Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2015, 79079-79090 [2015-31874]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79079-79090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31874]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5871-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2015

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2015, and ending on September 30, 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 third 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

[[Page 79080]]

waivers of regulations that HUD has approved, by publishing a notice in 
the Federal Register. These notices (each covering the period since the 
most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2015 through September 30, 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 third quarter of calendar 
year 2015) before the next report is published (the fourth quarter of 
calendar year 2015), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: December 11, 2015.
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2015 Through 
September 30, 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 Norwalk Redevelopment Agency requested a 
waiver of 24 CFR 58.22(a) for the modernization of the Globe Theater 
in Norwalk, CT as part of the downtown Wall Street Redevelopment 
Plan.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) 
provides that ``until the Request for Release of Funds 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...if the activity or project would have 
an adverse environmental impact or limit the choice of reasonable 
alternatives.''
    Granted by: Harriet Tregoning, Principal Deputy Assistance 
Secretary, Office of Community Planning and Development.
    Date Granted: September 23, 2015.
    Reason Waived: The project demonstrated that it would help 
promote economic development in downtown Norwalk. Further, the 
developer did not intentionally violate the regulation; no HUD funds 
were committed; and based on the environmental review and the HUD 
field inspection, it was concluded that granting a waiver for this 
project would not result in any unmitigated, adverse environmental 
impact.
    Contact: Lauren B. McNamara, Office of Environment and Energy, 
Office of Community Planning and Development, Department of Housing 
and Urban Development, 451 Seventh Street SW., Room 7212 Washington, 
DC 20410, telephone (202) 402-4466.

     Regulation: 24 CFR 58.22(a).
    Project/Activity: The City of Simi Valley, CA requested a waiver 
of 24 CFR 58.22(a) for the construction of the Camino Esperanza 
Apartments that will feature 30 HOME-assisted units together with 
tax-credit financing.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) 
provides that ``until the Request for Release of Funds 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 . . . if the activity or project would 
have an adverse environmental impact or limit the choice of 
reasonable alternatives.''
    Granted by: Harriet Tregoning, Principal Deputy Assistance 
Secretary, Office of Community Planning and Development.
    Date Granted: September 16, 2015.
    Reason Waived: The project demonstrated it would help meet the 
needs of low-income seniors and seniors with disabilities for 
affordable housing, and that the project would not be feasible 
without HOME financing. Further, the recipient did not intentionally 
violate the regulations; no HUD funds were committed; and based on 
the environmental assessment and the HUD field inspection, it was 
concluded that granting a waiver for this project would not result 
in any unmitigated, adverse environmental impact. The process 
ensured the protection of wetlands on one end of the parcel and the 
protection of the senior citizens from railroad noise via a noise 
wall.
    Contact: Lauren B. McNamara, Office of Environment and Energy, 
Office of Community Planning and Development, Department of Housing 
and Urban Development, 451 Seventh Street SW., Room 7212, 
Washington, DC 20410, telephone (202) 402-4466.

     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: The City of Detroit, MI requested a waiver of 
24 CFR 91.105(c)(2) to shorten the comment period for the use of 
$8.9 million in Community Development Block Grant (CDBG) Disaster 
Recovery and other funding that was originally appropriated for 
Federal Fiscal Year 2013. The funds would assist with planning and 
implementation costs associated with resilient projects in the 
Brightmoor, Mt. Elliot and McDougall-Hunt neighborhoods, stemming 
from August 2014 flooding damage.
    Nature of Requirement: HUD's regulation 24 CFR 91.105(c)(2) 
requires that citizens be provided with reasonable notice and an 
opportunity to comment on substantial amendments to its consolidated 
plan. The citizen participation plan requires that citizens be given 
no less than 30 days to comment on substantial amendments before

[[Page 79081]]

they are implemented. The city requested the public comment period 
for the substantial amendment be shortened from 30 days to 7 days. 
The period of time for the obligation of the funding that was 
originally appropriated for Federal Fiscal Year 2013 expired on 
September 30, 2015, under the annual appropriations act.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: August 25, 2015.
    Reason Waived: HUD has determined that better planning and a 
reduced comment period would increase the pace of the city's 
recovery and ensure that the CDBG funds and other funding will be 
used effectively. Some of the $8.9 million in CDBG funds being made 
available to the city were appropriated in Federal Fiscal Year 2013, 
and the period for obligation of that funding expired on September 
30, 2015. The city could not complete its citizen participation and 
amendment process and enter into a grant agreement before September 
30th with a 30-day comment period. By granting the city's request to 
waive the requirement at 24 CFR 91.105(c)(2) both the city and the 
Department would be able to ensure the obligation of these CDBG 
funds prior to their expiration on September 30, 2015 and make it 
likely that the city will fulfill its citizen participation 
requirements, thereby ensuring that the congressional intent of 
using the funds consistent with the purposes of the Act will be 
achieved.
    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 92.500 (d)(1)(B) and 24 CFR 
92.500(d)(1)(C)
    Project/Activity: Jefferson Parish Consortium, LA requested a 
waiver of 24 CFR 92.500(d)(1)(B) and 24 CFR 92.500(d)(1)(C) to 
provide additional time to commit and expend its annual allocation 
of HOME funds in order to facilitate the ongoing recovery from the 
devastation caused by Hurricane Isaac.
    Nature of Requirements: HUD's regulation at 24 CFR 
92.500(d)(1)(B) requires a HOME participating jurisdiction to commit 
its annual allocation of HOME funds within 24 months after HUD 
notifies the participating jurisdiction that it has executed the 
HOME Investment Partnership Agreement. HUD's regulation at 24 CFR 
92.500(d)(1)(C) requires a HOME participating jurisdiction to expend 
its annual allocation of HOME funds within five years after HUD 
notifies the participating jurisdiction that it has executed the 
HOME Investment Partnership Agreement.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary, Office of Community Planning & Development.
    Date Granted: July 24, 2015
    Reasons Waived: As a result of Hurricane Isaac, HUD suspended 
the FY 2011 deadline for the commitment of HOME funds and the FY 
2008 expenditure requirement. The Consortium has requested a 
suspension of its September 30, 2014, commitment deadline and waiver 
of its October 31, 2014, expenditure deadline. The Consortium 
currently has a commitment shortfall of $1,453,977 and an 
expenditure shortfall of $2,679,758. The suspension of these 
deadlines would enable the Consortium to retain the HOME funds 
otherwise subject to recapture.
    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., 
Washington, DC 20410-7000, telephone (202) 708-2684.

     Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: The Commonwealth of Puerto Rico requested a 
waiver of 24 CFR 92.500(d)(1)(C), which requires that a 
participating jurisdiction expend its annual allocation of HOME 
Funds within five years after HUD notifies the participating 
jurisdiction that HUD has executed the jurisdiction's HOME 
Investment Partnership Agreement.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's (PJ's) HOME Investment Trust Fund that 
are not expended within five years of HUD's notification to the PJ 
that is has executed its HOME grant agreement. The Commonwealth 
failed to disburse $12,177,614 of HOME grant funds by its July 31, 
2015, deadline.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary, Office of Community Planning and Development.
    Date Granted: July 24, 2015.
    Reason Waived: In August and October of 2014, the Commonwealth 
repaid large amounts to its HOME Program Treasury Account to resolve 
HUD Office of Inspector General (OIG) audit findings that it 
expended HOME funds for ineligible expenditures. Because of the size 
and timing of these repayments, the Commonwealth did not have 
adequate time to commit the repaid funds to new affordable housing 
projects and expend them for costs associated with those projects. 
HUD granted the waiver to permit the Commonwealth additional time to 
expend funds on new affordable housing projects, because 
deobligating $12,177,614 under these circumstances would create an 
undue hardship of low-income residents of the Commonwealth who need 
standard, affordable housing.
    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) 708-2684.

     Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: New Castle County, DE requested a waiver of 24 
CFR 92.500(d)(1)(C), which requires that a participating 
jurisdiction expend its annual allocation of HOME Funds within five 
years after HUD notifies the participating jurisdiction that HUD has 
executed the jurisdiction's HOME Investment Partnership Agreement.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's (PJ's) HOME Investment Trust Fund that 
are not expended within five years of HUD's notification to the PJ 
that is has executed its HOME grant agreement. The County failed to 
disburse $412,204 of HOME grant funds by its June 30, 2015, 
deadline.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary, Office of Community Planning and Development.
    Date Granted: July 24, 2015.
    Reason Waived: In April, 2015, the County repaid a large amount 
to its HOME Program Treasury Account to resolve monitoring findings 
related to two rental housing projects that were not completed. 
Because the funds were repaid just 2 months before the expenditure 
deadline, it was not possible for the County to commit the funds to 
a new affordable housing project and expend the funds for an 
eligible cost associated with that project. HUD granted the waiver 
to permit the County sufficient time to commit and expend the funds 
on new affordable housing projects that will serve low-income 
residents.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community and Planning Development, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 7164, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: The City of Buffalo, NY requested a waiver of 
24 CFR 92.500(d)(1)(C), which requires that a participating 
jurisdiction expend its annual allocation of HOME funds within five 
years after HUD notifies the participating jurisdiction that HUD has 
executed the jurisdiction's HOME Investment Partnership Agreement.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's HOME Investment Trust Fund that are not 
expended within five years of HUD's notification to the 
participating jurisdiction that is has executed its HOME grant 
agreement. The City failed to disburse $3,072,861 of HOME grant 
funds by its June 30, 2015, deadline.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary, Office of Community Planning and Development.
    Date Granted: July 24, 2015.
    Reason Waived: The City's ability to expend HOME funds was 
suspended for more than a year pending resolution of HUD monitoring 
findings. HUD granted the waiver to permit the City sufficient time 
to commit and expend the funds on new affordable housing projects 
that will serve low-income residents.
    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) 708-2684.

     Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: The County of Westchester, NY requested a 
waiver of 24 CFR 92.500(d)(1)(C), which requires that a 
participating jurisdiction expend its annual

[[Page 79082]]

allocation of HOME funds within five years after HUD notifies the 
participating jurisdiction that HUD has executed the jurisdiction's 
HOME Investment Partnership Agreement.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's HOME Investment Trust Fund that are not 
expended within five years of HUD's notification to the 
participating jurisdiction that is has executed its HOME grant 
agreement. The County failed to disburse $141,723 of HOME grant 
funds by its July 31, 2014, deadline.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary, Office of Community Planning and Development.
    Date Granted: July 24, 2015.
    Reason Waived: In April, 2014, the County repaid a large sum of 
HOME funds to its HOME Program Treasury Account and did not have 
adequate time to expend these funds on new affordable housing 
projects. Because the funds were repaid just 2 months before the 
expenditure deadline, it was not possible for the County to commit 
the funds to a new affordable housing project and expend the funds 
for an eligible cost associated with that project. HUD granted the 
waiver to permit the County sufficient time to commit and expend the 
funds on new affordable housing projects that will serve low-income 
residents.
    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) 708-2684.

