81 FR 88262 - Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2016

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range		88262-88269
FR Document		2016-29354
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, 2016, and ending on September 30, 2016.
Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88262-88269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29354]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5946-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2016

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, 2016, and ending on September 30, 2016.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Ariel Pereira, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500, 
telephone 202-708-3055 (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 2016.

SUPPLEMENTARY INFORMATION: 
    Section 106 of the HUD Reform Act added a new section 7(q) to the 
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), 
which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2016 through September 30, 2016. 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 2016) before the next report is published (the fourth quarter of 
calendar year 2016), 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 1, 2016.
Tonya T. Robinson,
Acting General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2016 Through 
September 30, 2016

    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 Fair Housing and 
Equal Opportunity
III. Regulatory Waivers Granted by the Office of Housing
IV. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 58.22(a).
    Project/Activity: The Lombardi Project is a residential and 
retail mixed-use project at

[[Page 88263]]

371 North Avenue in New Rochelle, New York.
    Nature of Requirement: Funds may not be spent prior to the 
completion of the environmental review process to avoid choice-
limiting actions. The regulation allows for a waiver of that 
requirement if the grantee can demonstrate good cause and no harm.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: July 6, 2016.
    Reason Waived: The grantee met the regulatory requirements for 
the waiver and demonstrated good cause for its granting.
    Contact: James M. Potter, Environmental Planning Division, 
Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7212, Washington, DC 20410, 
telephone (202) 402 4610.

     Regulation: 24 CFR 58.22.
    Project/Activity: Former Phenix Elementary School, City of West 
Des Moines, Iowa.
    Nature of Requirement: The regulation provides that ``Neither a 
recipient nor any participant in the development process, including 
public or private nonprofit or for-profit entities, or any of their 
contractors, may commit HUD assistance under [the State CDBG-DR 
grant program] on an activity or project until HUD or the state has 
approved the recipient's Request for Release of Funds (RROF) and the 
related certification from the responsible entity. In addition, 
until the RROF and the related certification have been approved, 
neither a recipient nor any participant in the development process 
may commit non-HUD funds on or undertake an activity or project 
under [the State CDBG-DR grant program] if the activity or project 
would have an adverse environmental impact or limit the choice of 
reasonable alternatives.'' In this situation, the City, as grant 
recipient, committed non-HUD funds to acquire real property, the 
former Phenix Elementary school property, subsequent to the award of 
a State CDBG-DR grant but prior to the City receiving an approved 
Request for Release of Funds and Certification (RROF) from the 
State.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: August 9, 2016.
    Reason Waived: The violation is regulatory in nature, not 
statutory. Implementation of the proposed project is consistent with 
HUD's mission and will advance HUD program goals related to 
community development, economic development and support of the 
city's affordable housing supply. The project will benefit the 
community by preserving a historic landmark, the Phenix Elementary 
School. The City has agreed to change its processes and procedures 
and to build its internal capacity to ensure future violations do 
not occur. Granting a waiver should not result in an unmitigated 
adverse environmental impact provided the City implements the 
conditions associated with the waiver approval.
    Contact: Paul F. Mohr, Regional Environmental Officer, Community 
Planning and Development, Department of Housing and Urban 
Development, 400 State Avenue, Room 200, Kansas City, KS 66101, 
telephone (913) 551 5818.

     Regulation: 24 CFR 92.500(d)(1)(C)--HOME Expenditure 
Requirement.
    Project/Activity: The Commonwealth of Puerto Rico requested a 
waiver of 24 CFR 92.500(d)(1)(C), which requires that a 
participating jurisdiction expend its annual allocation of HOME 
funds within five years after HUD notifies the participating 
jurisdiction that HUD has executed the jurisdiction's HOME 
Investment Partnership Agreement. The Commonwealth requested this 
waiver to provide it additional time to expend $380,798 of HOME 
funds.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's HOME Investment Trust Fund that are not 
expended within five years of HUD's notification to the 
participating jurisdiction that HUD has executed the HOME grant 
agreement. The Commonwealth failed to disburse $380,798 of HOME 
funds by its expenditure deadline of July 31, 2016.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: August 22, 2016.
    Reason Waived: The Commonwealth repaid $5,126,234.53 to its 
local HOME account with non-federal funds to resolve HUD OIG audit 
findings that it expended HOME funds for ineligible purposes. While 
the Commonwealth made significant progress by disbursing over $25 
million in HOME funds between August 1, 2015 and July 31, 2016, the 
size and timing of the repayments did not afford it sufficient time 
to identify new projects for the entire amount of repaid funds. HUD 
granted the waiver to permit the Commonwealth additional time to 
expend funds on new affordable housing projects for low-income 
residents.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 91.15(a)(2)--Consolidated Plan 
Requirements.
    Project/Activity: American Samoa, the Commonwealth of Puerto 
Rico, and the states of Arkansas, California, New Hampshire, and 
Texas requested a waiver of 24 CFR 91.15(a)(2) of the regulation, 
which requires each grantee to submit its Housing Trust Fund (HTF) 
allocation plan to HUD no later than August 16, 2016. The grantees 
requested this waiver to provide additional time to develop their 
HTF allocation plans and conduct the required citizen participation 
process.
    Nature of Requirement: As a condition of receiving funding, each 
HTF grantee is required to submit an HTF allocation plan to HUD, the 
requirements of which are incorporated into the consolidated plan 
regulations under 24 CFR part 91. The provisions at 24 CFR 
91.15(a)(2) require that each grantee submit its HTF allocation plan 
to HUD no later than August 16, 2016.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: September 6, 2016.
    Reason Waived: FY 2016 is the first year in which funding is 
being made available for the HTF program. HUD published CPD Notice 
16-07 Guidance for HTF Grantees on Fiscal Year 2016 Housing Trust 
Fund (HTF) Allocation Plans on April 28, 2016, and the HTF 
allocation amounts in the Federal Register on May 5, 2016. Because 
some grantees did not have sufficient time to develop their HTF 
allocation plans and conduct the required citizen participation 
process, HUD waived the August 16, 2016 deadline and extended the 
deadline for submission of 2016 HTF allocation plans as follows:

------------------------------------------------------------------------
               Grantee Name                         New Deadline
------------------------------------------------------------------------
American Samoa                              August 31, 2016.
Commonwealth of Puerto Rico                 November 14, 2016.
State of Arkansas                           September 30, 2016.
State of California                         September 30, 2016.
State of New Hampshire                      September 14, 2016.
State of Texas                              October 17, 2016.
------------------------------------------------------------------------

    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410, telephone (202) 708-2684.

II. Regulatory Waivers Granted by Office of Fair Housing and Equal 
Opportunity

    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 115.305(a).
    Project/Activity: Fair Housing Assistance Program (FHAP); 2016 
Enforcement Fund.
    Nature of Requirement: 24 CFR 115.305(a) allows grants of 
Special Enforcement Efforts (SEE) funds to participants in the Fair 
Housing Assistance Program, but limits the award to 20 percent of 
the participant's total FHAP cooperative agreement for the previous 
contract year.
    Granted By: Assistant Secretary Gustavo Velazquez.
    Date Granted: April 29, 2016.
    Reason Waived: The waiver allows FHEO to provide certain FHAP 
agencies with SEE funds above the amount set forth in the regulation 
in order to support ongoing, protracted, or complex litigation 
associated with the enforcement of their substantially equivalent 
fair housing laws.
    Contact: Joseph A. Pelletier, Director, Fair Housing Assistance 
Program, Fair Housing Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW., Room 5206, Washington, DC, 
20410, telephone (202) 402-2126.

