Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2017, 29303-29310 [2017-13552]
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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
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Overview of This Information
Collection
(1) Type of Information Collection
Request: Extension, Without Change, of
a Currently Approved Collection.
(2) Title of the Form/Collection:
Monthly Report on Naturalization
Papers.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: N–4; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: State and Local
Government. Section 339 of the
Immigration and Nationality Act
requires that the clerk of each court that
administers the oath of allegiance notify
USCIS of all persons to whom the oath
of allegiance for naturalization is
administered, within 30 days after the
close of the month in which the oath
was administered. This form provides a
format listing the number of those
persons to USCIS and provides
accountability for the delivery of the
certificates of naturalization as required
under that section of law.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection N–4 is 160 with an estimated
12 responses per respondent annually,
and the estimated hour burden per
response is 0.5 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 960 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $4,800.
Dated: June 22, 2017.
Jerry Rigdon,
Deputy Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2017–13477 Filed 6–27–17; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6035–N–01]
Notice of Regulatory Waiver Requests
Granted for the First Quarter of
Calendar Year 2017
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
Section 106 of the Department
of Housing and Urban Development
Reform Act of 1989 (the HUD Reform
Act) requires HUD to publish quarterly
Federal Register notices of all
regulatory waivers that HUD has
approved. Each notice covers the
quarterly period since the previous
Federal Register notice. The purpose of
this notice is to comply with the
requirements of section 106 of the HUD
Reform Act. This notice contains a list
of regulatory waivers granted by HUD
during the period beginning on January
1, 2017, and ending on March 31, 2017.
FOR FURTHER INFORMATION CONTACT: For
general information about this notice,
contact Aaron Santa Anna, Assistant
General Counsel for Regulations,
Department of Housing and Urban
Development, 451 7th Street SW., Room
10276, Washington, DC 20410–0500,
telephone 202–708–3055 (this is not a
toll-free number). Persons with hearingor speech-impairments may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
For information concerning a
particular waiver that was granted and
for which public notice is provided in
this document, contact the person
whose name and address follow the
description of the waiver granted in the
accompanying list of waivers that have
been granted in the first quarter of
calendar year 2017.
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
SUMMARY:
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waivers of regulations that HUD has
approved, by publishing a notice in the
Federal Register. These notices (each
covering the period since the most
recent previous notification) shall:
a. Identify the project, activity, or
undertaking involved;
b. Describe the nature of the provision
waived and the designation of the
provision;
c. Indicate the name and title of the
person who granted the waiver request;
d. Describe briefly the grounds for
approval of the request; and
e. State how additional information
about a particular waiver may be
obtained.
Section 106 of the HUD Reform Act
also contains requirements applicable to
waivers of HUD handbook provisions
that are not relevant to the purpose of
this notice.
This notice follows procedures
provided in HUD’s Statement of Policy
on Waiver of Regulations and Directives
issued on April 22, 1991 (56 FR 16337).
In accordance with those procedures
and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.
This notice covers waivers of
regulations granted by HUD from
January 1, 2017 through March 31, 2017.
For ease of reference, the waivers
granted by HUD are listed by HUD
program office (for example, the Office
of Community Planning and
Development, the Office of Fair Housing
and Equal Opportunity, the Office of
Housing, and the Office of Public and
Indian Housing, etc.). Within each
program office grouping, the waivers are
listed sequentially by the regulatory
section of title 24 of the Code of Federal
Regulations (CFR) that is being waived.
For example, a waiver of a provision in
24 CFR part 58 would be listed before
a waiver of a provision in 24 CFR part
570.
Where more than one regulatory
provision is involved in the grant of a
particular waiver request, the action is
listed under the section number of the
first regulatory requirement that appears
in 24 CFR and that is being waived. For
example, a waiver of both § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are in
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time sequence beginning with the
earliest-dated regulatory waiver.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the first quarter of calendar year 2017)
before the next report is published (the
second quarter of calendar year 2017),
HUD will include any additional
waivers granted for the first quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Dated: June 23, 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 January 1, 2017 Through
March 31, 2017
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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 92.2.
Project/Activity: The City of Gainesville,
Florida requested a waiver of 24 CFR 92.2
paragraph (3)(iv), which states that officers or
employees of a government entity may not be
officers or employees of a community
housing development organization (CHDO).
The City requested this waiver to permit the
Mayor of the City of Archer, Mr. Corey
Harris, Florida to act as the Executive
Director of the City of Gainesville’s only
CHDO.
Nature of Requirement: Paragraph (3)(iv) of
the definition of a CHDO in the HOME
regulations at 24 CFR 92.2 prohibits an
employee of a governmental entity from
serving as an employee of a CHDO. This
provision ensures that there is no conflict of
interest between a participating jurisdiction
and a CHDO that received HOME funding
from the participating jurisdiction. The
provision also guarantees that a CHDO is
indeed a community-based and community
controlled organization.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary, D.
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Date Granted: January 10, 2017.
Reason Waived: Mr. Harris is currently the
Mayor of Archer Florida; a City within
Alachua County and a wholly separate and
non-contiguous entity from the City of
Gainesville. Mr. Harris is also the Executive
Director of NHDC; the only designated CHDO
in the City of Gainesville. The City of
Gainesville does not expend HOME funds
outside of the City’s limits, including the City
of Archer. Further, Mr. Harris, as the Mayor
of the City of Archer and as the Executive
Director of NHDC, has no official decisionmaking authority or influence in the City of
Gainesville’s funding decision’s. The City
stated that NHDC is the only viable CHDO
within the City of Gainesville’s jurisdiction,
and the exclusion of NHDC as its CHDO
would create hardship. The waiver permitted
Mr. Harris to remain in both position and
enabled the City of Gainesville to retain its
only CHDO.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The City of Daly,
California requested a waiver of 24 CFR
92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. The City requested this
waiver to allow use of utility allowance
established by local public housing agency
(PHA) for a HOME-assisted project under
construction—Sweeny Lane Apartments.
Nature of Requirement: The regulation at
24 CFR 92.252(d)(1) requires participating
jurisdictions to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. Participating
jurisdictions must use the HUD Utility
Schedule Model or otherwise determine the
utility allowance for the project based on the
type of utilities used at the project.
Consequently, participating jurisdictions are
no longer permitted to use the utility
allowance established by the local PHA for
HOME-assisted rental projects for which
HOME funds were committed on or after
August 23, 2013.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: The HOME requirements
for establishing a utility allowances conflict
with Project Based Voucher program
requirements. Consequently, it is not possible
to use two different utility allowances to set
the rent for a single unit and it is
administratively burdensome to require a
project owner establish and implement
different utility allowances for HOMEassisted units and non-HOME assisted units
in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
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7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The City of Sacramento,
California requested a waiver of 24 CFR 92.
92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. The City requested this
waiver to allow use of the utility allowance
established by the local public housing
agency (PHA) for two existing HOME
projects—Sierra Vista Apartments and
Washington Plaza Apartments.
Nature of Requirement: The regulation at
24 CFR 92.252(d)(1) requires a participating
jurisdiction to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. Participating
jurisdictions must use the HUD Utility
Schedule Model or otherwise determine the
utility allowance for the project based on the
type of utilities used at the project.
Consequently, participating jurisdictions are
no longer permitted to use the utility
allowance established by the local PHA for
HOME-assisted rental projects for which
HOME funds were committed on or after
August 23, 2013.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: HUD acknowledges that
the HOME requirements for establishing a
utility allowance conflict with Project Based
Voucher program requirements. In addition,
HUD recognizes that it is not possible to use
two different utility allowance to set the rent
for a single unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowance for HOME-assisted units and nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The county of San Mateo,
California requested a waiver of 24 CFR 92.
