[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 77024-77030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30070]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5789-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2014
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, 2014, and ending on September 30, 2014.
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 Seventh 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 2014.
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
[[Page 77025]]
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, 2014 through September 30, 2014. 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 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 2014) before the next report is published (the fourth quarter of
calendar year 2014), 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 17, 2014.
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, 2014
Through September 30, 2014
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.
Regulation: 24 CFR 51.104(b)(2).
Project/Activity: The Federal Housing Commissioner in the Office
of Housing requested a waiver 24 CFR 51.104(b)(2) in order to
facilitate the construction of the Y-Site apartments, a 199 unit
facility in Gaithersburg, MD adjacent to the Gaithersburg MARC
(Maryland Area Commuter Rail) station using HUD Section 221(d)(4)
program.
Nature of Requirement: The regulation at 24 CFR 51.104(b)(2)
requires an environmental impact statement for projects in
unacceptable noise zones. The Assistant Secretary may waive the EIS
requirement in cases where noise is the only environmental issue and
no outdoor noise sensitive activity will take place on the site. In
such cases, an environmental review shall be made pursuant to the
requirements of 24 CFR parts 50.
Granted By: Clifford Taffet, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: July 15, 2014.
Reason Waived: The project will further the HUD mission and will
advance HUD program goals to develop viable, sustainable communities
and affordable housing. The construction of the units will
adequately protect the interiors, and no outdoor, noise-sensitive
uses will occur in the exposed space. Based on the environmental
assessments, no adverse environmental impact will result from this
development in an unacceptable noise zone.
Contact: James Potter, 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, telephone (202) 402-4610.
Regulation: 24 CFR 58.22(a).
Project/Activity: The Acting Administrator for the Eastern/
Woodlands Office of Native American Programs requested a waiver of
24 CFR 58.22(a) in order to facilitate construction of two
basketball courts, a picnic pavilion and a fitness center by the
ISWA Development Corporation--Catawba Nation in Rock Hill, SC.
Nature of Requirement: A regulatory waiver is required because
the ISWA Development Corporation committed non-HUD funds for the
construction contract prior to HUD approval of a Request for Release
of Funds in violation of the regulation at 58.22(a).
Granted By: Clifford Taffet, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: September 4, 2014.
Reason Waived: The above project will further the HUD mission
and will advance HUD program goals to develop viable, quality
communities. Although the errors were made in the environmental
review process, the fitness center, basketball courts and the
pavilion will help the community by providing a safe and a suitable
area for sports, entertainment and physical fitness. The property
was rehabilitated in good faith and ISWA did not willfully violate
the applicable regulations; no HUD funds were committed to the
construction contract; and based on the environmental assessment,
and a field inspection concluded that granting a waiver for this
project will 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
and Urban Development, 451 Seventh Street SW., Room 7250,
Washington, DC 20410, telephone (202) 402-4455.
Regulation: 24 CFR 570.208(a)(l)(vi).
Project/Activity: Fresno County, CA requested a waiver of 24 CFR
570.208(a)(l)(vi) allow the use of prior Low and Moderate Income
Summary Data for two infrastructure activities in order to
demonstrate compliance with the low- and moderate-income benefit
national objective requirements.
Nature of Requirement: 24 CFR 570.208(a)(l)(vi) requires that
the most recently available decennial census information must be
used to the fullest extent feasible, together with the section 8
income limits that would have applied at the time the income
information was collected by the Census Bureau, to determine whether
there is a sufficiently large percentage of low- and moderate-income
persons residing in the area served by a CDBG funded activity. The
HUD-produced Low and Moderate Income Summary Data provide this data
to grantees. On June 10, 2014, HUD issued new Low and Moderate
Income Summary Data, with an effective date of July 1, 2014 for use
by grantees.
Granted By: Clifford Taffet, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: September 26, 2014.
Reason Waived: Two infrastructure activities, which had been in
the planning stage for many months, were included in the county's FY
2014 Annual Action Plan. However, funds were not obligated by the
county to these activities prior to July 1, 2014. The county
documented that the available Low and Moderate Income Summary data
covered an area larger than the actual service areas for the two
activities, and was not representative of the income characteristics
of the activity service area residents. The county would incur
further delays and additional costs to conduct special surveys to
qualify the service areas of the two activities. The waiver allowed
the county to continue to use the prior Low and Moderate Income
Summary Data to demonstrate compliance with the low- and moderate-
income benefit national objective requirements.
