[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76161-76169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29828]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5711-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2013
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 July 1, 2013, and ending on September 30, 2013.
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 third quarter of calendar year 2013.
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 July
1, 2013 through September 30, 2013. 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 in
[[Page 76162]]
time sequence beginning with the earliest-dated regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the third quarter of calendar
year 2013) before the next report is published (the fourth quarter of
calendar year 2013), HUD will include any additional waivers granted
for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: December 9, 2013.
Helen R. Kanovsky,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2013 Through
September 30, 2013
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the 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.
[ssquf] Regulation: 24 CFR 58.22(a).
Project/Activity: The State of Vermont requested a waiver for
the acquisition and development of Ladd Hall, an affordable 27-unit
multifamily project in Waterbury, VT. The applicant, Central Vermont
Community Land Trust (CVCLT), signed a conditional Purchase and
Sales (P&S) Agreement for Ladd Hall prior to approval of the
environmental review and Request for Release of Funds (RROF). A
waiver was needed because the applicant, CVCLT, committed non-HUD
funds to enter into a Purchase & Sales Agreement for the property
before approval of the environmental review and the submission and
HUD approval of the Request for Release of Funds (RROF). No
renovation, demolition, or new construction work on the property had
begun.
Nature of Requirement: Section 58.22 of HUD's regulations
entitled ``Limitations on activities pending clearance'' provides
that neither a recipient nor any participant in the development
process, including public or private nonprofit or for-profit
entities, or any of their contractors, may commit HUD assistance
under a program listed in 24 CFR 58.1(b) on an activity or project
until HUD or the state has approved the recipient's RROF and the
related certification from the responsible entity. In addition,
until the RROF and the related certification have been approved,
neither a recipient nor any participant in the development process
may commit non-HUD funds on or undertake an activity or project
under a program listed in 24 CFR 58.1(b) if the activity or project
would have an adverse environmental impact or limit the choice of
reasonable alternatives.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: August 9, 2013.
Reason Waived: It was determined that the project would further
the HUD mission and advance HUD program goals to develop viable,
quality communities and affordable housing. The grantee unknowingly
violated the regulation, but no HUD funds were committed, and based
on the environmental assessments and the HUD field inspection,
granting the waiver would not result in any unmitigated, adverse
environmental impact.
Contact: Nelson A. Rivera, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
& Urban Development, 451 7th Street SW., Room 7248, Washington, DC
20410, telephone 202-708-4225.
[ssquf] Regulation: 24 CFR 58.22(a).
Project/Activity: The city of Somerville, MA requested a waiver
for the acquisition and development of a former school site by the
Somerville Community Corporation, Inc. The project became a federal
undertaking on October 11, 2011 when the city began the National
Historic Preservation Act Section 106 consultation process and
identified HOME and McKinney-Vento funds as part of the project
financing package. A purchase and sales agreement for the property
was signed on October 12, 2011 and $5,000 was transferred. The
deposit, and another for $50,000 on December 20, 2011, used to hold
the property as part of the purchase and sales agreement was non-HUD
funds making this a regulatory violation.
Nature of Requirement: Section 58.22 of HUD's regulations
entitled ``Limitations on activities pending clearance'' provides
that neither a recipient nor any participant in the development
process, including public or private nonprofit or for-profit
entities, or any of their contractors, may commit HUD assistance
under a program listed in 24 CFR 58.1(b) on an activity or project
until HUD or the state has approved the recipient's RROF and the
related certification from the responsible entity. In addition,
until the RROF and the related certification have been approved,
neither a recipient nor any participant in the development process
may commit non-HUD funds on or undertake an activity or project
under a program listed in 24 CFR 58.1(b) if the activity or project
would have an adverse environmental impact or limit the choice of
reasonable alternatives.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: August 30, 2013.
Reason Waived: It was determined that the project would further
the HUD mission and advance HUD program goals to develop viable,
quality communities and affordable housing. The grantee unknowingly
violated the regulation, but no HUD funds were committed, and based
on the environmental assessments and the HUD field inspection,
granting the waiver would not result in any unmitigated, adverse
environmental impact.
Contact: Nelson A. Rivera, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
& Urban Development, 451 7th Street SW., Room 7248, Washington, DC
20410, telephone 202-708-4225.
