HUD Grants Regulatory Waiver Requests for Second Quarter of Calendar Year 2014
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Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2014
A Notice by the
Action
Notice.
Summary
Section 106 of the
Publication Date:
Agency:
Entry Type: Notice
Action: Notice.
Document Citation: 79 FR 52355
Page: 52355 -52362 (8 pages)
Agency/Docket Number: Docket No. FR-5789-N-02
Document Number: 2014-20964
Shorter URL: https://federalregister.gov/a/2014-20964
FOR FURTHER INFORMATION CONTACT:
For general information about this notice, contact
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 2014.
SUPPLEMENTARY INFORMATION:
Section 106 of the HUD Reform Act added a new section 7(q) to the
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
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
This notice covers waivers of regulations granted by HUD from
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 section 58.73 and section 58.74 would appear sequentially in the listing under section 58.73.
Waiver of regulations that involve the same initial regulatory citation are in time sequence beginning with the earliest-dated regulatory waiver.
Should HUD receive additional information about waivers granted during the period covered by this report (the second quarter of calendar year 2014) before the next report is published (the third quarter of calendar year 2014), 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:
General Counsel.
[FR Doc. 2014-20964 Filed 9-2-14;
BILLING CODE 4210-67-P
APPENDIX
Listing of Waivers of Regulatory Requirements Granted by Offices of the
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
II. Regulatory waivers granted by the
III. Regulatory waivers granted by the
I. Regulatory Waivers Granted by the
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 51.104(b)(2).
Project/Activity: The Director of the Boston Multifamily Hub requested a waiver of 24 CFR 51.104(b)(2) in order to facilitate the proposed infill development of
Nature of Requirement: HUD's regulation at 24 CFR 51.104(b)(2) requires an environmental impact statement for projects in unacceptable noise zones. The environmental impact statement may be waived 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 part 51.
Granted By:
Date Granted:
Reason Waived: It was determined that the project would further the HUD mission and advance HUD program goals to develop viable, sustainable communities and affordable housing. It was further determined that the construction of the units would adequately protect the interiors, and no outdoor, noise-sensitive uses will occur in the exposed space. Based on the environmental assessments, no adverse environmental impact will result from this development in an unacceptable noise zone.
Contact:
- Regulations: 24 CFR 92.500(d)(1)(C).
Project/Activity: The
Nature of Requirements: HUD's regulations at 24 CFR 92.500(d)(1)(C) requires that a participating jurisdiction expend its annual allocation of HOME funds within five years after HUD notifies a participating jurisdiction that HUD has executed the jurisdiction's HOME Investment Partnership Agreement.
Granted By:
Date Granted:
Reasons Waived: The City administers an ongoing rehabilitation program for owner-occupants and has more than 40 applicants on a waiting list. In 2013, HUD approved the City's request to reduce its fiscal year 2013, 2014 and 2015 HOME grants by
Contact:
- Regulation: 24 CFR 570.489(a).
Project/Activity: The
Nature of Requirement: HUD's regulation at 24 CFR 570.489(a) specifies the amount of CDBG funds that can be used to pay state administrative expenses and its approach for demonstrating compliance with the requirements. HUD's regulation at 24 CFR 570.489(a)(1)(v)(A) requires states to expend no more than the aggregate maximum allowable amount on administrative expenses (for each annual grant within the subject period) during its 3- to 5- year Consolidated Planning period.
Granted By:
Date Granted:
Reason Waived: HUD determined that adequate administrative funds are central to a State's capacity to administer the CDBG program. The
Contact:
- Regulation: 24 CFR 574.330(a)(1).
Project/Activity: The
Nature of Requirement: The Housing Opportunities for Persons with AIDS (HOPWA) short-term supported housing regulation at 24 CFR 574.330(a)(1) provides that a short-term supported housing facility may not provide residence to any individual for more than 60 days during any six-month period.
Granted By:
Date Granted:
Reason Waived: According to the regulations, HUD may waive the 60-day time limit if a project sponsor has made good faith effort in finding permanent housing to its client within the 60-day time period. Good faith effort was found due to the project sponsor's extensive efforts in attempting to secure and locate permanent housing for the client.
