Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2018
Notice.
Citation: "83 FR 49410"
Document Number: "Docket No. FR-6101-N-02"
Page Number: "49410"
"Notices"
Agency: "
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 second quarter of calendar year 2018.
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 second quarter of calendar year 2018) before the next report is published (the third quarter of calendar year 2018), 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.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
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
IV. 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 576.403(b).
Project/Activity: HUD granted a limited waiver of 24 CFR 576.403(b) to the
Nature of Requirement: If ESG funds are used for shelter operations costs, the shelter must meet the minimum safety, sanitation, and privacy standards under 24 CFR 576.403(b); and must comply with Section 504's accessibility requirements in 24 CFR part 8. If ESG funds are used to convert a building into a shelter, rehabilitate a shelter, or otherwise renovate a shelter, the shelter must meet the minimum safety, sanitation, and privacy standards in 24 CFR 576.403(b); accessibility requirements in Section 504 and Title II of the
Granted by:
Date Granted:
Reason Waived: During the aftermath of Hurricane Maria, the Commonwealth's electrical infrastructure is still in need of major repairs to restore power to many areas. As a result, shelter facilities affected by the disaster may not be equipped to meet ESG Program habitability standards for illumination and electricity but can otherwise provide a safe alternative to unsheltered or otherwise unsafe housing situations.
Contact:
* Regulation: 24 CFR 576.403(c).
Project/Activity: HUD granted a limited waiver of 24 CFR 576.403(c) to the
Nature of Requirement: If ESG funds are used to help a program participant remain or move into housing, the housing must meet the minimum habitability standards provided in 24 CFR 576.403(c); and must comply with Section 504's accessibility requirements in 24 CFR part 8. The habitability standards generally consist of basic health and safety standards.
Granted by:
Date Granted:
Reason Waived: The Commonwealth's electrical infrastructure is still in need of major repairs to restore power to many areas. As a result, housing units affected by the disaster may not be equipped to meet ESG Program habitability standards for illumination and electricity but can otherwise provide a safe alternative to unsheltered or otherwise unsafe housing situations.
Contact:
* Regulation: 24 CFR 576.106(e).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(e) to the
Nature of Requirement: Section 576.106(e) provides that the recipient or subrecipient may make rental assistance payments only to an owner with whom the recipient or subrecipient has entered into an agreement that sets forth the terms under which rental assistance will be provided. HUD implemented the rental assistance agreement requirement to ensure that a legal document establishes the type, amount, maximum time period, and other conditions of rental assistance to be paid with ESG funds. The rental assistance agreement requirement helps protect recipients and subrecipients by ensuring rental assistance payments are only made to owners who agree to be legally bound to the specific conditions imposed on those payments. But more importantly, the agreement protects the program participant by ensuring the subrecipient or recipient pays the subsidy on time and as specified in the agreement, and the owner applies those payments to the program participant's rent. Finally, the agreement provides a source document to support the costs charged to the grant and a record to show that rental assistance was administered in accordance with applicable requirements.
Granted by:
Date Granted:
Reason Waived: According to DHCD, SMOC is the leading provider to low income and affordable housing in its area of operation. As a result, SMOC not only owns a significant number of rental housing available for ESG Program participants but also serves as the main provider of services in the region. Due to a critical lack of subrecipients in the area where SMOC-owned housing is located that could administer rental assistance in place of SMOC, the possibility of having two current ESG subrecipients administer rental assistance remotely, which would eliminate the need to waive the rental assistance agreement requirement, is too administratively burdensome for both DHCD and its subrecipients.
