Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2019, 49327-49334 [2019-20250]

Download as PDF Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Pete Gaynor, Acting Administrator, Federal Emergency Management Agency. [Docket No. FR–6164–N–02] Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2019 [FR Doc. 2019–20284 Filed 9–18–19; 8:45 am] BILLING CODE 9111–23–P AGENCY: Office of the General Counsel, HUD. DEPARTMENT OF HOMELAND SECURITY ACTION: Notice. Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on April 1, 2019 and ending on June 30, 2019. FOR FURTHER INFORMATION CONTACT: For general information about this notice, contact Aaron Santa Anna, Acting Associate General Counsel for Legislation and Regulations, Department of Housing and Urban Development, 451 7th Street SW, Room 10282, Washington, DC 20410–0500, telephone 202–708–5300 (this is not a toll-free number). Persons with hearing- or speech-impairments may access this number through TTY by calling the tollfree Federal Relay Service at 800–877– 8339. For information concerning a particular waiver that was granted and for which public notice is provided in this document, contact the person whose name and address follow the description of the waiver granted in the accompanying list of waivers that have been granted in the second quarter of calendar year 2019. SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a new section 7(q) to the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), which provides that: 1. Any waiver of a regulation must be in writing and must specify the grounds for approving the waiver; 2. Authority to approve a waiver of a regulation may be delegated by the Secretary only to an individual of Assistant Secretary or equivalent rank, and the person to whom authority to waive is delegated must also have authority to issue the particular regulation to be waived; 3. Not less than quarterly, the Secretary must notify the public of all SUMMARY: Federal Emergency Management Agency [Internal Agency Docket No. FEMA–3415– EM; Docket ID FEMA–2019–0001] California; Amendment No. 1 to Notice of an Emergency Declaration Federal Emergency Management Agency, DHS. AGENCY: ACTION: Notice. This notice amends the notice of an emergency declaration for the State of California (FEMA–3415–EM), dated July 8, 2019, and related determinations. SUMMARY: This amendment was issued August 28, 2019. DATES: FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. Notice is hereby given that the incident period for this emergency is closed effective July 12, 2019. jbell on DSK3GLQ082PROD with NOTICES SUPPLEMENTARY INFORMATION: The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Pete Gaynor, Acting Administrator, Federal Emergency Management Agency. [FR Doc. 2019–20286 Filed 9–18–19; 8:45 am] BILLING CODE 9111–23–P VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 49327 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 April 1, 2019 through June 30, 2019. For ease of reference, the waivers granted by HUD are listed by HUD program office (for example, the Office of Community Planning and Development, the Office of Fair Housing and Equal Opportunity, the Office of Housing, and the Office of Public and Indian Housing, etc.). Within each program office grouping, the waivers are listed sequentially by the regulatory section of title 24 of the Code of Federal Regulations (CFR) that is being waived. For example, a waiver of a provision in 24 CFR part 58 would be listed before a waiver of a provision in 24 CFR part 570. Where more than one regulatory provision is involved in the grant of a particular waiver request, the action is listed under the section number of the first regulatory requirement that appears in 24 CFR and that is being waived. For example, a waiver of both § 58.73 and § 58.74 would appear sequentially in the listing under § 58.73. Waiver of regulations that involve the same initial regulatory citation are in E:\FR\FM\19SEN1.SGM 19SEN1 49328 Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices time sequence beginning with the earliest-dated regulatory waiver. Should HUD receive additional information about waivers granted during the period covered by this report (the second quarter of calendar year 2019) before the next report is published (the third quarter of calendar year 2019), HUD will include any additional waivers granted for the second quarter in the next report. Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice. Dated: September 12, 2019. J. Paul Compton Jr., General Counsel. APPENDIX Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development April 1, 2019 through June 30, 2019 jbell on DSK3GLQ082PROD with NOTICES Note to Reader: More information about the granting of these waivers, including a copy of the waiver request and approval, may be obtained by contacting the person whose name is listed as the contact person directly after each set of regulatory waivers granted. The regulatory waivers granted appear in the following order: I. Regulatory waivers granted by the Office of Community Planning and Development. II. Regulatory waivers granted by the Office of Fair Housing and Equal Opportunity. III. Regulatory waivers granted by the Government National Mortgage Association IV. Regulatory waivers granted by the Office of Housing. V. Regulatory waivers granted by the Office of Public and Indian Housing. I. Regulatory Waivers Granted by the Office of Community Planning and Development For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted. • Regulation: Section II.B.3.a of the NSP Unified Notice. Project/Activity: State of West Virginia’s Request to Amend Affordability Period for eight Units. Nature of Requirement: Consistent with the Housing and Economic Recovery Act of 2008 (HERA), which authorized NSP, the Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants, at 75 FR 64322, requires NSP grantees to ensure, to the maximum extent practicable and for the longest feasible term, that the sale, rental or redevelopment of abandoned and foreclosed NSP-assisted homes and residential properties remain affordable to individuals or families whose incomes do not exceed 120% of area median income. Further, the Notice, at section II.B.3.a, states grants must adopt, at a minimum, the HOME program standards in 24 CFR part 92 to comply with the continued affordability requirement. VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: This waiver will allow the state of West Virginia, using CDBG–DR funds, to redevelop the ground floor of a flooded NSP building for commercial or other non-residential uses. This will enable the state to lift the requirement that the first floor units remain residential, which could put them at risk for another flood. The state will also repair the utilities so that the third floor can once again serve as affordable housing, and will develop eight new affordable housing units at a different site. Contact: John Laswick, Deputy Director, Entitlement Communities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–4521. • Regulation: 24 CFR 51.104(b)(2). Project/Activity: Delamarre Apartments— Celebration, Florida. The construction of a mixed-use project to create 379 housing units of market-rate housing and a clubhouse under HUD’s Section 221(d)(4) mortgage insurance program. Nature of Requirement: The regulation at 24 CFR 51.104(b)(2) requires an environmental impact statement for projects in unacceptable noise zones. The Assistant Secretary may waive the EIS requirement in cases where noise is the only environmental issue and no outdoor noise sensitive activity will take place on the site. In such cases, an environmental review shall be made pursuant to the requirements of 24 CFR parts 50. Granted By: David C. Woll, Jr. Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: June 12, 2019. Reason Waived: The project will further the HUD mission and will advance HUD program goals to develop viable, sustainable communities and affordable housing. The construction of the units will adequately protect the interiors, and outdoor, noisesensitive uses will be protected by noise barriers to ensure HUD’s exterior noise goal. Based on the environmental assessments, no adverse environmental impact will result from this development in an unacceptable noise zone. Contact: Marcel Tchaou, Office of Environment and Energy, Office of Community Planning and Development, Department of Housing and Urban Development 451 Seventh Street SW, Room 7212, Washington, DC 20410, telephone (202) 402–7077. • Regulation: 24 CFR 91.105(c)(2); 24 CFR 91.105(k) and 24 CFR 91.115(c)(2) and 24 CFR 91.115(i)—30-day Public Comment Period for Consolidated Plan Amendment. Project/Activity: Hurricane Michael and subsequent flooding caused substantial damage to neighborhoods throughout Florida’s Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, Taylor, Wakulla, and Washington counties. Consequently, many individuals and families residing in the declared-disaster area were PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 affected, including the current beneficiaries of the Emergency Solutions Grants (ESG) Program and families eligible to receive ESG assistance. The state has inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. On October 19, 2018, the aforementioned Florida counties were included in a major disaster declaration (FEMA–DR–4399) under Title IV of the Stafford Act. Nature of Requirement: An ESG Program recipient may amend an approved consolidated plan in accordance with 24 CFR 91.505. Substantial amendments to the consolidated plan, such as the addition of new activities or a change in the use of ESG Program funds from one eligible activity to another, are subject to the citizen participation process in the recipient’s citizen participation plan. The citizen participation plan must provide citizens with 30 days to comment on substantial amendments. Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115 (c)(2) and (i) set forth the citizen participation plan requirements for local governments and states, respectively. For substantial amendments to the consolidated plan, the regulations require the recipient to follow its citizen participation plan to provide citizens, for both local government and state plans, and units of general local government, for state plans, with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: Given the need to expedite actions to respond to the disaster, HUD waives the 30-day public comment requirement of 24 CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the public comment period to seven days. In reducing the comment period to seven days, HUD is balancing the need to quickly assist families dealing with the aftereffects of the hurricane while continuing to provide reasonable notice and opportunity for citizens to comment on the proposed uses of ESG Program funds. In addition, HUD recognizes that the destruction wrought by Hurricane Michael makes it difficult for the recipient to provide notice to citizens in accordance with its citizen participation plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) to allow the recipient to determine what constitutes reasonable notice and opportunity to comment. 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 91.105(c)(2); 24 CFR 91.105(k) and 24 CFR 91.115(c)(2) and 24 CFR 91.115(i)—30-day Public Comment Period for Consolidated Plan Amendment. E:\FR\FM\19SEN1.SGM 19SEN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices Project/Activity: The California wildfires caused substantial damage to neighborhoods throughout Butte, Los Angeles, and Ventura counties. Consequently, many individuals and families residing in the declared-disaster area were affected, including the current beneficiaries of the ESG Program and families eligible to receive ESG assistance. The state inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. Nature of Requirement: An ESG Program recipient may amend an approved consolidated plan in accordance with 24 CFR 91.505. Substantial amendments to the consolidated plan, such as the addition of new activities or a change in the use of ESG Program funds from one eligible activity to another, are subject to the citizen participation process in the recipient’s citizen participation plan. The citizen participation plan must provide citizens with 30 days to comment on substantial amendments. Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115 (c)(2) and (i) set forth the citizen participation plan requirements for local governments and states, respectively. For substantial amendments to the consolidated plan, the regulations require the recipient to follow its citizen participation plan to provide citizens, for both local government and state plans, and units of general local government, for state plans, with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: Given the need to expedite actions to respond to the disaster, HUD waives the 30-day public comment requirement of 24 CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the public comment period to seven days. In reducing the comment period to seven days, HUD is balancing the need to quickly assist families dealing with the aftereffects of the wildfires while continuing to provide reasonable notice and opportunity for citizens to comment on the proposed uses of ESG Program funds. In addition, HUD recognizes that the destruction wrought by the California wildfires makes it difficult for the recipient to provide notice to citizens in accordance with its citizen participation plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) to allow the recipient to determine what constitutes reasonable notice and opportunity to comment. 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 91.105(c)(2) and 24 CFR 91.115(i). Project/Activity: Northern Mariana Islands’ Plan Amendments for use of CDBG funding. VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 Nature of Requirement: The citizen participation plan (part of the Consolidated Plan) must provide residents and units of general local government with reasonable notice and an opportunity to comment on consolidated plan substantial amendments. The citizen participation plan must provide a period, of not less than 30 calendar days, to receive comments on the consolidated plan substantial amendment before the consolidated plan substantial amendment is implemented. The waiver reduced this period to not less than seven days. Granted By: David C. Woll, Jr., Principal Deputy Assistant Secretary, Office of Community Planning and Development. Date Granted: January 29, 2019. Reason Waived: In reducing the comment period to seven, HUD is balancing the need to quickly assist families dealing with the after-effects of the tropical storm [FEMA– 4404–DR] while continuing to provide reasonable notice and opportunity for citizens to comment on the proposed uses of the Northern Mariana Islands’ CDBG funds. Contact: James Ho¨emann, Deputy Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–5716. • Regulation: 24 CFR 91.115(c)(2) and 24 CFR 91.115(i). Project/Activity: State of Nebraska’s Plan Amendments for use of CDBG funding. Nature of Requirement: The citizen participation plan (part of the Consolidated Plan) must provide residents and units of general local government with reasonable notice and an opportunity to comment on consolidated plan substantial amendments. The citizen participation plan must provide a period, of not less than 30 calendar days, to receive comments on the consolidated plan substantial amendment before the consolidated plan substantial amendment is implemented. The waiver reduced this period to not less than seven days. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: In reducing the comment period to seven, HUD is balancing the need to quickly assist families dealing with the after-effects of the flood [DR–4420] while continuing to provide reasonable notice and opportunity for citizens to comment on the proposed uses of the State of Nebraska’s CDBG funds. Contact: James Ho¨emann, Deputy Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–5716. • Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements. Project/Activity: Contra Costa County, California, requested a waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance established by its local public housing agency (PHA) for a HOME-assisted project—St. Paul’s Commons. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 49329 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: David C. Woll Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: June 18, 2019. 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 nonHOME assisted units in a project. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); and 24 CFR 576.105(b)(2)— Term limits on Rental Assistance and Housing Relocation and Stabilization Services. Project/Activity: Hurricane Michael and subsequent flooding caused substantial damage to neighborhoods throughout Florida’s Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, Taylor, Wakulla, and Washington counties. Consequently, many individuals and families residing in the declared-disaster area were affected, including the current beneficiaries of the ESG Program and families eligible to receive ESG assistance. The state has inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. On October 19, 2018, the aforementioned Florida counties were included in a major disaster declaration (FEMA–DR–4399) under Title IV of the Stafford Act. Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) prohibits a program participant from receiving more than 24 months of ESG rental assistance during any three-year period. Section 576.105(a)(5) prohibits a program participant from receiving more than 24 months of utility payments under ESG during any three-year period. Section 576.105(b)(2) limits the provision of housing stability case management to 30 days while the program participant is seeking permanent housing and 24 months while the program participant is living in permanent housing. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: Waiving the 24 month caps on rental assistance, utility payments, and housing stability case management E:\FR\FM\19SEN1.SGM 19SEN1 jbell on DSK3GLQ082PROD with NOTICES 49330 Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices assistance will assist individuals and families, both those already receiving assistance and those who will receive assistance subsequent to the date of this memorandum to maintain stable permanent housing in place or in another area and help them return to their hometowns, as desired, when additional permanent housing is available. 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(a); 24 CFR 576.105(a)(5); and 24 CFR 576.105(b)(2)— Term limits on Rental Assistance and Housing Relocation and Stabilization Services. Project/Activity: The California wildfires caused substantial damage to neighborhoods throughout Butte, Los Angeles, and Ventura counties. Consequently, many individuals and families residing in the declared-disaster area were affected, including the current beneficiaries of the ESG Program and families eligible to receive ESG assistance. The state inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) prohibits a program participant from receiving more than 24 months of ESG rental assistance during any three-year period. Section 576.105(a)(5) prohibits a program participant from receiving more than 24 months of utility payments under ESG during any three-year period. Section 576.105(b)(2) limits the provision of housing stability case management to 30 days while the program participant is seeking permanent housing and 24 months while the program participant is living in permanent housing. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: Waiving the 24 month caps on rental assistance, utility payments, and housing stability case management assistance will assist individuals and families, both those already receiving assistance and those who will receive assistance subsequent to the date of this memorandum to maintain stable permanent housing in place or in another area and help them return to their hometowns, as desired, when additional permanent housing is available. 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: Hurricane Michael and subsequent flooding caused substantial damage to neighborhoods throughout Florida’s Bay, Calhoun, Franklin, Gadsden, VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 Gulf, Holmes, Jackson, Leon, Liberty, Taylor, Wakulla, and Washington counties. Consequently, many individuals and families residing in the declared-disaster area were affected, including the current beneficiaries of the ESG Program and families eligible to receive ESG assistance. The state has inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. On October 19, 2018, the aforementioned Florida counties were included in a major disaster declaration (FEMA–DR–4399) under Title IV of the Stafford Act. 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: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: HUD has determined that the rental vacancy rate in affected areas after hurricanes is extraordinarily low. 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 (202) 708–4300. • Regulation: 24 CFR 576.106(d)(1). Project/Activity: The California wildfires caused substantial damage to neighborhoods throughout Butte, Los Angeles, and Ventura counties. Consequently, many individuals and families residing in the declared-disaster area were affected, including the current beneficiaries of the ESG Program and families eligible to receive ESG assistance. The state inquired about the availability of certain regulatory waivers of ESG Program requirements to facilitate recovery and assist individuals and families affected by the disaster. 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: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: HUD has determined that the rental vacancy rate in affected areas after the wildfires is extraordinarily low. 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, PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Department of Housing and Urban Development, 451 Seventh Street SW, Room 7262, Washington, DC 20410, telephone number (202) 708–4300. • Regulation: 24 CFR 578.23(c)(9) and 24 CFR 578.23(c)(10); Project/Activity: NY–603—Long Island Continuum of Care (CoC) Program reallocated 11 Permanent Supportive Housing (PSH) projects in the FY 2018 CoC Program Competition, which affects almost 300 program participants—many with disabilities, who face returning to homelessness. The interim rule requires certain documentation requirements and imposes eligibility requirements which severely limits potential available housing options for program participants to transfer into other CoC Program-funded projects. Nature of Requirement: 24 CFR 578.23(c)(9) and 24 CFR 578.23(c)(10) requires the recipient to sign a grant agreement under which they agree to use the centralized or coordinated assessment system established by the Continuum of Care as set forth in § 578.7(a)(8) and follow the written standards for providing Continuum of Care assistance developed by the Continuum of Care, including the minimum requirements set forth in § 578.7(a)(9). Section 578.7(a)(9)(v) requires these written standards to include policies and procedures for determining and prioritizing which eligible individuals and families will receive permanent supportive housing assistance. Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: May 31, 2019. Reason Waived: The waiver will permit program participants residing in PSH projects defunded in the FY 2018 CoC Program Competition permanent housing to be served by other CoC Program-funded projects by waiving prioritization requirements and allowing program participants to self-certify their homeless status at the time they entered the defunded PSH project. 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 578.3 and 24 CFR 578.51(l)(1). Project/Activity: Family Support Center of South Sound (FSCSS) provides program participants with Rapid Re-Housing (RRH) assistance that includes short- and mediumterm rental assistance, ranging from three months to nine months, while also providing supportive services to help increase participant income through employment and the acquisition of mainstream benefits. 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. E:\FR\FM\19SEN1.SGM 19SEN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: May 17, 2019. Reason Waived: FCSS states that the HUD rule requiring a lease term of at least one year creates an unintentional barrier for participant access to available housing units. Between July and December of 2018, FCSS documented a minimum of five households who identified a housing option but were denied by the landlord because of this requirement. Each of these participants had to restart their housing search and their episode of homelessness was extended because shorter lease term options were not allowable. Waiving these provisions will allow the recipient expedite voucher utilization and better coordinate with landlords in an area with low vacancy rates and housing providers that aren’t willing to enter into one-year lease agreements. Program participants residing in rapid re-housing units may 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. 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 578.3 and 24 CFR 578.51(l)(1). Project/Activity: Home Forward administers six projects that provides permanent supportive housing projects that provide rental assistance on behalf of program participants with disabilities and experiencing chronic homelessness in the Multnomah County, OR region. 