Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2018, 30761-30769 [2018-14082]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30761-30769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14082]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6101-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2018

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on January 1, 2018 and ending on March 31, 2018.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Department of Housing and Urban Development, 451 7th 
Street SW, Room 10276, Washington, DC 20410-0500, telephone 202-708-
3055 (this is not a toll-free number). Persons with hearing- or speech-
impairments may access this number through TTY by calling the toll-free 
Federal Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the first quarter of calendar year 2018.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
January 1, 2018 through March 31, 2018. 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 first quarter of calendar 
year 2018) before the next report is published (the second quarter of 
calendar year 2018), HUD will include any additional waivers granted 
for the first quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: June 21, 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 January 1, 2018 Through 
March 31, 2018

    Note to Reader:  More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.

    The regulatory waivers granted appear in the following order:
    I. Regulatory waivers granted by the Office of Community 
Planning and Development.
    II. Regulatory waivers granted by the Office of Housing.
    III. Regulatory waivers granted by the Office of Public and 
Indian Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

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

     Regulation: 24 CFR 91.15(a)(2).
    Project/Activity: Housing Trust Fund (HTF) Allocation Plan 
Submission Requirement.
    Nature of Requirement: The state of Nevada requested a waiver of 
24 CFR 91.15(a)(2) to permit the Department to accept the state's 
untimely Fiscal Year (FY) 2017 HTF allocation plan submission. The 
regulation at 24 CFR 91.15(a)(2) states that HUD will in no event 
accept a HTF allocation plan that is submitted after August 16.

[[Page 30762]]

    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: The state has a severe shortage of affordable 
housing units for extremely low-income households. Consequently, it 
is important that the state receive its FY 2017 HTF funds to develop 
decent safe affordable housing for households at or below 30% area 
median income. Further, the state is developing detailed procedures 
to ensure that all future HTF allocation plan submissions are 
submitted timely.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.214(a)(6)--HOME Prohibited 
Activities and Fees.
    Project/Activity: The city of Flint, Michigan, requested a 
waiver of 24 CFR 92.214(a)(6) to permit it to invest additional HOME 
funds in a troubled HOME-assisted project, Berridge Place, during 
the HOME period of affordability.
    Nature of Requirement: The regulation at 24 CFR 92.214(a)(6) 
prohibits a participating jurisdiction from investing additional 
HOME funds in a project previously assisted with HOME funds during 
the period of affordability established in the written agreement.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 5, 2018.
    Reason Waived: Without an additional $200,000 of HOME funds, 
Berridge Place is in jeopardy of default as project operating costs 
exceed revenue. An additional $200,000 of HOME funds will permit the 
project owner to pay-off existing debt and use the savings from the 
debt payment to fund a project replacement reserve. This waiver 
prevents the loss of 11 HOME-assisted units and the possible 
displacement of low-income residents.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The city of Salinas, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance 
established by local public housing agency (PHA) for a HOME-assisted 
project under construction--Moon Gate Plaza Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects for 
which HOME funds were committed on or after August 23, 2013.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: The HOME requirements for establishing utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: The county of Sonoma, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance 
established by local public housing agency (PHA) for a HOME-assisted 
project under construction--Crossroads Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects for 
which HOME funds were committed on or after August 23, 2013.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.254(a)(4)--Period of 
Affordability.
    Project/Activity: The state of Minnesota requested a waiver of 
24 CFR 92.254(a)(4) to allow it to reduce the period of 
affordability for two HOME-assisted projects that are no longer 
habitable, one due to fire and the other due to structural defects. 
In both instances, the properties had nearly met the required 
compliance period.
    Nature of Requirement: The regulation 24 CFR 92.252(e) requires 
that all HOME-assisted units remain affordable for a specified 
period following project completion based on the amount of HOME 
funds invested and type of activity.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: Without a waiver of the period of affordability, 
the state would be obligated to repay the HOME funds invested in the 
two properties. The Department determined that the state 
demonstrated due diligence by ensuring that the properties complied 
with HOME requirements during their useful lives, and the 
circumstances that rendered the properties uninhabitable were beyond 
the state's control.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 92.500(d)(2)(i)(C)--HOME Expenditure 
Requirement.
    Project/Activity: The city of Flint, Michigan, requested a 
waiver of 24 CFR 92.500(d)(2)(i)(C) for its Fiscal Year 2012 HOME 
expenditure deadline to provide additional time to expend HOME funds 
for its vulnerable population.
    Nature of Requirement: The regulation at 24 CFR 
92.500(d)(2)(i)(C) requires a participating jurisdiction to expend 
its annual allocation of HOME funds within five years after HUD 
notifies the participating jurisdiction that HUD has executed the 
jurisdiction's HOME Investment Partnership Agreement.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 5, 2018.
    Reason Waived: A waiver of the HOME expenditure deadline 
protects funds that HUD has agreed should be invested to make a 
financially-troubled HOME project, Berridge Place, sustainable for 
the duration of the HOME period of affordability. In addition, the 
waiver will ensure that needed funds are not deobligated and the 
city has sufficient funds to address other affordable housing needs 
in the city following the lead water crisis.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 10170, Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
91.115(c)(2) and (i), and 91.401 and 24 CFR 570.201(e)(1), 24 CFR 
570.207(b)(3), and 24 CFR 570.207(b)(4).
    Project/Activity: Santa Rosa, CA.
    Nature of Requirement: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
91.115(c)(2) and (i), and 91.401 and 24 CFR 570.201(e)(1), 24 CFR 
570.207(b)(3), and 24 CFR 570.207(b)(4) require a 30-day public 
comment period prior to the implementation of a substantial 
amendment, limit the amount of CDBG funds used for public services 
to no more than 15 percent of each grant plus 15

