Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2016, 15532-15539 [2017-06198]
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15532
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for additional information. You may
contact the Records Management
Division for copies of the proposed
collection of information at email
address: FEMA-Information-CollectionsManagement@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: Under
Section 653 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 U.S.C.
5121 et seq., FEMA is authorized to
provide assistance to States based on
needs before, during, and after a disaster
has impacted the State. For a major
disaster, the Stafford Act authorizes
FEMA to direct any agency to utilize its
existing authorities and resources in
support of State and local assistance
response and recovery efforts. See 42
U.S.C. 5170(a)(1). For an emergency, the
Stafford Act authorizes FEMA to direct
any agency to utilize its existing
authorities and resources in support of
State and local emergency assistance
efforts. See 42 U.S.C. 5192(a)(1). FEMA
may task other Federal agencies to assist
during disasters and to support
emergency efforts by State and local
governments by issuing a mission
assignment to the appropriate agency.
See 44 CFR 206.5, 206.208. FEMA
collects the information necessary to
determine what resources are needed
and if a mission assignment is
appropriate. The information collected
explains which State(s) require
assistance, what needs to be
accomplished, details any resource
shortfalls, and explains what assistance
is required to meet these needs.
Collection of Information
Title: Request for Federal Assistance
Form—How to Process Mission
Assignments in Federal Disaster
Operations.
Type of Information Collection:
Revision of a currently approved
information collection.
OMB Number: 1660–0047.
FEMA Forms: FEMA Form 010–0–7,
Resource Request Form; FEMA Form
010–0–8, Mission Assignment.
Abstract: If a State determines that its
capacity to respond to a disaster exceeds
its available resources, it may submit to
FEMA a request that the work be
accomplished by a Federal agency. This
request documents how the response
requirements exceed the capacity for the
State to respond to the situation on its
own and what type of assistance is
required. FEMA reviews this
information and may issue a mission
assignment to the appropriate Federal
agency to assist the State in its response
to the situation.
Affected Public: State, local or Tribal
Government.
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Number of Respondents: 10.
Number of Responses: 12,820.
Estimated Total Annual Burden
Hours: 4,426 hours.
Estimated Cost: The estimated annual
cost to respondents for the hour burden
is $301,056.52. There are no annual
costs to respondents operations and
maintenance costs for technical
services. There is no annual start-up or
capital costs. The cost to the Federal
Government is $28,309.28.
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 October
1, 2016, and ending on December 31,
2016.
For
general information about this notice,
contact Ariel Pereira, Associate General
Counsel for Legislation and Regulations,
Department of Housing and Urban
Development, 451 7th Street SW., Room
Comments
10282, Washington, DC 20410–0500,
Comments may be submitted as
telephone 202–708–3055 (this is not a
indicated in the ADDRESSES caption
toll-free number). Persons with hearingabove. Comments are solicited to (a)
or speech-impairments may access this
evaluate whether the proposed data
number through TTY by calling the tollcollection is necessary for the proper
free Federal Relay Service at 800–877–
performance of the agency, including
8339.
whether the information shall have
For information concerning a
practical utility; (b) evaluate the
particular waiver that was granted and
accuracy of the agency’s estimate of the
for which public notice is provided in
burden of the proposed collection of
this document, contact the person
information, including the validity of
whose name and address follow the
the methodology and assumptions used; description of the waiver granted in the
(c) enhance the quality, utility, and
accompanying list of waivers that have
clarity of the information to be
been granted in the fourth quarter of
collected; and (d) minimize the burden
calendar year 2016.
of the collection of information on those
SUPPLEMENTARY INFORMATION: Section
who are to respond, including through
106 of the HUD Reform Act added a
the use of appropriate automated,
new section 7(q) to the Department of
electronic, mechanical, or other
Housing and Urban Development Act
technological collection techniques or
(42 U.S.C. 3535(q)), which provides
other forms of information technology,
e.g., permitting electronic submission of that:
1. Any waiver of a regulation must be
responses.
in writing and must specify the grounds
Dated: March 22, 2017.
for approving the waiver;
Tammi Hines
2. Authority to approve a waiver of a
Acting, Records Management Program Chief,
regulation may be delegated by the
Mission Support, Federal Emergency
Secretary only to an individual of
Management Agency, Department of
Assistant Secretary or equivalent rank,
Homeland Security.
and the person to whom authority to
[FR Doc. 2017–06184 Filed 3–28–17; 8:45 am]
waive is delegated must also have
BILLING CODE 9111–24–P
authority to issue the particular
regulation to be waived;
3. Not less than quarterly, the
Secretary must notify the public of all
DEPARTMENT OF HOUSING AND
waivers of regulations that HUD has
URBAN DEVELOPMENT
approved, by publishing a notice in the
[Docket No. FR–5946–N–04]
Federal Register. These notices (each
covering the period since the most
Notice of Regulatory Waiver Requests
recent previous notification) shall:
Granted for the Fourth Quarter of
a. Identify the project, activity, or
Calendar Year 2016
undertaking involved;
AGENCY: Office of the General Counsel,
b. Describe the nature of the provision
HUD.
waived and the designation of the
provision;
ACTION: Notice.
c. Indicate the name and title of the
SUMMARY: Section 106 of the Department person who granted the waiver request;
of Housing and Urban Development
d. Describe briefly the grounds for
Reform Act of 1989 (the HUD Reform
approval of the request; and
Act) requires HUD to publish quarterly
e. State how additional information
Federal Register notices of all
about a particular waiver may be
regulatory waivers that HUD has
obtained.
Section 106 of the HUD Reform Act
approved. Each notice covers the
also contains requirements applicable to
quarterly period since the previous
Federal Register notice. The purpose of waivers of HUD handbook provisions
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FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
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
October 1, 2016 through December 31,
2016. For ease of reference, the waivers
granted by HUD are listed by HUD
program office (for example, the Office
of Community Planning and
Development, the Office of Housing,
and the Office of Public and Indian
Housing, etc.). Within each program
office grouping, the waivers are listed
sequentially by the regulatory section of
title 24 of the Code of Federal
Regulations (CFR) that is being waived.
For example, a waiver of a provision in
24 CFR part 58 would be listed before
a waiver of a provision in 24 CFR part
570.
Where more than one regulatory
provision is involved in the grant of a
particular waiver request, the action is
listed under the section number of the
first regulatory requirement that appears
in 24 CFR and that is being waived. For
example, a waiver of both § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are in
time sequence beginning with the
earliest-dated regulatory waiver.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the fourth quarter of calendar year
2016) before the next report is published
(the first quarter of calendar year 2017),
HUD will include any additional
waivers granted for the fourth quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
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Dated: March 24, 2017.
Ariel Pereira,
Associate General Counsel for Legislation and
Regulations.
Appendix—
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development October 1, 2016 Through
December 31, 2016
Note to Reader: More information about
the granting of these waivers, including a
copy of the waiver request and approval, may
be obtained by contacting the person whose
name is listed as the contact person directly
after each set of regulatory waivers granted.
The regulatory waivers granted appear in
the following order:
I. Regulatory waivers granted by the Office of
Community Planning and Development.
II. Regulatory waivers granted by the Office
of 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 91.105(c)(2).
Project/Activity: Lafayette, LA.
Nature of Requirement: The regulation at
24 CFR 91.105(c)(2) requires a 30-day public
comment period prior to the implementation
of a substantial amendment to a grantee’s
consolidated plan.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: December 6, 2016.
Reason Waived: Lafayette, LA City-Parish
was affected by severe flooding August 11–
31, 2016, causing substantial property
damage. A Presidentially-declared disaster
declaration (FEMA–DR–4277) was initially
issued on August 14, 2016. Amendment No.
1 issued on August 16, 2016, included
multiple, additional parishes, including
Lafayette Parish, that were adversely affected
by the severe storms and flooding that
occurred for the effective period of August
11–31, 2016. The waiver was issued to
reduce the required comment period to seven
days to allow the City-Parish to expedite
recovery efforts for low and moderate income
residents affected by the flooding.
Contact: Steve Johnson, Director,
Entitlement Communities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street SW., Room
7282, Washington, DC 20410, telephone (202)
402–4548.
• Regulation: 24 CFR 91.105(c)(2), 24 CFR
570.201(e)(1), and 24 CFR 570.207(b)(3).
Project/Activity: Baton Rouge, LA.
