Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2004, 2218-2242 [05-495]
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2218
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
waivers of regulations that HUD has
approved, by publishing a notice in the
Federal Register. These notices (each
[Docket No. FR–4936–N–03]
covering the period since the most
recent previous notification) shall:
Notice of Regulatory Waiver Requests
a. Identify the project, activity, or
Granted for the Third Quarter of
undertaking involved;
Calendar Year 2004
b. Describe the nature of the provision
AGENCY: Office of the General Counsel,
waived and the designation of the
HUD.
provision;
c. Indicate the name and title of the
ACTION: Notice.
person who granted the waiver request;
SUMMARY: Section 106 of the Department
d. Describe briefly the grounds for
of Housing and Urban Development
approval of the request; and
Reform Act of 1989 (the HUD Reform
e. State how additional information
Act) requires HUD to publish quarterly
about a particular waiver may be
Federal Register notices of all
obtained.
regulatory waivers that HUD has
Section 106 of the HUD Reform Act
approved. Each notice covers the
also contains requirements applicable to
quarterly period since the previous
waivers of HUD handbook provisions
Federal Register notice. The purpose of that are not relevant to the purpose of
this notice is to comply with the
this notice.
requirements of section 106 of the HUD
This notice follows procedures
Reform Act. This notice contains a list
provided in HUD’s Statement of Policy
of regulatory waivers granted by HUD
on Waiver of Regulations and Directives
during the period beginning on July 1,
issued on April 22, 1991 (56 FR 16337).
2004, and ending on September 30,
This notice covers waivers of
2004.
regulations granted by HUD from July 1,
2004, through September 30, 2004. For
FOR FURTHER INFORMATION CONTACT: For
ease of reference, the waivers granted by
general information about this notice,
HUD are listed by HUD program office
contact Aaron Santa Anna, Assistant
(for example, the Office of Community
General Counsel for Regulations, Room
Planning and Development, the Office
10276, Department of Housing and
Urban Development, 451 Seventh Street, of Fair Housing and Equal Opportunity,
the Office of Housing, and the Office of
SW., Washington, DC 20410–0500,
Public and Indian Housing, etc.). Within
telephone (202) 708–3055 (this is not a
toll-free number). Persons with hearing- each program office grouping, the
waivers are listed sequentially by the
or speech-impairments may access this
number through TTY by calling the toll- regulatory section of title 24 of the Code
of Federal Regulations (CFR) that is
free Federal Information Relay Service
being waived. For example, a waiver of
at 800–877–8339.
a provision in 24 CFR part 58 would be
For information concerning a
listed before a waiver of a provision in
particular waiver that was granted and
24 CFR part 570.
for which public notice is provided in
Where more than one regulatory
this document, contact the person
provision is involved in the grant of a
whose name and address follow the
particular waiver request, the action is
description of the waiver granted in the
listed under the section number of the
accompanying list of waivers that have
first regulatory requirement that appears
been granted in the third quarter of
in 24 CFR and that is being waived. For
calendar year 2004.
example, a waiver of both § 58.73 and
SUPPLEMENTARY INFORMATION: Section
§ 58.74 would appear sequentially in the
106 of the HUD Reform Act added a
listing under § 58.73.
new section 7(q) to the Department of
Waiver of regulations that involve the
Housing and Urban Development Act
same initial regulatory citation are in
(42 U.S.C. 3535(q)), which provides
time sequence beginning with the
that:
1. Any waiver of a regulation must be earliest-dated regulatory waiver.
Should HUD receive additional
in writing and must specify the grounds
information about waivers granted
for approving the waiver;
during the period covered by this report
2. Authority to approve a waiver of a
(the third quarter of calendar year 2004)
regulation may be delegated by the
before the next report is published, HUD
Secretary only to an individual of
will include any additional waivers
Assistant Secretary or equivalent rank,
granted for the third quarter as well as
and the person to whom authority to
those that occur during the fourth
waive is delegated must also have
quarter of calendar year 2004 (October
authority to issue the particular
1, 2004 through December 31, 2004).
regulation to be waived;
Accordingly, information about
3. Not less than quarterly, the
approved waiver requests pertaining to
Secretary must notify the public of all
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
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HUD regulations is provided in the
Appendix that follows this notice.
Dated: December 28, 2004.
Kathleen D. Koch,
Deputy General Counsel.
Appendix—Listing of Waivers of
Regulatory Requirements Granted by
Offices of the Department of Housing
and Urban Development July 1, 2004,
Through September 30, 2004
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 51.202 and 24
CFR 51.205.
Project/Activity: Tellurian UCAN, Inc.
of Madison, Wisconsin, proposed to
expand an existing mixed-use
residential and office building. The
existing building is a two-story brick
structure with office space on the first
floor and seven single room occupancy
(SRO) units on the second floor.
Nature of Requirements: The
proposed site is located approximately
450 feet from a 30,000-gallon, above
ground liquid petroleum gas (LPG)
storage tank used for fueling taxi fleet.
HUD’s Environmental Review
regulations in 24 CFR part 51 indicates
that acceptable separation distance
(ASD) for a project in proximity to a
30,000 gallon LPG tank is 660 feet.