[[Page 30763]]

percent of program income received, prohibit CDBG funds from being 
used for the new construction of housing, and prohibit the use of 
CDBG funds for income payments except in the case of emergency grant 
payments made for up to three consecutive months to a service 
provider, respectively. Section 105(a) enumerates the eligible 
Community Development Block Grant activities and (a)(8) the 
limitation of no more than 15 percent of each grant to be used for 
public services.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: Santa Rosa was heavily impacted by the wildfires 
that started on October 9, 2017. A Presidentially-declared disaster 
declaration (FEMA-DR-4344) was issued on October 10, 2017. The 
waiver reduces the public comment period from thirty to seven days, 
allows the city of Santa Rosa to determine what constitutes 
reasonable notice to comment on the proposed amendments to its 
Consolidated Plan, relaxes new housing construction and 
reconstruction provisions, waives the 15 percent public service cap 
for two years, and extends emergency grant payments for individuals 
for up to six consecutive months. These waived CDBG requirements 
allow the city to expedite recovery efforts for low and moderate 
income residents affected by the wildfires; pay for additional 
support services for affected individuals and families, including, 
but not limited to, food, health, employment, and case management 
services to help county residents impacted by the fires; use CDBG 
funds for new housing construction to replace affordable housing 
units lost as a result of the fires and destruction; and enable the 
city to pay for the basic daily needs of individuals and families 
affected by the fires on an interim basis.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.

     Regulation: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
91.115(c)(2) and (i), and 91.401 and 24 CFR 570.201(e)(1), 24 CFR 
570.207(b)(3), and 24 CFR 570.207(b)(4).
    Project/Activity: Sonoma County, CA.
    Nature of Requirement: 24 CFR 91.105(c)(2) and (k) and 24 CFR 
91.115(c)(2) and (i), and 91.401 and 24 CFR 570.201(e)(1), 24 CFR 
570.207(b)(3), and 24 CFR 570.207(b)(4) require a 30-day public 
comment period prior to the implementation of a substantial 
amendment, limit the amount of CDBG funds used for public services 
to no more than 15 percent of each grant plus 15 percent of program 
income received, prohibit CDBG funds from being used for the new 
construction of housing, and prohibit the use of CDBG funds for 
income payments except in the case of emergency grant payments made 
for up to three consecutive months to a service provider, 
respectively.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 27, 2018.
    Reason Waived: Sonoma County was heavily impacted by the 
wildfires and mudslides that started on October 9, 2017. A 
Presidentially-declared disaster declaration (FEMA-DR-4344) was 
issued on October 10, 2017. The waiver reduces the public comment 
period from thirty to seven days, allows Sonoma County to determine 
what constitutes reasonable notice to comment on the proposed 
amendments to its Consolidated Plan, relaxes new housing 
construction and reconstruction provisions, waives the public 
service cap for 2018-2019 with a ceiling of 40 percent on public 
service expenditures, and extends emergency grant payments to 
individuals for up to six consecutive months. The waiver granted 
will allow the county to expedite recovery efforts for low and 
moderate income residents affected by the wildfires and subsequent 
mudslides; pay for additional support services for affected 
individuals and families, including, but not limited to, food, 
health, employment, and case management services to help county 
residents impacted by the fires; use CDBG funds for new housing 
construction to replace affordable housing units lost as a result of 
the fires and mudslides; and enable the county to pay for the basic 
daily needs of individuals and families affected by the fires on an 
interim basis.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.

     Regulation: 2 CFR 200.512(a)(1).
    Project/Activity: Extension of Submission Date for Single Audit 
Report. The municipalities in Puerto Rico are identified below.
    Nature of Requirement: The audit must be completed, and both the 
data collection form described in 2 CFR 200.512(b), and the 
reporting package described in 2 CFR 200.512(c), must be submitted 
to HUD within the earlier of 30 calendar days after receipt of the 
auditor's report, or nine months after the end of the audit period.
    Granted By: Stanley Gimont, Deputy Assistant Secretary for Grant 
Programs.
    Date Granted: See below.
    Reason Waived: Hurricanes Irma and Maria caused extensive damage 
to Puerto Rico's infrastructure, resulting in a loss of electricity 
and telecommunication services for an extended period of time over 
much of the Commonwealth of Puerto Rico. The Office of Management 
and Budget (OMB) issued a memorandum on October 26, 2017, granting 
agencies the flexibility to allow grantees located in a county or a 
parish where a major disaster has been declared under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.) as a result of Hurricanes Harvey, Irma and Maria ``to 
delay the completion and submission of the Single Audit report to 
twelve months beyond the normal due date.'' HUD is the cognizant 
agency for the municipalities identified below and has determined 
that it is appropriate to allow these municipalities a twelve-month 
extension of the Single Audit report submission requirements 
pursuant to the OMB memo.
    Contact: Gloria Coates, Senior Community Planning and 
Development Specialist, Office of Community Planning and 
Development, Department of Housing and Urban Development, Office of 
Block Grant Assistance, Entitlement Communities Division, 451 
Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 
708-1577.

