Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2017, 5796-5801 [2018-02654]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5796-5801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02654]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6035-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
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 July 1,

[[Page 5797]]

2017, and ending on September 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 Seventh Street SW, Room 10282, Washington, DC 20410-
0500, telephone 202-708-3055 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the third 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 July 
1, 2017 through September 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 third quarter of calendar 
year 2017) before the next report is published (the fourth quarter of 
calendar year 2017), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: January 31, 2018.
J. Paul Compton, Jr.,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2017 Through 
September 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 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 576.106(d).
    Project/Activity: The Commonweath of Massachusetts requested a 
waiver to allow its Emergency Solutions Grants (ESG) subrecipient 
Craig's Doors to provide rental assistance for higher cost units in, 
Amherst, Massachusetts.
    Nature of Requirement: HUD's regulation at 24 CFR 576.106(d)(1) 
prohibits ESG rental assistance from being provided for a unit with 
rent that exceeds the HUD-established Fair Market Rent (FMR), as 
provided under 24 CFR part 888, or the HUD-established rent 
reasonableness standard at 24 CFR 982.507.
    Granted By: Ralph Gaines, Principal Deputy Assistant Secretary, 
D.
    Date Granted: September 18, 2017.
    Reason Waived: Amherst, Massachusetts is home to several 
colleges and universities. Apartment rental costs have risen due to 
increased demand of the student population for off-campus housing. 
The high rental costs and low vacancy rates in the service areas has 
resulted in a shortage of affordable housing units for extremely 
low-income renters. As a result, Craig's Doors is experiencing 
difficulty providing much-needed short- and medium-term rental 
assistance to eligible individuals. Providing ESG rental assistance 
for units with rents up to the 120 percent payment standard adopted 
by the local housing authority will increase housing options for ESG 
program participants allowing for greater coordination with local 
housing resources.
    Contact: Robert Shumeyko, Director, Boston Field Office, Thomas 
P. O'Neill, Jr. Federal Building, Department of Housing Development, 
10 Causeway Street, Boston, MA 02222-1092, telephone (617) 994-8376.

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.


[[Page 5798]]