Contact:
II. 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 Sec 115.305.
Project/Activity:
Nature of Requirement: FHEO is providing an
Granted by:
Date Granted:
Reason Waived: Waiver of the 20 percent limitation on SEE funds for eligible FHAP agencies whose total cooperative agreement for fiscal year 2017 was less than
Contact:
III. 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 266.200(b)(2).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2), Substantial Rehabilitation. The Department will permit the revised definition of substantial rehabilitation (S/R) as described in the revised MAP Guide published on
Granted by:
Date Granted:
Reason Waived: Granted waivers of certain provisions of the
Contact:
* Regulation: 24 CFR 266.200(b)(2).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2), Substantial Rehabilitation. The Department will permit the revised definition of substantial rehabilitation (S/R) as described in the revised MAP Guide published on
The High Cost Factors for 2018 were recently published through a Housing Notice (HN) on
Granted by:
Date Granted:
Reason Granted: Under this initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program. When NHHFA has received Firm approval letters for the total of 26 projects utilizing the FFB Risk Sharing Initiative, absent revisions to the Part 266 regulations, NHHFA will need to submit a subsequent written request for these four regulations to be waived for a set number of additional projects.
Contact:
* Regulation: 24 CFR 266.200(b)(2).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2), Substantial Rehabilitation. The Department will permit the revised definition of substantial rehabilitation (S/R) as described in the revised MAP Guide published on
The High Cost Factors for 2018 were recently published through a Housing Notice (HN) on
Granted by:
Date Granted:
Reason Waived: Under this initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk-Sharing Program. When WHEDA has received Firm approval letters for 40 projects utilizing the FFB Risk Sharing Initiative, absent revisions to the Part 266 regulations, WHEDA will need to submit a subsequent written request for these four regulations to be waived for a set number of additional projects.
* Regulation: 24 CFR 266.200(c)(2).
Project/Activity:
Nature of Requirements: The Waiver of 24 CFR 266.200(c)(2), Existing Projects "Equity Take-outs". The Department will permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs, or "equity take-outs" in refinances of DCHFA-financed projects and those outside DCHFA's portfolio if the result is preservation with the following conditions:
1. Occupancy is no less than 93 percent for previous 12 months;
2. No defaults in the last 12 months of the HFA loan to be refinanced;
3. A 20-year affordable housing deed restriction placed on title that conforms to the Section 542(c) statutory definition;
4. A Property Capital Needs Assessment (PCNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and
5. For projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts:
a. Owner agrees to renew HAP contract(s) for 20-year term, (subject to appropriations and statutory authorization, etc.), and
b. In accordance with regulations in 24 CFR 883.306(e), and Housing Notice 2012-14--Use of "New Regulation" Section 8 Housing Assistance Payments (HAP) Contracts Residual Receipts of Offset Project-Based Section 8 Housing Assistance Payments, if at any time DCHFA determines that a project's excess funds (surplus cash) after project operations, reserve requirements and permitted distributions are met, DCHFA 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: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.200(c)(2).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2), Existing Projects "Equity Take-outs". The Department will permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs, or "equity take-outs" in refinances of WHEDA-financed projects and those outside WHEDA's portfolio if the result is preservation with the following conditions:
1. Occupancy is no less than 93 percent for previous 12 months;
2. No defaults in the last 12 months of the HFA loan to be refinanced;
3. A 20-year affordable housing deed restriction placed on title that conforms to the Section 542(c) statutory definition;
4. A Property Capital Needs Assessment (PCNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and
5. For projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts:
a. Owner agrees to renew HAP contract(s) for 20-year term, (subject to appropriations and statutory authorization, etc.); and
b. In accordance with regulations in 24 CFR 883.306(e), and Housing Notice 2012-14--Use of "New Regulation" Section 8 Housing Assistance Payments (HAP) Contracts Residual Receipts of Offset Project-Based Section 8 Housing Assistance Payments, if at any time WHEDA determines that a project's excess funds (surplus cash) after project operations, reserve requirements and permitted distributions are met, WHEDA 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: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.200(c)(2).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2), Existing Projects "Equity Take-outs". The Department will permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs, or "equity take-outs" in refinances of NHHFA-financed projects and those outside NHHFA's portfolio if the result is preservation with the following conditions:
1. Occupancy is no less than 93 percent for previous 12 months;
2. No defaults in the last 12 months of the HFA loan to be refinanced;
3. A 20-year affordable housing deed restriction placed on title that conforms to the Section 542(c) statutory definition;
4. A Property Capital Needs Assessment (PCNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and
5. For projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts:
a. Owner agrees to renew HAP contract(s) for 20-year term, (subject to appropriations and statutory authorization, etc.), and
b. In accordance with regulations in 24 CFR 883.306(e), and Housing Notice 2012-14--Use of "New Regulation" Section 8 Housing Assistance Payments (HAP) Contracts Residual Receipts of Offset Project-Based Section 8 Housing Assistance Payments, if at any time NHHFA determines that a project's excess funds (surplus cash) after project operations, reserve requirements and permitted distributions are met, NHHFA 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: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.200(d).