Tellurian engaged the engineering
services of a consulting firm to evaluate
and recommend mitigation measures
that would provide adequate blast
protection for a building proposed
within 450 feet of the 30,000 gallon LPG
tank. The firm concluded that the
required 0.5 psi value could be safely
reduced to 0.14 psi by utilizing a brick
veneer and concrete masonry unit
(CMU) backup on the front of the
proposed building.
Granted By: Roy A. Bernardi, Deputy
Secretary.
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Date Granted: September 28, 2004.
Reasons Waived: Section 51.202 of
HUD’s regulations provides that ‘‘the
Department will not approve an
application for assistance for a proposed
project located at less than the
acceptable separation distance from a
hazard unless appropriate mitigating
measures, as defined in § 51.205.’’ The
waiver of this regulation was granted on
the basis of the engineering
recommendations of the firm for blast
over pressure, by having the existing
LPG tank constructed to meet the
requirements of the National Fire
Protection Association (NFPA 58–Gas
Code Handbook) and the State of
Wisconsin LPG Code, and by observing
that the LPG tank is not in direct line
of sight to the proposed structure.
Contact: Lisa Newman, Office of Field
Management, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street, SW., Washington,
DC 20410–7000, telephone (202) 708–
2565.
• Regulations: 24 CFR 92.503(b), 24
CFR 92.252 and 24 CFR 92.254.
Project/Activity: The State of
Oklahoma requested that HUD grant
waivers requiring repayment of HOME
funds in the event a property does not
meet the HOME affordability
requirements for the period specified.
Nature of Requirements: The
Oklahoma Housing Finance Agency
(OHFA) proposed 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. Because the period
of affordability established in 24 CFR
92.254 has not been met, OHFA would
be required to repay the initial HOME
investment amount to the HOME
account from which it was drawn,
pursuant to 24 CFR 92.503(b).
Granted By: Roy A. Bernardi, Deputy
Secretary.
Date Granted: July 7, 2004.
Reason Waived: Oklahoma Housing
Finance Agency requested to substitute
the HOME assisted unit lost through the
fire with the new unit of 1828 South 5th
Street. According to the information
provided by OHFA, the proposed
substitute unit is an eligible property
type as described in 92.254(a)(1), met
the modest housing requirements at
§ 92.254(a)(2)(i), will be the principal
residence as required by § 92.254(a)(3)
and will meet the property standards
required by § 92.251(a)(2). The new unit
will also be required to remain
affordable for the balance of the original
five-year period of affordability per
§ 92.245(a)(4).
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17:47 Jan 11, 2005
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Contact: Lisa Newman, Office of Field
Management, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street, SW, Washington,
DC 20410–7000, telephone (202) 708–
2565.
• Regulation: 24 CFR 92.503(b), 24
CFR 92.254, 24 CFR 92.503(b)(1), and 24
CFR 92.252
Project/Activity: The State of
Kentucky Housing Corporation (KHC)
requested waiver of the HOME Program
of repayment requirement for foreclosed
properties established at 24 CFR
92.503(b)(1).
Nature of Requirements: The
Kentucky Housing Corporation follows
the HOME policy guidance provided by
the June 2003 HOMEfires regarding the
repayment requirements for foreclosed
HOME-assisted homebuyer properties
that have not met the affordability
requirements specified in § 92.254 of the
HOME rule. June 2003 HOMEfires
explains, if a participating jurisdiction
was unaware that the design of its
homebuyer program obligated it, in the
event of foreclosure, to repay funds in
excess of what would be available
through the foreclosure, and the
participating jurisdiction has since
changed its program design to base
recapture amounts on net proceeds, a
waiver of the repayment requirement
under original program design is
possible.
Granted By: Roy A. Bernardi, Deputy
Secretary.
Date Granted: July 7, 2004.
Reason Waived: The Kentucky
Housing Corporation changed its
recapture provisions for its homebuyer
program. Permitting substitution of
comparable units in lieu of repayment
when a project fails to meet HOME
requirements for the affordability period
will maintain the number of affordable
housing units available in the
community. The proposed unit was
determined an acceptable substitution
for the HOME unit lost through the fire
and subsequent sale of the original
HOME-assisted unit. The unit is not a
federally assisted unit, but will meet the
HOME requirements for the balance of
the period of affordability. The proposal
will transfer the HOME restrictions from
the original HOME-assisted unit to the
substitute unit, fulfilling the original
HOME requirements.
Contact: Lisa Newman, Office of Field
Management, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street, SW, Washington,
PO 00000
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DC 20410–7000, telephone (202) 708–
2565.
• Regulation: 24 CFR 570.208(a)(3)
and 24 CFR 570.5.
Project/Activity: The City of
Asheville, North Carolina, has requested
the use of Community Development
Block Grant (CDBG) funds to acquire
and improve a seven-acre site on
Brotherton Avenue for the construction
of 32 units of co-housing as a mixed
community.
Nature of Requirements: The
regulations at 24 CFR 570.208(a)(3)
require 51 percent of the units in a
multi-unit structure must be occupied
by low- and moderate-income
households. Based on the proposed
design, three units in each four-plex
building and four units in each six-plex
building, for a total of 22 of the 32 units,
must be occupied by low- and
moderate-income households. The
regulations allow some flexibility for
meeting this national objective when the
CDBG assistance supports the new
construction of non-elderly rental units
and housing units for which funds are
obligated during a program year in a
Neighborhood Revitalization Strategy
Area.