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             Municipalities                    Date waiver granted
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Arecibo................................  March 14, 2018.
Aguadilla..............................  March 14, 2018.
Guayama................................  March 14, 2018.
Humacao................................  March 14, 2018.
Rio Grande.............................  March 14, 2018.
Toa Baja...............................  March 14, 2018.
Trujilla Alto..........................  March 14, 2018.
Vega Baja..............................  March 14, 2018.
Carolina...............................  March 21, 2018.
Juana Diaz.............................  March 21, 2018.
Toa Alta...............................  March 21, 2018.
Yauco..................................  March 21, 2018.
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     Regulation: 24 CFR 570.200(h).
    Project/Activity: On January 24, 2018, HUD issued CPD Notice 
#CPD-18-01 implementing procedures to govern the submission and 
review of consolidated plans and action plans for FY 2018 funding 
prior to the enactment of a FY 2018 HUD appropriation bill. These 
procedures apply to any Entitlement, Insular or Hawaii 
nonentitlement grantee with a program year start date prior to, or 
up to 60 days after, HUD's announcement of the FY 2018 formula 
program funding allocations for CDBG, ESG, HOME and HOPWA formula 
funding. Any grantee with an FY 2018 program year start date during 
the period starting October 1, 2017, and ending August 16, 2018, or 
60 days after HUD announcement of FY 2018 allocation amounts 
(whichever comes first), is advised not to submit its consolidated 
plan/action plan until the FY 2018 formula allocations have been 
announced.
    Nature of Requirement: The Entitlement CDBG program regulations 
provide for situations in which a grantee may incur costs against 
its CDBG grant prior to the award of its grant from HUD. Under the 
regulations, the effective date of a grantee's grant agreement is 
either the grantee's program year start date or the date that the 
grantee's annual action plan is received by HUD, whichever is later. 
This waiver allows grantees to treat the effective date of the FY 
2018 program year as the grantee's program year start date or date, 
or the date that the grantee's annual action plan is received by 
HUD, whichever is earlier.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 24, 2018, for effect on December 12, 2017.
    Reason Waived: Under the provisions of the Notice, a grantee's 
action plan may not be submitted to (and thus received by) HUD until 
several months after the grantee's program year start date. Lengthy 
delays in the receipt of annual appropriations by HUD,

[[Page 30764]]

and implementation of the policy to delay submission of FY 2018 
Action Plans, may have negative consequences for CDBG grantees that 
intend to incur eligible costs prior to the award of FY 2018 
funding. Some activities might otherwise be interrupted while 
implementing these revised procedures. In addition, grantees might 
not otherwise be able to use CDBG funds for planning and 
administrative costs of administering their programs. In order to 
address communities' needs and to ensure that programs can continue 
without disturbance, this waiver will allow grantees to incur pre-
award costs on a timetable comparable to that under which grantees 
have operated in past years. This waiver is available for use by any 
applicable CDBG grantee whose action plan submission is delayed past 
the normal submission date because of delayed enactment of FY 2018 
appropriations for the Department. This waiver authority is only in 
effect until August 16, 2018.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Block Grant Assistance, Office of Community and 
Planning Development, 451 Seventh Street SW, Room 7282, Washington, 
DC 20410, telephone (202) 708-1577.

     Regulation: 24 CFR 578.37(a)(1)(ii).
    Project/Activity: HUD granted a waiver of 24 CFR 
578.37(a)(1)(ii), for recipients in federally declared emergency and 
disaster areas within specified Continuums of Care in Texas, 
Louisiana, the U.S. Virgin Islands, Puerto Rico and Florida due to 
damages and related flooding sustained by Hurricanes Harvey, Irma, 
and Maria. The waiver permits rapid re-housing projects to provide 
up to 3 years of rental assistance to any program participants 
affected by the hurricanes or related flooding, including those 
already receiving rental assistance through a rapid re-housing 
project, as well as those who begin receiving rental assistance 
through a rapid re-housing project within two years after the date 
of this waiver.
    Nature of Requirement: Under 24 CFR 578.37(a)(1)(ii), rental 
assistance provided by rapid re-housing projects is limited to short 
and medium terms, which permit up to 3 months of rent, and 3 to 24 
months of rent, respectively. In addition, 24 CFR 
578.37(a)(1)(ii)(C) requires rapid re-housing projects to limit 
rental assistance to no more than 24 months to a household.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 3, 2018.
    Reason Waived: Waiving the 24-month cap on rapid re-housing 
rental assistance will assist individuals and families affected by 
the hurricanes and flooding, including those already receiving 
rental assistance, as well as those who will receive rental 
assistance within 2 years of the date of this waiver, to maintain 
stable permanent housing in another area and help them return to 
their hometowns, as desired, when additional permanent housing 
becomes available. It will also provide additional time to stabilize 
individuals and families in permanent housing where vacancy rates 
are extraordinarily low due to the hurricanes and flooding. 
Experience with prior disasters has shown us some program 
participants need additional months of rental assistance to identify 
and stabilize in housing of their choice, which can mean moving 
elsewhere until they are able to return to their hometowns.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

