[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64545-64549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25390]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6164-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2019
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, 2019 and ending on September 30, 2019.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Acting Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (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 2019.
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
[[Page 64546]]
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, 2019 through September 30, 2019. 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 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 2019) before the next report is published (the fourth quarter of
calendar year 2019), HUD will include any additional waivers granted
for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: November 15, 2019.
J. Paul Compton Jr.,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2019 Through
September 30, 2019
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 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Contra Costa County, California, requested a
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance
established by local public housing agency (PHA) for a HOME-assisted
project--Antioch Scattered Site.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects.
Granted By: David C. Woll Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 30, 2019.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Oakland County, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of utility allowance established
by local public housing agency (PHA) for a HOME-assisted project--
3628 San Pablo Avenue.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed.
Granted By: David C. Woll Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: August 27, 2019.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: City of San Buenaventura, California,
requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility
allowance established by local public housing agency (PHA) for a
HOME-assisted project--Westview Village Phase 1.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects.
Granted By: David C. Woll Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 10, 2019.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner to establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: City of Santa Rosa, California, requested a
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance
established by local public housing agency (PHA) for a HOME-assisted
project--Parkwood Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects.
Granted By: David C. Woll Jr., Principal Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: September 10, 2019.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner to
[[Page 64547]]
establish and implement different utility allowances for HOME-
assisted units and non-HOME assisted units in a project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202)
708-2684.
Regulation: 75 FR 64328, II.B.3.a.
Project/Activity: The State of West Virginia--Riverview at
Clendenin Building.
Nature of Requirement: The Housing and Economic Recovery Act of
2008 (HERA) requires, to the maximum extent practicable and for the
longest feasible term, the sale, rental or redevelopment of
abandoned and foreclosed Neighborhood Stabilization Program (NSP)-
assisted homes and residential properties remain affordable to
individuals or families whose incomes do not exceed 120 percent of
area median income. Section II.B.3.a of the NSP Federal Register
Notice implementing HERA requires grantees to adopt, at a minimum,
the HOME program standards in 24 CFR part 92 to comply with the
continued affordability requirement.
Granted By: David C. Woll, Jr., Principal Assistant Secretary
for Community Planning and Development.
Date Granted: April 2, 2019.
Reason Waived: The Riverview at Clendenin Building was
redeveloped using NSP funds, historic tax credits and developer
equity to produce 18 housing units for seniors on the first and
third floors and a health clinic on the second floor. The project is
in the 500-year floodplain and was greatly impacted by a 1,000-year
flood event on June 23, 2016. The first-floor units and building
mechanicals were destroyed by water and mud that rose up to just
below the second floor. The State requested the waiver because the
State determined it was not feasible to continue to use the first
floor for housing. The waiver allows the State of West Virginia to
redevelop the first floor of the building for non-residential uses
while returning the second and third floors to their intended uses.
The state will explore options for developing replacement housing
units at a different site to replace the lost first-floor units.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Community Planning and Development, U.S. Department of
Housing and Urban Development, 451 Seventh Street SW, Room 7282,
Washington, DC 20410, telephone (202) 402-4548.
Regulation: 24 CFR 570.207(b)(4).
Project/Activity: Extension of waiver for emergency grant
payments for Santa Barbara County, CA.
Nature of Requirement: The regulations at 24 CFR 570.207(b)(4)
prohibit the use of CDBG funds for income payments except in the
case of emergency grant payments made for up to three consecutive
months to a service provider, respectively.
Granted By: David C. Woll, Jr., Principal Assistant Secretary
for Community Planning and Development.
Date Granted: September 9, 2019.
Reason Waived: The Santa Barbara County wildfires and subsequent
mudslides caused substantial damage to neighborhoods throughout the
county. A Presidentially declared disaster declaration (FEMA-4353-
DR) was issued on October 10, 2017. The county requested an
extension of its August 20, 2018, waiver of the limitation on
emergency grant payments to facilitate recovery and assist
individuals and families affected by the disaster. The waiver
extends emergency grant payments to individuals for up to six
consecutive months. The waiver granted will allow the county to
expedite recovery efforts for low and moderate income residents
affected by the wildfires and subsequent mudslides; pay for
additional support services for affected individuals and families,
including, but not limited to, food, health, employment, and case
management services to help county residents impacted by the fires
and enable the county to pay for the basic daily needs of
individuals and families affected by the fires on an interim basis.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-
4548.
Regulation: 24 CFR 91.105(c)(2) and (k).
Project/Activity: San Bernardino County, CA.