Granted By: Roy A. Bernardi, Deputy
Secretary.
Date Granted: July 6, 2004.
Reason Waived: This waiver allowed
the city to aggregate the units in the
development, and this, in turn, will
allow 56 percent of the units to be
occupied by low- and moderate-income
households. Further approval of the
waiver resulted in the development of
new affordable housing and increase
homeownership for low- and moderate
households.
Contact: Lisa Newman, Office of Field
Management, Office of Community
Planning and Development, Department
of Housing and Urban Development,
451 Seventh Street, SW, Washington,
DC 20410–7000, telephone (202) 708–
2565.
II. Regulatory Waivers Granted by the
Office of Housing
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 200.40 (d)(1)
and (h).
Project/Activity: The following
projects requested waivers to the
application fee required by 24 CFR
200.40 (d)(1) and the transfer fee
required 24 CFR CFR 200.40 (h):
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Project
State
Mountain View Apartments ..........................................................................................................................
Lena Park (Granite Package #7) .................................................................................................................
Rolling Meadows of Enid .............................................................................................................................
Dakota Estates Retirement Center ..............................................................................................................
Garrison Woods ...........................................................................................................................................
Arcadia Village Apartments ..........................................................................................................................
Sunlight Manor Apartments .........................................................................................................................
Gary NSA III Apartments .............................................................................................................................
Englewood Eden Green ...............................................................................................................................
The Oaks Apartments III ..............................................................................................................................
Interfaith Heights ..........................................................................................................................................
Donna Village Apartments ...........................................................................................................................
Standpoint Vista Apartments .......................................................................................................................
Gulfway Terrace Apartments .......................................................................................................................
Villa Alejandrina ...........................................................................................................................................
Gardens of Greenbriar Apartments .............................................................................................................
Cambridge Estates Phase IV .......................................................................................................................
Beacon Heights ............................................................................................................................................
Hill Central Community Cooperative ............................................................................................................
Cove Village Apartments .............................................................................................................................
Margaret Robertson Apartments ..................................................................................................................
Maplewood Apartments ...............................................................................................................................
Mother Zion Apartments ..............................................................................................................................
Alamance Plaza ...........................................................................................................................................
Gholson Hotel ..............................................................................................................................................
Austin Renaissance .....................................................................................................................................
Garden Court Apartments ............................................................................................................................
Pinebrook Manor ..........................................................................................................................................
Manati Plaza Apartments .............................................................................................................................
Rochelle Manor Apartments ........................................................................................................................
Capitol Towers .............................................................................................................................................
Broadway Plaza Apartments ........................................................................................................................
San Cristobal Apartments ............................................................................................................................
Colonial Park Apartments ............................................................................................................................
Park Plaza Apartments ................................................................................................................................
Del Mar Apartments .....................................................................................................................................
Madison Terrace Apartments .......................................................................................................................
Cheyenne North Apartments .......................................................................................................................
Washington Scene Apartments ...................................................................................................................
Roosevelt Independence .............................................................................................................................
Cedars Green Apartments ...........................................................................................................................
Kings Cove Apartments ...............................................................................................................................
Hi-Land Terrace Apartments ........................................................................................................................
California Park East .....................................................................................................................................
Canton Estates Apartments .........................................................................................................................
Evergreen Arbors .........................................................................................................................................
West Park Senior Center .............................................................................................................................
Normandale Apartments ..............................................................................................................................
Wellington Square ........................................................................................................................................
Bond House .................................................................................................................................................
New Central Hotel ........................................................................................................................................
Roosevelt Apartments ..................................................................................................................................
Windsor Gardens .........................................................................................................................................
Piedmont Brightside Apartments .................................................................................................................
Springhill III Apartments ...............................................................................................................................
Springhill I Apartments .................................................................................................................................
Federal Apartments ......................................................................................................................................
Springhill II Apartments ................................................................................................................................
Melanie Manor .............................................................................................................................................
Western Heights Apartments .......................................................................................................................
College Hill Apartments ...............................................................................................................................
Washington Columbia Apartments ..............................................................................................................
Cambridge Square Apartments ...................................................................................................................
Brookside Village .........................................................................................................................................
Trujillo Alto Gardens ....................................................................................................................................
Mill Run Apartments .....................................................................................................................................
George E. Lewis Estates .............................................................................................................................
Brisas De San Alfonso .................................................................................................................................
Villa Machuelo ..............................................................................................................................................
Upton Druid Apartments ..............................................................................................................................
The Orchards I .............................................................................................................................................
The Orchards II ............................................................................................................................................
Cloverdale Height Apartments II ..................................................................................................................
Broadway Manor Apartments ......................................................................................................................
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Project
State
Jackson Apartments .....................................................................................................................................
Union Sarah Rehab SS II ............................................................................................................................
Daniel Scott Commons ................................................................................................................................
Renaissance Apartments .............................................................................................................................
Northwood Village ........................................................................................................................................
Benning Heights ...........................................................................................................................................
Sertoma Senior Citizens Housing, Inc. ........................................................................................................
Brownsville Gardens ....................................................................................................................................
Schuyler Court Apartments ..........................................................................................................................
Providence Hall ............................................................................................................................................
Metro Interfaith .............................................................................................................................................
Mercy Terrace ..............................................................................................................................................
Ivy Avenue Apartments ................................................................................................................................
River Run Apartments ..................................................................................................................................
