Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2020
| Published date | 19 November 2020 |
| Record Number | 2020-25476 |
| Section | Notices |
| Court | Housing And Urban Development Department |
Federal Register, Volume 85 Issue 224 (Thursday, November 19, 2020)
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73732-73743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25476]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6210-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2020
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: 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 the HUD Reform Act. This notice contains a list of regulatory
waivers granted by HUD during the period beginning on April 1, 2020 and
ending on June 30, 2020.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500,
telephone 202-708-5300 (this is not a toll-free number). Persons with
[[Page 73733]]
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 second quarter of calendar year 2020.
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 April
1, 2020 through June 30, 2020. 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 second quarter of
calendar year 2020) before the next report is published (the third
quarter of calendar year 2020), HUD will include any additional waivers
granted for the second quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
The Principal Deputy General Counsel, Michael B. Williams,
having reviewed and approved this document, is delegating the
authority to electronically sign this document to submitter, Aaron
Santa Anna, who is the Federal Register Liaison for HUD, for
purposes of publication in the Federal Register.
Aaron Santa Anna,
Associate General Counsel for Legislation & Regulations.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2020 Through June
30, 2020
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 Government National Mortgage
Association
III. Regulatory Waivers Granted by the Office of 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) and (k), 24 CFR
91.115(c)(2) and (i), and, 24 CFR 91.235(e) and 24 CFR 91.401.
Project/Activity: Citizen participation reasonable notice and
opportunity to comment.
Nature of Requirement: The regulations set forth citizen
participation requirements for participating jurisdictions. For
substantial amendments to the consolidated plan, a participating
jurisdiction to follow its citizen participation plan, which must
state how reasonable notice and opportunity for public comment will
be given.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver permits participating jurisdictions
amending their consolidated plans as a result of the COVID-19
pandemic to reduce the comment period to 5 days. Given the
unprecedented economic disruptions caused by the COVID-19 pandemic,
participating jurisdictions may need to expeditiously reprogram HOME
funds to activities that more directly meet their immediate housing
needs. Requiring these participating jurisdictions to complete the
required public comment period would cause undue delays in the face
of urgent and growing need.
Applicability: The waiver is in effect for any necessary
substantial amendments to Fiscal Year 2020 and earlier consolidated
plans or action plans and to any approved Annual Action Plan being
amended. The waiver is available to all HOME participating
jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i), and, 24 CFR 91.235(e) and 24 CFR 91.401.
Project/Activity: Citizen participation reasonable notice and
opportunity to comment.
Nature of Requirement: The regulations set forth citizen
participation requirements for participating jurisdictions. For
substantial amendments to the consolidated plan, a
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participating jurisdiction to follow its citizen participation plan,
which must state how reasonable notice and opportunity for public
comment will be given.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver permits participating jurisdictions
amending their consolidated plans as a result of the COVID-19
pandemic to reduce the comment period to 5 days. Given the
unprecedented economic disruptions caused by the COVID-19 pandemic,
requiring t participating jurisdictions to complete the required
public comment period would cause undue delays in commencing tenant-
based rental assistance programs to address an urgent and growing
need.
Applicability: The waiver applies to any approved Annual Action
Plan being amended to reprogram funds to TBRA to address housing
needs related to the COVID-19 pandemic. The waiver is available to
all HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulations: 24 CFR 91.220, 24 CFR 91.320.
Project/Activity: Housing and homeless needs assessment, housing
market analysis, and strategic plan in Consolidated Plan, and action
plans to the extent they are limited to a specific program year.
Nature of Requirement: 42 U.S.C. 12705(a)(2) requires that
grantees submit and provide updates to a comprehensive housing
affordability strategy, which contains a housing and homeless needs
assessment, housing market analysis, and strategic plan, in order to
receive CDBG funds. 24 CFR 91.220 for entitlement communities and 24
CFR 91.320 for states require that grantees incorporate the
statutory comprehensive housing affordability strategy requirements
in their annual action plans.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 9, 2020.
Reason Waived: To expedite grantees' use of CDBG-CV funds, HUD
is waiving the requirements at 42 U.S.C. 12705(a)(2) to the extent
it requires updates to the housing and homeless needs assessment,
housing market analysis, and strategic plan, and 24 CFR 91.220 and
91.320 to the extent the action plan is limited to a specific
program year to permit grantees to prepare substantial amendments to
their most recent annual action plan, including their 2019 annual
action plan.
Applicability: The statutory comprehensive housing affordability
strategy requirements are waived to allow grantees to prepare
substantial amendments to their most recent annual action plan. In
their amended annual action plans, grantees must identify the
proposed use of all funds and how the funds will be used to prevent,
prepare for, and respond to coronavirus.
Contact: James H[ouml]emann, Office of Block Grant Assistance,
Entitlement Communities Division, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202)
402-5716.
Regulation: 24 CFR 91.520(a).
Project/Activity: The Consolidated Annual Performance and
Evaluation Report (performance report) submission to HUD within 90
days after the close of a jurisdiction's program year.
Nature of Requirement: The regulation at 24 CFR 91.520(a)
requires each grantee to submit a performance report to HUD within
90 days after the close of the grantee's program year.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: May 7, 2020.
Reason Waived: Under the authority at 24 CFR 91.600, HUD is
authorized to waive this requirement when a determination of good
cause is made and supported by documentation. Given the outbreak of
the coronavirus known as SARS-CoV-2 and the extenuating
circumstances placed on state and local governments, and citizens,
HUD has determined that there is good cause for waiving this
provision. The extenuating circumstances and administrative strain
supporting this waiver are well documented in the broad public news
coverage related to the outbreak.
Applicability: For program year 2019 CAPERs, the requirement
that grantees submit a performance report within 90 days after the
close of a jurisdiction's program year is waived, subject to the
condition that within 180 days after the close of a jurisdiction's
program year the jurisdiction shall submit its performance report.
Contact: James H[ouml]emann, Office of Block Grant Assistance,
Entitlement Communities Division, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202)
402-5716.
Regulation: 24 CFR 92.203(a)(1) and (2), and 24 CFR
92.64(a).
Project/Activity: Source documentation for HOME income
determinations.
Nature of Requirement: The regulations require initial income
determinations for HOME beneficiaries by examining source
documentation covering the most recent two months.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver permits the participating jurisdiction
to use self-certification of income in lieu of source documentation
to determine eligibility for HOME assistance of persons requiring
emergency assistance related to COVID-19. Many families affected by
actions taken to reduce the spread of COVID-19, such as business
closures resulting in loss of employment or lay-offs, will not have
documentation that accurately reflects current income and will not
be able to qualify for HOME assistance if the requirement remains
effective.