92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. The county requested
this waiver to allow use of utility allowance
established by local public housing agency
(PHA) for a HOME project under
construction—Sweeny Lane Apartments.
Nature of Requirement: The regulation at
24 CFR 92.252(d)(1) requires participating
jurisdictions to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. A participating
jurisdiction must use the HUD Utility
Schedule Model or otherwise determine the
utility allowance for the project based on the
type of utilities used at the project.
Consequently, participating jurisdictions are
no longer permitted to use the utility
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allowance established by the local PHA for
HOME-assisted rental projects for which
HOME funds were committed on or after
August 23, 2013.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: HUD acknowledges that
the HOME requirements for establishing a
utility allowance conflict with Project Based
Voucher program requirements. In addition,
HUD recognizes that it is not possible to use
two different utility allowances to set the rent
for a single unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The Hennepin County
Consortium requested a waiver of 24 CFR 92.
92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. The consortium
requests this waiver to allow use the utility
allowance established by the local
Metropolitan Council Housing Authority for
Indian Knoll Manor, a HOME-assisted rental
project.
Nature of Requirement: The regulation at
24 CFR 92.252(d)(1) requires participating
jurisdictions to establish maximum monthly
allowances for utilities and services
(excluding telephone) and update the
allowances annually. A participating
jurisdiction must use the HUD Utility
Schedule Model or otherwise determine the
utility allowance for the project based on the
type of utilities used at the project.
Consequently, participating jurisdictions are
no longer permitted to use the utility
allowance established by the local public
housing agency (PHA) for HOME-assisted
rental projects for which HOME funds were
committed on or after August 23, 2013.
Granted By: Cliff Taffet, General Deputy
Assistant Secretary, D.
Date Granted: February 13, 2017.
Reason Waived: HUD acknowledges that
the HOME requirements for establishing a
utility allowance conflict with Project Based
Voucher program requirements. In addition,
HUD recognizes that it is not possible to use
two different utility allowances to set the rent
for a single unit and it is administratively
burdensome to require a project owner
establish and implement different utility
allowances for HOME-assisted units and nonHOME assisted units in a project.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 92.500(d)(1)(C).
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Project/Activity: The City of New Orleans,
Louisiana, requested that HUD waive the
HOME program expenditure requirement at
24 CFR 92.500(d)(1)(C). The City requests
this waiver to provide additional time to
expend HOME funds that the City committed
to fill funding gaps in multiple phases of its
Choice Neighborhoods Initiative grant.
Currently, Phases V and VI of the Choice
Neighborhoods Initiative project and one
other multi-family redevelopment project
adjacent to the CNI project have a funding
gap of approximately $4 million dollars.
Nature of Requirement: This provision
requires that a participating jurisdiction
expend its annual allocation of HOME funds
within five years after HUD notifies the
participating jurisdiction that HUD has
executed the jurisdiction’s HOME Investment
Partnerships Agreement.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary, D.
Date Granted: January 9, 2017.
Reason Waived: As of October 31, 2016,
the City had an expenditure shortfall of
$3,123,850. The deobligation of $3,123,850 of
HOME funds would create an undue
hardship by jeopardizing the completion of
the Choice Neighborhoods Initiative project
and limiting the number of one-for-one
replacement units. The City has presented an
aggressive plan to improve its HOME
performance by using HOME funds to close
funding gaps in the Choice Neighborhoods
Initiative projects and has shown progress in
increasing its HOME expenditure rate in
recent months.
Contact: Virginia Sardone, Director, Office
of Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 570.209(b)(3)(i)(A).
Project/Activity: City of Atlanta, Georgia—
Atlanta Lettuce Project.
Nature of Requirement: 24 CFR 570.209(b)
establishes guidelines to evaluate whether
certain activities will demonstrate a
minimum level of public benefit. Activities
covered by these guidelines must either
create or retain full-time equivalent,
permanent jobs or provide goods or services
to low- and moderate-income persons
residing in areas served by the businesses
assisted by the covered activities. If the
public benefit is based on jobs created or
retained, 24 CFR 570.209(b)(3)(i)(A) provides
that any covered activity is ineligible for
Community Development Block Grant
(CDBG) assistance if the amount of CDBG
assistance exceeds $50,000 per full-time
equivalent, permanent job created or
retained.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: January 12, 2017.
Reason Waived: HUD waived the
regulation because the city provided
information on other public benefits, beyond
the creation of jobs, that would be generated
by the project and accrue to future employees
as well as residents of the immediate
neighborhood and the larger Atlanta
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community. These benefits include the
following: The project will be located in an
area designated and prioritized by the city for
redevelopment in recent years; the median
household income for the area is $19,168,
compared with the median household
income for the city of $52,082; the project
will be located in an area with a poverty rate
greater than 40 percent; the project will turn
a three-acre vacant brownfield into a viable
business; the project will partner with a
community development corporation to
provide excess produce from the project to
local residents unable to afford such produce
in grocery stores; the project, with help from
local partners, will provide wrap-around
services to assist employees with own and
with life skills training, financial literacy, tax
assistance, and other services; employees of
the project will own shares in the project and
will be incentived through bonuses based on
production and sales, both of which will
enable employees to build assets and wealth
over time; the project will donate excess
produce to the Atlanta Community Food
Bank; the project will partner with Food Well
Alliance, a local non-profit organization to
provide produce to local farmers’ markets
with customers who use Supplemental
Nutrition Assistance Program (SNAP) and
Women, Infants, and Children (WIC) benefits.
Contact: Paul Webster, Director, Financial
Management Division; Office of Community
Planning and Development, Department of
Housing and Urban Development, 451 7th
Street SW., Room 7178, Washington, DC
20410, telephone (202) 402–4563.
• Regulation: 24 CFR 570.208(a)(3).
Project/Activity: City of Texarkana,
Texas—Hotel Grim Lofts Project.
Nature of Requirement: 24 CFR
570.208(a)(3) provides national objective
criteria for an eligible activity carried out for
the purpose of providing or improving
permanent residential structures which,
upon completion, will be occupied by lowand moderate-income households. If the
structure contains two dwelling units, at least
one must be so occupied, and if the structure
contains more than two dwelling units, at
least 51 percent of the units must be so
occupied.
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: January 3, 2017.
Reason Waived: HUD waived the
regulation because disapproval of the waiver
would have resulted in an undue hardship
and adversely affected the purposes of the
Housing and Community Development Act of
1974, as amended. Requiring 51 percent of
the units to be occupied by LMI persons
would have reduced the conventional debt
financing available for the project by $1.1
million, a funding gap for which the city
would not have been able to find another
source. Therefore, the project could not be
completed and would not create any
affordable housing units. Additionally, the
project will assist the city in its efforts to
meet its community and economic
development objectives as outlined in its
2013–2017 Consolidated Plan and 2016
Annual Action Plan, which identified the
downtown area as an area with a high
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percentage of low-and moderate-persons and
very few affordable housing opportunities
and recommended the development of
housing units within mixed-use properties to
meet this need. Additionally, this building
has been vacant for almost thirty years and
its redevelopment will serve as a catalyst for
revitalization efforts in the city’s downtown.
HUD granted the waiver with the following
mandatory conditions: (1) The city must
provide written notification to the Fort Worth
Regional Office of its adoption and
publication of its standards for determining
affordable rents; (2) the city must require the
project developer to record a use restriction
against the project property that will impose
a ten-year affordability requirement,
requiring at least 20 percent of the units to
be occupied by LMI households; (3) the city
will conduct annual, on-site monitoring to
verify compliance with the conditions for the
duration of the affordability period; (4) the
city will provide HUD Financial Management
Division and the Regional Office a status
report not later than 15 days from the end of
each quarter during the construction and
lease-up period, and through the affordability
period if required by the Regional Office, that
includes updates on construction
completion, Section 108 funds disbursement,
initial occupancy of LMI units, and any other
information as required by the Regional
Office. The actions required under conditions
(1) and (2) must be completed prior to HUD’s
guarantee of a note or other obligation
pursuant to the loan guarantee commitment
for the project.