Cooper Road Plaza Apartments ..................................................................................................................
Fairington of Fort Wayne .............................................................................................................................
Shy Manor Apartments ................................................................................................................................
Eastgate Garden Apartments ......................................................................................................................
Blakewood Apartments ................................................................................................................................
Neighborhood Apartments ...........................................................................................................................
Barclay Greenmount ....................................................................................................................................
Oakwood Apartments ...................................................................................................................................
Hampshire House ........................................................................................................................................
Highland Heights Apartments ......................................................................................................................
Belmont Court Apartments ...........................................................................................................................
Birchwood Manor .........................................................................................................................................
Woodland Heights ........................................................................................................................................
Holsey Cobb Village Apartments .................................................................................................................
Abram-King Memorial Apartments ...............................................................................................................
Eden Green Apartments ..............................................................................................................................
Grant Towers ...............................................................................................................................................
La Serena Apartments .................................................................................................................................
Madonna Manor ...........................................................................................................................................
Lake Chelan Community Apartments ..........................................................................................................
Cumberland Manor ......................................................................................................................................
Edgewood Village Apartments .....................................................................................................................
Fowler Apartments .......................................................................................................................................
Beasley Mills Apartments .............................................................................................................................
Jamestown Square of Washington ..............................................................................................................
Cambridge Square of Bedford .....................................................................................................................
Alta Vista Apartments ..................................................................................................................................
West View Manor .........................................................................................................................................
Highland Crest Apartments ..........................................................................................................................
Troy Manor Cooperative II ...........................................................................................................................
Troy Manor Cooperative III ..........................................................................................................................
Denair Manor Apartments ............................................................................................................................
Rosa Parks Apartments ...............................................................................................................................
Townhouse Apartments ...............................................................................................................................
Southwest Village Apartments .....................................................................................................................
Fairlane Apartments .....................................................................................................................................
Marshall Plaza II ..........................................................................................................................................
Southfield Apartments ..................................................................................................................................
Oak Hill Manor .............................................................................................................................................
Flores Gardens Apartments .........................................................................................................................
Cambridge Square of Marion .......................................................................................................................
Gary NSA V .................................................................................................................................................
Broadway House ..........................................................................................................................................
Stonehenge Apartments ..............................................................................................................................
Park Heights Apartments .............................................................................................................................
Cavalier Apartments .....................................................................................................................................
Glacier Manor ...............................................................................................................................................
Malcolm X 11-Phase A Apartments .............................................................................................................
Vinton Woods Cooperative III ......................................................................................................................
Cedar Avenue Apartments ...........................................................................................................................
Manor House Apartments ............................................................................................................................
Alamo Village Apartments ............................................................................................................................
Fifty Oaks Apartments .................................................................................................................................
Fox Run Apartments ....................................................................................................................................
William H. Bell Apartments ..........................................................................................................................
Stone Vista Apartments ...............................................................................................................................
Pine Hill Estates ...........................................................................................................................................
Castle Manor Apartments ............................................................................................................................
Villa Fontana Apartments .............................................................................................................................
Town and Country Apartments ....................................................................................................................
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
FHA No.
01332005
03435212
06535082
07335286
04535074
06535012
02336614
02335279
01257322
06135031
04544014
01235541
01257017
07135254
07392002
04535069
12344044
04535018
07435003
02336616
08635013
06544052
07344071
10335020
05392508
01335128
11535162
10244092
10235105
01444043
08635149
11344016
06111135
06535005
04535007
01444056
07344119
07344118
06135536
06235323
09344055
07135426
05335009
06744125
09335035
08611043
01257288
04335098
08635015
08144038
05294031
04444005
04244054
09335092
07335018
01435035
05335047
08635062
08344019
08335344
08335222
04535078
10235111
11435045
11435007
04635046
04255046
04244043
11735033
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VerDate jul<14>2003
Project
State
Amsterdam Sr. Citizen Housing ...................................................................................................................
Monte Vista Apartments ...............................................................................................................................
Edgewood Manor Apartments .....................................................................................................................
Camelot Court of Paoli .................................................................................................................................
Freedom Place I ...........................................................................................................................................
Susie B. West Apartments ...........................................................................................................................
Field Corner Granite ....................................................................................................................................
Ashland Commons .......................................................................................................................................
Woodycrest Courts II ...................................................................................................................................
Eastgate Apartments ....................................................................................................................................
Vandalia Terrace Apartments ......................................................................................................................
New Square Family Housing .......................................................................................................................
Friendset Apartments ...................................................................................................................................
Ridgewood Towers Apartments ...................................................................................................................
South Towne Square Apartments ................................................................................................................
Dunbar Towers .............................................................................................................................................
Hartford Apartments .....................................................................................................................................
Calhoun Homes ...........................................................................................................................................
Oakridge Neighborhood (DMACC) ..............................................................................................................
Quincy Geneva—Granite #11B ...................................................................................................................
East Gate Apartments ..................................................................................................................................
Broadway Estates ........................................................................................................................................
Garden Estates West ...................................................................................................................................
Valentine Apartments ...................................................................................................................................
Spring Valley Apartments ............................................................................................................................
Fulton Mill Apartments .................................................................................................................................
Rio Hondo Village ........................................................................................................................................
Concordia Apartments .................................................................................................................................