Project/Activity:
Nature of Requirement: The Waivers of 24 CFR 266.200(d), Projects receiving Section 8 rental subsidies or other rental subsidies. For refinancing of Section 202 projects, and for
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.200(d).
Project/Activity:
Nature of Requirement: The Waivers of 24 CFR 266.200(d), Projects receiving Section 8 rental subsidies or other rental subsidies. For refinancing of Section 202 projects, and for
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.200(d).
Project/Activity:
Nature of Requirement: The Waivers of 24 CFR 266.200(d), Projects receiving Section 8 rental subsidies or other rental subsidies. For refinancing of Section 202 projects, and for
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.620(e).
Project/Activity:
Nature of Requirement: The waiver of 24 CFR 266.620(e) Termination of
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: The 24 CFR 266.410(e), which requires mortgages insured under the 542(c) Housing Finance Agency Risk-Sharing Program to be fully amortized over the term of the mortgage. The waiver would permit CalHFA to use balloon loans that would amortize over a period of up to 35 years, but terms as short as 17 years for 40 transactions, including new construction/rehabilitation or acquisition/refinancing.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow CalHFA's clients additional financing options to their customers and to align CALHFA business practices with industry standards. CalHFA had previously been granted a waiver to provide Risk Share insured financing for balloon loans. This waiver is effective through
1. This waiver expires on
2. CalHFA must elect to take 50 percent or more of the risk of loss on all transactions.
3. Loans made under this waiver may have amortization periods of up to 35 years, but terms as short as 17 years.
4. All other requirements of 24 CFR 266.410 remain applicable. The waiver is applicable only to loans made under CalHFA's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not exceed an amount supportable by the lower of the Section 8 or comparable unassisted rents.
6. Projects must comply with
7. CalHFA must comply with regulations stated in 24 CFR 266.210 for insured advances or insurance upon completion transactions.
8. An Affordable Housing Deed restriction for at least 20 years must be recorded.
Contact:
Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirements: The 24 CFR 266.410(e), which requires mortgages insured under the 542(c) Housing Finance Agency Risk-Sharing Program to be fully amortized over the term of the mortgage. The waiver would permit CHFA to use balloon loans that would have a minimum term of 17 years and a maximum amortization period between 30-40 years for 9 transactions, including projects involving new construction/rehabilitation or acquisition/refinancing. This waiver would expire on
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow CHFA the ability to offer balloon loans which have become a standard product in the affordable housing industry. Borrowers can obtain better interest rates and a shorter term that works well for a typical new construction or substantial rehabilitation LIHTC deal, because these borrowers can pay off or restructure their loans soon after the 15-year LIHTC compliance period as defined by the
The regulatory waiver is subject to the following conditions:
1. This waiver expires on
2. CHFA must elect to take 50 percent or more of the risk of loss on all transactions.
3. Loans made under this waiver may have amortization periods of up to 40 years, but terms as short as 17 years.
4. All other requirements of 24 CFR 266.410 remain applicable. The waiver is applicable only to loans made under CHFA's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not exceed an amount supportable by the lower of the Section 8 or comparable unassisted rents.
6. Projects must comply with
7. CHFA must comply with regulations stated in 24 CFR 266.210 for insured advances or insurance upon completion transactions.
