Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2012
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Notice.
Citation: "77 FR 72370"
Document Number: "Docket No. FR-5639-N-03"
"Notices"
SUMMARY: Section 106 of the
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 third quarter of calendar year 2012.
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
Waiver of regulations that involve the same initial regulatory citation are in time sequence beginning with the earliest-dated regulatory waiver.
Should HUD receive additional information about waivers granted during the period covered by this report (the third quarter of calendar year 2012) before the next report is published (the fourth quarter of calendar year 2012), HUD will include any additional waivers granted for the third quarter in the next report.
Dated:
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 58.22(a).
Project/Activity:
Nature of Requirement: The HUD environmental regulation under 24 CFR 58.22(a) pertaining to limitations on activities pending clearance require: "Neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in 24 CFR 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for Release of Funds (RROF) and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in 24 CFR 58.1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives."
Granted By:
Date Granted: August, 22, 2012.
Reason Waived: The project at issue was determined to be one that would further the HUD mission and advance HUD program goals to develop viable, quality communities and affordable housing. It was also determined that the grantee unknowingly violated the regulation, but that no HUD funds had been committed at the time of the violation. Based on the environmental assessments and the HUD field inspection, it was determined that granting the waiver would not result in any unmitigated, adverse environmental impact.
Contact:
* Regulation: 24 CFR 91.15(a)(2).
Project/Activity: The
Nature of Requirements: The Consolidated Plan regulation at 24 CFR 91.15(a)(2) requires a participating jurisdiction to submit its Annual Action Plan no later than
Granted By:
Date Granted:
Reasons Waived: The
Contact:
* Regulation: 24 CFR 92.503(b)(3).
Project/Activity: Each of the following cities requested a waiver of the repayment provision at 24 CFR 92.503(b)(3) so that the city could repay its HOME investment trust fund local account and use the repaid funds for eligible affordable housing activities:
Nature of Requirements: The HOME funds repayment provision at 24 CFR 92.503(b)(3) states: "If the HOME funds were disbursed from the participating jurisdiction's
Granted By:
Date Granted: July through September, 2012.
Reasons Waived: Waivers were granted to permit the cities to repay their HOME investment trust fund local account to make the funds available for eligible affordable housing activities. The cities were obligated to repay HOME funds for projects that were terminated before completion to the HOME grant from which they were expended. If all or a portion of the total repayment was repaid to an expired account, the repayment would have been received by HUD but retained by the U.S. Treasury. As a result, the repaid funds would have no longer been available for the cities to use in eligible affordable housing activities. The waivers were granted to permit the cities' to repay their local
Contact:
* Regulation: 24 CFR 570.308(a)(1).
Project/Activity: Because of the difficulties experienced by the village of
Nature of Requirement: HUD's regulation at 24 CFR 570.308(a)(1) states that a joint request shall only be considered if submitted at the time an urban county is seeking a three year qualification or requalification as an urban county.
Granted By:
Date Granted:
Reason Waived: 24 CFR 570.308(a)(1) was waived so that
Contact:
*
Project/Activity: Recent natural disasters negatively affected some grantees' ability to complete CDBG-R funded activities, and thus their ability to expend all of their CDBG-R funds by the
Nature of Requirement: Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-005, approved
Granted By:
Date Granted:
Reason Waived: The
Contact:
* Regulation: Section II.H.3.F of the Neighborhood Stabilization Program (NSP) 3 Notice, published on
Project/Activity: The city of
Nature of Requirement: Section II.H.3.F of the NSP3 Notice provides that a grantee may not use more than ten percent of its grant for demolition activities.
Granted By:
Date Granted:
Reason Waived: The City provided statistical data evidencing high vacancy and abandonment rates due to significant population and job loss. The City explained that there are a high number of properties requiring immediate demolition to remove safety hazards and the destabilizing influence of the blighted properties.
Contact:
* Regulation: Section II.H.3.F of the Neighborhood Stabilization Program (NSP) 3 Notice, published on
Project/Activity: The city of
Nature of Requirement: Section II.H.3.F of the NSP3 Notice provides that a grantee may not use more than ten percent of its grant for demolition activities.
