the related certification have been approved, neither a
recipient nor any participant in the development process may commit
non-HUD funds on or undertake an activity or project under a program
listed in Sec. 58.1(b) if the activity or project would have an
adverse environmental impact or limit the choice of reasonable
alternatives. A waiver is required because the city accepted and
recorded a quitclaim deed transfer of surface and subsurface rights
for the new landfill prior to receiving an approved RROF.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: January 23, 2015.
Reason Waived: The above project will further the HUD mission
and will advance HUD program goals to develop viable, quality
communities--specifically, by constructing a
[[Page 35662]]
much needed landfill and closing the existing, uncontrolled open
dumpsite; the City of Eek did not willfully violate the applicable
regulations; no HUD funds were committed; and the waiver would not
result in any unmitigated, adverse environmental impact.
Contact: Nelson A. Rivera, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 7134,
Washington, DC 20410, telephone number (202) 402-4455.
Regulation: 24 CFR 84.22(g), 85.21, and Appendix I,
section N.2 of the Neighborhood Stabilization Program 2 (NSP2)
Notice of funding Availability (NOFA).
Project/Activity: HUD regulations at 24 CFR 84.22(g), 24 CFR
85.21, and Office of Management and Budget (OMB) policy require NSP2
funds to be expended by September 30, 2015 or returned to the U.S.
Treasury. However, 42 of the 56 NSP2 grantees have a substantial
amount of program income that prevents them from meeting this
requirement. For a listing of the affected NSP2 grantees see:
https://www.hudexchange.info/resources/documents/NSP2-Program-Income-Waiver.pdf.
Nature of Requirement: The regulations at 24 CFR 84.22(g) and 24
CFR 85.21 state that recipients shall disburse funds available from
repayments to and interest earned on a revolving fund, program
income, rebates, refunds, contract settlements, audit recoveries and
interest earned on such funds before requesting additional cash
payments.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: January 28, 2015.
Reason Waived: Compliance with these program requirements has
hindered NSP2 grantees' ability to rapidly expend their line of
credit funds as many have successfully generated substantial amounts
of program income. Unlike the line of credit funds, program income
is not subject to the September 30, 2015, deadline imposed by OMB.
Loss of the grant funds would reduce the ability of these grantees
to invest in declining neighborhoods. The line of credit funds are
used for such purposes as: investment in distressed or foreclosed
properties, rehabilitation and reconstruction of deteriorated homes,
down payment assistance for purchasers of redeveloped properties,
rental assistance for multifamily properties, demolitions of homes
in areas with serious abandonment and vacancies, and land banking to
manage properties in areas with little current demand for real
estate. All of these activities would be curtailed if grantees
cannot expend their line of credit funds. As of January 12, 2015,
$71,843,226 was subject to loss and approximately 1,033 homes would
go untreated if this amount of funding was lost.
Contact: Stanley Gimont, Director, Office of Block Grant
Assistance, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 7286,
Washington, DC 20410, telephone (202) 708-3587.
Regulation: 24 CFR 92.500(d)(1)(C) .
Project/Activity: Spartanburg County, SC, requested a waiver of
24 CFR 92.500(d)(1)(C) to enable it complete the Ridge at Southport
project, a housing project for low-income seniors, for which
expenditures under the HOME Investment Partnerships Program (HOME)
had been suspended pending resolution of HUD monitoring findings.
Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C)
requires that a participating jurisdiction expend its annual
allocation of HOME funds within five years after HUD notifies the
participating jurisdiction that HUD has executed the jurisdiction's
HOME Investment Partnership Agreement. The regulation at 24 CFR
92.500(d)(1)(C) requires HUD to reduce or recapture any HOME funds
in a participating jurisdiction's HOME Investment Trust Fund that
are not expended within five years of HUD's notification to the
participating jurisdiction that it has executed its HOME grant
agreement. The County failed to disburse $92,686 of HOME grant funds
by its July 31, 2014 deadline.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 31, 2015.
Reason Waived: HUD instructed the County to cease HOME
disbursements pending the resolution of HUD monitoring findings and
the County could not disburse funds to the project for a two year
period. The waiver was granted because deobligation of $92,686 of
HOME funds would create an undue financial hardship for the County
and jeopardize the completion of the Ridge at Southport project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2486.
