Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2017, 45877-45881 [2017-21075]
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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Texas is hereby amended to
include the following areas among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of August 25, 2017.
Burleson, Grimes, Madison, and
Washington Counties for Public Assistance.
Austin, Bastrop, and Lee Counties for
Public Assistance [Categories C–G] (already
designated for debris removal and emergency
protective measures [Categories A and B],
including direct federal assistance, under the
Public Assistance program).
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2017–21120 Filed 9–29–17; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4337–
DR; Docket ID FEMA–2017–0001]
Florida; Amendment No. 9 to Notice of
a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
This notice amends the notice
of a major disaster declaration for the
State of Florida (FEMA–4337–DR),
dated September 10, 2017, and related
determinations.
DATES: This amendment was issued
September 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
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SUMMARY:
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Reform Act. This notice contains a list
of regulatory waivers granted by HUD
during the period beginning on April 1,
2017, and ending on June 30, 2017.
FOR FURTHER INFORMATION CONTACT: For
general information about this notice,
contact Ariel Pereira, Associate General
Counsel for Legislation and Regulations,
Department of Housing and Urban
Development, 451 7th Street SW., Room
10282, Washington, DC 20410–0500,
Baker, Broward, Charlotte, Clay, Collier,
Duval, Flagler, Glades, Hendry, Hillsborough, telephone 202–708–1793 (this is not a
toll-free number). Persons with hearingLee, Manatee, Miami-Dade, Monroe, Nassau,
or speech-impairments may access this
Palm Beach, Pasco, Putnam, Pinellas,
number through TTY by calling the tollSarasota, and St. Johns Counties for Public
Assistance [Categories C–G](already
free Federal Relay Service at 800–877–
designated for Individual Assistance and
8339.
assistance for debris removal and emergency
For information concerning a
protective measures [Categories A and B],
particular waiver that was granted and
including direct federal assistance, under the for which public notice is provided in
Public Assistance program).
this document, contact the person
The following Catalog of Federal Domestic
whose name and address follow the
Assistance Numbers (CFDA) are to be used
description of the waiver granted in the
for reporting and drawing funds: 97.030,
accompanying list of waivers that have
Community Disaster Loans; 97.031, Cora
been granted in the second quarter of
Brown Fund; 97.032, Crisis Counseling;
calendar year 2017.
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
SUPPLEMENTARY INFORMATION:
97.046, Fire Management Assistance Grant;
Section 106 of the HUD Reform Act
97.048, Disaster Housing Assistance to
added a new section 7(q) to the
Individuals and Households In Presidentially Department of Housing and Urban
Declared Disaster Areas; 97.049,
Development Act (42 U.S.C. 3535(q)),
Presidentially Declared Disaster Assistance—
which provides that:
Disaster Housing Operations for Individuals
1. Any waiver of a regulation must be
and Households; 97.050 Presidentially
in writing and must specify the grounds
Declared Disaster Assistance to Individuals
for approving the waiver;
and Households—Other Needs; 97.036,
2. Authority to approve a waiver of a
Disaster Grants—Public Assistance
regulation may be delegated by the
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Secretary only to an individual of
Assistant Secretary or equivalent rank,
Brock Long,
and the person to whom authority to
Administrator, Federal Emergency
waive is delegated must also have
Management Agency.
authority to issue the particular
[FR Doc. 2017–21115 Filed 9–29–17; 8:45 am]
regulation to be waived;
BILLING CODE 9111–23–P
3. Not less than quarterly, the
Secretary must notify the public of all
waivers of regulations that HUD has
DEPARTMENT OF HOUSING AND
approved, by publishing a notice in the
URBAN DEVELOPMENT
Federal Register. These notices (each
covering the period since the most
[Docket No. FR–6035–N–02]
recent previous notification) shall:
a. Identify the project, activity, or
Notice of Regulatory Waiver Requests
undertaking involved;
Granted for the Second Quarter of
b. Describe the nature of the provision
Calendar Year 2017
waived and the designation of the
AGENCY: Office of the General Counsel,
provision;
HUD.
c. Indicate the name and title of the
ACTION: Notice.
person who granted the waiver request;
d. Describe briefly the grounds for
SUMMARY: Section 106 of the Department approval of the request; and
of Housing and Urban Development
e. State how additional information
Reform Act of 1989 (the HUD Reform
about a particular waiver may be
Act) requires HUD to publish quarterly
obtained.
Federal Register notices of all
Section 106 of the HUD Reform Act
regulatory waivers that HUD has
also contains requirements applicable to
approved. Each notice covers the
waivers of HUD handbook provisions
quarterly period since the previous
that are not relevant to the purpose of
Federal Register notice. The purpose of this notice.
This notice follows procedures
this notice is to comply with the
provided in HUD’s Statement of Policy
requirements of section 106 of the HUD
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Florida is hereby amended to
include the following areas among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of September 10, 2017.
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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
on Waiver of Regulations and Directives
issued on April 22, 1991 (56 FR 16337).
In accordance with those procedures
and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.
This notice covers waivers of
regulations granted by HUD from April
1, 2017 through June 30, 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
time sequence beginning with the
earliest-dated regulatory waiver.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the second quarter of calendar year
2017) before the next report is published
(the third quarter of calendar year 2017),
HUD will include any additional
waivers granted for the second quarter
in the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
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Dated: September 26, 2017.
Beth Zorc,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development April 1, 2017 Through June 30,
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 Fair Housing and Equal Opportunity
III. Regulatory waivers granted by the Office
of Housing
V. Regulatory waivers granted by the Office
of Public and Indian Housing
I. Regulatory Waivers Granted by the Office
of Community Planning and Development
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 91.105(b)(4) and 24
CFR 91.115(b)(4).