Contact: Paul Webster, Director, Financial
Management Division, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451 7th
Street SW., Room 7178, Washington, DC
20410, telephone (202) 402–4563.
• Regulation: 24 CFR 578.3 and 24 CFR
578.51(l)(1).
Project/Activity: Multnomah County, OR—
Home Forward.
Nature of Requirement: ‘‘24 CFR 578.3
defines permanent housing as housing where
the program participant is the tenant on a
lease for a term of at least one year, which
is renewable for terms that are a minimum
of one month long. Provisions at 24 CFR
578.51(l)(1) of the Continuum of Care (CoC)
Program interim rule states: For projectbased, sponsor-based, or tenant-based rental
assistance, program participants must enter
into a lease agreement for a term of at least
one year, which is terminable for cause.‘‘
Granted By: Harriet Tregoning, Principal
Deputy Assistant Secretary for Community
Planning and Development.
Date Granted: January 17, 2017.
Reason Waived: Many landlords in
Multnomah County, OR offer month to
month lease terms as opposed to full year
leases and the county has an extremely low
vacancy rate. Because of the tight rental
market, Home Forward is finding it
increasingly difficult to identify landlords
willing to alter their policies regarding length
of lease terms when considering permanent
supportive housing applicants.
Contact: Renee Ryles, Director, Office of
Field Management, Office of Community
Planning and Development, Department of
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Housing and Urban Development, 451 7th St.
SW., Room 7152, Washington, DC 20410,
telephone (202) 402–4609.
• Regulation: 24 CFR 576.106(d).
Project/Activity: The State of Tennessee—
Tennessee Housing Development Agency.
Nature of Requirement: Under 24 CFR
576.106(d)(1), ESG rental assistance cannot
be provided unless the rent is equal to or less
than the FMR established by HUD.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: February 16, 2017.
Reason Waived: HUD has determined that
the rental vacancy rate in Tennessee after the
wildfires is extraordinarily low. Waiving the
FMR for Rapid Re-housing under ESG will
make more units available to individuals and
families in need of permanent housing.
Contact: Mary C. Wilson, Director, Office
of Community Planning and Development,
Department of Housing and Urban
Development, 710 Locust Street SW., Suite
300 Knoxville, TN 37902.
• Regulation: 24 CFR 576.106(d).
Project/Activity: The State of Oregon—
Oregon Housing and Community Services.
Nature of Requirement: Under 24 CFR
576.106(d)(1), ESG rental assistance cannot
be provided unless the rent is equal to or less
than the FMR established by HUD.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary for Community Planning
and Development.
Date Granted: March 1, 2017.
Reason Waived: High rental costs and low
vacancy rates result in a shortage of
affordable housing units. Allowing ESG
rental assistance funds to be used for units
with rents up to the payment standard
adopted by the local PHA will increase
housing options.
Contact: Renee Ryles, Director, Office of
Field Management, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451 7th St.
SW., Room 7152, Washington, DC 20410,
telephone (202) 402–4609.
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 232.7.
Project/Activity: The Stratford at Beyer
Park (Stratford) is a memory care facility. The
facility does not meet the requirements of 24
CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations.
The project is located in Modesto, CA.
Nature of Requirement: The regulation
mandates in a board and care home or
assisted living facility that the not less than
one full bathroom must be provided for every
four residents. Also, the bathroom cannot be
accessed from a public corridor or area.
Granted By: Genger M. Charles, General
Deputy Assistant Secretary for Housing.
Date Granted: February 17, 2017.
Reason Waived: The project is for memory
care, all rooms have half-bathrooms and the
resident to full bathroom ratio is 7:1. The
project meets the State of California’s
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Licensing requirements at least one bathtub
or shower for each ten residents.
Contact: Vance T. Morris, Operations
Manager, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 2337, Washington, DC 20401,
telephone (202) 402–2419.
• Regulation: 24 CFR 242.58(b)(ii) and 24
CFR 242.58(b)(iv). Project/Activity: New
York Presbyterian Hospital, FHA Project
Number 012–10044, New York, NY. The
Borrower has requested an extension of the
quarterly and annual deadlines to submit
financial statements to HUD.
Nature of Requirement: 24 CFR
242.58(b)(ii) states that, with regard to
financial reporting requirements for hospitals
with FHA-insured loans, quarterly unaudited
financial reports must be filed with HUD
within 40 days following the end of each
quarter of the mortgagor’s fiscal year. 24 CFR
242.58(b)(iv) states that, also with regard to
financial reporting requirements for hospitals
with FHA-insured loans, board-certified
annual financial results must be filed with
HUD within 120 days following the close of
the fiscal year (if the annual audited financial
statement has not yet been filed with HUD).
Granted by: Genger Charles, Principal
Deputy Assistant Secretary for Housing H.
Reason Waived: The Borrower requested
and was granted waivers of these HUD
requirements governing financial reporting.
24 CFR 242.58(b)(ii) was waived in order to
allow the Borrower to submit quarterly
unaudited financial reports to HUD up to 60
days following the end of each quarter of the
mortgagor’s fiscal year. CFR 242.58(b)(iv) was
waived in order to allow NYP to submit
board-certified annual financial results to
HUD up to 150 days following the close of
the fiscal year (if the annual audited financial
statement has not yet been filed with HUD).
The Borrower is a very complex organization,
including multiple hospital entities and
campuses, 2,600 beds, over 6,500 affiliated
physicians. The extension of reporting
requirements will allow the Borrower
sufficient time to coordinate its financial
reports among its numerous operating
entities, and will align reporting
requirements with its other taxable bond
issues.
Contact: Vance T. Morris, Operations
Manager, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW.,
Room 2337, Washington, DC 20401,
telephone (202) 402–2419.
• Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Substantial
Rehabilitation, Massachusetts Housing
Partnership (MHP). Waivers of certain
provisions of the Risk Sharing Program
regulations for an additional 15 projects for
a total of 20 projects utilizing the Federal
Financing Bank (FFB) Risk Sharing Initiative
in calendar year 2017.
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
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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: Gender Charles, Principal
Deputy Assistant Secretary for Housing, H.
Date Granted: March 31, 2017.
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 Seventh 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. Massachusetts Housing Partnership
(MHP). Waivers of certain provisions of the
Risk Sharing Program regulations for an
additional 15 projects for a total of 20
projects utilizing the Federal Financing Bank
(FFB) Risk Sharing Initiative in calendar year
2017.
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;
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)
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Contracts Residual Receipts of Offset ProjectBased Section 8 Housing Assistance
Payments, if at any time MHP determines
that a project’s excess funds (surplus cash)
after project operations, reserve requirements
and permitted distributions are met, MHP
must place the excess funds into a separate
interest-bearing account. Upon renewal of a
HAP Contract the excess funds can be used
to reduce future HAP payments or other
project operations/purposes. When the HAP
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: Gender Charles, Principal
Deputy Assistant Secretary for Housing.
Date Granted: March 31, 2017.
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 Seventh Street
SW., Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
• Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Substantial
Rehabilitation, Massachusetts Housing
Partnership (MHP). Waivers of certain
provisions of the Risk Sharing Program
regulations for an additional 15 projects for
a total of 20 projects utilizing the Federal
Financing Bank (FFB) Risk Sharing Initiative
in calendar year 2017.
Nature of Requirements: The 24 CFR part
266.200(d) Underwrite Section 8 Rents.