Nature of Requirement: The regulations at
24 CFR 91.105(c)(2), 24 CFR 570.201(e)(1),
and 24 CFR 570.207(b)(3) require a 30-day
public comment period prior to the
implementation of a substantial amendment
to a grantee’s consolidated plan, limit the
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amount of CDBG funds used for public
services to no more than 15 percent of each
grant, and prohibit CDBG grantees from
carrying out new construction of housing,
respectively.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: December 6, 2016.
Reason Waived: Baton Rouge, LA CityParish was affected by severe flooding
August 11–31, 2016, causing substantial
property damage. A Presidentially-declared
disaster declaration (FEMA–DR–4277) was
initially issued on August 14, 2016. The
declaration covers the severe storms and
flooding that occurred for the effective period
of August 11–31, 2016. These waivers, and
accompanying statutory suspensions under
Section 122 of the Housing and Community
Development Act of 1974, were granted to
allow Baton Rouge to expedite recovery
efforts for low and moderate income
residents affected by the flooding by reducing
the required public comment period to seven
days; pay for additional support services for
affected individuals and families, including,
but not limited to, food, health, employment,
and case management services to help county
residents impacted by the flooding; and
allow grantees to use their CDBG funds for
new housing construction to replace
affordable housing units lost as a result of the
storms and flooding.
Contact: Steve Johnson, Director,
Entitlement Communities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street SW., Room
7282, Washington, DC 20410, telephone (202)
402–4548.
• Regulation: 24 CFR 570.200(h).
Project/Activity: On December 15, 2016,
HUD issued CPD Notice #CPD–16–18
implementing procedures to govern the
submission and review of consolidated plans
and action plans for FY 2017 funding prior
to the enactment of a FY 2017 HUD
appropriation bill. These procedures apply to
any Entitlement, Insular or Hawaii
nonentitlement grantee with a program year
start date prior to, or up to 60 days after,
HUD’s announcement of the FY 2017 formula
program funding allocations for CDBG, ESG,
HOME and HOPWA formula funding.
Nature of Requirement: The Entitlement
CDBG program regulation at 24 CFR
570.200(h) authorizes a grantee to incur costs
against its CDBG grant prior to the effective
date of its grant agreement with HUD. Under
this regulation, the effective date of a
grantee’s grant agreement is either the
grantee’s program year start date or the date
that the grantee’s consolidated plan/action
plan is received by HUD, whichever is later.
This waiver was issued to the extent
necessary to treat the effective date of a
grantee’s grant agreement as the grantee’s
program year start date or date or the date
that the grantee’s consolidated plan/action
plan is received by HUD, whichever is
earlier.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: December 15, 2016, for effect
on October 14, 2015.
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Reason Waived: Under the provisions of
the Notice, a grantee’s consolidated plan/
action plan may not be submitted to (and
thus received by) HUD until several months
after the grantee’s program year start date.
Lengthy delays in the enactment of FY 2017
appropriations for the Department, and
implementation of the policy to delay
submission of FY 2017 Action Plans, may
have negative consequences for CDBG
grantees that intend to incur eligible costs
prior to the award of FY 2017 funding. Some
activities might otherwise be interrupted
while implementing these revised
procedures. In addition, grantees might not
otherwise be able to use CDBG funds for
planning and administrative costs of
administering their programs. In order to
address communities’ needs and to ensure
that programs can continue without
disturbance, this waiver was issued to allow
grantees to incur pre-award costs on a
timetable comparable to that under which
grantees have operated in past years. This
waiver is available for use by any applicable
CDBG grantee whose action plan submission
is delayed past the normal submission date
because of delayed enactment of FY 2017
appropriations for the Department. This
waiver authority is only in effect until
August 16, 2017.
Contact: Steve Johnson, Director,
Entitlement Communities Division, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street SW., Room
7282, Washington, DC 20410, telephone (202)
402–4548.
• Regulation: 24 CFR 576.403 and 24 CFR
576.106.
Project/Activity: State of Texas.
Nature of Requirement: 24 CFR 576.403(c)
states that Emergency Solutions Grants (ESG)
funds cannot be used to assist participants
living in, or moving into, housing that does
not meet Minimum Habitability Standards.
24 CFR 576.106(d) prevents ESG rental
assistance funds from being used to provide
rental assistance in a unit that exceeds HUD
determined Fair Market Rent(FMR).
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development (CPD).
Date Granted: November 21, 2016.
Reason Waived: HUD granted a limited,
conditional waiver of 24 CFR 576.403(c) to
allow subrecipients to provide the legal
services necessary to prevent eviction and/or
obtain the necessary repairs to bring program
participants’ units up to the required
standards and stabilize them in their
housing. In addition, because the state
provided sufficient documentation of its
subrecipients inability to provide adequate
ESG rental assistance in units at or below
FMR, HUD waived 24 CFR 576.106(d)(1) to
allow subrecipients in certain areas to
provide ESG rental assistance for units with
rents up to the payment standard adopted by
the applicable PHA.
Contact: Shirley J. Henley, Director, Office
or Community Planning and Development,
Department of Housing and Urban
Development, 801 Cherry Street, Unit 45
Suite 2500, Room 2884, Fort Worth, TX
76102, telephone (817) 978–5951.
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• Regulation: CPD Notice 14–10.
Project/Activity: Langworthy Field,
Hopkinton, Rhode Island.
Nature of Requirement: This notice sets
forth the transition from the use of the
Decennial Census data to the American
Communities Survey data by the Department
and provides specific implementation
guidance for State Community Development
Block Grant program participants in doing so.
This notice has an effective date for which
this transition must occur for program
participants.
Granted By: Harriet Tregoning, Principal
Assistant Secretary for Community Planning
and Development.
Date Granted: December 8, 2016.
Reason Waived: The Langworthy Field
project has been funded out of multiple years
funding and in order to finalize the project
and comply with the area benefit national
objective for the State Community
Development Block Grant Program, the
effective date of CPD Notice 14–10 needed to
be waived and a new effective date be
established, for this activity only, so that it
may be completed.
¨
Contact: James Hoemann, Deputy Director,
Office of State and Small Cities Division,
Department of Housing and Urban
Development, 451 7th Street SW., Room
7184, Washington, DC 20410, telephone (202)
402–5716.
II. Regulatory Waivers Granted by the Office
of Housing—Federal Housing
Administration (FHA)
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 219.220(b).
Project/Activity: Leigh Johnson
Apartments, FHA Project Number 071–
44087T, Chicago, Illinois. 73rd & Dobson
Housing Corporation (Owner) seeks approval
to defer repayment of the Flexible Subsidy
Operating Assistance Loan on the subject
project.
Nature of Requirement: The regulation at
24 CFR 219.220(b) (1995), which governs the
repayment of operating assistance provided
under the Flexible Subsidy Program for
Troubled Properties, states ‘‘Assistance that
has been paid to a project owner under this
subpart must be repaid at the earlier of the
expiration of the term of the mortgage,
termination of mortgage insurance,
prepayment of the mortgage, or a sale of the
project.’’
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: November 3, 2016.
Reason Waived: The owner requested and
was granted a waiver of the requirement to
repay the Flexible Subsidy Operating
Assistance Loan in full when it became due.
Deferring the loan payment will preserve this
affordable housing resource for an additional
20 years through the execution and
recordation of a Rental Use Agreement.
Contact: Marilynne Hutchins, Senior
Account Executive, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6174, Washington, DC 20410, telephone (202)
402–4323.
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• Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Substantial
Rehabilitation, New York State Housing
(NYCHDC). Waivers of certain provisions of
the Risk Sharing Program regulations for 14
projects utilizing the Federal Financing Bank
(FFB) Risk Sharing Initiative in calendar year
2016.
Nature of Requirement: The 24 CFR part
266.200(b)(2) Substantial Rehabilitation. The
Department will permit the revised definition
of substantial rehabilitation (S/R) in the
revised MAP Guide published on January 29,
2016, such that S/R is: Any scope of work
that either: (a) Exceeds in aggregate cost a
sum equal to the ‘base per dwelling unit
limit’ times the applicable High Cost Factor,
or (b) Replacement of two or more building
systems. ‘Replacement’ is when the cost of
replacement work exceeds 50 percent of the
cost of replacing the entire system. The 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.
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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
approval and execution of the FFB Risk
Sharing Agreement will facilitate the
expansion of the program to increase the
supply of affordable rental housing and to
assist in the preservation of existing of rental
housing. Under this Initiative, FFB provides
capital to participating Housing Finance
Agencies (HFAs) to make multifamily loans
insured under the FHA Multifamily Risk
Sharing Program.