Project/Activity: On December 15, 2016,
HUD issued CPD Notice #CPD–16–18
providing procedures for the submission and
review of consolidated plans and action
plans for FY 2017 funding prior to the
enactment of a FY 2017 HUD appropriation
bill. These procedures apply to any grantee
whose consolidated plan/action plan
submission deadline (45 days before the start
of the program year) falls either before, or up
to 60 days after, HUD’s announcement of the
FY 2017 formula program funding allocations
for CDBG, ESG, HOME and HOPWA formula
funding. The Notice advised these grantees
not to submit their consolidated plans and
action plans until the FY 2017 formula
allocations were announced.
Nature of Requirement: The provisions at
24 CFR 91.105(b)(4) and 91.115(b)(4) require
that grantees provide a period of not less than
30 days during which affected citizens may
review and comment on the FY 2017
consolidated plan or action plan prior to its
implementation.
Granted By: Clifford Taffet, General Deputy
Assistant Secretary, Community Planning
and Development.
Date Granted: May 10, 2017, with
corrected waiver on May 18, 2017, for
immediate effect.
Reason Waived: Under 24 CFR 91.15(a)(2),
HUD cannot accept a consolidated plan or
annual action plan submission later than
August 16, 2017. If HUD does not receive a
consolidated plan or action plan by August
16, 2017, a grantee automatically loses its FY
2017 CDBG funding. Implementation of the
procedures provided in HUD Notice CPD–
16–18 and the timing of the enactment of the
FY 2017 appropriations act leaves
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insufficient time for grantees to complete the
pre-submission or pre-amendment citizen
participation publication and comment
process before the August 16, 2017 deadline.
Given the delay in appropriations and the
need for HUD to award funds so that grantees
may begin to address their housing and
community development needs, HUD waived
the requirements in 24 CFR 91.105(b)(4) and
91.115(b)(4) to allow grantees to reduce the
public comment period to a minimum of 14
calendar days. This waiver ensures grantees
do not lose their FY 2017 funding, while also
affording citizens a meaningful public
comment period. Any affected grantee taking
advantage of this waiver must document in
writing the conditions for the need to utilize
this waiver and must maintain this
documentation for HUD’s review. This
waiver authority is only in effect until
August 16, 2017.
Contact: Steve Johnson, Director,
Entitlement Communities Division, Office of
Block Grant Assistance, Office of Community
Planning and Development, 451 7th Street
SW., Room 7282, Washington, DC 20410,
telephone (202) 708–1577.
II. Regulatory Waivers Granted by the Office
of Fair Housing and Equal Opportunity
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 115.305(a).
Project/Activity: Fair Housing Assistance
Program (FHAP) agencies nationwide.
Nature of Requirement: Special
Enforcement Effort (SEE) funds are funds that
HUD will provide to an agency to enhance
enforcement activities of the agency’s fair
housing law. SEE funds will be a maximum
of 20% of the agency’s total FHAP
cooperative agreement for the previous
contract year, based on approval of eligible
activity or activities, and based on the
appropriation of funds.
Granted By: Bryan Greene, General Deputy
Assistant Secretary for Fair Housing and
Equal Opportunity.
Date Granted: June 5, 2017.
Reason Waived: Temporary waiver of the
20 percent limitation on SEE Funds for
eligible FHAP agencies whose total
cooperative agreement for fiscal year 2016
was less than $300,000.
Contact: Joseph Pelletier, Director, Fair
Housing Assistance Program, Office of Fair
Housing and Equal Opportunity, Department
of Housing of Urban Development, 451
Seventh Street SW., Room 5206, Washington,
DC 20410, telephone (202) 402–2126.
III. Regulatory Waivers Granted by the
Office of Housing—Federal Housing
Administration (FHA)
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 200.73 (c).
Project/Activity: West Town Housing
Preservation, Chicago, Illinois, Project No.
071–35892.
Nature of Requirement: HUD’s regulation
at 24 CFR 200.73(c) requiring that ‘‘not less
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than five rental dwelling units [of an FHA
insured multifamily housing project] shall be
on one site. The property is a large, scatteredsite portfolio of 68 apartment properties on
68 separate parcels. Forty-eight parcels have
at least five units per site, so a majority of
the parcels already meet the regulatory
requirements. FHA will insure a loan through
Section 221(d)(4) program to assist in the
purchase and substantial rehabilitation of
these properties. The unit counts for the
buildings range from two to twelve, for a total
of 318 units known as West Town Housing
Preservation.
Granted by: Dana Wade, Principal Deputy
Assistant Secretary for Housing, H.
Date Granted: April 12, 2017.
Reason Waived: The property is
‘‘affordable’’, and it is in line with HUD’s
mission to continue to ensure availability for
residents in need of subsidized housing.
Additionally, the project is zip codes 60622
and 60647, which have seen some of the
highest rates of property appreciation over
the past several decades in Chicago. The
perseveration of these units as affordable
housing is urgently needed due to the rapid
gentrification that has taken place in the area
in recent years. HUD is already subsidizing
the property by the Section 8 contracts.
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 200.73(c).
Project/Activity: Fields Corner Granite,
FHA Project Number 023–1145, Dorchester,
Massachusetts. Rockport Mortgage Company
has applied for mortgage insurance under the
Section 223(f) program to refinance Fields
Corner Granite as a single project.