     Regulation: 24 CFR 578.3 and 24 CFR 578.51(l)(1).
    Project/Activity: HUD granted a waiver of 24 CFR 578.3 and 24 
CFR 578.51(l)(1) for recipients in federally declared emergency and 
disaster areas within specified Continuums of Care in Texas, 
Louisiana, the U.S. Virgin Islands, Puerto Rico and Florida due to 
damages and related flooding sustained by Hurricanes Harvey, Irma, 
and Maria. The waiver permits permanent housing assistance, 
including both rapid re-housing and permanent supportive housing, to 
be provided to a program participant who enters into a lease with an 
initial term of less than one year, so long as the program 
participant enters the lease during the next two years (beginning on 
the date of this waiver), the initial term of the lease is for more 
than one month, the lease is renewable for terms that are a minimum 
of one month long, and the lease is only terminable for cause.
    Nature of Requirement: The ``permanent housing'' definition at 
24 CFR 578.3 and the lease requirement for permanent housing rental 
assistance at 24 CFR 578.51(l)(1) require program participants to 
have a lease with an initial term of at least one year, which is 
renewable for terms that are a minimum of one month long and is 
terminable only for cause.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 3, 2018.
    Reason Waived: Waiving these provisions will allow program 
participants residing in affected permanent supportive housing and 
rapid re-housing units to enter into leases that have an initial 
term of less than one year, so long as the leases have an initial 
term of more than one month, are renewable for terms that are a 
minimum of one month long and are only terminable for cause. While 
some program participants desire to identify new housing, many 
program participants displaced during the hurricanes and flooding 
desire to return to their original permanent housing units when 
repairs are completed because of proximity to schools and access to 
public transportation and services. Experience with prior disasters 
has shown that waiving the one-year lease requirement will improve 
the permanent housing options available to program participants.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

     Regulation: 24 CFR 578.49(b)(2).
    Project/Activity: HUD granted a waiver of 24 CFR 578.49(b)(2) 
for recipients in federally declared emergency and disaster areas 
within specified Continuums of Care in Texas, Louisiana, the U.S. 
Virgin Islands, Puerto Rico and Florida due to damages and related 
flooding sustained by Hurricanes Harvey, Irma, and Maria. The FMR 
restriction in 24 CFR 578.49(b)(2) is waived for any rent amount 
that takes effect during the two-year period beginning on the date 
of this waiver. Affected recipients and subrecipients must still 
meet the rent standards in 24 CFR 578.49(b)(2) when leasing funds 
are used for individual housing units--the rent paid must be 
reasonable in relation to rents being charged for comparable units, 
taking into account the location, size, type, quality, amenities, 
facilities, and management services.
    Nature of Requirement: 24 CFR 578.49(b)(2) provides that when 
leasing funds are used to pay rent for individual housing units, the 
rent paid must be reasonable in relation to rents being charged for 
comparable units, the rent must not exceed rents currently being 
charged for comparable units, and the rent paid must not exceed HUD-
determined fair market rents.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 3, 2018.
    Reason Waived: Waiving this provision will allow recipients and 
subrecipients more flexibility in identifying housing options for 
program participants in the designated areas under FEMA-DR-4332, 
FEMA-EM-3382, FEMA-DR-4335, FEMA-DR-4336, FEMA-DR-4337, FEMA-DR-
4339, or FEMA-DR-4340. The rental markets in areas impacted by 
disasters are often more expensive after disasters due to decreased 
housing stock and increased rents. These more expensive rents are 
not reflected in the HUD-determined FMRs.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

     Regulation: 24 CFR 578.53(e)(2).
    Project/Activity: HUD granted a waiver of 24 CFR 578.53(e)(2) 
for recipients in federally declared emergency and disaster areas 
within specified Continuums of Care in Texas, Louisiana, the U.S. 
Virgin Islands, Puerto Rico and Florida due to damages and related 
flooding sustained by Hurricanes Harvey, Irma, and Maria. The waiver 
permits recipients to use supportive services funds for reasonable 
moving costs to move current program participants as well as anyone 
who becomes a program participant in the designated areas in FEMA-
DR-4332, FEMA-EM-3382, FEMA-DR-4335, FEMA-DR-4336, FEMA-DR-4337, 
FEMA-DR-4339, or FEMA-DR-4340 more than once within two years from 
the date of the waiver.
    Nature of Requirement: 24 CFR 578.53(e)(2) allows recipients of 
supportive services funds to provide reasonable moving assistance, 
including truck rental and hiring

[[Page 30765]]

a moving company, only one time per program participant.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 3, 2018.
    Reason Waived: Waiving this provision will permit recipients to 
pay for reasonable moving costs for program participants more than 
once and will assist program participants affected by hurricanes and 
flooding as well as those who become homeless in areas impacted by 
the flooding within two years of the date of this waiver to 
stabilize in housing locations of their choice. Many current program 
participants received assistance moving into their assisted units 
prior to being displaced by the hurricanes and flooding and 
experience with prior disasters has shown us some participants will 
need additional assistance moving to a new unit while others will 
need assistance moving back to their original units after repairs 
are completed. Further, until the housing market stabilizes, 
experience has shown many program participants will need to move 
more than once during their participation in a program to find a 
unit that best meets their needs.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

     Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1) 
to the State of Arizona. The waiver allows the state's subrecipient, 
U.S. Veterans Initiative, to provide rapid re-housing rental 
assistance in Yavapai County, AZ for units for which the total rent 
exceeds the Fair Market Rent (FMR) established by HUD, as provided 
under 24 CFR part 888. The FMR restriction is waived for rents up to 
110 percent of the FMR that are owed after the date of the waiver 
memorandum by individuals or families who begin receiving ESG rapid 
re-housing rental assistance during the one-year period beginning on 
the date of the waiver memorandum (January 3, 2018). However, the 
affected recipients and their subrecipients must still ensure that 
the units in which ESG assistance is provided to these individuals 
and families meet the rent reasonableness standard.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 3, 2018.
    Reason Waived: HUD granted the waiver to increase housing 
options for ESG program participants in Yavapai County, AZ being 
assisted by the State of Arizona's subrecipient, U.S. Veterans 
Initiative. Specifically, HUD determined that the rental vacancy 
rate in Yavapai County, AZ was very low, and the current FMRs did 
not reflect the actual rents being listed in the area, and U.S. Vets 
was experiencing difficulty providing much-needed short- and medium-
term rapid re-housing rental assistance to eligible participants.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

     Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1) 
to Sonoma County, California, which was included in disaster 
declaration FEMA-4344-DR. The waiver allows the county and its 
subrecipients to provide rental assistance for units for which the 
total rent exceeds the Fair Market Rent (FMR) established by HUD, as 
provided under 24 CFR part 888. The FMR restriction is waived for 
any rent amount that takes effect during the two-year period 
beginning on the date of the waiver memorandum (March 27, 2018) for 
any individual or family who is renting or executes a lease for a 
unit in the declared-disaster area. However, the affected recipients 
and their subrecipients must still ensure that the units in which 
ESG assistance is provided to these individuals and families meet 
the rent reasonableness standard.
    Nature of Requirement: Under 24 CFR 576.106(d)(1), rental 
assistance cannot be provided unless the total rent is equal to or 
less than the FMR established by HUD, as provided under 24 CFR part 
888, and complies with HUD's standard of rent reasonableness, as 
established under 24 CFR 982.507.
    Granted By: Neal Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 27, 2018.
    Reason Waived: HUD granted the waiver to expedite efforts to 
identify suitable housing units in the declared-disaster area for 
rent to ESG beneficiaries and ESG-eligible families that have been 
affected by the wildfires, and to provide assistance to families in 
the declared-disaster area that must rent units at rates that exceed 
the FMR. Specifically, HUD determined that the rental vacancy rate 
in areas affected by the wildfires is extraordinarily low, and 
waiving the FMR restriction will make more units available to 
individuals and families in need of permanent housing.
    Contact: Norm Suchar, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room 7262, Washington, DC 20410, telephone number (202) 708-4300.

     Regulation: 24 CFR 574.320(a)(2).
    Project/Activity: Santa Rosa, California HOPWA Program.
    Nature of Requirement: The regulation states that the grantee 
must establish rent standards for its tenant-based rental assistance 
(TBRA) programs based on Fair Market Rent (FMR). Generally, the TBRA 
payment may not exceed the difference between the rent standard and 
30 percent of the family's adjusted income.
    Granted By: Neal J. Rackleff, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 19, 2018.
    Reason Waived: This waiver of the FMR rent standard limit 
permits the HOPWA grantee to establish rent standards, by unit size, 
that are reasonable and based upon rents being charged for 
comparable unassisted units in the area, taking into account the 
location, size, type, quality, amenities, facilities, management and 
maintenance of each unit. The grantee, however, is required to 
ensure the reasonableness of rent charged for a unit in accordance 
with 24 CFR 574.320(a)(3).
    This waiver will expedite efforts to identify suitable housing 
units in the declared-disaster area (see FEMA-DR-4344) for rent to 
HOPWA beneficiaries and HOPWA-eligible families that have been 
affected by the wildfires, and to provide assistance to families in 
the declared-disaster area that must rent units at rates that exceed 
the HOPWA grantee's normal rent standard as calculated in accordance 
with 24 CFR 574.320(a)(2).
    Contact: Claire Donze, Management Analyst, Office of HIV/AIDS 
Housing, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7248, 
Washington, DC 20410, telephone (202) 402-2365.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

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

     Regulation: Section 2.1.9 of Mortgagee Letter 2011-22.
    Project/Activity: Partial Waiver of the provisions of Section 
2.1.9 of Mortgagee Letter 2011-22: Attachment 1: Of the Condominium 
Project Approval and Processing Guide pertaining to master/blanket 
hazard, flood, liability and other insurance requirements for the 
following condominium projects or housing developments that 
otherwise would not qualify for FHA insurance to be eligible for FHA 
insurance:
    [ssquf] Manufactured Housing Condominium Projects (MHCPs), which 
are detached manufactured homes subject to a condominium management 
structure, where all the land is owned commonly by all the owners in 
the development.
    [ssquf] Detached Condominium Housing Projects (DCHPs), where the 
land underneath the homes is subject to a long-term leasehold 
interest or owned by the Homeowners Association itself.
    [ssquf] Common Interest Housing Developments (CIHDs), which 
consists of multiple buildings, typically with 2-4 units in each 
building, and the units are structured with various ownership 
interests.
    Nature of Requirement: Section 2.1.9 of Mortgagee Letter 2011-
22: Attachment 1 of the Condominium Project Approval and