Concordia II Apartments ..............................................................................................................................
Apple Blossom Acres ...................................................................................................................................
Algood Manor Apartments ...........................................................................................................................
Woodland Village Apartments ......................................................................................................................
Wisdom Woods Apartments ........................................................................................................................
Francis Street Apartments ...........................................................................................................................
Miracle Acres ...............................................................................................................................................
Corning Mews Apartments ...........................................................................................................................
Gardenside Terrace Cooperative II .............................................................................................................
Gardenside Terrace Cooperative I ..............................................................................................................
Amberwood Apartments ...............................................................................................................................
Claiborne Arms Apartments .........................................................................................................................
Thompson Falls Lions Manor ......................................................................................................................
Concord Commons Apartments ...................................................................................................................
Zion Hills Apartments ...................................................................................................................................
Palm Avenue Baptist Apartments ................................................................................................................
Sunset Capital Apartments ..........................................................................................................................
Buena Vista Manor Apartments ...................................................................................................................
McKinley Manor Apartments ........................................................................................................................
Garden Manor Apartments ..........................................................................................................................
Haynes Garden Apartments ........................................................................................................................
Tyson Park Apartments ...............................................................................................................................
York Park Apartments ..................................................................................................................................
Asbury Apartments .......................................................................................................................................
Channelwood Village (aka Callis Tower) .....................................................................................................
Crestwood Inn ..............................................................................................................................................
Greenwood Apartments ...............................................................................................................................
Touraine Apartments ....................................................................................................................................
Stewart’s Creek Apartments ........................................................................................................................
Spring Haven Apartments ............................................................................................................................
Heather Hills II Apts (aka Danville II) ..........................................................................................................
Countryview Apartments ..............................................................................................................................
Holley Manor Annex Apartments .................................................................................................................
Montani Towers ............................................................................................................................................
Greenway Park Apartments .........................................................................................................................
Pineview Apartments ...................................................................................................................................
Louis Manor Apartments ..............................................................................................................................
Parkview Arms I ...........................................................................................................................................
Marshall Plaza I ...........................................................................................................................................
Moody Manor ...............................................................................................................................................
Columbia Square Apartments ......................................................................................................................
17:47 Jan 11, 2005
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Nature of Requirement: Section
200.40 establishes fees to be applied to
M2M transactions with FHA insured
mortgages. The intent of this provision
is to provide an extra incentive to
encourage owner cooperation with the
process in a timely manner.
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The projects listed
above were FHA insured and incentives
were necessary to encourage
cooperation.
Contact: Norman Dailey, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202)
708–0614.
• Regulation: 24 CFR 290.30(a).
Project/Activity: 658 Montgomery
Street, Project Number: 012–35199.
Nature of Requirement: Section
290.30(a) requires that HUD-held
multifamily mortgages be sold on a
competitive basis, except for certain
‘‘negotiated’’ sales to state or local
governments.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner
requested prepayment of the mortgage.
However, in lieu of paying off the
mortgage directly, the borrower
requested that the HUD loan secured by
the project be assigned to Washington
Mutual Bank for mortgage tax savings
purposes. Washington Mutual Bank
agreed to this assignment and to pay the
full amount of the HUD loan.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 290.30(a).
Project/Activity: 675 Empire
Boulevard, Project Number: 012–35200.
Nature of Requirement: Section
290.30(a) requires that HUD-held
multifamily mortgages be sold on a
competitive basis, except for certain
‘‘negotiated’’ sales to state or local
governments.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner
requested prepayment of the mortgage.
However, in lieu of paying off the
mortgage directly, the borrower
requested that the HUD loan secured by
VerDate jul<14>2003
17:47 Jan 11, 2005
Jkt 205001
the project be assigned to Washington
Mutual Bank for mortgage tax savings
purposes. Washington Mutual Bank
agreed to this assignment and to pay the
full amount of the HUD loan.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 290.30(a).
Project/Activity: 349 Crown Street,
Project Number: 012–35201.
Nature of Requirement: Section
290.30(a) requires that HUD-held
multifamily mortgages be sold on a
competitive basis, except for certain
‘‘negotiated’’ sales to state or local
governments.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner
requested prepayment of the mortgage.
However, in lieu of paying off the
mortgage directly, the borrower
requested that the HUD loan secured by
the project be assigned to Washington
Mutual Bank for mortgage tax savings
purposes. Washington Mutual Bank
agreed to this assignment and to pay the
full amount of the HUD loan.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 290.30(a).
Project/Activity: Hilltop Gardens,
Project Number 051–EH002.
Nature of Requirement: Section
290.30(a) requires that HUD-held
multifamily mortgages be sold on a
competitive basis, except for certain
‘‘negotiated’’ sales to state or local
governments.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 13, 2004.
Reason Waived: The project owner
requested prepayment of the mortgage.
However, in lieu of HUD entering into
a non-competitive loan sale
arrangement, the non-profit sponsor
requested a negotiated sale for a price
equal to the outstanding mortgage
balance. The negotiated sale was
determined more beneficial to the
community than a competitive note sale
to the highest bidder because the
sponsor’s purchase of the note ensures
a local, continuing involvement in this
facility.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
PO 00000
Frm 00007
Fmt 4701
Sfmt 4703
2223
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 291.210(a).
Project/Activity: Single Family
Property Disposition.