III. 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

[[Page 88264]]

the contact person that immediately follows the description of the 
waiver granted.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: R.H. Floyd Memorial Apartments, FHA Project 
Number 061-1352, Summerville, Georgia. The City of Summerville, GA 
received a Commitment to Enter into Housing Assistance Payments 
Contract (CHAP) to convert its entire public housing unit inventory 
to project based Section 8 rental housing. The lender, Bellwether 
Enterprise is seeking FHA financing to renovate the 223 units.
    Nature of Requirement: The 24 CFR part 200.73(c) which, states 
that a site must contain no less than 5 rental dwelling units. 
Section 3.1.CC of the MAP Guide permits a project with two or 
noncontiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 5, 2016.
    Reason Waived: The waiver was granted to allow the City of 
Summerville, GA to convert its entire public housing unit inventory 
to project based Section 8 rental housing. Six of the parcels have 
less than the minimum of five required units. Since the remaining 17 
parcels are in compliance, the intent of 24CFR 200.73(c) is 
essentially fulfilled.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 200.73(c).
    Project/Activity: The Heritage Village Apartments, FHA Project 
Number 042-35702, Toledo, Ohio. The subject property was initially 
developed and insured under Section 221(d)(4) of the National 
Housing Act under the project name of Vistula Heritage Village. The 
property has a project-based Section 8 HAP contract that covers all 
250 units and consists of 21 separate parcels of which all but seven 
have more than five units per site.
    Nature of Requirement: The 24 CFR part 200.73(c) which, states 
that a site must contain no less than 5 rental dwelling units. 
Section 3.1.O.l.CC of the MAP Guide permits a project with two or 
more contiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 22, 2016.
    Reason Waived: The waiver was granted to allow much needed 
preservation in an historic section of Toledo. The property has been 
managed as one project since inception; therefore, the intent of 24 
CFR 200.73(c) is essentially fulfilled. The waiver allows Heritage 
Village Apartments to preserve and maintain affordable rental 
housing for low income families
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Golden Spike Apartments, FHA Project Number 
101-44026, Denver, Colorado. Colorado Veteran and Retired 
Railroaders, 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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 7, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Marilyn Carlson, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6156, Washington, DC 20410, telephone (202) 402-4744.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Cumberland Court Apartments, FHA Project 
Number 075-44039T, Oshkosh, Wisconsin. Cumberland Court Housing 
Commission, 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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 26, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Valencia Hare, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6180, Washington, DC 20410, telephone (202) 402-6103.

     Regulation: 24 CFR 219.220(b)
    Project/Activity: Golden Spike Apartments, FHA Project Number 
101-44026, Denver, Colorado. Colorado Veteran and Retired 
Railroaders, 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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing, H
    Date Granted: July 7, 2016
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Marilyn Carlson, Senior Account Executive, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone: (202) 402-4744.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Manchester Knolls Cooperative and Manchester 
Knolls II Cooperative, FHA Project Numbers 071-44073 and 071-44075, 
North Chicago, Illinois. Manchester Knolls Cooperative, Incorporated 
(owner) seeks approval to defer repayment of the Flexible Subsidy 
Operating Assistance Loans on the subject projects.
    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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing, H.
    Date Granted: September 14, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loans in full when they became due. Deferring the loan payments will 
preserve these affordable housing resources for an additional 35 
years through the execution and recordation of a Rental Use 
Agreement.
    Contact: Crystal Martinez, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6174, Washington, DC 20410, telephone (202) 402-3718.

     Regulation: 24 CFR 232.7.
    Project/Activity: CountryHouse of Grand Island is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Grand Island, NE.
    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.

[[Page 88265]]

    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: August 25, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
6.75/1. The memory care residents need assistance with bathing. The 
project meets the State of Nebraska's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: Devonshire Retirement Village is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Lapeer, MI.
    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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 21, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
7:1. The memory care residents need assistance with bathing. The 
project meets the State of Michigan's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: White Pines of Fridley is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Fridley, MN.
    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: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 27, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
7:1. The memory care residents need assistance with bathing. The 
project meets the State of Minnesota's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.1005.
    Project/Activity: Stygler Commons and Portage Trail Village are 
two existing Section 202 projects that received Assisted Living 
Conversion Program grants to convert the projects to assisted living 
facilities. All operating licenses and accounts receivable 
associated with revenue generated as a result of the care provided 
at these two projects were pledged as collateral for a bond 
issuances used the finance the projects. The projects are located in 
Gahanna and Cuyahoga Falls, Ohio.
    Nature of Requirement: The regulation at 24 CFR 232.1005 
mandates that all accounts deriving from the operation of the 
property, including operator accounts and including all funds 
received from any source or derived from the operation of the 
facility, are project assets subject to control under the insured 
mortgage loan's transactional documents, including, without 
limitation, the operator's regulatory agreement.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 21, 2016.
    Reason Waived: The waiver of the requirement, in part, is 
required to allow the projects to refinance. The bond trustee agreed 
to release the licenses associated with the projects from the 
collateral securing the bond obligation. However, all accounts 
receivable associated with the revenue generated as a result of the 
care provided continue to secure the bond obligation. All other 
accounts will be pledged in accordance with the Department's 
requirements. The service provider for the two projects agreed to 
provide a corporate guarantee to guarantee both loans.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 242.21.
    Project/Activity: LRGHealthcare (LRG) is a not-for-profit 
501(c)(3) organization that operates two facilities in New 
Hampshire: Lakes Region General Hospital, a 137-bed Sole Community 
Hospital in Laconia, NH, and Franklin Regional Hospital, a 25-bed 
acute care critical access hospital that has a 10-bed psychiatric 
receiving facility, in Franklin, NH.
    Nature of Requirement: The regulation mandates that application 
fees accompanying Section 242 applications cannot be refunded, in 
whole or in part.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: August 3, 2016.
    Reason Waived: KeyBanc Capital Markets, Inc., on behalf of LRG, 
submitted an application (and an application fee in the amount of 
$204,635.50) for a Section 223(f) loan in May 2015. After a brief 
review of the application, the Office of Hospital Facilities (OHF) 
determined that the application could not be approved. Instead, the 
Lender submitted a request for an interest rate reduction, which 
reduced the interest rate from 6.38% to 3.7%. This financing closed 
in September 2015. Typically application fees are collected to 
offset the resources expended to process an application, but HUD 
expended no resources in evaluating LRG's application. The refund 
will help improve LRG's cash position.
    Contact: Shelley M. McCracken-Rania, Senior Financial Analyst, 
Office of Healthcare Programs, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street SW., Room 2247, 
Washington, DC 20410, telephone (202) 402-5366.

     Regulation: 24 CFR 266.200(c)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Equity Take-Out, Rhode Island Housing Mortgage 
Corporation (Rhode Island Housing).
    Nature of Requirement: 24 CFR 266.200(c)(2) HUD's regulation at 
24 CFR 266.200(c)(2) allows existing projects to be refinanced if 
certain criteria are met. If the property is subject to an HFA 
financed loan to be refinanced and such refinancing will result in 
the preservation of affordable housing, refinancing of these 
properties is permissible if project occupancy is not less than 93 
percent (to include consideration of rent in arrears), based on the 
average occupancy in the project over the most recent 12 months, and 
the mortgage does not exceed an amount supportable by the lower of 
the unit rents being collected under the rental assistance agreement 
or the unit rents being collected at unassisted projects in the 
market area that are similar in amenities and location to the 
project for which insurance is being requested. The HUD-insured 
mortgage may not exceed the sum of the existing indebtedness, cost 
of refinancing, the cost of repairs and reasonable transaction costs 
as determined by the Commissioner. If a loan to be refinanced has 
been in default within the 12 months prior to application for 
refinancing, the HFA must assume not less than 50 percent of the 
risk.
    Equity take-outs for existing projects (refinance transactions): 
Permit the insured mortgage to exceed the sum of the total cost of 
acquisition, cost of financing, cost of repairs, and reasonable 
transaction costs or ``equity take-outs'' in refinances of HFA-
financed projects and those outside of HFA's portfolio if the result 
is preservation with the following conditions:
    1. Occupancy is no less than 93% for previous 12 months;
    2. No defaults in the last 12 months of the HFA loan to be 
refinanced;
    3. A 20-year affordable housing deed restriction placed on title 
that conforms to the 542(c) statutory definition;
    4. A Property Capital Needs Assessment (PCNA) must be performed 
and funds escrowed for all necessary repairs, and reserves funded 
for future capital needs; and
    5. For projects subsidized by Section 8 Housing Assistance 
Payment (HAP) contracts: Owner agrees to renew HAP contract(s) for 
20-year term, (subject to appropriations and statutory 
authorization, etc.,), and existing and post-refinance HAP residual 
receipts are set aside to be used to reduce future HAP payments.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 6, 2016.
    Reason Waived: Necessary to effectuate the Federal Financing 
Bank (FFB) Risk Sharing