Nature of Requirement: HUD’s regulation
at 24 CFR 200.73(c) which, states that a site
must contain no less than 5 rental dwelling
units. Section 3.2.O.CC of the MAP Guide
permits a project with two or more
contiguous parcels of land when the parcels
comprise one marketable, manageable real
estate entity.
Granted By: Dana Wade, Principal Deputy
Assistant Secretary for Housing, H.
Date Granted: May 17, 2017.
Reason Waived: The waiver was granted to
allow Fields Corner Granite as a single
project since its meet HUD’s goal of
preserving and maintaining affordable rental
housing for low income families. The
property consists of 67 units, configured as
1 studio unit, 24 one bedroom units, 24 two
bedroom units, 7 three bedroom units, and 11
four bedroom units in the Fields Corner
neighborhood of the Dorchester section of
Boston. There is a total of 15 buildings
situated on 5 sites, and referenced by the
assessor as 10 separate parcels. Several of the
buildings are located on adjoining sites with
some of the structures being attached and
sharing common utilities. Three of the sites
are in the immediate vicinity of each other.
Two sites are located within 11 blocks of
each other. The sites have all been managed
as a single entity.
Contact: Daniel J. Sullivan, Acting
Director, Office of Multifamily Production,
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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 200.73 (c).
Project/Activity: Camden Townhomes,
FHA Project Number 035–35105, Camden,
New Jersey. The owner and the proposed
lender, Love Funding Company have applied
for mortgage insurance under Section
221(d)(4) for the substantial rehabilitation of
the Camden Townhouses, supplemented
with 4% Low Income Housing Tax Credits
and the loan proceeds from the Section
221(d)(4) loan of $12,637,200.
Nature of Requirement: HUD’s regulation
at 24 CFR 200.73(c) which, states that a site
must contain no less than 5 rental dwelling
units. Section 3.1.O.l.CC of the MAP Guide
permits a project with two or more
contiguous parcels of land when the parcels
comprise one marketable, manageable real
estate entity. Camden Townhouses is an
existing 89-unit affordable housing property
located in Camden, New Jersey. All 89 units
were constructed during the late 19th and
early 20th centuries. Thirty two of the eightynine units are located on sites that are
comprised of five or more units. All units are
located within 10 blocks of each other.
Granted By: Dana Wade, Principal Deputy
Assistant Secretary for Housing, H.
Date Granted: June 8, 2017.
Reason Waived: The waiver was granted to
allow the Camden Townhouses to proceed
with an approved new 20-year Section 8 PBV
HAP contract. The property will be renovated
using New Jersey Housing and Mortgage
Finance Agency (NJMFA) 4% LIHTC. The
scattered sites were assembled and
recognized as a single manageable and
marketable development by the New Jersey
Department of Community Affairs (NJDCA).
The project has been professionally managed
as one project since its inception and has one
operating budget. The property is
‘‘affordable’’ and it meets HUD’s mission to
continue to ensure availability for residents
in need of subsidized housing. HUD is
already subsidizing the property through the
Section 8 contracts. The project is in
Camden, New Jersey, where the occupancy
has remained strong and there is a high
demand for affordable rental housing.
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 266.410(e).
Project/Activity: Minnesota Housing
Finance Agency’s (Minnesota Housing), Risk
Sharing Program, St. Paul, Minnesota.
Nature of Requirement: The 24 CFR
266.410(e) Amortization. Requires mortgages
insured under the 542(c) Housing Finance
Agency Risk Sharing Program to be fully
amortized over the term of the mortgage. The
waiver would permit Minnesota Housing to
provide loans that would have a minimum
term of 17 years (‘‘balloon loans’’). Minnesota
Housing would be able to provide additional
financing options to their customers and
better align the agency’s business practices
with industry standards. The waiver would
expire on December 18, 2018.
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Granted By: Dana Wade, Principal Deputy
Assistant Secretary for Housing, H.
Date Granted: June 19, 2017.
Reason Waived: This will reduce
Minnesota Housing Finance Agency’s cost of
capital, which should translate into lower
rates for their borrowers, and will support
their preservation efforts. Application of this
waiver is limited in both time and scope. The
Department’s exposure is further limited
with the condition that Minnesota Housing
takes 50 percent or more of the risk on these
transactions. Minnesota Housing anticipates
that new construction or substantial
rehabilitation projects that are awarded Low
Income Housing Tax Credits (LIHTC) would
use the balloon loan product, as well as
clients who have been utilizing other
financing option, such as Fannie Mae or
Freddie Mac, rather than Risk Share.
Minnesota Housing Finance Agency’s
waiver approval is subject to the following
conditions:
1. Minnesota Housing must elect to take 50
percent or more of the risk of loss on all
transactions;
2. The waiver expires on December 31,
2018, or when HUD’s proposed rule revision
becomes final, whichever event occurs first;
3. All other requirements of 24 CFR
266.410 remain applicable. The waiver is
applicable only for new construction or
substantial rehabilitation projects;
4. In accordance with 24 CFR 266.200(d),
the mortgage may not exceed an amount
supportable by the lower of Section 8, or
comparable unassisted market rents;
5. If applicable, projects must comply with
Davis–Bacon labor standards in accordance
with 24 CFR 266.225.
6. Minnesota Housing must comply with
regulations stated in 24 CFR 266.210 for
insured advance or insurance upon
completion transactions.
7. An Affordable Housing Deed restriction
for 20 years must be recorded.
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 290.30.
