82 FR 15532 - Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2016

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 59 (March 29, 2017)

Page Range		15532-15539
FR Document		2017-06198
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 October 1, 2016, and ending on December 31, 2016.
Federal Register, Volume 82 Issue 59 (Wednesday, March 29, 2017)
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15532-15539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06198]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5946-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
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 October 1, 2016, and ending on December 31, 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 fourth 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

[[Page 15533]]

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 
October 1, 2016 through December 31, 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 
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 fourth quarter of 
calendar year 2016) before the next report is published (the first 
quarter of calendar year 2017), HUD will include any additional waivers 
granted for the fourth 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: March 24, 2017.
Ariel Pereira,
Associate General Counsel for Legislation and Regulations.

Appendix--

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development October 1, 2016 Through 
December 31, 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 Housing.
III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: Lafayette, LA.
    Nature of Requirement: The regulation at 24 CFR 91.105(c)(2) 
requires a 30-day public comment period prior to the implementation 
of a substantial amendment to a grantee's consolidated plan.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: December 6, 2016.
    Reason Waived: Lafayette, LA City-Parish was affected by severe 
flooding August 11-31, 2016, causing substantial property damage. A 
Presidentially-declared disaster declaration (FEMA-DR-4277) was 
initially issued on August 14, 2016. Amendment No. 1 issued on 
August 16, 2016, included multiple, additional parishes, including 
Lafayette Parish, that were adversely affected by the severe storms 
and flooding that occurred for the effective period of August 11-31, 
2016. The waiver was issued to reduce the required comment period to 
seven days to allow the City-Parish to expedite recovery efforts for 
low and moderate income residents affected by the flooding.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 7th Street SW., Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.
     Regulation: 24 CFR 91.105(c)(2), 24 CFR 570.201(e)(1), 
and 24 CFR 570.207(b)(3).
    Project/Activity: Baton Rouge, LA.
    Nature of Requirement: The regulations at 24 CFR 91.105(c)(2), 
24 CFR 570.201(e)(1), and 24 CFR 570.207(b)(3) require a 30-day 
public comment period prior to the implementation of a substantial 
amendment to a grantee's consolidated plan, limit the amount of CDBG 
funds used for public services to no more than 15 percent of each 
grant, and prohibit CDBG grantees from carrying out new construction 
of housing, respectively.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: December 6, 2016.
    Reason Waived: Baton Rouge, LA City-Parish was affected by 
severe flooding August 11-31, 2016, causing substantial property 
damage. A Presidentially-declared disaster declaration (FEMA-DR-
4277) was initially issued on August 14, 2016. The declaration 
covers the severe storms and flooding that occurred for the 
effective period of August 11-31, 2016. These waivers, and 
accompanying statutory suspensions under Section 122 of the Housing 
and Community Development Act of 1974, were granted to allow Baton 
Rouge to expedite recovery efforts for low and moderate income 
residents affected by the flooding by reducing the required public 
comment period to seven days; pay for additional support services 
for affected individuals and families, including, but not limited 
to, food, health, employment, and case management services to help 
county residents impacted by the flooding; and allow grantees to use 
their CDBG funds for new housing construction to replace affordable 
housing units lost as a result of the storms and flooding.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 7th Street SW., Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.
     Regulation: 24 CFR 570.200(h).
    Project/Activity: On December 15, 2016, HUD issued CPD Notice 
#CPD-16-18 implementing procedures to govern the submission and 
review of consolidated plans and action plans for FY 2017 funding 
prior to the enactment of a FY 2017 HUD appropriation bill. These 
procedures apply to any Entitlement, Insular or Hawaii 
nonentitlement grantee with a program year start date prior to, or 
up to 60 days after, HUD's announcement of the FY 2017 formula 
program funding allocations for CDBG, ESG, HOME and HOPWA formula 
funding.
    Nature of Requirement: The Entitlement CDBG program regulation 
at 24 CFR 570.200(h) authorizes a grantee to incur costs against its 
CDBG grant prior to the effective date of its grant agreement with 
HUD. Under this regulation, the effective date of a grantee's grant 
agreement is either the grantee's program year start date or the 
date that the grantee's consolidated plan/action plan is received by 
HUD, whichever is later. This waiver was issued to the extent 
necessary to treat the effective date of a grantee's grant agreement 
as the grantee's program year start date or date or the date that 
the grantee's consolidated plan/action plan is received by HUD, 
whichever is earlier.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: December 15, 2016, for effect on October 14, 2015.