[[Page 30766]]

Processing Guide requires that the Homeowners Association, and not 
the unit owner, obtain hazard, flood, liability, and other 
insurance. The partial waiver continues an existing waiver, which 
allows certain types of condominium projects and housing 
developments to continue their approval and where required by condo 
legal documents, allow individual unit owners, instead of the 
Homeowner Associations to be responsible for obtaining insurance.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: February 7, 2018.
    Reason Waived: Without the partial waiver, MCHPs, DCHPs, and 
CIHDs condominium projects are ineligible for initial FHA approval 
or recertification and the ineligibility substantially reduces the 
available affordable housing stock. The risk to the Mutual Mortgage 
Insurance fund associated with the property insurance coverage in 
financing an individual unit within these projects is not greater 
than a unit within a subdivision, planned unit development or single 
family home.
    Contact: Elissa O. Saunders, Director, Office of Single Family 
Program Development, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 9278, Washington, DC 
20410-8000, telephone (202) 402-2378.

     Regulation: 24 CFR 200.73 (c).
    Project/Activity: Riverside Homes, Project Number TBD, 
Minneapolis, Minnesota. Dougherty Mortgage LLC have applied to HUD 
for mortgage insurance under Section 221(d) program to substantially 
rehabilitate Riverside Homes property as a single property.
    Nature of Requirement: The 24 CFR part 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.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: January 24, 2018.
    Reason Waived: The waiver was granted to allow Riverside Homes 
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 191 units, of which 103 are covered by Project-
Based Section 8 HAP contracts. There are 68 buildings that have less 
than five units; 10 of which are non-contiguous. In 1999, the 
Riverside Homes properties were consolidated into one project and 
all 74 buildings were acquired by the current owner. This is an 
affordable multifamily property consisting of 74 townhome, duplex 
and triplex buildings located in Cedar-Riverside neighborhood of 
Minneapolis, Minnesota. The borrower will obtain new 20-year HAP 
contract as part of this transaction and is seeking to consolidate 
the 103 units covered into one HAP contract.
    Contact: Patricia M. Burke, Acting Director, Office of 
Multifamily Production, HTD, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 6130, 
Washington, DC 20410, telephone (202) 402-5693.

     Regulation: 24 CFR 200.73(c).
    Project/Activity: Sterling Green Village Homes, FHA Project 
Number 114-11445, Channelview, Harris County, Texas. The owner and 
the proposed lender, AGM Financial Services, Inc. (``AGM) have 
applied to HUD for mortgage insurance under Section 223(f) program 
to refinance Sterling Green Village property as a single project.
    Nature of Requirement: The 24 CFR part 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.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: March 8, 2018.
    Reason Waived: The waiver was granted to allow Sterling Green 
Village Homes 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 150 one and two-story single-
family detached rental units built on several non-contiguous parcels 
of land scattered across several blocks in the Sterling Green 
Residential Subdivision. The 16.34-acre property was developed in 
1996 with 9% low-income housing tax credits and underwent renovation 
in 2014. The 150 rental units are in clusters across the subdivision 
on several parcels of land of varying sizes. There are 2 parcels 
that contain less than 5 units each; specifically, one parcel 
consists of 2 units and the other consists of 4 units. The property 
is managed and operated under one Management Office.
    Contact: Patricia M. Burke, Acting Director, Office of 
Multifamily Production, HTD, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 6130, 
Washington, DC 20410-8000, telephone (202) 402-5693.

    Regulation: 24 CFR 207.251(c), 207.258(b)(2), and 
207.258(b)(5)(ii).
    Project/Activity: Morehead Memorial Hospital, FHA Project Number 
053-13010, Eden, North Carolina.
    Nature of Requirement: 24 CFR 207.251(c), 207.258(b)(2), and 
207.258(b)(5)(ii) require that the lender, Berkadia., have a first 
lien on real estate in order for FHA to accept an assignment and pay 
a mortgage insurance claim.
    Granted By: Dana T. Wade, General Deputy Assistant Secretary for 
Housing.
    Date Granted: March 13, 2018.
    Reason Waived: A waiver was granted to enable Berkadia to 
successfully apply for mortgage insurance benefits. At the time the 
loan went into default, Berkadia held a mortgage that was secured by 
a first lien on real estate. Berkadia met the statutory requirements 
for claim payment, but before the claim could be processed, the 
Bankruptcy Court changed the nature of the first lien security for 
the insured mortgage such that Berkadia could not complete the 
assignment of a real estate lien.
    Specifically, according to the Bankruptcy Court's Order 
Authorizing and Approving the Sale, following the Section 363 sale, 
the Bankruptcy Court ordered that all liens, encumbrances, and other 
interests attach to the proceeds of the sale in the order of their 
priority, with the same validity, extent, force and effect that they 
had as of the closing date. The mortgage loan remains in default, 
and despite the sale of the hospital, the debt remains outstanding. 
Berkadia retained a first lien priority status to the sales proceeds 
and granting a waiver will allow Berkadia to file a claim in 
exchange for the assignment of the security to HUD.
    Contact: Paul Giaudrone, Underwriting Director, Office of 
Hospital Facilities, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room WOC, Washington, DC 
20410, telephone (202) 402-5684.