Regulation: 24 CFR 570.208(a)(l)(ii) and CPD Notice 14-
11.
Project/Activity: The City of Portage, MI, requested a waiver of
24 CFR 570.208(a)(1)(ii) to allow the city to remove a block group
from its upper quartile calculation when it determines whether
service areas for Community Development Block Grant (CDBG) assisted
activities meet the national objective of providing benefit to low-
and moderate-income persons on an area basis. The city maintained
the block group is not representative of the actual population
within the city.
Nature of Requirement: HUD's regulations at 24 CFR
570.208(a)(1)(ii) allow metropolitan cities and urban counties to
qualify an activity under Sec. 570.208(a), area benefit, when the
area served contains less than 51% low and moderate income residents
and when the proportion of low to moderate income persons in the
area is within the highest quartile of all areas in the recipient's
jurisdiction in terms of the degree of concentration of such
persons. CPD Notice 14-11, which implements that regulation for
current year grants, provides guidance on the use of updated Low/
Moderate Income Summary Data (LMISD) by Entitlement CDBG grantees.
The updated LMISD are based upon a new process incorporating the
2006-2010 American Community Survey. The Notice requires grantees to
use the updated LMISD, effective July 1, 2014, to determine whether
service areas for CDBG-assisted activities meet the national
objective of providing benefit to low- and moderate-income persons
on an area basis.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: January 8, 2015.
Reason Waived: The city has documented that the majority of
census tract 18.02, as well as all of its population and households,
is physically located within the city of Kalamazoo, which is not a
part of the city of Portage's entitlement area. Block group 2 of
census tract 18.02 is the only block group of this tract currently
belonging to the city of Portage. This block group is surrounded by
the city of Kalamazoo. The block group consists of 2.31 acres of
land and has no residents, has no household income and is on the
grounds of the Kalamazoo-Battle Creek International airport where no
residents or housing units will be permitted. The waiver allowed the
city to remove the block group from its upper quartile calculation
because it is not representative of the actual population within the
city and has limited its ability to use CDBG funds for the benefit
of low/moderate income persons.
Contact: Steve Johnson, Director of Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: 24 CFR 570.208(a)(l)(vi) and CPD Notice 14-
11.
Project/Activity: Snohomish County, WA, requested a waiver of 24
CFR 570.208(a)(l)(vi) to allow the use of prior Low and Moderate
Income Summary Data for an infrastructure activity (sidewalk and
storm water drainage improvements) in the City of Monroe in order to
demonstrate compliance with the low- and moderate-income benefit
national objective requirements.
Nature of Requirement: HUD's regulation at 24 CFR
570.208(a)(l)(vi) requires that the most recently available
decennial census information must be used to the fullest extent
feasible, together with the section 8 income limits that would have
applied at the time the income information was collected by the
Census Bureau, to determine whether there is a sufficiently large
percentage of low- and moderate-income persons residing in the area
served by a CDBG funded activity. The HUD-produced Low and Moderate
Income Summary Data provide this data to grantees. On June 10, 2014,
HUD issued new Low and Moderate Income Summary Data (LMISD), with an
effective date of July 1, 2014 for use by grantees.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: January 8, 2015.
Reason Waived: The request pertained to an infrastructure
activity in the City of Monroe, which had been in the planning
[[Page 35663]]
stage for many months, and was included in the county's Fiscal Year
(FY) 2014 Annual Action Plan. The county had dedicated significant
time and effort to designing this activity and ensuring that this
activity met all applicable programmatic requirements. However,
funds could not be obligated by the county to this activity prior to
July 1, 2014, because the grant agreement was not executed until
July 10, 2014, nine days after the effective date of the new LMISD.
It was determined that, unless the waiver was granted for the
county, this activity that directly benefits the safety of residents
would not be completed due to the lack additional funds needed to
conduct a special survey to qualify the service area. It was further
determined that the waiver would allow the county to use the prior
Low and Moderate Income Summary Data to demonstrate compliance with
the low- and moderate-income benefit national objective
requirements.