[[Page 15534]]

    Reason Waived: Under the provisions of the Notice, a grantee's 
consolidated plan/action plan may not be submitted to (and thus 
received by) HUD until several months after the grantee's program 
year start date. Lengthy delays in the enactment of FY 2017 
appropriations for the Department, and implementation of the policy 
to delay submission of FY 2017 Action Plans, may have negative 
consequences for CDBG grantees that intend to incur eligible costs 
prior to the award of FY 2017 funding. Some activities might 
otherwise be interrupted while implementing these revised 
procedures. In addition, grantees might not otherwise be able to use 
CDBG funds for planning and administrative costs of administering 
their programs. In order to address communities' needs and to ensure 
that programs can continue without disturbance, this waiver was 
issued to allow grantees to incur pre-award costs on a timetable 
comparable to that under which grantees have operated in past years. 
This waiver is available for use by any applicable CDBG grantee 
whose action plan submission is delayed past the normal submission 
date because of delayed enactment of FY 2017 appropriations for the 
Department. This waiver authority is only in effect until August 16, 
2017.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 7th Street SW., Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.
     Regulation: 24 CFR 576.403 and 24 CFR 576.106.
    Project/Activity: State of Texas.
    Nature of Requirement: 24 CFR 576.403(c) states that Emergency 
Solutions Grants (ESG) funds cannot be used to assist participants 
living in, or moving into, housing that does not meet Minimum 
Habitability Standards. 24 CFR 576.106(d) prevents ESG rental 
assistance funds from being used to provide rental assistance in a 
unit that exceeds HUD determined Fair Market Rent(FMR).
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning and Development (CPD).
    Date Granted: November 21, 2016.
    Reason Waived: HUD granted a limited, conditional waiver of 24 
CFR 576.403(c) to allow subrecipients to provide the legal services 
necessary to prevent eviction and/or obtain the necessary repairs to 
bring program participants' units up to the required standards and 
stabilize them in their housing. In addition, because the state 
provided sufficient documentation of its subrecipients inability to 
provide adequate ESG rental assistance in units at or below FMR, HUD 
waived 24 CFR 576.106(d)(1) to allow subrecipients in certain areas 
to provide ESG rental assistance for units with rents up to the 
payment standard adopted by the applicable PHA.
    Contact: Shirley J. Henley, Director, Office or Community 
Planning and Development, Department of Housing and Urban 
Development, 801 Cherry Street, Unit 45 Suite 2500, Room 2884, Fort 
Worth, TX 76102, telephone (817) 978-5951.
     Regulation: CPD Notice 14-10.
    Project/Activity: Langworthy Field, Hopkinton, Rhode Island.
    Nature of Requirement: This notice sets forth the transition 
from the use of the Decennial Census data to the American 
Communities Survey data by the Department and provides specific 
implementation guidance for State Community Development Block Grant 
program participants in doing so. This notice has an effective date 
for which this transition must occur for program participants.
    Granted By: Harriet Tregoning, Principal Assistant Secretary for 
Community Planning and Development.
    Date Granted: December 8, 2016.
    Reason Waived: The Langworthy Field project has been funded out 
of multiple years funding and in order to finalize the project and 
comply with the area benefit national objective for the State 
Community Development Block Grant Program, the effective date of CPD 
Notice 14-10 needed to be waived and a new effective date be 
established, for this activity only, so that it may be completed.
    Contact: James H[ouml]emann, Deputy Director, Office of State 
and Small Cities Division, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7184, Washington, DC 20410, 
telephone (202) 402-5716.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Leigh Johnson Apartments, FHA Project Number 
071-44087T, Chicago, Illinois. 73rd & Dobson Housing Corporation 
(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: November 3, 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: Marilynne Hutchins, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6174, Washington, DC 20410, telephone (202) 402-4323.
     Regulation: 24 CFR 266.200(b)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Substantial Rehabilitation, New York State Housing 
(NYCHDC). Waivers of certain provisions of the Risk Sharing Program 
regulations for 14 projects utilizing the Federal Financing Bank 
(FFB) Risk Sharing Initiative in calendar year 2016.
    Nature of Requirement: The 24 CFR part 266.200(b)(2) Substantial 
Rehabilitation. The Department will permit the revised definition of 
substantial rehabilitation (S/R) in the revised MAP Guide published 
on January 29, 2016, such that S/R is: Any scope of work that 
either: (a) Exceeds in aggregate cost a sum equal to the `base per 
dwelling unit limit' times the applicable High Cost Factor, or (b) 
Replacement of two or more building systems. `Replacement' is when 
the cost of replacement work exceeds 50 percent of the cost of 
replacing the entire system. The base limit is revised to $15,000 
per unit for 2015, and will be adjusted annually based on the 
percentage change published by the Consumer Financial Protection 
Bureau, or other inflation cost index published by HUD.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: October 27, 2016.
    Reason Waived: Necessary to effectuate the Federal Financing 
Bank (FFB) Risk Sharing Initiative between Housing and Urban 
Development and the Treasury Department/FFB announced in Fiscal Year 
2014. The approval and execution of the FFB Risk Sharing Agreement 
will facilitate the expansion of the program to increase the supply 
of affordable rental housing and to assist in the preservation of 
existing of rental housing. 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 266.200(c)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Equity Take-Outs. New York State Housing Finance Agency 
(NYSHFA). Waivers of certain provisions of the Risk Sharing Program 
regulations for 14 projects utilizing the Federal Financing Bank 
(FFB) Risk Sharing Initiative in calendar year 2016.
    Nature of Requirement: 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;

