[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59719-59730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24839]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5529-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2011
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2011, and ending on June 30, 2011.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons
with hearing- or speech-impairments may access this number through TTY
by calling the toll-free Federal Relay Service at 800-877-8339.
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 2011.
SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
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 Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
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 April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from April
1, 2011 through June 30, 2011. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
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 Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are set out 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 first quarter of calendar
year 2011) before the next report is published (the second quarter of
calendar year 2011), HUD will include any additional waivers granted
for the first 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: September 21, 2011.
Helen R. Kanovsky,
General Counsel.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development April 1,
2011 through June 30, 2011
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:
[[Page 59720]]
I. Regulatory waivers granted by the Office of Community Planning
and Development
II. Regulatory waivers granted by the Office of Housing
III. Regulatory waivers granted by the Office of Public and Indian
Housing
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 58.22(a).
Project/Activity: The project involve the demolition of blighted
buildings, removal of debris and other related materials, and
finished grading/seeding of two former commercial properties located
along Front Street in Berea, Ohio. The two former commercial
operations were the William Ford Auto Dealership and the Serpentini
Used Car Lot located at 739 and 566 Front Street, respectively. The
city of Berea acquired these two properties as a consequence of a
federally funded, state and local roadway improvement project.
Cuyahoga County, the Responsible Entity for the project, did not
conduct the correct level of environmental review for both projects
as required by 24 CFR part 58. The failure to conduct environmental
assessments resulted in a lack of an approved Request for Release of
Funds before the properties were demolished using non-HUD funds.
Subsequent to identifying the properties for participation in
the Neighborhood Stabilization program in response to a solicitation
from Cuyahoga County Land Reutilization Corporation (CCLRC) for
demolition proposals, but prior to any release of funds from HUD,
the CCLRC used non-HUD funds to demolish the buildings.
Nature of Requirement: The regulation requires that an
environmental review be performed and a Request for Release of Funds
be completed and certified prior to the commitment of non-HUD funds
to a project using HUD funds.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 29, 2011.
Reason Waived: The waiver was granted because the above project
would further the HUD mission and advance HUD program goals to
develop viable, quality communities. The County erroneously
conducted an improper level of environmental review. No HUD funds
were committed. Granting the waiver would not result in any
unmitigated, adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 7250,
Washington, DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 85.31(c)(2).
Project/Activity: In 1993, the City of San Francisco awarded the
Bernal Heights Neighborhood Center's Housing Services Affiliate
(HSA) a Housing Opportunities for Persons With Aids (HOPWA) formula
grant in the amount of $409,550 to acquire and rehabilitate Stinson
House, a six unit facility-based housing project for low-income
persons living with HIV/AIDS. In May 2010, HSA sold the facility
following an organizational assessment on financial constraints, the
building's state of deterioration, and the high cost of
rehabilitation. The city used the sale proceeds to respond to
community needs and address the critical housing needs of HOPWA
eligible clients who prefer independent housing with on-site
supportive services rather than the Stinson House model of shared
housing with off-site supportive services. These actions were taken
prior to requesting guidance on property disposition from HUD as the
funding authority, which violated HUD regulations regarding
disposition of real property. A single audit of the city's HOPWA
program questioned whether the city has complied with HOPWA
regulations regarding the disposition of real property and the use
of sales proceeds to fund eligible program activities.
Nature of Requirement: HUD regulations at 24 CFR 85.31(c)
require a grantee or subgrantee to request property disposition
instructions when real property purchased with federal funding is no
longer needed for the originally authorized purpose. In the event
that disposition instructions from the awarding agency call for the
sale of the property, the regulation at 24 CFR 85.31(c)(2) requires
a grantee or subgrantee to engage in sales procedures that provide
for competition to the extent practicable and to compensate the
awarding agency based on the awarding agency's participation in the
cost of the original purchase to the proceeds of the sale after
deduction of any actual or reasonable selling and fixing up
expenses. HOPWA grantees and subgrantees are required to comply with
24 CFR 85.31(c), applicable to the HOPWA program at 24 CFR 574.605.
Section 574.605 of the HOPWA regulations governs the disposition of
real property that is acquired in whole or in part with HOPWA grant
funding.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 23, 2011.
Reason Waived: The waiver was granted based on the following
findings: HOPWA program purposes were served by the project in
assisting beneficiaries during the minimum use period and later by
the return of the property's sales proceeds to the city, which in
turn were used in providing housing assistances to other HOPWA
beneficiaries in the San Francisco area. There was no evidence to
suggest that the city intentionally non-complied with HOPWA program
regulations.
Contact: Mark Johnston, Deputy Assistance Secretary for Special
Needs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 7276,
Washington, DC 20410-7000, telephone (202) 708-1590.