     Regulation: 24 CFR 570.200(g).
    Project/Activity: The City of Detroit, MI requested a waiver of 
24 CFR 570.200(g) to allow more than 20 percent of Community 
Development Block Grant funds to be used to assist with planning 
costs associated with resilient projects in the Brightmoor, Mt. 
Elliot and McDougall-Hunt neighborhoods, stemming from August 2014 
flooding damage.
    Nature of Requirement: HUD's regulation at 24 CFR 570.200(g) 
(Limitation on planning and administrative costs) provides that no 
more than 20 percent of the sum of any grant, plus program income, 
shall be expended for planning and program administrative costs, as 
defined in Sec. Sec.  570.205 and 507.206, respectively. Recipients 
shall conform with this requirement by limiting the amount of CDBG 
funds obligated for planning plus administration during each program 
year to an amount no greater than 20 percent of the sum of its 
entitlement grant made for that program year (if any) plus the 
program income received by the recipient and its subrecipients (if 
any) during that program year.
    Granted by: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: August 25, 2015.
    Reason Waived: HUD determined that better planning would 
increase the pace of the city's recovery and ensure that financial 
resources such as CDBG-DR funding will be used effectively. By 
granting the city's request to waive the requirements at Sec.  
570.200(g) the city would be able to carry out specific planning 
activities that would have a more immediate impact on the disaster-
affected areas. In addition, the focus on the use of the CDBG funds 
for pre-development costs is consistent with the Federal 
Government's Build America initiative, a component of which is 
encouraging grantees to use CDBG funds to promote infrastructure 
development.
    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.

II. Regulatory Waivers Granted by the Office of Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Cooper Road Plaza Apartments, FHA Project 
Number 064-35418, Shreveport, LA. Post 525 Cooper Road Plaza, 
Incorporated (owner) seeks approval to defer repayment of the 
Flexible Subsidy Operating Assistance Loans on the subject project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, states 
``Assistance that has been paid to a project Owner under this 
subpart must be repaid at the earlier of the expiration of the term 
of the mortgage, termination of mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 2, 2015.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan. Deferring the loan payment will preserve this 
affordable housing resource for an additional 20 years through the 
execution and recordation of a Rental Use Agreement.
    Contact: Kimberly Britt, Account Executive, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6178, Washington, DC 20410, telephone (202) 402-7576.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Knights of St. John, FHA Project Number 083-
35017T, Louisville, KY; KSJ Corporation of Louisville, Kentucky 
(Owner) seeks approval to defer repayment of the Flexible Subsidy 
Operating Assistance Loan on the project.
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment of operating 
assistance provided under the Flexible Subsidy Program for Troubled 
Properties, states ``Assistance that has been paid to a project 
Owner under this subpart must be repaid at the earlier of the 
expiration of the term of the mortgage, termination of mortgage 
insurance, prepayment of the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 17, 2015.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan. Deferring the loan payment will preserve this 
affordable housing resource for an additional 20 years through the 
execution and recordation of a Rental Use Agreement.
    Contact: Marilynne Hutchins, Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 6174, Washington, DC 20410, telephone (202) 402-
4323.

    Regulation: 24 CFR 219.220(b).
    Project/Activity: Smith Tower, FHA Project Number: 126-SH009, 
Vancouver, WA; Mid-Columbia Manor, Incorporated seeks approval to 
defer repayment of the Flexible Subsidy Operating Assistance Loan
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment of operating 
assistance provided under the Flexible Subsidy Program for Troubled 
Projects states, ``Assistance that has been paid to a project Owner 
under this subpart must be repaid at the earlier of expiration of 
the term of the mortgage, termination of mortgage insurance, 
prepayment of the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 28, 2015.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan. Deferring the loan payment will preserve this 
affordable housing resource for an additional 20 years through the 
execution and recordation of a Rental Use Agreement.
    Contact: Kimberly Britt, Account Executive, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6174, Washington, DC 20410, telephone (202) 402-7576.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Canterbury House, FHA Project Number 
0540SH001, Charleston, SC; Episcopal Diocesan Housing, Incorporated 
seeks approval to defer repayment of the Flexible Subsidy Operating 
Assistance Loan.
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment of operating 
assistance provided under the Flexible Subsidy Program for Troubled 
Projects states, ``Assistance that has been paid to a project Owner 
under this subpart must be repaid at the earlier of expiration of 
the term of the mortgage, termination of mortgage insurance, 
prepayment of the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 28, 2015.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan. Deferring the

[[Page 79083]]

loan payment will preserve this affordable housing resource for an 
additional 20 years through the execution and recordation of a 
Rental Use Agreement.
    Contact: Frank Tolliver, Account Executive, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6174, Washington, DC 20410, telephone (202) 402-3821.