Contact: Steve Johnson, Director of Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: Neighborhood Stabilization Program 3 (NSP
3) Notice published on October 19, 2010, at 75 FR 64322 (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: Butler County, OH, requested a waiver of the
10 percent demolition cap under the Neighborhood Stabilization
Program, which restricts grantees from spending more than 10 percent
of total grant funds on demolition activities. Butler County
requested a waiver to increase an earlier approved waiver from 22.6
percent ($300,000) to 24.8 percent ($330,000) to address the
increasing costs associated with removing vacant units what will
never be occupied again due to their unsafe and neglected condition
and preserving housing units that enhance the stabilization of
communities impacted from foreclosures and abandonment.
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: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: January 9, 2015.
Reason Waived: Butler County provided statistical data showing
high vacancy and abandonment rates that resulted from significant
population and job loss. The county also demonstrated that its NSP3
target areas of Hamilton and New Miami, Ohio, have not benefitted
from the recovery that other areas have seen. Within the target
areas, roughly 80 percent of the housing stock is pre-1979, and
subsequently as older homes, lack energy efficient elements and are
not affordable for low and moderate income families.
Contact: Jessie Handforth Kome, Deputy Director, Office of Block
Grant Assistance, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh 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 219.220(b) (1995).
Project/Activity: Cottage Brook Apartments, FHA Project Number
023-069NIT, Boston, MA. The Owners requested a waiver of 24 CFR
219.220(b) (1995) to exempt Cottage Brook Apartments, Incorporated
(owner) from the requirement to repay the Flexible Subsidy Operating
Assistance Loan (Flexible Subsidy Loan) totaling $4,428,814.26,
including accrued interest.
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, states
``Assistance that has been paid to a project owner under this
subpart must be repaid at the earlier of the expiration of the term
of the mortgage, termination of mortgage insurance, prepayment of
the mortgage, or a sale of the project.
Granted by: Biniam Gebre, Acting Assistant Secretary for Housing
Federal Housing Commissioner, H.
Date Granted: January 26, 2015.
Reason Waived: The regulation was waived to permit the deferment
of the repayment of the Flexible Subsidy Loan, plus accrued
interest.
Contact: James Wyatt, Account Executive, Office of Housing,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 6172, Washington, DC 20410, telephone (202) 402-2636.
Regulation: 24 CFR 219.220(b) (1995).
Project/Activity: Spring Gate Apartments, Newark New Jersey, FHA
number 023057NI owned by Rockland Place Apartments, LP Rockland, MA.
The Owner has requested a one year deferral of the Flexible Subsidy
Loan in order to position the project for recapitalization and
preservation as affordable housing.
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, states
``Assistance that has been paid to a project owner under this
subpart must be repaid at the earlier of the expiration of the term
of the mortgage, termination of mortgage insurance, prepayment of
the mortgage, or a sale of the project.
Granted by: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: February, 2015.
Reason Waived: The Owner requested and was granted waiver of the
requirement to defer repayment of the Flexible Subsidy Operating
Assistance Loan to allow the much needed preservation and moderate
rehabilitation of the project. The project will be preserved as an
affordable housing resource.
Contact: Minnie Monroe-Baldwin, Director of Preservation, Office
of Affordable Housing Preservation, Department of Housing and Urban
Development, 451 7th Street SW., Washington, DC 20410-8000,
telephone: (202) 402-2636.
Regulation: 24 CFR 266.200(b).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Substantial Rehabilitation Defined. Eleven qualified
Housing Finance Agencies (HFAs) participating.
Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)
Substantial Rehabilitation Defined. The following changes apply to
both Level I and II Housing Finance Agencies Definition of
Substantial Rehabilitation (S/R) revised as: Work that exceeds
either: (a) $15,000 times the high cost factor ``as adjusted by HUD
for inflation'', or (b) replacement of two or more building systems.
``Replacement'' is when cost of replacement work exceeds 50% of the
cost of replacing the entire system. This is consistent with
proposed changes in the Multifamily Accelerated Processing (MAP)
Guide.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing Initiative between Housing
and Urban Development and the Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified HFAs participants.
Concurrent with the rollout of the FFB Initiative, HUD's Office of
Multifamily Housing is beginning the process of making regulatory
changes to these same provisions. Under this Initiative, FFB
provides capital to participating Housing Finance Agencies (HFAs) to
make multifamily loans insured under the FHA Multifamily Risk
Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 266.200(c).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take-Outs. Eleven qualified Housing Finance
Agencies (HFAs) participating.