     Regulation: 24 CFR 200.6 and 5.216(d)(1) and (2).
    Project/Activity: Highgate Senior Living-Billings, FHA Project 
Number 093-22039 is an assisted living facility in Billings, 
Montana. With the exception of the Chief Operating Officer, the 
project owners are foreign nationals who do not have Social Security 
Numbers, but have individual tax identification numbers issued by 
the Internal Revenue Service.
    Nature of Requirement: The regulations at 24 CFR 200.6 and 
5.216(d)(1) and (2) set forth certain disclosure and verification 
requirements for Social Security Numbers and Employer Identification 
Numbers for applicants and participants in assisted and insured loan 
insurance and related programs.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing, H.
    Date Granted: July 17, 2017.
    Reason Waived: The Office of Residential Care Facilities 
recognizes that foreign nationals and corporate entities may 
participate as principals in the Section 232 program as long as at 
least one principal with operational decision-making authority is a 
United States Citizen. As the project has met these requirements, 
allowing use of the tax identification numbers in lieu of Social 
Security Numbers will allow the project to participate in the 
Section 232 program.
    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 219.220(b).
    Project/Activity: Luther Towers I, FHA Project Number 032-SH002, 
Wilmington, Delaware. Lutheran Senior Services, Incorporated (owner) 
seeks approval to defer repayment of the Flexible Subsidy Operating 
Assistance Loan on the subject project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, states 
``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term 
of the mortgage, termination of mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Dana T. Wade, Principal Deputy Assistant Secretary 
for Housing, H.
    Date Granted: August 29, 2017.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 35 years 
through the execution and recordation of a Rental Use Agreement.
    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 232.7.
    Project/Activity: Portland Center for Assisted Living, FHA 
Project Number 022-22036, is an Assisted Living facility with memory 
care units. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Portland, ME.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that 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: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: July 13, 2017.
    Reason Waived: The project has both assisted living units and a 
secured, locked memory care area. The 71 assisted living units (142 
beds) are in full compliance with the CFR 232.7, bathroom 
requirements. There are 14 memory care units (28 beds). For this 
space, there are 8 half bathrooms to serve for the 14 units with 28 
beds. Currently, there is one full bathroom and one additional will 
be added prior to loan closing. Access to the shower rooms pass 
through hallways that are within the secured locked unit, with each 
resident being near one of the two full bathing rooms. The ratio of 
residents to full bathroom rooms is 14 to one. The memory care 
residents need assistance with bathing and this arrangement is 
considered by the facility as safer for the residents. The project 
meets the State of Maine's licensing requirements for bathing and 
toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: Sodalis at Buda, FHA Project Number 115-22324, 
is an existing assisted living facility with memory care units. The 
facility does not meet the requirements of 24 CFR 232.7 ``Bathroom'' 
of FHA's regulations. The project is located in Buda, Texas.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that 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: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: August 24, 2017.
    Reason Waived: The project contains a secured, locked memory 
care area of 22 units. Each of the 22 memory care units (22 beds) 
includes a half bathroom. Access to the shower rooms passes through 
hallways that are within the secured locked unit, with each resident 
being near one of the three shower rooms. The ratio of residents to 
full bathroom rooms is 7 to one and the owner plans on adding one 
additional large bathroom prior to loan closing. The memory care 
residents need assistance with bathing and this arrangement is 
considered by the facility as safer for the residents. The residents 
do not reside in three or four-bedroom wards. The facility is 
licensed as a Type B large facility for Alzheimer's and related 
disorders and meets the State of Texas's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.1005.
    Project/Activity: Texas Skilled Nursing Facilities with Hospital 
Operators Participating in the Quality Incentive Payment Program; 
Senior Living Properties Portfolio.
    Nature of Requirement: The regulation at 24 CFR 232.1005 
requires that all accounts deriving from the operation of the 
property, including operator accounts and including all funds 
received from any source or derived from the operation of the 
facility, are project assets subject to control under the insured 
mortgage loan's transactional documents, including, without 
limitation, the operator's regulatory agreement. For projects 
participating in the Texas Health and Human Services Commission 
Quality Incentive Payment Program, the State funds a portion of the 
supplemental payments to a non-State governmental entity (as an 
Operating Partner), a portion of which is retained by the Operating 
Partner, under contractual agreement and pledged as collateral for 
revenue bonds or other financing used to make the upfront inter-
governmental transfer payments.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: July 19, 2017.
    Reason Waived: Waiver of the 24 CFR 232.1005 requirement for the 
portion of the inter-governmental transfer funds to be retained by 
the Operating Partner will allow the portfolio of projects to 
participate in the supplemental payment program. This will add 
additional cash-flow to the project, allowing for an increased 
ability to attract, retain and train a quality workforce and invest 
in programming and technology that will drive quality outcomes at 
the facilities. It will also improve security for the FHA-insured 
loans.
    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 232.1005.
    Project/Activity: Texas Skilled Nursing Facilities with Hospital 
Operators Participating in the Quality Incentive Payment Program; 
Regency Portfolio.
    Nature of Requirement: The regulation at 24 CFR 232.1005 
requires that all accounts deriving from the operation of the 
property, including operator accounts and including all funds 
received from any source or derived from the operation of the 
facility, are project assets subject to control under the insured 
mortgage loan's transactional documents, including, without 
limitation, the operator's regulatory agreement. For projects 
participating in the Texas Health and Human Services Commission 
Quality Incentive Payment Program, the State funds a portion