Contact:
- Regulation: 24 CFR 576.403(c).
Project/Activity: The
Nature of Requirement: HUD's regulation at 24 CFR 576.403(c) states that the recipient or subrecipient cannot use Emergency Solutions Grants (ESG) funds to help a program participant remain in or move into housing that does not meet the ESG minimum habitability standards for permanent housing.
Granted By:
Date Granted:
Reason Waived: HUD recognized that in certain instances, the best way to help program participants avoid homelessness is to keep them in their housing until better housing can be located, or their existing housing can be brought up to code. Legal services provide an important resource for persons who are at risk of homelessness, who need immediate assistance to help them avoid moving to the streets or emergency shelters. In some instances, it is not feasible to inspect a unit to ensure that it meets the habitability standards prior to the provision of the legal services assistance necessary to prevent homelessness for the individual or family. Also in some cases, the habitability requirement actually prohibits eligible program participants from receiving the legal services that could assist them to make the unit habitable and stabilize them in their housing.
Therefore, HUD granted a limited, conditional waiver to allow
Contact:
For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.
- Regulation: 24 CFR 5.801(c)(3), 202.5(g)(1), and 202.6(c)(2).
Project/Activity: FHA-approved Title I and Title II lenders and mortgagees with a fiscal year end of
Nature of Requirement: HUD's regulation at 24 CFR 5.801 (Uniform Financial Reporting Standards) provides that HUD-approved Title I and Title II supervised and nonsupervised lenders and mortgagees submit financial information to HUD on an annual basis in a form and substance prescribed by HUD. Lenders and mortgagees must submit the required financial information to HUD no later than 90 days after the end of the lender or mortgagee's fiscal year. The regulation provides that the time for filing may be extended at the sole discretion of HUD.
HUD's regulation at 24 CFR 202.5(g) (Approval of Lending Institutions and Mortgagees) provides for all FHA-approved lenders and mortgagees to furnish to HUD with a copy of their audited financial statements within 90 days of the lender or mortgagee's fiscal year end, except as provided in 24 CFR 202.6(c), to maintain FHA approval.
HUD's regulation at 24 CFR 202.6(c) delineates an exception from section 202.5(g)(1) for small supervised lenders and mortgagees, which are instead required to submit to HUD the unaudited financial reports required by their respective financial banking agency within 90 days of the small supervised lender or mortgagee's fiscal year end.
Granted By:
Date Granted:
Reason Waived: As part of the FHA Transformation Initiative, FHA is implementing a counterparty risk framework that enables a better and timelier means of identifying, mitigating, and managing risk in the approval, recertification, monitoring, enforcement, and post-endorsement technical review processes. An integral part of the Initiative has been the development and deployment of the Lender Electronic Assessment Portal (LEAP), an online portal that houses data record collection and risk and fraud detection activities.
LEAP is being implemented in phases. FHA deployed the latest phase of LEAP, the automation of FHA's annual lender recertification process, on
Because LEAP 3.0 did not go live until after
Under the waivers, FHA lenders and mortgagees with a fiscal year end of
Because technical system issues prevented some lenders from completing their annual recertification package in LEAP 3.0 on or before
Contact: Volky Garcia, Lender Approval and Recertification Division Director,
- Regulation: 24 CFR 200.85(b).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 200.85, which pertains to covenant against liens, states in paragraph (b) as follows: "A covenant against repayment of a Commissioner approved inferior lien from mortgage proceeds other than surplus cash or residual receipts, except in the case of an inferior created pursuant to Section 223(d) of the Act, or a supplemental loan insured pursuant to Section 241 of the Act."
Granted By:
Date Granted:
Reason Waived: The project consists of 36 affordable units in two three-story and four two-story apartment buildings. At the time of the waiver request, the project was 100 percent occupied and each unit had Section 8 project-based vouchers connected to it with the exception of one manager unit. The project would be the recipient of six committed public financing sources each with affordable housing restrictive convent agreements with nine percent LIHTCs allocations. The County's promissory note would be fully amortized in 25 years, earlier than the 35 year HUD insured Tax Credit Pilot loan, a risk HUD determined is acceptable given the mitigates. The borrower agreed to comply with the 15-year extension of the HAP contract requirements as part this transaction.