[ssquf] Regulation: 24 CFR 91.105(c)(2).
Project/Activity: The city of Tuscaloosa, AL, requested a waiver
to shorten its citizen comment period so that it could quickly
reallocate CDBG funds to assist residents and businesses and
facilitate its recovery efforts resulting from a disaster
declaration.
Nature of Requirement: HUD's regulation at 24 CFR 91.105(c)(2)
requires that citizens be provided with reasonable notice and an
opportunity to comment on substantial amendments to its consolidated
plan. The citizen participation plan requires that citizens be given
no less than 30 days to comment on substantial amendments before
they are implemented. The city asked to shorten its citizen comment
period to seven days so that it may quickly reallocate CDBG funds
for activities to assist city residents and businesses continuing to
experience difficulties as they recover from the effects of the
storm/tornado.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: August 30, 2013.
Reason Waived: The city was allowed to shorten its comment
period from 30 days to 7 days so that it may quickly implement a
prioritized list of projects to assist businesses and residents
experiencing difficulty as they continue to recover from the effects
of the severe storms and tornado.
Contact: Gloria Coates, Office of Block Grant Assistance,
Entitlement Communities Division, Office of Community Planning and
Development, 451 7th Street SW., Room 7282, Washington, DC 20410,
telephone (202) 708-1577.
[ssquf] Regulations: 24 CFR 92.503(b)(3).
Project/Activity: The State of Minnesota requested a waiver of
24 CFR 92.503(b)(3), which requires funds expended for ineligible
activities or costs to be repaid to the account from which they were
disbursed.
Nature of Requirements: HUD's HOME Investment Partnership
Program (HOME) regulations at 24 CFR 92.503(b)(1) provide that any
HOME funds invested in housing that does not meet the affordability
requirements for the period specified in Sec. 92.252 or Sec.
92.254, as applicable, must be repaid by the participating
jurisdiction in accordance with Sec. 92.503(b)(3). Section
92.503(b)(3) provides that HUD will instruct the participating
jurisdiction to either repay the funds to the HOME Investment Trust
Fund Treasury account or the local account. The State was obligated
to repay ineligible HOME funds to the HOME grant from which they
were expended. If all or a portion of the total repayment was repaid
to an expired account, the repayment would have been
[[Page 76163]]
received by HUD but recaptured by the United States Treasury. As a
result, the repaid funds would have no longer been available for the
State's use in eligible affordable housing activities. Title II of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12721 et seq), as amended, states that such repaid funds shall be
made available immediately to the participating jurisdiction for
investment in eligible affordable housing activities. In this case,
the regulation makes it impossible to meet this statutory provision.
The waiver was granted to permit the State to repay its local HOME
Investment Trust Fund accounts instead of its HOME Investment Trust
Treasury account.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: July 25, 2013.
Reasons Waived: Waiver was granted to permit the State to repay
funds make the repaid funds available for eligible HOME projects.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
[ssquf] Regulations: 24 CFR Sec. 92. 92.2(2)(i).
Project/Activity: The City of Alexandria, VA, requested a waiver
of definition of ``commitment'' at 24 CFR 92.2(2)(i) of the HOME
Final Rule for the Lynhaven Apartments project.
Nature of Requirements: Section 92.21(2)(i) was amended
effective August 23, 2013 to require that a HOME participating
jurisdiction ensure that all necessary financing to complete a
project has been secured before HOME funds are committed to the
project. The City requested the waiver to permit it to commit HOME
funds that would otherwise be lost to a September 30, 2013,
deadline. The City stated that it did not anticipate the change in
definition of ``commitment'' that was made effective in the new HOME
rule because the definition change was not part of the HOME proposed
rule published on December 11, 2011. The short time between the
publication of the HOME final rule and the City's September 30,
2013, deadline was insufficient to enable the City identify another
project to which it could quickly commit its HOME funds.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: September 25, 2013.
Reasons Waived: The waiver was granted based upon the
abbreviated period of time the City had between the publication of
the new regulation and its commitment deadline to identify an
alternate project to which to commit its HOME funds. The waiver,
which permits the City to commit HOME funds to the Lynhaven
rehabilitation project while its applications for bond financing and
Low-Income Housing Tax Credits (LIHTC) are pending, is conditioned
on the project securing this financing based upon the schedule
submitted to HUD.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
[ssquf] Regulations: 24 CFR 92.252(e) and 24 CFR 92.