[[Page 5799]]

of the supplemental payments to a non-State governmental entity (as 
an Operating Partner), a portion of which is retained by the 
Operating Partner, under contractual agreement and pledged as 
collateral for revenue bonds or other financing used to make the 
upfront inter-governmental transfer payments.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: July 19, 2017.
    Reason Waived: Waiver of the 24 CFR 232.1005 requirement for the 
portion of the inter-governmental transfer funds to be retained by 
the Operating Partner will allow the portfolio of projects to 
participate in the supplemental payment program. This will add 
additional cash-flow to the project, allowing for an increased 
ability to attract, retain and train a quality workforce and invest 
in programming and technology that will drive quality outcomes at 
the facilities. It will also improve security for the FHA-insured 
loans.
    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 290.30(a).
    Project/Activity: E.C. Reems Garden Apartments, FHA Project 
Number 121-11054, Oakland, California. The Multifamily West Regional 
Center 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: Dana Wade, General Deputy Assistant Secretary for 
Housing, H.
    Date Granted: July 25, 2017.
    Reason Waived: The Multifamily West Regional Center 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 California.
    Contact: Isabella Cabbagestalk, Supervisory Account Executive, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 6168, Washington, DC 20410, telephone (202) 
402-2535.

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 982.161(a)(3).
    Project/Activity: Stuttgart Housing Authority (SHA) in 
Stuttgart, Arkansas, requested a waiver of this regulation so that 
the SHA could continue its housing assistance payments contract with 
a City Councilman for the City of Stuttgart.
    Nature of Requirement: This regulation states that neither the 
public housing agency nor any of its contractors or subcontractors 
may enter into a contract or arrangement in connection with the 
tenant-based programs with any public official, member of a 
governing body, or State or local legislator who exercises functions 
or responsibilities with respect to the tenant-based programs during 
tenure or for one year thereafter.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: September 15, 2017.
    Reason Waived: This regulation was waived to avoid the hardship 
of requiring the assisted family to move. The assisted family was 
living in the unit prior to the mayoral election.
    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 982.207(b)(3).
    Project/Activity: The Housing Authority of the City of Augusta 
(HACA) in Augusta, Georgia, requested a waiver of this regulation to 
assist the State of Georgia in fulfilling the requirements set forth 
in the State of Georgia Americans with Disabilities Act/Section 504 
of the Rehabilitation Act Settlement Agreement with the Department 
of Justice, which stems from the Olmstead v. L.C. litigation.
    Nature of Requirement: This regulation allows a PHA t adopt a 
preference for admission of families that include a person with a 
disability. However, a PHA may not adopt a preference for the 
admission of persons with a specific disability.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: July 10, 2017.
    Reason Waived: This waiver allows the HACA to establish a 
limited preference in order to assist the State of Georgia comply 
with the remedial requirements stated in the Georgia Settlement 
Agreement.
    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 982.305(c)(4).
    Project/Activity: The Josephine Housing and Community 
Development Council (JHCDC) in Grants Pass, Oregon, requested a 
waiver of this regulation so that the JHCDC could pay a landlord 
from the period starting when the unit selected by the family passed 
the housing quality standards inspection.
    Nature of Requirement: This regulation states that any housing 
assistance payments (HAP) contract executed after 60 days from the 
beginning of the lease term is void and the PHA may not pay any HAP 
to the owner.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: July 10, 2017.
    Reason Waived: Due to unforeseen circumstances, this regulation 
was waived so that the family would not be responsible for the full 
amount of the rent since the beginning of the lease.
    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 982.305(c)(4).
    Project/Activity: The Washington County Department of Housing 
Services (WCDHS) in Hillsboro, Oregon, requested a waiver of this 
regulation so that the WCDHA could pay a landlord from the period 
starting when the unit selected by the family passed the housing 
quality standards inspection.
    Nature of Requirement: This regulation states that any housing 
assistance payments (HAP) contract executed after 60 days from the 
beginning of the lease term is void and the PHA may not pay any HAP 
to the owner.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: July 10, 2017.
    Reason Waived: Due to unforeseen circumstances, this regulation 
was waived so that the family would not be responsible for the full 
amount of the rent since the beginning of the lease.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Colorado Division of Housing (CDH) in Denver, 
Colorado, requested a waiver of 24 CFR 982.505(d) so that it could 
approve an exception payment standard amount above 120 percent of 
the fair market rents (FMR) as a reasonable accommodation.
    Nature of Requirement: This regulation 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: July 28, 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).