[[Page 15535]]

    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:
    a. Owner agrees to renew HAP contract(s) for 20-year term, 
(subject to appropriations and statutory authorization, etc.,), and
    b. In accordance with regulations found in 24 CFR 883.306(e), 
and Housing Notice 2012-14--Use of ``New Regulation'' Section 8 
Housing Assistance Payments (HAP) Contracts Residual Receipts of 
Offset Project-Based Section 8 Housing Assistance Payments, if at 
any time NYSHFA determines that a project's excess funds (surplus 
cash) after project operations, reserve requirements and permitted 
distributions are met, NYSHFA must place the excess funds into a 
separate interest-bearing account. Upon renewal of a HAP Contract 
the excess funds can be used to reduce future HAP payments or other 
project operations/purposes. When the HAP Contract expires, is 
terminated, or any extensions are terminated, any unused funds 
remaining in the Residual Receipt Account at the time of the 
contract's termination must be returned to HUD.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: October 27, 2016.
    Reason Waived: Necessary to effectuate the Federal Financing 
Bank (FFB) Risk Sharing Initiative between Housing and Urban 
Development and the Treasury Department/FFB announced in Fiscal Year 
2014. The approval and execution of the FFB Risk Sharing Agreement 
will facilitate the expansion of the program to increase the supply 
of affordable rental housing and to assist in the preservation of 
existing of rental housing. 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 266.410(e).
    Project/Activity: New York State Housing Finance Agency 
(NYSHFA), an approved Section 542(c) Housing Finance Agency Risk 
Sharing Program participant under the authority of Section 542(c), 
and implementing regulations under 24 CFR part 266, requested a 
waiver of 24 CFR Section 266.410(e), which requires insured 
mortgages to be fully amortized over the term of the mortgage. The 
waiver request was for Ocean Bay Apartments, a 1,400-unit public 
housing conversion in Arvene, New York, which is utilizing the 
Rental Assistance Demonstration (RAD) Program. All units are 
affordable in the property. The property suffered severe losses 
resulting from Superstorm Sandy, and has been operating with 
temporary heating equipment since that time. The waiver of the 
requirement would permit the HFA to structure the loan with a 40-
year amortization with a term of 35 years. In addition, NYSHFA has 
elected to use a Level II risk level (90-10) with an insured risk 
share mortgage of $92 million.
    Nature of Requirement: Section 266.410(e) governs the 
amortization, which the mortgage must provide for complete 
amortization (i.e., regularly amortizing over the term of the 
mortgage).
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: December 29, 2016.
    Reason Waived: New York State Housing Finance Agency requested 
and was granted waiver of the requirement for Ocean Bay Apartments 
in order to fulfil the Firm Commitment condition issued on November 
22, 2016, which required an approval of the waiver or it would 
become null and void. The approval of the waiver for a longer 
amortization period ensured that the RAD project can both be 
financed and meet required debt service coverage ratios. In 
addition, granting the waiver helped preserve affordable housing and 
furthered Superstorm Sandy rehabilitation efforts. Therefore, under 
the authority of 24 CFR 5.110, HUD waived 24 CFR 266.410(e) to 
permit a 35-year term with a 40-year amortization for Ocean Bay 
Apartment. The waiver approval is subject to the following 
conditions: (1) Accordance with 24 CFR 266.200(d), the mortgage may 
not exceed an amount supportable by the lower of Section 8 or 
comparable unassisted market rents; (2) occupancy is no less than 93 
percent for previous 12 months; (3) no default in the last 12 months 
of the HFA loan to be refinanced; (4) Due to the project being 
subsidized by Section 8 Housing Assistance Payment (HAP) contracts: 
(a) Owner agrees to renew HAP contract for 20-year term, (subject to 
appropriations and statutory authorization, etc.) and the project 
excess funds (surplus cash) shall be held or disbursed in accordance 