Projects receiving section 8 rental subsidies
or other rental subsidies. For refinancing of
Section 202 projects, and for Public Housing
Authority (PHA) projects converting to
Section 8 through the Rental Assistance
Demonstration (RAD) Initiative, the
Department will permit MHP to underwrite
the financing using current or to be adjusted
project-based Section 8 assisted rents, even
though they exceed the market rates. This is
consistent with HUD Housing Notice 04–214,
‘‘Amendments to Notice 02–16: Underwriting
Guidelines for Refinancing of Section 202,
and Section 202/8 Direct Loan Repayments’’,
which grants authority only to those lenders
refinancing with mortgage programs under
the National Housing Act.
Granted By: Genger Charles, Principal
Deputy Assistant Secretary for Housing.
Date Granted: March 31, 2017.
Reason Waived: Necessary to effectuate the
Federal Financing Bank (FFB) Risk Sharing
Initiative between Housing and Urban
Development and the Treasury Department/
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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 Seventh Street
SW., Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
• Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Termination of
Mortgage Insurance. Massachusetts Housing
Partnership (MHP). Waivers of certain
provisions of the Risk Sharing Program
regulations for an additional 15 projects for
a total of 20 projects utilizing the Federal
Financing Bank (FFB) Risk Sharing Initiative
in calendar year 2017.
Nature of Requirement: The 24 CFR part
266.620(e) Termination of Mortgage
Insurance. As required by the Initiative,
Massachusetts Housing Partnership (MHP)
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.’’
Granted by: Genger Charles, Principal
Deputy Assistant Secretary for Housing.
Date Granted: March 31, 2017.
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 Seventh Street
SW., Room 6134, Washington, DC 20410,
telephone (202) 402–6130.
III. Regulatory Waivers Granted by the
Office of Public and Indian Housing
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 5.801 and 24 CFR
902 (FEMA–4277–DR–LA).
Project/Activity: Housing Authority of the
City of Denham Springs (LA101).
Nature of Requirement: The regulation
establishes certain reporting compliance
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dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A–133.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: Housing Authority of the
City of Denham Springs requested relief of
financial condition scoring and its financial
reporting requirements for the fiscal year end
(FYE) of September 30, 2016. The HA’s
records and building contents were all
destroyed during the storm disaster of
October 2016. Therefore, the HA was
approved until March 31, 2017, to submit its
unaudited financial statements. Also, the HA
was approved until January 31, 2018, to
submit its audited financial statements to
HUD, which only permits the extension for
filing. The FASS audited financial
submission extension does not apply to
Single Audit submissions to the Federal
Audit Clearinghouse; the HA is required to
meet the Single Audit due 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 5.801 and 24 CFR
902.33(c).
Project/Activity: Louisiana Housing
Authority (LA903).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A–133.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 9, 2017.
Reason Waived: Louisiana Housing
Authority (HA), a Section 8-only agency,
requested relief of financial condition scoring
and its financial reporting requirements for
the fiscal year end (FYE) of December 31,
2016. The HA requested relief for redirecting
agency resources to permit assistance to
families that were affected by the severe
storm and flooding during the 2016 storm
disaster. Therefore, the HA was approved
until June 30, 2017, to submit its unaudited
financial statements. The HA has until
January 31, 2018, to submit its audited
financial statements to HUD, which only
permits the extension for filing. The FASS
audited financial submission extension does
not apply to Single Audit submissions to the
Federal Audit Clearinghouse; the HA is
required to meet the Single Audit due 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.
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• Regulation: 24 CFR 5, 24 CFR 5.801, and
24 CFR 902.33(c).
Project/Activity: Housing Authority of the
City of Lumberton (NC014).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine
months after the housing authority’s (HA)
fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A–133.
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 22, 2017.
Reason Waived: Housing Authority of the
City of Lumberton (HA) requested to be
waived of its unaudited financial
requirements for its fiscal year end (FYE) of
March 30, 2017, and all physical inspection
and physical condition scoring for fiscal
years (FY) 2016 and FY 2017. The HA’s
computers, records and building contents
were all destroyed during the 2016 storm
disaster. Therefore, the HA was approved
until September 30, 2017 to submit its
unaudited financial statements for FYE
March 30, 2017. Since only occupied units
are inspected, a waiver of physical inspection
is not required for vacant public housing
units. However, physical inspections for all
projects are expected to resume for the HA’s
FYE March 30, 2018.
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 982.305(b)(1) and
982.305(b)(2)(i).
Project/Activity: Boone County Housing
Authority (BCHA) in Columbia, Missouri,
requested a waiver of 24 CFR 982.305(b)(1)
and 982.305(b)(2)(i) so that HUD-Veterans
Affairs Supportive Housing (VASH) units
will not be required to have an in-person
follow up inspection if the unit fails the
initial inspection.
Nature of Requirement: These regulations
state that a PHA must inspect a unit prior to
initial leasing to ensure that it meets housing
quality standards (HQS).
Granted By: Jemine A Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: Due to long distances
between the PHA and its units and between
units, this regulation was waived so that the
BHA could use other methods (photographs,
repair receipts) to determine that repairs
were made to ensure the unit meets HQS.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
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Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the
County of Salt Lake in Salt Lake City, Utah,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: January 30, 2017.
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Opportunities
Commission of Montgomery County
(HOCMC) in Kensington, Maryland,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 21, 2017.
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Fairfax County
Department of Housing and Community
Development (FCDHC) in Alexandria,
Virginia, requested a waiver of 24 CFR
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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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 3, 2017.
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Portage Metropolitan
Housing Authority (PMHA) in Ravenna,
Ohio, 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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 9, 2017.
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.205(b).
Project/Activity: New York City Housing
Authority (NYCHA) in New York City, New
York, requested a waiver of 24 CFR 983.
205(b) so that it could extend the term of a
project-based voucher (PBV) housing
assistance payments (HAP) contract.
Nature of Requirement: 24 CFR 983. 205(b)
states that extensions after the initial
extension are allowed at the end of any
extension term provided that no more than
24 months prior to the expiration of the
previous extension contract, the public
housing agency agrees to extend the term,
and that such extension is appropriate to
continue providing affordable housing for
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low-income families or to expand housing
opportunities.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 7, 2017.
Reason Waived: This waiver was granted
so the owners of the project could secure
financing through low-income housing tax
credits.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.55(b) and
983.153(a).
Project/Activity: Housing Authority of
Clackamas County (HACC) in Oregon City,
Oregon, requested a waiver of 24 CFR
983.55(b) and 983.153(a) so that it could
execute an Agreement to enter into a Housing
Assistance Payments (AHAP) contract prior
to the completion of a subsidy layering
review for a project-based voucher new
construction development.
Nature of Requirement: These regulations
state that the public housing agency may not
enter into an AHAP or housing assistance
payments (HAP) contract until HUD or a
housing credit agency approved by HUD has
conducted any required subsidy layering
review and determined that the PBV
assistance is in accordance with HUD
subsidy layering requirements.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 22, 2017.
Reason Waived: This waiver was granted to
allow demolition activities and site
preparation to commence prior to Portland’s
rainy weather season which has a
detrimental effect on housing development.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of East
Baton Rouge Parish (HAEBR) 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: January 11, 2017.
Reason Waived: This waiver was granted
for the HAEBRP’s fiscal year ending
September 30, 2016. The waiver was
approved because of On August 14, 2016,
President Obama signed a Major Disaster
Declaration (DR–4277) for the area that
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29309
includes the HAEBRP. Agency resources
were diverted to relief and recovery efforts.
Contact: Becky Primeaux, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: The Lincoln Housing
Authority (LHA) in Bowling Green, Missouri,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 6, 2017.
Reason Waived: This waiver was granted
for the LHA’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Hendry County Housing
Department (HCHD) in LaBelle, Florida,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: This waiver was granted
for the HCHD’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the
City of Leesville (HACL) in Leesville,
Louisiana, 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.
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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 2017.
