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11.3.5 Waivers

HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021) · 2026 edition · updated 2026-10-05 · United States

A. Statutory requirements shall not be waived under any circumstance. Regulations may only be waived by an Assistant Secretary (usually the FHA Commissioner for MAP loan issues other than environmental regulatory waivers).

B. Requested waivers of this Guide must be submitted for Regional Counsel review to ensure there is no conflict with a statute or regulation. The Regional Center Director may waive requirements of this Guide that are not statutory or regulatory except for the following matters which must be approved in HQ:

  1. Debt coverage ratios for all programs.

  2. Loan to value ratios for Section 223(f) loans.

  3. Loan to cost ratios for the 221(d) and 220 programs.

  4. Traditional Application Processing for MAP eligible transactions.

  5. Substantive modifications to the Ground Lease addendum form (form HUD-92070M).

  6. The requirement for a Single Asset Borrower Entity (see 24 CFR 200.5).

  7. The prohibition on a Lender advancing fees for payment of discounts on behalf of the Borrower.

  8. Payment of broker or referral fees to any party with an identity of interest with the Borrower or its affiliates.

  9. Extensions of Firm Commitments beyond 180 days of issuance (original term of 60 days plus up to a 120-day extension).

  10. Approval of applications in which the Regional Environmental Officer recommends disapproval of an FHA mortgage insurance application.

  11. Waivers of Chapter 19 (Closing Guide) as well as any waiver of, or revision to, closing documents must be processed pursuant to the procedures in Chapter 19, Section 19.4.1.

C. The Regional Center Director will submit to the Director of the Office of Multifamily Housing Production all waiver requests requiring HQ approval as early as possible. Requests for regulatory waivers will take longer to process since they require review and concurrence from the Office of General Counsel and the Deputy Assistant Secretary for Multifamily Housing, as well as the approval of the FHA Commissioner. HQ will not consider waiver requests submitted directly by MAP Lenders.

D. Any waiver granted in connection with the proposed transaction must be documented in the field office docket and HQ docket, along with the Lender’s request and field office request using form HUD-2, as

MAP Guide, March 2021 Go to beginning of Chapter 11

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Chapter 11 Lender Underwriting, HUD Review and Closing 11.4 Program Closing Provisions

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further set forth in Chapter 1, Section 1.4.E. Waivers granted by the Regional Center, along with supporting documentation, must be submitted to the Office of Multifamily Housing Production to determine if changes to this Guide or the regulations are necessary.

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▸Contents — HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021)
HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021)

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