Nature of Requirement: 24 CFR 91.105(c)(2) requires the citizen
participation plan to provide residents with reasonable notice and
an opportunity to comment on substantial amendments to the
consolidated plan. The citizen participation plan must state how
reasonable notice and an opportunity to comment will be given and
require a 30-day public comment period prior to the implementation
of a substantial amendment. 24 CFR 91.105(k) requires the grantee to
follow its citizen participation plan.
Granted By: David C. Woll, Jr., Principal Assistant Secretary
for Community Planning and Development.
Date Granted: September 10, 2019.
Reason Waived: San Bernardino County earthquakes and subsequent
aftershocks caused substantial damage to Trona, an unincorporated
community located in San Bernardino County. An Emergency Management
declaration (FEMA-3415-EM) was issued on July 8, 2019. The waiver
reduces the public comment period from thirty to seven days and
allows the county of San Bernardino to determine what constitutes
reasonable notice to comment on the proposed amendments to its
Consolidated Plan. These waived CDBG requirements allow the county
to expedite recovery efforts for low- and moderate-income residents
affected by the earthquakes and aftershocks.
Contact: Steve Johnson, Director, Entitlement Communities
Division, Department of Housing and Urban Development, 451 Seventh
Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-
4548.
Regulation: 24 CFR 91.105(c)(2) requires the citizen
participation plan to provide residents with reasonable notice and
an opportunity to comment on substantial amendments to the
consolidated plan. The citizen participation plan must state how
reasonable notice and an opportunity to comment will be given and
require a 30-day public comment period prior to the implementation
of a substantial amendment. 24 CFR 91.105(k) requires the grantee to
follow its citizen participation plan.
Project/Activity: City and County of Honolulu.
Nature of Requirement: 24 CFR 91.105(c)(2) and (k) require a 30-
day public comment period.
Granted By: David C. Woll, Jr., Principal Assistant Secretary
for Community Planning and Development.
Date Granted: September 13, 2019.
Reason Waived: The Honolulu floods caused substantial damage to
neighborhoods throughout the island of Oahu. A Presidentially
declared disaster declaration (FEMA-4365-DR) was issued on May 8,
2018. The city and county requested a waiver for the CDBG public
comment period from thirty to five days to expedite recovery and
assist individuals and families affected by the disaster.
Contact: Steve Johnson, Director, Entitlement Communities
Division, 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 219.220(b).
Project/Activity: Gloria Dei Manor/Augustana Lutheran Homes, FHA
Project Number 092-SH128, Litchfield, MN. Augustana Lutheran Homes,
Incorporated (Owner) seeks approval to defer repayment of the
Flexible Subsidy Operating Assistance Loan on the subject project.
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 Properties, 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: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: August 8, 2019.
Reason Waived: The Owner requested and was granted waiver of the
requirement to repay the Flexible Subsidy Operating Assistance Loan
in full when it became due. Deferring the loan payment will preserve
the affordable housing resource for an additional 30 years through
the execution and recordation of a Rental Use Agreement.
Contact: Nathaniel Johnson, Senior Account Executive, Department
of Housing and Urban Development, 451 Seventh Street SW, Washington,
DC 20410, telephone (202) 402-5156.
Regulation: 24 CFR 219.220(b).
[[Page 64548]]
Project/Activity: Memorial Apartments, FHA Project Number 052-
35724, Baltimore, MD. Memorial Development Partners, Limited
Partnership (Owner) seeks approval to defer repayment of the
Flexible Subsidy Operating Assistance Loan on the subject project.
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 Properties, 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: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: September 3, 2019.
Reason Waived: The Owner requested and was granted waiver of the
requirement to repay the Flexible Subsidy Operating Assistance Loan
in full when it became due. Deferring the loan payment will preserve
the affordable housing resource for an additional 40 years through
the execution and recordation of a Rental Use Agreement.
Contact: Cindy Bridges, Senior Account Executive, Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20410-8000, telephone (202) 402-2603.
Regulation: 24 CFR 219.220(b)(1995).
Project/Activity: Presbyterian Apartments, FHA Project Number
034-SH006, Harrisburg, PA. The owner request to defer repayment of
the Flexible Subsidy loan on the subject project.
Nature of Requirement: The regulation at 24 CFR
219.220(b)(1995), which governs the repayment 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: Brian Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 8, 2019.
Reason Waived: Pursuant to the authority contained in 24 CFR
5.110, good cause has been shown that it is in the public's best
interest to grant this waiver.
Contact: Mirline Labissiere, Transaction Manager, Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20410, telephone (202) 402-6207.
Regulation: 24 CFR 219.220(b)(1995).