Nature of Requirement: HUD's regulation at 24 CFR 266.200(c)
addresses equity take-outs for existing projects (refinance
transactions), and permits the insured mortgage to exceed the sum of
the total cost of acquisition, cost of financing, cost of repairs,
and reasonable transaction costs or ``equity take-outs'' in
refinances of HFA-financed projects and those outside of HFA's
portfolio if the result is preservation with the following
conditions: (1) Occupancy is no less than 93% for previous 12
months; (2) no defaults in the last 12 months of the HFA loan to be
refinanced; (3) a 20 year affordable
[[Page 35664]]
housing deed restriction placed on title that conforms to the
statutory definition in section 542(c) of the Housing and Community
Development Act of 1992; (4) a Property Capital Needs Assessment
(PCNA) must be performed and funds escrowed for all necessary
repairs, and reserves funded for future capital needs; and (5) for
projects subsidized by Section 8 Housing Assistance Payment (HAP)
contracts, owner agrees to renew HAP contract(s) for 20 year term,
(subject to appropriations and statutory authorization), and
existing and post-refinance HAP residual receipts are set aside to
be used to reduce future HAP payments.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: Waiver of the regulation was necessary to
effectuate the Federal Financing Bank (FFB) Risk Sharing Initiative
between Housing and Urban Development and the Treasury Department/
FFB announced in Fiscal Year 2014. There are 11 qualified HFAs
participants. Concurrent with the rollout of the FFB Initiative,
HUD's Office of Multifamily Housing is beginning the process of
making regulatory changes to these same provisions. Under this
Initiative, FFB provides capital to participating Housing Finance
Agencies (HFAs) to make multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Underwriting of Projects with Section 8 HAP Contracts.
Eleven qualified Housing Finance Agencies (HFAs) participating.
Nature of Requirement: HUD's regulation at 24 CFR 266.200(d)
addresses projects with Section 8 rental subsidies or other rental
subsidies, and provides that refinancing of Section 202 projects the
HFA is permitted to underwrite the mortgage using current or to be
adjusted project-based Section 8 assisted rents, even though the
rents exceed the market rates. This is consistent with HUD Housing
Notice 2013-17--Updated Requirements for Prepayment and Refinance of
Section 202 Direct Loans.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing Initiative between Housing
and Urban Development and the Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified HFAs participants.
Concurrent with the rollout of the FFB Initiative, HUD's Office of
Multifamily Housing is beginning the process of making regulatory
changes to these same provisions. Under this Initiative, FFB
provides capital to participating Housing Finance Agencies (HFAs) to
make multifamily loans insured under the FHA Multifamily Risk
Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Termination of Mortgage Insurance. Eleven qualified
Housing Finance Agencies (HFAs) participating.
Nature of Requirement: HUD's regulation at 24 CFR 266.620(e),
addresses termination of mortgage insurance provision (required for
FFB Initiative), and in accordance with this regulation only Level I
HFAs rated ``A'' or higher are permitted to substitute an
indemnification agreement or similar document binding the FIFA to
reimburse FHA for 100% of claim losses in the event the HFA commits
fraud or mismanagement. Only Level I HFAs are eligible for FFB
financing, thereby ensuring the HFA maintains financial capacity to
perform under the indemnification agreement. If the HFA loses its
``A'' rating, HFA must post the required reserve account as outlined
in 24 CFR part 266.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing Initiative between Housing
and Urban Development and the Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified HFAs participants.
Concurrent with the rollout of the FFB Initiative, HUD's Office of
Multifamily Housing is beginning the process of making regulatory
changes to these same provisions. Under this Initiative, FFB
provides capital to participating Housing Finance Agencies (HFAs) to
make multifamily loans insured under the FHA Multifamily Risk
Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 266.200(c).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take-Outs. Eleven qualified Housing Finance
Agencies (HFAs) participates.