Regulation: 24 CFR 570.208(a)(3) as it applies through
24 CFR 570.703.
Project/Activity: The City of Dallas, Texas requested waiver of
the criteria for national objective at 24 CFR 570.208(a)(3), as it
applies through 24 CFR 570.703, for the rehabilitation of
multifamily housing in a mixed use commercial and residential
development in its Central Business District (CBD). The city of
Dallas submitted a request for Section 108 Guaranteed Loan funds in
the amount of $7,600,000 to assist with the redevelopment and
rehabilitation of the Continental Building, a vacant office building
in the city's CDB, into 5,000 square feet of commercial space and
203 multi-family rental units that are 1 bedroom and 2 bedroom
apartments of which 20 percent (41 units) will be occupied by low-
and moderate-income (LMI) households. Section 108 funds will only be
used for housing rehabilitation, which is an eligible activity
pursuant to 24 CFR 570.703(h). However, the proposed activity did
not meet the LMI national objectives criteria because less than 51
percent of the units will be occupied by LMI households. Therefore,
the city requested a waiver to apply the exception at 24 CFR
570.208(a)(3)(i) to reduce the percentage of LMI occupied units from
51 percent to 20 percent. The Section 108 funds will account for
less than 20 percent of total development costs for the project. The
request would prevent the loss of 41 units of affordable housing
that would not otherwise be available.
Nature of Requirement: HUD's regulation at 24 CFR 570.208(a)(3)
generally provides that, in the case of acquisition or
rehabilitation of residential structures with more than two units,
at least 51 percent of such units must be occupied by LMI
households. However, the exception at 24 CFR 570.208(a)(3)(i)
permits Community Development Block Grant funds (which term includes
the proceeds of a Section 108 loan) to be used to support the new
construction of non-elderly rental housing when not less than 20
percent of the units will be occupied by low- and moderate-income
households at affordable rents and the proportion of the total cost
of the project borne by CDBG funds is no greater than the proportion
of units that will be occupied by low- and moderate-income
households.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning & Development.
Date Granted: June 30, 2011.
Reason Waived: HUD granted the waiver because the city of Dallas
showed good cause by demonstrating that the project would not be
financially feasible without the Section 108 loan funds and if it
were required to have 51 percent of the units occupied by LMI
households. This would result in the project not being developed and
the loss of 41 affordable housing units that would otherwise be
available. In addition, the city demonstrated that the project would
promote housing and economic revitalization goals by assisting in
its efforts of increasing affordable housing in the CBD and
increasing mixed-income housing through spatial deconcentration,
which furthers the purpose of the Housing and Community Development
Act of 1974, as amended, as it relates to providing decent housing
and a suitable living environment, reducing the isolation of income
groups within communities, and promoting an increase in diversity of
[[Page 59721]]
neighborhoods through the special deconcentration of housing
opportunities for persons of lower income. In addition, HUD granted
the waiver with mandatory conditions, including the requirements
that the City provide HUD a copy of its plan to address rental
housing needs of low-income families that demonstrates how the
Continental Building project is consistent with the housing needs
described in its Consolidated Plan (see 24 CFR 91.205), provide HUD
with copies of compliance and monitoring plans for other identified
Section 108 projects, provide HUD with a schedule for adopting and
publishing standards for determining affordable rents, and ensure a
15-year affordability requirement for the Continental Building
project.''
Contact: Paul D. Webster, Director, Financial Management
Division, Office of Block Grant Assistance, Office of Community
Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 7178, Washington, DC
20410-7000, telephone: (202) 708-1871.
Regulation: 24 CFR 574.330 (a)(1) and (b(1).
Project/Activity: The Downtown Emergency Service Center (DESC)
located in Seattle, Washington, requested an additional waiver of
the HOPWA short-term supported housing regulations for which they
were granted a waiver by HUD on September 9, 2010. DESC is a HOPWA
competitive grant recipient that provides permanent and supportive
services to persons living with HIV/AIDS. HUD had previously
determined that DESC provided short-term supported housing to 60
families, beyond the limit of 50 families as prescribed in the HOPWA
regulation. In addition, the program was also supporting these
families for longer than the allotted six-month period. DESC has
complied with the requirements of the first waiver and has submitted
documentation to substantiate its difficulty in identifying
permanent housing for those with complex mental health issues and
criminal records.
Nature of Requirement: HOPWA regulations at 24 CFR 574.330
(a)(1) and (b(1) require that short-term supported housing
facilities not provide residence to any individual for more than 60
days during any six month period. Rent, mortgage, and utilities
payments to prevent the homelessness of the tenant or mortgagor of a
dwelling may not be provided to such an individual for these costs
accruing over a period of more than 21 weeks in any 52 week period.
These regulations also require that any short-term supported
facility not provide shelter or housing at any single time for more
than 50 families or individuals.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 21, 2011.
Reason Waived: The waiver was granted based on the following
findings: The grantee and project sponsor acted in good faith to
identify more permanent housing options for its program
beneficiaries. They were compliant with the requirements and given
the extenuating circumstances in identifying more suitable housing,
the waiver would enable DESC to continue addressing the emergency
shelter needs of those difficult to house homeless individuals with
challenging mental health issues. The waiver will expire six months
from the date of approval and applies only to DESC service area.
Contact: Mark Johnston, Deputy Assistance Secretary for Special
Needs, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 7276,
Washington, DC 20410-7000, telephone (202) 708-1590.
Regulation: Section IV.D of the Notice of Allocations,
Application Procedures, and Requirements for Homeless Prevention and
Rapid Re-Housing Program (HPRP) Grantees under the American Recovery
and Reinvestment of 2009, issued March 19, 2009 (HPRP Notice).