Project/Activity: La Casse/South Canal
Apartments, FHA Project Number 023–
105NI, Holyoke, MA. The Office of
Multifamily Housing received a proposal
from MassHousing, a state housing finance
agency, to purchase a HUD-held Flexible
Subsidy Operating Assistance Program note
for $587,969 on a non-competitive basis. The
balance on the Flexible Subsidy note was
$6.7 million which alone was more than
twice the as-is appraised value of the
property. There was no equity in which to
size a mortgage or utilize Low Income
Housing Tax Credits, and therefore no ability
to refinance all the existing debt on the
property and defer the Flexible Subsidy Note
with terms wherein it would be repayable.
Nature of Requirement: Section 290.30
requires that HUD shall sell HUD-held
multifamily mortgages on a competitive
basis.
Granted by: Genger Charles, General
Deputy Assistant Secretary for Housing.
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Date Granted: May 17, 2017.
Reason Waived: The proposed purchase
price was deemed to be the highest recovery
amount possible on the note. Due to the lack
of operating funds to repay on the note and
its 4th lien position, there was a high risk
that there would be no bidders on a
competitive basis. MassHousing approved a
refinancing of the property in which their
purchase of the note would significantly
reduce the debt burden and allow the
property to cash flow and be rehabilitated.
The waiver of the proposed portion of the 24
CFR 290.30 does not violate any statutory
requirements. Granting of this waiver
ensured that the Department obtained the
maximum recovery as possible on the claim,
while selling to an entity fully invested in the
preservation of affordable housing.
Contact: Thomas R. Davis, Director, Office
of Recapitalization, Office of Multifamily
Housing, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6230, Washington,
DC 20410, telephone (202) 402–7549.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Andrews Plaza, FHA
Project Number 012–57128 V, Bronx, New
York. Andrews Plaza Housing Associates,
L.P. (Owner) seeks approval to waive the
non-competitive sale of a HUD-held
multifamily mortgage.
Nature of Requirement: The regulation at
24 CFR 290.30(a), which governs the sale of
HUD-held mortgages, states that ‘‘[e]xcept as
otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily
mortgages on a competitive basis.’’
Granted by: Genger Charles, General
Deputy Assistant Secretary for Housing, H.
Date Granted: May 4, 2017.
Reason Waived: The owner requested and
was granted a waiver of the non-competitive
sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the
mortgage to the owner’s new mortgagee to
avoid paying mortgage recording tax in the
State of New York.
Contact: Cindy Bridges, Senior Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6168, Washington,
DC 20410, telephone (202) 402–2603.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Prospect Arms, FHA
Project Number 012–57053 V and W,
Brooklyn, New York. Prospect Arms, L.P.
(owner) seeks approval to waive the noncompetitive sale of two HUD-held
multifamily mortgages.
Nature of Requirement: The regulation at
24 CFR 290.30(a), which governs the sale of
HUD-held mortgages, states that ‘‘[e]xcept as
otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily
mortgages on a competitive basis.’’
Granted by: Genger Charles, General
Deputy Assistant Secretary for Housing, H.
Date Granted: June 8, 2017.
Reason Waived: The owner requested and
was granted a waiver of the non-competitive
sale of two HUD-held multifamily mortgages.
A waiver allows the Department to assign the
mortgages to the Owner’s new mortgagee to
avoid paying mortgage recording tax in the
State of New York.
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Contact: Cindy Bridges, Senior Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6168, Washington,
DC 20410, telephone (202) 402–2603.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Miramar Court
Apartments, FHA Project Number 012–57123
V, Bronx, New York. LRF Housing
Associates, L.P. (Owner) seeks approval to
waive the non-competitive sale of a HUDheld multifamily mortgage.
Nature of Requirement: The regulation at
24 CFR 290.30(a), which governs the sale of
HUD-held mortgages, states that ‘‘[e]xcept as
otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily
mortgages on a competitive basis.’’
Granted by: Genger Charles, General
Deputy Assistant Secretary for Housing, H.
Date Granted: June 23, 2017.
Reason Waived: The owner requested and
was granted a waiver of the non-competitive
sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the
mortgage to the owner’s new mortgagee to
avoid paying mortgage recording tax in the
State of New York.
Contact: Cindy Bridges, Senior Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6168, Washington,
DC 20410, telephone (202) 402–2603.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Villa Alejandrina
Apartments, FHA Project Number 012–57308
V and W, Bronx, New York. Brook Avenue
Development Company, L.P. (Owner) seeks
approval to waive the non-competitive sale of
two HUD-held multifamily mortgages.
Nature of Requirement: The regulation at
24 CFR 290.30(a), which governs the sale of
HUD-held mortgages, states that ‘‘[e]except as
otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily
mortgages on a competitive basis.’’
Granted by: Genger Charles, General
Deputy Assistant Secretary for Housing, H.
Date Granted: June 23, 2017.
Reason Waived: The owner requested and
was granted a waiver of the non-competitive
sale of two HUD-held multifamily mortgages.
A waiver allows the Department to assign the
mortgages to the Owner’s new mortgagee to
avoid paying mortgage recording tax in the
State of New York.
Contact: Cindy Bridges, Senior Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 6168, Washington,
DC 20410, telephone (202) 402–2603.
IV. 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
902.33(b).
Project/Activity: Kennewick Housing
Authority (WA012).
Nature of Requirement: The regulation
establishes certain reporting compliance
dates. The audited financial statements are
required to be submitted to the Real Estate
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Fmt 4703
Sfmt 4703
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 2 CFR part 200 subpart
F.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: May 19, 2017.