     Regulation: 24 CFR 219.220(b) (1995).
    Project/Activity: Berrien Homes is a 160-unit project located in 
Benton Harbor, MI (FHA-023-071N1) that is being purchased by Berrien 
Homes Limited Dividend Housing Association Limited Partnership. The 
project consists of 15 one-bedroom units, 45 two-bedroom units, 60 
three-bedroom units, and 40 four-bedroom units. The 30 year mortgage 
was insured pursuant to FHA 223(a)(7) which was a refinance of 
Section 236 of the National Housing Act and was endorsed on August 
27, 2010, in the amount of $455,400 at 6.25 percent interest. The 
Flexible Subsidy Operating Assistance Loan was awarded in 1987 in 
the amount of $2,964,600 with 1 percent non-compounding annual 
interest. As of December 2014, the accrued interest was $796,546. 
The 2010 Mark to Market (M2M) transaction subordinated the Flexible 
Subsidy Note to the FHA Insured first mortgage, the HUD-held 
Mortgage Restructuring Note and the Green Retrofit Loan, and made it 
due and payable upon a sale of the Property or the prepayment of the 
M2M originated debt. The purchaser requested the re-subordination of 
the Flexible Subsidy Loan for a new 30-year term to facilitate the 
transaction.
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment of operating 
assistance provided under the Flexible Subsidy Program for Troubled 
Projects states ``Assistance that has been paid to a project owner 
under this subpart must be repaid at the earlier of expiration of 
the term of the mortgage, termination of mortgage insurance, 
prepayment of the mortgage, or a sale of the project (Transfer of 
Physical Assets (TPA)) if the Secretary so requires at the time of 
approval of the TPA.''.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: August 13, 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 of Benton Harbor, MI.
    Contact: Patricia M. Burke, Acting Branch Chief, Office of 
Recapitalization, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 6230, Washington, DC 
20410, telephone (202) 402-3460.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Tubman Towers, FHA Project No. 043-35034T, 
Springfield, Ohio; Lutheran Social Services of Central Ohio Tubman 
Towers seeks approval to defer repayment of the Flexible Subsidy 
Operating Assistance Loan.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Projects states, 
``Assistance that has been paid to a project Owner under this 
subpart must be repaid at the earlier of expiration of the term of 
the mortgage, termination of mortgage insurance, prepayment of the 
mortgage, or a sale of the project.''
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: August 14, 2015.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan when it became due upon the project's mortgage 
maturity. Deferring the loan payment will preserve this affordable 
housing resource for an additional 35 years through the execution 
and recordation of a Rental Use Agreement.
    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) 402-2519.

     Regulation: 24 CFR 232.7.
    Project/Activity: Oak Creek Alzheimer & Dementia Care Center 
(FHA No. 121-22178) is a memory care facility. The facility does not 
meet the requirements of 24 CFR 232.7 ``Bathroom'' of FHA's 
regulations. The project is located in Castro Valley, CA.
    Nature of Requirement: The regulation mandates in a board and 
care home or assisted living facility that the not less than one 
full bathroom must be provided for every four residents. Also, the 
bathroom cannot be accessed from a public corridor or area.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: June 4, 2015.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the resident to full bathroom ratio is 9.5: 1. 
The project meets the State of California's licensing requirements 
for bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 266.200(b)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Substantial Rehabilitation Defined. Housing 
Opportunities Commission (HOC) of Montgomery County, Maryland.
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)(2) 
defines substantial rehabilitation as any combination of covered 
work to the existing facilities of a project that aggregates to at 
least 15 percent of project's value after the rehabilitation and 
that results in material improvement of the project's economic life, 
livability, marketability, and profitability. Covered work includes 
replacement, alteration and/or modernization of building spaces, 
long-lived building or mechanical system components, or project 
facilities. 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 percent of the cost of replacing 
the entire system. The base limit is revised to $15,000 per unit for 
2015, and will be adjusted annually based on the percentage change 
published by the Consumer Financial Protection Bureau, or other 
inflation cost index published by HUD. This is consistent with 
proposed changes in MAP Guide.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: August 26, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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(b)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Substantial Rehabilitation Defined. Minnesota Housing 
Finance Agency (MHFA).
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)(2) 
defines substantial rehabilitation as any combination of covered 
work to the existing facilities of a project that aggregates to at 
least 15 percent of project's value after the rehabilitation and 
that results in material improvement of the project's economic life, 
livability, marketability, and profitability. Covered work includes 
replacement, alteration and/or modernization of building spaces, 
long-lived building or mechanical system components, or project 
facilities. 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 percent of the cost of replacing 
the entire system. The base limit is revised to $15,000 per unit for 
2015, and will be adjusted annually based on the percentage change 
published by the Consumer Financial Protection Bureau, or other 
inflation cost index published by HUD. This is consistent with 
proposed changes in MAP Guide.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.

[[Page 79084]]

    Date Granted: September 22, 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. The waivers are consistent with changes 
Multifamily is seeking now to the regulation and as previously 
approved in March 2015 for the first 11 HFAs participating in the 
Initiative. Under this Initiative, FFB provides capital to 
participating Housing Finance Agencies (HFAs) to make multifamily 
loans insured under the FHA Multifamily Risk Sharing Program.
    Contact: 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)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Equity Take-Outs. Housing Opportunities Commission (HOC) 
of Montgomery County, Maryland
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(c)(2) 
allows existing projects to be refinanced if certain criteria are 
met. If the property is subject to an HFA financed loan to be 
refinanced and such refinancing will result in the preservation of 
affordable housing, refinancing of these properties is permissible 
if project occupancy is not less than 93 percent (to include 
consideration of rent in arrears), based on the average occupancy in 
the project over the most recent 12 months, and the mortgage does 
not exceed an amount supportable by the lower of the unit rents 
being collected under the rental assistance agreement or the unit 
rents being collected at unassisted projects in the market area that 
are similar in amenities and location to the project for which 
insurance is being requested. The HUD-insured mortgage may not 
exceed the sum of the existing indebtedness, cost of refinancing, 
the cost of repairs and reasonable transaction costs as determined 
by the Commissioner. If a loan to be refinanced has been in default 
within the 12 months prior to application for refinancing, the HFA 
must assume not less than 50 percent of the risk. Equity take-outs 
for existing projects (refinance transactions) permit the insured 
mortgage to exceed the sum of the total cost of acquisition, cost of 
financing, cost of repairs, and reasonable transaction costs or 
``equity take-outs'' in refinances of HFA-financed projects and 
those outside of HFA's portfolio if the result is preservation with 
the following conditions: (1) Occupancy is no less than 93 percent 
for previous 12 months; (2) no defaults in the last 12 months of the 
HFA loan to be refinanced; (3) a 20 year affordable housing deed 
restriction placed on title that conforms to the 542(c) statutory 
definition; (4) a Capital Needs Assessment (CNA) 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, the Owner agrees to 
renew HAP contract(s) for 20 year term, (subject to appropriations 
and statutory authorization, etc.), and existing and post-refinance 
HAP residual receipts are set aside to be used to reduce future HAP 
payments.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: August 26, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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., Washington, DC 20410, telephone (202) 402-8386.