Contact: Steve Johnson, Director of Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban
[[Page 77026]]
Development, 451 Seventh Street SW., Room 7282, Washington, DC
20410, telephone (202) 402-4548.
Regulation: 24 CFR 91.105(c)(2).
Project/Activity: Snohomish County, WA requested a waiver of 24
CFR 91.105(c)(2) to permit a three day public comment period for
citizen review of use of Community Development Block Grant (CDBG)
funds to assist in recovering from a presidentially declared
disaster in 2014 resulting from mudslides.
Nature of Requirement: The provision of 24 CFR 91.105(c)(2)
requires that grantees provide a period of not less than 30 days
during which affected citizens may review and comment on the
substantial amendment prior to its implementation.
Granted By: Clifford Taffet, Acting Assistant Secretary for
Community Planning and Development.
Date Granted: September 17, 2014.
Reason Waived: The Department provided $1,500,000 in Community
Development Block Grant (CDBG) funds to assist Snohomish County in
recovering from a presidentially declared disaster in 2014 resulting
from mudslides. The period of availability for obligation for some
of the funds being provided to the county expired on September 30,
2014. The county could not complete its citizen participation and
amendment process before September 30 within the 30-day period
specified in the Consolidated Plan regulations. This waiver allowed
a minimum three (3) day public comment period for Snohomish County's
substantial amendment to its Consolidated Plan.
Contact: Steve Johnson, Director of Entitlement Communities
Division, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
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 200.85(b).
Project/Activity: Riverside Park Apartments, Phase II, West
Memphis, Arkansas Project Number: 082-11124.
Nature of Requirement: HUD's regulation at 24 CFR 200.85(b)
requires the mortgage contain ``[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 pursuant to Section 223(d) of the Act
[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 10, 2014.
Reason Waived: The project consists of 8 two-story buildings
with 64 units, built on a 7.29 acre site with 97 percent occupancy
as of the Lender's underwriting, dated 12/3/13. The Borrower and the
Management agent have extensive experience with over 100 properties,
including HUD properties, through the Low-Income Housing Tax Credit
(LIHTC) program in development, constructing and management of
affordable residential housing. Substantial rehabilitation was
recently completed on Phase I of the property where major components
such as the HVAC, roof, cabinets, plumbing, appliances and windows
were replaced. The Partnership obtained a $450,000 loan from the
Arkansas Development Finance Authority (ADFA) through the HOME
Investment Partnerships Program and executed a Promissory Note to
repay this loan. The Borrower executed a deed restriction under the
HOME Investment Partnerships Program Agreement, which qualifies the
property as affordable housing for a minimum of 35 years. The
property will accept residents with Section 8 vouchers. Riverside
Park Apartment's existing loan and operations are performing well
and has sufficient cash flow after debt service payments for both
the FHA insured loan and the HOME loan.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6230, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24CFR 200.85(b).
Project/Activity: Riverside Park Apartments, Phase I, West
Memphis, Arkansas Project Number: 082-11123.
Nature of Requirement: HUD's regulation at 24 CFR 200.85(b)
requires the mortgage contain ``[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 pursuant to Section 223(d) of the Act
[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 11, 2014.
Reason Waived: The Partnership obtained a $450,000 loan from the
Arkansas Development Finance Authority (ADFA) through the HOME
Investment Partnerships Program and executed a Promissory Note to
repay this loan. The Borrower executed a deed restriction under the
HOME Investment Partnerships Program Agreement, which qualifies the
property as affordable housing for a minimum of 35 years. The
project consists of 8 two-story buildings with 64 units, built on a
7.29 acre site with 97 percent occupancy as of the Lender's
underwriting, dated 12/3/13. The Borrower and the Management agent
have extensive experience with over 100 properties, including HUD
properties, through the Low-Income Housing Tax Credit (LIHTC)
program in development, constructing and management of affordable
residential housing. Substantial rehabilitation was recently
completed on Phase I of the property where major components such as
the HVAC, roof, cabinets, plumbing, appliances and windows were
replaced. The property will accept residents with Section 8
vouchers. Riverside Park Apartment's existing loan and operations
are performing well and has sufficient cash flow after debt service
payments for both the FHA insured loan and the HOME loan.