[[Page 5800]]

    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA) in Lost Angeles, California, requested a waiver of 24 CFR 
982.505(d) so that it could approve an exception payment standard 
amount above 120 percent of the fair market rents (FMR) as a 
reasonable accommodation.
    Nature of Requirement: This regulation 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 7, 2017.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled applicant 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: Mendocino County Community Development 
Commission (MCCDC) in Ukiah, California, requested a waiver of 24 
CFR 982.505(d) so that it could approve an exception payment 
standard amount above 120 percent of the fair market rents (FMR) as 
a reasonable accommodation.
    Nature of Requirement: This regulation 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: September 8, 2017.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled applicant 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: Boston Housing Authority (BHA) in Boston, 
Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rents (FMR) as a reasonable accommodation.
    Nature of Requirement: This regulation 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 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 983.391(f)(2)(ii).
    Project/Activity: The Florence Housing Authority (FHA) in 
Florence, Alabama, requested a waiver of this regulation so that the 
FHA could establish site-specific utility allowances in connection 
with four Rental Assistance Demonstration (RAD) sites.
    Nature of Requirement: This regulation states that the PHA may 
not establish or apply different utility allowance amounts for the 
project-based voucher (PBV) program. The same PHA utility allowance 
schedule applies to both the tenant-based and PBV programs.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: July 10, 2017.
    Reason Waived: This regulation was waived since due to utility 
efficient upgrades at four RAD projects, the consumption rates were 
less than projected by the FHA's tenant-based utility allowances
    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: Village of Greenport Housing Authority (VGHA) 
in Greenport, NY, 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 2, 2017.
    Reason Waived: This waiver was granted for the VGHA'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: Village of Greenport Housing Authority (VGHA) 
in Greenport, NY, 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 2, 2017.
    Reason Waived: This waiver was granted for the VGHA'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, 
(202) 708-0477.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: Housing Authority of the Town of Guttenberg 
(HATG) in Guttenberg, New Jersey, 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 2, 2017.
    Reason Waived: This waiver was granted for the HATG'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: Schoolcraft County Housing Commission (SCHC) 
in Manistique, Michigan, 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: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: August 7, 2017.

[[Page 5801]]

    Reason Waived: This waiver was granted for the SCHC'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 905.400(i)(5)(i).
    Project/Activity: Mississippi Regional Housing Authority No. V 
(MRHA) in Newton, MS.
    Nature of Requirement: PHAs use Replacement Housing Factor (RHF) 
grant funds for the development of replacement housing only.
    Granted by: Dominique Blom, General Deputy Assistant Secretary.
    Date Granted: August 18, 2017.
    Reason Waived: The waiver was granted to allow MRHA to use RHF 
grant funds for modernization. MRHA is currently under a Voluntary 
Compliance Agreement with HUD's Office of Fair Housing and Equal 
Opportunity to make Section 504 renovations to its properties. 
Recent funding cuts have made these renovations difficult to fund. 
The RHF grants total is not enough to develop replacement units. 
Instead, the MRHA will use these funds to contribute to the costs of 
Section 504 renovations on 30 units. In accordance with 24 CFR 
5.110, good cause exists, and HUD approves MRHA's request for a 
waiver of 24 CFR 905.400(i)(5)(i) for the use of RHF funds to pay 
for modernization work.
    Contact: Susan A. Wilson, Acting Deputy Assistant Secretary for 
the Office of Public Housing Investments, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 4130, Washington, DC 20140, telephone (202) 
402-4500.