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: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 18, 2019. Reason Waived: This jurisdiction has incredibly low vacancy rates ranging from 2.87 to 4.37 percent over the past couple years. In addition, rents in this area have increased at a rate of 6.37 to 10.5 percent in comparison to a national average of 1.4 to 3.5 percent annually. Finding affordable housing units in a market where many landlords have expressed a preference for entering into lease agreements with terms of less than one year is a challenge. Waiving these provisions will allow the recipient to better coordinate with landlords in an area with low vacancy rates and housing providers that aren’t willing to enter into one-year lease agreements. Program participants residing in permanent supportive housing units may enter into VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 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. 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 578.3 and 24 CFR 578.51(l)(1). Project/Activity: Los Angeles Homeless Services Authority administers four projects that provides program participants with RRH assistance and supportive services to help increase participant income through employment and the acquisition of mainstream benefits. 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: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: April 11, 2019. Reason Waived: The Los Angeles Metro area is the most cost-burdened in the United States. According to the Joint Center for Housing Studies, 48 percent of all residents in Los Angeles County pay more than 30 percent of their income on rent and 82 percent of the lowest income residents pay more than 50 percent of their income on rent. Additionally, according to the U.S. Census Bureau 2016 American Community Survey, the rental vacancy rate for Los Angeles was 2.0 percent. Landlords are also refusing to accept households experiencing homelessness served by these agencies because of the 12-month lease requirement while they are accepting other households with similar characteristics and backgrounds that are not enrolled in their projects. Waiving these provisions will allow the recipient expedite voucher utilization and better coordinate with landlords in an area with low vacancy rates and housing providers that aren’t willing to enter into one-year lease agreements. Program participants residing in rapid re-housing units may 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. 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 578.103(a)(4). Project/Activity: NY–603–Long Island CoC reallocated 11 Permanent Supportive Housing (PSH) projects in the FY 2018 CoC PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 49331 Program Competition, which affects almost 300 program participants—many with disabilities, who face returning to homelessness. The interim rule requires certain documentation requirements and imposes eligibility requirements which severely limits potential available housing options for program participants to transfer into other CoC Program-funded projects. Nature of Requirement: This requirement establishes a prescriptive process for verifying and documenting a person’s ‘‘chronically homeless’’ status and only allows for self-certification if the preferred evidence has proved unobtainable, and the intake worker’s due diligence to obtain the preferred evidence has been documented Granted By: David C. Woll, Jr., Acting Assistant Secretary for Community Planning and Development. Date Granted: May 31, 2019. Reason Waived: The prescriptive requirements for verifying and documenting ‘‘chronically homeless’’ status were written for persons presenting as chronic homeless at time of initial intake, when the preferred evidence under the rule would most likely be available and obtainable. The requirements were not meant to be applied to years-long residents of permanent supportive housing who only now are being asked for evidence they were chronically homeless when they entered their permanent supportive housing. It seems overly burdensome to require these persons or their intake workers to dig around for the preferred evidence now—as many as ten years after the person was homeless. In this case, the time and costs required to dig up the preferred evidence at this point outweighs the extra assurance any evidence obtainable at this point would provide over a self-certification. 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. II. Regulatory Waivers Granted by the Office of Fair Housing and Equal Opportunity For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR Sec 115.305. Project/Activity: Fair Housing Assistance Program, Washington, DC. Nature of Requirement: FHEO is providing an Enforcement Fund under existing SEE fund authority set forth at 24 CFR Sec 115.305 for the purpose of providing financial assistance to FHAP agencies struggling with litigation costs. SEE funds are funds that HUD may provide to a FHAP agency to support enforcement activities of the FHAP agency’s fair housing law. SEE funds are limited by regulation to 20 percent of an agency’s total FHAP cooperative agreement for the previous contract year. Granted By: Anne Maria Farı´as, Assistant Secretary for Fair Housing and Equal Opportunity. Date Granted: March 25, 2019. Reason Waived: Waiver of the 20 percent limitation on SEE funds for eligible FHAP E:\FR\FM\19SEN1.SGM 19SEN1 49332 Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES agencies whose total cooperative agreement for fiscal year 2018 was less than $300,000. This allows more meaningful support for small and medium-sized agencies. Contact: Joseph A. Pelletier, Director, Fair Housing Assistance Division, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 Seventh Street SW, Room 5206, Washington, DC 20410, telephone (202) 402–2126. III. Regulatory Waivers Granted by the Office of Government National Mortgage Association 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 330.20(a)(2)(i)(D). Project/Activity: BofA Securities, Inc. (BofAS) eligibility for approval as a sponsor of Ginnie Mae guaranteed structured securities. Nature of the Requirement: The regulation at 24 CFR 330.20(a)(2)(i)(D) establishes certain eligibility requirements for an entity applying for approval as a Ginnie Mae Sponsor. An applicant must have at least $250 million in shareholders’ equity or partners’ capital evidenced by the sponsor’s audited financial statements, which must have been issued within the preceding 12month period. Granted By: Maren M. Kasper, Acting President, Ginnie Mae. Date Granted: April 24, 2019. Reason Waived: The new broker-dealer entity BofA Securities is a wholly-owned, indirect subsidiary of Bank of America Corporation and an affiliate of Merrill, Lynch, Pierce, Fenner & Smith Inc. (MLPF&S), an active sponsor in Ginnie Mae’s Multiclass Securities Program. Due to a reorganization, MLPF&S will stop sponsoring Ginnie Mae deals and its team leading Ginnie Mae’s Multiclass deals will be transferred to BofAS. This new entity meets the minimum required amount of $250 million in shareholders’ equity or partners’ capital but cannot provide an audited financial statement reflecting this amount issued in the preceding 12 months due to it being a new operating entity. BofAS has agreed to assume responsibility for the legacy Ginnie Mae assets currently under MLPF&S and Bank of America has provided assurances for liability. This is a special situation where Ginnie Mae has found good cause to issue a one-time waiver of the requirement for an applicant for approval as a sponsor to submit an audited financial statement issued within the preceding 12-month period that evidences the minimum required amount in shareholders’ equity or partners’ capital. Contact: Richard Perrelli, Product Manager Multiclass Securities, Office of Capital Markets, Government National Mortgage Association, Department of Housing and Urban Development, 425 Third St. SW, 4th FL, Washington, DC 20024, telephone (202) 475–7992. IV. 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 VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR 200.73(c). Project/Activity: Kenmore Commons, FHA Project Number 042–35722, Cleveland, Ohio. The subject project has two phases consisting of 17 scattered sites with 25 buildings containing a combined 102 units; however, 12 of the 25 buildings have less than 5 units. All 102 units are covered by Section 8 HAP Contracts and will continue the affordability restriction via a 30-year affordable use Regulatory Agreement with the Ohio Housing Finance Agency. The lender, Bellwether Enterprise Real Estate Capital, LLC is seeking FHA financing to substantially renovate 102 affordable units. 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 noncontiguous parcels of land when the parcels comprise one marketable, manageable real estate entity and each parcel (or combination of contiguous parcels) has at least 5 units. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: June 17, 2019. Reason Waived: The waiver was granted to allow preservation of 102 units that are 100% affordable, where there is a high demand for affordable housing in the Hough neighborhood near downtown Cleveland, OH. This project constitutes one manageable and marketable property. Contact: Patricia M. Burke, Acting Director Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 5693. • Regulation: 24 CFR 200.73(c). Project/Activity: Riverside Park Homes, FHA Project Number 042–11324, Cleveland, Ohio. The subject project consists of 20 buildings containing a combined 90 units; however, 18 of the 20 buildings have less than 5 units. The lender, Orix Real Estate Capital, LLC is seeking FHA financing to renovate 90 affordable units. 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 noncontiguous parcels of land when the parcels comprise one marketable, manageable real estate entity and each parcel (or combination of contiguous parcels) has at least 5 units. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: June 17, 2019. Reason Waived: The waiver was granted to allow preservation of 90 units that are 100% affordable with a Rental Assistance Demonstration (RAD) conversion. In addition, a provision of a new 20-year Housing Assistance Payment (HAP) contract. This project constitutes one manageable and marketable property. Contact: Patricia M. Burke, Acting Director Office of Multifamily Production, Office of Housing, Department of Housing and Urban PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 5693. • Regulation: 24 CFR 232.7. Project/Activity: Summit Carolina Manor, FHA Project Number 075–22141, and Applewood Our Hose, FHA Project Number 101–22143 are Assisted Living/Memory Care facilities, which do not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. Summit Carolina Manor is located in Appleton, Wisconsin. Applewood Our House is located on five scattered sites in the suburbs of Denver, Colorado. 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: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: May 17, 2019. Reason Waived: The two projects both currently exceed the 4:1 resident to shower ratio. Each project only serves memory care residents who require assistance with bathing. These residents are housed in units in a secure, lock-down area, with a halfbathroom each and access to the shower rooms through a hallway. The projects meet the States’ licensing requirements for bathing and toileting facilities. The projects will benefit from a refinance at reduced interest rates. As part of the refinancing, an additional bathroom is being added to one of the Applewood sites, which would bring the building’s ratio of residents to full baths to 4:1. Contact: John M. Hartung, Policy Division Director, Office of Residential Care Facilities, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 6264, Washington, DC 20401, telephone (202) 402–5377. • Regulation: 24 CFR 266.200(b)(2). Project/Activity: 542(c) Risk-Sharing Program regulations waiver was granted on February 7, 2019 for forty (40) projects through the end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter by September 30, 2019) for the revised definition of Substantial Rehabilitation published in the MAP Guide on January 16, 2016, to the Massachusetts Housing Finance Agency (MassHousing), Boston, MA, no project names listed. Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2), Substantial Rehabilitation. The Department will permit the revised definition of substantial rehabilitation (S/R) as described in the revised MAP Guide published on January 29, 2016, such that S/R is: Any scope of work that either (a) Exceeds in aggregate cost a sum equal to the ‘base per dwelling unit limit’ times the applicable High Cost Factor, or (b) Replacement of two or more building systems. ‘Replacement’ is when the cost of replacement work exceeds 50 percent of the cost of replacing the entire system. The High Cost Factors for 2017 were recently published through a Housing Notice E:\FR\FM\19SEN1.SGM 19SEN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices (HN) on August 31, 2017 and the revised statutory limits were recently published in the Federal Register on November 7, 2017. The 2017 base dwelling unit amount to determine substantial rehabilitation for FHA insured loan programs has been increased from $15,000 (changed from $6,500 per unit in the 2016 MAP guide) to $15,315. This amount will change annually based upon the change in the annual Consumer Price Index (CPI), along with the statutory limits or other inflation cost index published by HUD. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: June 18, 2019. Reason Waived: MassHousing has been working with developers to finalize financing proposals; however, they will not be able to process all forty (40) projects before the end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter by September 30, 2019). By granting the extension of the waiver to the end of fiscal year 2021 (September 30, 2021), it will allow enough time to complete the process. Contact: Patricia M. Burke, Acting Director Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 5693. • Regulation: 24 CFR 266.200(c)(2). Project/Activity: Section 542(c) RiskSharing Program regulations waiver was granted on February 7, 2019 for forty (40) projects through the end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter by September 30, 2019) for the revised definition of Substantial Rehabilitation published in the MAP Guide on January 16, 2016, to the Massachusetts Housing Finance Agency (MassHousing), Boston, MA, no project names listed. Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2), Existing Projects ‘‘Equity Take-outs’’. The Department will permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs, or ‘‘equity take-outs’’ in refinances of MassHousing-financed projects and those outside MassHousing’s portfolio if the result is preservation with the following conditions: 1. Occupancy is no less than 93 percent for previous 12 months; 2. No defaults in the last 12 months of the HFA loan to be refinanced; 3. A 20-year affordable housing deed restriction placed on title that conforms to the Section 542(c) statutory definition; 4. A Property Capital Needs Assessment (PCNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and 5. For projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts: a. Owner agrees to renew HAP contract(s) for 20-year term, (subject to appropriations and statutory authorizations, etc.), and b. In accordance with regulations in 24 CFR 883.306(e), and Housing Notice 2012– 14—Use of ‘‘New Regulation’’ Section 8 Housing Assistance Payments (HAP) Contracts Residual Receipts of Offset Project- VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 Based Section 8 Housing Assistance Payments, if at any time MHP determines that a project’s excess funds (surplus cash) after project operations, reserve requirements and permitted distributions are met, MHP must place the excess funds into a separate interest-bearing account. Upon renewal of a HAP Contract the excess funds can be used to reduce future HAP payments or other project operations/purposes. When the HAP Contracts expires, is terminated, or any extensions are terminated, any unused funds remaining in the Residual Receipt Account at the time of the contract’s termination must be returned to HUD. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: June 18, 2019. Reason Waived: MassHousing has been working with developers to finalize financing proposals; however, they will not be able to process all forty (40) projects before the end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter by September 30, 2019). By granting the extension of the waiver to the end of fiscal year 2021 (September 30, 2021), it will allow enough time to complete the process. Contact: Patricia M. Burke, Acting Director Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 5693. V. 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. Project/Activity: Coshocton Metropolitan Housing Authority (OH037). 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: R. Hunter Kurtz, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: June 14, 2019. Reason Waived: The Coshocton Metropolitan Housing Authority (HA) requested to waive the reporting requirements for submitting its audited financial information to extend the due date of its fiscal year end date of (FYE) June 30, 2018, because the HUD Office of Inspector General (HUDOIG) is in possession of most of the HA’s records, due to an ongoing investigation into the HA and its employees. As a result, the Auditor of the State of Ohio had instructed the HA’s independent auditor to hold the audit report until the HUDOIG investigation is completed. Accordingly, the HA was granted a six-month extension, until September 30, 2019, to complete and submit its FYE June 30, 2018, audited financial data to the Department. This Financial Assessment Subsystem (FASS) audited PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 49333 waiver (extension) does not apply to Single Audit submissions required by the Federal Audit Clearinghouse. Contact: Dee Ann R. Walker, 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 983.301(f)(2)(ii). Project/Activity: New York City Housing Authority in New York, New York, requested a waiver of 24 CFR 983.301(f)(2)(ii) to establish a site-specific utility allowance for all project-based voucher units at Hope Gardens. Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) states that the PHA may not establish or apply different utility allowance amounts for the PBV program. The same PHA utility allowance schedule applies to both the tenant-based and PBV programs. Granted By: R. Hunter Kurtz, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: April 16, 2019. Reason Waived: New York City Housing Authority has demonstrated that the utility allowance provided under the HCV Program would discourage conservation and ultimately lead to inefficient use of HAP funds at Hope Gardens. 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 983.301(f)(2)(ii). Project/Activity: Schenectady Housing Authority in Schenectady, New York requested a waiver of 24 CFR 983.301(f)(2)(ii) to establish a site-specific utility allowance for all project- based voucher units at Yates Village Phase I. Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) states that the PHA may not establish or apply different utility allowance amounts for the PBV program. The same PHA utility allowance schedule applies to both the tenant-based and PBV programs. Granted By: R. Hunter Kurtz, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: April 16, 2019. Reason Waived: Schenectady Housing Authority has demonstrated that the utility allowance provided under the HCV Program would discourage conservation and ultimately lead to inefficient use of HAP funds at Yates Village Phase I. 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 982.503(b)(1)(i). Project/Activity: The Housing Authority of Pittsburgh, in Pittsburgh Pennsylvania requested a waiver of 24 CFR 982.503(b)(l)(i). E:\FR\FM\19SEN1.SGM 19SEN1 jbell on DSK3GLQ082PROD with NOTICES 49334 Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / Notices Nature of Requirement: The regulation states that the PHA may establish the payment standard amount for a unit size at any level between 90 percent and 110 percent of the published FMR for that unit size. HUD approval is not required to establish a payment standard amount in that range (‘‘basic range’’). The PHA must revise the payment standard amount no later than 3 months following the effective date of the published FMR if a change is necessary to stay within the basic range. Granted By: R. Hunter Kurtz, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: April 16, 2019. Reason Waived: This waiver was approved, taking into account the administrative burden HACP would face if it were to implement SAMFRs, only to then receive HUD approval of an alternative payment standards policy. 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 983.156(b). Project/Activity: Boise City Housing Authority, in Boise, Idaho, requested a waiver of 24 CFR 983.156(b) requesting approval to enter into a PBV HAP contract. Nature of Requirement: The regulation 24 CFR 983.156(b) states that if the PHA determines that the housing has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract. Granted By: R. Hunter Kurtz, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: June 11, 2019. Reason Waived: This waiver was approved due to a Government Shutdown which caused a delay in the PBV Contract execution. 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: [PIH please insert info]. Project/Activity: The San Antonio Housing Authority in San Antonio, Texas, requested a waiver of FR–5596–N Section II.j. to approve MTW flexibilities for its HUD– VASH participants in terms of regulatory relief and flexibility. Nature of Requirement: The regulation FR 5596–N Section II.j. states HUD–VASH vouchers must be administered in accordance with this notice and are not eligible for fungibility under a PHA’s MTW agreements. HUD–VASH vouchers must be reported on separately from vouchers under the agency’s MTW Agreement. Granted By: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. VerDate Sep<11>2014 17:30 Sep 18, 2019 Jkt 247001 Date Granted: June 13, 2019. Reason Waived: This waiver was approved because the Department determined that as described the MTW flexibilities do not have a negative impact on HUD–VASH participants and better serve HUD–VASH families. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, telephone (202) 708–0477. [FR Doc. 2019–20250 Filed 9–18–19; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–6179–D–01] Order of Succession for the Office of the Chief Financial Officer AGENCY: ACTION: Office of the Secretary, HUD. Notice of Order of Succession. In this notice, the Secretary designates the Order of Succession for the Office of the Chief Financial Officer. Today’s Order of Succession supersedes all prior Orders of Succession for the Office of the Chief Financial Officer. SUMMARY: DATES: September 12, 2019. FOR FURTHER INFORMATION CONTACT: Michelle Hollins, Director, Office of the Chief Financial Officer Management Staff, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 Seventh Street SW, Room 3120, Washington, DC 20410, telephone number 202–402–2322 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay at 800–877– 8339 (this is a toll-free number). The Secretary is issuing this Order of Succession of officials authorized to perform the functions and duties of the Office of the Chief Financial Officer when—by reason of absence, disability, or vacancy in office—the Chief Financial Officer is not available to exercise the powers or perform the duties of the office. This Order of Succession is subject to the provisions of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345–3349d). Today’s publication supersedes all prior Orders of Succession for the Office of the Chief Financial Officer. Accordingly, the Secretary designates the following Order of Succession: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 Section A. Order of Succession Subject to the provisions of the Federal Vacancies Reform Act of 1998, during any period when—by reason of absence, disability, or vacancy in office—the Chief Financial Officer is not available to exercise the powers or perform the duties of the Chief Financial Officer the following officials within the Office of the Chief Financial Officer are hereby designated to exercise the powers and perform the duties of the office: (1) Deputy Chief Financial Officer. (2) Assistant Chief Financial Officer for Budget. (3) Assistant Chief Financial Officer for Accounting. (4) Assistant Chief Financial Officer for Systems. (5) Assistant Chief Financial Officer for Financial Management. (6) Director, Fort Worth Accounting Center. (7) Director, Funds Control Division, Fort Worth Accounting Center. (8) Director, Payments and Collection Division, Fort Worth Accounting Center. (9) Branch Chief, Intragovernmental, Collection and General Ledger Reconciliation Branch, Payments and Collection Division, Fort Worth Accounting Center. These officials shall perform the functions and duties of the office in the order specified herein, and no official shall serve unless all the other officials whose positions titles precede his/hers in this order are unable to act by reason of absence, disability, or vacancy in office. No individual who is serving in an office listed above in an acting capacity shall act as the Chief Financial Officer pursuant to this Order of Succession. Section B. Authority Superseded This Order of Succession supersedes any prior Orders of Succession for the Chief Financial Officer. Authority: Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d). Dated: September 12, 2019. Benjamin S. Carson, Sr., Secretary. [FR Doc. 2019–20226 Filed 9–18–19; 8:45 am] BILLING CODE 4210–67–P E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49327-49334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20250]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6164-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2019