Project/Activity: HUD extended a limited waiver of the HPRP
participant eligibility requirements to the State of Kentucky, the
City of Louisville, and the City of Baltimore to facilitate those
grantees' participation in the HUD-funded study, The Impact of
Housing and Services Interventions on Homeless Families.
Nature of Requirement: Section IV.D of the HPRP Notice provides
that all participants must meet the following minimum eligibility
criteria: (1) Have at least an initial consultation with a case
manager to determine the appropriate type of assistance; (2) be at
or below 50 percent Area Median Income (AMI); (3) be homeless or at
risk of losing housing; (4) have failed to identify appropriate
subsequent housing options; and (5) lack the financial resources and
support networks needed to maintain or obtain immediate housing.
Section IV.D also requires grantees to evaluate and certify
participant eligibility at least once every three months for all
persons receiving medium-term rental assistance.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 1, 2011.
Reason Waived: As part of the HUD-funded study, HUD waived the
HPRP eligibility requirements so that the grantees and their
subgrantees could provide rapid re-housing assistance to randomly
assigned homeless families without verifying those families'
eligibility for HPRP.
Contact: Ann M. Oliva, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
U.S. Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7262, Washington, DC 20410-7000, telephone number
(202) 708-4300.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
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 202.5(g).
Project/Activity: Applicants for Federal Housing Administration
(FHA) lender approval or renewal as supervised lenders and
mortgagees possessing consolidated assets below the thresholds for
required submission of annual audited financial statements set by
their respective regulators at 12 CFR 363.1(a), 12 CFR 562.4(b)(2),
or 12 CFR 715.4(c).
Nature of Requirement: Section 202.5(g) requires supervised,
non-supervised, and investing lenders or mortgagees to furnish to
FHA a copy of their annual audited financial statements within 90
days of the lender or mortgagee's fiscal year end in order to obtain
or renew FHA lender approval. The other requirements of this section
were not waived.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 7, 2011.
Reason Waived: For some small supervised lenders and mortgagees
that originate low volumes of FHA loans, the new expense for
obtaining audited financial statements may be deemed too burdensome
to justify continued participation in FHA programs as approved
lenders and mortgagees. Due to the fact that many of these small
supervised lenders and mortgagees are located in rural communities
that possess a limited selection of residential mortgage lending
entities, the relinquishment of FHA lender approval by these
institutions may decrease access to FHA programs for some rural
communities. In the midst of the present economic recovery, and
given FHA's more prominent role in the nation's mortgage market at
present, a reduction in the availability of FHA-insured mortgage
credit could adversely impact the recovery of some states and
communities. A waiver of the new audited financial statement
requirements for supervised lenders meeting the designated
consolidated asset thresholds helped to ensure the continued
availability of FHA products throughout the nation, and would not
pose significant additional risk to FHA's insurance funds.
Contact: Richard Toma, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, 490 L'Enfant Plaza East, SW., Room
P3214, Washington, DC 20024-8000, telephone (202) 708-1515.
Regulation: 24 CFR 203.41(a)(5)
Project/Activity: The waiver was not granted in connection with
the FHA Inspector Roster.
Nature of Requirement: The introductory language in section
203.41(a)(5) defines ``eligible nonprofit organization,'' in part,
as an organization of the type described in section 501(c)(3) of the
Internal Revenue Code of 1986 (IRC) as an organization exempt from
federal taxation under IRC Sec. 501(a). FHA has received several
requests from nonprofit instrumentalities of government, whose
income is excluded from federal taxation pursuant to IRC section
115, seeking placement on the Roster and approval to provide
secondary financing. Although these nonprofit instrumentalities
satisfy all other FHA requirements for placement on the Roster and
would otherwise be eligible to provide secondary financing, they are
not organizations of the type described in section 501(c)(3). Thus,
without the waiver, they are ineligible for placement on the Roster
as
[[Page 59722]]
providers of secondary financing. This waiver enables IRC section
115 nonprofit government instrumentalities to be placed on the
Roster so they can provide affordable housing opportunities to more
Americans via secondary financing until the regulations are amended.
The waiver does not provide IRC section 115 nonprofit entities with
the ability to purchase either FHA REO or to obtain FHA-insured
mortgage financing.
This waiver also waived the regulations at 24 CFR
203.41(a)(5)(ii), which requires that all nonprofit organizations
participating in FHA programs have a voluntary board. The voluntary
board requirement (i.e., no financial compensation to board members)
is waived for all IRC section 115 nonprofit instrumentalities of
government seeking placement on the FHA Roster and approval to
participate in FHA programs as providers of secondary financing.
This waiver will enable an IRC section 115 nonprofit instrumentality
of government to have a board member who also is a salaried employee
of the governmental body in control of the nonprofit
instrumentality.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner
Date Granted: June 17, 2011
Reason Waived: This waiver is a renewal of the waiver issued
September 10, 2010 and is made retroactive to cover any period that
has lapsed between February 23, 2011 and the official date this
waiver is signed. Single Family has initiated the process for
official rulemaking to offer a permanent solution to the needed
change in policy.
Contact: Brian Siebenlist, Department of Housing and Urban
Development, 451 7th Street, SW., Room B-133--Plaza 2206,
Washington, DC 20410.