Applicability: This waiver is applicable to initial income
determinations for individuals and families that have lost
employment or income either permanently or temporarily due to the
COVID-19 pandemic and who are applying for admission to a HOME
rental unit or a HOME tenant-based rental assistance program. This
waiver also applies to homeless individuals and families who are
applying for admission to a HOME rental unit or a HOME tenant-based
rental assistance program. If a PJ chooses to use this waiver
availability, the PJ must ensure that self-certified income takes
into consideration all income, including any unemployment and
emergency benefits the applicant will receive. However, for purposes
of an applicant's self-certification, emergency tax relief (commonly
referred to as stimulus payments) is not to be included as an
emergency benefit. Also, the PJ must arrange to conduct on-site rent
and income reviews within 90 days after the waiver period. The PJ
must include tenant income certifications in each project file. This
requirement is waived through December 31, 2020, for rental
assistance provided in response to the COVID-19 pandemic. The waiver
is available to all HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.203(a)(2) and 24 CFR 92.64(a).
Project/Activity: Source documentation for HOME income
determinations.
Nature of Requirement: The regulations require the participating
jurisdiction to determine a tenant-based rental assistance tenant's
income by examining at least two months of source documentation
evidencing income and projecting anticipated income forward for the
next 12 months.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver permits the participating jurisdiction
to use self-certification of income in lieu of source documentation
to determine eligibility for HOME assistance of persons requiring
emergency rental assistance related to COVID-19. Given the rapid and
unanticipated economic disruptions caused by the COVID-19 pandemic,
source documentation from the past two months may not reflect the
current financial circumstances of many households. Requiring
participating jurisdictions to use source documentation would be
administratively burdensome, may not reflect current or anticipated
income, and may result in individuals and families being incorrectly
disqualified from receiving TBRA.
Applicability: This waiver is applicable to tenant-based rental
assistance provided to individuals and families experiencing
financial hardship. The PJ must ensure that
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the tenant's self-certification indicates how the tenant's financial
situation has changed (i.e., job loss or reduced wages), and include
all income, including any unemployment or emergency benefits
received by the tenant as a result of the pandemic. However, for the
purposes of a tenant's self-certification, emergency tax relief
(commonly referred to as stimulus payments) is not to be included as
an emergency benefit. The PJ must include tenant income
certifications in each project file. This requirement is waived
through December 31, 2020, for rental assistance provided in
response to the COVID-19 pandemic. The waiver is available to all
HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.205(e)(2) and 24 CFR 92.64(a).
Project/Activity: Four-year project completion deadline.
Nature of Requirement: The regulations require that projects
assisted with HOME funds be completed within four years of the date
that HOME funds were committed.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: This waiver is necessary to provide additional
time to permit completion of HOME-assisted projects that may be
delayed as a result of the impact of COVID-19 on project timelines.
Applicability: The waiver applies to projects for which the
four-year project completion deadline will occur on or after April
10, 2020. The completion deadlines for covered projects are extended
to December 31, 2020. The waiver is available to all HOME
participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(a) and (h) and 24 CFR
92.64(a).
Project/Activity: Eligible tenant-based rental assistance costs
and maximum TBRA subsidy.
Nature of Requirement: The regulations state that eligible TBRA
costs include rental assistance and security deposit payments made
to income-eligible households. Participating jurisdictions can also
use HOME funds to provide utility deposit assistance if such
assistance is provided in conjunction with TBRA or a security
deposit payment. The maximum amount of monthly assistance may not
exceed the difference between the participating jurisdiction's rent
standard and 30 percent of the tenant's monthly adjusted income.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver allows participating jurisdictions to
provide up to 100 percent subsidy for rent, security deposit
payments, and utility bills paid by tenants affected by a reduction
or loss of income from the COVID-19 pandemic. The COVID-19 pandemic
has caused widespread loss or reduction of income, significantly
affecting the financial stability of households, including existing
TBRA families, and rendering many unable to pay rent and/or
utilities. As individuals experience financial hardship, the amount
of assistance required to ensure they remain housed will often
exceed the participating jurisdiction's payment standard.
Individuals may be unable to pay the participating jurisdiction's
minimum required tenant contribution toward rent.
Applicability: This waiver is applicable to TBRA provided to
individuals or families experiencing financial hardship, including
existing TBRA families. PJs using this waiver authority must execute
a rental assistance contract with the owner or tenant for a term
mutually agreed upon by all parties, but not to exceed the December
31, 2020, waiver period. The PJ may make utility payments directly
to the tenant or utility company based on utility bills submitted
for the assisted unit, either by mail or electronically. The waiver
applies through December 31, 2020. The waiver is available to all
HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(e) and 24 CFR 92.64(a).
Project/Activity: Term of rental assistance contract.
Nature of Requirement: The regulations state requirements for
the term of rental assistance contracts, including that the term
must begin on the first day of the term of the lease.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver eliminates the requirement that the
rental assistance contract begin on the first day of the term of the
lease. This waiver is necessary to enable participating
jurisdictions to assist tenants that are currently housed, including
existing TBRA households, but have experienced sudden financial
hardship as a result of the COVID-19 pandemic. Because affected
households already have an executed lease, it is impossible for the
TBRA contract to begin on the first day of the term of the lease.
Applicability: This requirement is waived through December 31,
2020, for TBRA provided in response to the COVID-19 pandemic. The
PJ's requirement to execute a rental assistance contract with the
owner or tenant is not waived. PJs using this waiver authority must
execute a rental assistance contract with the owner or tenant for a
term mutually agreed upon by all parties, but not to exceed the
December 31, 2020, waiver period. The waiver is available to all
HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(f) and 24 CFR 92.64(a).
Project/Activity: HOME TBRA rent reasonableness.
Nature of Requirement: The regulations require that a
participating jurisdiction must disapprove a lease if the rent is
not reasonable, based on an assessment of rents charged for
comparable unassisted rental units.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver will permit participating
jurisdictions to provide immediate rental assistance without
requiring an assessment of rents charged for comparable unassisted
rental units. Given the unprecedented need for rental assistance for
individuals facing financial hardship during the pandemic, requiring
participating jurisdictions to conduct a rent comparison prior to
providing rental assistance presents an undue administrative burden.
Applicability: The waiver is applicable to TBRA provided to
individuals and tenant households experiencing financial hardship
because of a reduction or loss of income. The requirement is waived
through December 31, 2020. The waiver is available to all
participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(g) and 24 CFR 92.64(a).