[[Page 88266]]

Initiative between Housing and Urban Development and the Treasury 
Department/FFB announced in Fiscal Year 2014. The waivers are 
consistent with changes Multifamily is seeking now to the regulation 
and as previously approved in March 2015 for the first 11 HFAs 
participating in the Initiative. Under this Initiative, FFB provides 
capital to participating Housing Finance Agencies (HFAs) to make 
multifamily loans insured under the FHA Multifamily Risk Sharing 
Program.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC, 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Eastern Parkway Apartments, FHA Project Number 
012-57049 V and W, Brooklyn, New York. Eastern Parkway HAP 
Associates, L.P. (Owner) seeks approval to waive the non-competitive 
sale of two HUD-held multifamily mortgages.
    Nature of Requirement: The regulation at 24 CFR 290.30(a), which 
governs the sale of HUD-held mortgages, states that ``[e]xcept as 
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held 
multifamily mortgages on a competitive basis.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 14, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the non-competitive sale of two HUD-held multifamily mortgages. A 
waiver allows the Department to assign the mortgages to the owner's 
new mortgagee to avoid paying mortgage recording tax in the State of 
New York.
    Contact: Susanna Oyewole, Account Executive, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 6168, Washington, DC 20410, telephone (202) 402-6080.

     Regulation: 24 CFR 891.165.
    Project/Activity: Victoria at COMM22, San Diego, CA, Project 
Number: 129-EE036/CA33-S101-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18-months 
from the date of issuance with limited exceptions up to 36 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 13, 2016.
    Reason Waived: Additional time was needed to meet other 
requirements of the State of California and time for the tax credit 
investor to review and approve the loan documents.
    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6138, Washington, DC 20410, telephone (202) 
402-5787.

IV. 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)(1) and 24 CFR 5.801(d)(1).
    Project/Activity: Brown County North East Kansas Community 
Action Program (KS168).
    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: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 21, 2016.
    Reason Waived: Brown County North Kansas Community Action 
Program, NEK-CAP (HA), a Section 8 only entity, requested an 
extension to submit its audited financial data for the fiscal year 
end (FYE) of September 30, 2015, to align with its Housing Choice 
Voucher (HCV) program. The HCV program fiscal year end change was 
granted on December 4, 2015. The additional time would permit the 
auditor necessary time to compile and complete NEK-CAP's required 
audited financial data submission to the Department.
    This FASS audited financial submission waiver (extension) does 
not apply to Single Audit submissions to the Federal Audit 
Clearinghouse; the HA is required to meet the Single Audit due date.
    Contact: Dee Ann R. Walker, Acting 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 902.25.
    Project/Activity: Rayville Housing Authority (LA105).
    Nature of Requirement: Physical inspections are required to 
ensure that public housing units are decent, safe, sanitary and in 
good repair, as determined by an inspection conducted in accordance 
with HUD's Uniform Physical Condition Standards (UPCS). Baseline 
inspections will have all properties inspected regardless of 
previous PHAS designation or physical inspection scores.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Partially Granted: July 11, 2016.
    Reason Waived: Rayville Housing Authority (HA), requested to be 
waived from all physical inspections and physical condition scoring 
of property/units for its fiscal year end (FYE) of September 30, 
2016.
    Pursuant to 24 CFR 5.110, the HA was granted a partial waiver 
for good cause of the PHAS and physical inspection score for its FYE 
September 30, 2016. The HA was advised that the inspection results 
will be for informational purposes and would not serve as the 
inspection of record. The HA was also advised that September 30, 
2017, would be the baseline year to determine its eligibility for 
Small PHA Deregulation and that a new inspection would be required 
upon that date.
    Contact: Dee Ann R. Walker, Acting 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 902.25.
    Project/Activity: Bogalusa Housing Authority (LA024).
    Nature of Requirement: Physical inspections are required to 
ensure that public housing units are decent, safe, sanitary and in 
good repair, as determined by an inspection conducted in accordance 
with HUD's Uniform Physical Condition Standards (UPCS). Baseline 
inspections will have all properties inspected regardless of 
previous PHAS designation or physical inspection scores.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Partially Granted: August 9, 2016.
    Reason Waived: Bogalusa Housing Authority (HA), requested to be 
waived from all physical inspections and physical condition scoring 
of property/units for its fiscal year end (FYE) of September 30, 
2016.
    Pursuant to 24 CFR 5.110, the HA was granted a partial waiver 
for good cause of the PHAS and physical inspection score for its FYE 
September 30, 2016. The HA was advised that the inspection results 
will be for informational purposes and would not serve as the 
inspection of record. The HA was also advised that September 30, 
2017, would be the baseline year to determine its eligibility for 
Small PHA Deregulation and that a new inspection would be required 
upon that date.
    Contact: Dee Ann R. Walker, Acting 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 982.251(c).
    Project/Activity: Department of Housing and Community 
Development in Boston, Massachusetts requested a waiver of 24 CFR 
982.251(c) so that HUD-Veterans Affairs Supportive Housing (VASH) 
families do not have to be placed on the agency's waiting list for 
HUD-VASH project-based voucher (PBV) assistance.
    Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall 
select families to receive PBV assistance from its waiting list.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 29, 2016.
    Reason Waived: This regulation was waived so that the VA could 
refer families to a new veterans' facility in Bedford, Massachusetts 
without placing their names on a waiting list. Having to use a 
waiting list for PBV assistance could delay housing these veterans. 
In addition, HUD-VASH families are not placed on a waiting list for 
tenant-based voucher assistance.
    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 7th Street SW.,

[[Page 88267]]