Contact: Theodore K. Toon, Director, FHA Multifamily Production,
Office of Multifamily Housing Programs, Office of Production, Office
of Housing, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 6230, Washington, DC 20410, telephone (202) 402-
8386.
Regulation: 24 CFR 200.85(b).
Project/Activity: Brent Place/Essex House Apartments; FHA
Project Number: 051-35642; City, State: Alexandria, Virginia. Owner
requested a regulatory waiver as part of their participation in the
Energy Efficiency Pilot Initiative Utilizing Energy Performance
Contracting Loan Subordination.
Nature of Requirement: HUD's regulation at 24 CFR 200.85(b)
requires the mortgage contain ``[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 pursuant to Section 223(d) of the Act
[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: August 29, 2014.
Reason Waived: The granted waiver of 24 CFR 200.85(b)
facilitates payment of the inferior lien from a source other than
surplus cash or Residual Receipts. The inferior lien will be paid
over a 10 year period from the increased revenues that result from
the energy savings. The requested waiver is required to facilitate
the implementation of the Energy Efficiency Pilot Initiative
Utilizing Energy Performance Contracting at the subject property.
The Pilot is intended to improve energy and water efficiency in
multifamily housing and address the difficulty that existing
multifamily properties have in accessing financing for energy and
water saving improvements. By granting the regulatory waiver, the
property will achieve energy savings through several water and
energy efficiency improvements (e.g. replacement of existing
fixtures with low flow faucet aerators, occupancy sensors to control
lighting in common areas, high/low limiting thermostats, etc.).
Contact: Lauryn Alleva, Program Analyst, Office of Multifamily
Housing Programs, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6112, Washington, DC
20410, telephone (202) 402-2609.
Regulation: 24 CFR 219.220(b).
Project/Activity: Sycamore Groves Apartments, FHA Project Number
084-44154, Kansas City, Missouri. The owners have requested deferral
of repayment of the Flexible Subsidy Operating Assistance Loan on
this project due to their inability to repay the loan in full upon
prepayment of the 236 Loan.
Nature of Requirement: The regulation at 24 CFR 219.220(b)
[1995], which governs the
[[Page 77027]]
repayment of operating assistance provided under the Flexible
Subsidy Program for Troubled Projects, states ``[a]ssistance 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.''
Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 4, 2014.
Reason Waived: The owner requested and was granted waiver of the
requirement to defer repayment of the Flexible Subsidy Operating
Assistance Loan to allow the much needed preservation and moderate
rehabilitation of the project. The project will be preserved as an
affordable housing resource of Kansas City, Missouri.
Contact: Minnie Monroe-Baldwin, Branch Chief, Affordable Housing
Transaction, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6222, Washington, DC
20410, telephone (202) 402-2636.
Regulation: 24 CFR 219.220(b).
Project/Activity: Terrace Hills Apartments FHA Number 102-44001T
is a 54-unit apartment style project for low-income families. The
mortgage was insured pursuant to Section 236(j)(1) of the National
Housing Act and was endorsed on May 4, 1970, in the amount of
$782,100 at eight and one half percent interest. The project's
Section 236 mortgage matured on January 1, 2012.
Nature of Requirement: The regulation at 24 CFR
219.220(b)(1995), which governs the repayment of operating
assistance provided under the Flexible Subsidy Program for Troubled
Projects, 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.''
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: August 14, 2014.
Reason Waived: Therefore, 24 CFR 219.220(b)(1995) is hereby
waived to permit the deferment of repayment of the outstanding
Flexible Subsidy Loan, plus accrued interest, and to permit the
Owner to repay the Loan through a repayment plan.
Contact: James Wyatt, Program Manager, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6168, Washington, DC
20410, telephone (202) 402-2519.
Regulation: 24 CFR 219.220(b).
Project/Activity: Glynn Courtyard Apartments FHA Number 022-
44007T is a 69-unit multifamily project originally developed in 1971
with a mortgage insured pursuant to Section 236(j)(1) of the
National Housing Act, which matured in January 2012 and is paid in
full.