Contact: Daniel J. Sullivan, Acting
Director, Office of Multifamily Production,
Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW.,
Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
• Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Equity TakeOuts. New York State Housing Finance
Agency (NYSHFA). Waivers of certain
provisions of the Risk Sharing Program
regulations for 14 projects utilizing the
Federal Financing Bank (FFB) Risk Sharing
Initiative in calendar year 2016.
Nature of Requirement: 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;
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4. A Property Capital Needs Assessment
(PCNA) must be performed and funds
escrowed for all necessary repairs, and
reserves funded for future capital needs; and
5. For projects subsidized by Section 8
Housing Assistance Payment (HAP)
contracts:
a. Owner agrees to renew HAP contract(s)
for 20-year term, (subject to appropriations
and statutory authorization, etc.,), and
b. In accordance with regulations found in
24 CFR 883.306(e), and Housing Notice
2012–14—Use of ‘‘New Regulation’’ Section
8 Housing Assistance Payments (HAP)
Contracts Residual Receipts of Offset ProjectBased Section 8 Housing Assistance
Payments, if at any time NYSHFA determines
that a project’s excess funds (surplus cash)
after project operations, reserve requirements
and permitted distributions are met,
NYSHFA must place the excess funds into a
separate interest-bearing account. Upon
renewal of a HAP Contract the excess funds
can be used to reduce future HAP payments
or other project operations/purposes. When
the HAP Contract expires, is terminated, or
any extensions are terminated, any unused
funds remaining in the Residual Receipt
Account at the time of the contract’s
termination must be returned to HUD.
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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
approval and execution of the FFB Risk
Sharing Agreement will facilitate the
expansion of the program to increase the
supply of affordable rental housing and to
assist in the preservation of existing of rental
housing. Under this Initiative, FFB provides
capital to participating Housing Finance
Agencies (HFAs) to make multifamily loans
insured under the FHA Multifamily Risk
Sharing Program.
Contact: Daniel J. Sullivan, Acting
Director, Office of Multifamily Production,
Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW.,
Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
• Regulation: 24 CFR 266.410(e).
Project/Activity: New York State Housing
Finance Agency (NYSHFA), an approved
Section 542(c) Housing Finance Agency Risk
Sharing Program participant under the
authority of Section 542(c), and
implementing regulations under 24 CFR part
266, requested a waiver of 24 CFR Section
266.410(e), which requires insured mortgages
to be fully amortized over the term of the
mortgage. The waiver request was for Ocean
Bay Apartments, a 1,400-unit public housing
conversion in Arvene, New York, which is
utilizing the Rental Assistance
Demonstration (RAD) Program. All units are
affordable in the property. The property
suffered severe losses resulting from
Superstorm Sandy, and has been operating
with temporary heating equipment since that
time. The waiver of the requirement would
permit the HFA to structure the loan with a
40-year amortization with a term of 35 years.
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In addition, NYSHFA has elected to use a
Level II risk level (90–10) with an insured
risk share mortgage of $92 million.
Nature of Requirement: Section 266.410(e)
governs the amortization, which the mortgage
must provide for complete amortization (i.e.,
regularly amortizing over the term of the
mortgage).
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: December 29, 2016.
Reason Waived: New York State Housing
Finance Agency requested and was granted
waiver of the requirement for Ocean Bay
Apartments in order to fulfil the Firm
Commitment condition issued on November
22, 2016, which required an approval of the
waiver or it would become null and void.
The approval of the waiver for a longer
amortization period ensured that the RAD
project can both be financed and meet
required debt service coverage ratios. In
addition, granting the waiver helped preserve
affordable housing and furthered Superstorm
Sandy rehabilitation efforts. Therefore, under
the authority of 24 CFR 5.110, HUD waived
24 CFR 266.410(e) to permit a 35-year term
with a 40-year amortization for Ocean Bay
Apartment. The waiver approval is subject to
the following conditions: (1) Accordance
with 24 CFR 266.200(d), the mortgage may
not exceed an amount supportable by the
lower of Section 8 or comparable unassisted
market rents; (2) occupancy is no less than
93 percent for previous 12 months; (3) no
default in the last 12 months of the HFA loan
to be refinanced; (4) Due to the project being
subsidized by Section 8 Housing Assistance
Payment (HAP) contracts: (a) Owner agrees to
renew HAP contract for 20-year term, (subject
to appropriations and statutory authorization,
etc.) and the project excess funds (surplus
cash) shall be held or disbursed in
accordance with the RAD Program
requirements pursuant to Notice PIH 2012–
32 (HA) REV–2.
Contact: Donald Billingsley, Acting
Director, Program Administration Division,
Office of Multifamily Production, Office of
Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room
6142, Washington, DC 20410, telephone (202)
402–7125.
• Regulation: 24 CFR 266.410(e).
Project/Activity: Rhode Island Housing and
Mortgage Finance Corporation, an approved
Section 542(c) Housing Finance Agency Risk
Sharing Program participant under the
authority of Section 542(c) and implementing
regulations under 24 CFR part 266 requested
a waiver of 24 CFR Section 266.410(e), which
requires mortgages insured to be fully
amortized over the term of the mortgage. The
waiver of the requirement would permit the
HFA to provide loans for three preservation
transactions that would amortize over 30 to
40 years, but mature within 17 to 25 years
to go into effect on November 1, 2016 for a
one-year period.
Nature of Requirement: Section 266.410(e)
governs the amortization, which the mortgage
must provide for complete amortization (i.e.,
regularly amortizing over the term of the
mortgage).
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
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15535
Date Granted: November 23, 2016 (original
waiver); December 29, 2016 (amended
waiver).
Reason Waived: Rhode Island Housing and
Mortgage Finance Corporation requested and
was originally granted waiver of the
requirement in order to provide flexibility for
three preservation projects in the
organization’s portfolio that do not meet the
requirements of the 542(c) Risk Sharing
Initiative Program. Therefore, under the
authority of 24 CFR 5.110, HUD waived 24
CFR 266.410(e) to permit a term as short as
17 years to 25 years (‘‘Balloon Loans’’) for
three projects in the organization’s portfolio.
HUD amended the original waiver since
Rhode Island Housing and Mortgage Finance
Corporation requested that the provision
related to transactions being in the
organization’s portfolio be deleted from the
waiver approval. HUD approved the
amended waiver request which is subject to
the same conditions of the original approval:
(1) Rhode Island Housing and Mortgage
Finance Corporation must elect 50 percent or
more of the risk of loss on all transaction; (2)
the waiver is in effect from November 1, 2016
to November 1, 2017; (3) in accordance with
24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower
of Section 8 or comparable unassisted market
rents; (4) the HFA must comply with
regulations stated in 24 CFR 266.210 for
insured advance or insurance upon
completion transactions; (5) the projects must
comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225; (6) all other
requirements of CFR 24 266.410 remain
applicable and the waiver is only applicable
for substantial rehabilitation of three existing
loans in the HFA’s portfolio; and (7) all
affordable housing deed restriction for 20
years must be recorded.
Contact: Donald Billingsley, Acting
Director, Program Administration Division,
Office of Multifamily Production, Office of
Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room
6142, Washington, DC 20410–8000,
telephone: (202) 402–7125.
• Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Termination of
Mortgage Insurance. New York State Housing
Finance Agency (NYSHFA). Waivers of
certain provisions of the Risk Sharing
Program regulations for 14 projects utilizing
the Federal Financing Bank (FFB) Risk
Sharing Initiative in calendar year 2016.
Nature of Requirement: The 24CFR part
266.620(e) Termination of Mortgage
Insurance. As required by the Initiative, New
York State Housing Finance Agency
(NYSHFA) agrees 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. If the
HFA loses its ‘‘A’’ rating, HFA must post the
required reserve account as outlined in CFR
266.110(b)
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Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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
approval and execution of the FFB Risk
Sharing Agreement will facilitate the
expansion of the program to increase the
supply of affordable rental housing and to
assist in the preservation of existing of rental
housing. Under this Initiative, FFB provides
capital to participating Housing Finance
Agencies (HFAs) to make multifamily loans
insured under the FHA Multifamily Risk
Sharing Program.
Contact: Daniel J. Sullivan, Acting
Director, Office of Multifamily Production,
Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW.,
Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Miramar Court
Apartments, FHA Project Number 012–
57123V, Bronx, New York. LRF Housing
Associates, L.P. (Owner) seeks approval to
waive the non-competitive sale of a HUDheld multifamily mortgage.