Room 4216, Washington, DC 20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.251(c).
    Project/Activity: Brockton Housing Authority in Brockton, 
Massachusetts, requested a waiver of 24 CFR 982.251(c) so that HUD-
Veterans Affairs Supportive Housing (VASH) families do not have to 
be placed on the agency's waiting list for HUD-VASH project-based 
voucher (PBV) assistance.
    Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall 
select families to receive PBV assistance from its waiting list.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This regulation was waived so that the VA could 
refer families to a new veterans' facility on the grounds of the 
Brockton VA Medical Center in Brockton, Massachusetts without 
placing their names on a waiting list. Having to use a waiting list 
for PBV assistance could delay housing these veterans. In addition, 
HUD-VASH families are not placed on a waiting list for tenant-based 
voucher assistance.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(c).
    Project/Activity: Howard County Housing Commission (HCHC) in 
Columbia, Maryland, requested a waiver of 24 CFR 982.503(c) so that 
it could receive approval for exception payment standards at 135 
percent of the fair market rents.
    Nature of Requirement: This regulation requires certain 
conditions prior to the approval of area-wide exception payment 
standards which the HCHC did not meet.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 19, 2016.
    Reason Waived: This waiver was granted because in 2016 the 
separate FMRs for Columbia were eliminated and combined with the 
FMRs for the Baltimore Metropolitan Statistical Area which will 
result in an increase in family rents after the tenant protection is 
eliminated.
    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 7th Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulations: 24 CFR 982.503(c)(4)(ii), 982.503(c)(5) 
and 982.503(c)(3)(i)(B).
    Project/Activity: Housing Authority of the City of Lake Charles 
in Lake Charles, Louisiana, requested a waiver of these regulations 
so that it could receive approval for exception payment standards at 
135 percent of the fair market rents (FMR).
    Nature of Requirement: These regulations require: (1) A six-
month wait until payment standards could go above the basic range; 
(2) exception payment standards could not include more than 50 
percent of the FMR area; and (3) approval must be supported by 
statistically representative rental housing survey data.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: These waivers were granted because of a shock to 
the rental housing market caused by increased economic activity in 
the FMR area due to the expansion of the petrochemical industry. 
These corporations leased hundreds of units that were previously 
available for voucher participants.
    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 7th Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(e)(1).
    Project/Activity: Housing Works in Redmond, Oregon, requested a 
waiver of 24 CFR 982.505(e)(1) to enable the housing authority to 
adopt success rate payment standards.
    Nature of Requirement: 24 CFR 982.505(e)(1) states that a public 
housing agency (PHA) may obtain HUD Field Office approval of success 
rate payment standard amounts provided the PHA demonstrates that is 
has established payment standard amounts for all unit sizes in the 
entire PHA's jurisdiction with the fair market rent (FMR) area at 
110 percent of the published FMR for at least the six-month period 
prior to the time the request for success rate payment standards is 
made to HUD.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 9, 2016.
    Reason Waived: One of the counties in the FMR area did not 
warrant success rate payment standards as the non-success rate 
payment standards were adequate in that county.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(4).
    Project/Activity: Vallejo Housing Authority in Vallejo, 
California, requested a waiver of 24 CFR 982.505(c)(4) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rents (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(c)(4) states that if the 
payment standard amount is increased during the term of the housing 
assistance payment contract, the increased payment standard shall be 
used to calculate the monthly housing assistance payment for the 
family beginning at the effective date of the family's first regular 
reexamination on or after the effect date of the increase in the 
payment standard amount.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 25, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share subsequent to the owner's rent increase 
prior to the annual recertification.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority in San 
Francisco, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority in San 
Francisco, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40

[[Page 88268]]

percent of its adjusted income toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the County of Los Angeles 
in Alhambra, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 20, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202)708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of Douglas County in 
Roseburg, Oregon, requested a waiver of 24 CFR 982.505(d) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rents (FMR) as a reasonable accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 21, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Bellingham Whatcom County Housing Authorities 
in Bellingham, Washington, requested a waiver of 24 CFR 982.505(d) 
so that it could approve an exception payment standard amount above 
120 percent of the fair market rents (FMR) as a reasonable 
accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 25, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Vallejo Housing Authority in Vallejo, 
California, requested a waiver of 24 CFR 982.505(d) so that it could 
approve an exception payment standard amount above 120 percent of 
the fair market rent (FMR) as a reasonable accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Arvada Housing Authority in Arvada, 
California, requested a waiver of 24 CFR 982.505(d) so that it could 
approve an exception payment standard amount above 120 percent of 
the fair market rent (FMR) as a reasonable accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 19, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Ithaca Housing Authority in Ithaca, New York, 
requested a waiver of 24 CFR 982.505(d) so that it could approve an 
exception payment standard amount above 120 percent of the fair 
market rent (FMR) as a reasonable accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Boston Housing Authority in Boston, 
Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rent (FMR) as a reasonable accommodation.
    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 no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 30, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and

[[Page 88269]]

Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-
0477.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: The Flint Housing Commission (FHC) in Flint, 
Michigan, requested a waiver of 24 CFR 985.101(a) so that it could 
submit its Section Eight Management Assessment Program (SEMAP) 
certification after the deadline.
    Nature of Requirement: 24 CFR 985.101(a) states a PHA must 
submit the HUD-required SEMAP certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This waiver was granted for the FHC's fiscal year 
ending August 29, 2016. The waiver was approved because of 
circumstances beyond the PHA's control and to prevent additional 
administrative burdens for the PHA and field office.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: Tallahassee Housing Authority (THA) in 
Tallahassee, Florida, requested a waiver of 24 CFR 985.101(a) so 
that it could submit its Section Eight Management Assessment Program 
(SEMAP) certification after the deadline.
    Nature of Requirement: 24 CFR 985.101(a) states a PHA must 
submit the HUD-required SEMAP certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 28, 2016.
    Reason Waived: This waiver was granted for the THA's fiscal year 
ending August 29, 2016. The waiver was approved because of 
circumstances beyond the THA's control and to prevent additional 
administrative burdens for the PHA and field office.
    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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 1000.224.
    Project/Activity: Quechan Housing Authority, Winterhaven, CA 
92283.
    Nature of Requirement: HUD has the general authority under 
Section 101(b)(2) of NAHASDA to waive any IHP requirement when an 
Indian Tribe cannot comply with IHP requirements due to exigent 
circumstances beyond its control, for a period of not more than 90 
days.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 14, 2016.
    Reason Waived: A waiver was requested and granted to extend the 
due date for Quechan Housing Authority's 2017 Indian Housing Plan 
because of exigent circumstances in order to provide flexibility to 
address the needs of the Indian Tribe.
    Contact: Deborah Apsey, GM Specialist, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 1 North 
Central Avenue, Suite 600, Phoenix, Arizona 85004, telephone (602) 
379-7217.

     Regulation: 24 CFR 1006.410(a)(2).
    Project/Activity: Native Hawaiian Housing Block Grant Program 
Annual Performance Report (APR) Honolulu, Hawaii.
    Nature of Requirement: Each fiscal year the Department of 
Hawaiian Home Lands (DHHL) must submit a performance report to HUD 
within 60 days of the end of DHHL's fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: DHHL was granted a 30-day extension to the due 
date to complete the subrecipient monitoring and allow public 
comment on the APR.
    Contact: Claudine Allen, Program Specialist, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 
1132 Bishop Street, Suite 1400, Honolulu, HI 96813, telephone (808) 
457-4674.
[FR Doc. 2016-29354 Filed 12-6-16; 8:45 am]
 BILLING CODE 4210-67-P
Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices 88263