Nature of Requirement: The regulation at 24 CFR
219.220(b)(1995), which governs the repayment of operating
assistance provided under the Flexible Subsidy Program for Troubled
Projects, states ``Assistance that has been paid to a project Owner
under this subpart must be repaid at the earlier of expiration of
the term of the mortgage, termination of mortgage insurance,
prepayment of the mortgage, or a sale of the project.''
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 8, 2014.
Reason Waived: Therefore, 24 CFR 219.220(b)(1995) is hereby
waived to permit the deferment of repayment of the outstanding
Flexible Subsidy Loan, plus accrued interest, and to permit the
Owner to repay the Flexible Subsidy Loan through a repayment plan.
Contact: James Wyatt, Program Manager, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6168, Washington, DC
20410, telephone (202) 402-2519.
Regulation: 24 CFR 241.16(a)(2).
Project/Activity: Kaleida Health (KH) is a not-for-profit health
system that owns and operates four hospitals with an aggregate of
998 licensed beds, a vascular institute, skilled nursing facilities,
visiting nurse associations, and 80 outpatient clinics and
diagnostic and treatment centers. KH is located in Buffalo, New
York.
Nature of Requirement: The regulation mandates that the three-
year aggregate operating margin of the Hospital be greater than
0.00% when calculated from the three most recent annual financial
statements.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 26, 2014.
Reason Waived: The Hospital does not meet the three-year
operating margin rule. However, there are mitigating circumstances
to reduce risk, including but not limited to a high debt service
coverage, low loan-to-value, and considerable community financial
support. Further, while the three-year aggregate operating margin is
slightly less than 0.00% (-0.41%), recent financial results indicate
that a positive margin will be achieved in the current fiscal year.
Contact: Shelley M. McCracken-Rania, Senior Financial Analyst,
Office of Healthcare Programs, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 2247,
Washington, DC 20401, telephone (202) 402-5366.
Regulation: 24 CFR 891.100(d).
Project/Activity: Meadow Lane Apartments, New Rochelle, NY
Project Number: 012-EE382/NY36-S101-006.
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 9, 2014.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner has 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 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Fulton Gardens Apartments, Houston, TX
Project Number: 114-EE150/TX24-S101-005.
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: September 22, 2014.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner has 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 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Housing Opportunities II, Shirley, NY Project
Number: 012-HD137/NY36-Q071-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 24 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: July 25, 2014.
Reason Waived: The sponsor/owner needed additional time to
prepare for initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Anderson Gardens Apartments, Woodstock, VA
Project Number: 051-EE134/VA36-S091-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 24 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 5, 2014.
Reason Waived: Additional time was needed to approve a new co-
sponsor and site. The sponsor/owner also needed additional
[[Page 77028]]
time for the new site to be rezoned and for the project to achieve
initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Pollywog Creek Senior Housing, Labelle, FL
Project Number: 066-EE120/FL29-S101-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 24 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, 2014.
Reason Waived: The sponsor/owner needed additional time to
prepare for initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: ArtsBridge Senior Housing, Bronx, NY Project
Number: 012-EE372/NY36-S091-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 24 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 14, 2014.
Reason Waived: The sponsor/owner needed additional time to
prepare for initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Bill Sorro Community, San Francisco, CA
Project Number: 121-HD097/CA39-Q101-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 24 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 19, 2014.
Reason Waived: The sponsor/owner needed additional time to
prepare for initial closing.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.205,501(C)(3).
Project/Activity: Nativity B.V.M. Place, Philadelphia, PA
Project Number: 034-EE167/PA26-S091-005.
Nature of Requirement: Section 891.205, requires at the time of
the fund reservation for the Owner to be a private nonprofit
organization with a tax exempt status under Section 501(C)(3) or
501(C)(4) of the Internal Revenue Code.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 29, 2014.
Reason Waived: The project experienced a delay of three years
due to litigation and the required tax exemption ruling from
Internal Revenue Service (IRS) was expected to be issued but not in
time for the scheduled initial closing of the project. The waiver
would permit the Owner of the subject project to proceed to initial
closing without the required tax exemption ruling from the IRS.