Nature of Requirement: The regulation at
24 CFR 290.30(a), which governs the sale of
HUD-held mortgages, states that ‘‘[e]xcept as
otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily
mortgages on a competitive basis.’’
Granted by: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing, H
Date Granted: November 14, 2016.
Reason Waived: The owner requested and
was granted a waiver of the non-competitive
sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the
mortgage to the owner’s new mortgagee to
avoid paying mortgage recording tax in the
State of New York.
Contact: Cindy Bridges, Senior Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451 7th
Street SW., Room 6168, Washington, DC
20410, telephone (202) 402–2603.
• Regulation: 24 CFR 891.100(d).
Project/Activity: VOA Living Center of
Lake City, Lake City, FL, Project Number:
063–HD030/FL29–W101–004.
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.
Date Granted: November 18, 2016.
Reason Waived: The project is
economically designed and comparable in
cost to similar projects in the area, and the
sponsor/owner has 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 7th Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
• Regulation: 24 CFR 891.130(a).
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Project/Activity: Teaneck Senior Housing,
Teaneck, NJ, Project Number: 031–EE077/
NJ39–S091–004.
Nature of Requirement: Section 891.130(a)
prohibits Officers or Board members of either
the Sponsor or the Owners (or Borrowers, as
applicable) to have any financial interest in
any contract with the Owner or in any firm
which has a contract with the Owner. This
restriction applies as long as the individual
is serving on the Board and for a period of
three years following resignation or final
closing, whichever occurs later.
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: October 24, 2016.
Reason Waived: The integrity of the
Section 202 or Section 811 program is not
jeopardized and the service to be provided
would not otherwise be readily available.
They meet HUD requirements.
Contact: Alicia Anderson, Branch Chief,
Grants and New Funding, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
• Regulation: 24 CFR 891.165.
Project/Activity: VOA Living Center of
Lake City, Lake City, FL, Project Number:
063–HD030/FL29–Q101–004.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18months from the date of issuance with
limited exceptions up to 36 months, as
approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: December 13, 2016.
Reason Waived: Additional time was
needed to review the initial closing package.
Contact: Alicia Anderson, Branch Chief,
Grants and New Funding, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
• Regulation: 24 CFR 891.165.
Project/Activity: Rosa Parks II Senior
Housing, San Francisco, CA, Project Number:
121–EE225/CA39–S101–002.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18months from the date of issuance with
limited exceptions up to 36 months, as
approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal
Deputy Assistant Secretary for Housing.
Date Granted: December 28, 2016.
Reason Waived: Additional time was
needed for the Tax Credit Limited Partners to
pay the Owner its contributions in May 2017
for the construction loan.
Contact: Alicia Anderson, Branch Chief,
Grants and New Funding, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
6138, Washington, DC 20410, telephone (202)
402–5787.
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
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the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 982.503.
Project/Activity: Chattanooga Housing
Authority in Chattanooga, Tennessee,
requested a waiver of 24 CFR 982.503 so that
it could continue using Small Area Fair
Market Rents (SAFMR) beyond the end of the
demonstration period.
Nature of Requirement: 24 CFR 982.503
establishes the regulatory requirement for the
setting of payment standards and schedules
for the Housing Choice Voucher program.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 22, 2016.
Reason Waived: This regulation was
waived since without a waiver, the agency
would have to cease using SAFMRs which
had been in effect since October 2012 and
could present a hardship on families.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.503.
Project/Activity: Housing Authority of
Cook County in Chicago, Illinois, requested
a waiver of 24 CFR 982.503 so that it could
continue using Small Area Fair Market Rents
(SAFMR) beyond the end of the
demonstration period.
Nature of Requirement: 24 CFR 982.503
establishes the regulatory requirement for the
setting of payment standards and schedules
for the Housing Choice Voucher program.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 22, 2016.
Reason Waived: This regulation was
waived since without a waiver, the agency
would have to cease using SAFMRs which
had been in effect since October 2012 and
could present a hardship on families.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.503(a) and (c)(2).
Project/Activity: San Francisco Housing
Authority in San Francisco, California,
requested a waiver of these regulations so
that it could allow payment standards of 120
percent of the 2017 50th percentile fair
market rents for its HUD–VASH families.
Nature of Requirement: These regulations
limit the amount of exception payment
standards that may be established for the
public housing agency.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 21, 2016.
Reason Waived: Higher payment standards
were warranted since the utilization of HUD–
VASH vouchers was only 70 percent and the
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vacancy rate in San Francisco was less than
one percent.
Contact: Becky Primeaux, Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street SW., Room 4216, Washington, DC
20410, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing
Authority in Chicago, Illinois, requested a
waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: October 3, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: San Diego Housing
Commission in San Diego, California,
requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment
standard amount above 120 percent of the
fair market rents (FMR) as a reasonable
accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: October 11, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Orange County Housing
Authority in Santa Ana, California, requested
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Jkt 241001
a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 15, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing
Authority in Chicago, Illinois, requested a
waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 23, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Vermont State Housing
Authority in Montpelier, Vermont, requested
a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 23, 2016.
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15537
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Grays Harbor in Aberdeen, Washington,
requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment
standard amount above 120 percent of the
fair market rent (FMR) as a reasonable
accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 29, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing
Authority in Chicago, Illinois, requested a
waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
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• Regulation: 24 CFR 982.505(d).
Project/Activity: City of Des Moines
Housing Services Department in Des Moines,
Iowa, requested a waiver of 24 CFR
982.505(d) so that it could approve an
exception payment standard amount above
120 percent of the fair market rent (FMR) as
a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Holden Housing Authority
in Holden, Massachusetts, requested a waiver
of 24 CFR 982.505(d) so that it could approve
an exception payment standard amount
above 120 percent of the fair market rent
(FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing
Authority in Chicago, Illinois, requested a
waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
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´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 9, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Colorado Department of
Local Affairs in Denver, Colorado, requested
a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard
amount above 120 percent of the fair market
rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 9, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Skagit County in Burlington, Washington,
requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment
standard amount above 120 percent of the
fair market rent (FMR) as a reasonable
accommodation.
Nature of Requirement: 24 CFR 982.505(d)
states that a public housing agency may only
approve a higher payment standard for a
family as a reasonable accommodation if the
higher payment standard is no more than 120
percent of the FMR for the unit size.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 20, 2016.
Reason Waived: This regulation was
waived as a reasonable accommodation to
allow a disabled participant to receive
housing assistance and pay no more than 40
percent of its adjusted income toward the
family share.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
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Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: The Waterloo Housing
Authority (WHA) in Waterloo, Iowa,
requested a waiver of 24 CFR 985.101(a) so
that it could submit its Section Eight
Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a)
states a PHA must submit the HUD-required
SEMAP certification form within 60 calendar
days after the end of its fiscal year.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: October 12, 2016.
Reason Waived: This waiver was granted
for the WHA’s fiscal year ending June 30,
2016. The waiver was approved because of
circumstances beyond the PHA’s control and
to prevent additional administrative burdens
for the PHA and field office.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Allen Metropolitan
Housing Authority (AMHA) in Lima, Ohio,
requested a waiver of 24 CFR 985.101(a) so
that it could submit its Section Eight
Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a)
states a PHA must submit the HUD-required
SEMAP certification form within 60 calendar
days after the end of its fiscal year.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: October 25, 2016.
Reason Waived: This waiver was granted
for the AMHA’s fiscal year ending June 30,
2016. The waiver was approved because of
circumstances beyond the AMHA’s control
and to prevent additional administrative
burdens for the PHA and field office.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Denham Springs Housing
Authority (DSHA) in Denham Springs, LA,
requested a waiver of 24 CFR 985.101(a) so
that it could submit its Section Eight
Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a)
states a PHA must submit the HUD-required
SEMAP certification form within 60 calendar
days after the end of its fiscal year.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
E:\FR\FM\29MRN1.SGM
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Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
Date Granted: December 9, 2016.
Reason Waived: This waiver was granted
for the DSHA’s fiscal year ending September
30, 2016. The waiver was approved because
of circumstances beyond the DSHA’s control
and to prevent additional administrative
burdens for the PHA and field office.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 902.22 and 902.25
Project/Activity: Duson Housing Authority
(LA130).
Nature of Requirement: Physical
inspections are required to ensure that public
housing units are decent, safe, sanitary and
in good repair, as determined by an
inspection conducted in accordance with
HUD’s Uniform Physical Condition
Standards (UPCS). Baseline inspections will
have all properties inspected regardless of
previous PHAS designation or physical
inspection scores.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: November 23, 2016.