92.254(a)(4).
Project/Activity: The City of New Orleans, LA, requested that
HUD waive the affordability period set forth in 24 CFR 92.252(e) and
92.254(a)(4) for 31 HOME-assisted projects that were destroyed
during Hurricanes Katrina and Rita in 2005, and Gustav in 2008.
Nature of Requirements: The HOME regulations at 24 CFR 92.252-
(e) and 92.254(a)(4) set forth the minimum required affordability
period for HOME-assisted rental projects and homebuyer projects,
respectively. The City invested a total of $1,422,742.72 of HOME
funds in 31 rental and homebuyer projects that were destroyed or
irreparably damaged as a result of three Presidentially-declared
major disasters. Consequently, they did not meet their required
affordability periods due to circumstances beyond the City's
control.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: September 13, 2013.
Reasons Waived: The waiver was granted to reduce the
affordability periods under Sec. 92.252(e) and 92.254(a)(4) to the
useful life of these projects which ended when the properties were
destroyed or severely damaged by Hurricanes Katrina, and Rita in
2005, and Gustav, in 2008.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW.,
Room 7164, Washington, DC 20410, telephone (202) 708-2684.
[ssquf] Regulation: Neighborhood Stabilization Program 3 Notice,
published on October 9, 2010, at 75 FR 64333 (II.H.3.f) in
accordance with Title XII of Division A under the heading Community
Planning and Development: Community Development Fund of the American
Recovery and Reinvestment Act of 2009.
Project/Activity: Clark County, NV, requested a waiver of the 10
percent demolition cap under the Neighborhood Stabilization Program
which restricts grantees from spending more than 10 percent of total
grant funds on demolition activities. Clark County requested a
waiver to spend $3,540,526.00 or approximately seventeen and one-
half percent of its NSP3 allocation of $20,253,261.00 on the
demolition of asbestos infected structures.
Nature of Requirement: Section II.H.3.f of the NSP3 Notice
provides that a grantee may not use more than ten percent of its
grant for demolition activities.
Granted By: Mark Johnston, Deputy Assistant Secretary for
Special Needs.
Date Granted: August 1, 2013.
Reason Waived: Clark County requested a waiver to spend
$3,540,526.00 or approximately seventeen and one-half percent of its
NSP3 allocation of $20,253,261.00 on the demolition of asbestos
infected structures. Clark County provided statistical data
supporting the presence of asbestos in many units which caused
demolition costs to be significantly higher than initially expected.
Consequently, Clark County was granted a waiver of the expenditure
of funds for demolition. Demolition activities target NSP3
investment neighborhoods and remove safety hazards and the
destabilizing influence of blighted properties.
Contact: Jessie Handforth Kome, Deputy Director, Office of Block
Grant Assistance, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW.,
Room 7286, Washington, DC 20410, telephone (202) 402-5539.
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.
[ssquf] Regulation: 24 CFR 200.85(b).
Project/Activity: North Point II, Fort Smith, Arkansas, Project
Number: 082-35448.
Nature of Requirement: Section 200.85(b) of HUD's regulation
provides that ``A covenant against repayment of a Commissioner
approved inferior lien from mortgage proceeds other than surplus
cash or residual receipts, except in the case of an inferior lien
created by an operating loss loan insured pursuant to Section 223(d)
of the [National Housing] Act, or a supplemental loan insured
pursuant to Section 241 of the Act.''
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 8, 2013.
Reason Waived: The Arkansas Development Finance Authority
(ADFA), the state housing allocation agency does not allow HOME
loans without required payments of principal and interest. To meet
ADFA requirements, the borrower requested the use of operating funds
to repay the $400,000 HOME loan. The award of Low-Income Housing Tax
Credits (LIHTC) is tied to the allocation HOME funds. If the
borrower did not accept the HOME funds, the project would not have
qualified LIHTC. This approved waiver for Section 223(a)(7)/
221(d)(4) Refinance is the second waiver for the subject property.
The first waiver was approved for the subject project on March 24,
2010, when the application was submitted as a Section 221(d)(4) new
constructions with LIHTC.
Contact: Theodore K. Toon, Director, Office of Multifamily
Housing Development, HTD, Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW., Room 6134, Washington, DC
20410, telephone (202) 402-8386.