Contact: Catherine M. Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Room 6180,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: Requirements of Mortgagee Letter 2011-22,
Condominium Project Approval and Processing Guide, Restrictions on
Leasing
Project/Activity: Franklin Towers, Los Angeles, CA. Request to
issue FHA case number for Unit #710 located at 7250 Franklin Avenue,
Los Angeles, California without approving the subject condominium
project as required per the regulatory requirement.
Nature of Requirement: Section 1.8.9 of the Condominium Project
Approval and Processing Guide, Restrictions on Leasing, defines the
requirements for use of a condominium unit for transient purposes as
a rental for less than 30 days or where there are services provided
by the lessor normally associated with a hotel. The Covenants,
Conditions and Restrictions (CC&Rs) of the project contain
impermissible transient usage language. The Association Board will
not consider amending the CC&Rs removing the impermissible language
or provide an executed statement that affirms there are no units
within the project currently rented for less than 30 days and/or
pursuant to the lessor providing any services normally associated
with a hotel.
Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: September 4, 2014.
Reason Waived: The Unit purchaser should not lose the
opportunity to purchase an affordable housing unit based on the
Association Board's reluctant to provide the required statement for
project approval. The granting of this waiver is consistent with the
Department's objectives to expand the availability of FHA mortgage
insurance, while providing appropriate safeguards.
Contact: Joanne B. Kuczma, Housing Program Officer, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 9278,
Washington, DC 20410, telephone (202) 402-2137.
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: Compton Housing Authority (CA071) Compton, 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: September 8, 2014.
Reason Waived: The Housing Authority (HA) contended that the
audit of the City of Compton was delayed as a result of allegations
of fraud and misuse of the City funds resulting in the necessary
forensic audit. As a result, the audited financial submission was
delayed. In accordance with 24 CFR 5.110, there was good cause to
waive the reporting compliance deadlines under 24 CFR 5.801. The
additional time permitted the HA to finalize the audit process and
complete the submission to the REAC. The HA's request for an
extension until August 30, 2014 was approved.
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.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: North Bend Housing Authority (OR009), North
Bend, OR
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 4, 2014.
Reason Waived: The North Bend Housing Authority (HA) requested
an extension of the due date because the HA's Auditor was not able
to complete the audit due to health complications. The HA requested
a 60-day extension in order to submit its FYE December 31, 2013
audited submission. The Department reviewed the HA's request and
concluded that the waiver request approved.
[[Page 77029]]
In accordance with 24 CFR 5.110, there was good cause to approve the
waiver of the audited financial submission due date of September 30,
2014. The inability to submit financial information to the
Department by September 30, 2014 was beyond the control of the HA.
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.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: The Housing Authority of the City of
Alamogordo (NM004), Alamogordo 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 4, 2014.
Reason Waived: The Housing Authority of the City of Alamogordo
contends that the audit was completed in March 2014. The auditors
disagreed on the initial FASS system submission and this caused an
additional delay in the REAC submission. As a result, the audited
data was not submitted to the REAC on or before the due date of
March 31, 2014. In accordance with 24 CFR 5.110, there was good
cause to approve the HA's request and hereby waive the reporting
compliance deadlines under 24 CFR 5.801. The audited data was
completely submitted to the REAC on April 2, 2014 which was two (2)
days after the due date. This audited data was used to calculate the
new FASS indicator score for the Housing Authority of the City of
Alamogordo.
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.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: The Municipality of San Juan Puerto Rico
(RQ006), San Juan PR
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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: September 8, 2014.
Reason Waived: The Housing Authority (HA) new external auditor
had concerns about the accuracy and validity of the prior year
balances. Furthermore, new Government officials were appointed on
January 14, 2013, which included a new management structure for the
HA's finance department. This caused an issue with obtaining
information to validate beginning balances of the previous issued
audited financial data. The Department reviewed the Municipality of
San Juan's request and concluded that the waiver request should be
approved. In accordance with 24 CFR 5.110, there was good cause to
approve the waiver of the audited financial submission due date of
March 31, 2014. The Municipality of San Juan's inability to submit
their financial information by March 31, 2014 was beyond the control
of the HA.
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.