Reason Waived: This waiver was granted
for the HACL’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the
City of Nanticoke (HACN) in Nanticoke,
Pennsylvania, 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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 2017.
Reason Waived: This waiver was granted
for the HACN’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Scranton Housing
Authority (SHA) in Scranton Pennsylvania,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 9, 2017.
Reason Waived: This waiver was granted
for the HACN’s fiscal year ending September
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
VerDate Sep<11>2014
17:22 Jun 27, 2017
Jkt 241001
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the
City of Lumberton (HACL) in Lumberton,
North Carolina, 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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 21, 2017.
Reason Waived: This waiver was granted
for the HACL’s fiscal year ending March 31,
2017. 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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Columbus Housing
Authority (CHA) in Columbus, Nebraska,
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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: March 30, 2017.
Reason Waived: This waiver was granted
for the CHA’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Beaver Housing Authority
(BHA) in Beaver, Utah, 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: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
Date Granted: March 30, 2017.
Reason Waived: This waiver was granted
for the BHA’s fiscal year ending September
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 Seventh Street SW.,
Room 4216, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 903.5.
Project/Activity: Submission of the Annual
PHA Plan.
Nature of Requirement: Public Housing
Authorities are required to submit an Annual
PHA Plan 75 days before the commencement
of their fiscal year.
Granted By: Jemine A. Bryon.
Date Granted: February 13, 2017.
Reason Waived: The Housing Authority of
the City of Lumberton (HACL) sustained
major damages to their administrative offices
and public housing units due to flooding
caused by Hurricane Matthew. Lumberton,
North Carolina was included in the
Presidential Disaster Declaration DR–4285.
As a result, HACL requested a waiver of 24
CFR 903.5 and an extension of time to submit
the Annual PHA Plan. The Department found
that good cause existed pursuant to 24 CFR
5.110 to grant the waiver and extend the time
for submission of the Annual PHA Plan.
Contact: Bernita James, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 4208, Washington,
DC 20410, telephone (202) 402–7169.
[FR Doc. 2017–13552 Filed 6–27–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2016–N225; 91100–3740–
GRNT 7C]
Announcement of Public Meeting via
Teleconference: North American
Wetlands Conservation Council
Fish and Wildlife Service,
Interior.
ACTION: Notice of meeting.
AGENCY:
The North American
Wetlands Conservation Council will
meet via teleconference to select North
American Wetlands Conservation Act
(NAWCA) U.S. Standard grant proposals
for recommendation to the Migratory
Bird Conservation Commission. This
meeting is open to the public, and
interested persons may present oral or
written statements.
DATES:
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29303-29310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13552]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6035-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2017
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 January 1, 2017, and ending on March 31, 2017.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Assistant General Counsel for
Regulations, Department of Housing and Urban Development, 451 7th
Street SW., Room 10276, 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 first quarter of calendar year 2017.
SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from
January 1, 2017 through March 31, 2017. For ease of reference, the
waivers granted by HUD are listed by HUD program office (for example,
the Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in
[[Page 29304]]
time sequence beginning with the earliest-dated regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the first quarter of calendar
year 2017) before the next report is published (the second quarter of
calendar year 2017), HUD will include any additional waivers granted
for the first quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: June 23, 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 January 1, 2017 Through
March 31, 2017
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 92.2.
Project/Activity: The City of Gainesville, Florida requested a
waiver of 24 CFR 92.2 paragraph (3)(iv), which states that officers
or employees of a government entity may not be officers or employees
of a community housing development organization (CHDO). The City
requested this waiver to permit the Mayor of the City of Archer, Mr.
Corey Harris, Florida to act as the Executive Director of the City
of Gainesville's only CHDO.
Nature of Requirement: Paragraph (3)(iv) of the definition of a
CHDO in the HOME regulations at 24 CFR 92.2 prohibits an employee of
a governmental entity from serving as an employee of a CHDO. This
provision ensures that there is no conflict of interest between a
participating jurisdiction and a CHDO that received HOME funding
from the participating jurisdiction. The provision also guarantees
that a CHDO is indeed a community-based and community controlled
organization.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary, D.
Date Granted: January 10, 2017.
Reason Waived: Mr. Harris is currently the Mayor of Archer
Florida; a City within Alachua County and a wholly separate and non-
contiguous entity from the City of Gainesville. Mr. Harris is also
the Executive Director of NHDC; the only designated CHDO in the City
of Gainesville. The City of Gainesville does not expend HOME funds
outside of the City's limits, including the City of Archer. Further,
Mr. Harris, as the Mayor of the City of Archer and as the Executive
Director of NHDC, has no official decision-making authority or
influence in the City of Gainesville's funding decision's. The City
stated that NHDC is the only viable CHDO within the City of
Gainesville's jurisdiction, and the exclusion of NHDC as its CHDO
would create hardship. The waiver permitted Mr. Harris to remain in
both position and enabled the City of Gainesville to retain its only
CHDO.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The City of Daly, California requested a
waiver of 24 CFR 92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly allowances for utilities
and services (excluding telephone) and update the allowances
annually. The City requested this waiver to allow use of utility
allowance established by local public housing agency (PHA) for a
HOME-assisted project under construction--Sweeny Lane Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. Participating jurisdictions must use
the HUD Utility Schedule Model or otherwise determine the utility
allowance for the project based on the type of utilities used at the
project. Consequently, participating jurisdictions are no longer
permitted to use the utility allowance established by the local PHA
for HOME-assisted rental projects for which HOME funds were
committed on or after August 23, 2013.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
Consequently, it is not possible to use two different utility
allowances to set the rent for a single unit and it is
administratively burdensome to require a project owner establish and
implement different utility allowances for HOME-assisted units and
non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The City of Sacramento, California requested a
waiver of 24 CFR 92. 92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly allowances for utilities
and services (excluding telephone) and update the allowances
annually. The City requested this waiver to allow use of the utility
allowance established by the local public housing agency (PHA) for
two existing HOME projects--Sierra Vista Apartments and Washington
Plaza Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires a participating jurisdiction to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. Participating jurisdictions must use
the HUD Utility Schedule Model or otherwise determine the utility
allowance for the project based on the type of utilities used at the
project. Consequently, participating jurisdictions are no longer
permitted to use the utility allowance established by the local PHA
for HOME-assisted rental projects for which HOME funds were
committed on or after August 23, 2013.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: HUD acknowledges that the HOME requirements for
establishing a utility allowance conflict with Project Based Voucher
program requirements. In addition, HUD recognizes that it is not
possible to use two different utility allowance to set the rent for
a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowance
for HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The county of San Mateo, California requested
a waiver of 24 CFR 92. 92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly allowances for utilities
and services (excluding telephone) and update the allowances
annually. The county requested this waiver to allow use of utility
allowance established by local public housing agency (PHA) for a
HOME project under construction--Sweeny Lane Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. A participating jurisdiction must
use the HUD Utility Schedule Model or otherwise determine the
utility allowance for the project based on the type of utilities
used at the project. Consequently, participating jurisdictions are
no longer permitted to use the utility
[[Page 29305]]
allowance established by the local PHA for HOME-assisted rental
projects for which HOME funds were committed on or after August 23,
2013.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary, D.
Date Granted: January 19, 2017.
Reason Waived: HUD acknowledges that the HOME requirements for
establishing a utility allowance conflict with Project Based Voucher
program requirements. In addition, HUD recognizes that it is not
possible to use two different utility allowances to set the rent for
a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowances
for HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1).
