HUD – Provides List of Regulatory Waivers

SUMMARY:

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on January 1, 2017, and ending on March 31, 2017.

FOR FURTHER INFORMATION CONTACT:

For general information about this notice, contact Aaron Santa Anna, Assistant General Counsel for Regulations, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500, telephone 202-708-3055 (this is not a toll-free number). Persons with hearing- or speech-impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.

For information concerning a particular waiver that was granted and for which public notice is provided in this document, contact the person whose name and address follow the description of the waiver granted in the accompanying list of waivers that have been granted in the first quarter of calendar year 2017.

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 January 1, 2017 through March 31, 2017. 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 Start Printed Page 29304time sequence beginning with the earliest-dated regulatory waiver.

Should HUD receive additional information about waivers granted during the period covered by this report (the first quarter of calendar year 2017) before the next report is published (the second quarter of calendar year 2017), HUD will include any additional waivers granted for the first quarter in the next report.

Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice.

Dated: June 23, 2017.

Ariel Pereira,

Associate General Counsel for Legislation and Regulations.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development January 1, 2017 Through March 31, 2017

Note to Reader:

More information about the granting of these waivers, including a copy of the waiver request and approval, may be obtained by contacting the person whose name is listed as the contact person directly after each set of regulatory waivers granted.

The regulatory waivers granted appear in the following order:

I. Regulatory waivers granted by the Office of Community Planning and Development.

II. Regulatory waivers granted by the Office of Housing.

III. Regulatory waivers granted by the Office of Public and Indian Housing.

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

For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

  •  Regulation: 24 CFR 92.2.

Project/Activity: The City of Gainesville, Florida requested a waiver of 24 CFR 92.2 paragraph (3)(iv), which states that officers or employees of a government entity may not be officers or employees of a community housing development organization (CHDO). The City requested this waiver to permit the Mayor of the City of Archer, Mr. Corey Harris, Florida to act as the Executive Director of the City of Gainesville’s only CHDO.

Nature of Requirement: Paragraph (3)(iv) of the definition of a CHDO in the HOME regulations at 24 CFR 92.2 prohibits an employee of a governmental entity from serving as an employee of a CHDO. This provision ensures that there is no conflict of interest between a participating jurisdiction and a CHDO that received HOME funding from the participating jurisdiction. The provision also guarantees that a CHDO is indeed a community-based and community controlled organization.

Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary, D.

Date Granted: January 10, 2017.

Reason Waived: Mr. Harris is currently the Mayor of Archer Florida; a City within Alachua County and a wholly separate and non-contiguous entity from the City of Gainesville. Mr. Harris is also the Executive Director of NHDC; the only designated CHDO in the City of Gainesville. The City of Gainesville does not expend HOME funds outside of the City’s limits, including the City of Archer. Further, Mr. Harris, as the Mayor of the City of Archer and as the Executive Director of NHDC, has no official decision-making authority or influence in the City of Gainesville’s funding decision’s. The City stated that NHDC is the only viable CHDO within the City of Gainesville’s jurisdiction, and the exclusion of NHDC as its CHDO would create hardship. The waiver permitted Mr. Harris to remain in both position and enabled the City of Gainesville to retain its only CHDO.

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 7164, Washington, DC 20410, telephone (202) 708-2684.

  •  Regulation: 24 CFR 92.252(d)(1).

Project/Activity: The City of Daly, California requested a waiver of 24 CFR 92.252(d)(1), which requires a participating jurisdiction to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. The City requested this waiver to allow use of utility allowance established by local public housing agency (PHA) for a HOME-assisted project under construction—Sweeny Lane 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. Participating jurisdictions must use the HUD Utility Schedule Model or otherwise determine the utility allowance for the project based on the type of utilities used at the project. Consequently, participating jurisdictions are no longer permitted to use the utility allowance established by the local PHA for HOME-assisted rental projects for which HOME funds were committed on or after August 23, 2013.

Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary, D.

Date Granted: January 19, 2017.

Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. Consequently, 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 7164, Washington, DC 20410, telephone (202) 708-2684.

  •  Regulation: 24 CFR 92.252(d)(1).

Project/Activity: The City of Sacramento, California requested a waiver of 24 CFR 92. 92.252(d)(1), which requires a participating jurisdiction to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. The City requested this waiver to allow use of the utility allowance established by the local public housing agency (PHA) for two existing HOME projects—Sierra Vista Apartments and Washington Plaza Apartments.

Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires a participating jurisdiction to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. Participating jurisdictions must use the HUD Utility Schedule Model or otherwise determine the utility allowance for the project based on the type of utilities used at the project. Consequently, participating jurisdictions are no longer permitted to use the utility allowance established by the local PHA for HOME-assisted rental projects for which HOME funds were committed on or after August 23, 2013.

Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary, D.

Date Granted: January 19, 2017.

 

Source: https://www.federalregister.gov/documents/2017/06/28/2017-13552/notice-of-regulatory-waiver-requests-granted-for-the-first-quarter-of-calendar-year-2017

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