Project/Activity: HOME TBRA tenant protections--lease.
Nature of Requirement: The regulations require that each HOME-
assisted tenant have a lease that complies with the tenant
protection requirements of 24 CFR 92.253(a) and (b).
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver will permit participating
jurisdictions to assist individuals currently housed but facing
financial hardship, where an executed lease is already in place.
During the COVID-19 pandemic, participating jurisdictions may assist
individuals that are already in rental units but are unable to pay
rent and/or utilities due to job loss or reduced wages. These
individuals already have an executed lease that may include one or
more of the prohibited lease terms included in 24 CFR 92.253(b).
Requiring participating jurisdictions to immediately execute or
amend leases creates an undue
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administrative burden and may disqualify some in-place tenants from
receiving TBRA.
Applicability: The requirement that a tenant assisted by TBRA
have a lease that complies with the requirements of 24 CFR 92.253(a)
and (b) is waived through December 31, 2020, for rental assistance
provided to tenants already housed who have an executed lease. PJs
using this waiver authority are required to execute a rental
assistance contract with the tenant for a term mutually agreed upon
by all parties, but not to exceed the waiver period ending on
December 31, 2020. PJs must still comply with all VAWA requirements
contained in 24 CFR 92.359 by including, at a minimum, a lease
addendum that addresses all VAWA requirements. The waiver is
available to all HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.209(i) and 24 CFR 92.64(a).
Project/Activity: HOME TBRA housing quality standards.
Nature of Requirement: The regulations require that all housing
occupied by households receiving HOME TBRA must meet the housing
quality standards (HQS) at 24 CFR 982.401. The participating
jurisdiction is required to inspect the unit for compliance prior to
occupancy and annually thereafter.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: This waiver will permit the participating
jurisdiction to rapidly house or assist individuals affected by the
COVID-19 pandemic without requiring an initial HQS inspection. The
COVID-19 pandemic has created an unprecedented need for rental
assistance for tenant households facing financial hardship.
Participating jurisdictions must act quickly to address these needs
and requiring HQS inspections of all units where HOME TBRA
assistance is provided would create an administrative burden and
reduce participating jurisdictions' ability to respond timely to the
housing needs created by the pandemic.
Applicability: The requirement is waived through December 31,
2020, for rental assistance provided in response to the COVID-19
pandemic. The waiver is available to all HOME participating
jurisdictions. The lead-safe housing requirements of 24 CFR part 35,
subpart M, made applicable to units leased by recipients of HOME
TBRA by the HOME regulation at 24 CFR 92.355, cannot be waived.
Consequently, units built before 1978 must undergo visual evaluation
and paint repair in accordance with 24 CFR part 35, subpart M.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.210(a) and (b) and 24 CFR
92.64(a).
Project/Activity: Use of HOME funds for operating reserves for
troubled HOME projects.
Nature of Requirement: The regulations establish provisions to
permit HOME rental projects that are not financially viable (i.e.,
projects for which operating costs significantly exceed operating
revenue) to be preserved through the use of HOME funds to
recapitalize project reserves. The regulations also require HUD to
review market needs, available resources, and the likelihood of
long-term viability of the project before approving this use of HOME
funds. In addition, a written memorandum of agreement between HUD
and the participating jurisdiction is a precondition of this funding
and the regulation places certain limitations on the amount of
funding.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: Participating jurisdictions will not be required
to obtain HUD approval or execute a memorandum of agreement with HUD
before providing this assistance. The waiver is necessary to enable
participating jurisdictions to take rapid action to preserve the
financial viability of HOME-assisted affordable rental projects
currently under a HOME period of affordability. Because existing
tenants in HOME units may be unable to meet their rent obligations
due to the economic impact of the COVID-19 pandemic, HOME rental
projects may experience operating deficits due to the sudden
decrease in rental revenue.
Applicability: The waiver applies to HOME-assisted rental
projects currently within the period of affordability established in
the HOME written agreement. PJs will not be required to obtain HUD
approval or execute a memorandum of agreement with HUD before
providing this assistance. PJs may only exercise this waiver
authority when the project owner agrees to forego: (1) Any
distributions of residual receipts resulting from the project
throughout the waiver period and for a period of 6 months
thereafter; (2) any right under the existing lease agreement or
State or local law to pursue legal action against tenants of HOME-
assisted units for non-payment of rent and the collection of any
fees associated with late payments without prior approval of the PJ;
and (3) any adverse credit reporting against tenants of HOME-
assisted units for nonpayment of rent or fees without prior approval
of the PJ.
The PJ may provide additional HOME funds to recapitalize
operating deficit reserves for HOME-assisted rental projects if the
PJ determines that the project is experiencing operating deficits
related to the economic effects of the COVID-19 pandemic during the
waiver period. The PJ may only provide this assistance to projects
experiencing operating deficits that will not be covered by
insurance or other sources (e.g., other private, local, state, or
federal funds).
The maximum amount of HOME assistance that may be provided is
equal to the total of the project's operating expenses, previously
scheduled payments to a replacement reserve, and actual debt service
(excluding debt service of loans in forbearance) multiplied by the
proportionate share of HOME-assisted units to the total number of
units in the project for the period beginning on April 1, 2020 and
ending on December 31, 2020. Project operating expenses may be
demonstrated by one of the following:
The Owner's most recent year to date financials for the
project;
Certified project-level accounting records covering the
most recent 3 months; and
Copies of project-level bank statements covering the
most recent 3 months.
Project operating expenses may also be adjusted due to COVID-19-
related expenditures and foregone expenses due to social distancing
measures and other COVID-19-related impacts. An owner may
demonstrate these expenses with recent receipts, copies of work
orders, revised budgets that have been certified by the project
owner as true, accurate representations of current expenditures.
In order to take advantage of this waiver, PJs must amend the
HOME written agreement with the project owner to include the amount
of HOME funds that will be provided to an operating reserve (i.e.,
the proportion of total costs attributable to HOME units as
described in the paragraph above), the costs eligible to be paid
with HOME funds in the operating reserve (i.e., operating expenses,
scheduled payments to a replacement reserve, and qualifying debt
service), and the documentation the PJ is required to maintain to
demonstrate the allowable amounts and eligibility of costs paid with
the HOME funds in the operating reserve.
The written agreement must specify that the owner must forego:
(1) Any distributions of residual receipts during the period this
waiver is in effect and for a period of 6 months thereafter; (2) any
right under the existing lease agreement or State or local law to
pursue legal action against tenants of HOME-assisted units for non-
payment of rent and the collection of any fees associated with late
payments without prior approval of the PJ; and (3) any adverse
credit reporting against tenants of HOME-assisted units for
nonpayment of rent or fees without prior approval of the PJ.
