Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2019
Notice.
Citation: "84 FR 64545"
Document Number: "Docket No. FR-6164-N-03"
Page Number: "64545"
"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 third quarter of calendar year 2019.
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 2019) before the next report is published (the fourth quarter of calendar year 2019), 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 92.252(d)(1) Utility Allowance Requirements.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects.
Granted By:
Date Granted:
Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and non-HOME assisted units in a project.
Contact:
* Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects for which HOME funds were committed.
Granted By:
Date Granted:
Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and non-HOME assisted units in a project.
Contact:
* Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements.
Project/Activity: City of San Buenaventura,
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects.
Granted By:
Date Granted:
Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and non-HOME assisted units in a project.
Contact:
* Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects.
Granted By:
Date Granted:
Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and non-HOME assisted units in a project.
Contact:
* Regulation: 75 FR 64328, II.B.3.a.
Project/Activity: The
Nature of Requirement: The Housing and Economic Recovery Act of 2008 (HERA) requires, to the maximum extent practicable and for the longest feasible term, the sale, rental or redevelopment of abandoned and foreclosed Neighborhood Stabilization Program (NSP)-assisted homes and residential properties remain affordable to individuals or families whose incomes do not exceed 120 percent of area median income. Section II.B.3.a of the NSP Federal Register Notice implementing HERA requires grantees to adopt, at a minimum, the HOME program standards in 24 CFR part 92 to comply with the continued affordability requirement.
Granted By:
Date Granted:
Reason Waived: The
Contact:
* Regulation: 24 CFR 570.207(b)(4).
Project/Activity: Extension of waiver for emergency grant payments for
Nature of Requirement: The regulations at 24 CFR 570.207(b)(4) prohibit the use of CDBG funds for income payments except in the case of emergency grant payments made for up to three consecutive months to a service provider, respectively.
Granted By:
Date Granted:
Reason Waived: The
Contact:
* Regulation: 24 CFR 91.105(c)(2) and (k).
Project/Activity:
Nature of Requirement: 24 CFR 91.105(c)(2) requires the citizen participation plan to provide residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan. The citizen participation plan must state how reasonable notice and an opportunity to comment will be given and require a 30-day public comment period prior to the implementation of a substantial amendment. 24 CFR 91.105(k) requires the grantee to follow its citizen participation plan.
Granted By:
Date Granted:
Reason Waived:
Contact:
* Regulation: 24 CFR 91.105(c)(2) requires the citizen participation plan to provide residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan. The citizen participation plan must state how reasonable notice and an opportunity to comment will be given and require a 30-day public comment period prior to the implementation of a substantial amendment. 24 CFR 91.105(k) requires the grantee to follow its citizen participation plan.
Project/Activity: City and County of
Nature of Requirement: 24 CFR 91.105(c)(2) and (k) require a 30-day public comment period.
Granted By:
Date Granted:
Reason Waived: The
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 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 waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve the affordable housing resource for an additional 30 years through the execution and recordation of a Rental Use Agreement.
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 waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve the affordable housing resource for an additional 40 years through the execution and recordation of a Rental Use Agreement.
Contact:
* Regulation: 24 CFR 219.220(b)(1995).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 219.220(b)(1995), which governs the repayment operating assistance provided under the
Granted By:
Date Granted:
Reason Waived: Pursuant to the authority contained in 24 CFR 5.110, good cause has been shown that it is in the public's best interest to grant this waiver.
Contact:
* Regulation: 24 CFR 219.220(b)(1995).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 219.220(b)(1995), which governs the repayment operating assistance provided under the
Granted By:
Date Granted:
Reason Waived: Pursuant to the authority contained in 24 CFR 5.110, good cause has been shown that it is in the public's best interest to grant this waiver.
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 currently has a resident to shower ratio of 7:1. The memory care residents require assistance with bathing. These residents are housed in units in a secure, lock-down area, with a half-bathroom each and access to the shower rooms through a hallway. The project meets the
Contact:
* Regulation: 24 CFR 232.7.
Project/Activity: The Retreat and
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 currently has a resident to shower ratio of 5:1. The memory care residents require assistance with bathing. These residents are housed in units in a secure, lock-down area, with a half-bathroom each and access to the shower rooms through a hallway. The project meets the
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 CHFA to use balloon loans that would have a minimum term of 17 years and a maximum amortization period of 40 years for the projects identified in the "Multifamily Pipeline Projects".
Granted By:
Date Granted:
Reason Waived: The extension would provide the CHFA additional time to process the financial transactions. CHFA would offer Balloon Loans which have become a standard product in the affordable housing industry. Granting this request will reduce
Contact:
* Regulation: 24 CFR 891.805.
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 891.805, Subpart F "For-Profit Limited Partnerships and
Granted By:
Date Granted:
Reason Waived: The Owner requested and was granted waiver of the single-asset entity requirement at 24 CFR 891.805 to allow the projects to be owned by a single for-profit Limited Partnership to facilitate tax credit financing. Granting this waiver allows the projects to participate in LIHTC financing and meet the Department's criteria with respect to the refinancing and rehabilitation.
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(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 for additional time to submit 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 for additional time to submit its financial reporting requirements for the fiscal year end (FYE) of
Contact:
* Regulation: 24 CFR 983.503(a)(3).
Project/Activity: Housing Catalyst in
Nature of Requirement: The regulation 24 CFR 983.503(a)(3) states that the PHA must establish one payment standard for each unit size in its program.
Granted By:
Date Granted:
Reason Waived: Housing Catalyst has demonstrated that a high percentage of HUD-VASH voucher recipients were unsuccessful in finding a unit due to extremely low vacancy rates, increasing rents, and scarcity of one-bedroom units. The higher payment standards for HUD-VASH participants will help participants find housing in a reasonable timeframe.
Contact:
* Regulation: 24 CFR 985.101(a).
Project/Activity:
Nature of Requirement: The regulation at 24 CFR 985.101(a) states that the PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of the fiscal year.
Granted By:
Date Granted:
Reason Waived: Due to unexpected staffing and system related issues, CHA was not able to submit their SEMAP before the deadline. Approval of this waiver prevents the waste of staff resources and funding needed to complete corrective action plans and conduct site visits at an agency that does not have compliance related issues.
Contact:
* Regulation: 24 CFR 983.301(f)(2)(ii).
Project/Activity:
Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) 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: HACSB has demonstrated that the utility allowance provided under the HCV Program would discourage conservation and ultimately lead to inefficient use of HAP funds at Westview Village I.
Contact:
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