     Regulation: 24 CFR 266.200(c)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Equity Take-Outs. Minnesota Housing Finance Agency 
(MHFA).
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(c)(2) 
allows existing projects to be refinanced if certain criteria are 
met. If the property is subject to an HFA financed loan to be 
refinanced and such refinancing will result in the preservation of 
affordable housing, refinancing of these properties is permissible 
if project occupancy is not less than 93 percent (to include 
consideration of rent in arrears), based on the average occupancy in 
the project over the most recent 12 months, and the mortgage does 
not exceed an amount supportable by the lower of the unit rents 
being collected under the rental assistance agreement or the unit 
rents being collected at unassisted projects in the market area that 
are similar in amenities and location to the project for which 
insurance is being requested. The HUD-insured mortgage may not 
exceed the sum of the existing indebtedness, cost of refinancing, 
the cost of repairs and reasonable transaction costs as determined 
by the Commissioner. If a loan to be refinanced has been in default 
within the 12 months prior to application for refinancing, the HFA 
must assume not less than 50 percent of the risk. Equity take-outs 
for existing projects (refinance transactions) permit the insured 
mortgage to exceed the sum of the total cost of acquisition, cost of 
financing, cost of repairs, and reasonable transaction costs or 
``equity take-outs'' in refinances of HFA-financed projects and 
those outside of HFA's portfolio if the result is preservation with 
the following conditions: (1) Occupancy is no less than 93% for 
previous 12 months; (2) no defaults in the last 12 months of the HFA 
loan to be refinanced; (3) a 20 year affordable housing deed 
restriction placed on title that conforms to the 542(c) statutory 
definition; (4) a Capital Needs Assessment (CNA) 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, the Owner agrees to 
renew HAP contract(s) for 20 year term, (subject to appropriations 
and statutory authorization, etc.), and existing and post-refinance 
HAP residual receipts are set aside to be used to reduce future HAP 
payments.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 22, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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. 
Housing Opportunities Commission (HOC) of Montgomery County, 
Maryland
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(d) 
allows projects receiving project-based assistance under section 8 
of the U.S. Housing Act of 1937 or other rental subsidies to be 
incurred only if the mortgage does not exceed an amount supportable 
by the lower of the unit rents being or to be collected under the 
rental assistance agreement or the unit rents being collected at 
unassisted projects in the market that are similar in amenities and 
location to the project. For refinancing of Section 202 projects, 
and for Public Housing Authority (PHA) projects converting to 
Section 8 through RAD, the Department permitted HOC to underwrite 
the financing using current or to be adjusted project-based Section 
8 assisted rents, even though they exceed the market rates. This is 
consistent with HUD Housing Notice 04-21, ``Amendments to Notice 02-
16: Underwriting Guidelines for Refinancing of Section 202, and 
Section 202/8 Direct Loan Repayments'', which grants authority only 
to those lenders refinancing with mortgage programs under the 
National Housing Act.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 22, 2015.
    Reason Waived: The waiver was necessary to effectuate the 
Federal Financing Bank

[[Page 79085]]