[ssquf] Regulation: Mortgagee Letter (ML) 2011-22, Condominium
Project Approval and Processing Guide, Insurance Requirements
(Baseline Condo Guidance--ML serves as regulation as defined under
HERA). (See http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/letters/mortgagee/2011ml.)
[[Page 76164]]
Project/Activity: FHA Concentration Waiver for Vinewood Village
Condominium located in the City of Wyandotte, Michigan.
Nature of Requirement: ML 2011-22 states that FHA will not
insure any mortgage in an approved project if 50 percent or more of
the units are FHA-insured.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 20, 2013.
Reason Waived: The Vinewood Village Condominium does not meet
the exception policy defined in ML 2011-22. However, to help ensure
the availability of the affordable housing contained within the
Vinewood Village Condominium and HUD's objectives to expand the
availability of affordable sustained homeownership opportunities for
low-to-moderate income borrowers the waiver was determined
necessary. The sale of condominium units is vital to the recovery of
the housing market.
Contact: Joanne B. Kuczma, Housing Program Officer, Office of
Single Family Program, Department of Housing and Urban Development,
451 7th Street SW., Washington, DC 20410-8000, telephone (202) 708-
3000.
[ssquf] Regulation: 24 CFR 200.72.
Project/Activity: St. Barnabas Hospital (SBH) is a 461-bed, not-
for-profit community hospital and Level 1 Trauma Center. SBH is
located in Bronx County, New York.
Nature of Requirement: The regulation mandates the project when
completed shall not violate any material zoning or deed restrictions
applicable to the project site, and shall comply with all applicable
building and other governmental codes, ordinances, regulations and
requirements.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 24, 2013.
Reason Waived: The Hospital does not meet all of the applicable
building codes, because it does not have a Permanent Certificate of
Occupancy (PCO) for the building, but has a Temporary Certificate of
Occupancy. It was determined that SBH would be able to move to Final
Endorsement, enabling the purchase and installation of a new boiler
system, which will have significant financial benefits for SBH,
allowing a savings of approximately $3,000,000 annually in operating
expenses.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 2237,
Washington, DC 20410, telephone (202) 402-5366.
[ssquf] Regulation: 24 CFR 219.220(b).
Project/Activity: Villanova Apartments--FHA Project Number 117-
35219, Lawton, Oklahoma. The owner is requesting to defer repayment
of the Flexible Subsidy loans on this project because of the 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 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: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 5, 2013.
Reason Waived: This waiver was granted to exempt the non-profit
owner from the requirement to repay the Flexible Subsidy Loan upon
prepayment/refinance of Section 221(d)(4) loan and recapitalize the
project to allow for needed repairs and improvement. It was
determined that these efforts would assure that residents are not
displaced and that the project would be able to meet or exceed the
HUD's standard for providing safe, decent, sanitary and affordable
housing for the Lawton, Oklahoma community.
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
[ssquf] Regulation: 24 CFR 219.220(b).
Project/Activity: Vineville Christian Towers--FHA Project Number
061-SH010, Macon, Georgia. The owner has requested a deferral of
repayment of the Flexible Subsidy Operating Assistance Loan on this
project to allow a longer term to pay off the loan.
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 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: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 5, 2013.
Reason Waived: The owner was allowed to waive the provision to
defer repayment of the Flexible Subsidy Operating Assistance Loan
because the owner could not afford to rehabilitate the property and
repay the loan in full or partially upon maturity. It was determined
that granting the waiver would allow the owner to refinance the loan
and facilitate rehabilitation of the project. The refinance will
enable the owner to recapitalize the property and preserve the 196
units of affordable housing for an additional 40 years.
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
[ssquf] Regulation: 24 CFR 219.220(b).
Project/Activity: Denver Metro Village--FHA Project Number 101-
44802, Denver, Colorado. The owner is requesting to defer repayment
of the Flexible Subsidy loans on this project because of the owner's
inability to repay the loans in full or partially upon maturity.
Nature of Requirement: Section 219.220(b) of HUD's regulations
govern 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 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: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 5, 2013.