Project/Activity: Jefferson Towers Apartments, FHA Number: 047-
SH018, Muskegon, Michigan. The owner request to defer repayment of
the Flexible Subsidy loan on the subject project.
Nature of Requirement: The regulation at 24 CFR
219.220(b)(1995), which governs the repayment 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: Brian Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 8, 2019.
Reason Waived: Pursuant to the authority contained in 24 CFR
5.110, good cause has been shown that it is in the public's best
interest to grant this waiver.
Contact: Mirline Labissiere, Transaction Manager, Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20410, telephone (202) 402-6207.
Regulation: 24 CFR 232.7.
Project/Activity: Oak Hills Terrace, FHA #113-22278, is an
Assisted Living/Memory Care facility. The facility does not meet the
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations. The
project location is Tyler, TX.
Nature of Requirement: The regulation at 24 CFR 232.7 mandates
in a board and care home or assisted living facility that not less
than one full bathroom must be provided for every four residents.
Also, the bathroom cannot be accessed from a public corridor or
area.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: August 9, 2019.
Reason Waived: The project currently has a resident to shower
ratio of 7:1. The memory care residents require assistance with
bathing. These residents are housed in units in a secure, lock-down
area, with a half-bathroom each and access to the shower rooms
through a hallway. The project meets the State of Texas's licensing
requirements for bathing and toileting facilities.
Contact: Nicole M. Johnson, Operations, Office of Healthcare
Programs, Office of Housing, Department of Housing and Urban
Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone
(303) 672-5401.
Regulation: 24 CFR 232.7.
Project/Activity: The Retreat and Retreat Gardens, FHA #116-
22026, is an Assisted Living/Memory Care facility. The facility does
not meet the requirements of 24 CFR 232.7 ``Bathroom'' of FHA's
regulations. The project location is Rio Rancho, New Mexico.
Nature of Requirement: The regulation at 24 CFR 232.7 mandates
in a board and care home or assisted living facility that not less
than one full bathroom must be provided for every four residents.
Also, the bathroom cannot be accessed from a public corridor or
area.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: August 9, 2019.
Reason Waived: The project currently has a resident to shower
ratio of 5:1. The memory care residents require assistance with
bathing. These residents are housed in units in a secure, lock-down
area, with a half-bathroom each and access to the shower rooms
through a hallway. The project meets the State of New Mexico's
licensing requirements for bathing and toileting facilities.
Contact: Nicole M. Johnson, Operations, Office of Healthcare
Programs, Office of Housing, Department of Housing and Urban
Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone
(303) 672-5401.
Regulation: 24 CFR 266.410(e).
Project/Activity: Colorado Housing and Finance Agency (CHFA),
Denver, Colorado, no project number. The Agency have requested
approval of a one-year extension of the waiver through July 31,
2020.
Nature of Requirement: The 24 CFR 266.410(e), which requires
mortgages insured under the 542(c) Housing Finance Agency Risk
Sharing Program to be fully amortized over the term of the mortgage.
The waiver would permit CHFA to use balloon loans that would have a
minimum term of 17 years and a maximum amortization period of 40
years for the projects identified in the ``Multifamily Pipeline
Projects''.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: July 12, 2019.
Reason Waived: The extension would provide the CHFA additional
time to process the financial transactions. CHFA would offer Balloon
Loans which have become a standard product in the affordable housing
industry. Granting this request will reduce Colorado Housing and
Finance Agency's cost of capital, which should translate into lower
rates for their borrowers, and will support their preservation
efforts.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-8000, telephone (202) 402-
5693.
Regulation: 24 CFR 891.805.
Project/Activity: Forest Towers-Metro, FHA Number 075-EH051, and
Meadows Apartments, FHA Number 075-EH354, Milwaukee, Wisconsin. The
Steele Lakeshore, Limited Partnership (Proposed Owner) seeks
approval of the single-asset entity requirement that will allow the
projects to participate in Low-Income Housing Tax Credits (LIHTC)
granted by the Wisconsin Housing and Economic Development Authority.
The projects will be substantially rehabilitated and combined for
financing purposes as a single property.
Nature of Requirement: The regulation at 24 CFR 891.805, Subpart
F ``For-Profit Limited Partnerships and Mixed-Finance Development
for Supportive Housing for the Elderly or Persons with
Disabilities.'' Specifically, that provision, 24 CFR 891.805
``Definitions,'' which defines the term ``Mixed-finance owner'' as
``. . . a single-asset, for-profit limited partnership of which a
private nonprofit organization is the sole general partner.''
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: August 27, 2019.