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on April 1, 2019 and ending on June 30, 2019.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Acting Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500, 
telephone 202-708-5300 (this is not a toll-free number). Persons with 
hearing- or speech-impairments may access this number through TTY by 
calling the toll-free Federal Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 2019.

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 April 
1, 2019 through June 30, 2019. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in

[[Page 49328]]

time sequence beginning with the earliest-dated regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the second quarter of 
calendar year 2019) before the next report is published (the third 
quarter of calendar year 2019), HUD will include any additional waivers 
granted for the second quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: September 12, 2019.
J. Paul Compton Jr.,
General Counsel.

APPENDIX

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development April 1, 2019 through June 
30, 2019

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

    The regulatory waivers granted appear in the following order:
    I. Regulatory waivers granted by the Office of Community 
Planning and Development.
    II. Regulatory waivers granted by the Office of Fair Housing and 
Equal Opportunity.
    III. Regulatory waivers granted by the Government National 
Mortgage Association
    IV. Regulatory waivers granted by the Office of Housing.
    V. Regulatory waivers granted by the Office of Public and Indian 
Housing.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: Section II.B.3.a of the NSP Unified Notice.
    Project/Activity: State of West Virginia's Request to Amend 
Affordability Period for eight Units.
    Nature of Requirement: Consistent with the Housing and Economic 
Recovery Act of 2008 (HERA), which authorized NSP, the Notice of 
Formula Allocations and Program Requirements for Neighborhood 
Stabilization Program Formula Grants, at 75 FR 64322, requires NSP 
grantees to ensure, to the maximum extent practicable and for the 
longest feasible term, that the sale, rental or redevelopment of 
abandoned and foreclosed NSP-assisted homes and residential 
properties remain affordable to individuals or families whose 
incomes do not exceed 120% of area median income. Further, the 
Notice, at section II.B.3.a, states grants must adopt, at a minimum, 
the HOME program standards in 24 CFR part 92 to comply with the 
continued affordability requirement.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: This waiver will allow the state of West 
Virginia, using CDBG-DR funds, to redevelop the ground floor of a 
flooded NSP building for commercial or other non-residential uses. 
This will enable the state to lift the requirement that the first 
floor units remain residential, which could put them at risk for 
another flood. The state will also repair the utilities so that the 
third floor can once again serve as affordable housing, and will 
develop eight new affordable housing units at a different site.
    Contact: John Laswick, Deputy Director, Entitlement Communities 
Division, Office of Block Grant Assistance, Office of Community 
Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, 
telephone (202) 402-4521.
     Regulation: 24 CFR 51.104(b)(2).
    Project/Activity: Delamarre Apartments--Celebration, Florida. 
The construction of a mixed-use project to create 379 housing units 
of market-rate housing and a clubhouse under HUD's Section 221(d)(4) 
mortgage insurance program.
    Nature of Requirement: The regulation at 24 CFR 51.104(b)(2) 
requires an environmental impact statement for projects in 
unacceptable noise zones. The Assistant Secretary may waive the EIS 
requirement in cases where noise is the only environmental issue and 
no outdoor noise sensitive activity will take place on the site. In 
such cases, an environmental review shall be made pursuant to the 
requirements of 24 CFR parts 50.
    Granted By: David C. Woll, Jr. Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 12, 2019.
    Reason Waived: The project will further the HUD mission and will 
advance HUD program goals to develop viable, sustainable communities 
and affordable housing. The construction of the units will 
adequately protect the interiors, and outdoor, noise-sensitive uses 
will be protected by noise barriers to ensure HUD's exterior noise 
goal. Based on the environmental assessments, no adverse 
environmental impact will result from this development in an 
unacceptable noise zone.
    Contact: Marcel Tchaou, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and 
Urban Development 451 Seventh Street SW, Room 7212, Washington, DC 
20410, telephone (202) 402-7077.
     Regulation: 24 CFR 91.105(c)(2); 24 CFR 91.105(k) and 
24 CFR 91.115(c)(2) and 24 CFR 91.115(i)--30-day Public Comment 
Period for Consolidated Plan Amendment.
    Project/Activity: Hurricane Michael and subsequent flooding 
caused substantial damage to neighborhoods throughout Florida's Bay, 
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, 
Taylor, Wakulla, and Washington counties. Consequently, many 
individuals and families residing in the declared-disaster area were 
affected, including the current beneficiaries of the Emergency 
Solutions Grants (ESG) Program and families eligible to receive ESG 
assistance. The state has inquired about the availability of certain 
regulatory waivers of ESG Program requirements to facilitate 
recovery and assist individuals and families affected by the 
disaster.
    On October 19, 2018, the aforementioned Florida counties were 
included in a major disaster declaration (FEMA-DR-4399) under Title 
IV of the Stafford Act.
    Nature of Requirement: An ESG Program recipient may amend an 
approved consolidated plan in accordance with 24 CFR 91.505. 
Substantial amendments to the consolidated plan, such as the 
addition of new activities or a change in the use of ESG Program 
funds from one eligible activity to another, are subject to the 
citizen participation process in the recipient's citizen 
participation plan. The citizen participation plan must provide 
citizens with 30 days to comment on substantial amendments.
    Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115 
(c)(2) and (i) set forth the citizen participation plan requirements 
for local governments and states, respectively. For substantial 
amendments to the consolidated plan, the regulations require the 
recipient to follow its citizen participation plan to provide 
citizens, for both local government and state plans, and units of 
general local government, for state plans, with reasonable notice 
and opportunity to comment. The citizen participation plan must 
state how reasonable notice and opportunity to comment will be 
given.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: Given the need to expedite actions to respond to 
the disaster, HUD waives the 30-day public comment requirement of 24 
CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the 
public comment period to seven days. In reducing the comment period 
to seven days, HUD is balancing the need to quickly assist families 
dealing with the aftereffects of the hurricane while continuing to 
provide reasonable notice and opportunity for citizens to comment on 
the proposed uses of ESG Program funds.
    In addition, HUD recognizes that the destruction wrought by 
Hurricane Michael makes it difficult for the recipient to provide 
notice to citizens in accordance with its citizen participation 
plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and 
91.115(c)(2) and (i) to allow the recipient to determine what 
constitutes reasonable notice and opportunity to comment.
    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 91.105(c)(2); 24 CFR 91.105(k) and 
24 CFR 91.115(c)(2) and 24 CFR 91.115(i)--30-day Public Comment 
Period for Consolidated Plan Amendment.

[[Page 49329]]