371 North Avenue in New Rochelle, New and Development, Department of Housing Granted By: Harriet Tregoning, Principal
York. and Urban Development, 400 State Avenue, Deputy Assistant Secretary for Community
Nature of Requirement: Funds may not be Room 200, Kansas City, KS 66101, telephone Planning & Development.
spent prior to the completion of the (913) 551 5818. Date Granted: September 6, 2016.
environmental review process to avoid • Regulation: 24 CFR 92.500(d)(1)(C)— Reason Waived: FY 2016 is the first year
choice-limiting actions. The regulation HOME Expenditure Requirement. in which funding is being made available for
allows for a waiver of that requirement if the Project/Activity: The Commonwealth of the HTF program. HUD published CPD
grantee can demonstrate good cause and no Puerto Rico requested a waiver of 24 CFR Notice 16–07 Guidance for HTF Grantees on
harm. 92.500(d)(1)(C), which requires that a Fiscal Year 2016 Housing Trust Fund (HTF)
Granted By: Harriet Tregoning, Principal participating jurisdiction expend its annual Allocation Plans on April 28, 2016, and the
Deputy Assistant Secretary for Community allocation of HOME funds within five years HTF allocation amounts in the Federal
Planning & Development. after HUD notifies the participating Register on May 5, 2016. Because some
Date Granted: July 6, 2016. jurisdiction that HUD has executed the grantees did not have sufficient time to
Reason Waived: The grantee met the jurisdiction’s HOME Investment Partnership develop their HTF allocation plans and
regulatory requirements for the waiver and Agreement. The Commonwealth requested conduct the required citizen participation
demonstrated good cause for its granting. this waiver to provide it additional time to process, HUD waived the August 16, 2016
Contact: James M. Potter, Environmental expend $380,798 of HOME funds. deadline and extended the deadline for
Planning Division, Community Planning and Nature of Requirement: The regulation at submission of 2016 HTF allocation plans as
Development, Department of Housing and 24 CFR 92.500(d)(1)(C) requires HUD to follows:
Urban Development, 451 7th Street SW., reduce or recapture any HOME funds in a
Room 7212, Washington, DC 20410, participating jurisdiction’s HOME Investment Grantee Name New Deadline
telephone (202) 402 4610. Trust Fund that are not expended within five
• Regulation: 24 CFR 58.22. years of HUD’s notification to the American Samoa August 31, 2016.
Project/Activity: Former Phenix participating jurisdiction that HUD has Commonwealth of November 14, 2016.
Elementary School, City of West Des Moines, executed the HOME grant agreement. The Puerto Rico
Iowa. Commonwealth failed to disburse $380,798 State of Arkansas September 30, 2016.
Nature of Requirement: The regulation of HOME funds by its expenditure deadline State of California September 30, 2016.
provides that ‘‘Neither a recipient nor any of July 31, 2016. State of New Hamp- September 14, 2016.
participant in the development process, Granted By: Harriet Tregoning, Principal shire
including public or private nonprofit or for- Deputy Assistant Secretary for Community State of Texas October 17, 2016.
profit entities, or any of their contractors, Planning & Development.
may commit HUD assistance under [the State Date Granted: August 22, 2016. Contact: Virginia Sardone, Director, Office
CDBG–DR grant program] on an activity or Reason Waived: The Commonwealth of Affordable Housing Programs, Community
project until HUD or the state has approved repaid $5,126,234.53 to its local HOME Planning and Development, Department of
the recipient’s Request for Release of Funds account with non-federal funds to resolve Housing and Urban Development, 451 7th
(RROF) and the related certification from the HUD OIG audit findings that it expended Street SW., Room 7164, Washington, DC
responsible entity. In addition, until the HOME funds for ineligible purposes. While 20410, telephone (202) 708–2684.
RROF and the related certification have been the Commonwealth made significant progress
approved, neither a recipient nor any by disbursing over $25 million in HOME II. Regulatory Waivers Granted by Office of
participant in the development process may funds between August 1, 2015 and July 31, Fair Housing and Equal Opportunity
commit non-HUD funds on or undertake an 2016, the size and timing of the repayments For further information about the following
activity or project under [the State CDBG–DR did not afford it sufficient time to identify regulatory waivers, please see the name of
grant program] if the activity or project new projects for the entire amount of repaid
would have an adverse environmental impact the contact person that immediately follows
funds. HUD granted the waiver to permit the the description of the waiver granted.
or limit the choice of reasonable
alternatives.’’ In this situation, the City, as
Commonwealth additional time to expend • Regulation: 24 CFR 115.305(a).
funds on new affordable housing projects for Project/Activity: Fair Housing Assistance
grant recipient, committed non-HUD funds to
low-income residents. Program (FHAP); 2016 Enforcement Fund.
acquire real property, the former Phenix
Contact: Virginia Sardone, Director, Office Nature of Requirement: 24 CFR 115.305(a)
Elementary school property, subsequent to
of Affordable Housing Programs, Community allows grants of Special Enforcement Efforts
the award of a State CDBG–DR grant but prior
Planning and Development, Department of (SEE) funds to participants in the Fair
to the City receiving an approved Request for
Housing and Urban Development, 451 7th Housing Assistance Program, but limits the
Release of Funds and Certification (RROF)
from the State. Street SW., Room 7164, Washington, DC award to 20 percent of the participant’s total
Granted By: Harriet Tregoning, Principal 20410, telephone (202) 708–2684. FHAP cooperative agreement for the previous
Deputy Assistant Secretary for Community • Regulation: 24 CFR 91.15(a)(2)— contract year.
Planning & Development. Consolidated Plan Requirements. Granted By: Assistant Secretary Gustavo
Date Granted: August 9, 2016. Project/Activity: American Samoa, the Velazquez.
Reason Waived: The violation is regulatory Commonwealth of Puerto Rico, and the states Date Granted: April 29, 2016.
in nature, not statutory. Implementation of of Arkansas, California, New Hampshire, and Reason Waived: The waiver allows FHEO
the proposed project is consistent with Texas requested a waiver of 24 CFR to provide certain FHAP agencies with SEE
HUD’s mission and will advance HUD 91.15(a)(2) of the regulation, which requires funds above the amount set forth in the
program goals related to community each grantee to submit its Housing Trust regulation in order to support ongoing,
development, economic development and Fund (HTF) allocation plan to HUD no later protracted, or complex litigation associated
support of the city’s affordable housing than August 16, 2016. The grantees requested with the enforcement of their substantially
supply. The project will benefit the this waiver to provide additional time to equivalent fair housing laws.
community by preserving a historic develop their HTF allocation plans and Contact: Joseph A. Pelletier, Director, Fair
landmark, the Phenix Elementary School. conduct the required citizen participation Housing Assistance Program, Fair Housing
The City has agreed to change its processes process. Equal Opportunity, Department of Housing
asabaliauskas on DSK3SPTVN1PROD with NOTICES

and procedures and to build its internal Nature of Requirement: As a condition of and Urban Development, 451 7th Street SW.,
capacity to ensure future violations do not receiving funding, each HTF grantee is Room 5206, Washington, DC, 20410,
occur. Granting a waiver should not result in required to submit an HTF allocation plan to telephone (202) 402–2126.
an unmitigated adverse environmental HUD, the requirements of which are
impact provided the City implements the incorporated into the consolidated plan III. Regulatory Waivers Granted by the
conditions associated with the waiver regulations under 24 CFR part 91. The Office of Housing—Federal Housing
approval. provisions at 24 CFR 91.15(a)(2) require that Administration (FHA)
Contact: Paul F. Mohr, Regional each grantee submit its HTF allocation plan For further information about the following
Environmental Officer, Community Planning to HUD no later than August 16, 2016. regulatory waivers, please see the name of

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88264 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices

the contact person that immediately follows Project/Activity: Golden Spike Apartments, Nature of Requirement: The regulation at
the description of the waiver granted. FHA Project Number 101–44026, Denver, 24 CFR 219.220(b) (1995), which governs the
• Regulation: 24 CFR 200.73(c). Colorado. Colorado Veteran and Retired repayment of operating assistance provided
Project/Activity: R.H. Floyd Memorial Railroaders, Incorporated (Owner) seeks under the Flexible Subsidy Program for
Apartments, FHA Project Number 061–1352, approval to defer repayment of the Flexible Troubled Properties, states ‘‘Assistance that
Summerville, Georgia. The City of Subsidy Operating Assistance Loan on the has been paid to a project owner under this
Summerville, GA received a Commitment to subject project. subpart must be repaid at the earlier of the
Enter into Housing Assistance Payments Nature of Requirement: The regulation at expiration of the term of the mortgage,
Contract (CHAP) to convert its entire public 24 CFR 219.220(b) (1995), which governs the termination of mortgage insurance,
housing unit inventory to project based repayment of operating assistance provided prepayment of the mortgage, or a sale of the
Section 8 rental housing. The lender, under the Flexible Subsidy Program for project.’’
Bellwether Enterprise is seeking FHA Troubled Properties, states ‘‘Assistance that Granted by: Edward L. Golding, Principal
financing to renovate the 223 units. has been paid to a project owner under this Deputy Assistant Secretary for Housing, H
Nature of Requirement: The 24 CFR part subpart must be repaid at the earlier of the Date Granted: July 7, 2016
200.73(c) which, states that a site must expiration of the term of the mortgage, Reason Waived: The owner requested and
contain no less than 5 rental dwelling units. termination of mortgage insurance, was granted a waiver of the requirement to
Section 3.1.CC of the MAP Guide permits a prepayment of the mortgage, or a sale of the repay the Flexible Subsidy Operating
project with two or noncontiguous parcels of project.’’ Assistance Loan in full when it became due.
land when the parcels comprise one Granted by: Edward L. Golding, Principal Deferring the loan payment will preserve this
marketable, manageable real estate entity. Deputy Assistant Secretary for Housing. affordable housing resource for an additional
Granted By: Edward L. Golding, Principal Date Granted: July 7, 2016. 20 years through the execution and
Deputy Assistant Secretary for Housing. Reason Waived: The owner requested and recordation of a Rental Use Agreement.
Date Granted: July 5, 2016. was granted a waiver of the requirement to Contact: Marilyn Carlson, Senior Account
Reason Waived: The waiver was granted to repay the Flexible Subsidy Operating Executive, Department of Housing and Urban
allow the City of Summerville, GA to convert Assistance Loan in full when it became due. Development, 451 7th Street SW.,
its entire public housing unit inventory to Deferring the loan payment will preserve this Washington, DC 20410–8000, telephone:
project based Section 8 rental housing. Six of affordable housing resource for an additional (202) 402–4744.
the parcels have less than the minimum of 20 years through the execution and • Regulation: 24 CFR 219.220(b).
five required units. Since the remaining 17 recordation of a Rental Use Agreement. Project/Activity: Manchester Knolls
parcels are in compliance, the intent of Contact: Marilyn Carlson, Senior Account Cooperative and Manchester Knolls II
24CFR 200.73(c) is essentially fulfilled. Executive, Office of Housing, Department of Cooperative, FHA Project Numbers 071–
Contact: Daniel J. Sullivan, Acting Housing and Urban Development, 451 7th 44073 and 071–44075, North Chicago,
Director, Office of Multifamily Production, Street SW., Room 6156, Washington, DC Illinois. Manchester Knolls Cooperative,
Office of Housing, Department of Housing 20410, telephone (202) 402–4744. Incorporated (owner) seeks approval to defer
and Urban Development, 451 7th Street SW., • Regulation: 24 CFR 219.220(b). repayment of the Flexible Subsidy Operating
Room 6134, Washington, DC 20410, Project/Activity: Cumberland Court Assistance Loans on the subject projects.
telephone (202) 402–6130. Apartments, FHA Project Number 075– Nature of Requirement: The regulation at
• Regulation: 24 CFR 200.73(c). 44039T, Oshkosh, Wisconsin. Cumberland 24 CFR 219.220(b) (1995), which governs the
Project/Activity: The Heritage Village Court Housing Commission, Incorporated repayment of operating assistance provided
Apartments, FHA Project Number 042– (Owner) seeks approval to defer repayment of under the Flexible Subsidy Program for
the Flexible Subsidy Operating Assistance Troubled Properties, states ‘‘Assistance that
35702, Toledo, Ohio. The subject property
Loan on the subject project. has been paid to a project owner under this
was initially developed and insured under
Nature of Requirement: The regulation at subpart must be repaid at the earlier of the
Section 221(d)(4) of the National Housing Act
24 CFR 219.220(b) (1995), which governs the expiration of the term of the mortgage,
under the project name of Vistula Heritage
repayment of operating assistance provided termination of mortgage insurance,
Village. The property has a project-based
under the Flexible Subsidy Program for prepayment of the mortgage, or a sale of the
Section 8 HAP contract that covers all 250
Troubled Properties, states ‘‘Assistance that project.’’
units and consists of 21 separate parcels of
has been paid to a project owner under this Granted by: Edward L. Golding, Principal
which all but seven have more than five units
subpart must be repaid at the earlier of the Deputy Assistant Secretary for Housing, H.
per site. expiration of the term of the mortgage, Date Granted: September 14, 2016.
Nature of Requirement: The 24 CFR part termination of mortgage insurance, Reason Waived: The owner requested and
200.73(c) which, states that a site must prepayment of the mortgage, or a sale of the was granted a waiver of the requirement to
contain no less than 5 rental dwelling units. project.’’ repay the Flexible Subsidy Operating
Section 3.1.O.l.CC of the MAP Guide permits Granted by: Edward L. Golding, Principal Assistance Loans in full when they became
a project with two or more contiguous Deputy Assistant Secretary for Housing. due. Deferring the loan payments will
parcels of land when the parcels comprise Date Granted: July 26, 2016. preserve these affordable housing resources
one marketable, manageable real estate Reason Waived: The owner requested and for an additional 35 years through the
entity. was granted a waiver of the requirement to execution and recordation of a Rental Use
Granted By: Edward L. Golding, Principal repay the Flexible Subsidy Operating Agreement.
Deputy Assistant Secretary for Housing. Assistance Loan in full when it became due. Contact: Crystal Martinez, Senior Account
Date Granted: July 22, 2016. Deferring the loan payment will preserve this Executive, Office of Housing, Department of
Reason Waived: The waiver was granted to affordable housing resource for an additional Housing and Urban Development, 451 7th
allow much needed preservation in an 20 years through the execution and Street SW., Room 6174, Washington, DC
historic section of Toledo. The property has recordation of a Rental Use Agreement. 20410, telephone (202) 402–3718.
been managed as one project since inception; Contact: Valencia Hare, Senior Account • Regulation: 24 CFR 232.7.
therefore, the intent of 24 CFR 200.73(c) is Executive, Office of Housing, Department of Project/Activity: CountryHouse of Grand
essentially fulfilled. The waiver allows Housing and Urban Development, 451 7th Island is a memory care facility. The facility
Heritage Village Apartments to preserve and Street SW., Room 6180, Washington, DC
asabaliauskas on DSK3SPTVN1PROD with NOTICES

does not meet the requirements of 24 CFR
maintain affordable rental housing for low 20410, telephone (202) 402–6103. 232.7 ‘‘Bathroom’’ of FHA’s regulations. The
income families • Regulation: 24 CFR 219.220(b) project is located in Grand Island, NE.
Contact: Daniel J. Sullivan, Acting Project/Activity: Golden Spike Apartments, Nature of Requirement: The regulation at
Director, Office of Multifamily Production, FHA Project Number 101–44026, Denver, 24 CFR 232.7 mandates in a board and care
Office of Housing, Department of Housing Colorado. Colorado Veteran and Retired home or assisted living facility that not less
and Urban Development, 451 7th Street SW., Railroaders, Incorporated (Owner) seeks than one full bathroom must be provided for
Room 6134, Washington, DC 20410, approval to defer repayment of the Flexible every four residents. Also, the bathroom
telephone (202) 402–6130. Subsidy Operating Assistance Loan on the cannot be accessed from a public corridor or
• Regulation: 24 CFR 219.220(b). subject project. area.