(FFB) Risk Sharing Initiative between Housing and Urban Development 
and the Treasury Department/FFB announced in Fiscal Year 2014. The 
waiver is consistent with changes Multifamily is seeking now to the 
regulation and as previously approved in March 2015 for the first 11 
HFAs participating in the Initiative. Under this Initiative, FFB 
provides capital to participating Housing Finance Agencies (HFAs) to 
make multifamily loans insured under the FHA Multifamily Risk 
Sharing Program.
    Contact: 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. 
Minnesota Housing Finance Agency (MHFA).
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(d) 
allows projects receiving project-based assistance under section 8 
of the U.S. Housing Act of 1937 or other rental subsidies to be 
incurred only if the mortgage does not exceed an amount supportable 
by the lower of the unit rents being or to be collected under the 
rental assistance agreement or the unit rents being collected at 
unassisted projects in the market that are similar in amenities and 
location to the project. For refinancing of Section 202 projects, 
and for Public Housing Authority (PHA) projects converting to 
Section 8 through RAD, the Department permitted MHFA to underwrite 
the financing using current or to be adjusted project-based Section 
8 assisted rents, even though they exceed the market rates. This is 
consistent with HUD Housing Notice 04-21, ``Amendments to Notice 02-
16: Underwriting Guidelines for Refinancing of Section 202, and 
Section 202/8 Direct Loan Repayments'', which grants authority only 
to those lenders refinancing with mortgage programs under the 
National Housing Act.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 22, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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. Housing Opportunities 
Commission (HOC) of Montgomery County, Maryland.
    Nature of Requirement: HUD's regulation at 24 CFR 266.620(e) 
requires termination of the Contract of Insurance if the HFA or its 
successors commit fraud or make a material misrepresentation to the 
Commissioner with respect to information culminating in the Contract 
of Insurance on the mortgage or while the Contract of Insurance is 
in existence. As required by the Initiative, Housing Opportunities 
Commission (HOC) of Montgomery County, Maryland agreed to indemnify 
HUD for all amounts paid to FFB if ``the HFA or its successors 
commit fraud, or make a material misrepresentation to the 
Commissioner with respect to information culminating in the Contract 
of Insurance on the mortgage, or while the Contract of Insurance is 
in existence''. Only Level I HFAs are eligible for FFB financing, 
thereby ensuring the HFA maintains financial capacity to perform 
under the indemnification agreement.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: August 26, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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. Minnesota Housing 
Finance Agency (MHFA).
    Nature of Requirement: HUD's regulation at 24 CFR 266.620(e) 
requires termination of the Contract of Insurance if the HFA or its 
successors commit fraud or make a material misrepresentation to the 
Commissioner with respect to information culminating in the Contract 
of Insurance on the mortgage or while the Contract of Insurance is 
in existence. As required by the Initiative, Minnesota Housing 
Finance Agency agrees to indemnify or otherwise reimburse HUD in a 
manner acceptable to the Commissioner for all amounts paid to FFB if 
``the HFA or its successors commit fraud, or make a material 
misrepresentation to the Commissioner with respect to information 
culminating in the Contract of Insurance on the mortgage, or while 
the Contract of Insurance is in existence''. MHFA is not permitted 
to indemnify HUD under current Minnesota law, and provided an 
opinion letter from its Office of the Attorney General to that 
effect. However, MHFA agrees to reimburse HUD for amounts paid by 
HUD to FFB. In addition, MHFA will pay HUD any related costs and 
collection fees as ordered by a court of competent jurisdiction.
    Only Level I HFAs are eligible for FFB financing, thereby 
ensuring the HFA maintains financial capacity to perform under the 
indemnification agreement.
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 22, 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. The waiver is consistent with changes Multifamily 
is seeking now to the regulation and as previously approved in March 
2015 for the first 11 HFAs participating in the Initiative. Under 
this Initiative, FFB provides capital to participating Housing 
Finance Agencies (HFAs) to make multifamily loans insured under the 
FHA Multifamily Risk Sharing Program.
    Contact: 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(g).
    Project/Activity: California Housing Finance Agency (CalHFA), 
Ocean View Senior Apartments, Pacifica, California.
    Nature of Requirement: HUD's regulation at 24 CFR 266.200(g) 
defines an Elderly Project as ``Projects or parts of projects 
specifically designed for the use and occupancy by elderly 
families.'' This regulatory section also provides that ``An elderly 
family means any household where the head or spouse is 62 years of 
age or older, and also and single person who is 62 years of age or 
older.''
    Granted by: Edward T. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 29, 2015.
    Reason Waived: Ocean View Apartment is an existing 100-unit 
senior housing apartment community located in Pacifica, California, 
constructed in 1973. Originally financed by a HUD mortgage and 
operated as affordable senior housing, the former owner prepaid the 
mortgage in 2000 and had plans to displace resident and convert the 
Project to market rate housing. CalHFA has asked to be allowed to 
finance the Project under the Risk Sharing Program restricted to 
elderly families as defined in the Risk Sharing regulation, with an 
exception for the approximately 20 existing underage households who 
currently reside in the Project. In order to protect these low-
income households from being forced to relocate, CalHFA sites the 
Francisco Bay Area as the

[[Page 79086]]

extraordinarily high cost area to live with few other affordable 
senior communities where these underage low-income residents might 
find housing. CalHFA has requested that they be permitted to remain 
in residence at the Project. As these younger households move out, 
or their members become 62, all units will be occupied by a head of 
household age 62 or older, but not prohibit occupancy based 
exclusively on age by other family members less than age 62, 
including children under age 18 in accordance with the requirements 
of 24CFR Part 266.
    Contact: Theodore K. Toon, Director, FHA Multifamily Production, 
Office of Multifamily Housing Programs, Office of Production, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6134, Washington, DC 20410, telephone (202) 402-8386.