Reason Waived: The Kennewick Housing
Authority 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 June 12, 2017, to
submit its unaudited financial statements, as
well as to submit its audited financial
statements to HUD. The audited financial
approval only permits the extension for
filing. This 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 990.250(b)(1).
Project/Activity: Alexander County HA
(ACHA) in Cairo, IL (Code: IL007).
Nature of Requirement: The regulation
states that a Public Housing Agency (PHA) is
required to acquire an independent cost
assessment of its projects when requesting an
operating subsidy appeal. The ACHA
requested a waiver to the requirement to
receive an independent cost estimate to
appeal their project expense level (PEL)
funding.
Granted By: Jemine A. Bryon, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: May 31, 2017.
Reason Waived: ACHA, currently under
HUD posession, faces economic hardship
that severely impact its financial stability,
and limit the PHA’s ability to complete an
independent cost estimate prior to the
submission of a PEL appeal. An April 2017
report completed by HUD’s Quality
Assurance Subsystem (QASS) determined
that the model-generated PEL was not
accurate for comparable properties in the
market area resulting in reduced funding by
more than ten percent. Coupled with ACHA’s
dire financial position and accompanying
exigent circumstances, HUD found that the
QASS report meet the intent of the
requirement of 24 CFR 990.250(b)(1).
Thereby, the Department determined that
ACHA demonstrated good cause pursuant to
24 CFR part 5.110 to grant the waiver.
Contact: Monica Shepherd, Public Housing
Management and Occupancy 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
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45881
Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
4208, Washington, DC 20410, telephone (202)
402–5687.
[FR Doc. 2017–21075 Filed 9–29–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5997–N–65]
30-Day Notice of Proposed Information
Collection: HUD Environmental Review
Online System (HEROS)
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 30 days of public
comment.
DATES: Comments Due Date: November
1, 2017.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRA_Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
Anna P. Guido at Anna.P.Guido@
SUMMARY:
Information collection
Number of
respondents
hud.gov or telephone 202–402–5535.
This is not a toll-free number. Person
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339. Copies of
available documents submitted to OMB
may be obtained from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on June 16, 2017 at
82 FR 27718.
A. Overview of Information Collection
Title of Information Collection: HUD
Environmental Review Online System
(HEROS).
OMB Approval Number: 2506–0202.
Type of Request: Reinstatement with
change of a previously approved
collection.
Form Number: None.
Description of the need for the
information and proposed use: 24 CFR
part 58, ‘‘Environmental Review
Procedures for Entities Assuming HUD
Environmental Responsibilities’’
requires units of general local
government receiving HUD assistance to
maintain a written environmental
review record for all projects receiving
HUD funding documenting compliance
with the National Environmental Policy
Act (NEPA), the regulations of the
Council on Environmental Quality,
related federal environmental laws,
executive orders, and authorities, and
Part 58 procedure. Various laws that
authorize this procedure are listed in 24
CFR 58.1(b). 24 CFR part 50, ‘‘Protection
Frequency
of response
Burden
hour per
response
Responses
per annum
and Enhancement of Environmental
Quality,’’ implements procedures for
HUD to perform environmental reviews
for projects where Part 58 is not
permitted by law. Under Part 50, HUD
staff complete the environmental review
records, but they may use any
information supplied by an applicant or
contractor, provided HUD
independently evaluates the
information and is responsible for its
accuracy and prepares the
environmental finding. HEROS allows
users to complete, store, and submit
their environmental review records and
documents online. HEROS is currently
optional for Responsible Entity and
other non-HUD users, who may
continue to use paper-based
environmental review formats; however,
HUD staff in many offices are required
to use HEROS to complete their
environmental reviews.
Respondents (i.e. affected public): The
respondents are state and local
governments receiving HUD funding
who are required to complete
environmental reviews.
Respondents (i.e. affected public):
3,932.
Estimated Number of Respondents: 1.
Frequency of Response: 3,932.
Average Hours per Response: Varies
depending on level of review (see table
below). Reviews that are exempt or
Categorically Excluded Not Subject To
the related laws and authorities
(CENST) take roughly 45 minutes to
complete. Reviews that are Categorically
Excluded Subject To the related laws
(CEST) or require an Environmental
Assessment (EA) take an average of 4
hours to complete.
Total Estimated Burdens: 7,752 hours
or $258,391.
Annual
burden hours
Hourly cost
per response
Annual cost
Exempt/CENST reviews
CEST/EA reviews ........
2,454
1,478
1
1
2,454
1,478
.75
4.00
1,840.50
5,912.00
$33.33
33.33
$6,1344
197,047
Total ......................
3,932
1
3,932
........................
7,752.50
33.33
258,391
sradovich on DSK3GMQ082PROD with NOTICES
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
VerDate Sep<11>2014
19:01 Sep 29, 2017
Jkt 244001
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
E:\FR\FM\02OCN1.SGM
02OCN1
]]>Agencies
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45877-45881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21075]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6035-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
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 April 1, 2017, and ending on June 30, 2017.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Ariel Pereira, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500,
telephone 202-708-1793 (this is not a toll-free number). Persons with
hearing- or speech-impairments may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the second 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
[[Page 45878]]
on Waiver of Regulations and Directives issued on April 22, 1991 (56 FR
16337). In accordance with those procedures and with the requirements
of section 106 of the HUD Reform Act, waivers of regulations are
granted by the Assistant Secretary with jurisdiction over the
regulations for which a waiver was requested. In those cases in which a
General Deputy Assistant Secretary granted the waiver, the General
Deputy Assistant Secretary was serving in the absence of the Assistant
Secretary in accordance with the office's Order of Succession.