Regulation: 24 CFR 219.220(b).
Project/Activity: Emerson Center Apartments--FHA Project Number
083-44801. The owner requested to defer repayment of the Flexible
Subsidy Operating Assistance Loan on this project due to the project
owner's inability to repay the loan in full or partially upon
maturity.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 27, 2011.
Reason Waived: The owner requested and was granted waiver of the
requirement to defer repayment of the Flexible Subsidy Operating
Assistance Loan because the project did not have sufficient funds to
repay the loan. The owner was allowed to fully re-amortize the
existing loan and record a Rental Use Agreement for a 20-year term
through 2031, thereby maintaining the long-term preservation of the
project as an affordable housing resource.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: HRCA Housing for the Elderly/Jack Satter
House--FHA Project Number 023-EH001, Revere, Massachusetts. The
owner requested to defer repayment of the Flexible Subsidy Loan to
achieve the long-term preservation of this project as affordable
housing for the elderly.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 14, 2011.
Reason Waived: The owner demonstrated that deferral of repayment
of the Flexible Subsidy Operating Assistance Loan is necessary to
achieve the long-term preservation of the project. Approval of this
waiver would allow the owner to re-amortize the loan over a 35-year
period, the term of the new financing, and complete much needed
repairs at the project and maintain the project's financial and
physical integrity.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Blue Lake Residences, Twin Lakes, Michigan--
FHA Project Number 047-35227. The owner of the property is unable to
repay the Flexible Subsidy Operating Assistance Loan without dire
consequences to the property and residents that reside there.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 26, 2011, amended July 29, 2011.
Reason Waived: Providing for waiver of this regulation would
allow the owner to defer repayment of the Flexible Subsidy Loans
over a 30-year period and recapitalize the property. A Rental Use
Agreement would be recorded for the term of the new FHA insured
mortgage to 2041, thereby restoring the financial and physical
soundness to the property. The project would, thereby, be maintained
as an affordable housing resource.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Bethany Villa I Apartments, Troy, Michigan--
FHA Project Number 044-SH022. The owner requested waiver of this
regulation to permit deferral of repayment of the Flexible Subsidy
Loans upon prepayment of the project's mortgage. The owner was
unable to repay the loan partially or fully upon prepayment of the
project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: May 6, 2011.
Reason Waived: Waiver of this regulation was granted to allow
the owner to defer repayment of the Flexible Subsidy Operating
Assistance Loan, and refinance with a new FHA-insured mortgage to
redevelop the property. The owner would then be able to make much
needed repairs and the project would be maintained as decent, safe
and sanitary housing for its residents. A new Rental Use Agreement
is to be recorded for a term of 35 years, preserving housing
affordability for the Troy, Michigan area.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Bethany Villa II Apartments, Troy, Michigan--
FHA Project Number 044-44092. The owner has requested waiver of this
regulation to permit deferral of repayment of the Flexible Subsidy
Loans upon prepayment of the project's mortgage. The owner is unable
to repay the loan partially or fully upon prepayment of the
project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment
[[Page 59723]]
of operating assistance provided under the Flexible Subsidy Program
for Troubled Projects prior to May 1, 1996 states: ``Assistance that
has been paid to a project owner under this subpart must be repaid
at the earlier of the expiration of the term of the mortgage,
termination of mortgage insurance, prepayment of the mortgage, or a
sale of the project * * *.'' Either of these actions would typically
terminate FHA involvement with the property, and the Flexible
Subsidy Loan would be repaid, in whole, at that time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 21, 2011.
Reason Waived: Sufficient need was determined and waiver of this
regulation was granted to allow the owner to defer repayment of the
Flexible Subsidy Operating Assistance Loan. Waiver of this
requirement would prevent dire consequences to the property and the
residents that reside there. The project would be able to make much
needed repairs to the property and allow the project to be
maintained as decent, safe and sanitary housing. A new Rental Use
Agreement is to be recorded for a term of 35 years, preserving
housing affordability for the Troy, Michigan area.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Redeemers Arms Apartments, St. Paul,
Minnesota--FHA Project Number 092-SH017. The owner requested
deferral of repayment of the Flexible Subsidy Operating Assistance
Loans upon prepayment of the project's mortgage to restore the
financial soundness of the project and complete needed
rehabilitation.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 21, 2011.
Reason Waived: The owner was granted permission to defer
repayment of the Flexible Subsidy Operating Assistance Loans, and
transfer ownership of the property to a non-profit entity. The
proposed rehabilitation will modernize this aging property and
improve the quality of life for the residents. The loan is to be re-
amortized, and a new Rental Use Agreement will be recorded,
extending the project's affordability for an additional 33 years.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Union Acres Trust, Center, Texas--FHA Project
Number 114-35034. The owner has requested waiver of this regulation
to permit deferral of repayment of the Flexible Subsidy Loans upon
prepayment of the project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 26, 2011.
Reason Waived: The owner was granted permission to defer
repayment of the Flexible Subsidy Operating Assistance Loans. The
owner had proposed to transfer ownership of the property to a non-
profit entity that would provide funds for the much needed
rehabilitation of the property. The loan is to be re-amortized over
a 40-year period with new financing, and a new Rental Use Agreement.