Regulation: 24 CFR 905.505(i)1.
Project/Activity: Mobile Alabama Housing Board.
Nature of Requirement: Establishes that a Public Housing
Authority cannot pledge more than 33% of their annual Capital Fund
grants for debt service.
Granted By: Jemine Byron, Acting Assistant Secretary for Public
and Indian Housing.
Date Granted: September 17, 2014.
Reason Waived: By allowing the Housing Authority to refinance
their existing debt at a more than 33%, savings of about $1.8
million over the remaining life of the loan will be realized.
Contact: Ivan Pour, Director of the Office of Capital
Improvements, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 4130,
Washington, DC 20410, telephone (202) 402-2488.
Regulation: 24 CFR 982.401(c)(1) and (2).
Project/Activity: Idaho Housing and Finance Agency, (IHFA),
Boise, ID.
Nature of Requirement: This regulation states that a unit
approved under the Housing Choice Voucher program must have suitable
space and equipment to store, prepare, and serve foods in a sanitary
manner.
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 22, 2014.
Reason Waived: This regulation was waived due to the fire danger
presented to this participant while alternate arrangements were made
to provide meals.
Contact: Becky Primeaux, 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: Berkeley Housing Authority (BHA), Berkeley,
CA.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: July 17, 2014.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
more accessible unit. To provide this reasonable accommodation so
the client could move to a new unit and pay no more than 40 percent
of her adjusted income toward the family share, the BHA was allowed
to approve an exception payment standard that exceeded the basic
range of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Georgia Department of Community Affairs
(GDCA), Atlanta, GA.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 7, 2014.
Reason Waived: The applicant, who is a person with disabilities,
required an exception payment standard to remain in his current unit
that met his needs. 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 GDCA was allowed
to approve an exception payment standard that exceeded the basic
range of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: San Francisco Housing Authority (SFHA), San
Francisco, CA.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 7, 2014.
Reason Waived: Five homeless veterans, who are persons with
disabilities, required an exception payment standard to move to
[[Page 77030]]
units that met their needs. To provide this reasonable accommodation
so that these clients could move to their units and pay no more than
40 percent of their adjusted income toward the family share, the
SFHA was allowed to approve exception payment standards that
exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Baltimore County Housing Office (BCHO),
Towson, MD.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 22, 2014.
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 BCHO was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Willimantic Housing Authority (WHA),
Willimantic, CT.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 22, 2014.
Reason Waived: The participant, whose daughter is a person with
disabilities, required an exception payment standard to move to a
unit that is wheelchair accessible. To provide this reasonable
accommodation so that the client could move to a new unit and pay no
more than 40 percent of her adjusted income toward the family share,
the WHA was allowed to approve an exception payment standard that
exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Arvada Housing Authority (AHA), Arvada, CO.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 29, 2014.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
new unit. To provide this reasonable accommodation so the family
could move to a new unit and pay no more than 40 percent of its
adjusted income toward the family share, the AHA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: South Metro Housing Options (SMHO), Littleton,
CO.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 29, 2014.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
new unit. To provide this reasonable accommodation so the family
could move to a new unit and pay no more than 40 percent of its
adjusted income toward the family share, the SMHO was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Brookline Housing Authority (BHA), Brookline,
MA.
Nature of Requirement: 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: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: September 18, 2014.
Reason Waived: The participant, who is a person with
disabilities, required an exception payment standard to move to a
new unit. To provide this reasonable accommodation so the family
could move to a new unit and pay no more than 40 percent of its
adjusted income toward the family share, the BHA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Becky Primeaux, 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 4216,
Washington, DC 20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.51 and 983.151.
Project/Activity: Housing Authority of Maricopa County (HAMC),
Peoria, AZ.
Nature of Requirement: The first regulation details the
procedures for selecting owner proposals; the second regulation
addresses the requirements for rehabilitated and newly constructed
units.
Granted By: Jemine A. Bryon, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: August 7, 2014.
Reason Waived: These regulations were waived in order to
facilitate the resolution and transfer of voucher units related to
Apache Trails.
Contact: Becky Primeaux, 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. 2014-30070 Filed 12-22-14; 8:45 am]
BILLING CODE 4210-67-P