Granted By:
Date Granted:
Reason Waived: The City provided statistical data evidencing high vacancy and abandonment rates due to significant population and job loss. With the additional funds, the City advised that it would target the
Contact:
* Regulation: Section II.H.3.F of the Neighborhood Stabilization Program (NSP) 3 Notice, published on
Project/Activity: The city of
Nature of Requirement: Section II.H.3.F of the NSP3 Notice provides that a grantee may not use more than ten percent of its grant for demolition activities.
Granted By:
Date Granted:
Reason Waived: The City provided statistical data evidencing high numbers of blighted and condemned properties. The City explained that the ability to use additional NSP funds for demolition will allow for the removal of blighted housing units which will help stabilize neighborhoods by eliminating safety concerns, reducing crime, and increasing the feasibility for future development and community investment.
Contact:
II. Regulatory Waivers Granted by the Office of 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 203.43f(c)(i) and 24 CFR 203.43f (d)(ii).
Project/Activity: Title II manufactured homes located within a
Nature of Requirement: The applicable regulations state that the finished grade beneath both new and existing manufactured homes shall be at or above the 100 year return frequency flood elevation.
Granted By:
Date Granted:
Reason Waived: Failure to extend the waiver would interrupt the sale of manufactured housing in the
Contact:
* Regulation: 24 CFR 219.220(b) (1995 CFR edition).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b), which governs the repayment of operating assistance provided under the
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted waiver of the requirement to defer repayment of the Flexible Subsidy Operating Assistance Loan because the project does not have sufficient funds to repay the loan upon maturity. This waiver will allow the owner of
Contact:
* Regulation: 24 CFR 219.220(b)(1995).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b), which governs the repayment of operating assistance provided under the
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted waiver of the requirement to defer repayment of the Flexible Subsidy Operating Assistance Loan because the owner had insufficient funds available to repay the loan upon maturity. It was determined that waiver of this regulation would allow for a refinance of the loan which will provide mortgage proceeds necessary for the recapitalization and substantial rehabilitation of the project and the preservation of the project's 90 units as affordable housing. The owner will be required to execute and record a Rental Use Agreement for the 40-year term of the re-amortized Flexible Subsidy Loan.
Contact:
* Regulation: 24 CFR 219.220(b)(1995).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b), which governs the repayment of operating assistance provided under the
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted waiver of the requirement to defer repayment of the Flexible Subsidy Operating Assistance Loan because the owner had insufficient funds available to both repay the loan upon maturity and rehabilitate the property. It was determined that waiver of this regulation would allow refinancing to recapitalize the property and preserve the 200 units of much-needed affordable housing through execution and recordation of a Rental Use Agreement. The property will be preserved for a period of an additional 35 years as affordable housing.
Contact:
* Regulation: 24 CFR 219.220(b)(1995).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 219.220(b), which governs the repayment of operating assistance provided under the
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted waiver of the requirement to defer repayment of the Flexible Subsidy Operating Assistance Loan because the owner had insufficient funds available to repay the loan upon maturity. It was determined that waiver of this regulation was necessary for recapitalization of the project to permit needed repairs to be made at the property. The deferment will preserve this much-needed affordable housing for a period of an additional 35 years through execution and recordation of a Rental Use Agreement.
Contact:
* Regulation: 24 CFR 232.3.
Project/Activity: Autumn Leaves at
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates that in a board and care home or assisted living facility, 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: HUD granted the waiver because the memory care residents of Autumn Leaves are assisted and supervised, while bathing. The bathing/shower rooms are specifically designed to provide enough space for staff to safely assist the residents.
Contact:
* Regulation: 24 CFR 232.3.
Project/Activity: Century Assisted Living has a license for 26 Alzheimer units and operates in two separate buildings,
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates in a board and care home or assisted living facility that the bathroom cannot be accessed from a public corridor or area.
Granted By:
Date Granted:
Reason Waived: HUD granted the waiver because it was determined that certain residents of Century Assisted Living's
Contact:
* Regulation: 24 CFR 232.3.
Project/Activity: The Lodge at
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates in a board and care home or assisted living facility that the bathroom cannot be accessed from a public corridor or area.
Granted By:
Date Granted:
Reason Waived: HUD granted the waiver on the basis that the residents of
Contact:
* Regulation: 24 CFR 232.3.
Project/Activity: Country House--Dickinson (Country House) is an assisted living facility and has a license for 30 beds in 22 units. Currently, Country House serves Alzheimer Care residents. The project is located in
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates in a board and care home or assisted living facility that the bathroom cannot be accessed from a public corridor or area.