This would provide long-term preservation of affordable housing for
Center, Texas.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-8000, telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Better Housing for Erie, Erie, Pennsylvania--
FHA Project Number 033-35008. The owner has requested waiver of this
regulation to permit deferral of repayment of the Flexible Subsidy
Loans upon prepayment of the project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 21, 2011.
Reason Waived: The owner was granted permission to defer
repayment of the Flexible Subsidy Operating Assistance Loans, to
restore the financial soundness of the project. The owner obtained
financing from a non-profit agency and the new loan is to be
amortized over 10 years. The existing Flexible Subsidy Loan is to be
reduced and be fully re-amortized over a 20-year period. A new 20-
year HAP contract is to be executed extending the affordability of
this project.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Alpha Arms Apartments, Goldsboro, NC--053-
44135. The owner has requested waiver of this regulation to permit
deferral of repayment of the Flexible Subsidy Loans upon prepayment
of the project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 3, 2011.
Reason Waived: The owner was granted permission to defer
repayment of the Flexible Subsidy Operating Assistance Loan upon
prepayment/refinance of the Section 236 mortgage. The owner proposed
to refinance the project which would provide funds to make urgent
physical repairs, replacements and updates. Alpha Arms is to execute
a new Rental Use Agreement, extending the affordability of the
project for 40 years.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 219.220(b).
Project/Activity: Mt. Zion Garden Apartments, Albany, Georgia--
061-35005. The owner has requested waiver of this regulation to
permit deferral of repayment of the Flexible Subsidy Loans upon
prepayment of the project's mortgage.
Nature of Requirement: Section 219.220(b) of HUD's regulations
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the project * * *.'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy Loan would be repaid, in whole, at that
time.
[[Page 59724]]
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May June 21, 2011.
Reason Waived: The owner was granted permission to defer
repayment of the Flexible Subsidy Operating Assistance Loan upon
prepayment/refinance of the Section 223(f) mortgage. The owner
proposed to refinance the project which would provide funds to make
much needed physical repairs at the project. The owner is to execute
a Rental Use Agreement for the 20-year term of the re-amortized
Note, extending the project as an affordable housing resource for
the Albany area.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
Regulation: 24 CFR 891.100(d).
Project/Activity: Liberty Resources 13, Philadelphia, PA;
Project Number: 042-EE206/OH12-S061-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 7, 2011.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room 6142
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: The Village at Oasis Park Phase I, Mesa, AZ,
Project Number: 123-HD042/AZ20-Q081-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 29, 2011.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Evergreen Terrace, Albany, OH; Project Number:
043-124OH16-S081-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 11, 2011.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142,Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Shiloh Senior Housing, New Rochelle, NY,
Project Number: 012-EE361/NY36-S071-007.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 24, 2011.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Project Number: 042-EE206/OH12-S061-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 7, 2011.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.130(b).
Project/Activity: Armory Lane Housing Limited Partnership,
Vergennes, VT, Project Number: 024-EE136/VT36-S091-004.
Nature of Requirement: Section 891.130(b) prohibits an identity
of interest between the sponsor or owner (or borrower, as
applicable) and any development team member or between development
team members until two years after final closing.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 28, 2011.
Reason Waived: To permit an identity of interest for the mixed
financed project between the ownership entity and the joint
developer, and between the two development team members, the
contractor and joint developer.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Leeway Welton Apartments, New Haven, CT,
Project Number: 017-HD041/CT26-Q071-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 8, 2011.
Reason Waived: Additional time was needed for the project to
achieve an initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: St. Bernard Volunteers of America Elderly
Housing, St. Bernard, OH, Project Number: 046-EE097/OH10-S081-005.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 11, 2011.
Reason Waived: Additional time was needed for the firm
commitment to be issued and for the project to be initially closed.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Champion Place, Perry, New York, Project
Number: 014-EE274/NY06-S081-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
[[Page 59725]]
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 12, 2011.
Reason Waived: Additional time was needed for the firm
commitment application to be processed and for the project to
achieve initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: City of Utica Section 811 Project, Utica, NY,
Project Number: 014-HD132/NY06-S081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 15, 2011.
Reason Waived: Additional time was needed for the firm
commitment application to be processed and for the project to
achieve initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: RJ Piltz Vista Bonita Apartments, Mesa, AZ;
Project Number: 123-HD041/AZ20-Q061-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 5, 2011.
Reason Waived: Additional time was needed to reach an initial
closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Fillmore Haciendas, Phoenix, AZ; Project
Number: 123-EE105/AZ20-S071-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 5, 2011.
Reason Waived: Additional time was needed to reissue the firm
commitment and for the project to reach an initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: West Bergen ILP 2005, Ridgewood, NJ; Project
Number: 031-HD145/NJ39-Q051-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 5, 2011.
Reason Waived: Additional time was needed for the project to
reach initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Quincy Commons, Roxbury, MA; Project Number:
023-EE227/MA06-S081-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 23, 2011.
Reason Waived: Additional time was needed to secure secondary
funding upon completion of this mixed finance project and to achieve
an initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Shiloh Senior Housing, New Rochelle, NY;
Project Number: 012-EE361/NY36-S071-007.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 27, 2011.