Project/Activity: The Hennepin County Consortium requested a
waiver of 24 CFR 92. 92.252(d)(1), which requires a participating
jurisdiction to establish maximum monthly allowances for utilities
and services (excluding telephone) and update the allowances
annually. The consortium requests this waiver to allow use the
utility allowance established by the local Metropolitan Council
Housing Authority for Indian Knoll Manor, a HOME-assisted rental
project.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. A participating jurisdiction must
use the HUD Utility Schedule Model or otherwise determine the
utility allowance for the project based on the type of utilities
used at the project. Consequently, participating jurisdictions are
no longer permitted to use the utility allowance established by the
local public housing agency (PHA) for HOME-assisted rental projects
for which HOME funds were committed on or after August 23, 2013.
Granted By: Cliff Taffet, General Deputy Assistant Secretary, D.
Date Granted: February 13, 2017.
Reason Waived: HUD acknowledges that the HOME requirements for
establishing a utility allowance conflict with Project Based Voucher
program requirements. In addition, HUD recognizes that it is not
possible to use two different utility allowances to set the rent for
a single unit and it is administratively burdensome to require a
project owner establish and implement different utility allowances
for HOME-assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.500(d)(1)(C).
Project/Activity: The City of New Orleans, Louisiana, requested
that HUD waive the HOME program expenditure requirement at 24 CFR
92.500(d)(1)(C). The City requests this waiver to provide additional
time to expend HOME funds that the City committed to fill funding
gaps in multiple phases of its Choice Neighborhoods Initiative
grant. Currently, Phases V and VI of the Choice Neighborhoods
Initiative project and one other multi-family redevelopment project
adjacent to the CNI project have a funding gap of approximately $4
million dollars.
Nature of Requirement: This provision requires that a
participating jurisdiction expend its annual allocation of HOME
funds within five years after HUD notifies the participating
jurisdiction that HUD has executed the jurisdiction's HOME
Investment Partnerships Agreement.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary, D.
Date Granted: January 9, 2017.
Reason Waived: As of October 31, 2016, the City had an
expenditure shortfall of $3,123,850. The deobligation of $3,123,850
of HOME funds would create an undue hardship by jeopardizing the
completion of the Choice Neighborhoods Initiative project and
limiting the number of one-for-one replacement units. The City has
presented an aggressive plan to improve its HOME performance by
using HOME funds to close funding gaps in the Choice Neighborhoods
Initiative projects and has shown progress in increasing its HOME
expenditure rate in recent months.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 570.209(b)(3)(i)(A).
Project/Activity: City of Atlanta, Georgia--Atlanta Lettuce
Project.
Nature of Requirement: 24 CFR 570.209(b) establishes guidelines
to evaluate whether certain activities will demonstrate a minimum
level of public benefit. Activities covered by these guidelines must
either create or retain full-time equivalent, permanent jobs or
provide goods or services to low- and moderate-income persons
residing in areas served by the businesses assisted by the covered
activities. If the public benefit is based on jobs created or
retained, 24 CFR 570.209(b)(3)(i)(A) provides that any covered
activity is ineligible for Community Development Block Grant (CDBG)
assistance if the amount of CDBG assistance exceeds $50,000 per
full-time equivalent, permanent job created or retained.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: January 12, 2017.
Reason Waived: HUD waived the regulation because the city
provided information on other public benefits, beyond the creation
of jobs, that would be generated by the project and accrue to future
employees as well as residents of the immediate neighborhood and the
larger Atlanta community. These benefits include the following: The
project will be located in an area designated and prioritized by the
city for redevelopment in recent years; the median household income
for the area is $19,168, compared with the median household income
for the city of $52,082; the project will be located in an area with
a poverty rate greater than 40 percent; the project will turn a
three-acre vacant brownfield into a viable business; the project
will partner with a community development corporation to provide
excess produce from the project to local residents unable to afford
such produce in grocery stores; the project, with help from local
partners, will provide wrap-around services to assist employees with
own and with life skills training, financial literacy, tax
assistance, and other services; employees of the project will own
shares in the project and will be incentived through bonuses based
on production and sales, both of which will enable employees to
build assets and wealth over time; the project will donate excess
produce to the Atlanta Community Food Bank; the project will partner
with Food Well Alliance, a local non-profit organization to provide
produce to local farmers' markets with customers who use
Supplemental Nutrition Assistance Program (SNAP) and Women, Infants,
and Children (WIC) benefits.
Contact: Paul Webster, Director, Financial Management Division;
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street SW., Room 7178, Washington, DC
20410, telephone (202) 402-4563.
Regulation: 24 CFR 570.208(a)(3).
Project/Activity: City of Texarkana, Texas--Hotel Grim Lofts
Project.
Nature of Requirement: 24 CFR 570.208(a)(3) provides national
objective criteria for an eligible activity carried out for the
purpose of providing or improving permanent residential structures
which, upon completion, will be occupied by low- and moderate-income
households. If the structure contains two dwelling units, at least
one must be so occupied, and if the structure contains more than two
dwelling units, at least 51 percent of the units must be so
occupied.
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: January 3, 2017.
Reason Waived: HUD waived the regulation because disapproval of
the waiver would have resulted in an undue hardship and adversely
affected the purposes of the Housing and Community Development Act
of 1974, as amended. Requiring 51 percent of the units to be
occupied by LMI persons would have reduced the conventional debt
financing available for the project by $1.1 million, a funding gap
for which the city would not have been able to find another source.
Therefore, the project could not be completed and would not create
any affordable housing units. Additionally, the project will assist
the city in its efforts to meet its community and economic
development objectives as outlined in its 2013-2017 Consolidated
Plan and 2016 Annual Action Plan, which identified the downtown area
as an area with a high
[[Page 29306]]
percentage of low-and moderate-persons and very few affordable
housing opportunities and recommended the development of housing
units within mixed-use properties to meet this need. Additionally,
this building has been vacant for almost thirty years and its
redevelopment will serve as a catalyst for revitalization efforts in
the city's downtown.
HUD granted the waiver with the following mandatory conditions:
(1) The city must provide written notification to the Fort Worth
Regional Office of its adoption and publication of its standards for
determining affordable rents; (2) the city must require the project
developer to record a use restriction against the project property
that will impose a ten-year affordability requirement, requiring at
least 20 percent of the units to be occupied by LMI households; (3)
the city will conduct annual, on-site monitoring to verify
compliance with the conditions for the duration of the affordability
period; (4) the city will provide HUD Financial Management Division
and the Regional Office a status report not later than 15 days from
the end of each quarter during the construction and lease-up period,
and through the affordability period if required by the Regional
Office, that includes updates on construction completion, Section
108 funds disbursement, initial occupancy of LMI units, and any
other information as required by the Regional Office. The actions
required under conditions (1) and (2) must be completed prior to
HUD's guarantee of a note or other obligation pursuant to the loan
guarantee commitment for the project.
Contact: Paul Webster, Director, Financial Management Division,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street SW., Room 7178, Washington, DC
20410, telephone (202) 402-4563.
Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
Project/Activity: Multnomah County, OR--Home Forward.
Nature of Requirement: ``24 CFR 578.3 defines permanent housing
as housing where the program participant is the tenant on a lease
for a term of at least one year, which is renewable for terms that
are a minimum of one month long. Provisions at 24 CFR 578.51(l)(1)
of the Continuum of Care (CoC) Program interim rule states: For
project-based, sponsor-based, or tenant-based rental assistance,
program participants must enter into a lease agreement for a term of
at least one year, which is terminable for cause.``
Granted By: Harriet Tregoning, Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: January 17, 2017.
Reason Waived: Many landlords in Multnomah County, OR offer
month to month lease terms as opposed to full year leases and the
county has an extremely low vacancy rate. Because of the tight
rental market, Home Forward is finding it increasingly difficult to
identify landlords willing to alter their policies regarding length
of lease terms when considering permanent supportive housing
applicants.
Contact: Renee Ryles, Director, Office of Field Management,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th St. SW., Room 7152, Washington, DC
20410, telephone (202) 402-4609.