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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices 88265

Granted By: Edward L. Golding, Principal • Regulation: 24 CFR 232.1005. to process an application, but HUD expended
Deputy Assistant Secretary for Housing. Project/Activity: Stygler Commons and no resources in evaluating LRG’s application.
Date Granted: August 25, 2016. Portage Trail Village are two existing Section The refund will help improve LRG’s cash
Reason Waived: The project is for memory 202 projects that received Assisted Living position.
care, all rooms have half-bathrooms and the Conversion Program grants to convert the Contact: Shelley M. McCracken-Rania,
ratio of residents to full bathroom rooms is projects to assisted living facilities. All Senior Financial Analyst, Office of
6.75/1. The memory care residents need operating licenses and accounts receivable Healthcare Programs, Office of Housing,
assistance with bathing. The project meets associated with revenue generated as a result Department of Housing and Urban
the State of Nebraska’s licensing of the care provided at these two projects Development, 451 7th Street SW., Room
requirements for bathing and toileting were pledged as collateral for a bond 2247, Washington, DC 20410, telephone (202)
facilities. issuances used the finance the projects. The 402–5366.
Contact: Vance T. Morris, Operations projects are located in Gahanna and • Regulation: 24 CFR 266.200(c)(2).
Manager, Office of Healthcare Programs, Cuyahoga Falls, Ohio. Project/Activity: Federal Financing Bank
Office of Housing, Department of Housing Nature of Requirement: The regulation at (FFB) Risk Sharing Initiative, Equity Take-
and Urban Development, 451 7th Street SW., 24 CFR 232.1005 mandates that all accounts Out, Rhode Island Housing Mortgage
Room 2337, Washington, DC 20401, deriving from the operation of the property, Corporation (Rhode Island Housing).
telephone (202) 402–2419. including operator accounts and including Nature of Requirement: 24 CFR
• Regulation: 24 CFR 232.7. all funds received from any source or derived 266.200(c)(2) HUD’s regulation at 24 CFR
Project/Activity: Devonshire Retirement from the operation of the facility, are project 266.200(c)(2) allows existing projects to be
Village is a memory care facility. The facility assets subject to control under the insured refinanced if certain criteria are met. If the
does not meet the requirements of 24 CFR mortgage loan’s transactional documents, property is subject to an HFA financed loan
232.7 ‘‘Bathroom’’ of FHA’s regulations. The including, without limitation, the operator’s to be refinanced and such refinancing will
project is located in Lapeer, MI. regulatory agreement. result in the preservation of affordable
Nature of Requirement: The regulation at Granted By: Edward L. Golding, Principal housing, refinancing of these properties is
24 CFR 232.7 mandates in a board and care Deputy Assistant Secretary for Housing. permissible if project occupancy is not less
home or assisted living facility that not less Date Granted: September 21, 2016. than 93 percent (to include consideration of
than one full bathroom must be provided for Reason Waived: The waiver of the rent in arrears), based on the average
every four residents. Also, the bathroom requirement, in part, is required to allow the occupancy in the project over the most recent
cannot be accessed from a public corridor or projects to refinance. The bond trustee agreed 12 months, and the mortgage does not exceed
area. to release the licenses associated with the an amount supportable by the lower of the
Granted By: Edward L. Golding, Principal projects from the collateral securing the bond unit rents being collected under the rental
Deputy Assistant Secretary for Housing. obligation. However, all accounts receivable assistance agreement or the unit rents being
Date Granted: September 21, 2016. associated with the revenue generated as a collected at unassisted projects in the market
Reason Waived: The project is for memory result of the care provided continue to secure area that are similar in amenities and
care, all rooms have half-bathrooms and the the bond obligation. All other accounts will location to the project for which insurance is
ratio of residents to full bathroom rooms is be pledged in accordance with the being requested. The HUD-insured mortgage
7:1. The memory care residents need Department’s requirements. The service may not exceed the sum of the existing
assistance with bathing. The project meets provider for the two projects agreed to indebtedness, cost of refinancing, the cost of
the State of Michigan’s licensing provide a corporate guarantee to guarantee repairs and reasonable transaction costs as
requirements for bathing and toileting both loans. determined by the Commissioner. If a loan to
facilities. Contact: Vance T. Morris, Operations be refinanced has been in default within the
Contact: Vance T. Morris, Operations Manager, Office of Healthcare Programs, 12 months prior to application for
Manager, Office of Healthcare Programs, Office of Housing, Department of Housing refinancing, the HFA must assume not less
Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., than 50 percent of the risk.
and Urban Development, 451 7th Street SW., Room 2337, Washington, DC 20401, Equity take-outs for existing projects
Room 2337, Washington, DC 20401, telephone (202) 402–2419. (refinance transactions): Permit the insured
telephone (202) 402–2419. mortgage to exceed the sum of the total cost
• Regulation: 24 CFR 242.21. of acquisition, cost of financing, cost of
• Regulation: 24 CFR 232.7. Project/Activity: LRGHealthcare (LRG) is a
Project/Activity: White Pines of Fridley is repairs, and reasonable transaction costs or
not-for-profit 501(c)(3) organization that ‘‘equity take-outs’’ in refinances of HFA-
a memory care facility. The facility does not operates two facilities in New Hampshire:
meet the requirements of 24 CFR 232.7 financed projects and those outside of HFA’s
Lakes Region General Hospital, a 137-bed portfolio if the result is preservation with the
‘‘Bathroom’’ of FHA’s regulations. The
Sole Community Hospital in Laconia, NH, following conditions:
project is located in Fridley, MN.
and Franklin Regional Hospital, a 25-bed 1. Occupancy is no less than 93% for
Nature of Requirement: The regulation at
acute care critical access hospital that has a previous 12 months;
24 CFR 232.7 mandates in a board and care
10-bed psychiatric receiving facility, in 2. No defaults in the last 12 months of the
home or assisted living facility that not less
than one full bathroom must be provided for Franklin, NH. HFA loan to be refinanced;
every four residents. Also, the bathroom Nature of Requirement: The regulation 3. A 20-year affordable housing deed
cannot be accessed from a public corridor or mandates that application fees accompanying restriction placed on title that conforms to
area. Section 242 applications cannot be refunded, the 542(c) statutory definition;
Granted By: Edward L. Golding, Principal in whole or in part. 4. A Property Capital Needs Assessment
Deputy Assistant Secretary for Housing. Granted By: Edward L. Golding, Principal (PCNA) must be performed and funds
Date Granted: September 27, 2016. Deputy Assistant Secretary for Housing. escrowed for all necessary repairs, and
Reason Waived: The project is for memory Date Granted: August 3, 2016. reserves funded for future capital needs; and
care, all rooms have half-bathrooms and the Reason Waived: KeyBanc Capital Markets, 5. For projects subsidized by Section 8
ratio of residents to full bathroom rooms is Inc., on behalf of LRG, submitted an Housing Assistance Payment (HAP)
7:1. The memory care residents need application (and an application fee in the contracts: Owner agrees to renew HAP
amount of $204,635.50) for a Section 223(f) contract(s) for 20-year term, (subject to
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assistance with bathing. The project meets
the State of Minnesota’s licensing loan in May 2015. After a brief review of the appropriations and statutory authorization,
requirements for bathing and toileting application, the Office of Hospital Facilities etc.,), and existing and post-refinance HAP
facilities. (OHF) determined that the application could residual receipts are set aside to be used to
Contact: Vance T. Morris, Operations not be approved. Instead, the Lender reduce future HAP payments.
Manager, Office of Healthcare Programs, submitted a request for an interest rate Granted by: Edward L. Golding, Principal
Office of Housing, Department of Housing reduction, which reduced the interest rate Deputy Assistant Secretary for Housing.
and Urban Development, 451 7th Street SW., from 6.38% to 3.7%. This financing closed in Date Granted: September 6, 2016.
Room 2337, Washington, DC 20401, September 2015. Typically application fees Reason Waived: Necessary to effectuate the
telephone (202) 402–2419. are collected to offset the resources expended Federal Financing Bank (FFB) Risk Sharing