Reason Waived: The waiver was granted, allowing the owner to
defer repayment of the Flexible Subsidy Operating Assistance Loan,
because it was determined that the owner could not afford to
rehabilitate the property and repay the loan in full or partially
upon maturity. This waiver would allow the owner to refinance the
loan and facilitate rehabilitation of the project. The refinance
would allow the owner to recapitalize the property and preserve the
192 units of affordable housing for the elderly and handicapped for
20 years from the date of the original mortgage maturity.
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
[ssquf] Regulation: 24 CFR 219.220(b).
Project/Activity: Springvale Terrace Apartments--FHA Project
Number 024-SH017, Silver Spring, Maryland. The owner is requesting
to defer repayment of the Flexible Subsidy loans on this project
because the property does not possess resources to repay the loan
upon its 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 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: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: This waiver was granted to exempt the non-profit
owner from the requirement to repay the Flexible Subsidy Loan upon
prepayment/refinance of Section 202 loan and to recapitalize the
project to allow for needed major repairs and improvement. It was
determined that these efforts would assure that residents are not
displaced and that the project will meet or exceed HUD's standard
for providing safe, decent, sanitary and affordable housing for the
Silver Spring, Maryland community.
[[Page 76165]]
Contact: Mark B. Van Kirk, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
7th Street SW., Room 6160, Washington, DC 20410, telephone (202)
708-3730.
[ssquf] Regulation: 24 CFR 242.17(b).
Project/Activity: The New York Presbyterian Hospital (NYP) is
part of New York Presbyterian Healthcare System, an affiliation of
healthcare facilities and providers. NYP is the five-facility, 2,224
bed flagship Hospital of the System. NYP is located in Manhattan,
NY.
Nature of Requirement: HUD's regulation at 24 CFR 242.17(b)
mandates the commitment will provide for insurance of advances of
mortgage funds during construction.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 24, 2013.
Reason Waived: The waiver was granted and provided that advances
would be insured prior to construction. This proposed structure
would benefit to NYP in lowering the cost of borrowing and reducing
the mortgage amount compared to the traditional approach. NYP
concludes a ``permanent'' financing eliminates the needs for
capitalized interest, up to $25 million.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 2237,
Washington, DC 20410, telephone (202) 402-5366.
[ssquf] Regulation: 24 CFR 242.42.
Project/Activity: The New York Presbyterian Hospital (NYP) is
part of New York Presbyterian Healthcare System, an affiliation of
healthcare facilities and providers. NYP is the five-facility, 2,224
bed flagship Hospital of the System. NYP is located in Manhattan,
NY.
Nature of Requirement: HUD's regulation at 24 CFR 242.42
mandates the mortgagor's Certificate of Actual Cost be submitted
upon completion of the physical improvements to the satisfaction of
HUD and before final endorsement.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 24, 2013.
Reason Waived: The waiver was granted and provided that the
Mortgagor's Certificate of Actual Cost would not be submitted until
after ``Same-Day'' endorsement of the loan. This proposed structure
would benefit to NYP in lowering the cost of borrowing and reducing
the mortgage amount compared to the traditional approach. NYP
concludes a ``permanent'' financing eliminates the needs for
capitalized interest, up to $25 million.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 2237,
Washington, DC 20410, telephone (202) 402-5366.
[ssquf] Regulation: 24 CFR 242.72.
Project/Activity: Bradford Rehab Associates d.b.a. Whittier
Rehabilitation Hospital (Whittier) is an acute rehabilitation
hospital and a member of Whittier Health Network. Whittier is
located in Bradford, MA.
Nature of Requirement: HUD's regulation at 24 CFR 242.72
prohibits the leasing of hospitals by proposed mortgagors,
effectively requires that the owner (mortgagor) of the facility and
operator of the facility be the same organization.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 17, 2013.
Reason Waived: The owner and mortgagor lease the Hospital to an
operator, BRN Corporation, a member of the Whittier Health Network.
Whittier's current long-term debt is at a variable interest rate and
terms require it be paid in full on January 24, 2014. The granting
of the waiver would allow Whittier's current debt to be refinanced
at a long-term, fixed rate.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 2237,
Washington, DC 20410, telephone (202) 402-5366.
[ssquf] Regulation: 24 CFR 891.100(d).
Project/Activity: Wings of Hope, San Antonio, TX, Project
Number: 115-HD052/TX59-Q091-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: July 18, 2013.
Reason Waived: The project was determined to be 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: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.100(d).