Within six months following the waiver period, the PJ must
review the project's records of actual revenue and operating
expenses, total amount of HOME funds expended from the operating
reserve, and the eligibility of expenses by examining invoices and
receipts. The written agreement must require the project owner to
repay any expenditures for costs determined to be ineligible and any
balance of HOME funds remaining in the reserve after December 31,
2020. Any HOME funds repaid to the PJ must be deposited in the local
HOME account and reported as program income in IDIS. The waiver is
effective through December 31, 2020.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
[[Page 73737]]
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: San Luis Obispo County, California, requested
a waiver of 24 CFR 92.252(d)(1) to allow use of the utility
allowance established by local public housing agency (PHA) for a
HOME-assisted project--Iron Works Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 8, 2020.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Los Angeles County, California, requested a
waiver of 24 CFR 92.252(d)(1) to allow use of the utility allowance
established by local public housing agency (PHA) for two HOME-
assisted projects--Francisquito Senior Apartments and Athens Vistas
Senior Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: May 11, 2020.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: The city of Santa Cruz, California, requested
a waiver of 24 CFR 92.252(d)(1) to allow use of the utility
allowance established by local public housing agency (PHA) for a
HOME-assisted project--Water Street Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: May 11, 2020.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Ventura County, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of the utility allowance
established by local public housing agency (PHA) for a HOME-assisted
project--Willett Ranch Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: May 11, 2020.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.252(d)(1) Utility Allowance
Requirements.
Project/Activity: Sonoma County, California, requested a waiver
of 24 CFR 92.252(d)(1) to allow use of the utility allowance
established by local public housing agency (PHA) for a HOME-assisted
project--Altamira Family Apartments.
Nature of Requirement: The regulation at 24 CFR 92.252(d)(1)
requires participating jurisdictions to establish maximum monthly
allowances for utilities and services (excluding telephone) and
update the allowances annually. However, participating jurisdictions
are not permitted to use the utility allowance established by the
local public housing authority for HOME-assisted rental projects for
which HOME funds were committed on or after August 23, 2013.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: June 3, 2020.
Reason Waived: The HOME requirements for establishing a utility
allowances conflict with Project Based Voucher program requirements.
It is not possible to use two different utility allowances to set
the rent for a single unit and it is administratively burdensome to
require a project owner establish and implement different utility
allowances for HOME-assisted units and non-HOME assisted units in a
project.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.254(a)(3) and 24 CFR 92.64(a).
Project/Activity: Nine-month deadline for sale of HOME-assisted
homebuyer units
Nature of Requirement: The regulations require that a homebuyer
housing unit developed with HOME funds have a ratified contract for
sale to an eligible homebuyer within nine months of the date of
completion of construction or rehabilitation.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: Many participating jurisdictions will not be able
to meet this deadline due to the effect the COVID-19 pandemic will
have on the ability of eligible households to qualify for mortgages
as a result of income losses or the inability to schedule
inspections, title searches, or closings during periods of business
closures.
[[Page 73738]]
The waiver is necessary to prevent the loss of homeownership
opportunities for HOME-eligible families and temporarily suspend the
required corrective action of repayment of HOME funds or conversion
of the homebuyer units to rental housing.
Applicability: The waiver applies to projects for which the
nine-month homebuyer sale deadline occurs on or after the date of
this memorandum and extends the deadline for those projects to
December 31, 2020. This waiver does not apply to the remaining
requirements of the regulation, including that a homebuyer must
receive housing counseling, and that a PJ must determine eligibility
of a family by including the income of all persons living in the
housing. The waiver is available to all HOME participating
jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.504(d)(1)(ii) and 24 CFR
92.64(a).
Project/Activity: On-site inspections of HOME-assisted rental
housing.
Nature of Requirement: The regulations require that during the
period of affordability participating jurisdictions perform on-site
inspections of HOME-assisted rental housing at least once every
three years to determine compliance with the property standards and
to verify the information submitted by the owners in accordance with
the income and rent requirements.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: Waiving the requirement to perform ongoing on-
site inspections will help protect participating jurisdiction staff
and limit the spread of COVID-19. To protect participating
jurisdiction staff and reduce the spread of COVID-19, this waiver
extends the timeframe for participating jurisdictions to perform on-
going periodic inspections and on-site reviews to determine a HOME
rental project's compliance with property standards and rent and
income requirements.
Applicability: The waiver is applicable to ongoing periodic
inspections and does not waive the requirement to perform initial
inspections of rental properties upon completion of construction or
rehabilitation. The waiver is also applicable to on-site reviews to
determine a HOME rental project's compliance with rent and income
requirements if the project owner is unable to make documentation
available electronically. The waiver is in effect through December
31, 2020. The waiver is available to all HOME participating
jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.504(d)(1)(iii); 24 CFR 92.209(i)
and 24 CFR 92.64(a).
Project/Activity: Annual inspection of units occupied by
recipients of HOME tenant-based rental assistance (TBRA).
Nature of Requirement: The regulations require participating
jurisdictions to annually inspect each unit occupied by a recipient
of HOME TBRA.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: Waiving the requirement that these annual
inspections be performed according to schedule will protect the
health of both inspectors and TBRA tenants by observing physical
distancing recommendations to limit the spread of COVID-19.
Applicability: The waiver is applicable to annual housing
quality standards inspections required to occur from April 10, 2020,
through December 31, 2020. PJs shall make reasonable efforts to
address any tenant reported health and safety issues during the
waiver period. The waiver is available to all HOME participating
jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 92.551(b)(1) and 24 CFR 92.64(a).
Project/Activity: Timeframe for a HOME participating
jurisdiction's response to findings of noncompliance.
Nature of Requirement: The regulations require that if HUD
determines that a participating jurisdiction has not met a provision
of the HOME regulations, the participating jurisdiction must be
notified and given an opportunity to respond within a time period
prescribed by HUD, not to exceed 30 days.
Granted By: John Gibbs, Acting Assistant Secretary for Community
Planning and Development.
Date Granted: April 10, 2020.
Reason Waived: The waiver is necessary to permit HUD to provide
participating jurisdictions with an extended period to respond to
findings of noncompliance in recognition of the unanticipated
circumstances created by the COVID-19 pandemic. Requiring
participating jurisdictions to respond to all findings of
noncompliance within 30 days may interfere with a participating
jurisdiction's ability to address the unprecedented housing needs
caused by the COVID-19 pandemic.
