Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2016
Notice.
Citation: "82 FR 15532"
Document Number: "Docket No. FR-5946-N-04"
Page Number: "15532"
"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 fourth quarter of calendar year 2016.
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 fourth quarter of calendar year 2016) before the next report is published (the first quarter of calendar year 2017), HUD will include any additional waivers granted for the fourth 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:
Associate General Counsel for Legislation and Regulations.
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 91.105(c)(2).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 91.105(c)(2) requires a 30-day public comment period prior to the implementation of a substantial amendment to a grantee's consolidated plan.
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 91.105(c)(2), 24 CFR 570.201(e)(1), and 24 CFR 570.207(b)(3).
Project/Activity:
Nature of Requirement: The regulations at 24 CFR 91.105(c)(2), 24 CFR 570.201(e)(1), and 24 CFR 570.207(b)(3) require a 30-day public comment period prior to the implementation of a substantial amendment to a grantee's consolidated plan, limit the amount of CDBG funds used for public services to no more than 15 percent of each grant, and prohibit CDBG grantees from carrying out new construction of housing, respectively.
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 570.200(h).
Project/Activity: On
Nature of Requirement: The Entitlement CDBG program regulation at 24 CFR 570.200(h) authorizes a grantee to incur costs against its CDBG grant prior to the effective date of its grant agreement with HUD. Under this regulation, the effective date of a grantee's grant agreement is either the grantee's program year start date or the date that the grantee's consolidated plan/action plan is received by HUD, whichever is later. This waiver was issued to the extent necessary to treat the effective date of a grantee's grant agreement as the grantee's program year start date or date or the date that the grantee's consolidated plan/action plan is received by HUD, whichever is earlier.
Granted By:
Date Granted:
Reason Waived: Under the provisions of the Notice, a grantee's consolidated plan/action plan may not be submitted to (and thus received by) HUD until several months after the grantee's program year start date. Lengthy delays in the enactment of FY 2017 appropriations for the Department, and implementation of the policy to delay submission of FY 2017 Action Plans, may have negative consequences for CDBG grantees that intend to incur eligible costs prior to the award of FY 2017 funding. Some activities might otherwise be interrupted while implementing these revised procedures. In addition, grantees might not otherwise be able to use CDBG funds for planning and administrative costs of administering their programs. In order to address communities' needs and to ensure that programs can continue without disturbance, this waiver was issued to allow grantees to incur pre-award costs on a timetable comparable to that under which grantees have operated in past years. This waiver is available for use by any applicable CDBG grantee whose action plan submission is delayed past the normal submission date because of delayed enactment of FY 2017 appropriations for the Department. This waiver authority is only in effect until
Contact:
* Regulation: 24 CFR 576.403 and 24 CFR 576.106.
Project/Activity:
Nature of Requirement: 24 CFR 576.403(c) states that Emergency Solutions Grants (ESG) funds cannot be used to assist participants living in, or moving into, housing that does not meet Minimum Habitability Standards. 24 CFR 576.106(d) prevents ESG rental assistance funds from being used to provide rental assistance in a unit that exceeds HUD determined
Granted By:
Date Granted:
Reason Waived: HUD granted a limited, conditional waiver of 24 CFR 576.403(c) to allow subrecipients to provide the legal services necessary to prevent eviction and/or obtain the necessary repairs to bring program participants' units up to the required standards and stabilize them in their housing. In addition, because the state provided sufficient documentation of its subrecipients inability to provide adequate ESG rental assistance in units at or below
Contact:
* Regulation: CPD Notice 14-10.
Project/Activity:
Nature of Requirement: This notice sets forth the transition from the use of the Decennial Census data to the
Granted By:
Date Granted:
Reason Waived: The Langworthy Field project has been funded out of multiple years funding and in order to finalize the project and comply with the area benefit national objective for the State Community Development Block Grant Program, the effective date of CPD Notice 14-10 needed to be waived and a new effective date be established, for this activity only, so that it may be completed.
Contact: James Hoeemann, Deputy Director, Office of State and Small Cities Division,
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 219.220(b).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the
Granted By:
Date Granted:
Reason Waived: The owner requested and was granted a waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve this affordable housing resource for an additional 20 years through the execution and recordation of a Rental Use Agreement.
Contact:
* Regulation: 24 CFR 266.200(b)(2).
Project/Activity:
Nature of Requirement: The 24 CFR part 266.200(b)(2) Substantial Rehabilitation. The Department will permit the revised definition of substantial rehabilitation (S/R) in the revised MAP Guide published on
Granted By:
Date Granted:
Reason Waived: Necessary to effectuate the
Contact:
* Regulation: 24 CFR 266.200(c)(2).
Project/Activity:
Nature of Requirement: Equity take-outs for existing projects (refinance transactions): 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 HFA-financed projects and those outside of HFA's portfolio if the result is preservation with the following conditions:
1. Occupancy is no less than 93% 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 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 authorization, etc.,), and
b. In accordance with regulations found 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 NYSHFA determines that a project's excess funds (surplus cash) after project operations, reserve requirements and permitted distributions are met, NYSHFA 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 Contract 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:
Date Granted:
Reason Waived: Necessary to effectuate the
Contact:
* Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: Section 266.410(e) governs the amortization, which the mortgage must provide for complete amortization (i.e., regularly amortizing over the term of the mortgage).