with the RAD Program requirements pursuant to Notice PIH 2012-32 
(HA) REV-2.
    Contact: Donald Billingsley, Acting Director, Program 
Administration Division, Office of Multifamily Production, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6142, Washington, DC 20410, telephone (202) 402-7125.
     Regulation: 24 CFR 266.410(e).
    Project/Activity: Rhode Island Housing and Mortgage Finance 
Corporation, an approved Section 542(c) Housing Finance Agency Risk 
Sharing Program participant under the authority of Section 542(c) 
and implementing regulations under 24 CFR part 266 requested a 
waiver of 24 CFR Section 266.410(e), which requires mortgages 
insured to be fully amortized over the term of the mortgage. The 
waiver of the requirement would permit the HFA to provide loans for 
three preservation transactions that would amortize over 30 to 40 
years, but mature within 17 to 25 years to go into effect on 
November 1, 2016 for a one-year period.
    Nature of Requirement: Section 266.410(e) governs the 
amortization, which the mortgage must provide for complete 
amortization (i.e., regularly amortizing over the term of the 
mortgage).
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: November 23, 2016 (original waiver); December 29, 
2016 (amended waiver).
    Reason Waived: Rhode Island Housing and Mortgage Finance 
Corporation requested and was originally granted waiver of the 
requirement in order to provide flexibility for three preservation 
projects in the organization's portfolio that do not meet the 
requirements of the 542(c) Risk Sharing Initiative Program. 
Therefore, under the authority of 24 CFR 5.110, HUD waived 24 CFR 
266.410(e) to permit a term as short as 17 years to 25 years 
(``Balloon Loans'') for three projects in the organization's 
portfolio. HUD amended the original waiver since Rhode Island 
Housing and Mortgage Finance Corporation requested that the 
provision related to transactions being in the organization's 
portfolio be deleted from the waiver approval. HUD approved the 
amended waiver request which is subject to the same conditions of 
the original approval: (1) Rhode Island Housing and Mortgage Finance 
Corporation must elect 50 percent or more of the risk of loss on all 
transaction; (2) the waiver is in effect from November 1, 2016 to 
November 1, 2017; (3) in accordance with 24 CFR 266.200(d), the 
mortgage may not exceed an amount supportable by the lower of 
Section 8 or comparable unassisted market rents; (4) the HFA must 
comply with regulations stated in 24 CFR 266.210 for insured advance 
or insurance upon completion transactions; (5) the projects must 
comply with Davis-Bacon labor standards in accordance with 24 CFR 
266.225; (6) all other requirements of CFR 24 266.410 remain 
applicable and the waiver is only applicable for substantial 
rehabilitation of three existing loans in the HFA's portfolio; and 
(7) all affordable housing deed restriction for 20 years must be 
recorded.
    Contact: Donald Billingsley, Acting Director, Program 
Administration Division, Office of Multifamily Production, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6142, Washington, DC 20410-8000, telephone: (202) 402-
7125.
     Regulation: 24 CFR 266.620(e).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Termination of Mortgage Insurance. New York State 
Housing Finance Agency (NYSHFA). Waivers of certain provisions of 
the Risk Sharing Program regulations for 14 projects utilizing the 
Federal Financing Bank (FFB) Risk Sharing Initiative in calendar 
year 2016.
    Nature of Requirement: The 24CFR part 266.620(e) Termination of 
Mortgage Insurance. As required by the Initiative, New York State 
Housing Finance Agency (NYSHFA) agrees to indemnify HUD for all 
amounts paid to FFB if ``the HFA or its successors commit fraud, or 
make a material misrepresentation to the Commissioner with respect 
to information culminating in the Contract of Insurance on the 
mortgage, or while the Contract of Insurance is in existence.'' Only 
Level I HFAs are eligible for FFB financing, thereby ensuring the 
HFA maintains financial capacity to perform under the 
indemnification agreement. If the HFA loses its ``A'' rating, HFA 
must post the required reserve account as outlined in CFR 266.110(b)