8. An Affordable Housing Deed restriction for at least 20 years must be recorded.
9. The loans exceeding
Contact:
* Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: The 24 CFR 266.410(e) a waiver of 24 CFR 266.410(e), which requires mortgages insured under the 542(c) Housing Finance Agency Risk-Sharing Program to be fully amortized over the term of the mortgage. The waiver would permit MDHCD to use balloon loans that would have a minimum term of 17 years and a maximum amortization period of 40 years for 20 transactions, including projects involving new construction/rehabilitation or acquisition/refinancing.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow MDHCD the ability to offer balloon loans to respond to the desire of borrowers for a financing option that reflects the contemporary cycle of capitalizations prevalent in the marketplace where projects, especially those involving the Low-Income Tax Credits, are refinanced every 15 years or so. More frequent recapitalizations allow the State's stock of multifamily properties to remain in excellent condition which is essential for maintaining the strength of
The regulatory waiver is subject to the following conditions:
1. This waiver expires on
2. MDHCD must elect to take 50 percent or more of the risk of loss on all transactions.
3. Loans made under this waiver may have amortization periods of up to 40 years, but terms as short as 17 years.
4. All other requirements of 24 CFR 266.410 remain applicable. The waiver is applicable only to loans made under MDHCD's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not exceed an amount supportable by the lower of the Section 8 or comparable unassisted rents.
6. Projects must comply with
7. MDHCD must comply with regulations stated in 24 CFR 266.210 for insured advances or insurance upon completion transactions.
8. An Affordable Housing Deed restriction for at least 20 years must be recorded.
Contact:
* Regulation: 24 CFR 266.410(e).
Project/Activity:
Nature of Requirement: The 24 CFR 266.410(e), which requires mortgages insured under the 542(c) Housing Finance Agency Risk Sharing Program to be fully amortized over the term of the mortgage. The waiver would permit
Granted by:
Date Granted:
Reason Waived: The approval of this Waiver Extension Request will allow
1.
2. The waiver is effective for a two-year period, retroactive to
3. All other requirements of 24 CFR 266.410 remain applicable.
4. In accordance with 24 CFR 266.200(d), the mortgage may not exceed an amount supportable by the lower of Section 8 or comparable unassisted market rents.
5. If applicable, projects must comply with
6.
7. An Affordable Housing Deed restriction for 20 years must be recorded.
Contact:
* Regulation: 24 CFR 266.620(e).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.620(e) Termination of
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.620(e).
Project/Activity:
Nature of Requirement: The Waiver of 24 CFR 266.620(e) Termination of
Granted by:
Date Granted:
Reason Waived: Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.
Contact:
* Regulation: 24 CFR 266.638(b) and (d).
Project/Activity:
Nature of Requirement: The 24 CFR 266.638(b)and (d) for debenture maturities, and interest rate accruals beyond the dates outlined in HUD's letter dated
Granted by:
Date Granted:
Reason Waived: This is an extension of a previously granted waiver for the debenture accruals, and the Katrina related claims were related to an extraordinary natural disaster Good cause has been shown that it is in the best interest of the public, and the Department to grant the waivers of 24 CFR 266.638(b) and (d) to extend debenture maturities and continue the suspension of interest accruals. The waiver approval is subject to
Contact:
* Regulation: 24 CFR 891.805.
Project/Activity: Sunset Retirement Home East, FHA Project Number 074-EE014; Sunset Retirement Home North, FHA Project Number 074-EE009; and Sunset Retirement Home South, FHA Project Number 074-SH007,
Nature of Requirement: The regulation at 24 CFR 891.805, which governs For-Profit Partnerships and
Granted by:
Date Granted:
Reason Waived: The owner requested and was granted a waiver of the "single-asset entity" provision. A waiver allows the Department to permit a Section 202 Owner to be structured as a Limited Partnership, whose
Contact:
IV. 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(c) and 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:
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of San German (RQ030).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Guayama (RQ017).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Penuelas (RQ019).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Fajardo (RQ036).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Isabela (RQ066).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Arroyo (RQ068).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Corozal (RQ023).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Aguadilla (RQ012).
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 HA requested relief from compliance to extend the due date of its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 982.161(a)(2).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.161(a)(2) states that neither the PHA nor any of its contractors, subcontractors or agency who formulate policy or who influence decisions with respect to the programs may enter into a contract or arrangement in connection with the voucher program.