Reason Waived: The Duson Housing
Authority (HA), requested to be waived from
fiscal year (FY) 2016 physical inspections
and physical condition scoring of property/
units for its fiscal year end (FYE) of March
31, 2016. The HA is located within the
Lafayette Parish, impacted by the 2016
Louisiana severe flooding, and was
Presidentially-Declared Federal Disaster
Area.
Pursuant to 24 CFR 5.110, the HA was
granted a waiver for good cause of its 2016
physical inspection and its 2016 PHAS
physical condition indicator score for the
FYE March 31, 2016. The HA was advised
that March 31, 2017, would be the baseline
year to determine its eligibility for Small
PHA Deregulation and that a new inspection
would be required upon that date.
Contact: Dee Ann R. Walker, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone
(202) 475–7908.
• Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the
Town of Erath (LA047).
Nature of Requirement: Physical
inspections are required to ensure that public
housing units are decent, safe, sanitary and
in good repair, as determined by an
inspection conducted in accordance with
HUD’s Uniform Physical Condition
Standards (UPCS). Baseline inspections will
have all properties inspected regardless of
previous PHAS designation or physical
inspection scores.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 16, 2016.
Reason Waived: The Housing Authority of
the Town of Erath (HA), requested to be
VerDate Sep<11>2014
16:54 Mar 28, 2017
Jkt 241001
waived from fiscal year (FY) 2016 physical
inspections and physical condition scoring of
property/units for its fiscal year end (FYE) of
December 31, 2016. The HA is located within
the Vermilion Parish, impacted by the 2016
Louisiana severe flooding, and was
Presidentially-Declared Federal Disaster
Area. Pursuant to 24 CFR 5.110, the HA was
granted a waiver for good cause of its 2016
physical inspection and its 2016 PHAS
physical condition indicator score for the
FYE December 31, 2016. The HA was advised
that December 31, 2017, would be the
baseline year to determine its eligibility for
Small PHA Deregulation and that a new
inspection would be required upon that date.
Contact: Dee Ann R. Walker, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone
(202) 475–7908.
• Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the
City of Eunice (LA025).
Nature of Requirement: Physical
inspections are required to ensure that public
housing units are decent, safe, sanitary and
in good repair, as determined by an
inspection conducted in accordance with
HUD’s Uniform Physical Condition
Standards (UPCS). Baseline inspections will
have all properties inspected regardless of
previous PHAS designation or physical
inspection scores.
´
Granted By: Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 16, 2016.
Reason Waived: The Housing Authority of
the City of Eunice (HA), requested to be
waived from fiscal year (FY) 2016 physical
inspections and physical condition scoring of
property/units for its fiscal year end (FYE) of
September 30, 2016. The HA is located
within the St. Landry Parish, impacted by the
2016 Louisiana severe flooding, and was
Presidentially-Declared a Federal Disaster
Area. Pursuant to 24 CFR 5.110, the HA was
granted a waiver for good cause of its 2016
physical inspection and its 2016 PHAS
physical condition indicator score for the
FYE September 30, 2016. The HA was
advised that September 30, 2017, would be
the baseline year to determine its eligibility
for Small PHA Deregulation and that a new
inspection would be required upon that date.
Contact: Dee Ann R. Walker, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone
(202) 475–7908.
[FR Doc. 2017–06198 Filed 3–28–17; 8:45 am]
BILLING CODE 4210–67–P
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15539
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVB0l000.L71220000.EX0000.
LVTFF1486020 MO# 4500101184]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Deep South Expansion
Project, Lander and Eureka Counties,
NV
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
Pursuant to the National
Environmental Policy Act of 1969, as
amended (NEPA), and the Federal Land
Policy and Management Act of 1976, as
amended, the Bureau of Land
Management (BLM) Mount Lewis Field
Office, Battle Mountain, Nevada,
intends to prepare an Environmental
Impact Statement (EIS) to analyze the
potential impacts of approving the
proposed Deep South Expansion Project
in Lander and Eureka Counties, Nevada.
This notice announces the beginning of
the scoping process to solicit public
comments and identify issues and
alternatives; and serves to initiate public
consultation, as required, under the
National Historic Preservation Act
(NHPA).
SUMMARY:
This notice initiates the public
scoping process for the EIS. Comments
on issues may be submitted in writing
until May 1, 2017. The date(s) and
location(s) of any scoping meetings will
be announced at least 15 days in
advance through local media,
newspapers and the BLM Web site at:
https://www.blm.gov/nv/st/en/fo/battle_
mountain_field.html. In order to be
considered during the preparation of the
Draft EIS, all comments must be
received or postmarked prior to the
close of the 30-day scoping period or 15
days after the last public meeting,
whichever is later.
Comments received after the close of
the 30-day scoping period will be
considered as long as they are received
or postmarked prior to 15 days after the
last public meeting. The BLM will
provide additional opportunities for
public participation upon publication of
the Draft EIS.
ADDRESSES: You may submit comments
related to the proposed Deep South
Expansion Project by any of the
following methods:
• Email: BLM_NV
_BMDO_MLFO_DeepSouthEIS@blm.gov
• Fax: 775–635–4034
• Mail: 50 Bastian Road, Battle
Mountain, NV 89820
DATES:
E:\FR\FM\29MRN1.SGM
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Agencies
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15532-15539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06198]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5946-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
Quarter of Calendar Year 2016
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 October 1, 2016, and ending on December 31, 2016.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Ariel Pereira, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500,
telephone 202-708-3055 (this is not a toll-free number). Persons with
hearing- or speech-impairments may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the fourth quarter of calendar year 2016.
SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions
[[Page 15533]]
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
October 1, 2016 through December 31, 2016. For ease of reference, the
waivers granted by HUD are listed by HUD program office (for example,
the Office of Community Planning and Development, the Office of
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 fourth quarter of
calendar year 2016) before the next report is published (the first
quarter of calendar year 2017), HUD will include any additional waivers
granted for the fourth 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: March 24, 2017.
Ariel Pereira,
Associate General Counsel for Legislation and Regulations.
Appendix--
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development October 1, 2016 Through
December 31, 2016
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the Office of Community Planning
and Development.
II. Regulatory waivers granted by the Office of 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 91.105(c)(2).
Project/Activity: Lafayette, LA.
Nature of Requirement: The regulation at 24 CFR 91.105(c)(2)
requires a 30-day public comment period prior to the implementation
of a substantial amendment to a grantee's consolidated plan.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 6, 2016.
Reason Waived: Lafayette, LA City-Parish was affected by severe
flooding August 11-31, 2016, causing substantial property damage. A
Presidentially-declared disaster declaration (FEMA-DR-4277) was
initially issued on August 14, 2016. Amendment No. 1 issued on
August 16, 2016, included multiple, additional parishes, including
Lafayette Parish, that were adversely affected by the severe storms
and flooding that occurred for the effective period of August 11-31,
2016. The waiver was issued to reduce the required comment period to
seven days to allow the City-Parish to expedite recovery efforts for
low and moderate income residents affected by the flooding.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: 24 CFR 91.105(c)(2), 24 CFR 570.201(e)(1),
and 24 CFR 570.207(b)(3).
Project/Activity: Baton Rouge, LA.
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2),
24 CFR 570.201(e)(1), and 24 CFR 570.207(b)(3) require a 30-day
public comment period prior to the implementation of a substantial
amendment to a grantee's consolidated plan, limit the amount of CDBG
funds used for public services to no more than 15 percent of each
grant, and prohibit CDBG grantees from carrying out new construction
of housing, respectively.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 6, 2016.
Reason Waived: Baton Rouge, LA City-Parish was affected by
severe flooding August 11-31, 2016, causing substantial property
damage. A Presidentially-declared disaster declaration (FEMA-DR-
4277) was initially issued on August 14, 2016. The declaration
covers the severe storms and flooding that occurred for the
effective period of August 11-31, 2016. These waivers, and
accompanying statutory suspensions under Section 122 of the Housing
and Community Development Act of 1974, were granted to allow Baton
Rouge to expedite recovery efforts for low and moderate income
residents affected by the flooding by reducing the required public
comment period to seven days; pay for additional support services
for affected individuals and families, including, but not limited
to, food, health, employment, and case management services to help
county residents impacted by the flooding; and allow grantees to use
their CDBG funds for new housing construction to replace affordable
housing units lost as a result of the storms and flooding.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: 24 CFR 570.200(h).