[[Page 15536]]

    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: October 27, 2016.
    Reason Waived: Necessary to effectuate the Federal Financing 
Bank (FFB) Risk Sharing Initiative between Housing and Urban 
Development and the Treasury Department/FFB announced in Fiscal Year 
2014. The approval and execution of the FFB Risk Sharing Agreement 
will facilitate the expansion of the program to increase the supply 
of affordable rental housing and to assist in the preservation of 
existing of rental housing. 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: Miramar Court Apartments, FHA Project Number 
012-57123V, Bronx, New York. LRF Housing Associates, L.P. (Owner) 
seeks approval to waive the non-competitive sale of a HUD-held 
multifamily mortgage.
    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, H
    Date Granted: November 14, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the non-competitive sale of a HUD-held multifamily mortgage. A 
waiver allows the Department to assign the mortgage to the owner's 
new mortgagee to avoid paying mortgage recording tax in the State of 
New York.
    Contact: Cindy Bridges, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6168, Washington, DC 20410, telephone (202) 402-2603.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: VOA Living Center of Lake City, Lake City, FL, 
Project Number: 063-HD030/FL29-W101-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: November 18, 2016.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner has exhausted all efforts to obtain additional funding from 
other sources.
    Contact: 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.
     Regulation: 24 CFR 891.130(a).
    Project/Activity: Teaneck Senior Housing, Teaneck, NJ, Project 
Number: 031-EE077/NJ39-S091-004.
    Nature of Requirement: Section 891.130(a) prohibits Officers or 
Board members of either the Sponsor or the Owners (or Borrowers, as 
applicable) to have any financial interest in any contract with the 
Owner or in any firm which has a contract with the Owner. This 
restriction applies as long as the individual is serving on the 
Board and for a period of three years following resignation or final 
closing, whichever occurs later.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: October 24, 2016.
    Reason Waived: The integrity of the Section 202 or Section 811 
program is not jeopardized and the service to be provided would not 
otherwise be readily available. They meet HUD requirements.
    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.
     Regulation: 24 CFR 891.165.
    Project/Activity: VOA Living Center of Lake City, Lake City, FL, 
Project Number: 063-HD030/FL29-Q101-004.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18-months 
from the date of issuance with limited exceptions up to 36 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: December 13, 2016.
    Reason Waived: Additional time was needed to review the initial 
closing package.
    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.
     Regulation: 24 CFR 891.165.
    Project/Activity: Rosa Parks II Senior Housing, San Francisco, 
CA, Project Number: 121-EE225/CA39-S101-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18-months 
from the date of issuance with limited exceptions up to 36 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: December 28, 2016.
    Reason Waived: Additional time was needed for the Tax Credit 
Limited Partners to pay the Owner its contributions in May 2017 for 
the construction loan.
    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.

III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 982.503.
    Project/Activity: Chattanooga Housing Authority in Chattanooga, 
Tennessee, requested a waiver of 24 CFR 982.503 so that it could 
continue using Small Area Fair Market Rents (SAFMR) beyond the end 
of the demonstration period.
    Nature of Requirement: 24 CFR 982.503 establishes the regulatory 
requirement for the setting of payment standards and schedules for 
the Housing Choice Voucher program.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: November 22, 2016.
    Reason Waived: This regulation was waived since without a 
waiver, the agency would have to cease using SAFMRs which had been 
in effect since October 2012 and could present a hardship on 
families.
    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.
    Project/Activity: Housing Authority of Cook County in Chicago, 
Illinois, requested a waiver of 24 CFR 982.503 so that it could 
continue using Small Area Fair Market Rents (SAFMR) beyond the end 
of the demonstration period.
    Nature of Requirement: 24 CFR 982.503 establishes the regulatory 
requirement for the setting of payment standards and schedules for 
the Housing Choice Voucher program.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: November 22, 2016.
    Reason Waived: This regulation was waived since without a 
waiver, the agency would have to cease using SAFMRs which had been 
in effect since October 2012 and could present a hardship on 
families.
    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(a) and (c)(2).
    Project/Activity: San Francisco Housing Authority in San 
Francisco, California, requested a waiver of these regulations so 
that it could allow payment standards of 120 percent of the 2017 
50th percentile fair market rents for its HUD-VASH families.
    Nature of Requirement: These regulations limit the amount of 
exception payment standards that may be established for the public 
housing agency.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: December 21, 2016.
    Reason Waived: Higher payment standards were warranted since the 
utilization of HUD-VASH vouchers was only 70 percent and the