     Regulation: 24 CFR 905.400(i)(5)(i).
    Project/Activity: The Edinburg Housing Authority (EHA) in 
Edinburg, TX.
    Nature of Requirement: PHAs use Replacement Housing Factor (RHF) 
grant funds for the development of replacement housing only.
    Granted by: Dominique Blom, General Deputy Assistant Secretary.
    Date Granted: August 21, 2017.
    Reason Waived: The waiver was granted to allow EHA to use RHF 
grant funds for modernization. EHA states having difficulties 
finding suitable development locations, which can be obtained at a 
reasonable price and in enough time to obtain HUD approval of a 
Development Proposal. EHA had similar problems developing with its 
First Increment RHF Funds. Most of the EHA's units are at least 40 
years old, and with decreasing Capital and Operating Funds, the 
housing authority is in need of modernization beyond its funding 
sources. EHA would therefore like to use its Second Increment RHF 
Funds to preserve its existing inventory, rather than develop new 
units. In accordance with 24 CFR 5.110, good cause exists, and HUD 
approves EHA's request for a waiver of 24 CFR 905.400(i)(5)(i) for 
the use of RHF funds to pay for modernization work.
    Contact: Susan A. Wilson, Acting Deputy Assistant Secretary for 
the Office of Public Housing Investments, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 4130, Washington, DC 20140, telephone (202) 
402-4500.

     Regulation: 24 CFR 905.400(i)(5)(i).
    Project/Activity: Decatur Housing Authority (DHA) in Decatur, 
IL.
    Nature of Requirement: PHAs use Replacement Housing Factor (RHF) 
grant funds for the development of replacement housing only.
    Granted by: Dominique Blom, General Deputy Assistant Secretary.
    Date Granted: August 22, 2017.
    Reason Waived: The waiver was granted to allow DHA to use RHF 
grant funds for modernization. The DHA has indicated that due to a 
misunderstanding in funding allocation for units eligible for RHF 
grants, the DHA can no longer conduct the activities approved in its 
2nd Increment RHF plan. The DHA will no longer receive its 
anticipated FY 2015 and 2016 2nd Increment grants (approximately 
$576,000). The DHA is left with a balance of $102,116.71 remaining 
in 2nd Increment RHF funds, which is not enough to construct 
replacement units. DHA will use the RHF funds to address the 
physical needs and make repairs of its existing units. This will 
enable DHA to increase the supply of affordable housing through 
increased occupancy. In accordance with 24 CFR 5.110, good cause 
exists, and HUD hereby approve DHA's request for a waiver of 24 CFR 
905.400(i)(5)(i) for the use of RHF funds to pay for modernization 
work.
    Contact: Susan A. Wilson, Acting Deputy Assistant Secretary for 
the Office of Public Housing Investments, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 4130, Washington, DC 20140, telephone (202) 
402-4500.

     Regulation: 24 CFR 905.400(i)(5)(i).
    Project/Activity: Springfield Housing Authority (SHA) in 
Springfield, TN.
    Nature of Requirement: PHAs use Replacement Housing Factor (RHF) 
grant funds for the development of replacement housing only.
    Granted by: Dominique Blom, General Deputy Assistant Secretary.
    Date Granted: August 22, 2017.
    Reason Waived: The waiver was granted to allow SHA to use RHF 
grant funds for modernization. SHA intended to use the RHF grants to 
construct a residential duplex. However, the combined funding is 
insufficient to construct the 2-bedroom duplex building. Rather than 
returning the funds, the SHA would use the RHF grants to install 
central heat and air in its existing units. This will assist in 
addressing its vacancy problem. In accordance with 24 CFR 5.110, 
good cause exists, and HUD hereby approve SHA's request for a waiver 
of 24 CFR 905.400(i)(5)(i) for the use of RHF funds to pay for 
modernization work.
    Contact: Susan A. Wilson, Acting Deputy Assistant Secretary for 
the Office of Public Housing Investments, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 4130, Washington, DC 20140, telephone (202) 
402-4500.

[FR Doc. 2018-02654 Filed 2-8-18; 8:45 am]
 BILLING CODE 4210-67-P