Reason Waived: Additional time was needed to reach initial
closing and the start of construction.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Allen by The Bay Senior Housing, Queens, NY;
Project Number: 012-EE368/NY36-S081-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 14, 2011.
Reason Waived: Additional time was needed for the completion of
the sale of the tax exempt bonds by New York and for the project to
reach an initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: CPNJ Livingston Residence, Livingston, NJ,
Project Number: 031-HD157/NJ39-Q081-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 21, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to receive a response from the New Jersey Department of
Environmental Protection (NJDEP) regarding the boundaries of the
riparian buffer so the architectural plans and specs could be
finalized, submit the firm commitment, and for the project to reach
initial closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.170(a), 24 CFR 891.830(b) and 24
CFR 891.830(c)(4).
Project/Activity: Shiloh Senior Housing, New Rochelle, NY;
Project Number: 012-EE361/NY36-S071-007.
Nature of Requirement: Section 891.170(a) requires that a
capital advance shall bear no interest and its repayment shall not
be required so long as the housing project remains available for
very low-income elderly families or persons with disabilities.
Section 891.830(b) requires that capital advance funds be drawn down
only in an approved ratio to other funds, in accordance with a
drawdown schedule approved by
[[Page 59726]]
HUD and Sec. 891.830(c)(4) prohibits the capital advance funds from
paying off bridge or construction financing, or repaying or
collateralizing bonds.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 24, 2011.
Reason Waived: The waiver was granted to permit the sole general
partner of the subject project to be a for-profit corporation that
is wholly owned and controlled by the nonprofit sponsor. The waiver
was granted to also allow the capital advance to be drawn down in
one requisition, to pay off that portion of a bridge or construction
financing, or bonds that strictly relate to capital advance eligible
costs after completion of construction at initial/final closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.805.
Project/Activity: Cheriton Heights, West Roxbury, MA, Project
Number: 023-EE225/MA06-S081-001.
Nature of Requirement: Section 891.805 requires that the Sole
General Partner of the Mixed Finance owner be a Private Nonprofit
Organization with a 501(c)(3) or 501(c)(4) tax exemption (in the
case of supportive housing for the elderly), or a Nonprofit
Organization with a 501(c)(3) (in the case of supportive housing for
persons with disabilities.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 11, 2011.
Reason Waived: To permit the sole general partner of the subject
project to be a for-profit corporation that is wholly owned and
controlled by the nonprofit sponsor.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Shiloh Senior Housing, New Rochelle, NY,
Project Number: 012-EE361/NY36-S071-007.
Nature of Requirement: Section 891.830(c)(4) requires that
capital advance funds be drawn down only in an approved ratio to
other funds, in accordance with a drawdown schedule approved by HUD.
Granted By: Robert C. Ryan, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 6, 2011.
Reason Waived: The waiver was granted to permit the sole general
partner of the subject project to be a for-profit corporation that
is wholly owned and controlled by the nonprofit sponsor. The waiver
was granted to also allow the capital advance to be drawn down in
one requisition, to pay off that portion of a bridge or construction
financing, or bonds that strictly relate to capital advance eligible
costs after completion of construction at initial/final closing.
Contact: Aretha Williams, Acting Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.410(c).
Project/Activity: Estancias Presbiterianas del Angel,
Hormigueros, Puerto Rico--FHA Project Number 056-EE056. The project
is experiencing difficulty leasing units to eligible very low-income
elderly applicants.
Nature of Requirement: Section 891.410 relates to admission of
families to projects for elderly or handicapped families that
receive reservations under Section 202 of the Housing Act of 1959,
as amended by Section 801 of the National Affordable Housing Act of
1990. Section 891.410(c) limits occupancy to very low-income elderly
persons. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 5, 2011.
Reason Waived: The owner aggressively marketed units to eligible
tenants but continues to experience vacancy problems at the project.
It was determined that waiver of this regulation would allow the
owner to lease units to low-income, near-elderly applicants for a
period of 12 months. However, applicants who apply after the waiver
period must strictly meet the Section 202 statutory and regulatory
requirements, including being very low-income elderly. This waiver
allowed the property to rent-up its vacant units and thereby
stabilize the project's financial status and prevent foreclosure of
the property.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3730.
III. Regulatory Waivers Granted by the Office of Public and Indian
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 5.801(d)(1).
Project/Activity: Housing Authority of the County of Dauphin
(PA035), Steelton, PA.
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: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 22, 2011.
Reason Waived: The HA requested additional time to submit its
fiscal year end (FYE) June 30, 2010, audited financial submission as
a result of system and performance issues related to HUD systems.
The waiver was granted and the additional time permitted the HA to
enter all the financial information into REAC's on-line system and
allowed the auditor to perform the agreed upon procedure. The HA was
allowed to submit its audited financial data for FYE June 30, 2010,
after the deadline but no later April 30, 2011.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Santa Fe Civic Housing Authority (NM009),
Santa Fe, NM.
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: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 25, 2011.