[[Page 15537]]

vacancy rate in San Francisco was less than one percent.
    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 982.505(d).
    Project/Activity: Chicago Housing Authority in Chicago, 
Illinois, 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: October 3, 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 Diego Housing Commission in San Diego, 
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: October 11, 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: Orange County Housing Authority in Santa Ana, 
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: November 15, 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: Chicago Housing Authority in Chicago, 
Illinois, 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: November 23, 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: Vermont State Housing Authority in Montpelier, 
Vermont, 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: November 23, 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 Grays Harbor in Aberdeen, 
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 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: November 29, 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: Chicago Housing Authority in Chicago, 
Illinois, 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: December 1, 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.

[[Page 15538]]

     Regulation: 24 CFR 982.505(d).
    Project/Activity: City of Des Moines Housing Services Department 
in Des Moines, Iowa, 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: December 1, 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: Holden Housing Authority in Holden, 
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: December 1, 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: Chicago Housing Authority in Chicago, 
Illinois, 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: December 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: Colorado Department of Local Affairs in 
Denver, Colorado, 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: December 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: Housing Authority of Skagit County in 
Burlington, 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 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: December 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 985.101(a).
    Project/Activity: The Waterloo Housing Authority (WHA) in 
Waterloo, Iowa, 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: October 12, 2016.
    Reason Waived: This waiver was granted for the WHA's fiscal year 
ending June 30, 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: Allen Metropolitan Housing Authority (AMHA) in 
Lima, Ohio, 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: October 25, 2016.
    Reason Waived: This waiver was granted for the AMHA's fiscal 
year ending June 30, 2016. The waiver was approved because of 
circumstances beyond the AMHA'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: Denham Springs Housing Authority (DSHA) in 
Denham Springs, LA, 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.

[[Page 15539]]

    Date Granted: December 9, 2016.
    Reason Waived: This waiver was granted for the DSHA's fiscal 
year ending September 30, 2016. The waiver was approved because of 
circumstances beyond the DSHA'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 902.22 and 902.25
    Project/Activity: Duson Housing Authority (LA130).
    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 Granted: November 23, 2016.
    Reason Waived: The Duson Housing Authority (HA), requested to be 
waived from fiscal year (FY) 2016 physical inspections and physical 
condition scoring of property/units for its fiscal year end (FYE) of 
March 31, 2016. The HA is located within the Lafayette Parish, 
impacted by the 2016 Louisiana severe flooding, and was 
Presidentially-Declared Federal Disaster Area.
    Pursuant to 24 CFR 5.110, the HA was granted a waiver for good 
cause of its 2016 physical inspection and its 2016 PHAS physical 
condition indicator score for the FYE March 31, 2016. The HA was 
advised that March 31, 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 902.22 and 902.25.
    Project/Activity: Housing Authority of the Town of Erath 
(LA047).
    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 Granted: December 16, 2016.
    Reason Waived: The Housing Authority of the Town of Erath (HA), 
requested to be waived from fiscal year (FY) 2016 physical 
inspections and physical condition scoring of property/units for its 
fiscal year end (FYE) of December 31, 2016. The HA is located within 
the Vermilion Parish, impacted by the 2016 Louisiana severe 
flooding, and was Presidentially-Declared Federal Disaster Area. 
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good cause 
of its 2016 physical inspection and its 2016 PHAS physical condition 
indicator score for the FYE December 31, 2016. The HA was advised 
that December 31, 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 902.22 and 902.25.
    Project/Activity: Housing Authority of the City of Eunice 
(LA025).
    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 Granted: December 16, 2016.
    Reason Waived: The Housing Authority of the City of Eunice (HA), 
requested to be waived from fiscal year (FY) 2016 physical 
inspections and physical condition scoring of property/units for its 
fiscal year end (FYE) of September 30, 2016. The HA is located 
within the St. Landry Parish, impacted by the 2016 Louisiana severe 
flooding, and was Presidentially-Declared a Federal Disaster Area. 
Pursuant to 24 CFR 5.110, the HA was granted a waiver for good cause 
of its 2016 physical inspection and its 2016 PHAS physical condition 
indicator score for the FYE September 30, 2016. The HA was 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.