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: Section 266.410(e) governs the amortization, which the mortgage must provide for complete amortization (i.e., regularly amortizing over the term of the mortgage).
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 266.620(e).
Project/Activity:
Nature of Requirement: The 24CFR part 266.620(e) Termination of
Granted By:
Date Granted:
Reason Waived: Necessary to effectuate the
Contact:
* Regulation: 24 CFR 290.30(a).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 290.30(a), which governs the sale of HUD-held mortgages, states that "[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held multifamily mortgages on a competitive basis."
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted a waiver of the non-competitive sale of a HUD-held multifamily mortgage. A waiver allows the Department to assign the mortgage to the owner's new mortgagee to avoid paying mortgage recording tax in the
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 has exhausted all efforts to obtain additional funding from other sources.
Contact:
* Regulation: 24 CFR 891.130(a).
Project/Activity:
Nature of Requirement: Section 891.130(a) prohibits Officers or Board members of either the Sponsor or the Owners (or Borrowers, as applicable) to have any financial interest in any contract with the Owner or in any firm which has a contract with the Owner. This restriction applies as long as the individual is serving on the Board and for a period of three years following resignation or final closing, whichever occurs later.
Granted By:
Date Granted:
Reason Waived: The integrity of the Section 202 or Section 811 program is not jeopardized and the service to be provided would not otherwise be readily available. They meet HUD requirements.
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 36 months, as approved by HUD on a case-by-case basis.
Granted By:
Date Granted:
Reason Waived: Additional time was needed to review the initial closing package.
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 36 months, as approved by HUD on a case-by-case basis.
Granted By:
Date Granted:
Reason Waived: Additional time was needed for the
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 982.503.
Project/Activity:
Nature of Requirement: 24 CFR 982.503 establishes the regulatory requirement for the setting of payment standards and schedules for the Housing Choice Voucher program.
Granted By:
Date Granted:
Reason Waived: This regulation was waived since without a waiver, the agency would have to cease using SAFMRs which had been in effect since
Contact:
* Regulation: 24 CFR 982.503.
Project/Activity: Housing Authority of
Nature of Requirement: 24 CFR 982.503 establishes the regulatory requirement for the setting of payment standards and schedules for the Housing Choice Voucher program.
Granted By:
Date Granted:
Reason Waived: This regulation was waived since without a waiver, the agency would have to cease using SAFMRs which had been in effect since
Contact:
* Regulation: 24 CFR 982.503(a) and (c)(2).
Project/Activity:
Nature of Requirement: These regulations limit the amount of exception payment standards that may be established for the public housing agency.
Granted By:
Date Granted:
Reason Waived: Higher payment standards were warranted since the utilization of HUD-VASH vouchers was only 70 percent and the vacancy rate in
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Nature of Requirement: 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 no more than 120 percent of the
Granted By:
Date Granted:
Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share.
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: 24 CFR 985.101(a) states a PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year.
Granted By:
Date Granted:
Reason Waived: This waiver was granted for the WHA's fiscal year ending
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: 24 CFR 985.101(a) states a PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year.
Granted By:
Date Granted:
Reason Waived: This waiver was granted for the AMHA's fiscal year ending
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: 24 CFR 985.101(a) states a PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year.
Granted By:
Date Granted:
Reason Waived: This waiver was granted for the DSHA's fiscal year ending
Contact:
* Regulation: 24 CFR 902.22 and 902.25
Project/Activity:
Nature of Requirement: Physical inspections are required to ensure that public housing units are decent, safe, sanitary and in good repair, as determined by an inspection conducted in accordance with HUD's Uniform Physical Condition Standards (UPCS). Baseline inspections will have all properties inspected regardless of previous PHAS designation or physical inspection scores.
Granted By:
Date Granted:
Reason Waived:
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good cause of its 2016 physical inspection and its 2016 PHAS physical condition indicator score for the FYE
Contact:
* Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the
Nature of Requirement: Physical inspections are required to ensure that public housing units are decent, safe, sanitary and in good repair, as determined by an inspection conducted in accordance with HUD's Uniform Physical Condition Standards (UPCS). Baseline inspections will have all properties inspected regardless of previous PHAS designation or physical inspection scores.
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 902.22 and 902.25.
Project/Activity: Housing Authority of the City of Eunice (LA025).
Nature of Requirement: Physical inspections are required to ensure that public housing units are decent, safe, sanitary and in good repair, as determined by an inspection conducted in accordance with HUD's Uniform Physical Condition Standards (UPCS). Baseline inspections will have all properties inspected regardless of previous PHAS designation or physical inspection scores.
Granted By:
Date Granted:
Reason Waived:
Contact:
[FR Doc. 2017-06198 Filed 3-28-17;
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