Reason Waived: The HA contends that it had fallen behind in
preparing its FYE 2010 audit due to difficulties encountered with
the HA's takeover of the Espanola Housing Authority (EHA). The HA
was supposed to absorb the EHA's Public Housing (PH), Capital Fund
Program (CFP) and Housing Choice Voucher Program (HCVP). The HCVP
was transferred prior to June 30, 2009. However, the PH and CFP were
not transferred until late August 2010, with a retroactive date of
July 1, 2009. At the time of the official notification of transfer
from HUD to the HA, 80 percent of the FY2010 audit field work had
already been completed. The additional complexities of the Low Rent
and Capital Fund Program transfers delayed the HA in its audit time
table. The waiver for its audited financial data for FYE June 30,
2010 was granted and it should submit its financial data no later
than May 31, 2011.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Oakland Housing Authority (CA003), Oakland,
CA.
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: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 16, 2011.
Reason Waived: The HA contends that as a result of a HUD Office
of the Inspector General Investigation, additional time was needed
to submit its fiscal year end (FYE) June 30, 2010, audited financial
information. Specifically, as part of the investigation, the
[[Page 59727]]
HA's financial records have been confiscated. Also, required
representation letters to the HA's external auditor cannot be made
until the materiality and significance has been determined. The
waiver was granted and the additional time will permit the audited
documentation to be adequately completed and allow ample time for
the HA's drafting the financial statements and inputting the
financial information into REAC's on-line system. The HA must submit
its audited financial data for FYE June 30, 2010, on or before June
30, 2011.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority of the County of Santa Clara
(CA059), San Jose, CA.
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: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2011.
Reason Waived: The HA requested additional time to submit its
fiscal year end (FYE) June 30, 2010, audited financial submission.
The HA contends that it incurred a Section 8 program electronic loss
due to technical problems. As a result of the data loss, financial
information needed to be reconstructed. The auditors commenced the
process of reviewing the reconstructed financial information. The
waiver was granted and the additional time permitted the audit
documentation to be completed and allowed ample time for drafting
the financial statements and inputting the FYE June 30, 2010,
audited financial information into the Real Estate Assessment's on-
line system.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority of DeKalb County (GA237),
Decatur, GA.
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: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2011.
Reason Waived: The HA contends that additional time was needed
to submit its fiscal year end (FYE) June 30, 2010, audited financial
information. The HA has fallen behind in preparing its FYE 2010
audit as a result of turnover in key positions at the HA.
Specifically, the HA did not have a Director of Finance from June
30, 2010, to mid November 2010. The HA did not have a permanent
Executive Director from June 2010 to October 2010. The waiver was
granted and the additional time will permit the audited
documentation to be adequately completed and allow ample time for
the HA's drafting the financial statements and inputting the
financial information into REAC's on-line system.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Metropolitan Development and Housing Agency,
(TN005), Nashville, TN.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their management operations certification (MASS) for FYEs
June 30, 2009, September 30, 2009, or December 31, 2009, were
allowed to request another waiver for FYE June 30, 2010, September
30, 2010 or December 31, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2011.
Reason Waived: The HA requested a MASS waiver for fiscal year
end (FYE) September 30, 2010, due to continued hardship claims,
based on conversion to asset management. The HA received an approved
MASS waiver for FYE September 30, 2009. The HUD field office,
indicated that the hardship conditions had not changed but remained
the same. The most recent management operations score of record will
be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: McMinnville Housing Authority (TN053),
McMinnville, TN.
Nature of Requirement: The regulation establishes that PHAs are
required to submit a management operations certification under
Public Housing Assessment System (PHAS). In accordance with Federal
Register Notice (FR-5428-N-01), dated July 23, 2010, PHAs that
requested and received an approved waiver for their management
operations certification (MASS) for FYEs June 30, 2009, September
30, 2009, or December 31, 2009, may request another waiver for FYE
June 30, 2010, September 30, 2010 or December 31, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 22, 2011.
Reason Waived: The HA requested a MASS waiver for the FYE
December 31, 2010, in conjunction with its conversion to asset
management. The HA concentrated its resources to meet the
requirement of asset management, while the HA recovered from a
direct lightning strike to its computer system in 2009. The HA
contends that it would have had to manually recreate portions of the
data needed to certify its MASS performance and would encounter a
significant burden in trying to provide information using the
current MASS certification format. The waiver was granted for FYE
December 31, 2010. The most recent management operations score of
record is to be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Wytheville Redevelopment and Housing Authority
(WRHA), Wytheville, VA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 21, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the WRHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Michigan State Housing Development Authority
(MSHDA), Detroit, MI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 18, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would
[[Page 59728]]
enable the MSHDA to manage its Housing Choice Voucher program within
allocated budget authority and avoid the termination of HAP
contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Gainesville Housing Authority (GHA),
Gainesville, FL.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 3, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the GHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Wilmington Housing Authority (WHA),
Wilmington, DE.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 6, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the WHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Maryville Housing Authority (MHA), Maryville,
TN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 6, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the MHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: County of Hawaii Office of Housing and
Community Development (CHOHCD), Hilo, HI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 9, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the CHOHCD) to manage its Housing Choice
Voucher program within allocated budget authority and avoid the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Bennington Housing Authority (BHA),
Bennington, VT.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the BHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Pennsauken Housing Authority (PHA),
Pennsauken, NJ.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 30, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the PHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Providence Housing Authority, Providence, RI.