     Regulation: 24 CFR 891.165.
    Project/Activity: Pollywog Creek Senior Housing, Labelle, FL, 
Project Number: 066-EE120/FL29-S101-006.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: July 2, 2015.
    Reason Waived: Delays occurred due to issues with the sale of 
the land, amendment of some easements through several governmental 
entities, and additional time is needed for the project to initially 
close.
    Contact: Alicia Anderson, Director, 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 891.165.
    Project/Activity: Montclair 4, Montclair, CA, Project Number: 
143-HD018/CA43-Q091-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: July 2, 2015.
    Reason Waived: Additional time was needed for review of the 
closing documents, the Office of General Counsel to schedule the 
closing, and for the project to achieve an initial closing.
    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 891.100(d).
    Project/Activity:Jefferson Commons, New London, CT, Project 
Number: 017-HD047/CT26-Q101-001;
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: July 14, 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 891.165.
    Project/Activity: H. Fletcher Brown, Wilmington, DE, Project 
Number: 032-EE024/DE26-S101-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 14, 2015.
    Reason Waived: Additional time was needed to begin the firm 
commitment application.
    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 891.165.
    Project/Activity: J. Michael Fitzgerald Apartments, Chicago, IL, 
Project Number: 071-EE255/IL06-S101-016.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    Date Granted: September 22, 2015.
    Reason Waived: Additional time was needed to process the firm 
commitment package for this mixed finance project.
    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, 
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.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Brown County Housing Authority (KS168).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 28, 2015.
    Reason Waived: The housing authority is a Section 8 only and 
nonprofit entity and its program year end and fiscal year end are 
not the same, which caused scheduling issues and adversely affected 
the timing of submission of the audited financial statement. On the 
basis of this information, the housing authority was granted until 
August 31, 2015 to complete and submit the audited financial 
statement.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW., 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Gary Housing Authority (IN011).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 10, 2015.
    Reason Waived: The housing authority requested a waiver of its 
audited financial data submission and the financial indicator 
scoring thresholds under the Public Housing Assessment System (PHAS) 
on the basis that its leadership has changed almost annually making 
it very difficult to timely meet deadlines. The housing authority 
advised that its newly hired Executive Director was working 
diligently to address the operational challenges of the housing 
authority and needed a little more time to complete and submit the 
financial statement.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW., 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 905.314.
    Project/Activity: Flint Housing Commission (FHC) requested a 
good cause waiver to transfer 35 percent of its 2015 Capital Fund 
Formula Grant into BLI 1406-Operations, in part to fund certain 
anticrime measures.
    Nature of Requirement: Public housing agencies (PHAs) may use 
Operating Funds for anticrime and antidrug activities, including 
costs of providing adequate security for public housing residents, 
including above-baseline service agreements. HUD's Fiscal Year 2015 
appropriations allows HUD, through waiver, to use Capital Funds for 
this Operating Fund activity. (See

[[Page 79087]]

Public Law 113-235, 128 Stat. 2130, approved December 16, 2015, at 
128 Stat. 2734-2735.)
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: June 16, 2015.
    Reason Waived: Flint Housing Commission's letter of May 2015 
included all the information provided by the Capital Fund Processing 
Guidance to make a good cause determination. Specifically, FHC 
requested $583, 513 to be transferred to Budget Line Item 1460 for 
Operations. FHC provided recent crime data at the developments and 
indicated the specific activities for which it plans to use the 
funds.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 4130, Washington, DC 20140, telephone (202) 402-4181.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: Housing Authority of the County of Los Angeles 
(HACoLA), Los Angeles, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) 
states that the public housing agency's (PHA) voucher payment 
standard schedule shall establish a single payment standard amount 
for each unit size. For each unit size, the PHA may establish a 
single payment standard amount for the whole fair market rent (FMR) 
area, or may establish a separate payment standard amount for each 
designated part of the FMR area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 2, 2015.
    Reason Waived: HACLA sought to establish a different payment 
standard schedule at 110 percent of the FMR for participants in its 
HUD-VASH program because HUD-VASH families are traditionally more 
difficult to house and affordable housing is in short supply.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA), Los Angeles, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) 
states that the PHA's voucher payment standard schedule shall 
establish a single payment standard amount for each unit size. For 
each unit size, the PHA may establish a single payment standard 
amount for the whole fair market rent (FMR) area, or may establish a 
separate payment standard amount for each designated part of the FMR 
area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: HACLA sought to establish a different payment 
standard schedule at 120 percent of the 2015 FMRs for participants 
in its HUD-VASH program because HUD-VASH families are traditionally 
more difficult to house and affordable housing is in short supply.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: Home Forward (HF), Portland, OR.
    Nature of Requirement: HUD's regulation at 4 CFR 982.503(a)(3) 
states that the public housing agency's (PHA) voucher payment 
standard schedule shall establish a single payment standard amount 
for each unit size. For each unit size, the PHA may establish a 
single payment standard amount for the whole fair market rent (FMR) 
area, or may establish a separate payment standard amount for each 
designated part of the FMR area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: HF sought to establish a different payment 
standard schedule at 120 percent of the 2015 FMRs for participants 
in its HUD-VASH program because HUD-VASH families are traditionally 
more difficult to house and affordable housing is in short supply.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: Linn-Benton Housing Authority (LBHA), Albany, 
OR.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) 
states that the public housing agency's (PHA) voucher payment 
standard schedule shall establish a single payment standard amount 
for each unit size. For each unit size, the PHA may establish a 
single payment standard amount for the whole fair market rent (FMR) 
area, or may establish a separate payment standard amount for each 
designated part of the FMR area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 12, 2015.
    Reason Waived: LBHA sought to establish a different payment 
standard schedule at 120 percent of the 2015 FMRs for participants 
in its HUD-VASH program because HUD-VASH families are traditionally 
more difficult to house and affordable housing is in short supply.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) 
states that the public housing agency's (PHA) voucher payment 
standard schedule shall establish a single payment standard amount 
for each unit size. For each unit size, the PHA may establish a 
single payment standard amount for the whole fair market rent (FMR) 
area, or may establish a separate payment standard amount for each 
designated part of the FMR area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 13, 2015.
    Reason Waived: SFHA sought to establish a different payment 
standard schedule at 120 percent of the 50th percentile 2015 FMRs 
for participants in its HUD-VASH program occupying single-room 
occupancy, zero-, and one-bedroom units and 100 percent of the 50th 
percentile FMRs for all other bedroom sizes because HUD-VASH 
families are traditionally more difficult to house and affordable 
housing in the unit sizes noted above are in short supply.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(a)(3).
    Project/Activity: Fort Collins Housing Authority (FCHA), Fort 
Collins, CO.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) 
states that the public housing agency's (PHA) voucher payment 
standard schedule shall establish a single payment standard amount 
for each unit size. For each unit size, the PHA may establish a 
single payment standard amount for the whole fair market rent (FMR) 
area, or may establish a separate payment standard amount for each 
designated part of the FMR area.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 16, 2015.
    Reason Waived: FCHA sought to establish a different payment 
standard schedule at 120 percent of the 50th percentile 2015 FMRs 
for participants in its HUD-VASH program occupying one- and two-
bedroom units since these units are traditionally more difficult to 
find.
    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).