Contact:
- Regulation: 24 CFR 200.926d(b)(4)(i).
Project/Activity: Whiting Avenue Estates,
Nature of Requirement: HUD's regulation at 24 CFR 200.926d(b)(4)(i) states in relevant part as follows: "Each property shall be provided with vehicular or pedestrian access or private street. Private streets shall be protected by permanent easement."
Granted By:
Date Granted:
Reason Waived: The project is an existing 80 unit apartment in
Contact:
- Regulation: 24 CFR 200.926d(f)(1)(i) and (f)(2)(i).
Project/Activity: Extension of previously granted waiver for the
Nature of Requirement: HUD's Minimum Property Standards (MPS) that govern new construction for single-family dwellings provide that to be eligible for FHA insurance, each living unit within newly constructed single-family residential property should be capable of delivering a flow of 5 gallons per minute (gpm) over a 4 hour period in order to provide a continuing and sufficient supply of safe water under adequate pressure and appropriate quality for household use. Under these standards, water holding tanks, cisterns and similar alternative water supply systems are not considered as acceptable water supply systems under FHA requirements.
Granted By:
Date Granted:
Reason Waived: Waiver of these standards was previously provided because in certain boroughs/census areas in the
It was determined that granting of the waiver is in the public's interest and consistent with HUD's objectives to expand the availability of FHA mortgage insurance, while providing appropriate safeguards under local and state codes to protect the health and safety of potential occupants. The waiver enables lenders to provide FHA financing to homebuyers for new construction single-family housing, in the designated boroughs, where it is not feasible to procure water from conventional water supply systems.
Contact: HUD Contact,
- Regulation: 24 CFR 200.926d(f)(1)(i) and 24 CFR 200.926d(f)(2)(i).
Project/Activity: Homebuyers of new construction single family homes located within Boroughs of
Nature of Requirement: HUD's regulations at 24 CFR 200.926d(f)(1)(i) and (f)(2)(i) govern new construction of single-family dwellings and provide that to be eligible for FHA insurance, each living unit within newly constructed single-family residential property should be capable of delivering a flow of five gallons per minute over a four-hour period in order to provide a continuing and sufficient supply of safe water under adequate pressure and appropriate quality for household use.
Granted By:
Date Granted:
Reason Waived: Conventional water supply systems, such as those required under FHA's Minimum Property Standards (MPS) are not feasible as water sources due to the unique geographical characteristics in those counties of
Contact:
- Regulation: 24 CFR 203.43f(c)(i) and 24 CFR 203.43f(d)(ii).
Project/Activity: Manufactured homes with or without basements and located in
Nature of Requirement: HUD's regulations regarding Title II manufactured homes located in
Granted By:
Date Granted:
Reason Waived: As a result of the conflict between 24 CFR 203.43f, which is based on flood elevation requirements measured from the "finished grade beneath the manufacture home" and flood elevation requirements measured from the "lowest floor" of the manufactured home provided in 24 CFR 200.926d(c)(4)(i) and (ii), and 44 CFR 60.3(c)(6)(iv) and (c)(12), some lenders are refusing FHA-insured loans on manufactured homes that are being sited in flood zone areas on the grounds that FHA could deny insurance. Therefore, the regulations in the third sentence of 24 CFR 203.43f(c)(i) and the last sentence in 24 CFR 203.43f(d)(ii) were waived to permit the placement of FHA mortgage insurance on manufactured home, sited in the
Contact:
- Regulation: 24 CFR 219.220(b).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b) governs the repayment of operating assistance provided under the
Granted By:
Date Granted:
Reason Waived: Good cause was shown that it is in the public's best interest to grant this waiver. The requirement to defer repayment of the Flexible Subsidy Operating Assistance Loan would allow this much needed housing to be substantially rehabilitated. The project would also be preserved as affordable housing for an additional 20 years.
Contact:
- Regulation: 24 CFR 232.7.