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 within the basic range of 90 to 110 percent of the fair market
rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 21, 2011.
Reason Waived: The participant, who is disabled, requires a unit
that is free of chemical fumes. To provide a reasonable
accommodation to allow this client to move into a unit that meets
the participant's needs, an exception payment standard was approved
so the client could be assisted and pay no more than 40 percent of
her adjusted income toward the family share, the Providence Housing
Authority was allowed to approve an exception payment standard that
exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public
[[Page 59729]]
Housing and Voucher Programs, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street,
SW., Room 4210, Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Center for People with Disabilities (CPD),
Boulder, CO.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
provides that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 26, 2011.
Reason Waived: The participant, who is disabled, requires a
modified unit and a live-in aide. To provide this reasonable
accommodation and allow the rent to remain affordable, an exception
payment standard was approved so the client could be assisted in the
participant's current unit and pay no more than 40 percent of her
adjusted income toward the family share, the CPD was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.517(b)(1).
Project/Activity: Housing Authority of the City of Fresno (HACF)
and the Housing Authority of Fresno County (HAFC), Fresno, CA.
Nature of Requirement: HUD's regulation at 24 CFR 982.517(b)(1)
provides that the utility allowance schedule must be determined
based on the typical costs of utilities and services paid by energy
conservative households.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 26, 2011.
Reason Waived: It was determined that approval of an energy
efficient utility allowance schedule for Park Grove Commons would
achieve the following: Helped to ensure that utility allowances
accurately reflected the typical cost of utilities and services paid
by energy conservative households that occupy housing of similar
size in energy efficient building in the same locality; encourage
the development of affordable energy efficient buildings by removing
barriers caused by using utility allowances that are based on
consumption data from properties that as a whole are not very energy
efficient; and likely to increase the supply of energy efficient
affordable housing units.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.55(b) and 983.153(a).
Project/Activity: Housing Authority of the City of Milwaukee
(HACM), Milwaukee, WI.
Nature of Requirement: Both regulations state that a public
housing agency (PHA) may not enter the Agreement to Enter into a
Housing Assistance Payments contract under the project-based voucher
(PBV) program with the owner until the subsidy layering review (SLR)
is completed.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 22, 2011.
Reason Waived: The Wisconsin Housing and Economic Development
Authority (WHEDA) conducted the SLR on Veterans Manor in May 2009
which was thought to be sufficient to meet the requirements above.
However, since WHEDA was not an approved independent entity, a
waiver was granted due to the misunderstanding. Subsequently, HUD
performed the SLR for this project.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.253(b).
Project/Activity: Louisiana Housing Authority (LHA), New
Orleans, LA.
Nature of Requirement: The regulation states that under the
project-based voucher (PBV) program, the contract unit leased to
each family must be appropriate for the size of the family under the
public housing agency's (PHA) subsidy standards.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 27, 2011.
Reason Waived: The LHA's efforts to lease up units for the PBV
permanent supportive housing (PSH) program had been hampered by the
lack of available one-bedroom units in the post-Hurricane Katrina GO
ZONE. The waiver allowed the LHA to solicit proposals from owners of
two-bedroom units who are willing to rent such units that do not
exceed 110 percent of the one-bedroom payment standard.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.259.
Project/Activity: Housing Authority of Thurston County (HATC),
Thurston County, WA.
Nature of Requirement: HUD's regulation at 24 CFR 983.259 states
that if a public housing agency (PHA) determines that a family is
occupying a wrong-sized unit in the project-based voucher (PBV)
program, it must promptly notify the family and the owner of this
determination and of the PHA's offer of continued assistance in
another unit. If the family does not accept the offer of continued
assistance in another unit and does not move out of the PBV unit
within a reasonable time, the PHA must terminate the housing
assistance payments for the wrong-sized unit at the expiration of
the reasonable period determined by the PHA.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 25, 2011.
Reason Waived: Two disabled household members (out of the
original four members) required a wheelchair-accessible unit and
accessible shower. The waiver was approved to allow these remaining
household members to stay in their current oversized unit as a
provision of a reasonable accommodation.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Hamilton Township Housing Agency (HTHA),
Hamilton Township, NJ.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year or
March 1, 2011.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 11, 2011.
Reason Waived: The executive director of the HTHA was ill for
several weeks during the submission period and is the only one who
has the rights to submit a SEMAP certification. This waiver allowed
the HTHA to submit its SEMAP certification after the deadline.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Lakewood Housing Authority (LHA), Lakewood,
NJ.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year or
March 1, 2011.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 11, 2011.
Reason Waived: The executive director of the LHA was absent from
the office for long periods of time due to illness and
[[Page 59730]]
hospitalization. The deputy director passed away suddenly during the
submission period. This waiver allowed the LHA to submit its SEMAP
certification after the deadline.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Joplin Housing Authority (JHA), Joplin, MO.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year ending
March 1, 2011.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 11, 2011.
Reason Waived: The JHA's administrative offices were destroyed
during the May 22, 2011 tornado.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
[FR Doc. 2011-24839 Filed 9-26-11; 8:45 am]
BILLING CODE 4210-67-P