[FR Doc. 2017-06198 Filed 3-28-17; 8:45 am]
BILLING CODE 4210-67-P
15536 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices

Granted By: Edward L. Golding, Principal Project/Activity: Teaneck Senior Housing, the contact person that immediately follows
Deputy Assistant Secretary for Housing. Teaneck, NJ, Project Number: 031–EE077/ the description of the waiver granted.
Date Granted: October 27, 2016. NJ39–S091–004. • Regulation: 24 CFR 982.503.
Reason Waived: Necessary to effectuate the Nature of Requirement: Section 891.130(a) Project/Activity: Chattanooga Housing
Federal Financing Bank (FFB) Risk Sharing prohibits Officers or Board members of either Authority in Chattanooga, Tennessee,
Initiative between Housing and Urban the Sponsor or the Owners (or Borrowers, as requested a waiver of 24 CFR 982.503 so that
Development and the Treasury Department/ applicable) to have any financial interest in it could continue using Small Area Fair
FFB announced in Fiscal Year 2014. The any contract with the Owner or in any firm Market Rents (SAFMR) beyond the end of the
approval and execution of the FFB Risk which has a contract with the Owner. This demonstration period.
Sharing Agreement will facilitate the restriction applies as long as the individual Nature of Requirement: 24 CFR 982.503
expansion of the program to increase the is serving on the Board and for a period of establishes the regulatory requirement for the
supply of affordable rental housing and to three years following resignation or final setting of payment standards and schedules
assist in the preservation of existing of rental closing, whichever occurs later. for the Housing Choice Voucher program.
housing. Under this Initiative, FFB provides Granted By: Edward L. Golding, Principal Granted By: Lourdes Castro Ramı́rez,
capital to participating Housing Finance Deputy Assistant Secretary for Housing. Principal Deputy Assistant Secretary for
Agencies (HFAs) to make multifamily loans Date Granted: October 24, 2016. Public and Indian Housing.
insured under the FHA Multifamily Risk Reason Waived: The integrity of the Date Granted: November 22, 2016.
Sharing Program. Section 202 or Section 811 program is not Reason Waived: This regulation was
Contact: Daniel J. Sullivan, Acting jeopardized and the service to be provided waived since without a waiver, the agency
would not otherwise be readily available. would have to cease using SAFMRs which
Director, Office of Multifamily Production,
They meet HUD requirements. had been in effect since October 2012 and
Office of Housing, Department of Housing
Contact: Alicia Anderson, Branch Chief, could present a hardship on families.
and Urban Development, 451 7th Street SW.,
Grants and New Funding, Office of Housing, Contact: Becky Primeaux, Housing
Room 6134, Washington, DC 20410,
Department of Housing and Urban Voucher Management and Operations
telephone (202) 402–6130.
Development, 451 7th Street SW., Room Division, Office of Public Housing and
• Regulation: 24 CFR 290.30(a).
6138, Washington, DC 20410, telephone (202) Voucher Programs, Office of Public and
Project/Activity: Miramar Court
402–5787. Indian Housing, Department of Housing and
Apartments, FHA Project Number 012–
57123V, Bronx, New York. LRF Housing • Regulation: 24 CFR 891.165. Urban Development, 451 7th Street SW.,
Project/Activity: VOA Living Center of Room 4216, Washington, DC 20410,
Associates, L.P. (Owner) seeks approval to telephone (202) 708–0477.
Lake City, Lake City, FL, Project Number:
waive the non-competitive sale of a HUD- • Regulation: 24 CFR 982.503.
063–HD030/FL29–Q101–004.
held multifamily mortgage. Project/Activity: Housing Authority of
Nature of Requirement: Section 891.165
Nature of Requirement: The regulation at Cook County in Chicago, Illinois, requested
provides that the duration of the fund
24 CFR 290.30(a), which governs the sale of a waiver of 24 CFR 982.503 so that it could
reservation of the capital advance is 18-
HUD-held mortgages, states that ‘‘[e]xcept as continue using Small Area Fair Market Rents
months from the date of issuance with
otherwise provided in Section 290.31(a)(2), (SAFMR) beyond the end of the
limited exceptions up to 36 months, as
HUD will sell HUD-held multifamily demonstration period.
approved by HUD on a case-by-case basis.
mortgages on a competitive basis.’’ Nature of Requirement: 24 CFR 982.503
Granted By: Edward L. Golding, Principal