Nature of Requirement: HUD's regulation at 24 CFR 266.200(c)
addresses equity take-outs for existing projects (refinance
transactions), and permits the insured mortgage to exceed the sum of
the total cost of acquisition, cost of financing, cost of repairs,
and reasonable transaction costs or ``equity take-outs'' in
refinances of HFA-financed projects and those outside of HFA's
portfolio if the result is preservation with the following
conditions: (1) Occupancy is no less than 93% for previous 12
months; (2) no defaults in the last 12 months of the HFA loan to be
refinanced; (3) a 20 year affordable housing deed restriction placed
on title that conforms to the statutory definition in section 542(c)
of the Housing and Community Development Act of 1992; (4) a Property
Capital Needs Assessment (PCNA) must be performed and funds escrowed
for all necessary repairs, and reserves funded for future capital
needs; and (5) for projects subsidized by Section 8 Housing
Assistance Payment (HAP) contracts, owner agrees to renew HAP
contract(s) for 20 year term, (subject to appropriations and
statutory authorization), and existing and post-refinance HAP
residual receipts are set aside to be used to reduce future HAP
payments.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing Initiative between Housing
and Urban Development and the Treasury Department/FFB announced in
Fiscal Year 2014. There are eleven qualified HFAs participates.
Concurrent with the rollout of the FFB Initiative, Multifamily is
beginning the process of making regulatory changes to these same
provisions. Under this Initiative, FFB provides capital to
participating Housing Finance Agencies (HFAs) to make multifamily
loans insured under the FHA Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Underwriting of Projects with Section 8 HAP Contracts.
Eleven qualified Housing Finance Agencies (HFAs) participates.
Nature of Requirement: HUD's regulation at 24 CFR 266.200(d)
addresses projects with Section 8 rental subsidies or other rental
subsidies, and provides that refinancing of Section 202 projects the
HFA is permitted to underwrite the mortgage using current or to be
adjusted project-based Section 8 assisted rents, even though the
rents exceed the market rates. This is consistent with HUD Housing
Notice 2013-17--Updated Requirements for Prepayment and Refinance of
Section 202 Direct Loans.
Granted By: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: March 20, 2015.
Reason Waived: The waiver was necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing Initiative between Housing
and Urban Development and the Treasury Department/FFB announced in
Fiscal Year 2014. There are 11 qualified HFAs participants.
Concurrent with the rollout of the FFB Initiative, HUD's Office of
Multifamily Housing is beginning the process of making regulatory
changes to these same provisions. Under this Initiative, FFB
provides capital to participating Housing
[[Page 35665]]
Finance Agencies (HFAs) to make multifamily loans insured under the
FHA Multifamily Risk Sharing Program.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 891.100(d).
Project/Activity: Stroud Manor, Sulphur, LA, Project Number:
046-HD143/LA48-Q101-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: February 20, 2015.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
Regulation: 24 CFR 891.130(b).
Project/Activity: Pollywog Creek Senior Housing, Lebelle, FL,
Project Number: 066-EE120/FL29-S101-006.
Nature of Requirement: Section 891.130(b) prohibits an identify
of interest between the sponsor or owner (or borrower, as
applicable) and any development team member or between development
team members until two years after final closing.
Granted by: Biniam Gebre, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: February 11, 2015.
Reason Waived: The entities are all affiliated, non-profit, and
have non-compensated officers. They meet HUD requirements.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
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.
Regulations: 24 CFR 5.216(b), 5.508(h) and 5.609.
Project/Activity: San Antonio, Texas.
Nature of Requirement: These regulations require applicants for
and participation in covered HUD programs to disclose and submit
documentation to verify their Social Security Numbers and
immigration status, and for the public housing authority to obtain
income information about the applicant or participant prior to
determining eligibility.
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public Housing and Indian Housing.
Reason Waived: In accordance with 24 CFR 5.110 and by virtue of
section B.1 of the Redelegation of Authority to the Deputy Assistant
Secretaries for Public and Indian Housing published August 4, 2011
at 76 FR 47231, HUD found that good cause exists to grant a waiver
to permit San Antonio Housing Authority (SAHA) to provide temporary
housing assistance for families displaced by a fire at the former
Wedgwood Apartments for up to 120 days until eligibility for
assistance can be determined by SAHA. It has been generally
represented to HUD that these displaced families are all at least
low-income.
Contact: Todd Thomas, Housing Program Specialist, Office of
Public Housing Management & Occupancy Division, Office of Public and
Indian Housing, Department of Housing and Urban Development, 17th
Floor, Atlanta, GA 30303, telephone (678) 732-2056.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Ogden Housing Authority (UT002) Ogden, UT.