Granted by:
Date Granted:
Reason Waived: This waiver was approved because HUD determined that based on the structured oversight of the contractor, the PHA eliminated the conflict of interest.
Contact:
* Regulation: 24 CFR 982.305(c)(4).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 982.305(c)(4) states that any HAP contract executed after the 60-day period is void and the PHA may not pay any housing assistance payments to the owner.
Granted by:
Date Granted:
Reason Waived: The waiver was approved to prevent the financial hardship of requiring low-income families pay the full amount of their rent at no fault of their own.
Contact:
* Regulation: 24 CFR 982.401(f)(2)(i).
Project/Activity: The Bloomington HRA in
Nature of Requirement: This regulation requires that there must be at least one window in the living room and in each sleeping room.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to prevent the loss of affordable housing in an area with low vacancy rates. Additionally, the units meet all state and local housing codes including the International
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the agency additional administrative time to effectively implement SAFMRs in their jurisdiction.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This MTW PHA is in the process of implementing alternative payment standards policies as authorized under their MTW agreement. The waiver was approved to avoid the unnecessary administrative burden and confusion of implementing the SAFMR based payment standards only a short time prior to the effective date of their alternative payment standard policies.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the PHA additional time to coordinate its payment standards and landlord outreach strategies with other PHAs operating in the same metropolitan areas.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity: Housing Authority of the
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the PHA additional time to coordinate implementation of the SAFMRs with neighboring PHAs operating in the same metropolitan area.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the PHA additional time to coordinate implementation of the SAFMRs with neighboring PHAs operating in the same metropolitan area.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the PHA additional time to coordinate implementation of the SAFMRs with neighboring PHAs operating in the same metropolitan area.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This MTW PHA is in the process of implementing alternative payment standards policies as authorized under their MTW agreement. The waiver was approved to avoid the unnecessary administrative burden and confusion of implementing the SAFMR based payment standards only a short time prior to the effective date of their alternative payment standard policies.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the agency additional administrative time to effectively implement SAFMRs in their jurisdiction.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the agency additional administrative time to effectively implement SAFMRs in their jurisdiction.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity: Housing Authority of the
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This MTW PHA is in the process of implementing alternative payment standards policies as authorized under their MTW agreement. The waiver was approved to avoid the unnecessary administrative burden and confusion of implementing the SAFMR based payment standards only a short time prior to the effective date of their alternative payment standard policies.
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity: Housing Authority of
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow for additional time to coordinate payment standard policies with the
Contact:
* Regulation: 24 CFR 982.503(b)(1)(i).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 982.503(b)(1)(i) requires a PHA to revise its payment standards within the basic range of the SAFMR within 3 months following the effective date of the publication of the FMRs.
Granted by:
Date Granted:
Reason Waived: This waiver was approved to allow the agency additional time to work with the SAFMR technical assistance provider to establish payment standards. The agency was determined by HUD to have a shortfall in housing assistance payments in 2017 but has recently cured the lack of funds. To ensure they do not become a shortfall agency in 2018 because of the potential increases in payment standards as a result of SAFMRs, HUD approved the waiver request.
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: The regulation, 24 CFR 985.101(a), requires that a SEMAP certification be submitted within 60 calendar days after the end of the PHA's fiscal year.
Granted by:
Date Granted:
Reason Waived: Due to circumstances beyond the PHA's control, they were unable to submit their SEMAP certification on time. This waiver was approved to avoid the unnecessary administrative and financial burden on both the PHA and the HUD field office to complete the work required of a troubled housing agency when the agency is not actually a troubled performer.
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: The regulation, 24 CFR 985.101(a), requires that a SEMAP certification be submitted within 60 calendar days after the end of the PHA's fiscal year.
Granted by:
Date Granted:
Reason Waived: Due to circumstances beyond the PHA's control, they were unable to submit their SEMAP certification on time. This waiver was approved to avoid the unnecessary administrative and financial burden on both the PHA and the HUD field office to complete the work required of a troubled housing agency when the agency is not actually a troubled performer.
Contact:
[FR Doc. 2018-21260 Filed 9-28-18;
BILLING CODE 4210-67-P


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