2-18. WAIVERS

• A. Regulatory Waivers.

HUD’s policy on regulatory waivers appears in HUD’s regulations at 24 CFR Part 5.110. Generally, a waiver requires a “good cause” determination. The waiver should state the specific provision or provisions to be modified and must be of limited duration. Many of

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HUD’s regulations are based on statutory requirements and cannot be waived. Only nonstatutory regulatory requirements may be waived upon a determination by the Office of Housing for good cause. Also, certain statutes, including appropriations acts, prohibit waivers of requirements in the areas of fair housing, nondiscrimination, environmental protection, and/or labor standards. To determine if a civil rights related program requirement may be waived, the HUD Satellite Office should consult with the FHEO Regional Office or Program Center that serves the area where the project is located. To determine if an environmental protection requirement may be waived, the HUD Satellite Office should consult with the appropriate HUD Environmental Officer. To determine if a labor standard may be waived, the HUD Satellite Office should consult with the Office of Labor Standards in the Office of Field Policy and Management.

1. The owner submits to the HUD Satellite Office a request for a regulatory waiver along with any supporting documentation.

2. The HUD Multifamily Satellite Office may reject the proposal or forward the request to the Director of OAMPO in Headquarters, specifying the grounds for granting the waiver and recommending its approval.

3. OAMPO reviews the waiver request and either rejects the request or prepares a recommendation for approval for the Assistant Secretary for Housing-FHA Housing Commissioner.

4. The Assistant Secretary for Housing-FHA Housing Commissioner will either approve or disapprove the waiver request.

5. Headquarters notifies the HUD Satellite Office of the approval or rejection of the waiver request.

6. Regulatory waivers granted by HUD are published in the Federal Register on a quarterly basis.

7. OAMPO retains any approved regulatory waivers and related documentation for five years from the date the waiver is granted.

• B.

• Directive Waivers.

The term “Directive” includes handbooks, guidelines, notices, interim notices and special directives such as Mortgagee Letters.

1. The owner submits to the AE, a request for a waiver of the Section 8 Renewal Guide along with any supporting documentation.

2. The HUD Regional Office may reject the proposal or forward the request to the Director of OAMPO in Headquarters, specifying the grounds for granting the waiver and recommending its approval.

3. OAMPO, in Headquarters, reviews the waiver request and either approves or rejects the request. OAMPO will:

   • a. Notify the HUD Regional Office, in writing, of the approval or rejection of the waiver request.

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• b. Retain a copy of the approval or rejection memorandum and related documentation for 3 years from the date the waiver is granted; and

• c. Retain approved waivers of the Section 8 Renewal Guide for three years and will make the waivers available for public inspection upon request.

4. The AE will notify the Sponsor/owner in writing of the approval or disapproval of the waiver request;