Regulation: 24 CFR 576.106(d).
Project/Activity: The State of Tennessee--Tennessee Housing
Development Agency.
Nature of Requirement: Under 24 CFR 576.106(d)(1), ESG rental
assistance cannot be provided unless the rent is equal to or less
than the FMR established by HUD.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: February 16, 2017.
Reason Waived: HUD has determined that the rental vacancy rate
in Tennessee after the wildfires is extraordinarily low. Waiving the
FMR for Rapid Re-housing under ESG will make more units available to
individuals and families in need of permanent housing.
Contact: Mary C. Wilson, Director, Office of Community Planning
and Development, Department of Housing and Urban Development, 710
Locust Street SW., Suite 300 Knoxville, TN 37902.
Regulation: 24 CFR 576.106(d).
Project/Activity: The State of Oregon--Oregon Housing and
Community Services.
Nature of Requirement: Under 24 CFR 576.106(d)(1), ESG rental
assistance cannot be provided unless the rent is equal to or less
than the FMR established by HUD.
Granted By: Clifford Taffet, General Deputy Assistant Secretary
for Community Planning and Development.
Date Granted: March 1, 2017.
Reason Waived: High rental costs and low vacancy rates result in
a shortage of affordable housing units. Allowing ESG rental
assistance funds to be used for units with rents up to the payment
standard adopted by the local PHA will increase housing options.
Contact: Renee Ryles, Director, Office of Field Management,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th St. SW., Room 7152, Washington, DC
20410, telephone (202) 402-4609.
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 232.7.
Project/Activity: The Stratford at Beyer Park (Stratford) is a
memory care facility. The facility does not meet the requirements of
24 CFR 232.7 ``Bathroom'' of FHA's regulations. The project is
located in Modesto, CA.
Nature of Requirement: The regulation mandates in a board and
care home or assisted living facility that the not less than one
full bathroom must be provided for every four residents. Also, the
bathroom cannot be accessed from a public corridor or area.
Granted By: Genger M. Charles, General Deputy Assistant
Secretary for Housing.
Date Granted: February 17, 2017.
Reason Waived: The project is for memory care, all rooms have
half-bathrooms and the resident to full bathroom ratio is 7:1. The
project meets the State of California's Licensing requirements at
least one bathtub or shower for each ten residents.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 242.58(b)(ii) and 24 CFR
242.58(b)(iv). Project/Activity: New York Presbyterian Hospital, FHA
Project Number 012-10044, New York, NY. The Borrower has requested
an extension of the quarterly and annual deadlines to submit
financial statements to HUD.
Nature of Requirement: 24 CFR 242.58(b)(ii) states that, with
regard to financial reporting requirements for hospitals with FHA-
insured loans, quarterly unaudited financial reports must be filed
with HUD within 40 days following the end of each quarter of the
mortgagor's fiscal year. 24 CFR 242.58(b)(iv) states that, also with
regard to financial reporting requirements for hospitals with FHA-
insured loans, board-certified annual financial results must be
filed with HUD within 120 days following the close of the fiscal
year (if the annual audited financial statement has not yet been
filed with HUD).
Granted by: Genger Charles, Principal Deputy Assistant Secretary
for Housing H.
Reason Waived: The Borrower requested and was granted waivers of
these HUD requirements governing financial reporting. 24 CFR
242.58(b)(ii) was waived in order to allow the Borrower to submit
quarterly unaudited financial reports to HUD up to 60 days following
the end of each quarter of the mortgagor's fiscal year. CFR
242.58(b)(iv) was waived in order to allow NYP to submit board-
certified annual financial results to HUD up to 150 days following
the close of the fiscal year (if the annual audited financial
statement has not yet been filed with HUD). The Borrower is a very
complex organization, including multiple hospital entities and
campuses, 2,600 beds, over 6,500 affiliated physicians. The
extension of reporting requirements will allow the Borrower
sufficient time to coordinate its financial reports among its
numerous operating entities, and will align reporting requirements
with its other taxable bond issues.
Contact: Vance T. Morris, Operations Manager, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 7th Street SW., Room 2337, Washington, DC
20401, telephone (202) 402-2419.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Substantial Rehabilitation, Massachusetts Housing
Partnership (MHP). Waivers of certain provisions of the Risk Sharing
Program regulations for an additional 15 projects for a total of 20
projects utilizing the Federal Financing Bank (FFB) Risk Sharing
Initiative in calendar year 2017.
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
[[Page 29307]]
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: Gender Charles, Principal Deputy Assistant Secretary
for Housing, H.
Date Granted: March 31, 2017.
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 Seventh 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. Massachusetts Housing Partnership
(MHP). Waivers of certain provisions of the Risk Sharing Program
regulations for an additional 15 projects for a total of 20 projects
utilizing the Federal Financing Bank (FFB) Risk Sharing Initiative
in calendar year 2017.
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;
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 MHP determines that a project's excess funds (surplus cash)
after project operations, reserve requirements and permitted
distributions are met, MHP must place the excess funds into a
separate interest-bearing account. Upon renewal of a HAP Contract
the excess funds can be used to reduce future HAP payments or other
project operations/purposes. When the HAP 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: Gender Charles, Principal Deputy Assistant Secretary
for Housing.
Date Granted: March 31, 2017.
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 Seventh Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Substantial Rehabilitation, Massachusetts Housing
Partnership (MHP). Waivers of certain provisions of the Risk Sharing
Program regulations for an additional 15 projects for a total of 20
projects utilizing the Federal Financing Bank (FFB) Risk Sharing
Initiative in calendar year 2017.
Nature of Requirements: The 24 CFR part 266.200(d) Underwrite
Section 8 Rents. Projects receiving section 8 rental subsidies or
other rental subsidies. For refinancing of Section 202 projects, and
for Public Housing Authority (PHA) projects converting to Section 8
through the Rental Assistance Demonstration (RAD) Initiative, the
Department will permit MHP to underwrite the financing using current
or to be adjusted project-based Section 8 assisted rents, even
though they exceed the market rates. This is consistent with HUD
Housing Notice 04-214, ``Amendments to Notice 02-16: Underwriting
Guidelines for Refinancing of Section 202, and Section 202/8 Direct
Loan Repayments'', which grants authority only to those lenders
refinancing with mortgage programs under the National Housing Act.
Granted By: Genger Charles, Principal Deputy Assistant Secretary
for Housing.
Date Granted: March 31, 2017.
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 Seventh Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Termination of Mortgage Insurance. Massachusetts Housing
Partnership (MHP). Waivers of certain provisions of the Risk Sharing
Program regulations for an additional 15 projects for a total of 20
projects utilizing the Federal Financing Bank (FFB) Risk Sharing
Initiative in calendar year 2017.
Nature of Requirement: The 24 CFR part 266.620(e) Termination of
Mortgage Insurance. As required by the Initiative, Massachusetts
Housing Partnership (MHP) 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.''
Granted by: Genger Charles, Principal Deputy Assistant Secretary
for Housing.
Date Granted: March 31, 2017.
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 Seventh Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-6130.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801 and 24 CFR 902 (FEMA-4277-DR-
LA).
Project/Activity: Housing Authority of the City of Denham
Springs (LA101).
Nature of Requirement: The regulation establishes certain
reporting compliance
[[Page 29308]]
dates. The audited financial statements are required to be submitted
to the Real Estate Assessment Center (REAC) no later than nine
months after the housing authority's (HA) fiscal year end (FYE), in
accordance with the Single Audit Act and OMB Circular A-133.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: Housing Authority of the City of Denham Springs
requested relief of financial condition scoring and its financial
reporting requirements for the fiscal year end (FYE) of September
30, 2016. The HA's records and building contents were all destroyed
during the storm disaster of October 2016. Therefore, the HA was
approved until March 31, 2017, to submit its unaudited financial
statements. Also, the HA was approved until January 31, 2018, to
submit its audited financial statements to HUD, which only permits
the extension for filing. The FASS audited financial submission
extension does not apply to Single Audit submissions to the Federal
Audit Clearinghouse; the HA is required to meet the Single Audit due
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 5.801 and 24 CFR 902.33(c).