     Regulation: 24 CFR 232.7.
    Project/Activity: Lakeshore Woods Assisted Living Facility, FHA 
Project Number 044-22092, is an Assisted Living/Memory Care/
Traumatic Brain Injury facility. The facility does not meet the 
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations. The 
project is located in Fort Gratiot, Michigan.
    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 Assistant Secretary for 
Housing.
    Date Granted: January 30, 2018.
    Reason Waived: The project currently has a resident to shower 
ratio of 8:1, with a total of 6:1 after modifications to be funded 
from the FHA financing are complete. The memory care and traumatic 
brain injury residents require assistance with bathing. These 
residents are housed in units in a secure, lock-down area, with a 
half-bathroom each and access to the shower rooms through a hallway. 
The project meets the State of Michigan'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: Cross Healthcare, Assisted Living/Memory Care 
Facility, FHA Project Number 124-22033 is an assisted living/memory 
care scattered site project located on three separate parcels, with 
seven buildings. A number of the buildings do not meet the 
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations. The 
project is located in Idaho Springs, Idaho.
    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 Assistant Secretary for 
Housing.
    Date Granted: February 21, 2018.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the access to the showers are in a hallway in a

[[Page 30767]]

secure lock-down area. The resident to shower/bath ratio is as 
follows: Parcel #1: 5:1; Parcel #2: 6:1; Parcel #3: 8:1; For Parcel 
#3, one additional bathroom will be added to both buildings as a 
part of the financing, resulting in a 5:1 ratio. The memory care 
residents require assistance with bathing. The project meets the 
State of Idaho'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: Carrington Manor Assisted Living Facility, FHA 
Project Number 075-22140 is an assisted living/memory care facility. 
The facility does not meet the requirements of 24 CFR 232.7 
``Bathroom'' of FHA's regulations. The project is located in Green 
Bay, Wisconsin.
    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 Assistant Secretary for 
Housing.
    Date Granted: March 1, 2018.
    Reason Waived: The project is a two story facility, serving 
memory care residents on the first floor. On the memory care floor, 
the, the resident to shower ratio is 10:1. All rooms have half-
bathrooms and the access to the showers is through a hallway in a 
secure, lock-down area. The memory care residents require assistance 
with bathing. The project meets the State of Wisconsin'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: Fair Oaks Estates Assisted Living Facility, 
FHA Project Number 136-22062 is an assisted living/memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Carmichael, California.
    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 Assistant Secretary for 
Housing.
    Date Granted: March 1, 2018.
    Reason Waived: The project is a single-story assisted living 
facility, serving memory care residents in a secured area of the 
building. In the memory care section, there are two shower rooms to 
accommodate twenty memory care residents, or a resident to shower 
ratio of 10:1. All of these rooms have half-bathroom and access to 
the showers is through a hallway in a secure lock-down area. The 
memory care residents require assistance with bathing. The project 
meets the State of California's licensing requirements for bathing 
and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: Marla Vista Manor Assisted Living Facility, 
FHA Project Number 075-22142 is an assisted living/memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Green Bay, Wisconsin.
    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 Assistant Secretary for 
Housing.
    Date Granted: March 1, 2018.
    Reason Waived: The project is a single story facility, 
consisting of two attached buildings, one of which serves memory 
care residents. In the memory care building, the, the resident to 
shower ratio is 10:1. All rooms have half-bathrooms and the access 
to the showers is through a hallway in a secure, lock-down area. The 
memory care residents require assistance with bathing. The project 
meets the State of Wisconsin'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.

III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

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

     Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Palacios Housing Authority (TX378).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 3, 2018.
    Reason Waived: The Palacios Housing Authority (HA) requested 
``Relief from HUD Requirements Available to PHAs to Assist with 
Recovery and Relief Efforts on Behalf of Families Affected by 
Hurricanes Harvey, Irma and Future Natural Disasters Where Major 
Disaster Declarations Might Be Issued in 2017,'' FR-6050-N-01 
(October 6, 2017). The HA is recovering from damages related to 
Hurricane Harvey and located in Category C of the applicable Major 
Disaster Declaration. The HA serves Housing Choice Voucher Families 
in Palacios and will use the requested flexibilities to better 
assist families displaced by the recent natural disasters. 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 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Key West 
(FL013).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 3, 2018.
    Reason Waived: The HA requested ``Relief from HUD Requirements 
Available to PHAs to Assist with Recovery and Relief Efforts on 
Behalf of Families Affected by Hurricanes Harvey, Irma and Future 
Natural Disasters Where Major Disaster Declarations Might Be Issued 
in 2017,'' FR-6050-N-01 (October 6, 2017). The HA is recovering from 
damages related to Hurricane Irma and located in Category B of the 
applicable Major Disaster Declaration. The HA serves Housing Choice 
Voucher Families in Key West and will use the requested 
flexibilities to better assist families displaced by the recent 
natural disasters. 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 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Monroe County Housing Authority (FL144).
    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