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Initiative between Housing and Urban • Regulation: 24 CFR 5.801(c)(1) and 24 Assessment Center, Office of Public and
Development and the Treasury Department/ CFR 5.801(d)(1). Indian Housing, Department of Housing and
FFB announced in Fiscal Year 2014. The Project/Activity: Brown County North East Urban Development, 550 12th Street SW.,
waivers are consistent with changes Kansas Community Action Program (KS168). Suite 100, Washington, DC 20410, telephone
Multifamily is seeking now to the regulation Nature of Requirement: The regulation (202) 475–7908.
and as previously approved in March 2015 establishes certain reporting compliance • Regulation: 24 CFR 902.25.
for the first 11 HFAs participating in the dates. The audited financial statements are Project/Activity: Bogalusa Housing
Initiative. Under this Initiative, FFB provides required to be submitted to the Real Estate Authority (LA024).
capital to participating Housing Finance Assessment Center (REAC) no later than nine Nature of Requirement: Physical
Agencies (HFAs) to make multifamily loans months after the housing authority’s (HA) inspections are required to ensure that public
insured under the FHA Multifamily Risk fiscal year end (FYE), in accordance with the housing units are decent, safe, sanitary and
Sharing Program. Single Audit Act and OMB Circular A–133. in good repair, as determined by an
Contact: Daniel J. Sullivan, Acting Granted By: Lourdes Castro Ramı́rez, inspection conducted in accordance with
Director, Office of Multifamily Production, Principal Deputy Assistant Secretary for HUD’s Uniform Physical Condition
Office of Housing, Department of Housing Public and Indian Housing. Standards (UPCS). Baseline inspections will
and Urban Development, 451 7th Street SW., Date Granted: July 21, 2016. have all properties inspected regardless of
Room 6134, Washington, DC, 20410, Reason Waived: Brown County North previous PHAS designation or physical
telephone (202) 402–6130. Kansas Community Action Program, NEK– inspection scores.
• Regulation: 24 CFR 290.30(a). CAP (HA), a Section 8 only entity, requested Granted By: Lourdes Castro Ramı́rez,
Project/Activity: Eastern Parkway an extension to submit its audited financial Principal Deputy Assistant Secretary for
Apartments, FHA Project Number 012–57049 data for the fiscal year end (FYE) of Public and Indian Housing.
V and W, Brooklyn, New York. Eastern September 30, 2015, to align with its Housing Date Partially Granted: August 9, 2016.
Parkway HAP Associates, L.P. (Owner) seeks Choice Voucher (HCV) program. The HCV Reason Waived: Bogalusa Housing
approval to waive the non-competitive sale of program fiscal year end change was granted Authority (HA), requested to be waived from
two HUD-held multifamily mortgages. on December 4, 2015. The additional time all physical inspections and physical
Nature of Requirement: The regulation at would permit the auditor necessary time to condition scoring of property/units for its
24 CFR 290.30(a), which governs the sale of compile and complete NEK–CAP’s required fiscal year end (FYE) of September 30, 2016.
HUD-held mortgages, states that ‘‘[e]xcept as audited financial data submission to the Pursuant to 24 CFR 5.110, the HA was
otherwise provided in Section 290.31(a)(2), Department. granted a partial waiver for good cause of the
HUD will sell HUD-held multifamily This FASS audited financial submission PHAS and physical inspection score for its
mortgages on a competitive basis.’’ waiver (extension) does not apply to Single FYE September 30, 2016. The HA was
Granted by: Edward L. Golding, Principal Audit submissions to the Federal Audit advised that the inspection results will be for
Deputy Assistant Secretary for Housing. Clearinghouse; the HA is required to meet the informational purposes and would not serve
Date Granted: September 14, 2016. Single Audit due date. as the inspection of record. The HA was also
Reason Waived: The owner requested and Contact: Dee Ann R. Walker, Acting advised that September 30, 2017, would be
was granted a waiver of the non-competitive Program Manager, NASS, Real Estate the baseline year to determine its eligibility
sale of two HUD-held multifamily mortgages. Assessment Center, Office of Public and for Small PHA Deregulation and that a new
A waiver allows the Department to assign the Indian Housing, Department of Housing and inspection would be required upon that date.
mortgages to the owner’s new mortgagee to Urban Development, 550 12th Street SW., Contact: Dee Ann R. Walker, Acting
avoid paying mortgage recording tax in the Suite 100, Washington, DC 20410, telephone Program Manager, NASS, Real Estate
State of New York. (202) 475–7908. Assessment Center, Office of Public and
Contact: Susanna Oyewole, Account
• Regulation: 24 CFR 902.25. Indian Housing, Department of Housing and
Executive, Office of Housing, Department of Urban Development, 550 12th Street SW.,
Project/Activity: Rayville Housing
Housing and Urban Development, 451 7th Suite 100, Washington, DC 20410, telephone
Authority (LA105).
Street SW., Room 6168, Washington, DC
Nature of Requirement: Physical (202) 475–7908.
20410, telephone (202) 402–6080.
inspections are required to ensure that public • Regulation: 24 CFR 982.251(c).
• Regulation: 24 CFR 891.165. housing units are decent, safe, sanitary and Project/Activity: Department of Housing
Project/Activity: Victoria at COMM22, San in good repair, as determined by an and Community Development in Boston,
Diego, CA, Project Number: 129–EE036/ inspection conducted in accordance with Massachusetts requested a waiver of 24 CFR
CA33–S101–001. HUD’s Uniform Physical Condition 982.251(c) so that HUD-Veterans Affairs
Nature of Requirement: Section 891.165 Standards (UPCS). Baseline inspections will Supportive Housing (VASH) families do not
provides that the duration of the fund
have all properties inspected regardless of have to be placed on the agency’s waiting list
reservation of the capital advance is 18-
previous PHAS designation or physical for HUD–VASH project-based voucher (PBV)
months from the date of issuance with
inspection scores. assistance.
limited exceptions up to 36 months, as
Granted By: Lourdes Castro Ramı́rez, Nature of Requirement: 24 CFR 982.251(c)
approved by HUD on a case-by-case basis.
Granted By: Edward L. Golding, Principal Principal Deputy Assistant Secretary for states that a PHA shall select families to
Deputy Assistant Secretary for Housing. Public and Indian Housing. receive PBV assistance from its waiting list.
Date Granted: September 13, 2016. Date Partially Granted: July 11, 2016. Granted By: Lourdes Castro Ramı́rez,
Reason Waived: Additional time was Reason Waived: Rayville Housing Principal Deputy Assistant Secretary for
needed to meet other requirements of the Authority (HA), requested to be waived from Public and Indian Housing.
State of California and time for the tax credit all physical inspections and physical Date Granted: July 29, 2016.
investor to review and approve the loan condition scoring of property/units for its Reason Waived: This regulation was
documents. fiscal year end (FYE) of September 30, 2016. waived so that the VA could refer families to
Contact: Alicia Anderson, Branch Chief, Pursuant to 24 CFR 5.110, the HA was a new veterans’ facility in Bedford,
Grants and New Funding, Office of Housing, granted a partial waiver for good cause of the Massachusetts without placing their names
Department of Housing and Urban PHAS and physical inspection score for its on a waiting list. Having to use a waiting list
FYE September 30, 2016. The HA was for PBV assistance could delay housing these
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Development, 451 7th Street SW., Room
6138, Washington, DC 20410, telephone (202) advised that the inspection results will be for veterans. In addition, HUD–VASH families
402–5787. informational purposes and would not serve are not placed on a waiting list for tenant-
as the inspection of record. The HA was also based voucher assistance.
IV. Regulatory Waivers Granted by the advised that September 30, 2017, would be Contact: Becky Primeaux, Housing
Office of Public and Indian Housing the baseline year to determine its eligibility Voucher Management and Operations
For further information about the following for Small PHA Deregulation and that a new Division, Office of Public Housing and
regulatory waivers, please see the name of inspection would be required upon that date. Voucher Programs, Office of Public and
the contact person that immediately follows Contact: Dee Ann R. Walker, Acting Indian Housing, Department of Housing and
the description of the waiver granted. Program Manager, NASS, Real Estate Urban Development, 451 7th Street SW.,

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Document Modified: 2016-12-07 05:32:00
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		For general information about this notice, contact Ariel Pereira, Associate General Counsel for Legislation and Regulations, Department of Housing and Urban Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500, telephone 202-708-3055 (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.
FR Citation		81 FR 88262