[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Page 10146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03780]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5851-N-01]
Rental Assistance Demonstration (RAD)--Alternative Requirements
or Waivers: Waiving and Specifying Alternative Requirements for the 20
Percent Portfolio Cap on Project-Basing and Certain Tenant Protection
and Participation Provisions for the San Francisco Housing Authority's
RAD Projects
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, and Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The RAD statute gives HUD authority to establish waivers and
alternative requirements. Pursuant to this authority, HUD has waived,
to date, the statutory 20 percent cap on project-basing of a PHA's
tenant-based voucher funding for RAD-converted units. This notice
advises that HUD is waiving for the San Francisco Housing Authority
(SFHA), to a limited extent and subject to certain conditions, the 20
percent cap on project-basing and certain other provisions governing
project-based assistance with respect to an identified portfolio that
includes RAD funding. These waivers are in response to plans submitted
by SFHA to address capital needs of the portfolio and preserve
available affordable housing for the SFHA's jurisdiction. Without this
waiver, SFHA states that its plan for improving its affordable housing
portfolio with RAD would not be workable, and the conversion of units
under RAD would not be effective for its purpose.
DATES: Effective Date: March 9, 2015.
FOR FURTHER INFORMATION CONTACT: Janet Golrick, Acting Director of the
Office of Recapitalization, Office of Housing, Department of Housing
and Urban Development, 451 7th Street SW., Washington, DC 20410-7000;
telephone number 202-708-0001 (this is not a toll-free number).
Hearing- and speech-impaired persons may access these numbers through
TTY by calling the Federal Relay Service at 800-877-8339 (this is a
toll-free number).
Background and Action
The RAD statute (Pub. L. 112-55, approved November 18, 2011) gives
HUD authority to waive or specify alternative requirements for, among
other things, section 8(o)(13) of the United States Housing Act of 1937
(the 1937 Act). In order to utilize this authority, the RAD statute
requires HUD to publish by notice in the Federal Register any waiver or
alternative requirement no later than 10 days before the effective date
of such notice. This notice meets this publication requirement.
On July 2, 2013, notice 2012-32 Rev-1(as corrected by the technical
correction issued February 6, 2014) (``the revised notice'') superseded
PIH Notice 2012-32. The revised notice is found at the following URL:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/publications/notices/2012.
The revised notice at section 1.9, paragraph F, entitled
``Portfolio Awards,'' also sets forth a new option of a ``portfolio
award,'' which allows PHAs to apply for RAD conversions affecting a
group of projects. This type of award is meant to enable PHAs to create
a comprehensive revitalization plan for multiple buildings they
oversee. SFHA has submitted an application for a portfolio award under
RAD.
The revised notice contains a waiver of 8(o)(13)(B) and other
sections of the 1937 Act. Section 1.6, ``Special Provisions Affecting
Conversions to PBVs,'' at paragraph A.1, allows a project that converts
from one form of rental assistance to another under RAD to exceed the
20 percent project-basing cap. Section 1.6.A.2 allows sets alternate
requirements for the percent limitation on the number of units in a
project that may receive PBV assistance. Section 1.6.C. sets forth
alternative requirements for resident rights and participation.
(Collectively, the waivers and alternative requirements set forth in
Sections 1.6.A.1, 1.6.A.2 and 1.6.C are referred to herein as the
``Applicable Alternative Tenanting Requirements.'')
As part of its application for a portfolio award, SFHA's
comprehensive revitalization planning contemplates not only the
conversion of assistance pursuant to RAD, but also to supplement such
converted projects by project-basing additional voucher assistance.
SFHA has submitted a waiver request that seeks permission to apply the
Applicable Alternative Tenanting Requirements to all units in those
projects with assistance converted under RAD. HUD has granted that
request, subject to certain conditions which SFHA has agreed to carry
out.
Dated: February 13, 2015.
Jemine A. Bryon,
Acting Assistant Secretary for Public and Indian Housing.
Biniam T. Gebre,
Acting Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2015-03780 Filed 2-24-15; 8:45 am]
BILLING CODE 4210-67-P