Project/Activity: Findley Place Apartments, Pittsfield, IL,
Project Number: 072-EE187/IL06-S101-011.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: The project was determined to be 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: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.100(d).
Project/Activity: George Gervin Retirement Apartments, San
Antonio, TX, Project Number: 115-EE093/TX59-S091-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 29, 2013.
Reason Waived: The project was determined to be 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: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.100(d).
Project/Activity: Focus Outreach Community Development,
Louisville, MS, Project Number: 065-HD045/MS26-Q101-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 13, 2013.
Reason Waived: The project was determined to be 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: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Housing Opportunities II, Shirley, NY, Project
Number: 012-HD137/NY36-Q071-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Section 891.165 provides that the duration of the fund reservation
of the capital advance is 18 months from the date of issuance with
limited exceptions up to 36 months, as approved by HUD on a case-by-
case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: July 18, 2013.
Reason Waived: The project was determined to be economically
designed and comparable in cost to similar projects in the area, and
the sponsor/owner exhausted all
[[Page 76166]]
efforts to obtain additional funding from other sources. Additional
time is needed to achieve an initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Share XIV, Medford, NY, Project Number: 012-
HD143/NY36-Q091-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Section 891.165 provides that the duration of the fund reservation
of the capital advance is 18 months from the date of issuance with
limited exceptions up to 36 months, as approved by HUD on a case-by-
case basis.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: September 11, 2013.
Reason Waived: The project was determined to be 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. Additional time is needed to achieve an initial
closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: George Gervin Retirement Apartments, San
Antonio, TX, Project Number: 115-EE093/TX59-S091-005.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for the project to
achieve an initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Nativity B.V.M. Place, Philadelphia, PA,
Project Number: 034-EE167/PA26-S091-005.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for a decision from
the courts involving a zoning appeal filed by a neighbor and for the
project to reach an initial closing and start construction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Wings of Hope, San Antonio, TX, Project
Number: 115-HD052/TX59-Q091-002.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for the project to
achieve an initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Kenyon Terrace Apartments, Pawtucket, RI,
Project Number: 016-HD063/RI43-Q091-006.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for the project to
achieve an initial closing and to begin the start of construction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Jubilee Station, Charleston, WV, Project
Number: 045-HD045/WV15-Q091-002.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for the closing
documents to be submitted, for the project to reach an initial
closing and start construction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Barringer Gardens, Charlotte, NC, Project
Number: 053-EE199/NC19-S091-012.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed to process the new
firm commitment application and initially close the project.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Orange Tree Senior Apartments, Oroville, Butte
County, CA, Project Number: 136-EE097/CA30-S101-008.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
Reason Waived: Additional time was needed for this CAUC project
to complete construction and reach initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Rosa Parks II Senior Housing, San Francisco,
CA, Project Number: 121-EE225/CA39-S101-002.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 8, 2013.
[[Page 76167]]
Reason Waived: Additional time was needed to achieve an initial
closing and to begin the start of construction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: COMM 22 Seniors, San Diego, CA, Project
Number: 129-EE036/CA33-S101-001.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 21, 2013.
Reason Waived: Additional time was needed for this capital
advance upon completion project to reach initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Fairfield Commons I, Stamford, CT, Project
Number: 017-HD042/CT26-Q091-001.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 23, 2013.
Reason Waived: Additional time was needed for this project to
achieve an initial closing and to start construction.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Fairthorne Housing, Philadelphia, PA, Project
Number: 034-EE185/PA26-S101-010.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 26, 2013.
Reason Waived: Additional time was needed to coordinate various
funding sources and to negotiate the loan documents for the project
to reach initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
[ssquf] Regulation: 24 CFR 891.165.
Project/Activity: Ken Crest PA 2010, Spring City, PA, Project
Number: 034-HD117/PA26-Q101-004.
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 36 months,
as approved by HUD on a case-by-case basis.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 26, 2013.
Reason Waived: Additional time was needed for this project to
reach initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
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.
[ssquf] Regulation: 24 CFR 902.20.
Project/Activity: New York City Housing Authority, (NY005) New
York, NY.
Nature of Requirement: The objective of this regulation is to
determine whether a housing authority (HA) is meeting the standard
of decent, safe, sanitary, and in good repair. The Real Estate
Assessment Center (REAC) provides for an independent physical
inspection of a HA's property of properties that includes a
statistically valid sample of the units.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: July 12, 2013.