Nature of Requirement: Section
291.210(a) permits direct sales without
mortgage insurance to governmental
entities and private nonprofit
organizations at deep discounts off the
list price of properties sold for use in
HUD and local housing or homeless
programs. Section 291.210(c) permits
HUD to dispose of HUD-owned single
family properties through direct sales to
other individuals or entities that do not
meet any of the categories specified in
this section, if a finding is made by the
Assistant Secretary for Housing-Federal
Housing Commissioner, or his or her
designee, in writing, that such sales
would further the goals of the National
Housing Act (12 U.S.C. 1701 et seq.) and
would be in the best interest of the
Secretary.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 29, 2004.
Reason Waived: A waiver of the
requirements of 24 CFR 291.210 (a) was
needed in order to provide authority for
governmental entities, school districts
and private nonprofit organizations to
purchase properties offered with
mortgage insurance on a direct sales
basis and to provide discounts of 50
percent for use in the Teacher Next Door
Initiative. Based on HUD’s experience
with REO sales, it would not be
detrimental to the insurance fund to
permit governmental entities, school
districts, and private nonprofit
organizations to purchase properties
offered with mortgage insurance on a
direct sales basis or to provide discounts
of 50 percent on properties sold for use
in the Teacher Next Door Initiative.
These sales will be upon such terms and
conditions as the Secretary may
prescribe. This finding applies to the
direct sale of HUD-owned properties to
teachers in designated revitalization
areas. The Teacher Next Door Initiative
gives teachers the opportunity to live
and work in communities where they
are most needed. The integration of
teachers, who are role models and
mentors, into a community enhances
the community’s quality of life. To date,
the program has enabled the Department
to dispose of 3,700 properties from its
inventory, while providing
homeownership to an equivalent
number of qualified buyers and
supporting residency of employed,
E:\FR\FM\12JAN2.SGM
12JAN2
2224
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
professional teachers in revitalization
areas.
Contact: Wanda Sampedro, Director,
Asset Management and Disposition
Division, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Washington, DC 20410–7000,
telephone (202) 708–1672.
• Regulation: 24 CFR 401.461.
Project/Activity: The following
projects requested waivers to the simple
interest requirement on the second
mortgage to allow compound interest at
the applicable federal rate.
FHA No.
Project
07235081 ..........................
Bissel Apartments ........................................................................................................................................
Nature of Requirement: Section
401.461 requires that the second
mortgages have an interest rate not more
than the applicable federal rate. Section
401.461 (b)(1) states that interest will
accrue but not compound. The intent of
simple interest instead of compound
interest is to limit the size of the second
mortgage accruals to increase the
likelihood of long-term financial and
physical integrity.
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 17,2004.
Reason Waived: This regulatory
restriction would be construed as a form
of federal subsidy, thereby creating a
loss of tax credit equity. This loss would
adversely affect the ability to close the
Restructuring Plan and could cause the
loss or deterioration of these affordable
housing projects. Therefore, compound
interest was necessary for the owner to
obtain Low Income Housing Tax Credits
under favorable terms and in order to
maximize the savings to the Federal
Government.
State
Contact: Dennis Manning, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202)
708–0614.
• Regulation: 24 CFR 401.461.
Project/Activity: The following
projects requested waivers to the simple
interest requirement on the second
mortgage to allow compound interest at
the applicable federal rate.
FHA No.
Project
11235331 ..........................
Village of Kaufman .......................................................................................................................................
Nature of Requirement: Section
401.461 requires that the second
mortgages have an interest rate not more
than the applicable federal rate. Section
401.461 (b)(1) states that interest will
accrue but not compound. The intent of
simple interest instead of compound
interest is to limit the size of the second
mortgage accruals to increase the
likelihood of long-term financial and
physical integrity.
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: This regulatory
restriction would be construed as a form
of federal subsidy, thereby creating a
loss of tax credit equity. This loss would
adversely affect the ability to close the
Restructuring Plan and could cause the
loss or deterioration of these affordable
housing projects. Therefore, compound
interest was necessary for the owner to
obtain Low Income Housing Tax Credits
under favorable terms and in order to
maximize the savings to the Federal
Government.
State
• Regulation: 24 CFR 401.600.
Project/Activity: The following
projects requested waivers to the 12month limit at above-market rents.
Project
07435185 ..........................
01257298 ..........................
3135237 ............................
07135568 ..........................
13344039 ..........................
01435051 ..........................
07135481 ..........................
12335128 ..........................
10535072 ..........................
05335424 ..........................
01635074 ..........................
01335113 ..........................
Adams Court ................................................................................................................................................
Alexander Coprew Apartments ....................................................................................................................
Arlington Arms Apartments ..........................................................................................................................
Austin Renaissance .....................................................................................................................................
Childress Manor ...........................................................................................................................................
Colt Block Apartments .................................................................................................................................
Corcoran Place Apartments .........................................................................................................................
Fillmore I ......................................................................................................................................................
Glenbrook Apartments .................................................................................................................................
South Village Apartments ............................................................................................................................
Villa Excelsior ...............................................................................................................................................
Woodburn Court II ........................................................................................................................................
VerDate jul<14>2003
17:47 Jan 11, 2005
Jkt 205001
properties will not default on their FHA
insured mortgages during the
restructuring process.
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
PO 00000
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TX
Contact: Dennis Manning, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202)
708–0614.