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 5, 2015.
Reason Waived: Pursuant to 24 CFR 5.110, the request to waive
the reporting compliance deadlines under 24 CFR 5.801 and remove the
LPF score of zero was granted. The circumstances that prevented
resubmitting and correcting the audited financial data by the due
date are acceptable. The agency had made good faith efforts during
the submission process.
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 Reno (NV001)
Reno, NV.
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 5, 2015.
Reason Waived: The circumstances that prevented the HA from
resubmitting and correcting the unaudited financial data to be
available for review by the auditor were beyond the agency's
control. The agency made good faith efforts during the submission
process. However, this Financial Assessment Subsystem (FASS) audited
submission waiver (extension) does not apply to Single Audit
submissions to the Federal Audit Clearinghouse. The HA is required
to meet the Single Audit due dates.
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 902.20.
Project/Activity: Tupelo of Mesa Housing Authority (MS077),
Tupelo, MS.
Nature of Requirement: The objective of this regulation is to
determine whether a housing authority (HA) is meeting the standard
of decent, safe, sanitary, and in good repair. The Real Estate
Assessment Center (REAC) provides for an independent physical
inspection of a HA's property of properties that includes a
statistically valid sample of the units.
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: February 26, 2015.
Reason Waived: The circumstances surrounding the waiver request
are unusual and beyond the agency's control. No physical inspections
will be conducted for the HA's FYE December 31, 2015; however, HUD
expects that physical inspections for all projects will resume for
the HA's fiscal year ending December 31, 2016.
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 943.115(b)(3).
Project/Activity: Greeley Housing Authority (GHA), Greeley, CO.
Nature of Requirement: This regulation states that a public
housing agency may not participate in a consortium in its capacity
as an owner of a Section 8 project
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 10, 2015.
Reason Waived: These 20 project-based vouchers would provide
decent, safe and sanitary housing for low-income elderly families
that may not otherwise be obtainable due to the shrinking vacancy
rate and oil and gas expansion and overall increase in economic
activity.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.207(b)(1)(ii).
Project/Activity: New York City Housing Authority (NYCHA), New
York, NY.
Nature of Requirement: This regulation states that a residency
preference is a
[[Page 35666]]
preference for admissions of persons who reside in a specific
geographic area (``residency preference area''). A county or
municipality may be used as a residency preference area; however,
the regulation stipulates that ``an area smaller than a county or
municipality may not be used as a residency preference area.''
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: January 15, 2015.
Reason Waived: The area known as Community Block 11 has a
population of more than 120,000 which would rant in the top one
percent of municipalities nationwide. Nearly 50 percent of seniors
in CB11 live at or below the federal poverty level compared with
just under 30 percent of seniors in the larger borough of Manhattan.
This preference was granted for 25 percent of residents at Draper
Hall, a project-based voucher project for the elderly, and only for
initial leasing of the project and not in perpetuity.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Brookline Housing Authority (BHA), Brookline,
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: January 7, 2015.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to remain in
his current unit that meets his needs. To provide this reasonable
accommodation so that the client could remain in his current 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: 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 982.505(d).
Project/Activity: Housing Authority of the City of Alameda
(HACA), Alameda, 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: January 26, 2015.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
new unit that meets her needs. To provide this reasonable
accommodation so that the client could move to this unit and pay no
more than 40 percent of her adjusted income toward the family share,
the HACA was allowed to approve an exception payment standard that
exceeded the basic range of 90 to 110 percent of the FMR.
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 982.505(d).
Project/Activity: Housing Authority of the County of Alameda
(HACA), Hayward, 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: February 11, 2015.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to remain in
his current unit that meets his needs. To provide this reasonable
accommodation so that the client could remain in his current unit
and pay no more than 40 percent of his adjusted income toward the
family share, the HACA was allowed to approve an exception payment
standard that exceeded the basic range of 90 to 110 percent of the
FMR.
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 982.505(d).
Project/Activity: Berkeley Housing Authority (BHA), Berkeley,
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 6, 2015.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
more accessible unit that met her needs. To provide this reasonable
accommodation so that the client could move to this new unit and pay
no more than 40 percent of her 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: 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 982.505(d).