Project/Activity: Louisiana Housing Authority (LA903).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end (FYE), in accordance with the Single Audit Act and OMB
Circular A-133.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 9, 2017.
Reason Waived: Louisiana Housing Authority (HA), a Section 8-
only agency, requested relief of financial condition scoring and its
financial reporting requirements for the fiscal year end (FYE) of
December 31, 2016. The HA requested relief for redirecting agency
resources to permit assistance to families that were affected by the
severe storm and flooding during the 2016 storm disaster. Therefore,
the HA was approved until June 30, 2017, to submit its unaudited
financial statements. The HA has until January 31, 2018, to submit
its audited financial statements to HUD, which only permits the
extension for filing. The FASS audited financial submission
extension does not apply to Single Audit submissions to the Federal
Audit Clearinghouse; the HA is required to meet the Single Audit due
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 5, 24 CFR 5.801, and 24 CFR
902.33(c).
Project/Activity: Housing Authority of the City of Lumberton
(NC014).
Nature of Requirement: The regulation establishes certain
reporting compliance dates. The audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end (FYE), in accordance with the Single Audit Act and OMB
Circular A-133.
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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 22, 2017.
Reason Waived: Housing Authority of the City of Lumberton (HA)
requested to be waived of its unaudited financial requirements for
its fiscal year end (FYE) of March 30, 2017, and all physical
inspection and physical condition scoring for fiscal years (FY) 2016
and FY 2017. The HA's computers, records and building contents were
all destroyed during the 2016 storm disaster. Therefore, the HA was
approved until September 30, 2017 to submit its unaudited financial
statements for FYE March 30, 2017. Since only occupied units are
inspected, a waiver of physical inspection is not required for
vacant public housing units. However, physical inspections for all
projects are expected to resume for the HA's FYE March 30, 2018.
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 982.305(b)(1) and 982.305(b)(2)(i).
Project/Activity: Boone County Housing Authority (BCHA) in
Columbia, Missouri, requested a waiver of 24 CFR 982.305(b)(1) and
982.305(b)(2)(i) so that HUD-Veterans Affairs Supportive Housing
(VASH) units will not be required to have an in-person follow up
inspection if the unit fails the initial inspection.
Nature of Requirement: These regulations state that a PHA must
inspect a unit prior to initial leasing to ensure that it meets
housing quality standards (HQS).
Granted By: Jemine A Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: Due to long distances between the PHA and its
units and between units, this regulation was waived so that the BHA
could use other methods (photographs, repair receipts) to determine
that repairs were made to ensure the unit meets HQS.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the County of Salt Lake
in Salt Lake City, Utah, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: January 30, 2017.
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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Opportunities Commission of Montgomery
County (HOCMC) in Kensington, Maryland, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 21, 2017.
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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Fairfax County Department of Housing and
Community Development (FCDHC) in Alexandria, Virginia, requested a
waiver of 24 CFR
[[Page 29309]]
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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 3, 2017.
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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Portage Metropolitan Housing Authority (PMHA)
in Ravenna, Ohio, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 9, 2017.
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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.205(b).
Project/Activity: New York City Housing Authority (NYCHA) in New
York City, New York, requested a waiver of 24 CFR 983. 205(b) so
that it could extend the term of a project-based voucher (PBV)
housing assistance payments (HAP) contract.
Nature of Requirement: 24 CFR 983. 205(b) states that extensions
after the initial extension are allowed at the end of any extension
term provided that no more than 24 months prior to the expiration of
the previous extension contract, the public housing agency agrees to
extend the term, and that such extension is appropriate to continue
providing affordable housing for low-income families or to expand
housing opportunities.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 7, 2017.
Reason Waived: This waiver was granted so the owners of the
project could secure financing through low-income housing tax
credits.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.55(b) and 983.153(a).
Project/Activity: Housing Authority of Clackamas County (HACC)
in Oregon City, Oregon, requested a waiver of 24 CFR 983.55(b) and
983.153(a) so that it could execute an Agreement to enter into a
Housing Assistance Payments (AHAP) contract prior to the completion
of a subsidy layering review for a project-based voucher new
construction development.
Nature of Requirement: These regulations state that the public
housing agency may not enter into an AHAP or housing assistance
payments (HAP) contract until HUD or a housing credit agency
approved by HUD has conducted any required subsidy layering review
and determined that the PBV assistance is in accordance with HUD
subsidy layering requirements.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 22, 2017.
Reason Waived: This waiver was granted to allow demolition
activities and site preparation to commence prior to Portland's
rainy weather season which has a detrimental effect on housing
development.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of East Baton Rouge Parish
(HAEBR) 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: January 11, 2017.
Reason Waived: This waiver was granted for the HAEBRP's fiscal
year ending September 30, 2016. The waiver was approved because of
On August 14, 2016, President Obama signed a Major Disaster
Declaration (DR-4277) for the area that includes the HAEBRP. Agency
resources were diverted to relief and recovery efforts.
Contact: Becky Primeaux, Housing Voucher Management and
Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: The Lincoln Housing Authority (LHA) in Bowling
Green, Missouri, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 6, 2017.
Reason Waived: This waiver was granted for the LHA's fiscal year
ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Hendry County Housing Department (HCHD) in
LaBelle, Florida, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: February 13, 2017.
Reason Waived: This waiver was granted for the HCHD's fiscal
year ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the City of Leesville
(HACL) in Leesville, Louisiana, 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.
[[Page 29310]]
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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2017.
Reason Waived: This waiver was granted for the HACL's fiscal
year ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the City of Nanticoke
(HACN) in Nanticoke, Pennsylvania, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 2, 2017.
Reason Waived: This waiver was granted for the HACN's fiscal
year ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Scranton Housing Authority (SHA) in Scranton
Pennsylvania, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 9, 2017.
Reason Waived: This waiver was granted for the HACN's fiscal
year ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the City of Lumberton
(HACL) in Lumberton, North Carolina, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 21, 2017.
Reason Waived: This waiver was granted for the HACL's fiscal
year ending March 31, 2017. 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Columbus Housing Authority (CHA) in Columbus,
Nebraska, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 30, 2017.
Reason Waived: This waiver was granted for the CHA's fiscal year
ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Beaver Housing Authority (BHA) in Beaver,
Utah, 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: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 30, 2017.
Reason Waived: This waiver was granted for the BHA's fiscal year
ending September 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 Seventh Street SW., Room 4216, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 903.5.
Project/Activity: Submission of the Annual PHA Plan.
Nature of Requirement: Public Housing Authorities are required
to submit an Annual PHA Plan 75 days before the commencement of
their fiscal year.
Granted By: Jemine A. Bryon.
Date Granted: February 13, 2017.
Reason Waived: The Housing Authority of the City of Lumberton
(HACL) sustained major damages to their administrative offices and
public housing units due to flooding caused by Hurricane Matthew.
Lumberton, North Carolina was included in the Presidential Disaster
Declaration DR-4285. As a result, HACL requested a waiver of 24 CFR
903.5 and an extension of time to submit the Annual PHA Plan. The
Department found that good cause existed pursuant to 24 CFR 5.110 to
grant the waiver and extend the time for submission of the Annual
PHA Plan.
Contact: Bernita James, Office of Public Housing and Voucher
Programs, Office of Public and Indian Housing, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 4208,
Washington, DC 20410, telephone (202) 402-7169.
[FR Doc. 2017-13552 Filed 6-27-17; 8:45 am]
BILLING CODE 4210-67-P