FHA number
Nature of Requirement: Section
401.600 requires that projects be marked
down to market rents within 12 months
of their first expiration date after
January 1, 1998. The intent of this
provision is to ensure timely processing
of requests for restructuring and that the
IL
State
IA
NY
NJ
IL
TX
NY
IL
AZ
UT
NC
RI
NY
Reason Waived: The projects listed
above were not assigned to the
participating administrative entities
(PAEs) in a timely manner and therefore
the restructuring analysis was
unavoidably delayed due to no fault of
the owner.
E:\FR\FM\12JAN2.SGM
12JAN2
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Contact: Norman Dailey, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410, telephone (202)
708–0614.
• Regulation: 24 CFR 401.600.
FHA No.
06135370
01435062
07135469
07135455
11435350
05335319
05335440
05335387
06535363
06335206
06735272
10235180
10235178
10235139
12235570
01257278
01235527
01232237
03435209
03435167
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Project
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 16, 2004.
Reason Waived: The projects listed
above were not assigned to the
participating administrative entities
(PAEs) in a timely manner or the
restructuring analysis was unavoidably
delayed due to no fault of the owner.
FHA number
..........................
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State
Russel Erskine Apartments ..........................................................................................................................
Castle Creek Commons East ......................................................................................................................
Southview Apartments I (aka Southview West) ..........................................................................................
Bridge Creek Apartments .............................................................................................................................
Greenway of Burlington ...............................................................................................................................
Washington Scene Apartments ...................................................................................................................
Maplewood Loop Apartments ......................................................................................................................
Highland View Apartments ...........................................................................................................................
Melford Village .............................................................................................................................................
Miami Manor ................................................................................................................................................
Chester Apartments .....................................................................................................................................
Coplay Apts./Eagle Apts. .............................................................................................................................
17:47 Jan 11, 2005
Jkt 205001
Reason Waived: The projects listed
above were not assigned to the
participating administrative entities
(PAEs) in a timely manner or the
restructuring analysis was unavoidably
delayed due to no fault of the owner.
Contact: Norman Dailey, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202)
708–0614.
PO 00000
• Regulation: 24 CFR 891.100(d).
Frm 00009
Fmt 4701
Sfmt 4703
GA
NY
IL
IL
TX
NC
NC
NC
MS
FL
FL
KS
KS
KS
CA
NY
NY
NY
PA
PA
Contact: Norman Dailey, Office of
Affordable Housing Preservation,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410; telephone (202)
708–0614, ext. 8371.
• Regulation: 24 CFR 401.600.
Project/Activity: The following
projects requested waivers to the 12month limit at above-market rents (24
CFR 401.600):
Project
Nature of Requirement: Section
401.600 requires that projects be marked
down to market rents within 12 months
of their first expiration date after
January 1, 1998. The intent of this
provision is to ensure timely processing
of requests for restructuring and that the
properties will not default on their FHA
insured mortgages during the
restructuring process.
Granted By: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 16, 2004.
VerDate jul<14>2003
State
Georgian Woods Apartments .......................................................................................................................
East Court V .................................................................................................................................................
Englewood Eden Green ...............................................................................................................................
Loma Linda Apartments ...............................................................................................................................
Bay Terrace Apartments ..............................................................................................................................
Alamance Plaza ...........................................................................................................................................
Arcadia Village Apartments ..........................................................................................................................
Northwood Apartments ................................................................................................................................
Decatur Meadows Apartments .....................................................................................................................
Harbour Place Apartments ...........................................................................................................................
Hudson Estates ............................................................................................................................................
Brookridge Plaza Apartments ......................................................................................................................
Jewel Crest ..................................................................................................................................................
Mulberry Court Apartments ..........................................................................................................................
Plummer Village ...........................................................................................................................................
Elliot Graham Housing .................................................................................................................................
Highland Falls Housing ................................................................................................................................
Southport Mews Apartments ........................................................................................................................
Dorado Village ..............................................................................................................................................
Freeland Elderly Housing .............................................................................................................................
Nature of Requirement: Section
401.600 requires that projects be marked
down to market rents within 12 months
of their first expiration date after
January 1, 1998. The intent of this
provision is to ensure timely processing
of requests for restructuring and that the
properties will not default on their FHA
insured mortgages during the
restructuring process.
06235318
10135362
00035309
06135387
07435184
07135483
08535312
06535222
04335284
04644100
03435214
03435216
Project/Activity: The following
projects requested waivers to the 12month limit at above-market rents (24
CFR 401.600):
AL
CO
DC
GA
IA
IL
MO
MS
OH
OH
PA
PA
Project/Activity: L.C. Hotchkiss
Terrace, Clovis, CA, Project Number:
121–EE163/CA39–S021–008.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 2, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
E:\FR\FM\12JAN2.SGM
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Paumanack Village
VI, Melville, NY, Project Number: 012–
EE322/NY36–S021–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 7, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Fayette Hills Unity,
Oakhill, WV, Project Number: 045–
HD033/WV15–Q011–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Carnation Housing
for the Elderly, Orchard Park, NY,
Project Number: 014–EE217/NY06–
S021–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
VerDate jul<14>2003
18:45 Jan 11, 2005
Jkt 205001
Date Granted: July 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Les Petites Maison,
Lafayette, LA, Project Number: 064–
HD072/LA48–Q021–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Fairham Homes,
Middletown, OH, Project Number: 046–
HD025/OH10–Q011–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: St. Anne Residence,
Beardstown, IL, Project Number: 072–
EE148/IL06–S021–012.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
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Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: West Brighton
Seniors, Brighton, NY, Project Number:
014–EE206/NY06–S011–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 14, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Williams Street
Apartments, Jefferson City, MO, Project
Number: 085–HD036/MO36–Q002–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 15, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Michigan/Jefferson
Housing, Galesburg, IL, Project Number:
072–HD121/IL06–Q021–004.