Project/Activity: On December 15, 2016, HUD issued CPD Notice
#CPD-16-18 implementing procedures to govern the submission and
review of consolidated plans and action plans for FY 2017 funding
prior to the enactment of a FY 2017 HUD appropriation bill. These
procedures apply to any Entitlement, Insular or Hawaii
nonentitlement grantee with a program year start date prior to, or
up to 60 days after, HUD's announcement of the FY 2017 formula
program funding allocations for CDBG, ESG, HOME and HOPWA formula
funding.
Nature of Requirement: The Entitlement CDBG program regulation
at 24 CFR 570.200(h) authorizes a grantee to incur costs against its
CDBG grant prior to the effective date of its grant agreement with
HUD. Under this regulation, the effective date of a grantee's grant
agreement is either the grantee's program year start date or the
date that the grantee's consolidated plan/action plan is received by
HUD, whichever is later. This waiver was issued to the extent
necessary to treat the effective date of a grantee's grant agreement
as the grantee's program year start date or date or the date that
the grantee's consolidated plan/action plan is received by HUD,
whichever is earlier.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: December 15, 2016, for effect on October 14, 2015.
[[Page 15534]]
Reason Waived: Under the provisions of the Notice, a grantee's
consolidated plan/action plan may not be submitted to (and thus
received by) HUD until several months after the grantee's program
year start date. Lengthy delays in the enactment of FY 2017
appropriations for the Department, and implementation of the policy
to delay submission of FY 2017 Action Plans, may have negative
consequences for CDBG grantees that intend to incur eligible costs
prior to the award of FY 2017 funding. Some activities might
otherwise be interrupted while implementing these revised
procedures. In addition, grantees might not otherwise be able to use
CDBG funds for planning and administrative costs of administering
their programs. In order to address communities' needs and to ensure
that programs can continue without disturbance, this waiver was
issued to allow grantees to incur pre-award costs on a timetable
comparable to that under which grantees have operated in past years.
This waiver is available for use by any applicable CDBG grantee
whose action plan submission is delayed past the normal submission
date because of delayed enactment of FY 2017 appropriations for the
Department. This waiver authority is only in effect until August 16,
2017.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: 24 CFR 576.403 and 24 CFR 576.106.
Project/Activity: State of Texas.
Nature of Requirement: 24 CFR 576.403(c) states that Emergency
Solutions Grants (ESG) funds cannot be used to assist participants
living in, or moving into, housing that does not meet Minimum
Habitability Standards. 24 CFR 576.106(d) prevents ESG rental
assistance funds from being used to provide rental assistance in a
unit that exceeds HUD determined Fair Market Rent(FMR).
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development (CPD).
Date Granted: November 21, 2016.
Reason Waived: HUD granted a limited, conditional waiver of 24
CFR 576.403(c) to allow subrecipients to provide the legal services
necessary to prevent eviction and/or obtain the necessary repairs to
bring program participants' units up to the required standards and
stabilize them in their housing. In addition, because the state
provided sufficient documentation of its subrecipients inability to
provide adequate ESG rental assistance in units at or below FMR, HUD
waived 24 CFR 576.106(d)(1) to allow subrecipients in certain areas
to provide ESG rental assistance for units with rents up to the
payment standard adopted by the applicable PHA.
Contact: Shirley J. Henley, Director, Office or Community
Planning and Development, Department of Housing and Urban
Development, 801 Cherry Street, Unit 45 Suite 2500, Room 2884, Fort
Worth, TX 76102, telephone (817) 978-5951.
Regulation: CPD Notice 14-10.
Project/Activity: Langworthy Field, Hopkinton, Rhode Island.
Nature of Requirement: This notice sets forth the transition
from the use of the Decennial Census data to the American
Communities Survey data by the Department and provides specific
implementation guidance for State Community Development Block Grant
program participants in doing so. This notice has an effective date
for which this transition must occur for program participants.
Granted By: Harriet Tregoning, Principal Assistant Secretary for
Community Planning and Development.
Date Granted: December 8, 2016.
Reason Waived: The Langworthy Field project has been funded out
of multiple years funding and in order to finalize the project and
comply with the area benefit national objective for the State
Community Development Block Grant Program, the effective date of CPD
Notice 14-10 needed to be waived and a new effective date be
established, for this activity only, so that it may be completed.
Contact: James H[ouml]emann, Deputy Director, Office of State
and Small Cities Division, Department of Housing and Urban
Development, 451 7th Street SW., Room 7184, Washington, DC 20410,
telephone (202) 402-5716.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 219.220(b).
Project/Activity: Leigh Johnson Apartments, FHA Project Number
071-44087T, Chicago, Illinois. 73rd & Dobson Housing Corporation
(Owner) seeks approval to defer repayment of the Flexible Subsidy
Operating Assistance Loan on the subject project.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
(1995), which governs the repayment of operating assistance provided
under the Flexible Subsidy Program for Troubled Properties, states
``Assistance that has been paid to a project owner under this
subpart must be repaid at the earlier of the expiration of the term
of the mortgage, termination of mortgage insurance, prepayment of
the mortgage, or a sale of the project.''
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: November 3, 2016.
Reason Waived: The owner requested and was granted a waiver of
the requirement to repay the Flexible Subsidy Operating Assistance
Loan in full when it became due. Deferring the loan payment will
preserve this affordable housing resource for an additional 20 years
through the execution and recordation of a Rental Use Agreement.
Contact: Marilynne Hutchins, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6174, Washington, DC 20410, telephone (202) 402-4323.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Substantial Rehabilitation, New York State Housing
(NYCHDC). Waivers of certain provisions of the Risk Sharing Program
regulations for 14 projects utilizing the Federal Financing Bank
(FFB) Risk Sharing Initiative in calendar year 2016.
Nature of Requirement: The 24 CFR part 266.200(b)(2) Substantial
Rehabilitation. The Department will permit the revised definition of
substantial rehabilitation (S/R) in the revised MAP Guide published
on January 29, 2016, such that S/R is: Any scope of work that
either: (a) Exceeds in aggregate cost a sum equal to the `base per
dwelling unit limit' times the applicable High Cost Factor, or (b)
Replacement of two or more building systems. `Replacement' is when
the cost of replacement work exceeds 50 percent of the cost of
replacing the entire system. The 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.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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 approval and execution of the FFB Risk Sharing Agreement
will facilitate the expansion of the program to increase the supply
of affordable rental housing and to assist in the preservation of
existing of rental housing. Under this Initiative, FFB provides
capital to participating Housing Finance Agencies (HFAs) to make
multifamily loans insured under the FHA Multifamily Risk Sharing
Program.
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take-Outs. New York State Housing Finance Agency
(NYSHFA). Waivers of certain provisions of the Risk Sharing Program
regulations for 14 projects utilizing the Federal Financing Bank
(FFB) Risk Sharing Initiative in calendar year 2016.
Nature of Requirement: 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;
[[Page 15535]]
4. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
5. For projects subsidized by Section 8 Housing Assistance
Payment (HAP) contracts:
a. Owner agrees to renew HAP contract(s) for 20-year term,
(subject to appropriations and statutory authorization, etc.,), and
b. In accordance with regulations found in 24 CFR 883.306(e),
and Housing Notice 2012-14--Use of ``New Regulation'' Section 8
Housing Assistance Payments (HAP) Contracts Residual Receipts of
Offset Project-Based Section 8 Housing Assistance Payments, if at
any time NYSHFA determines that a project's excess funds (surplus
cash) after project operations, reserve requirements and permitted
distributions are met, NYSHFA must place the excess funds into a
separate interest-bearing account. Upon renewal of a HAP Contract
the excess funds can be used to reduce future HAP payments or other
project operations/purposes. When the HAP Contract expires, is
terminated, or any extensions are terminated, any unused funds
remaining in the Residual Receipt Account at the time of the
contract's termination must be returned to HUD.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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 approval and execution of the FFB Risk Sharing Agreement
will facilitate the expansion of the program to increase the supply
of affordable rental housing and to assist in the preservation of
existing of rental housing. Under this Initiative, FFB provides
capital to participating Housing Finance Agencies (HFAs) to make
multifamily loans insured under the FHA Multifamily Risk Sharing
Program.
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 266.410(e).