[[Page 30768]]

months after the housing authority's (HA) fiscal year end (FYE), in 
accordance with the Single Audit Act and OMB Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 3, 2018.
    Reason Waived: The HA requested ``Relief from HUD Requirements 
Available to PHAs to Assist with Recovery and Relief Efforts on 
Behalf of Families Affected by Hurricanes Harvey, Irma and Future 
Natural Disasters Where Major Disaster Declarations Might Be Issued 
in 2017,'' FR-6050-N-01 (October 6, 2017). The HA is recovering from 
damages related to Hurricane Irma and located in Category B of the 
applicable Major Disaster Declaration. The HA serves Housing Choice 
Voucher Families in Monroe County and Key West, and will use the 
requested flexibilities to better assist families displaced by the 
recent natural disasters. 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 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Municipality of Coamo (RQ042).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 8, 2018.
    Reason Waived: The Municipality requested ``Relief from HUD 
Requirements Available to PHAs to Assist with Recovery and Relief 
Efforts on Behalf of Families Affected by Hurricanes Harvey, Irma 
and Future Natural Disasters Where Major Disaster Declarations Might 
Be Issued in 2017,'' FR-6050-N-01 (October 6, 2017). The 
Municipality is recovering from damages related to Hurricane Maria 
and located in Category C of the applicable Major Disaster 
Declaration. The Municipality serves Housing Choice Voucher Families 
in Coamo and will use the requested flexibilities to better assist 
families displaced by the recent natural disasters. 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 
Municipality is required to meet the Single Audit due date.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW, 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Municipality of Vega Alta (RQ056).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 8, 2018.
    Reason Waived: The Municipality requested ``Relief from HUD 
Requirements Available to PHAs to Assist with Recovery and Relief 
Efforts on Behalf of Families Affected by Hurricanes Harvey, Irma 
and Future Natural Disasters Where Major Disaster Declarations Might 
Be Issued in 2017,'' FR-6050-N-01 (October 6, 2017). The 
Municipality is recovering from damages related to Hurricane Maria 
and located in Category C of the applicable Major Disaster 
Declaration. The Municipality serves Housing Choice Voucher Families 
in Vega Alta and will use the requested flexibilities to better 
assist families displaced by the recent natural disasters. 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 
Municipality is required to meet the Single Audit due date.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW, 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Ottumwa Housing Authority (IA004).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: January 10, 2018.
    Reason Waived: The HA requested an extension to submit its FYE 
March 31, 2017, audited financial information. The HAs Board had 
cancelled the Auditor contract due to prior audit contained 
inconsistencies. A new auditor was contractor was selected, 
effective December 1, 2017. The HA was granted until February 18, 
2018, to submit its audited financial information to the Department. 
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 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Municipality of San Lorenzo (RQ037).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: March 9, 2018.
    Reason Waived: The Municipality neglected to select Section 3: B 
to be waived from the financial filing and reporting compliances 
pertained in FR-6050-N-01 (October 6, 2017). The Municipality is 
recovering from damages related to Hurricane Irma and located in 
Category C of the applicable Major Disaster Declaration. The 
Municipality serves Housing Choice Voucher Families in Puerto Rico 
and will use the requested flexibilities to better assist families 
displaced by the recent natural disasters. 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 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Municipality of Juana Diaz (RQ038).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: March 9, 2018.
    Reason Waived: The Municipality neglected to select Section 3: B 
to be waived from the financial filing and reporting compliances, 
pertained in FR-6050-N-01 (October 6, 2017). The Municipality is 
recovering from damages related to Hurricane Irma and located in 
Category C of the applicable Major Disaster Declaration. The

[[Page 30769]]

Municipality serves Housing Choice Voucher Families in Puerto Rico 
and will use the requested flexibilities to better assist families 
displaced by the recent natural disasters. 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 Section 985.101(a).
    Project/Activity: Port Lavaca Housing Authority (PLHA) of Port 
Lavaca, TX. The PLHA requested a waiver regarding submittal of its 
2017 Section Eight Management Assessment Program (SEMAP) due to 
being named a Major Disaster Declaration on August 25, 2017 within 
four days of the SEMAP due date.
    Nature of Requirement: 24 CFR Section 985.101(a) states that a 
public housing agency must submit the HUD-required SEMAP 
certification form within 60 calendar days after the end of its 
fiscal year of June 30th.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: March 20, 2018.
    Reason Waived: Due to the Major Disaster Declaration, the PLHA 
was unable to submit its SEMAP certification on time. The PLHA will 
carry over its SEMAP score from fiscal year 2016.
    Contact: Becky Primeaux, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 4210, Washington, 
DC 20410, telephone (202) 708-0477.

     Regulation: 24 CFR Sections 983.301(f)(2)(ii) and 
982.517.
    Project/Activity: County of Hawaii (CH) of Hilo, Hawaii. The CH 
requested a waiver regarding the use of a project-specific utility 
allowance schedule due to energy efficient appliances and water 
systems. Higher utility allowances would be wasteful.
    Nature of Requirement: 24 CFR Section 983.301(f)(2)(ii) provides 
that the same utility allowance in the tenant-based voucher program 
must be used for the project-based voucher program. Section 982.517 
provides that the utility allowance schedule must be determined 
based on the typical cost of utilities and services paid by energy 
conservative households that occupy housing of similar size and type 
in the same locality.
    Granted By: Dominique Blom, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: February 13, 2018.
    Reason Waived: This regulation was waived as a cost savings 
measure for four projects due to their energy conservation measures.
    Contact: Becky Primeaux, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 4210, Washington, 
DC 20410, telephone (202) 708-0477.

[FR Doc. 2018-14082 Filed 6-28-18; 8:45 am]
 BILLING CODE 4210-67-P