Applicability: The waiver applies to all findings of HOME
regulatory noncompliance issued from April 10, 2020, through
December 31, 2020. In the notice of findings, HUD will specify a
time period for the participating jurisdiction's response. HUD may
also extend time periods imposed before April 10, 2020. The waiver
is available to all HOME participating jurisdictions.
Contact: Virginia Sardone, Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7160, Washington, DC 20410, telephone (202) 708-2684.
II. Regulatory Waivers Granted by the Office of Government National
Mortgage Association
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 320.15(a). Project/Activity:
Regulatory Waiver of Issuer Default Status in Connection with The
Pass-Through Assistance Program Related To The COVID-19 National
Emergency.
Nature of the Requirement: The regulation at 24 CFR 320.15(a)
establishes that any failure or inability of the issuer to make
payments as due, as well as such other events as may be identified
by the Association and included in the applicable guaranty
agreement, contractual agreement or MBS Guide, shall constitute a
default of the issuer.
Granted By: Seth D. Appleton, Principal Executive Vice
President, Ginnie Mae.
Date Granted: April 10, 2020.
Reason Waived: On March 13, 2020, the President declared a
National Emergency related to the COVID-19 pandemic. For the first
time, with the COVID-19 National Emergency, Ginnie Mae is facing a
situation in which the potential liquidity threat from the emergency
has virtually no limitations within the universe of approved
Issuers. Because of statutory changes by Congress, such as CARES
Act, Public Law 116-136, and policy changes by the insuring and
guaranteeing agencies made in response to the COVID-19 National
Emergency, it is conceivable that a broad cross section of non-bank
Issuers participating in the Ginnie Mae program would seek
assistance as the result of liquidity concerns and inability to make
payments as due. Ginnie Mae's program allows for the pass-through
assistance (PTAP) in limited situations. Given the potential number
of issuers that may be impacted, Ginnie Mae has determined that this
situation warrants a regulatory waiver because the potential breadth
and scale of the impact, and subsequent need for assistance, makes
it impractical--and unwise--to assume that there would be no
negative impact on the secondary mortgage market if a large number
of issuers are declared to be in default because of financial
challenges caused by statutes and policies related to a
Presidentially-declared National Emergency. Therefore, modifying the
definition of default as inapplicable to issuers that request PTAP
assistance due to COVID-19 National Emergency is reasonable to meet
Ginnie Mae's statutory mission to provide stability in the secondary
market for residential mortgages.
Contact: Rene Mondonado, Director, Monitoring & Asset
Management, Office of Issuer & Portfolio Management, Government
National Mortgage Association, Department of Housing and Urban
Development, 425 Third St. SW, 4th FL, Washington, DC 20024,
Telephone (202) 475-7992.
[[Page 73739]]
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 the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801 (c)(2).
Project/Activity: Financial Statement Due Date.
Nature of Requirement: For specified Multifamily and Residential
Care Borrowers otherwise required to submit Annual Financial
Statements on or before June 30, 2020, extend the due date of the
Borrower Annual Financial Statements to September 30, 2020, and as
otherwise provided by law.
Granted By: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 25, 2020.
Reason Waived: Due to COVID-19 National Health Emergency the
Borrower Annual Financial Statements have been extended by 90-days.
Contact: Brandt Witte, Program Analyst, Multifamily Asset and
Counterparty Oversight Division, Office of Housing, Office of Asset
Management and Portfolio Oversight, Department of Housing and Urban
Development, 451 Seventh Street SW, Room, telephone (202) 402-2614.
Regulation: 24 CFR 200.73 (c).
Project/Activity: Henderson Heights Apartment, Hendersonville,
North Carolina, Project No. 053-11454.
Nature of Requirement: HUD's regulation at 24 CFR 200.73 (c)
requiring that ``not less than five rental dwelling units [of an FHA
insured multifamily housing project] shall be on one site. The
Housing Authority has and will continue to manage the project post-
conversion. Henderson Heights consists of 19 residential parcels
with 164 buildings with a total of 352 units. The cluster of units/
projects were acquired by HHA over a 22-year period. Two satellite
sites are located north and west of Hendersonville and are not
located within the city limits. The units were acquired and/or
developed in seven phases/projects between 1960 and 1982. Out of the
19 parcels, 4 parcels are non-conforming as they each contain fewer
than 5 units. The 4 non-conforming parcels contain a total of 12
units. All the non-conforming parcels are located within the City of
Hendersonville in close proximity to the larger, conforming parcels.
Three of the parcels are located on the same street within a block
of each other.
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 22, 2020.
Reason Waived: The waiver will meet HUD's goal of preserving and
maintaining affordable rental housing for low income families. The
proposed FHA-insured loan/RAD conversion will preserve and
rehabilitate necessary affordable housing and will contribute to the
revitalization of this Hendersonville community.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410-
8000, telephone (202) 402-5693.
Regulation: 24 CFR 200.73 (c).
Project/Activity: Neighborhood Apartments, Kalamazoo, Michigan,
Project No. 047-11246.
Nature of Requirement: HUD's regulation at 24 CFR 200.73 (c)
requiring that ``not less than five rental dwelling units [of an FHA
insured multifamily housing project] shall be on one site. All sites
composing the Neighborhood Apartment project are located in one
neighborhood outside downtown Kalamazoo. The project constitutes one
manageable, marketable real estate asset. The project offers 12 one
bedroom/one bath units and 32 two bedroom/one bath housed within 11
one-story and two-story buildings. The project consists of three
one-story buildings and seven two-story buildings located on 8
separate scattered sites. Two of the parcels are contiguous and
contain two units each. One parcel contains 4 units. The remaining 5
parcels all contain 5 or more units.
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 23, 2020.
Reason Waived: The waiver will meet HUD's goal of preserving and
maintaining affordable rental housing for low income families. The
proposed FHA-insured loan/RAD conversion will preserve and
rehabilitate necessary affordable housing and will contribute to the
revitalization of this Kalamazoo community.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 200.73(c).
Project/Activity: Satchmo Plaza, New Orleans, LA, Project No.
064-11213.
Nature of Requirement: The 24 CFR part 200.73 (c) which states
that a site must contain no less than five rental dwelling units.