This notice covers waivers of regulations granted by HUD from April
1, 2017 through June 30, 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 time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2017) before the next report is published (the third
quarter of calendar year 2017), HUD will include any additional waivers
granted for the second quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: September 26, 2017.
Beth Zorc,
Principal Deputy General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2017 Through June
30, 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 Fair Housing and
Equal Opportunity
III. Regulatory waivers granted by the Office of Housing
V. Regulatory waivers granted by the Office of Public and Indian
Housing
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 91.105(b)(4) and 24 CFR
91.115(b)(4).
Project/Activity: On December 15, 2016, HUD issued CPD Notice
#CPD-16-18 providing procedures for the submission and review of
consolidated plans and action plans for FY 2017 funding prior to the
enactment of a FY 2017 HUD appropriation bill. These procedures
apply to any grantee whose consolidated plan/action plan submission
deadline (45 days before the start of the program year) falls either
before, or up to 60 days after, HUD's announcement of the FY 2017
formula program funding allocations for CDBG, ESG, HOME and HOPWA
formula funding. The Notice advised these grantees not to submit
their consolidated plans and action plans until the FY 2017 formula
allocations were announced.
Nature of Requirement: The provisions at 24 CFR 91.105(b)(4) and
91.115(b)(4) require that grantees provide a period of not less than
30 days during which affected citizens may review and comment on the
FY 2017 consolidated plan or action plan prior to its
implementation.
Granted By: Clifford Taffet, General Deputy Assistant Secretary,
Community Planning and Development.
Date Granted: May 10, 2017, with corrected waiver on May 18,
2017, for immediate effect.
Reason Waived: Under 24 CFR 91.15(a)(2), HUD cannot accept a
consolidated plan or annual action plan submission later than August
16, 2017. If HUD does not receive a consolidated plan or action plan
by August 16, 2017, a grantee automatically loses its FY 2017 CDBG
funding. Implementation of the procedures provided in HUD Notice
CPD-16-18 and the timing of the enactment of the FY 2017
appropriations act leaves insufficient time for grantees to complete
the pre-submission or pre-amendment citizen participation
publication and comment process before the August 16, 2017 deadline.
Given the delay in appropriations and the need for HUD to award
funds so that grantees may begin to address their housing and
community development needs, HUD waived the requirements in 24 CFR
91.105(b)(4) and 91.115(b)(4) to allow grantees to reduce the public
comment period to a minimum of 14 calendar days. This waiver ensures
grantees do not lose their FY 2017 funding, while also affording
citizens a meaningful public comment period. Any affected grantee
taking advantage of this waiver must document in writing the
conditions for the need to utilize this waiver and must maintain
this documentation for HUD's review. This waiver authority is only
in effect until August 16, 2017.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Office of Block Grant Assistance, Office of Community
Planning and Development, 451 7th Street SW., Room 7282, Washington,
DC 20410, telephone (202) 708-1577.
II. Regulatory Waivers Granted by the Office of Fair Housing and Equal
Opportunity
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 115.305(a).
Project/Activity: Fair Housing Assistance Program (FHAP)
agencies nationwide.
Nature of Requirement: Special Enforcement Effort (SEE) funds
are funds that HUD will provide to an agency to enhance enforcement
activities of the agency's fair housing law. SEE funds will be a
maximum of 20% of the agency's total FHAP cooperative agreement for
the previous contract year, based on approval of eligible activity
or activities, and based on the appropriation of funds.
Granted By: Bryan Greene, General Deputy Assistant Secretary for
Fair Housing and Equal Opportunity.
Date Granted: June 5, 2017.
Reason Waived: Temporary waiver of the 20 percent limitation on
SEE Funds for eligible FHAP agencies whose total cooperative
agreement for fiscal year 2016 was less than $300,000.
Contact: Joseph Pelletier, Director, Fair Housing Assistance
Program, Office of Fair Housing and Equal Opportunity, Department of
Housing of Urban Development, 451 Seventh Street SW., Room 5206,
Washington, DC 20410, telephone (202) 402-2126.
III. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 200.73 (c).
Project/Activity: West Town Housing Preservation, Chicago,
Illinois, Project No. 071-35892.
Nature of Requirement: HUD's regulation at 24 CFR 200.73(c)
requiring that ``not less
[[Page 45879]]
than five rental dwelling units [of an FHA insured multifamily
housing project] shall be on one site. The property is a large,
scattered-site portfolio of 68 apartment properties on 68 separate
parcels. Forty-eight parcels have at least five units per site, so a
majority of the parcels already meet the regulatory requirements.
FHA will insure a loan through Section 221(d)(4) program to assist
in the purchase and substantial rehabilitation of these properties.
The unit counts for the buildings range from two to twelve, for a
total of 318 units known as West Town Housing Preservation.
Granted by: Dana Wade, Principal Deputy Assistant Secretary for
Housing, H.
Date Granted: April 12, 2017.
Reason Waived: The property is ``affordable'', and it is in line
with HUD's mission to continue to ensure availability for residents
in need of subsidized housing. Additionally, the project is zip
codes 60622 and 60647, which have seen some of the highest rates of
property appreciation over the past several decades in Chicago. The
perseveration of these units as affordable housing is urgently
needed due to the rapid gentrification that has taken place in the
area in recent years. HUD is already subsidizing the property by the
Section 8 contracts.
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 200.73(c).
Project/Activity: Fields Corner Granite, FHA Project Number 023-
1145, Dorchester, Massachusetts. Rockport Mortgage Company has
applied for mortgage insurance under the Section 223(f) program to
refinance Fields Corner Granite as a single project.