Project/Activity: New York State Housing Finance Agency
(NYSHFA), an approved Section 542(c) Housing Finance Agency Risk
Sharing Program participant under the authority of Section 542(c),
and implementing regulations under 24 CFR part 266, requested a
waiver of 24 CFR Section 266.410(e), which requires insured
mortgages to be fully amortized over the term of the mortgage. The
waiver request was for Ocean Bay Apartments, a 1,400-unit public
housing conversion in Arvene, New York, which is utilizing the
Rental Assistance Demonstration (RAD) Program. All units are
affordable in the property. The property suffered severe losses
resulting from Superstorm Sandy, and has been operating with
temporary heating equipment since that time. The waiver of the
requirement would permit the HFA to structure the loan with a 40-
year amortization with a term of 35 years. In addition, NYSHFA has
elected to use a Level II risk level (90-10) with an insured risk
share mortgage of $92 million.
Nature of Requirement: Section 266.410(e) governs the
amortization, which the mortgage must provide for complete
amortization (i.e., regularly amortizing over the term of the
mortgage).
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: December 29, 2016.
Reason Waived: New York State Housing Finance Agency requested
and was granted waiver of the requirement for Ocean Bay Apartments
in order to fulfil the Firm Commitment condition issued on November
22, 2016, which required an approval of the waiver or it would
become null and void. The approval of the waiver for a longer
amortization period ensured that the RAD project can both be
financed and meet required debt service coverage ratios. In
addition, granting the waiver helped preserve affordable housing and
furthered Superstorm Sandy rehabilitation efforts. Therefore, under
the authority of 24 CFR 5.110, HUD waived 24 CFR 266.410(e) to
permit a 35-year term with a 40-year amortization for Ocean Bay
Apartment. The waiver approval is subject to the following
conditions: (1) Accordance with 24 CFR 266.200(d), the mortgage may
not exceed an amount supportable by the lower of Section 8 or
comparable unassisted market rents; (2) occupancy is no less than 93
percent for previous 12 months; (3) no default in the last 12 months
of the HFA loan to be refinanced; (4) Due to the project being
subsidized by Section 8 Housing Assistance Payment (HAP) contracts:
(a) Owner agrees to renew HAP contract for 20-year term, (subject to
appropriations and statutory authorization, etc.) and the project
excess funds (surplus cash) shall be held or disbursed in accordance
with the RAD Program requirements pursuant to Notice PIH 2012-32
(HA) REV-2.
Contact: Donald Billingsley, Acting Director, Program
Administration Division, Office of Multifamily Production, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6142, Washington, DC 20410, telephone (202) 402-7125.
Regulation: 24 CFR 266.410(e).
Project/Activity: Rhode Island Housing and Mortgage Finance
Corporation, an approved Section 542(c) Housing Finance Agency Risk
Sharing Program participant under the authority of Section 542(c)
and implementing regulations under 24 CFR part 266 requested a
waiver of 24 CFR Section 266.410(e), which requires mortgages
insured to be fully amortized over the term of the mortgage. The
waiver of the requirement would permit the HFA to provide loans for
three preservation transactions that would amortize over 30 to 40
years, but mature within 17 to 25 years to go into effect on
November 1, 2016 for a one-year period.
Nature of Requirement: Section 266.410(e) governs the
amortization, which the mortgage must provide for complete
amortization (i.e., regularly amortizing over the term of the
mortgage).
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: November 23, 2016 (original waiver); December 29,
2016 (amended waiver).
Reason Waived: Rhode Island Housing and Mortgage Finance
Corporation requested and was originally granted waiver of the
requirement in order to provide flexibility for three preservation
projects in the organization's portfolio that do not meet the
requirements of the 542(c) Risk Sharing Initiative Program.
Therefore, under the authority of 24 CFR 5.110, HUD waived 24 CFR
266.410(e) to permit a term as short as 17 years to 25 years
(``Balloon Loans'') for three projects in the organization's
portfolio. HUD amended the original waiver since Rhode Island
Housing and Mortgage Finance Corporation requested that the
provision related to transactions being in the organization's
portfolio be deleted from the waiver approval. HUD approved the
amended waiver request which is subject to the same conditions of
the original approval: (1) Rhode Island Housing and Mortgage Finance
Corporation must elect 50 percent or more of the risk of loss on all
transaction; (2) the waiver is in effect from November 1, 2016 to
November 1, 2017; (3) in accordance with 24 CFR 266.200(d), the
mortgage may not exceed an amount supportable by the lower of
Section 8 or comparable unassisted market rents; (4) the HFA must
comply with regulations stated in 24 CFR 266.210 for insured advance
or insurance upon completion transactions; (5) the projects must
comply with Davis-Bacon labor standards in accordance with 24 CFR
266.225; (6) all other requirements of CFR 24 266.410 remain
applicable and the waiver is only applicable for substantial
rehabilitation of three existing loans in the HFA's portfolio; and
(7) all affordable housing deed restriction for 20 years must be
recorded.
Contact: Donald Billingsley, Acting Director, Program
Administration Division, Office of Multifamily Production, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6142, Washington, DC 20410-8000, telephone: (202) 402-
7125.
Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Termination of Mortgage Insurance. New York State
Housing Finance Agency (NYSHFA). Waivers of certain provisions of
the Risk Sharing Program regulations for 14 projects utilizing the
Federal Financing Bank (FFB) Risk Sharing Initiative in calendar
year 2016.
Nature of Requirement: The 24CFR part 266.620(e) Termination of
Mortgage Insurance. As required by the Initiative, New York State
Housing Finance Agency (NYSHFA) agrees 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. If the HFA loses its ``A'' rating, HFA
must post the required reserve account as outlined in CFR 266.110(b)
[[Page 15536]]
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: October 27, 2016.
Reason Waived: 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 approval and execution of the FFB Risk Sharing Agreement
will facilitate the expansion of the program to increase the supply
of affordable rental housing and to assist in the preservation of
existing of rental housing. Under this Initiative, FFB provides
capital to participating Housing Finance Agencies (HFAs) to make
multifamily loans insured under the FHA Multifamily Risk Sharing
Program.
Contact: Daniel J. Sullivan, Acting Director, Office of
Multifamily Production, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 290.30(a).
Project/Activity: Miramar Court Apartments, FHA Project Number
012-57123V, Bronx, New York. LRF Housing Associates, L.P. (Owner)
seeks approval to waive the non-competitive sale of a HUD-held
multifamily mortgage.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing, H
Date Granted: November 14, 2016.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the mortgage to the owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Cindy Bridges, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 6168, Washington, DC 20410, telephone (202) 402-2603.
Regulation: 24 CFR 891.100(d).
Project/Activity: VOA Living Center of Lake City, Lake City, FL,
Project Number: 063-HD030/FL29-W101-004.
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.
Date Granted: November 18, 2016.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner has 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
7th Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
Regulation: 24 CFR 891.130(a).
Project/Activity: Teaneck Senior Housing, Teaneck, NJ, Project
Number: 031-EE077/NJ39-S091-004.
Nature of Requirement: Section 891.130(a) prohibits Officers or
Board members of either the Sponsor or the Owners (or Borrowers, as
applicable) to have any financial interest in any contract with the
Owner or in any firm which has a contract with the Owner. This
restriction applies as long as the individual is serving on the
Board and for a period of three years following resignation or final
closing, whichever occurs later.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: October 24, 2016.
Reason Waived: The integrity of the Section 202 or Section 811
program is not jeopardized and the service to be provided would not
otherwise be readily available. They meet HUD requirements.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
Regulation: 24 CFR 891.165.
Project/Activity: VOA Living Center of Lake City, Lake City, FL,
Project Number: 063-HD030/FL29-Q101-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18-months
from the date of issuance with limited exceptions up to 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: December 13, 2016.
Reason Waived: Additional time was needed to review the initial
closing package.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
Regulation: 24 CFR 891.165.
Project/Activity: Rosa Parks II Senior Housing, San Francisco,
CA, Project Number: 121-EE225/CA39-S101-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18-months
from the date of issuance with limited exceptions up to 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal Deputy Assistant
Secretary for Housing.
Date Granted: December 28, 2016.
Reason Waived: Additional time was needed for the Tax Credit
Limited Partners to pay the Owner its contributions in May 2017 for
the construction loan.
Contact: Alicia Anderson, Branch Chief, Grants and New Funding,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6138, Washington, DC 20410, telephone (202)
402-5787.
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 982.503.
Project/Activity: Chattanooga Housing Authority in Chattanooga,
Tennessee, requested a waiver of 24 CFR 982.503 so that it could
continue using Small Area Fair Market Rents (SAFMR) beyond the end
of the demonstration period.
