Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2017
Notice.
Citation: "83 FR 5796"
Document Number: "Docket No. FR-6035-N-03"
Page Number: "5796"
"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 2017.
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 2017) before the next report is published (the fourth quarter of calendar year 2017), HUD will include any additional waivers granted for the third 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
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 576.106(d).
Project/Activity: The Commonweath of
Nature of Requirement: HUD's regulation at 24 CFR 576.106(d)(1) prohibits ESG rental assistance from being provided for a unit with rent that exceeds the HUD-established
Granted By:
Date Granted:
Reason Waived:
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 200.6 and 5.216(d)(1) and (2).
Project/Activity: Highgate Senior Living-Billings, FHA Project Number 093-22039 is an assisted living facility in
Nature of Requirement: The regulations at 24 CFR 200.6 and 5.216(d)(1) and (2) set forth certain disclosure and verification requirements for Social Security Numbers and Employer Identification Numbers for applicants and participants in assisted and insured loan insurance and related programs.
Granted By:
Date Granted:
Reason Waived:
Contact:
* 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 35 years through the execution and recordation of a Rental Use Agreement.
Contact:
* Regulation: 24 CFR 232.7.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area.
Granted By:
Date Granted:
Reason Waived: The project has both assisted living units and a secured, locked memory care area. The 71 assisted living units (142 beds) are in full compliance with the CFR 232.7, bathroom requirements. There are 14 memory care units (28 beds). For this space, there are 8 half bathrooms to serve for the 14 units with 28 beds. Currently, there is one full bathroom and one additional will be added prior to loan closing. Access to the shower rooms pass through hallways that are within the secured locked unit, with each resident being near one of the two full bathing rooms. The ratio of residents to full bathroom rooms is 14 to one. The memory care residents need assistance with bathing and this arrangement is considered by the facility as safer for the residents. The project meets the
Contact:
* Regulation: 24 CFR 232.7.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area.
Granted By:
Date Granted:
Reason Waived: The project contains a secured, locked memory care area of 22 units. Each of the 22 memory care units (22 beds) includes a half bathroom. Access to the shower rooms passes through hallways that are within the secured locked unit, with each resident being near one of the three shower rooms. The ratio of residents to full bathroom rooms is 7 to one and the owner plans on adding one additional large bathroom prior to loan closing. The memory care residents need assistance with bathing and this arrangement is considered by the facility as safer for the residents. The residents do not reside in three or four-bedroom wards. The facility is licensed as a Type B large facility for Alzheimer's and related disorders and meets the
Contact:
* Regulation: 24 CFR 232.1005.
Project/Activity: Texas Skilled Nursing Facilities with Hospital Operators Participating in the Quality Incentive Payment Program; Senior Living Properties Portfolio.
Nature of Requirement: The regulation at 24 CFR 232.1005 requires that all accounts deriving from the operation of the property, including operator accounts and including all funds received from any source or derived from the operation of the facility, are project assets subject to control under the insured mortgage loan's transactional documents, including, without limitation, the operator's regulatory agreement. For projects participating in the Texas Health and Human Services Commission Quality Incentive Payment Program, the State funds a portion of the supplemental payments to a non-State governmental entity (as an Operating Partner), a portion of which is retained by the Operating Partner, under contractual agreement and pledged as collateral for revenue bonds or other financing used to make the upfront inter-governmental transfer payments.
Granted By:
Date Granted:
Reason Waived: Waiver of the 24 CFR 232.1005 requirement for the portion of the inter-governmental transfer funds to be retained by the Operating Partner will allow the portfolio of projects to participate in the supplemental payment program. This will add additional cash-flow to the project, allowing for an increased ability to attract, retain and train a quality workforce and invest in programming and technology that will drive quality outcomes at the facilities. It will also improve security for the FHA-insured loans.
Contact:
* Regulation: 24 CFR 232.1005.
Project/Activity: Texas Skilled Nursing Facilities with Hospital Operators Participating in the Quality Incentive Payment Program; Regency Portfolio.
Nature of Requirement: The regulation at 24 CFR 232.1005 requires that all accounts deriving from the operation of the property, including operator accounts and including all funds received from any source or derived from the operation of the facility, are project assets subject to control under the insured mortgage loan's transactional documents, including, without limitation, the operator's regulatory agreement. For projects participating in the Texas Health and Human Services Commission Quality Incentive Payment Program, the State funds a portion of the supplemental payments to a non-State governmental entity (as an Operating Partner), a portion of which is retained by the Operating Partner, under contractual agreement and pledged as collateral for revenue bonds or other financing used to make the upfront inter-governmental transfer payments.
Granted By:
Date Granted:
Reason Waived: Waiver of the 24 CFR 232.1005 requirement for the portion of the inter-governmental transfer funds to be retained by the Operating Partner will allow the portfolio of projects to participate in the supplemental payment program. This will add additional cash-flow to the project, allowing for an increased ability to attract, retain and train a quality workforce and invest in programming and technology that will drive quality outcomes at the facilities. It will also improve security for the FHA-insured loans.