    Project/Activity: The California wildfires caused substantial 
damage to neighborhoods throughout Butte, Los Angeles, and Ventura 
counties. Consequently, many individuals and families residing in 
the declared-disaster area were affected, including the current 
beneficiaries of the ESG Program and families eligible to receive 
ESG assistance. The state inquired about the availability of certain 
regulatory waivers of ESG Program requirements to facilitate 
recovery and assist individuals and families affected by the 
disaster.
    Nature of Requirement: An ESG Program recipient may amend an 
approved consolidated plan in accordance with 24 CFR 91.505. 
Substantial amendments to the consolidated plan, such as the 
addition of new activities or a change in the use of ESG Program 
funds from one eligible activity to another, are subject to the 
citizen participation process in the recipient's citizen 
participation plan. The citizen participation plan must provide 
citizens with 30 days to comment on substantial amendments.
    Regulations at 24 CFR 91.105(c)(2) and (k) and 24 CFR 91.115 
(c)(2) and (i) set forth the citizen participation plan requirements 
for local governments and states, respectively. For substantial 
amendments to the consolidated plan, the regulations require the 
recipient to follow its citizen participation plan to provide 
citizens, for both local government and state plans, and units of 
general local government, for state plans, with reasonable notice 
and opportunity to comment. The citizen participation plan must 
state how reasonable notice and opportunity to comment will be 
given.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: Given the need to expedite actions to respond to 
the disaster, HUD waives the 30-day public comment requirement of 24 
CFR 91.105(c)(2) and (k) and 91.115(c)(2) and (i) and reduces the 
public comment period to seven days. In reducing the comment period 
to seven days, HUD is balancing the need to quickly assist families 
dealing with the aftereffects of the wildfires while continuing to 
provide reasonable notice and opportunity for citizens to comment on 
the proposed uses of ESG Program funds.
    In addition, HUD recognizes that the destruction wrought by the 
California wildfires makes it difficult for the recipient to provide 
notice to citizens in accordance with its citizen participation 
plan. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k) and 
91.115(c)(2) and (i) to allow the recipient to determine what 
constitutes reasonable notice and opportunity to comment.
    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 91.105(c)(2) and 24 CFR 91.115(i).
    Project/Activity: Northern Mariana Islands' Plan Amendments for 
use of CDBG funding.
    Nature of Requirement: The citizen participation plan (part of 
the Consolidated Plan) must provide residents and units of general 
local government with reasonable notice and an opportunity to 
comment on consolidated plan substantial amendments. The citizen 
participation plan must provide a period, of not less than 30 
calendar days, to receive comments on the consolidated plan 
substantial amendment before the consolidated plan substantial 
amendment is implemented. The waiver reduced this period to not less 
than seven days.
    Granted By: David C. Woll, Jr., Principal Deputy Assistant 
Secretary, Office of Community Planning and Development.
    Date Granted: January 29, 2019.
    Reason Waived: In reducing the comment period to seven, HUD is 
balancing the need to quickly assist families dealing with the 
after-effects of the tropical storm [FEMA-4404-DR] while continuing 
to provide reasonable notice and opportunity for citizens to comment 
on the proposed uses of the Northern Mariana Islands' CDBG funds.
    Contact: James H[ouml]emann, Deputy Director, State and Small 
Cities Division, Office of Block Grant Assistance, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, 
telephone (202) 402-5716.
     Regulation: 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
    Project/Activity: State of Nebraska's Plan Amendments for use of 
CDBG funding.
    Nature of Requirement: The citizen participation plan (part of 
the Consolidated Plan) must provide residents and units of general 
local government with reasonable notice and an opportunity to 
comment on consolidated plan substantial amendments. The citizen 
participation plan must provide a period, of not less than 30 
calendar days, to receive comments on the consolidated plan 
substantial amendment before the consolidated plan substantial 
amendment is implemented. The waiver reduced this period to not less 
than seven days.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: In reducing the comment period to seven, HUD is 
balancing the need to quickly assist families dealing with the 
after-effects of the flood [DR-4420] while continuing to provide 
reasonable notice and opportunity for citizens to comment on the 
proposed uses of the State of Nebraska's CDBG funds.
    Contact: James H[ouml]emann, Deputy Director, State and Small 
Cities Division, Office of Block Grant Assistance, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, 
telephone (202) 402-5716.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: Contra Costa County, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance 
established by its local public housing agency (PHA) for a HOME-
assisted project--St. Paul's Commons.
    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: David C. Woll Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: June 18, 2019.
    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, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 
708-2684.
     Regulation: 24 CFR 576.106(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and 
Housing Relocation and Stabilization Services.
    Project/Activity: Hurricane Michael and subsequent flooding 
caused substantial damage to neighborhoods throughout Florida's Bay, 
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, 
Taylor, Wakulla, and Washington counties. Consequently, many 
individuals and families residing in the declared-disaster area were 
affected, including the current beneficiaries of the ESG Program and 
families eligible to receive ESG assistance. The state has inquired 
about the availability of certain regulatory waivers of ESG Program 
requirements to facilitate recovery and assist individuals and 
families affected by the disaster.
    On October 19, 2018, the aforementioned Florida counties were 
included in a major disaster declaration (FEMA-DR-4399) under Title 
IV of the Stafford Act.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any three-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any three-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: Waiving the 24 month caps on rental assistance, 
utility payments, and housing stability case management

[[Page 49330]]

assistance will assist individuals and families, both those already 
receiving assistance and those who will receive assistance 
subsequent to the date of this memorandum to maintain stable 
permanent housing in place or in another area and help them return 
to their hometowns, as desired, when additional permanent housing is 
available.
    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(a); 24 CFR 576.105(a)(5); 
and 24 CFR 576.105(b)(2)--Term limits on Rental Assistance and 
Housing Relocation and Stabilization Services.
    Project/Activity: The California wildfires caused substantial 
damage to neighborhoods throughout Butte, Los Angeles, and Ventura 
counties. Consequently, many individuals and families residing in 
the declared-disaster area were affected, including the current 
beneficiaries of the ESG Program and families eligible to receive 
ESG assistance. The state inquired about the availability of certain 
regulatory waivers of ESG Program requirements to facilitate 
recovery and assist individuals and families affected by the 
disaster.
    Nature of Requirement: The ESG regulation at 24 CFR 576.106(a) 
prohibits a program participant from receiving more than 24 months 
of ESG rental assistance during any three-year period. Section 
576.105(a)(5) prohibits a program participant from receiving more 
than 24 months of utility payments under ESG during any three-year 
period. Section 576.105(b)(2) limits the provision of housing 
stability case management to 30 days while the program participant 
is seeking permanent housing and 24 months while the program 
participant is living in permanent housing.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: Waiving the 24 month caps on rental assistance, 
utility payments, and housing stability case management assistance 
will assist individuals and families, both those already receiving 
assistance and those who will receive assistance subsequent to the 
date of this memorandum to maintain stable permanent housing in 
place or in another area and help them return to their hometowns, as 
desired, when additional permanent housing is available.
    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: Hurricane Michael and subsequent flooding 
caused substantial damage to neighborhoods throughout Florida's Bay, 
Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, 
Taylor, Wakulla, and Washington counties. Consequently, many 
individuals and families residing in the declared-disaster area were 
affected, including the current beneficiaries of the ESG Program and 
families eligible to receive ESG assistance. The state has inquired 
about the availability of certain regulatory waivers of ESG Program 
requirements to facilitate recovery and assist individuals and 
families affected by the disaster.
    On October 19, 2018, the aforementioned Florida counties were 
included in a major disaster declaration (FEMA-DR-4399) under Title 
IV of the Stafford Act.
    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: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: HUD has determined that the rental vacancy rate 
in affected areas after hurricanes is extraordinarily low. 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 (202) 708-4300.
     Regulation: 24 CFR 576.106(d)(1).
    Project/Activity: The California wildfires caused substantial 
damage to neighborhoods throughout Butte, Los Angeles, and Ventura 
counties. Consequently, many individuals and families residing in 
the declared-disaster area were affected, including the current 
beneficiaries of the ESG Program and families eligible to receive 
ESG assistance. The state inquired about the availability of certain 
regulatory waivers of ESG Program requirements to facilitate 
recovery and assist individuals and families affected by the 
disaster.
    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: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: HUD has determined that the rental vacancy rate 
in affected areas after the wildfires is extraordinarily low. 
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 578.23(c)(9) and 24 CFR 
578.23(c)(10);
    Project/Activity: NY-603--Long Island Continuum of Care (CoC) 
Program reallocated 11 Permanent Supportive Housing (PSH) projects 
in the FY 2018 CoC Program Competition, which affects almost 300 
program participants--many with disabilities, who face returning to 
homelessness. The interim rule requires certain documentation 
requirements and imposes eligibility requirements which severely 
limits potential available housing options for program participants 
to transfer into other CoC Program-funded projects.
    Nature of Requirement: 24 CFR 578.23(c)(9) and 24 CFR 
578.23(c)(10) requires the recipient to sign a grant agreement under 
which they agree to use the centralized or coordinated assessment 
system established by the Continuum of Care as set forth in Sec.  
578.7(a)(8) and follow the written standards for providing Continuum 
of Care assistance developed by the Continuum of Care, including the 
minimum requirements set forth in Sec.  578.7(a)(9). Section 
578.7(a)(9)(v) requires these written standards to include policies 
and procedures for determining and prioritizing which eligible 
individuals and families will receive permanent supportive housing 
assistance.
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 31, 2019.
    Reason Waived: The waiver will permit program participants 
residing in PSH projects defunded in the FY 2018 CoC Program 
Competition permanent housing to be served by other CoC Program-
funded projects by waiving prioritization requirements and allowing 
program participants to self-certify their homeless status at the 
time they entered the defunded PSH project.
    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 578.3 and 24 CFR 578.51(l)(1).
    Project/Activity: Family Support Center of South Sound (FSCSS) 
provides program participants with Rapid Re-Housing (RRH) assistance 
that includes short- and medium-term rental assistance, ranging from 
three months to nine months, while also providing supportive 
services to help increase participant income through employment and 
the acquisition of mainstream benefits.
    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.