[[Page 79088]]

    Project/Activity: Bellingham/Whatcom County Housing Authorities 
(BWCHA), Bellingham, WA.
    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 Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 28, 2015.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to move to a 
new unit where 24-hour services and care givers are provided. To 
provide this reasonable accommodation so that the client could move 
to this new unit and pay no more than 40 percent of his adjusted 
income toward the family share, the BWCHA 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: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 29, 2015.
    Reason Waived: The applicant, who was a homeless veteran with 
disabilities, required an exception payment standard to move to a 
unit that met his needs. To provide this reasonable accommodation so 
that the client could move into this current unit and pay no more 
than 40 percent of his adjusted income toward the family share, the 
SFHA 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her current unit that meets her needs without becoming rent 
burdened. To provide this reasonable accommodation so that the 
client could remain in 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her current unit that meets her needs without becoming rent 
burdened. To provide this reasonable accommodation so that the 
client could remain in 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her current unit that meets her needs without becoming rent 
burdened. To provide this reasonable accommodation so that the 
client could remain in 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: City of Roseville Housing Authority (CRHA), 
Roseville, 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 2015.
    Reason Waived: The participant, who is disabled, required an 
exception payment standard to remain in his unit without being rent 
burdened. To provide this reasonable accommodation so that the 
client could remain in his current unit and pay no more than 40 
percent of adjusted income toward the family share, CRHA 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 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 without becoming rent 
burdened. To provide this reasonable accommodation so that the 
client

[[Page 79089]]

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: 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 4, 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 without becoming rent 
burdened. 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: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) 
states that a public housing agency may only approve a higher 
payment standard for a family as a reasonable accommodation if the 
higher payment standard is within the basic range of 90 to 110 
percent of the fair market rent (FMR) for the unit size.
    Granted By: Lourdes Castro Ramirez, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: August 12, 2015.
    Reason Waived: The applicant, who was a homeless veteran with 
disabilities, required an exception payment standard to move to a 
unit that met his needs. To provide this reasonable accommodation so 
that the client could move to this current unit and pay no more than 
40 percent of his adjusted income toward the family share, the SFHA 
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: Colorado Department of Local Affairs (CDLA), 
Denver, 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 15, 2015.
    Reason Waived: A voucher applicant, who is a person with 
disabilities, required an exception payment standard to move to 
accessible unit that met her needs. To provide this reasonable 
accommodation so that the applicant could move to this unit and pay 
no more than 40 percent of her adjusted income toward the family 
share, the CDLA 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: Mohave County Housing Authority (MCHA), 
Kingman, AZ.
    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 Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 15, 2015.
    Reason Waived: A voucher applicant, who is a person with 
disabilities, required an exception payment standard to move to a 
unit that met his needs. To provide this reasonable accommodation so 
that the applicant could move to this unit and pay no more than 40 
percent of her adjusted income toward the family share, the CDLA 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 16, 2015.
    Reason Waived: The participant, who is a person with 
disabilities, required an exception payment standard to remain in 
her current unit that meets her needs without becoming rent 
burdened. To provide this reasonable accommodation so that the 
client could remain in 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: Colorado Department of Local Affairs (CDLA), 
Denver, 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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 16, 2015.
    Reason Waived: A voucher applicant, who is a person with 
disabilities, required an exception payment standard to move to a 
unit that met her needs. To provide this reasonable accommodation so 
that the applicant could move to this unit and pay no more than 40 
percent of her adjusted income toward the family share, the CDLA 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 983.55(b).
    Project/Activity: Lincoln Housing Authority (LHA), Lincoln, NE.
    Nature of Requirement: HUD's regulation at 24 CFR 983.55(b) 
states that the PHA may not enter an Agreement or HAP contract until 
HUD or an independent entity approved by HUD has conducted any 
required subsidy

[[Page 79090]]

layering review and determined that the project-based voucher 
assistance is in accordance with HUD subsidy layering requirements.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 12, 2015.
    Reason Waived: This waiver was granted to facilitate the start 
of construction for this veterans project and to avoid the recapture 
of funds awarded. The LHA was permitted to execute an Agreement 
prior to the completion of a subsidy layering review, but no 
vertical construction could begin until this review was completed.
    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 985.101(a).
    Project/Activity: Beckville Housing Authority (BHA), Beckville, 
TX.
    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 Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 20, 2015.
    Reason Waived: This waiver was granted because for the BHA's 
fiscal year ending September 30, 2014. The executive director was 
not appointed to serve until the latter part of November 2014 and 
did not receive rights to enter data into IMS/PIC prior to the 
deadline. At the time of the appointment, no one else had rights to 
transmit SEMAP certifications.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 4216, Washington, DC, 
20410, telephone (202) 708-0477.

[FR Doc. 2015-31874 Filed 12-17-15; 8:45 am]
 BILLING CODE 4210-67-P