Section 3.1.CC of the 2016 MAP Guide permits a project with two or
more non-contiguous parcels of land when the parcels comprise one
marketable, manageable real estate entity. Bedford Lending
Corporation has applied for mortgage insurance under the Section
223(f) program to refinance Satchmo Plaza. The proposal is to
combine two separate, scattered site, Section 8 assisted properties
known as Satchmo Plaza and Armant Plaza into a single manageable
property consisting of 46 total units and to be known as Satchmo
Plaza. The projects are now owned by mortgagors controlled by the
same non-profit entity. The existing Satchmo Plaza is 7 buildings on
5 sites totaling 30 units. It is a Section 202 property for the
elderly. The existing Armant Plaza is 8 buildings on 3 sites with a
total of 16 units. Armant is assisted with HOME/CDBG funds but is
not presently age restricted. All of the combined scattered sites (8
sites, 15 buildings) are located in the same neighborhood near
downtown New Orleans. Of the 8 sites, 4 have less than five units.
The mortgage amount is $2,668,000.
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 24, 2020.
Reason Waived: The waiver will meet HUD's goal of preserving and
maintaining affordable rental housing for low income families. The
proposed FHA-insured loan/RAD conversion will preserve and
rehabilitate necessary affordable housing and will contribute to the
revitalization of this New Orleans community.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 200.194(d).
Project/Activity: FHA Single Family Waiver for Non-Profit Roster
Recertification.
Nature of Requirement: Under 24 CFR 200.194 (d), HUD-approved
nonprofit organizations must reapply for approval before the
expiration of an existing 2-year authorization term to continue
participating in FHA programs. Approximately 30 HUD-approved non-
profit organizations that have been impacted by the COVID-19
pandemic are within 90-120 days of their approval or recertification
date.
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 20, 2020.
Reason Waived: A temporary 120-day extension makes it possible
for FHA-approved non-profit organizations to operate without
disruption during the COVID-19 pandemic. The temporary waiver is
consistent with the Departments mission to promote and support
affordable housing objectives and it does not violate any statutory
requirements.
Contact: Kevin Stevens, Acting Director, Office of Single Family
Program Development, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW, Room 9266, Washington, DC
20410, telephone (202) 402-4317.
Regulation: 24 CFR 203.255(b)(11).
Project/Activity: COVID-19 Certification and Pre-Endorsement
Review Requirements for The United States and Its Surrounding
Territories.
Nature of Requirement: The U.S. Department of Housing and Urban
Development's (HUD) regulation at 24 CFR 203.255(b) addresses the
documentation that must be submitted to HUD for mortgages originated
under the Direct Endorsement and Lender Insurance Programs.
Additionally, subsection 203.255(b)(11) requires a mortgage
certification on a form prescribed by the Secretary, stating that
the authorized representative of the mortgagee has reviewed the
mortgage documents and certifies that the mortgage complies with the
requirements of paragraph (b) incorporating all certification items
that apply to the mortgage loan as set forth in the applicable
handbook (i.e., HUD Handbook 4000.1). The referenced prescribed form
is Form HUD 92900-A. A mortgagee must certify at the time of
insurance endorsement the loan is in compliance with all FHA
origination and underwriting requirements including that the
borrower's employment status and ability to make mortgage payments
is accurate.
[[Page 73740]]
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 3, 2020.
Reason Waived: The waiver of the requirement in 24 CFR
203.255(b)(11) that states the mortgagee must certify, as prescribed
on the 92900-A, at the time of insurance endorsement that the loan
is in compliance with all FHA origination and underwriting
requirements solely to the extent that the borrower's employment
status and ability to make mortgage payments, will permit the
mortgagee that grants the borrower an Accommodation as defined at
4021 of the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) for forbearance of mortgage payments, after closing of
the mortgage transaction to be in compliance with all FHA
origination and underwriting requirements.
Contact: Kevin Stevens, Acting Director Single Family Program
Development, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 9266, Washington, DC 20410,
telephone (202) 402-4317.
Regulation: 24 CFR 219.220(b).
Project/Activity: City View Park Walnut I, FHA Project Number
083-14002; City View Park Chestnut II, FHA Project Number 083-12004;
and City View Park Acorn III, FHA Project Number 083-12005,
Louisville, KY. The owner of City View Park I, II, and III 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: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: January 31, 2020.
Reason Waived: The owner requested and was granted 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 40
years through the execution and recordation of a Rental Use
Agreement.
Contact: Walter D. Wynn, Director, FAMD, Office of Housing,
Department of Housing and Urban Development, 451 7th Street SW, Room
6164, Washington, DC 20410, telephone (202) 402-2231.
Regulation: 24 CFR 242.17(c)(2).
Project/Activity: Maimonides Medical Center, Brooklyn, New York.
Nature of Requirement: 24 CFR 242.17(c)(2) prohibits FHA from
extending Commitments for Insurance of Advances for more than 180
days following the original commitment date.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 28, 2020.
Reason Waived: Initial Endorsement of Maimonides Medical
Center's supplement (Section 241) loan was delayed due to the Covid-
19 pandemic. The waiver allowed the Federal Housing Administration
to schedule closing of Maimonides Medical Center's supplemental
(Section 241) construction loan for August 2020.
Contact: Paul Giaudrone, Underwriting Director, Office of
Hospital Facilities, Office of Healthcare Programs, Office of
Housing, Department of Housing and Urban Development, 409 3rd Street
SW, Washington, DC 20024, telephone (202) 708-0599 Ext. 5684.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Massachusetts Housing Partnership (MHP) The
Department requires, in 24 CFR 266.200(b)(2), Substantial
Rehabilitation, that substantial rehabilitation (S/R) is defined as
any combination of the following work to an existing facility of a
project that aggregates to at least 15 percent of the project's
value after the rehabilitation and that results in material
improvement of the project's economic life, livability,
marketability, and profitability. Boston, Massachusetts. There is no
project number.
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2),
Substantial Rehabilitation. The waiver would permit Mass Housing
Partnership (MHP) to use the revised definition published in the
Revised MAP Guide 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 High Cost Factors for 2019 were published through a Housing
Notice (HN) on May 20, 2019, and the revised statutory limits were
recently published in the Federal Register on January 1, 2018. The
2019 base dwelling unit amount to determine substantial
rehabilitation for FHA insured loan programs has been increased from
$15,933 (changed from $6,500 per unit in the 2016 MAP guide) to
$15,933. This amount will change annually based upon the change in
the annual Consumer Price Index (CPI), along with the statutory
limits or other inflation cost index published by HUD.
The regulatory waiver is subject to the following conditions:
1. The waiver is limited to forty-eight (48) projects and
expires on December 31, 2023 for waiver request related to
regulation 24 CFR 266.200(b)(2) and (c)(2).
2. MHP must elect to take 50 percent or more of the risk of loss
on all transactions.
