Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2020

CourtHousing And Urban Development Department
Citation85 FR 73732
Record Number2020-25476
Publication Date19 Nov 2020
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civil rights obligations and collect
pertinent civil rights information to
ascertain if the recipient has in place
adequate policies and procedures to
achieve compliance, and to determine
what, if any, further action may be
needed (technical assistance, training,
compliance review, etc.) to ensure the
recipient is able to meet its civil rights
requirements and will carry out its
programs and activities in a
nondiscriminatory manner.
Over the past three years, DHS has
used the information collected via the
DHS Civil Rights Evaluation Tool to
identify gaps and deficiencies in
recipient programs and directly help
recipients address these gaps and
deficiencies by providing technical
assistance on developing or improving
policies and procedures to prevent
discrimination and ensure accessibility.
DHS requires recipients to submit
their completed forms and supporting
information electronically, via email, to
the Department, in an effort to minimize
administrative burden on the recipient
and the Department. DHS anticipates
that records or files that will be used to
respond to the information collection
are already maintained in electronic
format by the recipient, so providing the
information electronically further
minimizes administrative burden. DHS
allows recipients to scan and submit
documents that are not already
maintained electronically.
If the recipient is unable to submit
their information electronically,
alternative arrangements will be made
to submit responses in hard copy.
DHS is pursuing further streamlining
of the submission process through
development of an online portal that
would allow recipients to submit the
data directly in a fully electronic form
and eliminate the need for recipients to
email the form and supporting
documents as attachments.
The information collection will
impact some small entities (e.g., non-
profit service providers, local fire
departments, etc.), however as described
in response to Question 2, recipients
will only be required to provide this
information once every two years, not
every time a grant is awarded.
Additionally, in responding to Section
4: Required Information, if the
recipient’s responses have not changed
in the two year period since their initial
submission, the recipient does not need
to resubmit the information. This will
dramatically reduce the administrative
burden on recipients after the initial
submission. Additionally, DHS will
further minimize burden on recipients
by making available sample policies and
procedures to assist recipients in
completing Section 4 of the Form, and
providing technical assistance directly
to the recipient as needed.
In accordance with the authorities
identified in Question 1, the Department
is required to obtain a signed assurance
of compliance from recipients and to
ensure that its federally assisted
programs and activities are
administered in a nondiscriminatory
manner. If the information collection is
not conducted or is conducted less
frequently, the Department will not be
able to fulfill its obligations to ascertain
recipient compliance and enforce
nondiscrimination in recipient
programs. This could lead to the award
of federal financial assistance to
recipients that are not complying with
federal civil rights law, and the
perpetuation of discrimination in the
provision of benefits and services to
members of the public.
There are no confidentiality
assurances associated with this
collection. The only privacy-sensitive
information the form collects are the
names of Point of Contacts (POCs) from
recipient organizations. Coverage for the
collection of this information is
provided under a Department Privacy
Impact Assessment, DHS/ALL/PIA–006
General Contacts List.
DHS is seeking an extension of the
form for another three-year period. DHS
is not proposing any changes to the
information collected in the form but is
proposing changes to Section 1 of the
form on instructions to streamline the
process for submitting the completed
form. The changes to Section 1 do not
impact the burden analysis. The
changes in costs in Item 14 reflect
increased hourly rates for Federal staff
as reported by Office of Personnel
Management for 2020, as well as an
increase in the number of staff
participating in the review process.
Despite these increases, because the
number of recipients subject to the
collection has decreased from the
previous reporting period, the total costs
reported in Item 13 and 14 have also
decreased.
The Office of Management and Budget
is particularly interested in comments
which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security, (DHS).
Title: DHS Civil Rights Evaluation
Tool.
OMB Number: 1601–0024.
Frequency: On Occasion.
Affected Public: State, Local and
Tribal Government.
Number of Respondents: 2929.
Estimated Time per Respondent: 1
Hour.
Total Burden Hours: 11716.
Robert Dorr,
Executive Director, Business Management
Directorate.
[FR Doc. 2020–25543 Filed 11–18–20; 8:45 am]
BILLING CODE 9112–FL–P
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.
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
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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 § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 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 Ho
¨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 Ho
¨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,
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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.
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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.
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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.
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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
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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
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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,
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73743
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
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
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7029–N–09]
60-Day Notice of Proposed Information
Collection: Reporting for HUD
Research, Evaluation, and
Demonstration Cooperative
Agreements
AGENCY
: Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION
: Notice.
SUMMARY
: The U.S. Department of
Housing and Urban Development (HUD)
is seeking approval from the Office of
Management and Budget (OMB) for the
information collection described below.
In accordance with the Paperwork
Reduction Act, HUD is requesting
comment from all interested parties on
the proposed collection of information.
The purpose of this notice is to allow for
60 days of public comment.
DATES
: Comments Due Date: January 19,
2021.
ADDRESSES
: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–5534
(this is not a toll-free number) or email
at Anna.P.Guido@hud.gov for a copy of
the proposed forms or other available
information. 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 FURTHER INFORMATION CONTACT
:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email Anna
P. Guido at Anna.P.Guido@hud.gov or
telephone 202–402–5535. 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. Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION
: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection:
Reporting for HUD Research,
Evaluation, Demonstration and Data
Analysis Cooperative Agreements.
OMB Approval Number: 2528–0299.
Description of the need for the
information and proposed use: PD&R
intends to establish cooperative
agreements with qualified for-profit and
nonprofit research organizations and
universities to conduct research,
demonstrations, and data analysis.
PD&R will issue a Notice of Funding
Availability (NOFA) describing the
cooperative research program.
Management of PD&R cooperative
agreements for research and
demonstrations will require periodic
reporting of progress. This information
collection will be limited to recipients
of cooperative agreements.
Type of Request: (i.e., new, revision or
extension of currently approved
collection): Revision.
Agency Form Numbers: No agency
forms will be used. The quarterly
reporting will be accomplished through
a short narrative report.
Respondents: HUD anticipates that
approximately 14–18 organizations will
be selected for cooperative agreement
award. Recipients of the cooperative
agreements will be the sole members of
the affected public for the reporting
requirement.
Members of Affected Public: For-profit
and nonprofit organizations that apply
to participate under the cooperative
research agreements NOFA.
Estimated Number of Respondents
frequency of response, and hours of
response: HUD anticipates that a
maximum of 10 organizations will
receive cooperative agreements.
Quarterly progress reporting, other
mandatory federal reporting and
recordkeeping requirements are
estimated at 72 labor hours annually for
each awardee during the life of the
agreement. The total estimated burden
for progress reporting by all participants
is 648 hours annually.
Estimated Total Annual Burden
Hours: 648.
Estimated Total Annual Cost: The
only cost to the respondents is that of
their time.
Information collection Number of
respondents Frequency of
response Responses
per annum Burden hour
per response Annual burden
hours Hourly cost
per response Cost
Quarterly Reports ......... 18 4 72 4 288 $0 $0
Other Reports .............. 18 1 18 4 72 0 0
Recordkeeping ............. 18 1 18 16 288 0 0
Total ...................... ........................ ........................ ........................ ........................ 648 ........................ 0
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms
ofinformation technology, e.g.,
permitting electronic submission of
responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
The Assistant Secretary for Policy
Development and Research, Seth Appleton,
having reviewed and approved this
document, is delegating the authority to
electronically sign this document to
submitter, Nacheshia Foxx, who is the
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