Reason Waived: New York City Housing Authority (NYCHA) sought a
waiver from inspections for the FYE December 31, 2013, for 36
developments that received an inspection score of 80 or above for FY
2011. NYCHA cites the frequency of inspections provision in the PHAS
rule as the basis for this waiver because NYCHA's FYE 2011
inspections began in calendar 2012 and were not completed until late
that year.
Contact: Judy Wojciechowski, 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) 475-7907.
[ssquf] Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Housing Authority of the City of Augusta,
Georgia Walton Oaks Family Phase II Project Number: GA0010000190.
Nature of Requirement: This regulatory provision requires that
``if the partner and/or owner entity (or any other entity with and
identity of interest with such parties) wants to serve as the
general contractor for the project or development, it may award
itself the construction contract only if it can demonstrate to HUD's
satisfaction that its bid is the lowest bid submitted in response to
a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 22, 2013.
Reason Waived: The Housing Authority of the City of Augusta
submitted an independent cost estimate. HUD reviewed the Mixed-
Finance proposal and confirmed that the construction costs for the
project were below the independent cost review prepared. HUD also
performed a fee analysis that showed all of the construction fees
were at or below HUD's Cost Control and Safe Harbor Standards
(revised April 9, 2003). On this basis, it was determined that good
cause existed to grant the waiver so that the affiliate could serve
as the general contractor.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 4130, Washington, DC 20140, telephone (202) 402-4181.
[ssquf] Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Chicago Housing Authority (CHA), Chicago, IL;
Dorchester Artist Housing Mixed-Finance transaction.
Nature of Requirement: This regulatory provision requires that
``if a partner and/or owner entity (or any other entity with an
identity of interest with such parties) wants to serve as the
general contractor for a project or development, it may award itself
the construction contract only if it can demonstrate to HUD's
satisfaction that its bid is the lowest responsive bid submitted in
response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: September 13, 2013.
Reason Waived: HUD reviewed the Mixed-Finance proposal and
confirmed that the construction costs for the project were below the
independent cost review prepared by Construction Cost System
submitted by CHA. HUD also performed a fee analysis that showed all
of the construction fees were at or below HUD's Cost Control and
Safe Harbor Standards (revised April 9, 2003). On this basis, it was
determined that good cause existed to grant the waiver so that OVC
BCM JV with BCM owned by Brinshore Development, LLC, a member of the
development team for the Project, could serve as the general
contractor.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 4130, Washington, DC 20140, telephone (202) 402-4181.
[ssquf] Regulation: 24 CFR 982.505(d).
Project/Activity: San Diego Housing Commission (SDHC), San
Diego, CA
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
[[Page 76168]]
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: August 13, 2013.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to remain in
her unit. To provide this reasonable accommodation so the client
could remain in her unit and pay no more than 40 percent of her
adjusted income toward the family share, the SDHC was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 982.505(d).
Project/Activity: Knoxville Community Development Corporation
(KCDC), Knoxville, TN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is 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: August 22, 2013.
Reason Waived: The participant, whose daughter is a person with
disabilities, required an exception payment standard to remain in
his current unit that met the needs of his daughter. To provide this
reasonable accommodation so that the client could remain in his unit
and pay no more than 40 percent of his adjusted income toward the
family share, the KCDC was allowed to approve an exception payment
standard that exceeded the basic range of 90 to 110 percent of the
FMR.
Contact: Laure Rawson, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 982.505(d).
Project/Activity: Oneonta Housing Authority (OHA), Oneonta, NY.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is 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: August 22, 2013.
Reason Waived: The applicant, who is a person with disabilities,
required an exception payment standard to move to a unit that meets
the needs of her family. To provide this reasonable accommodation so
that the client could move to a new unit and pay no more than 40
percent of its adjusted income toward the family share, the OHA was
allowed to approve an exception payment standard that exceeded the
basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 982.505(d).
Project/Activity: San Diego Housing Commission (SDHC), San
Diego, CA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is 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: August 26, 2013.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
unit that meets his needs. To provide this reasonable accommodation
so that the client could move to a new unit and pay no more than 40
percent of his adjusted income toward the family share, the SDHC was
allowed to approve an exception payment standard that exceeded the
basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 982.505(d).