Granted By:
Date Granted:
Reason Waived: HUD granted the waiver on the basis that the Alzheimer Care residents of Country House all need assistance with bathing. The bathing/shower rooms provide enough space for staff to safely assist the residents. Country House has concluded that this arrangement is safer for the residents.
Contact:
* Regulation: Mortgagee Letter 2011-22, Condominium Approval Process for Single Family Housing--Consolidation and Update of Approval Requirements.
Project/activity: Properties eligible for FHA-insured mortgages.
Nature of Requirement: Mortgagee Letter 2011-22 and the attached Condominium Project Approval and Processing Guide consolidated and updated the requirements and procedures that constitute the Condominium Approval Process.
Granted By:
Date Granted:
Reason Waived: By Mortgagee Letter 2012-18, issued
Contact:
* Regulation: 24 CFR 891.100(d).
Project/Activity:
Nature of Requirement: Section 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 891.100(d).
Project/Activity:
Nature of Requirement: Section 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 891.100(d).
Project/Activity: Ashlawn View Group Home,
Nature of Requirement: Section 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 891.100(d).
Project/Activity:
Nature of Requirement: Section 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 891.100(d).
Project/Activity:
Project Number: 052-EE064/MD06-S101-001.
Nature of Requirement: Section 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 891.100(d) and 24 CFR 891.165.
Project/Activity: Hale Maunaloa Residence,
Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing. Section 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 24 months, as approved by HUD on a case-by-case basis.
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. Also, additional time was needed to review the project proposal, the drawings for accessibility compliance and the contract bidding requirements for the project to achieve an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Project Number: 123-EE107/AZ20-S081-001.
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed for the project to achieve initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to process and issue the firm commitment and for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to issue the firm commitment.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to issue the firm commitment and for the project to be initially closed.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: CPNJ Livingston Residence,
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: Beechtree Commons II,
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to complete the review of the initial closing documents and for the project to reach an initial closing.
Contact:
Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 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 resolve issues raised by the
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: Accorn Walk (
Project Number: 046-EE101/OH10-S091-003.
Nature of Requirement: Section 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 24 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 the proper zoning and site approval from the local authority.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: FSWP GL V,
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing.
Contact:
. Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach initial closing and start construction.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to complete processing of the firm commitment application and for the project to be initially closed.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: Rockwood Center,
Granted by:
Date Granted:
Reason Waived: Additional time was needed for approval and processing requirements of the various funding sources of this mixed finance project.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to review the firm commitment application, achieve initial closing and start construction.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed for HUD to issue the firm commitment and for the project to achieve an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to issue the firm commitment, to review the initial closing documents and for the project to reach initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 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 resolve a zoning appeal and for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to issue the firm commitment, review the initial closing documents, and for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: City of Utica Section 811 Project,
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to complete the processing of the firm commitment application and for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Project Number: 035-HD073/NJ39-Q091-009.
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed to finalize the firm commitment application and for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity: The Woods of
Project Number: 073-HD087/IN36-Q091-001.
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed for the project to reach an initial closing.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: The project experienced significant delays due to local opposition causing the site to be changed twice.
Contact:
* Regulation: 24 CFR 891.165.
Project/Activity:
Nature of Requirement: Section 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 24 months, as approved by HUD on a case-by-case basis.
Granted by:
Date Granted:
Reason Waived: Additional time was needed for the firm commitment application to be submitted and reviewed, and for the project to achieve an initial closing.
Contact:
* Regulation: 24 CFR 891.205.
Project/Activity: Beckley House Expansion,
Nature of Requirement: Section 891.205 requires Section 202 project owners to be single-purpose private nonprofit organizations.
Granted by:
Date Granted:
Reason Waived: To allow the owner of another Section 202 project to also own this project. The projects are to be on the same site and time and cost savings are anticipated from not having to create a separate owner entity.
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: 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 HUD's Uniform Financial Reporting Rule.
Granted By:
Date Granted:
Reason Waived: The housing authority (HA) contends that the audit was delayed because the HA's audited is completed through the State Legislative Audit Division. The State did not complete the audit before
Contact:
* Regulation: 24 CFR 5.801(d)(1).
Project/Activity:
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:
Date Granted:
Reason Waived: The housing authority (HA) contends that due to transitional difficulties when changing auditors, the audited financial statements could not be submitted by the deadline of
Contact:
* Regulation: 24 CFR 5.801(d)(1).