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 Multifamily West Regional Center 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:
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 982.161(a)(3).
Project/Activity:
Nature of Requirement: This regulation states that neither the public housing agency nor any of its contractors or subcontractors may enter into a contract or arrangement in connection with the tenant-based programs with any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the tenant-based programs during tenure or for one year thereafter.
Granted By:
Date Granted:
Reason Waived: This regulation was waived to avoid the hardship of requiring the assisted family to move. The assisted family was living in the unit prior to the mayoral election.
Contact:
* Regulation: 24 CFR 982.207(b)(3).
Project/Activity:
Nature of Requirement: This regulation allows a PHA t adopt a preference for admission of families that include a person with a disability. However, a PHA may not adopt a preference for the admission of persons with a specific disability.
Granted By:
Date Granted:
Reason Waived: This waiver allows the HACA to establish a limited preference in order to assist the
Contact:
* Regulation: 24 CFR 982.305(c)(4).
Project/Activity:
Nature of Requirement: This regulation states that any housing assistance payments (HAP) contract executed after 60 days from the beginning of the lease term is void and the PHA may not pay any HAP to the owner.
Granted By:
Date Granted:
Reason Waived: Due to unforeseen circumstances, this regulation was waived so that the family would not be responsible for the full amount of the rent since the beginning of the lease.
Contact:
* Regulation: 24 CFR 982.305(c)(4).
Project/Activity:
Nature of Requirement: This regulation states that any housing assistance payments (HAP) contract executed after 60 days from the beginning of the lease term is void and the PHA may not pay any HAP to the owner.
Granted By:
Date Granted:
Reason Waived: Due to unforeseen circumstances, this regulation was waived so that the family would not be responsible for the full amount of the rent since the beginning of the lease.
Contact:
* Regulation: 24 CFR 982.505(d).
Project/Activity:
Nature of Requirement: This regulation 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 the
Nature of Requirement: This regulation 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 applicant 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: This regulation 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 applicant 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: This regulation 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 983.391(f)(2)(ii).
Project/Activity:
Nature of Requirement: This regulation states that the PHA may not establish or apply different utility allowance amounts for the project-based voucher (PBV) program. The same PHA utility allowance schedule applies to both the tenant-based and PBV programs.
Granted By:
Date Granted:
Reason Waived: This regulation was waived since due to utility efficient upgrades at four RAD projects, the consumption rates were less than projected by the FHA's tenant-based utility allowances
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 VGHA'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 VGHA's fiscal year ending
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of the
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 HATG'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 SCHC's fiscal year ending
Contact:
* Regulation: 24 CFR 905.400(i)(5)(i).
Project/Activity:
Nature of Requirement: PHAs use Replacement Housing Factor (RHF) grant funds for the development of replacement housing only.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow MRHA to use RHF grant funds for modernization. MRHA is currently under a Voluntary Compliance Agreement with
Contact:
* Regulation: 24 CFR 905.400(i)(5)(i).
Project/Activity:
Nature of Requirement: PHAs use Replacement Housing Factor (RHF) grant funds for the development of replacement housing only.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow EHA to use RHF grant funds for modernization. EHA states having difficulties finding suitable development locations, which can be obtained at a reasonable price and in enough time to obtain HUD approval of a Development Proposal. EHA had similar problems developing with its First Increment RHF Funds. Most of the EHA's units are at least 40 years old, and with decreasing Capital and Operating Funds, the housing authority is in need of modernization beyond its funding sources. EHA would therefore like to use its Second Increment RHF Funds to preserve its existing inventory, rather than develop new units. In accordance with 24 CFR 5.110, good cause exists, and HUD approves EHA's request for a waiver of 24 CFR 905.400(i)(5)(i) for the use of RHF funds to pay for modernization work.
Contact:
* Regulation: 24 CFR 905.400(i)(5)(i).
Project/Activity:
Nature of Requirement: PHAs use Replacement Housing Factor (RHF) grant funds for the development of replacement housing only.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow DHA to use RHF grant funds for modernization. The DHA has indicated that due to a misunderstanding in funding allocation for units eligible for RHF grants, the DHA can no longer conduct the activities approved in its 2nd Increment RHF plan. The DHA will no longer receive its anticipated FY 2015 and 2016 2nd Increment grants (approximately
Contact:
* Regulation: 24 CFR 905.400(i)(5)(i).
Project/Activity:
Nature of Requirement: PHAs use Replacement Housing Factor (RHF) grant funds for the development of replacement housing only.
Granted by:
Date Granted:
Reason Waived: The waiver was granted to allow SHA to use RHF grant funds for modernization. SHA intended to use the RHF grants to construct a residential duplex. However, the combined funding is insufficient to construct the 2-bedroom duplex building. Rather than returning the funds, the SHA would use the RHF grants to install central heat and air in its existing units. This will assist in addressing its vacancy problem. In accordance with 24 CFR 5.110, good cause exists, and HUD hereby approve SHA's request for a waiver of 24 CFR 905.400(i)(5)(i) for the use of RHF funds to pay for modernization work.
Contact:
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