Project/Activity:
Nature of Requirement: HUD's 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:
Date Granted:
Reason Waived: The lender provided evidence that 94 percent of the residents of the facility require assistance and/or supervision with bathing.
Contact:
- Regulation: 24 CFR 232.7.
Project/Activity:
Nature of Requirement: HUD's 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:
Date Granted:
Reason Waived: The lender provided evidence that 94 percent of the residents of the facility require assistance and/or supervision with bathing.
Contact:
- Regulation: 24 CFR 232.7.
Project/Activity: Presbyterian Home and
Nature of Requirement: HUD's 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:
Date Granted:
Reason Waived: Most of the assisted living wing residents are high acuity and need assistance with bathing. Presbyterian concluded that this arrangement is safer for the residents.
Contact:
- Regulation: 24 CFR 232.7.
Project/Activity: Presbyterian Home and
Nature of Requirement: HUD's 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:
Date Granted:
Reason Waived: Most of the assisted living wing residents are high acuity and need assistance with bathing. Presbyterian concluded that this arrangement is safer for the residents.
Contact:
- Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 266.410(e) requires that mortgages insured under the Section 542(c) Risk Sharing program be regularly amortizing over the term of the mortgage. CalHFA requested on a "pilot" basis, to finance 35 year mortgages with maturities between 17 to 25 years.
Granted By:
Date Granted:
Reason Waived: HUD approved a similar, though much more limited, waiver for CalHFA in 2012, primarily to align the Risk Sharing program with the New Issue Bond Program. The waiver in 2014 was granted subject certain conditions which are: the waiver would be effective from
Contact:
- Regulation: 24 CFR 891.100(d).
Project/Activity: Breakthrough Phase III,
Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.
Granted By:
Date Granted:
Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.
Contact:
- Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 891.165 provides that the duration of the fund reservation of the capital advance is 18 months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.
Granted By:
Date Granted:
Reason Waived: Additional time was needed for the Sponsor/Owner to obtain a decision from the
Contact:
- Notice of Funding Availability (NOFA): Fiscal Year (FY) 2012 Section 811 Project Rental Assistance Demonstration Program (Docket No. FR-5600-N-28-A1).
Project/Activity: Amendment of the FY 2012 Section 811 Project Rental Assistance Demonstration Program NOFA dated
Nature of Requirement: The administrative costs provision in the FY 2012 NOFA (as corrected in a technical correction posted on
Granted By:
Date Granted:
Reason Waived: The amendment responds to significant concerns raised by the grantees regarding the scope of work required for them to administer this program and stated the amount of work necessary to implement the program exceeded the 5 percent included in the NOFA. They advised that they would need to use a significant amount of agency resources to set up and manage this new program due specifically to the coordination with their state
Contact:
III. Regulatory Waivers Granted by the
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(d)(1).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 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:
Date Granted:
Reason Waived: The Housing Authority is requesting an extension of the due date because the
Contact:
- Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing and Community Services Agency of
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 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:
Date Granted:
Reason Waived: The HA is requesting a waiver of their FY 2013 audit submission deadline. The HA is requesting a two month extension from
Contact:
- Regulation: 24 CFR 5.801(d)(1).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 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:
Date Granted:
Reason Waived: The Housing Authority (HA) contends that the
Contact:
- Regulation: 24 CFR 982.312(a).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.312(a) provides that a family may not be absent from its unit for a period of more than 180 consecutive calendar days in any circumstance or for any reason.
Granted By:
Date Granted:
Reason Waived: This regulation was waived since the affected individual was out of the unit due to a severe stroke.
Contact:
- Regulation: 24 CFR 982.503(c)(3)(i).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c)(3)(i) provides that HUD Headquarters may approve exception payment standards above 120 percent of the fair market rent (FMR) under certain circumstances, including if such approval is necessary to prevent financial hardship for families, can be supported by statistically representative rental housing survey data and a program justification.