3. Mortgages made under this waiver may have amortization
periods of up to 40 years, but with a minimum term of 17 years.
4. All other requirements of 24 CFR 266.410--Mortgage Provision
remain applicable. The waiver is applicable only to loans made under
MHP's Risk Sharing Agreement.
5. Projects must comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225.
6. MHP must comply with regulations stated in 24 CFR 266.210 for
insured advances or insurance upon completion transactions.
7. The loans exceeding $50 million require a separate waiver
request.
8. Occupancy is no less than 93 percent for previous 12 months.
9. No defaults in the last 12 months of the HFA loan to be
refinanced.
10. A 20-year affordable housing deed restriction placed on
title that conforms to the Section 542(c) statutory definition.
11. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
12. 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 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
MHP determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, MHP 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.
Granted By: Len Wolfson, Acting Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: June 30, 2020.
Reason Waived: The Department is approving your request for
forty-eight (48) insured under the 542(c) HFA Risk Sharing Program
expiring on December 31, 2023. The waiver of 24 CFR 266.200(b)(2)
would permit MHP to use the revised definition published in the
Revised MAP Guide 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*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.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: The Waiver of 24 CFR 266.200(c)(2), Existing
Project ``Equity Take-out'', that the refinancing of HFA refinance
loan is permissible if the preservation is the result, with certain
conditions: (1) Occupancy at least 93 percent for previous 12
months; (2) underwrite to the lower of
[[Page 73741]]
Section 8 or market rents; (3) no equity take-outs: Risk sharing
loan cannot exceed sum of existing indebtedness, cost of repairs,
and transaction costs; (4) no defaults in the last 12 months of HFA
loans. This waiver's Massachusetts Housing Partnership (MHP) in
Boston, Massachusetts, no project name, or number listed.
Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2),
Existing Projects ``Equity Take-outs''. The waiver of 24 CFR
266.200(c)(2) would permit equity take-outs for any existing
property, including both MHP-financed developments and those outside
of MHP's portfolio, to be refinanced by MHP, where MHP and HUD split
the risk of loss 50/50.
In order to mitigate risk to FHA, ensure affordability of
projects, loans to be refinanced cannot have been in default in the
12 months prior to the date of application for refinancing, the
owner must agree to renew the HAP contract for a 20-year term, if
applicable, existing and post-refinance HAP residual receipts must
be set aside to be used to reduce future HAP payments, the property
must be maintained as affordable housing for a period of at least 20
year, regardless of whether the loan is prepaid, and a capital needs
assessment must be performed and funds escrowed for all necessary
repairs and replacement reserves funded for future capital repairs.
Granted by: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 30. 2020.
Reason Waived: The approval of MHP's underwriting guidelines as
indicted in Appendix B--Multifamily Loan Underwriting Standards and
Reference Manual revised on November 2018. MHP will meet massive
affordable housing needs in post MHP requests a waiver of two
existing risk sharing requirements to meet agency's massive
affordable housing needs in a post 1\4\1\4\B environment. The
Department is approving your request forty-eight (48) insured under
the 542(c) HFA Risk Sharing Program expiring on December 31, 2023.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24CFR 266.200(d).
Project/Activity: The waiver of 24 CFR 266.200(d), for projects
receiving Section 8 rental subsidies or other rental subsidies. For
refinancing of Section 202 projects, and for Public Housing
Authority (PHA) projects converting to Section 8 through the Rental
Assistance Demonstration (RAD) Initiative, Boston, Massachusetts. No
project number or name listed.
Nature of Requirement: The waiver of 24 CFR 266.200(d), for
projects receiving Section 8 rental subsidies or other rental
subsidies. The Department would permit Massachusetts Housing
Partnership (MHP) to underwrite Section 202 projects and PHA
projects converting to Section 8 through RAD using the current or
to-be-adjusted project-based Section 8 rents, even though they
exceed the market rates, consistent with HUD Housing Notice 04-21.
``Amendments to Notice 02-16: Underwriting Guidelines for
Refinancing of Section 202, and Section 202/8 Direct Loan
Repayments'', which grants authority only to those lenders
refinancing with mortgage programs under the National Housing Act.
Granted By: Len Wolfson, Acting Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: June 30, 2020.
Reason Waived: The waiver would allow Supportive Housing program
projects of MHP's assuming at least 50 percent of the risk of loss
on mortgages insured under Section 542(c) would be subject to the
same underwriting standard as other Section 202 projects in that the
loans may be underwritten to contract rents. This waiver better
aligns requirements between HUD programs, thereby streamlining and
facilitating program administration by HFAs. Waiver will create and
preserve affordable housing in the State of Massachusetts. The
waiver is limited to forty-eight (48) projects and expires on
December 31, 2023.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 266.410(e).
Project/Activity: District of Columbia Housing Agency (DCHFA),
Washington, DC, no project name or number listed.
Nature of Requirement: The 24 CFR 266.410(e), which requires
mortgages insured under the 542(c) Housing Finance Agency Risk
Sharing Program to be fully amortized over the term of the mortgage.
The waiver would permit DCHFA to use balloon loans that would have a
minimum term of 17 years and a maximum amortization period of 40
years for the projects identified in the ``Multifamily Pipeline
Projects''.
Granted by: Len Wolfson, Acting Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: June 22, 2020.
Reason Waived: The waiver was granted to allow DCHFA's clients
additional financing options to their customers and to align DCHFA
business practices with industry standards, thus furthering the
creation of a preservation of affordable housing throughout
Washington, DC. The regulatory waiver is subject to the following
conditions:
1. This waiver is limited to the projects listed in DCHFA's
``Multifamily Pipeline Projects'' and expires on December 31, 2022.
2. DCHFA must elect to take 50 percent or more of the risk of
loss on all transactions.
3. Mortgages made under this waiver may have amortization
periods of up to 40 years, but with a minimum term of 17 years.
4. All other requirements of 24 CFR 266.410--Mortgage Provision
remain applicable. The waiver is applicable only to loans made under
DCHFA's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower of the Section 8 or
comparable unassisted rents.
6. Projects must comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225.
7. DCHFA must comply with regulations stated in 24 CFR 266.210
for insured advances or insurance upon completion transactions.
8. A 20-year affordable housing deed restriction placed on title
that conforms to the Section 542(c) statutory definition.
9. Occupancy is no less than 93 percent for previous 12 months.
10. No defaults in the last 12 months of the HFA loan to be
refinanced.
11. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
12. For projects subsidized by Section 8 Housing Assistance
Payment (HAP) contracts:
i. 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 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
DCHFA determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, DCHFA 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.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 266.410(e).
