The following summaries provide information on the date that HOME waivers were granted and denied, the State or Local Field Office making the request, the situation which gave rise to the need for a program waiver, and the regulatory citation. To obtain a copy of a specific HOME waiver, contact HUD's Office of Affordable Housing Programs at (202) 708-2470. Hearing impaired users may call the Federal Information Relay Service at 1-800-877-8339.
| 2/17/04 | NC | Waiver request granted for suspension of certain provisions of HOME Program requirements for Presidentially declared disaster areas. The North Carolina Housing Finance Agency states that relief from these regulations will allow them to immediately respond to residents in need due to damage caused by the storm by providing TBRA funds and other disaster assistance. | 91.115 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr91.115.htm), 92.250 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.250.htm), 92.251 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.251.htm), 92.253 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.253.htm), 92.219 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.219.htm), 92.220 (a) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.220.htm), 92.221 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.221.htm), 92.222 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.222.htm), 92.300 (a) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.300.htm), 92.301 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.301.htm), 92.303 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.303.htm) |
| 5/19/04 | TX | Waiver request granted to the city of Amarillo, TX, HOME Program. This waiver requests repayment requirement for foreclosed properties established at 24 CFR 92.503(b). This request follows the HOME policy guidance provided in the June 2003 HOMEfires (vol. 5 no. 2) regarding the repayment requirements for foreclosed HOME-assisted homebuyer properties that have not me the affordability requirements specified in 92.254 of the HOME rule. At the time the request was originally submitted the city had not yet changed its recapture provisions to be based on net proceeds through an amendment to its consolidated plan. This waiver does not relieve the city of its responsibility to make good faith effort to recover HOME funds available to it as a result of foreclosure. | 92.503 (b)(1) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.503.htm) |
| 7/7/04 | OK | Waiver granted to Oklahoma Housing Finance Agency (OHFA). Request for a waiver of 24 92.503(b) requiring repayment of HOME funds in the event a property does not meet the HOME affordability requirements for the period specified in the regulations at 24 CFR 92.252 or 92.254. OHFA proposes to impose HOME requirements on a non-assisted unit for the remaining affordability period of the property that is out of compliance with the HOME final rule. After a house fire a family was forced to move from the HOME-assisted unit. The family was able to purchase a new unit and sold the original. OHFA requests to substitute the HOME assisted unit lost through the fire with the new unit. | 92.252 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.252.htm), 92.254 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.254.htm) |
| 7/7/04 | KY | Waiver granted to Kentucky Housing Corporation. Waiver of repayment of HOME funds due to owner-occupied foreclosures as per the June 2003 HOMEfires requested. KHC was unaware that its program design potentially obligated it to repay all or a portion of HOME funds provided to a homebuyer, in the event of foreclosure. As per the guidance in the HOMEfires, KHC needed to change its program design. To require KHC to make repayments for projects assisted under its original program design would create undue hardship. | 92.503 (b)(1) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.503.htm), 92.252 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.252.htm) |
| 7/13/04 | GA | Waiver granted to State of Georgia. Waiver of repayment of HOME funds due to owner-occupied foreclosures as per the June 2003 HOMEfires requested. The State was unaware that its program design potentially obligated it to repay all or a portion of HOME funds provided to a homebuyer, in the event of foreclosure. As per the guidance in the HOMEfires, Georgia needed to change its program design. To require KHC to make repayments for projects assisted under its original program design would create undue hardship. | 92.503 (b)(1) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.503.htm), 92.254 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.254.htm) |
| 7/13/04 | ND | Waiver request granted for emergency repairs to homes and on-site infrastructure damaged by floods. Counties in North Dakota have been declared a disaster area pursuant to Title IV to the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Barnes, Benson, Cavalier, Foster, Grand Forks, Nelson, Pembina, Ramsey, Steele, Trail, and Walsh Counties. A waiver of the HOME property standard requirements of 92.251 is being sought to facilitate the use of HOME funds for emergency repairs to homes and on-site infrastructure by floods. | 92.251 (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.251.htm) |
| 10/8/04 | KY | Waiver granted to Kentucky Housing Corporation (KHC). Waiver of the HOME Program regulations established at 24 CFR 92.214(a)(6) to permit KHC to provide additional HOME funds to a previously assisted project requested. Due to unanticipated flooding in the area that caused extensive damage, KHC needs additional HOME funds to make needed repairs. | 92.214 (a)(6) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.214.htm) |
| 10/27/04 | OR | Waiver granted to State of Oregon. Waiver of the HOME Program regulations established at 24 CFR 92.214(a)(6) to permit Oregon to provide additional HOME funds to a previously assisted project requested. A HOME project was experiencing numerous problems including high vacancy rates and a chronic water leak through the foundation within two years of project completion. The PJ worked with its partners on corrective actions to stabilize the project devising a plan that included building improvements and repairs, as well as reducing debt service. The State of Oregon exercised due diligence in responding to problems when they first arose and soliciting multiple sources to close the financing gap. | 92.214 (a)(6) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.214.htm) |
| 11/15/04 | MN | Waiver denied to State of Minnesota. The State requested a waiver of the HOME program regulations established at 24 CFR 92.503 (b) that requires a PJ to repay its HOME account of the HOME-assisted housing fails to meet the affordability requirements for the full period of affordability. HUD denied MHFA's original waiver request. The State resubmitted its request and included additional information and clarifications beyond those outlined it the original request. A HOME-funded project was condemned and vacated with 28 months of the affordability period remaining due to structural damage in the foundations. The Clarifications included in the additional information did not provide adequate justification to waive the HOME repayment requirement. | 92.503 (b) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.503.htm) |
| 11/22/04 | TN | Waiver granted to Tennessee Housing Development Agency (THDA). Waiver of the HOME Program regulations established at 24 CFR 92.254(a)(3) that require the homebuyer to be low-income and the housing their primary residence for the period of affordability. THDA requested that a HOME-assisted homebuyer unit that was subsequently sold and operated as a rental unit be permitted to qualify as affordable housing under 92.252. The owner died shortly after taking possession of the property unit, leaving an accessible unit available to a small segment of the population. The unit was rented to a disabled tenant. The request was granted due to the unusual circumstances, the preservation of the unit as affordable housing and the continuing benefit to the tenant. | 92.254 (a)(3) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.254.htm) |
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