Granted by: Edward L. Golding, Principal establishes the regulatory requirement for the
Deputy Assistant Secretary for Housing.
Deputy Assistant Secretary for Housing, H setting of payment standards and schedules
Date Granted: December 13, 2016.
Date Granted: November 14, 2016. Reason Waived: Additional time was for the Housing Choice Voucher program.
Reason Waived: The owner requested and needed to review the initial closing package. Granted By: Lourdes Castro Ramı́rez,
was granted a waiver of the non-competitive Contact: Alicia Anderson, Branch Chief, Principal Deputy Assistant Secretary for
sale of a HUD-held multifamily mortgage. A Grants and New Funding, Office of Housing, Public and Indian Housing.
waiver allows the Department to assign the Department of Housing and Urban Date Granted: November 22, 2016.
mortgage to the owner’s new mortgagee to Development, 451 7th Street SW., Room Reason Waived: This regulation was
avoid paying mortgage recording tax in the 6138, Washington, DC 20410, telephone (202) waived since without a waiver, the agency
State of New York. 402–5787. would have to cease using SAFMRs which
Contact: Cindy Bridges, Senior Account • Regulation: 24 CFR 891.165. had been in effect since October 2012 and
Executive, Office of Housing, Department of Project/Activity: Rosa Parks II Senior could present a hardship on families.
Housing and Urban Development, 451 7th Housing, San Francisco, CA, Project Number: Contact: Becky Primeaux, Housing
Street SW., Room 6168, Washington, DC 121–EE225/CA39–S101–002. Voucher Management and Operations
20410, telephone (202) 402–2603. Nature of Requirement: Section 891.165 Division, Office of Public Housing and
• Regulation: 24 CFR 891.100(d). provides that the duration of the fund Voucher Programs, Office of Public and
Project/Activity: VOA Living Center of reservation of the capital advance is 18- Indian Housing, Department of Housing and
Lake City, Lake City, FL, Project Number: months from the date of issuance with Urban Development, 451 7th Street SW.,
063–HD030/FL29–W101–004. limited exceptions up to 36 months, as Room 4216, Washington, DC 20410,
Nature of Requirement: Section 891.100(d) approved by HUD on a case-by-case basis. telephone (202) 708–0477.
prohibits amendment of the amount of the Granted By: Edward L. Golding, Principal • Regulation: 24 CFR 982.503(a) and (c)(2).
approved capital advance funds prior to Deputy Assistant Secretary for Housing. Project/Activity: San Francisco Housing
closing. Date Granted: December 28, 2016. Authority in San Francisco, California,
Granted By: Edward L. Golding, Principal Reason Waived: Additional time was requested a waiver of these regulations so
Deputy Assistant Secretary for Housing. needed for the Tax Credit Limited Partners to that it could allow payment standards of 120
Date Granted: November 18, 2016. pay the Owner its contributions in May 2017 percent of the 2017 50th percentile fair
Reason Waived: The project is for the construction loan. market rents for its HUD–VASH families.
economically designed and comparable in Contact: Alicia Anderson, Branch Chief, Nature of Requirement: These regulations
cost to similar projects in the area, and the Grants and New Funding, Office of Housing, limit the amount of exception payment
sponsor/owner has exhausted all efforts to Department of Housing and Urban standards that may be established for the
mstockstill on DSK3G9T082PROD with NOTICES

obtain additional funding from other sources. Development, 451 7th Street SW., Room public housing agency.
Contact: Alicia Anderson, Branch Chief, 6138, Washington, DC 20410, telephone (202) Granted By: Lourdes Castro Ramı́rez,
Grants and New Funding, Office of Housing, 402–5787. Principal Deputy Assistant Secretary for
Department of Housing and Urban Public and Indian Housing.
Development, 451 7th Street SW., Room III. Regulatory Waivers Granted by the Date Granted: December 21, 2016.
6138, Washington, DC 20410, telephone (202) Office of Public and Indian Housing Reason Waived: Higher payment standards
402–5787. For further information about the following were warranted since the utilization of HUD–
• Regulation: 24 CFR 891.130(a). regulatory waivers, please see the name of VASH vouchers was only 70 percent and the

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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		82 FR 15532