Project/Activity: California Housing Finance Agency (CalHFA) no
project name or number.
Nature of Requirement: The 24 CFR 266.410(e), which requires
mortgages insured under the 542(c) Housing Finance Agency Risk
Sharing Program to be fully amortized over the term of the mortgage.
The waiver would permit CalHFA to use balloon loans that would have
a minimum term of 17 years and a maximum amortization period of 40
years for the projects identified in the ``Multifamily Pipeline
Projects''. CalHFA had previously been granted a waiver of 24 CFR
266.410(e) on May 25, 2018 which expired on December 31, 2019. This
was the second waiver granted to CalHFA related to 24 CFR
266.410(e). The first waiver was approved on July 1, 2014 with an
expiration date of June 30, 2016. Granted by: Len Wolfson, Acting,
Assistant Secretary for Housing--Federal Housing Commissioner.
Date Granted: June 8, 2020.
Reason Waived: The waiver was granted to allow CalHFA's clients
additional financing
[[Page 73742]]
options to their customers and to align CalHFA business practices
with industry standards. This waiver is effective through December
31, 2022. The regulatory waiver is subject to the following
conditions: This waiver expires on December 31, 2022. All other
requirements of 24 CFR 266.410--Mortgage Provision remain
applicable. The waiver is applicable only to loans made under
CalHFA's Risk Sharing Agreement.
The regulatory waiver is subject to the following conditions:
1. This waiver is limited to the projects listed in CalHFA's
``Multifamily Pipeline Projects'' and expires on December 31, 2022.
2. CalHFA must elect to take 50 percent or more of the risk of
loss on all transactions.
3. Mortgages made under this waiver may have amortization
periods of up to 40 years, but with a minimum term of 17 years.
4. All other requirements of 24 CFR 266.410--Mortgage Provision
remain applicable. The waiver is applicable only to loans made under
CalHFA's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower of the Section 8 or
comparable unassisted rents.
6. Projects must comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225.
7. CalHFA must comply with regulations stated in 24 CFR 266.210
for insured advances or insurance upon completion transactions.
8. A 20-year affordable housing deed restriction placed on title
that conforms to the Section 542(c) statutory definition.
9. Occupancy is no less than 93 percent for previous 12 months.
10. No defaults in the last 12 months of the HFA loan to be
refinanced.
11. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
12. For projects subsidized by Section 8 Housing Assistance
Payment (HAP) contracts:
i. 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 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
CalHFA determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, CalHFA 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.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 266.410(e).
Project/Activity: Massachusetts Housing Partnership (MHP), no
project name or number listed.
Nature of Requirement: The 24 CFR 266.410(e), which requires
mortgages insured under the 542(c) Housing Finance Agency Risk
Sharing Program to be fully amortized over the term of the mortgage.
The waiver would permit MHP to use balloon loans that would have a
minimum term of 17 years and a maximum amortization period of 40
years for the projects identified in the ``Multifamily Pipeline
Projects''. MHP had previously been granted a waiver of 24 CFR
266.410(e) on May 25, 2018 which expired on December 31, 2019. This
was the second waiver granted to MHP related to 24 CFR 266.410(e).
The first waiver was approved on July 1, 2014 with an expiration
date of June 30, 2016. Granted by: Len Wolfson, Acting, Assistant
Secretary for Housing-Federal Housing Commissioner.
Date Granted: June 30, 2020.
Reason Waived: The waiver was granted to allow MHP 's clients
additional financing options to their customers and to align MHP
business practices with industry standards. This waiver is effective
through December 31, 2023. The regulatory waiver is subject to the
following conditions: This waiver expires on December 31, 2023. All
other requirements of 24 CFR 266.410--Mortgage Provision remain
applicable. The waiver is applicable only to loans made under MHP's
Risk Sharing Agreement.
The regulatory waiver is subject to the following conditions:
1. This waiver is limited to the projects listed in MHP's
``Multifamily Pipeline Projects'' and expires on December 31, 2023.
2. MHP must elect to take 50 percent or more of the risk of loss
on all transactions.
3. Mortgages made under this waiver may have amortization
periods of up to 40 years, but with a minimum term of 17 years.
4. All other requirements of 24 CFR 266.410--Mortgage Provision
remain applicable. The waiver is applicable only to loans made under
MHP's Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower of the Section 8 or
comparable unassisted rents.
6. Projects must comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225.
7. MHP must comply with regulations stated in 24 CFR 266.210 for
insured advances or insurance upon completion transactions.
8. A 20-year affordable housing deed restriction placed on title
that conforms to the Section 542(c) statutory definition.
9. Occupancy is no less than 93 percent for previous 12 months.
10. No defaults in the last 12 months of the HFA loan to be
refinanced.
11. A Property Capital Needs Assessment (PCNA) must be performed
and funds escrowed for all necessary repairs, and reserves funded
for future capital needs; and
12. For projects subsidized by Section 8 Housing Assistance
Payment (HAP) contracts:
ii. 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 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
MHP determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, MHP 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.
Contact: Patricia M. Burke, Director, Office of Multifamily
Production, HTD, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 6132, Washington, DC 20410,
telephone (202) 402-5693.
Regulation: 24 CFR 3282.14(b).
Project/Activity: Manufactured housing regulatory oversight.
Nature of Requirement: This regulation requires manufacturers of
manufactured homes to submit a request for Alternative Construction
consideration.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: April 16, 2020.
Reason Waived: Supply chain disruption of conforming windows was
impacted due to COVID-19 pandemic. The waiver allows HUD to allow
any manufacturer to use an Alternative Construction letter without
having supplied a request in advance.
Contact: Jason McJury, Deputy Administrator, Office of
Manufactured Housing Programs, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 9170,
Washington, DC 20410, telephone (202) 402-2480.
Regulation: 24 CFR 3286.211(a).
Project/Activity: Manufactured Housing Regulatory Oversight.
Nature of Requirement: This regulation requires each
installation license issued or renewed by HUD to expire 3 years
after the date of its issuance or renewal.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: May 29, 2020.
Reason Waived: Due to impacts from COVID-19 manufactured home
installers have been unable to complete continuing education
requirements and needed extensions to avoid lapses in licensing that
would negatively impact housing installations across the country.
Contact: Angelo Wallace, Civil Engineer, Office of Manufactured
Housing Programs,
[[Page 73743]]
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street SW, Room 9170, Washington, DC 20410, telephone (202)
402-3848.
[FR Doc. 2020-25476 Filed 11-18-20; 8:45 am]
BILLING CODE 4210-67-P
