Upon written request by the applicant, the commissioner may waive any provisions of this Part not otherwise required by law, by giving prior written approval, after full disclosure of all relevant facts and circumstances and a determination by the commissioner that the subject provision imposes an unreasonable burden on the applicant, and that the proposed alternative transaction is necessary for project advancement.
N.Y. Comp. Codes R. & Regs. Tit. 14 § 813.9