Project/Activity: Housing Authority of the County of Alameda
(HACA), Hayward, 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 6, 2015.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to remain in
his current unit that meets his needs. To provide this reasonable
accommodation so that the client could remain in his current unit
and pay no more than 40 percent of his adjusted income toward the
family share, the HACA was allowed to approve an exception payment
standard that exceeded the basic range of 90 to 110 percent of the
FMR.
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 982.505(d).
Project/Activity: South Metro Housing Options (SMHO), Littleton,
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: The applicant, who is a person with disabilities,
required an exception payment standard to remain in her mobile home
and rent the manufactured home space. To provide this reasonable
accommodation so that the client could remain in her current unit
and pay no more than 40 percent of her adjusted income toward the
family share, SMHO was allowed to approve an exception payment
standard
[[Page 35667]]
that exceeded the basic range of 90 to 110 percent of the FMR.
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 982.505(d).
Project/Activity: Bangor Housing Authority (BHA), Bangor, ME.
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: Lourdes Castro Ramirez, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: The applicant, who is a person with disabilities,
required an exception payment standard to rent her manufactured home
space for her mobile home. To provide this reasonable accommodation
so that the client could remain in her current unit and pay no more
than 40 percent of her adjusted income toward the family share, BHA
was allowed to approve an exception payment standard that exceeded
the basic range of 90 to 110 percent of the FMR.
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 983.53(a)(2).
Project/Activity: Hall County Housing Authority (HCHA), Grand
Island, NE.
Nature of Requirement: This regulation states that the public
housing agency may not attach or pay project-based voucher
assistance for units on the grounds of a penal, reformatory,
medical, mental or similar public or private institutions.
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: February 11, 2015.
Reason Waived: The project is part of the Veterans Affairs' (VA)
Burr Initiative in which public and private developers bid on vacant
VA land for housing development geared towards Veterans. The project
will offer veterans supportive services including case management,
substance abuse counseling, and other services to promote self-
sufficiency. By housing additional homeless veterans, the HCHA will
be assisting the Department in obtaining the goal of ending Veteran
homelessness by the end of 2015.
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 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Bellevue Housing Authority (BHA), Omaha, NE.
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: February 12, 2015.
Reason Waived: This waiver was granted because for its fiscal
year ending June 30, 2014, the BHA was required to submit a SEMAP
certification because it no longer had less than 250 vouchers.
However, the BHA was mistakenly notified by the HUD Field Office on
August 5, 2014, that is was not required to submit a SEMAP
certification. BHA 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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Chesapeake Redevelopment and Housing Authority
(CRHA), Chesapeake, VA.
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: Lourdes Castro Ramirez, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: The CRHA's Board of Commissioners was unable to
meet to approve the SEMAP certification prior to its due date of
February 29, 2015, because of severe weather. The board meets on the
fourth Wednesday of each month. On the fourth Wednesday of February
evening activities were cancelled due to a snow storm. CRHA was
permitted to submit its SEMAP certification after the due date.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Franklin Township Housing Authority (FTHA),
Somerset, NJ. e, VA.
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: Lourdes Castro Ramirez, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: FTHA is a small deregulated PHA with 230 voucher
units. FTHA submitted its last SEMAP certification for its fiscal
year ending September 30, 2013, when small PHAs were not required to
submit a biennial certification. Its designation for that period was
high performer. However, all PHAs (including small PHAs) were
required to submit SEMAP certifications for the period ending
September 30, 2014. Since FTHA had submitted its certification the
year before, there was confusion regarding these submission
requirements and the certification was not submitted for the period
ending September 30, 2014. FTHA was permitted to submit its SEMAP
certification after the due date.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Garden State Episcopal Community Development
Corporation (GSECDC), Jersey City, NJ.
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: Lourdes Castro Ramirez, Principal Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: March 27, 2015.
Reason Waived: This waiver was granted since the SEMAP
certification could not be submitted due to an issue with the
Information Management System/Public and Indian Housing Information
Center (IMS/PIC) when information for the GSECDC was updated. GSECDC
was permitted to submit its SEMAP certification after the due date.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
[FR Doc. 2015-15324 Filed 6-19-15; 8:45 am]
BILLING CODE 4210-67-P