Project/Activity:
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:
Date Granted:
Reason Waived: The housing authority (HA) contends that because their financial records were seized as a result of an ongoing HUD OIG investigation, the audit cannot be completed by their independent auditors. The waiver was granted and the additional time permitted the audit documentation to be adequately completed and entered into the online system. The HA agreed to submit its FYE
Contact:
* Regulation: 24 CFR 5.801(d)(1).
Project/Activity:
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:
Date Granted:
Reason Waived: The housing authority (HA) requested additional time to submit its audited financial requirements to allow the newly hired Deputy Assistant Director for Administration to address Independent Public Audit comments. The HA contends that the additional time was needed in order to complete analyses and revisions to comply with regulatory submission deadlines and Asset Management guidelines for Moving To Work agencies. The waiver was granted and the additional time permitted the HA, in conjunction with the auditor, to complete the audit for the FYE
Contact:
* Regulation: 24 CFR 85.36(c).
Project/Activity: Housing Authority of the
Nature of Requirement: HUD's regulation at 25 CFR 85.36(c) requires that procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of Sec. 85.36.
Granted by:
Date Granted:
Reason Waived: Good cause was found to grant an exception for
Contact:
* Regulation: 24 CFR 982.202(b)(1).
Project/Activity:
Nature of Requirement: HUD's regulation 24 CFR 982.202(b)(1) states that admission to the program may not be based on where the family lives before admission to the program
Granted By:
Date Granted:
Reason Waived: The preference for families discharged from
Contact:
* Regulation: 24 CFR 982.503(b)(1).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(b)(1) states that the public housing agency may establish the payment standard amount for a unit size at any level between 90 percent and 110 percent of the published fair market rent (FMR) for that unit size.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because VIHA had been applying payment standards that were above previously approved exception payment standard amounts. To avoid the impact that a drastic cut in subsidy would have on assisted families, VIHA was given a limited time to approve payment standards above the basic range.
Contact:
* Regulation: 24 CFR 982.503(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c)(3) states that at the request of the public housing agency, an exception payment standard above 120 percent of the fair market rent (FMR) may be approved if, among other items, such approval is supported by statistically representative rental housing survey data to justify approval in accordance with the methodology described in 24 CFR 888.113.
Granted By:
Date Granted:
Reason Waived: This waiver was granted based on proposed changes to the methodology for determining small area FMRs and the ZIP code level data used to support those calculations.
Contact:
* Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and 982.503(c)(5).
Project/Activity:
Nature of Requirement: HUD's 24 CFR 982.503(c) establishes the methodology for establishing exception payment standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii) states that HUD will only approve an exception payment standard amount after six months from the date of HUD approval of an exception payment standard amount above 110 percent to 120 percent of the published fair market rent (FMR). HUD's regulation at 24 CFR 982.503(c)(5) states that the total population of a HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because of a shock to the rental housing market in the MCHA FMR area caused by increased economic activity due to natural resource exploration.
Contact:
* Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and 982.503(c)(5).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c) establishes the methodology for establishing exception payment standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii) states that HUD will only approve an exception payment standard amount after six months from the date of HUD approval of an exception payment standard amount above 110 percent to 120 percent of the published fair market rent (FMR). HUD's regulation 24 CFR 982.503(c)(5) states that the total population of a HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because of a shock to the rental housing market in the FCHA FMR area caused by increased economic activity due to natural resource exploration.
Contact:
* Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and 982.503(c)(5).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c) establishes the methodology for establishing exception payment standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii) states that HUD will only approve an exception payment standard amount after six months from the date of HUD approval of an exception payment standard amount above 110 percent to 120 percent of the published fair market rent (FMR). HUD's regulation at 24 CFR 982.503(c)(5) states that the total population of a HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because of a shock to the rental housing market in the SCHA FMR area caused by increased economic activity due to natural resource exploration.
Contact:
* Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and 982.503(c)(5).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c) establishes the methodology for establishing exception payment standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii) states that HUD will only approve an exception payment standard amount after six months from the date of HUD approval of an exception payment standard amount above 110 percent to 120 percent of the published fair market rent (FMR). HUD's regulation at 24 CFR 982.503(c)(5) states that the total population of a HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because of a shock to the rental housing market in the SCHA FMR area caused by increased economic activity due to natural resource exploration.