Nature of Requirement: HUD's regulation at 24 CFR 200.73(c)
which, states that a site must contain no less than 5 rental
dwelling units. Section 3.2.O.CC of the MAP Guide permits a project
with two or more contiguous parcels of land when the parcels
comprise one marketable, manageable real estate entity.
Granted By: Dana Wade, Principal Deputy Assistant Secretary for
Housing, H.
Date Granted: May 17, 2017.
Reason Waived: The waiver was granted to allow Fields Corner
Granite as a single project since its meet HUD's goal of preserving
and maintaining affordable rental housing for low income families.
The property consists of 67 units, configured as 1 studio unit, 24
one bedroom units, 24 two bedroom units, 7 three bedroom units, and
11 four bedroom units in the Fields Corner neighborhood of the
Dorchester section of Boston. There is a total of 15 buildings
situated on 5 sites, and referenced by the assessor as 10 separate
parcels. Several of the buildings are located on adjoining sites
with some of the structures being attached and sharing common
utilities. Three of the sites are in the immediate vicinity of each
other. Two sites are located within 11 blocks of each other. The
sites have all been managed as a single entity.
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 200.73 (c).
Project/Activity: Camden Townhomes, FHA Project Number 035-
35105, Camden, New Jersey. The owner and the proposed lender, Love
Funding Company have applied for mortgage insurance under Section
221(d)(4) for the substantial rehabilitation of the Camden
Townhouses, supplemented with 4% Low Income Housing Tax Credits and
the loan proceeds from the Section 221(d)(4) loan of $12,637,200.
Nature of Requirement: HUD's regulation at 24 CFR 200.73(c)
which, states that a site must contain no less than 5 rental
dwelling units. Section 3.1.O.l.CC of the MAP Guide permits a
project with two or more contiguous parcels of land when the parcels
comprise one marketable, manageable real estate entity. Camden
Townhouses is an existing 89-unit affordable housing property
located in Camden, New Jersey. All 89 units were constructed during
the late 19th and early 20th centuries. Thirty two of the eighty-
nine units are located on sites that are comprised of five or more
units. All units are located within 10 blocks of each other.
Granted By: Dana Wade, Principal Deputy Assistant Secretary for
Housing, H.
Date Granted: June 8, 2017.
Reason Waived: The waiver was granted to allow the Camden
Townhouses to proceed with an approved new 20-year Section 8 PBV HAP
contract. The property will be renovated using New Jersey Housing
and Mortgage Finance Agency (NJMFA) 4% LIHTC. The scattered sites
were assembled and recognized as a single manageable and marketable
development by the New Jersey Department of Community Affairs
(NJDCA). The project has been professionally managed as one project
since its inception and has one operating budget. The property is
``affordable'' and it meets HUD's mission to continue to ensure
availability for residents in need of subsidized housing. HUD is
already subsidizing the property through the Section 8 contracts.
The project is in Camden, New Jersey, where the occupancy has
remained strong and there is a high demand for affordable rental
housing.
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 266.410(e).
Project/Activity: Minnesota Housing Finance Agency's (Minnesota
Housing), Risk Sharing Program, St. Paul, Minnesota.
Nature of Requirement: The 24 CFR 266.410(e) Amortization.
Requires mortgages insured under the 542(c) Housing Finance Agency
Risk Sharing Program to be fully amortized over the term of the
mortgage. The waiver would permit Minnesota Housing to provide loans
that would have a minimum term of 17 years (``balloon loans'').
Minnesota Housing would be able to provide additional financing
options to their customers and better align the agency's business
practices with industry standards. The waiver would expire on
December 18, 2018.
Granted By: Dana Wade, Principal Deputy Assistant Secretary for
Housing, H.
Date Granted: June 19, 2017.
Reason Waived: This will reduce Minnesota Housing Finance
Agency's cost of capital, which should translate into lower rates
for their borrowers, and will support their preservation efforts.
Application of this waiver is limited in both time and scope. The
Department's exposure is further limited with the condition that
Minnesota Housing takes 50 percent or more of the risk on these
transactions. Minnesota Housing anticipates that new construction or
substantial rehabilitation projects that are awarded Low Income
Housing Tax Credits (LIHTC) would use the balloon loan product, as
well as clients who have been utilizing other financing option, such
as Fannie Mae or Freddie Mac, rather than Risk Share.
Minnesota Housing Finance Agency's waiver approval is subject to
the following conditions:
1. Minnesota Housing must elect to take 50 percent or more of
the risk of loss on all transactions;
2. The waiver expires on December 31, 2018, or when HUD's
proposed rule revision becomes final, whichever event occurs first;
3. All other requirements of 24 CFR 266.410 remain applicable.
The waiver is applicable only for new construction or substantial
rehabilitation projects;
4. In accordance with 24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower of Section 8, or
comparable unassisted market rents;
5. If applicable, projects must comply with Davis-Bacon labor
standards in accordance with 24 CFR 266.225.
6. Minnesota Housing must comply with regulations stated in 24
CFR 266.210 for insured advance or insurance upon completion
transactions.
7. An Affordable Housing Deed restriction for 20 years must be
recorded.
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 290.30.
Project/Activity: La Casse/South Canal Apartments, FHA Project
Number 023-105NI, Holyoke, MA. The Office of Multifamily Housing
received a proposal from MassHousing, a state housing finance
agency, to purchase a HUD-held Flexible Subsidy Operating Assistance
Program note for $587,969 on a non-competitive basis. The balance on
the Flexible Subsidy note was $6.7 million which alone was more than
twice the as-is appraised value of the property. There was no equity
in which to size a mortgage or utilize Low Income Housing Tax
Credits, and therefore no ability to refinance all the existing debt
on the property and defer the Flexible Subsidy Note with terms
wherein it would be repayable.