Nature of Requirement: 24 CFR 982.503 establishes the regulatory
requirement for the setting of payment standards and schedules for
the Housing Choice Voucher program.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 22, 2016.
Reason Waived: This regulation was waived since without a
waiver, the agency would have to cease using SAFMRs which had been
in effect since October 2012 and could present a hardship on
families.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.503.
Project/Activity: Housing Authority of Cook County in Chicago,
Illinois, requested a waiver of 24 CFR 982.503 so that it could
continue using Small Area Fair Market Rents (SAFMR) beyond the end
of the demonstration period.
Nature of Requirement: 24 CFR 982.503 establishes the regulatory
requirement for the setting of payment standards and schedules for
the Housing Choice Voucher program.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 22, 2016.
Reason Waived: This regulation was waived since without a
waiver, the agency would have to cease using SAFMRs which had been
in effect since October 2012 and could present a hardship on
families.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.503(a) and (c)(2).
Project/Activity: San Francisco Housing Authority in San
Francisco, California, requested a waiver of these regulations so
that it could allow payment standards of 120 percent of the 2017
50th percentile fair market rents for its HUD-VASH families.
Nature of Requirement: These regulations limit the amount of
exception payment standards that may be established for the public
housing agency.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 21, 2016.
Reason Waived: Higher payment standards were warranted since the
utilization of HUD-VASH vouchers was only 70 percent and the
[[Page 15537]]
vacancy rate in San Francisco was less than one percent.
Contact: Becky Primeaux, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 7th Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing Authority in Chicago,
Illinois, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: October 3, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: San Diego Housing Commission in San Diego,
California, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: October 11, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Orange County Housing Authority in Santa Ana,
California, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 15, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing Authority in Chicago,
Illinois, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 23, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Vermont State Housing Authority in Montpelier,
Vermont, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rents (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 23, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of Grays Harbor in Aberdeen,
Washington, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 29, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing Authority in Chicago,
Illinois, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[[Page 15538]]
Regulation: 24 CFR 982.505(d).
Project/Activity: City of Des Moines Housing Services Department
in Des Moines, Iowa, requested a waiver of 24 CFR 982.505(d) so that
it could approve an exception payment standard amount above 120
percent of the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Holden Housing Authority in Holden,
Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it
could approve an exception payment standard amount above 120 percent
of the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 1, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Chicago Housing Authority in Chicago,
Illinois, requested a waiver of 24 CFR 982.505(d) so that it could
approve an exception payment standard amount above 120 percent of
the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 9, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Colorado Department of Local Affairs in
Denver, Colorado, requested a waiver of 24 CFR 982.505(d) so that it
could approve an exception payment standard amount above 120 percent
of the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 9, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of Skagit County in
Burlington, Washington, requested a waiver of 24 CFR 982.505(d) so
that it could approve an exception payment standard amount above 120
percent of the fair market rent (FMR) as a reasonable accommodation.
Nature of Requirement: 24 CFR 982.505(d) states that a public
housing agency may only approve a higher payment standard for a
family as a reasonable accommodation if the higher payment standard
is no more than 120 percent of the FMR for the unit size.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 20, 2016.
Reason Waived: This regulation was waived as a reasonable
accommodation to allow a disabled participant to receive housing
assistance and pay no more than 40 percent of its adjusted income
toward the family share.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: The Waterloo Housing Authority (WHA) in
Waterloo, Iowa, requested a waiver of 24 CFR 985.101(a) so that it
could submit its Section Eight Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a) states a PHA must
submit the HUD-required SEMAP certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: October 12, 2016.
Reason Waived: This waiver was granted for the WHA's fiscal year
ending June 30, 2016. The waiver was approved because of
circumstances beyond the PHA's control and to prevent additional
administrative burdens for the PHA and field office.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Allen Metropolitan Housing Authority (AMHA) in
Lima, Ohio, requested a waiver of 24 CFR 985.101(a) so that it could
submit its Section Eight Management Assessment Program (SEMAP)
certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a) states a PHA must
submit the HUD-required SEMAP certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: October 25, 2016.
Reason Waived: This waiver was granted for the AMHA's fiscal
year ending June 30, 2016. The waiver was approved because of
circumstances beyond the AMHA's control and to prevent additional
administrative burdens for the PHA and field office.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Denham Springs Housing Authority (DSHA) in
Denham Springs, LA, requested a waiver of 24 CFR 985.101(a) so that
it could submit its Section Eight Management Assessment Program
(SEMAP) certification after the deadline.
Nature of Requirement: 24 CFR 985.101(a) states a PHA must
submit the HUD-required SEMAP certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
[[Page 15539]]
Date Granted: December 9, 2016.
Reason Waived: This waiver was granted for the DSHA's fiscal
year ending September 30, 2016. The waiver was approved because of
circumstances beyond the DSHA's control and to prevent additional
administrative burdens for the PHA and field office.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
Regulation: 24 CFR 902.22 and 902.25
Project/Activity: Duson Housing Authority (LA130).
Nature of Requirement: Physical inspections are required to
ensure that public housing units are decent, safe, sanitary and in
good repair, as determined by an inspection conducted in accordance
with HUD's Uniform Physical Condition Standards (UPCS). Baseline
inspections will have all properties inspected regardless of
previous PHAS designation or physical inspection scores.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: November 23, 2016.
Reason Waived: The Duson Housing Authority (HA), requested to be
waived from fiscal year (FY) 2016 physical inspections and physical
condition scoring of property/units for its fiscal year end (FYE) of
March 31, 2016. The HA is located within the Lafayette Parish,
impacted by the 2016 Louisiana severe flooding, and was
Presidentially-Declared Federal Disaster Area.
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good
cause of its 2016 physical inspection and its 2016 PHAS physical
condition indicator score for the FYE March 31, 2016. The HA was
advised that March 31, 2017, would be the baseline year to determine
its eligibility for Small PHA Deregulation and that a new inspection
would be required upon that date.
Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real
Estate Assessment Center, Office of Public and Indian Housing,
Department of Housing and Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone (202) 475-7908.
Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the Town of Erath
(LA047).
Nature of Requirement: Physical inspections are required to
ensure that public housing units are decent, safe, sanitary and in
good repair, as determined by an inspection conducted in accordance
with HUD's Uniform Physical Condition Standards (UPCS). Baseline
inspections will have all properties inspected regardless of
previous PHAS designation or physical inspection scores.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 16, 2016.
Reason Waived: The Housing Authority of the Town of Erath (HA),
requested to be waived from fiscal year (FY) 2016 physical
inspections and physical condition scoring of property/units for its
fiscal year end (FYE) of December 31, 2016. The HA is located within
the Vermilion Parish, impacted by the 2016 Louisiana severe
flooding, and was Presidentially-Declared Federal Disaster Area.
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good cause
of its 2016 physical inspection and its 2016 PHAS physical condition
indicator score for the FYE December 31, 2016. The HA was advised
that December 31, 2017, would be the baseline year to determine its
eligibility for Small PHA Deregulation and that a new inspection
would be required upon that date.
Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real
Estate Assessment Center, Office of Public and Indian Housing,
Department of Housing and Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone (202) 475-7908.
Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the City of Eunice
(LA025).
Nature of Requirement: Physical inspections are required to
ensure that public housing units are decent, safe, sanitary and in
good repair, as determined by an inspection conducted in accordance
with HUD's Uniform Physical Condition Standards (UPCS). Baseline
inspections will have all properties inspected regardless of
previous PHAS designation or physical inspection scores.
Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy
Assistant Secretary for Public and Indian Housing.
Date Granted: December 16, 2016.
Reason Waived: The Housing Authority of the City of Eunice (HA),
requested to be waived from fiscal year (FY) 2016 physical
inspections and physical condition scoring of property/units for its
fiscal year end (FYE) of September 30, 2016. The HA is located
within the St. Landry Parish, impacted by the 2016 Louisiana severe
flooding, and was Presidentially-Declared a Federal Disaster Area.
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good cause
of its 2016 physical inspection and its 2016 PHAS physical condition
indicator score for the FYE September 30, 2016. The HA was advised
that September 30, 2017, would be the baseline year to determine its
eligibility for Small PHA Deregulation and that a new inspection
would be required upon that date.
Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real
Estate Assessment Center, Office of Public and Indian Housing,
Department of Housing and Urban Development, 550 12th Street SW.,
Suite 100, Washington, DC 20410, telephone (202) 475-7908.
[FR Doc. 2017-06198 Filed 3-28-17; 8:45 am]
BILLING CODE 4210-67-P