[[Page 49331]]

    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 17, 2019.
    Reason Waived: FCSS states that the HUD rule requiring a lease 
term of at least one year creates an unintentional barrier for 
participant access to available housing units. Between July and 
December of 2018, FCSS documented a minimum of five households who 
identified a housing option but were denied by the landlord because 
of this requirement. Each of these participants had to restart their 
housing search and their episode of homelessness was extended 
because shorter lease term options were not allowable.
    Waiving these provisions will allow the recipient expedite 
voucher utilization and better coordinate with landlords in an area 
with low vacancy rates and housing providers that aren't willing to 
enter into one-year lease agreements. Program participants residing 
in rapid re-housing units may 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.
    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 578.3 and 24 CFR 578.51(l)(1).
    Project/Activity: Home Forward administers six projects that 
provides permanent supportive housing projects that provide rental 
assistance on behalf of program participants with disabilities and 
experiencing chronic homelessness in the Multnomah County, OR 
region.
    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: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 18, 2019.
    Reason Waived: This jurisdiction has incredibly low vacancy 
rates ranging from 2.87 to 4.37 percent over the past couple years. 
In addition, rents in this area have increased at a rate of 6.37 to 
10.5 percent in comparison to a national average of 1.4 to 3.5 
percent annually. Finding affordable housing units in a market where 
many landlords have expressed a preference for entering into lease 
agreements with terms of less than one year is a challenge. Waiving 
these provisions will allow the recipient to better coordinate with 
landlords in an area with low vacancy rates and housing providers 
that aren't willing to enter into one-year lease agreements. Program 
participants residing in permanent supportive housing units may 
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.
    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 578.3 and 24 CFR 578.51(l)(1).
    Project/Activity: Los Angeles Homeless Services Authority 
administers four projects that provides program participants with 
RRH assistance and supportive services to help increase participant 
income through employment and the acquisition of mainstream 
benefits.
    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: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 11, 2019.
    Reason Waived: The Los Angeles Metro area is the most cost-
burdened in the United States. According to the Joint Center for 
Housing Studies, 48 percent of all residents in Los Angeles County 
pay more than 30 percent of their income on rent and 82 percent of 
the lowest income residents pay more than 50 percent of their income 
on rent. Additionally, according to the U.S. Census Bureau 2016 
American Community Survey, the rental vacancy rate for Los Angeles 
was 2.0 percent. Landlords are also refusing to accept households 
experiencing homelessness served by these agencies because of the 
12-month lease requirement while they are accepting other households 
with similar characteristics and backgrounds that are not enrolled 
in their projects. Waiving these provisions will allow the recipient 
expedite voucher utilization and better coordinate with landlords in 
an area with low vacancy rates and housing providers that aren't 
willing to enter into one-year lease agreements. Program 
participants residing in rapid re-housing units may 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.
    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 578.103(a)(4).
    Project/Activity: NY-603-Long Island CoC reallocated 11 
Permanent Supportive Housing (PSH) projects in the FY 2018 CoC 
Program Competition, which affects almost 300 program participants--
many with disabilities, who face returning to homelessness. The 
interim rule requires certain documentation requirements and imposes 
eligibility requirements which severely limits potential available 
housing options for program participants to transfer into other CoC 
Program-funded projects.
    Nature of Requirement: This requirement establishes a 
prescriptive process for verifying and documenting a person's 
``chronically homeless'' status and only allows for self-
certification if the preferred evidence has proved unobtainable, and 
the intake worker's due diligence to obtain the preferred evidence 
has been documented
    Granted By: David C. Woll, Jr., Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 31, 2019.
    Reason Waived: The prescriptive requirements for verifying and 
documenting ``chronically homeless'' status were written for persons 
presenting as chronic homeless at time of initial intake, when the 
preferred evidence under the rule would most likely be available and 
obtainable. The requirements were not meant to be applied to years-
long residents of permanent supportive housing who only now are 
being asked for evidence they were chronically homeless when they 
entered their permanent supportive housing. It seems overly 
burdensome to require these persons or their intake workers to dig 
around for the preferred evidence now--as many as ten years after 
the person was homeless. In this case, the time and costs required 
to dig up the preferred evidence at this point outweighs the extra 
assurance any evidence obtainable at this point would provide over a 
self-certification.
    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.

II. Regulatory Waivers Granted by the Office of Fair Housing and Equal 
Opportunity

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR Sec 115.305.
    Project/Activity: Fair Housing Assistance Program, Washington, 
DC.
    Nature of Requirement: FHEO is providing an Enforcement Fund 
under existing SEE fund authority set forth at 24 CFR Sec 115.305 
for the purpose of providing financial assistance to FHAP agencies 
struggling with litigation costs. SEE funds are funds that HUD may 
provide to a FHAP agency to support enforcement activities of the 
FHAP agency's fair housing law. SEE funds are limited by regulation 
to 20 percent of an agency's total FHAP cooperative agreement for 
the previous contract year.
    Granted By: Anne Maria Far[iacute]as, Assistant Secretary for 
Fair Housing and Equal Opportunity.
    Date Granted: March 25, 2019.
    Reason Waived: Waiver of the 20 percent limitation on SEE funds 
for eligible FHAP

[[Page 49332]]

agencies whose total cooperative agreement for fiscal year 2018 was 
less than $300,000. This allows more meaningful support for small 
and medium-sized agencies.
    Contact: Joseph A. Pelletier, Director, Fair Housing Assistance 
Division, Office of Fair Housing and Equal Opportunity, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 5206, 
Washington, DC 20410, telephone (202) 402-2126.

III. Regulatory Waivers Granted by the Office of Government National 
Mortgage Association

    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 330.20(a)(2)(i)(D).
    Project/Activity: BofA Securities, Inc. (BofAS) eligibility for 
approval as a sponsor of Ginnie Mae guaranteed structured 
securities.
    Nature of the Requirement: The regulation at 24 CFR 
330.20(a)(2)(i)(D) establishes certain eligibility requirements for 
an entity applying for approval as a Ginnie Mae Sponsor. An 
applicant must have at least $250 million in shareholders' equity or 
partners' capital evidenced by the sponsor's audited financial 
statements, which must have been issued within the preceding 12-
month period.
    Granted By: Maren M. Kasper, Acting President, Ginnie Mae.
    Date Granted: April 24, 2019.
    Reason Waived: The new broker-dealer entity BofA Securities is a 
wholly-owned, indirect subsidiary of Bank of America Corporation and 
an affiliate of Merrill, Lynch, Pierce, Fenner & Smith Inc. 
(MLPF&S), an active sponsor in Ginnie Mae's Multiclass Securities 
Program. Due to a reorganization, MLPF&S will stop sponsoring Ginnie 
Mae deals and its team leading Ginnie Mae's Multiclass deals will be 
transferred to BofAS. This new entity meets the minimum required 
amount of $250 million in shareholders' equity or partners' capital 
but cannot provide an audited financial statement reflecting this 
amount issued in the preceding 12 months due to it being a new 
operating entity. BofAS has agreed to assume responsibility for the 
legacy Ginnie Mae assets currently under MLPF&S and Bank of America 
has provided assurances for liability. This is a special situation 
where Ginnie Mae has found good cause to issue a one-time waiver of 
the requirement for an applicant for approval as a sponsor to submit 
an audited financial statement issued within the preceding 12-month 
period that evidences the minimum required amount in shareholders' 
equity or partners' capital.
    Contact: Richard Perrelli, Product Manager Multiclass 
Securities, Office of Capital Markets, Government National Mortgage 
Association, Department of Housing and Urban Development, 425 Third 
St. SW, 4th FL, Washington, DC 20024, telephone (202) 475-7992.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: Kenmore Commons, FHA Project Number 042-35722, 
Cleveland, Ohio. The subject project has two phases consisting of 17 
scattered sites with 25 buildings containing a combined 102 units; 
however, 12 of the 25 buildings have less than 5 units. All 102 
units are covered by Section 8 HAP Contracts and will continue the 
affordability restriction via a 30-year affordable use Regulatory 
Agreement with the Ohio Housing Finance Agency. The lender, 
Bellwether Enterprise Real Estate Capital, LLC is seeking FHA 
financing to substantially renovate 102 affordable units.
    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 noncontiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity and each parcel (or 
combination of contiguous parcels) has at least 5 units.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 17, 2019.
    Reason Waived: The waiver was granted to allow preservation of 
102 units that are 100% affordable, where there is a high demand for 
affordable housing in the Hough neighborhood near downtown 
Cleveland, OH. This project constitutes one manageable and 
marketable property.
    Contact: Patricia M. Burke, Acting Director Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410, 
telephone (202) 402-5693.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: Riverside Park Homes, FHA Project Number 042-
11324, Cleveland, Ohio. The subject project consists of 20 buildings 
containing a combined 90 units; however, 18 of the 20 buildings have 
less than 5 units. The lender, Orix Real Estate Capital, LLC is 
seeking FHA financing to renovate 90 affordable units.
    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 noncontiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity and each parcel (or 
combination of contiguous parcels) has at least 5 units.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 17, 2019.
    Reason Waived: The waiver was granted to allow preservation of 
90 units that are 100% affordable with a Rental Assistance 
Demonstration (RAD) conversion. In addition, a provision of a new 
20-year Housing Assistance Payment (HAP) contract. This project 
constitutes one manageable and marketable property.
    Contact: Patricia M. Burke, Acting Director Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410, 
telephone (202) 402-5693.
     Regulation: 24 CFR 232.7.
    Project/Activity: Summit Carolina Manor, FHA Project Number 075-
22141, and Applewood Our Hose, FHA Project Number 101-22143 are 
Assisted Living/Memory Care facilities, which do not meet the 
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations. 
Summit Carolina Manor is located in Appleton, Wisconsin. Applewood 
Our House is located on five scattered sites in the suburbs of 
Denver, Colorado.
    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: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 17, 2019.
    Reason Waived: The two projects both currently exceed the 4:1 
resident to shower ratio. Each project only serves memory care 
residents who 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 projects 
meet the States' licensing requirements for bathing and toileting 
facilities. The projects will benefit from a refinance at reduced 
interest rates. As part of the refinancing, an additional bathroom 
is being added to one of the Applewood sites, which would bring the 
building's ratio of residents to full baths to 4:1.
    Contact: John M. Hartung, Policy Division Director, Office of 
Residential Care Facilities, Office of Healthcare Programs, Office 
of Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 6264, Washington, DC 20401, telephone (202) 402-
5377.
     Regulation: 24 CFR 266.200(b)(2).
    Project/Activity: 542(c) Risk-Sharing Program regulations waiver 
was granted on February 7, 2019 for forty (40) projects through the 
end of fiscal year 2019 (i.e. HUD issuance of a firm approval letter 
by September 30, 2019) for the revised definition of Substantial 
Rehabilitation published in the MAP Guide on January 16, 2016, to 
the Massachusetts Housing Finance Agency (MassHousing), Boston, MA, 
no project names listed.
    Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2), 
Substantial Rehabilitation. The Department will permit the revised 
definition of substantial rehabilitation (S/R) as described in the 
revised MAP Guide published on January 29, 2016, such that S/R is: 
Any scope of work that either (a) Exceeds in aggregate cost a sum 
equal to the `base per dwelling unit limit' times the applicable 
High Cost Factor, or (b) Replacement of two or more building 
systems. `Replacement' is when the cost of replacement work exceeds 
50 percent of the cost of replacing the entire system.
    The High Cost Factors for 2017 were recently published through a 
Housing Notice