Nature of Requirement: Section 290.30 requires that HUD shall
sell HUD-held multifamily mortgages on a competitive basis.
Granted by: Genger Charles, General Deputy Assistant Secretary
for Housing.
[[Page 45880]]
Date Granted: May 17, 2017.
Reason Waived: The proposed purchase price was deemed to be the
highest recovery amount possible on the note. Due to the lack of
operating funds to repay on the note and its 4th lien position,
there was a high risk that there would be no bidders on a
competitive basis. MassHousing approved a refinancing of the
property in which their purchase of the note would significantly
reduce the debt burden and allow the property to cash flow and be
rehabilitated. The waiver of the proposed portion of the 24 CFR
290.30 does not violate any statutory requirements. Granting of this
waiver ensured that the Department obtained the maximum recovery as
possible on the claim, while selling to an entity fully invested in
the preservation of affordable housing.
Contact: Thomas R. Davis, Director, Office of Recapitalization,
Office of Multifamily Housing, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 6230,
Washington, DC 20410, telephone (202) 402-7549.
Regulation: 24 CFR 290.30(a).
Project/Activity: Andrews Plaza, FHA Project Number 012-57128 V,
Bronx, New York. Andrews Plaza Housing Associates, L.P. (Owner)
seeks approval to waive the non-competitive sale of a HUD-held
multifamily mortgage.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Genger Charles, General Deputy Assistant Secretary
for Housing, H.
Date Granted: May 4, 2017.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the mortgage to the owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Cindy Bridges, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
Regulation: 24 CFR 290.30(a).
Project/Activity: Prospect Arms, FHA Project Number 012-57053 V
and W, Brooklyn, New York. Prospect Arms, L.P. (owner) seeks
approval to waive the non-competitive sale of two HUD-held
multifamily mortgages.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Genger Charles, General Deputy Assistant Secretary
for Housing, H.
Date Granted: June 8, 2017.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of two HUD-held multifamily mortgages. A
waiver allows the Department to assign the mortgages to the Owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Cindy Bridges, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
Regulation: 24 CFR 290.30(a).
Project/Activity: Miramar Court Apartments, FHA Project Number
012-57123 V, Bronx, New York. LRF Housing Associates, L.P. (Owner)
seeks approval to waive the non-competitive sale of a HUD-held
multifamily mortgage.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Genger Charles, General Deputy Assistant Secretary
for Housing, H.
Date Granted: June 23, 2017.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of a HUD-held multifamily mortgage. A
waiver allows the Department to assign the mortgage to the owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Cindy Bridges, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
Regulation: 24 CFR 290.30(a).
Project/Activity: Villa Alejandrina Apartments, FHA Project
Number 012-57308 V and W, Bronx, New York. Brook Avenue Development
Company, L.P. (Owner) seeks approval to waive the non-competitive
sale of two HUD-held multifamily mortgages.
Nature of Requirement: The regulation at 24 CFR 290.30(a), which
governs the sale of HUD-held mortgages, states that ``[e]except as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held
multifamily mortgages on a competitive basis.''
Granted by: Genger Charles, General Deputy Assistant Secretary
for Housing, H.
Date Granted: June 23, 2017.
Reason Waived: The owner requested and was granted a waiver of
the non-competitive sale of two HUD-held multifamily mortgages. A
waiver allows the Department to assign the mortgages to the Owner's
new mortgagee to avoid paying mortgage recording tax in the State of
New York.
Contact: Cindy Bridges, Senior Account Executive, Office of
Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
IV. 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 902.33(b).
Project/Activity: Kennewick Housing Authority (WA012).
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 2 CFR
part 200 subpart F.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: May 19, 2017.
Reason Waived: The Kennewick Housing Authority 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
June 12, 2017, to submit its unaudited financial statements, as well
as to submit its audited financial statements to HUD. The audited
financial approval only permits the extension for filing. This 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 990.250(b)(1).
Project/Activity: Alexander County HA (ACHA) in Cairo, IL (Code:
IL007).
Nature of Requirement: The regulation states that a Public
Housing Agency (PHA) is required to acquire an independent cost
assessment of its projects when requesting an operating subsidy
appeal. The ACHA requested a waiver to the requirement to receive an
independent cost estimate to appeal their project expense level
(PEL) funding.
Granted By: Jemine A. Bryon, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: May 31, 2017.
Reason Waived: ACHA, currently under HUD posession, faces
economic hardship that severely impact its financial stability, and
limit the PHA's ability to complete an independent cost estimate
prior to the submission of a PEL appeal. An April 2017 report
completed by HUD's Quality Assurance Subsystem (QASS) determined
that the model-generated PEL was not accurate for comparable
properties in the market area resulting in reduced funding by more
than ten percent. Coupled with ACHA's dire financial position and
accompanying exigent circumstances, HUD found that the QASS report
meet the intent of the requirement of 24 CFR 990.250(b)(1). Thereby,
the Department determined that ACHA demonstrated good cause pursuant
to 24 CFR part 5.110 to grant the waiver.
Contact: Monica Shepherd, Public Housing Management and
Occupancy 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
[[Page 45881]]
4208, Washington, DC 20410, telephone (202) 402-5687.
[FR Doc. 2017-21075 Filed 9-29-17; 8:45 am]
BILLING CODE 4210-67-P