Reason Waived: The Owner requested and was granted waiver of the
single-asset entity
[[Page 64549]]
requirement at 24 CFR 891.805 to allow the projects to be owned by a
single for-profit Limited Partnership to facilitate tax credit
financing. Granting this waiver allows the projects to participate
in LIHTC financing and meet the Department's criteria with respect
to the refinancing and rehabilitation.
Contact: Crystal Martinez, Senior Account Executive, Department
of Housing and Urban Development, 451 Seventh Street SW, Washington,
DC 20410-8000, telephone (202) 402-3718.
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(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of San Lorenzo (RQ037).
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: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: August 30, 2019.
Reason Waived: The HA requested relief from compliance for
additional time to submit its financial reporting requirements for
the fiscal year end (FYE) of June 30, 2018. The HA is still
recovering from damages resulting from Hurricane Maria that were
compounded by Hurricane Dorian, which began September 5, 2019. The
circumstances preventing the HA from submitting its FYE 2018 audited
financial data by the due date was acceptable. Accordingly, the HA
has until August 31, 2019, to submit its audited financial
information to the Department. The approval of the Financial
Assessment Subsystem (FASS) audited financial submission only
permits the extension for filing. The HA is required to contact the
HUDOIG Single Audit Coordinator at
[email protected] for Single Audit extensions
applicable to the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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) 475-7908.
Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Puerto Rico Department of Housing (RQ901).
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: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: August 30, 2019.
Reason Waived: The HA requested relief from compliance for
additional time to submit its financial reporting requirements for
the fiscal year end (FYE) of June 30, 2018. The HA is still
recovering from damages resulting from Hurricane Maria that were
compounded by Hurricane Dorian, which began September 5, 2019. The
circumstances preventing the HA from submitting its FYE 2018 audited
financial data by the due date was acceptable. Accordingly, the HA
has until September 30, 2019, to submit its audited financial
information to the Department. The approval of the Financial
Assessment Subsystem (FASS) audited financial submission only
permits the extension for filing. The HA is required to contact the
HUDOIG Single Audit Coordinator at
[email protected] for Single Audit extensions
applicable to the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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) 475-7908.
Regulation: 24 CFR 983.503(a)(3).
Project/Activity: Housing Catalyst in Fort Collins, CO,
requested a waiver of 24 CFR 983.503(a)(3) to set payment standards
specific to its HUD-VASH program for one-bedroom and two-bedroom
units.
Nature of Requirement: The regulation 24 CFR 983.503(a)(3)
states that the PHA must establish one payment standard for each
unit size in its program.
Granted By: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: July 19, 2019.
Reason Waived: Housing Catalyst has demonstrated that a high
percentage of HUD-VASH voucher recipients were unsuccessful in
finding a unit due to extremely low vacancy rates, increasing rents,
and scarcity of one-bedroom units. The higher payment standards for
HUD-VASH participants will help participants find housing in a
reasonable timeframe.
Contact: Becky Primeaux, 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 985.101(a).
Project/Activity: Cozad Housing Authority in Dawson, Nebraska,
requested a waiver of 24 CFR 985.101(a) for HUD to approve their
SEMAP certification submission after the end of the fiscal year.
Nature of Requirement: The regulation at 24 CFR 985.101(a)
states that the PHA must submit the HUD-required SEMAP certification
form within 60 calendar days after the end of the fiscal year.
Granted By: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: July 23, 2019.
Reason Waived: Due to unexpected staffing and system related
issues, CHA was not able to submit their SEMAP before the deadline.
Approval of this waiver prevents the waste of staff resources and
funding needed to complete corrective action plans and conduct site
visits at an agency that does not have compliance related issues.
Contact: Becky Primeaux, 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 983.301(f)(2)(ii).
Project/Activity: The Housing Authority of the City of
Buenaventura (HACSB) in Ventura, California, requested a waiver of
24 CFR 983.301(f)(2)(ii) to establish a site-specific utility
allowance for all project-based voucher units at Westview Village 1.
Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii)
states that the PHA may not establish or apply different utility
allowance amounts for the project-based voucher (PBV) program. The
same PHA utility allowance schedule applies to both the tenant-based
and PBV programs.
Granted By: R. Hunter Kurtz, Assistant Secretary for Public and
Indian Housing.
Date Granted: July 31, 2019.
Reason Waived: HACSB has demonstrated that the utility allowance
provided under the HCV Program would discourage conservation and
ultimately lead to inefficient use of HAP funds at Westview Village
I.
Contact: Becky Primeaux, 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.
[FR Doc. 2019-25390 Filed 11-21-19; 8:45 am]
BILLING CODE 4210-67-P