[[Page 49333]]

(HN) on August 31, 2017 and the revised statutory limits were 
recently published in the Federal Register on November 7, 2017. The 
2017 base dwelling unit amount to determine substantial 
rehabilitation for FHA insured loan programs has been increased from 
$15,000 (changed from $6,500 per unit in the 2016 MAP guide) to 
$15,315. This amount will change annually based upon the change in 
the annual Consumer Price Index (CPI), along with the statutory 
limits or other inflation cost index published by HUD.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2019.
    Reason Waived: MassHousing has been working with developers to 
finalize financing proposals; however, they will not be able to 
process all forty (40) projects before the end of fiscal year 2019 
(i.e. HUD issuance of a firm approval letter by September 30, 2019). 
By granting the extension of the waiver to the end of fiscal year 
2021 (September 30, 2021), it will allow enough time to complete the 
process.
    Contact: Patricia M. Burke, Acting Director Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410, 
telephone (202) 402-5693.
     Regulation: 24 CFR 266.200(c)(2).
    Project/Activity: Section 542(c) Risk-Sharing Program 
regulations waiver was granted on February 7, 2019 for forty (40) 
projects through the end of fiscal year 2019 (i.e. HUD issuance of a 
firm approval letter by September 30, 2019) for the revised 
definition of Substantial Rehabilitation published in the MAP Guide 
on January 16, 2016, to the Massachusetts Housing Finance Agency 
(MassHousing), Boston, MA, no project names listed.
    Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2), 
Existing Projects ``Equity Take-outs''. The Department will permit 
the insured mortgage to exceed the sum of the total cost of 
acquisition, cost of financing, cost of repairs, and reasonable 
transaction costs, or ``equity take-outs'' in refinances of 
MassHousing-financed projects and those outside MassHousing's 
portfolio if the result is preservation with the following 
conditions:
    1. Occupancy is no less than 93 percent for previous 12 months;
    2. No defaults in the last 12 months of the HFA loan to be 
refinanced;
    3. A 20-year affordable housing deed restriction placed on title 
that conforms to the Section 542(c) statutory definition;
    4. A Property Capital Needs Assessment (PCNA) must be performed 
and funds escrowed for all necessary repairs, and reserves funded 
for future capital needs; and
    5. For projects subsidized by Section 8 Housing Assistance 
Payment (HAP) contracts:
    a. Owner agrees to renew HAP contract(s) for 20-year term, 
(subject to appropriations and statutory authorizations, etc.), and
    b. In accordance with regulations in 24 CFR 883.306(e), and 
Housing Notice 2012-14--Use of ``New Regulation'' Section 8 Housing 
Assistance Payments (HAP) Contracts Residual Receipts of Offset 
Project-Based Section 8 Housing Assistance Payments, if at any time 
MHP determines that a project's excess funds (surplus cash) after 
project operations, reserve requirements and permitted distributions 
are met, MHP must place the excess funds into a separate interest-
bearing account. Upon renewal of a HAP Contract the excess funds can 
be used to reduce future HAP payments or other project operations/
purposes. When the HAP Contracts expires, is terminated, or any 
extensions are terminated, any unused funds remaining in the 
Residual Receipt Account at the time of the contract's termination 
must be returned to HUD.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2019.
    Reason Waived: MassHousing has been working with developers to 
finalize financing proposals; however, they will not be able to 
process all forty (40) projects before the end of fiscal year 2019 
(i.e. HUD issuance of a firm approval letter by September 30, 2019). 
By granting the extension of the waiver to the end of fiscal year 
2021 (September 30, 2021), it will allow enough time to complete the 
process.
    Contact: Patricia M. Burke, Acting Director Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410, 
telephone (202) 402-5693.

V. 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.
    Project/Activity: Coshocton Metropolitan Housing Authority 
(OH037).
    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: R. Hunter Kurtz, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 14, 2019.
    Reason Waived: The Coshocton Metropolitan Housing Authority (HA) 
requested to waive the reporting requirements for submitting its 
audited financial information to extend the due date of its fiscal 
year end date of (FYE) June 30, 2018, because the HUD Office of 
Inspector General (HUDOIG) is in possession of most of the HA's 
records, due to an ongoing investigation into the HA and its 
employees. As a result, the Auditor of the State of Ohio had 
instructed the HA's independent auditor to hold the audit report 
until the HUDOIG investigation is completed. Accordingly, the HA was 
granted a six-month extension, until September 30, 2019, to complete 
and submit its FYE June 30, 2018, audited financial data to the 
Department. This Financial Assessment Subsystem (FASS) audited 
waiver (extension) does not apply to Single Audit submissions 
required by the Federal Audit Clearinghouse.
    Contact: Dee Ann R. Walker, 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 983.301(f)(2)(ii).
    Project/Activity: New York City Housing Authority in New York, 
New York, requested a waiver of 24 CFR 983.301(f)(2)(ii) to 
establish a site-specific utility allowance for all project-based 
voucher units at Hope Gardens.
    Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) 
states that the PHA may not establish or apply different utility 
allowance amounts for the PBV program. The same PHA utility 
allowance schedule applies to both the tenant-based and PBV 
programs.
    Granted By: R. Hunter Kurtz, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 16, 2019.
    Reason Waived: New York City Housing Authority has demonstrated 
that the utility allowance provided under the HCV Program would 
discourage conservation and ultimately lead to inefficient use of 
HAP funds at Hope Gardens.
    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 983.301(f)(2)(ii).
    Project/Activity: Schenectady Housing Authority in Schenectady, 
New York requested a waiver of 24 CFR 983.301(f)(2)(ii) to establish 
a site-specific utility allowance for all project- based voucher 
units at Yates Village Phase I.
    Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) 
states that the PHA may not establish or apply different utility 
allowance amounts for the PBV program. The same PHA utility 
allowance schedule applies to both the tenant-based and PBV 
programs.
    Granted By: R. Hunter Kurtz, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 16, 2019.
    Reason Waived: Schenectady Housing Authority has demonstrated 
that the utility allowance provided under the HCV Program would 
discourage conservation and ultimately lead to inefficient use of 
HAP funds at Yates Village Phase I.
    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 982.503(b)(1)(i).
    Project/Activity: The Housing Authority of Pittsburgh, in 
Pittsburgh Pennsylvania requested a waiver of 24 CFR 
982.503(b)(l)(i).

[[Page 49334]]

    Nature of Requirement: The regulation states that the PHA may 
establish the payment standard amount for a unit size at any level 
between 90 percent and 110 percent of the published FMR for that 
unit size. HUD approval is not required to establish a payment 
standard amount in that range (``basic range''). The PHA must revise 
the payment standard amount no later than 3 months following the 
effective date of the published FMR if a change is necessary to stay 
within the basic range.
    Granted By: R. Hunter Kurtz, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 16, 2019.
    Reason Waived: This waiver was approved, taking into account the 
administrative burden HACP would face if it were to implement 
SAMFRs, only to then receive HUD approval of an alternative payment 
standards policy.
    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 983.156(b).
    Project/Activity: Boise City Housing Authority, in Boise, Idaho, 
requested a waiver of 24 CFR 983.156(b) requesting approval to enter 
into a PBV HAP contract.
    Nature of Requirement: The regulation 24 CFR 983.156(b) states 
that if the PHA determines that the housing has been completed in 
accordance with the Agreement and that the owner has submitted all 
required evidence of completion, the PHA must submit the HAP 
contract for execution by the owner and must then execute the HAP 
contract.
    Granted By: R. Hunter Kurtz, Principal Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 11, 2019.
    Reason Waived: This waiver was approved due to a Government 
Shutdown which caused a delay in the PBV Contract execution.
    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: [PIH please insert info].
    Project/Activity: The San Antonio Housing Authority in San 
Antonio, Texas, requested a waiver of FR-5596-N Section II.j. to 
approve MTW flexibilities for its HUD-VASH participants in terms of 
regulatory relief and flexibility.
    Nature of Requirement: The regulation FR 5596-N Section II.j. 
states HUD-VASH vouchers must be administered in accordance with 
this notice and are not eligible for fungibility under a PHA's MTW 
agreements. HUD-VASH vouchers must be reported on separately from 
vouchers under the agency's MTW Agreement.
    Granted By: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 13, 2019.
    Reason Waived: This waiver was approved because the Department 
determined that as described the MTW flexibilities do not have a 
negative impact on HUD-VASH participants and better serve HUD-VASH 
families.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

[FR Doc. 2019-20250 Filed 9-18-19; 8:45 am]
 BILLING CODE 4210-67-P