Contact:
* Regulation: 24 CFR 982.503(c), 982.503(c)(4)(ii) and 982.503(c)(5).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.503(c) establishes the methodology for establishing exception payment standards for an area. HUD's regulation at 24 CFR 503(c)(4)(ii) states that HUD will only approve an exception payment standard amount after six months from the date of HUD approval of an exception payment standard amount above 110 percent to 120 percent of the published fair market rent (FMR). HUD's regulation at 24 CFR 982.503(c)(5) states that the total population of a HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because of a shock to the rental housing market caused by increased economic activity in the MPCHA FMR area due to natural resource exploration.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the SCSHC to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Town of
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the TPHC to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the HADC to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the MCHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the MCHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the SHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the MCHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the DCHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the HACB to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the NRHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the BHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the JCHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.505(c)(3).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the WHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
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 wheelchair-accessible unit. To provide this reasonable accommodation so the client could move to an accessible unit and pay no more than 40 percent of her adjusted income toward the family share, the WHA 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 spouse of the head of household is disabled and the family 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 its adjusted income toward the family share, the LRHA 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(c)(3) and 982.517(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) states that, if the amount on the payment standard schedule is decreased during the term of the housing assistance payments (HAP) contract, the lower payment standard amount generally must be used to calculate the monthly HAP for the family beginning on the effective date of the family's second regular reexamination following the effective date of the decrease. HUD's regulation at 24 CFR 982.517(d) requires a public housing agency (PHA) to use the appropriate utility allowance for the size of the dwelling unit actually leased by the family rather than the family unit size as determined by the PHA subsidy standards and specified on the voucher.
Granted By:
Date Granted:
Reason Waived: These waivers were granted because these cost-saving measures would enable the SHC to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.517(b).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.517(b) requires that utility allowance schedules must be determined based on the typical costs of utilities and services paid by energy conservative households using normal patterns of consumption for the community as a whole.
Granted By:
Date Granted:
Reason Waived: This waiver was granted to allow NYCDHPD to establish project specific utility allowances at a sub-metered building to ensure the accuracy of typical cost and consumption data of utilities in determining the gross rent.
Contact:
* Regulation: 24 CFR 982.517(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 982.517(d) requires a public housing agency (PHA) to use the appropriate utility allowance for the size of the dwelling unit actually leased by the family rather than the family unit size as determined by the PHA subsidy standards and specified on the voucher.
Granted By:
Date Granted:
Reason Waived: This waiver was granted because this cost-saving measure would enable the EHA to manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.
Contact:
* Regulation: 24 CFR 982.637(a)(2).
Project/Activity:
Nature of Requirement: 24 CFR 982.637(a)(2) states that a public housing agency may not commence tenant-based rental assistance for occupancy of a new unit so long as any family member owns any title or other interest in the prior home.
Granted By:
Date Granted:
Reason Waived: This waiver was granted due to safety concerns under the Violence Against Women Act and to allow the family to remain assisted.
Contact:
* Regulation: 24 CFR 983.253(b).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 983.253(b) states that the project-based voucher (PBV) contract unit leased to each family must be appropriate for the size of the family under the public housing agency's subsidy standards.
Granted By:
Date Granted:
Reason Waived: This waiver was extended to allow one-bedroom eligible families to lease two-bedroom units based on the continued need to house severely disabled households under the LHA's PBV permanent supportive housing program.
Contact:
* Regulation: 24 CFR 984.303(d).
Project/Activity:
Nature of Requirement: HUD's regulation at 24 CFR 984.303(d) limits the extension of a family self-sufficiency (FSS) contract by a public housing agency to two years beyond the initial five-year term of a new unit so long as any family member owns any title or other interest in the prior home.
Granted By:
Date Granted:
Reason Waived: This waiver was granted due to allow the FSS participant to complete her education and employment goals. An additional two years was granted.
Contact:
[FR Doc. 2012-29128 Filed 12-4-12;
BILLING CODE 4210-67-P
| Copyright: | (c) 2012 Federal Information & News Dispatch, Inc. |
| Wordcount: | 15894 |
State Revokes, Suspends Licenses, Certifications, Registrations of Health Care Providers
Patient Protection and Affordable Care Act; Establishment of the Multi-State Plan Program for the Affordable Insurance Exchanges
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