Granted By:
Date Granted:
Reason Waived: This regulation was waived to establish exception payment standards that would expand housing opportunities for current and future voucher participants in
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity: State of
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The disabled participant required an exception payment standard to remain in the same unit and afford her share of the rent. To provide this reasonable accommodation so the client could remain in her unit and pay no more than 40 percent of her adjusted income toward the family share, the SCDH was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The participant, who is disabled, required an exception payment standard to move to a new unit that met her health needs. To provide this reasonable accommodation so the client could be assisted in a new unit and pay no more than 40 percent of her adjusted income toward the family share, the NYSHCR was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The participant, who is disabled, required an exception payment standard to continue his pad rental for his manufactured home and afford his share of the rent. To provide this reasonable accommodation so the client could be assisted in his current unit and pay no more than 40 percent of his adjusted income toward the family share, the NOHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The participant, with a 10-member family, was unable to locate housing pursuant to a Rental Assistance Demonstration (RAD) program conversion. In order to avoid displacement for this family, the family required an exception payment standard. To provide this accommodation to a non-disabled family displaced by a RAD conversion, the HACD was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The participant, who is disabled, required an exception payment standard to continue to remain in her manufactured home and afford her share of the rent. To provide this reasonable accommodation so the client could be assisted in his current unit and pay no more than 40 percent of his adjusted income toward the family share, the AHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: Two participants, who are disabled, required an exception payment standard to continue to remain in their units and afford their share of the rent. To provide this reasonable accommodation so the clients could be assisted in their current units and pay no more than 40 percent of their adjusted income toward the family share, the NYSHCR was allowed to approve an exception payment standard for both participants that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: The participant, who is disabled, required an exception payment standard to continue to remain in her unit and afford her share of the rent. To provide this reasonable accommodation so the client could be assisted in her current unit and pay no more than 40 percent of her adjusted income toward the family share, the RHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: This participant, who is disabled, required an exception payment standard to continue to remain in her unit and afford her share of the rent. To provide this reasonable accommodation so the client could be assisted in her current unit and pay no more than 40 percent of her adjusted income toward the family share, the TE was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.
Granted By:
Date Granted:
Reason Waived: Three participants, who are disabled, required exception payment standards to continue to remain in their units and afford their share of the rent. To provide this reasonable accommodation so that each client could be assisted in its current unit and pay no more than 40 percent of their adjusted income toward the family share, the WPHA was allowed to approve three exception payment standards that exceeded the basic range of 90 to 110 percent of the FMR.
Contact:
- Regulation: 24 CFR 983.51(b)(2).
Project/Activity: Housing Authority of
Nature of Requirement: HUD's regulation at 24 CFR 983.51(b)(2) states that the PHA may select proposals for housing assisted under a federal, state or local government housing assistance, community development, or supportive services program that requires competitive selection of proposals (e.g. HOME and units for which competitively awarded LIHTCs have been provided) where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance.
Granted By:
Date Granted:
Reason Waived: The waiver was granted so that HAMC could select a project that was competitively selected over three years ago to protect the HUD investment of federal tax dollars in a mixed finance project.
Contact:
- Regulation: 24 CFR 983.59(b)(1).
Project/Activity: Housing Authority of the
Nature of Requirement: HUD's regulation at 24 CFR 983.59(b)(1) states that the rent to owner for public housing agency (PHA) owned units is determined according to the same requirements as for other project-based voucher (PBV) units, except that the independent entity approved by HUD must establish the initial contract rents based on an appraisal by a licensed, state-certified appraiser.
Granted By:
Date Granted:
Reason Waived: The proposed rule (The Housing and Economic Recovery Act of 2008 (HERA): Changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher Programs) published in the
Contact:
- Regulation: 24 CFR 983.59(b)(1).
Project/Activity: Housing Authority of
Nature of Requirement: HUD's regulation at 24 CFR 983.59(b)(1) states that the rent to owner for public housing agency (PHA) owned units is determined according to the same requirements as for other project-based voucher (PBV) units, except that the independent entity approved by HUD must establish the initial contract rents based on an appraisal by a licensed, state-certified appraiser.
Granted By:
Date Granted:
Reason Waived: The proposed rule (The Housing and Economic Recovery Act of 2008 (HERA): Changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher Programs) published in the
Contact:
[*Federal RegisterRK 2014-09-03]
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