Project/Activity: Sawyer County Housing Authority (SCHA), Sawyer
County, WI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is 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: September 13, 2013.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to remain in
her unit. To provide this reasonable accommodation so the family
could remain in its unit and pay no more than 40 percent of its
adjusted income toward the family share, the SCHA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, 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 7th Street SW., Room 4216, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 983.51.
Project/Activity: Galveston Housing Authority (GHA), Galveston,
TX.
Nature of Requirement: HUD's regulation at 24 CFR 983.51 records
the owner proposal selection procedures. These procedures require a
current or previous competitive selection.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: September 3, 2013.
Reason Waived: This regulation was waived in order to finalize
and expedite the redevelopment of public housing that was destroyed
due to Hurricane Ike and to address critical housing needs on
Galveston Island that would otherwise remain unaddressed.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 983.51(b), 983.55(b) and 983.153(a).
Project/Activity: Norfolk Redevelopment and Housing Authority
(NRHA), Norfolk, VA.
Nature of Requirement: The first regulation provides that a PHA
must select PBV proposals by either of two methods requiring
competitive selection. The second regulation provides that a PHA may
not enter into an Agreement to enter into a Housing Assistance
Payments Contract (AHAP) until HUD or an independent entity approved
by HUD has conducted a required subsidy layering review (SLR) and
determined that the PBV assistance is in accordance with the HUD SLR
requirements. The third regulation provides that the PHA may not
enter the AHAP with the owner until the SLR is completed.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 14, 2013.
Reason Waived: These regulations were waived based on the unique
collaborative effort of five communities to provide critical housing
for the homeless (including veterans and the disabled and the
multitude of funding sources committed to Heron's Landing.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 983.206(b).
Project/Activity: Housing Authority of the City of Milwaukee
(HACM), Milwaukee, WI.
Nature of Requirement: HUD's regulation at 24 CFR 983.206(b)
provides that at the
[[Page 76169]]
discretion of the PHA and provided that the total number of units in
a project that will receive project-based voucher (PBV) assistance
or other project-based assistance will not exceed 25 percent of the
number of dwelling units (assisted or unassisted) in the project or
the 20 percent of authorized budget authority, a housing assistance
payments (HAP) contract may be amended during the three-year period
immediately following the execution date of the HAP contract to add
additional PBV contract units in the same project.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 9, 2013.
Reason Waived: This regulation was waived since the original
contract for this project was executed in 2004 and waiving this
regulation would ensure the financial stability of the HUD-approved
mixed finance project.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 984.303(d).
Project/Activity: San Diego County Housing Authority (SDCHA),
San Diego County, CA.
Nature of Requirement: This regulation limits extensions of
Family Self-Sufficiency (FSS) contracts by a public housing agency
to two years beyond the initial five-year term of the FSS contract.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 29, 2013.
Reason Waived: This regulation was waived because failure to
complete the contract within the contract term was due to serious
health challenges within her family and job market conditions during
a severe economic downturn in California.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 985.101(a).
Project/Activity: Ware Housing Authority (WHA), Ware, MA.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
provides that a PHA must submit the HUD-required Section Eight
Management Assessment Program (SEMAP) certification form within 60
calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: September 16, 2013.
Reason Waived: This waiver was granted since the executive
director was terminated by the Board of Directors prior to the due
date of the SEMAP certification and no one else had entry rights to
submit WHA's certification. WHA was permitted to submit its SEMAP
certification after the due date.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[ssquf] Regulation: 24 CFR 985.101(a).
Project/Activity: Chester Housing Authority (CHA), Chester, SC.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
provides that a PHA must submit the HUD-required Section Eight
Management Assessment Program (SEMAP) certification form within 60
calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: September 30, 2013.
Reason Waived: This waiver was granted since the acting
executive director resigned in August prior to the due date of the
SEMAP certification and no one else had entry rights to submit CHA's
certification. CHA was permitted to submit its SEMAP certification
after the due date.
Contact: Laure Rawson, 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 7th Street SW., Room 4210, Washington, DC 20410,
telephone (202) 708-0477.
[FR Doc. 2013-29828 Filed 12-13-13; 8:45 am]
BILLING CODE 4210-67-P