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Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 15, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Providence St.
Elizabeth House, Seattle, WA, Project
Number: 127–EE032/WA19–S011–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 21, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Highland County
VOA Living Center, Sebring, FL, Project
Number: 067–HD091/FL29–Q021–007.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 22, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
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Jkt 205001
• Regulation: 24 CFR 891.100(d).
Project/Activity: Arcadia Commons,
Albany, GA, Project Number: 061–
EE110/GA06–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 22, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Diggs Drive Group
Home, Hampton, VA, Project Number:
051–HD115/VA36–Q021–006.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 27, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Charles A. Gonzalez
Senior Community Residence, San
Antonio, TX, Project Number: 115–
EE066/TX59–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 29, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
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2227
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: John Marvin Tower,
Augusta, ME, Project Number: 024–
EE067/ME36–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 29, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Christian Life
Retirement Center V, North Aurora, IL,
Project Number: 071–EE165/IL06–S011–
002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 5, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Pathways, Inc.,
Greenwich, CT, Project Number: 017–
HD022/CT26–Q981–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 5, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
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and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Winchester Senior
Housing, Elko, NV, Project Number:
125–EE118/NV25–S011–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 6, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Catholic Charities
Senior Housing at Woodlawn,
Baltimore, MD, Project Number: 052EE051/MD06-S031–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 18, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Brook Street Group
Home, Ilion, NY, Project Number: 014–
HD110/NY06–Q021–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
VerDate jul<14>2003
18:45 Jan 11, 2005
Jkt 205001
Date Granted: August 18, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Sawyer Street House,
South Portland, ME, Project Number:
024–HD040/ME36–Q021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 19, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Peggy Alsup Arbors,
Nashville, TN, Project Number: 086–
EE043/TN43–S021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Beach Street House,
Saco, ME, Project Number: 024–HD039/
ME36–Q021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
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Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: 15th Avenue Baptist
Village Manor, Nashville, TN, Project
Number: 086–Ee044/TN43–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Germantown Park,
Germantown, OH, Project Number: 046–
EE069/OH10–S031–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Riverside Park,
Riverside, OH, Project Number: 046–
EE070/OH10–S031–004.
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Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Legion Woods, New
Haven, CT, Project Number: 017–
HD028/CT26–Q001–004.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 27, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Delano Commons,
Delano, MN, Project Number: 092–
EE093/MN46–S031–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 30, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
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Jkt 205001
• Regulation: 24 CFR 891.100(d).
Project/Activity: Bausman Street
Independent Living, Pittsburgh, PA,
Project Number: 033–HD078/PA28–
Q021–006.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 31, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Venture 2002
Development, New York City, NY,
Project Number: 012–HD112/NY36–
Q021–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 31, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: East Bay Mental
Health, East Providence, RI, Project
Number: 016–HD033/RI43–Q001–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 3, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
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Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Hunterdon Consumer
Home, East Amwell, NJ, Project
Number: 031–HD121/NJ39–Q001–012.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 3, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Shenandoah
Apartments, Lafayette, TN, Project
Number: 086–EE050/TN43–S031–004.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Portland Habilitation
Center, Portland, OR, Project Number:
126–HD037/OR16–Q–021–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
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in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Delran Consumer
Home, Delran, NJ, Project Number: 035–
HD046/NJ39–Q001–015.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: D’Youville Senior
Living, Lowell, MA, Project Number:
023–EE155/MA06–S021–006.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Community Hope VII
Consumer Home, Sussex, NJ, Project
Number: 031–HD130/NJ39–Q011–009.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
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Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Saint Mark’s Villa II,
Jackson, MS, Project Number: 065–
EE037/MS26–S021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Rosewood
Apartments, Kansas City, MO, Project
Number: 084–HD040/MO16–Q021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Faith Village,
Houston, TX, Project Number: 114–
EE096/TX24–S021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
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Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: St. Jude Apartments
II, Gates, NY, Project Number: 014–
EE216/NY06–S021–004.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: La Casa, North
Providence, RI, Project Number: 016–
EE035/RI43–S001–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Titus House, Erie,
PA, Project Number: 033–HD074/OA28–
Q021–002.
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Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 12, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Casa del Rio Grande,
Del Norte, CO, Project Number: 101–
EE055/CO099–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 16, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Simpson Mid-Town,
Philadelphia, PA, Project Number: 034–
EE107/PA26–S001–007.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 17, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
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Jkt 205001
• Regulation: 24 CFR 891.100(d).
Project/Activity: New Courtland
Section 202, Philadelphia, PA, Project
Number: 034–EE119/PA26–S011–009.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 20, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Independence
Village, Huntsville,TX, Project Number:
114–HD024/TX24–Q021–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Independence Hill,
Moscow, ID, Project Number: 124–
HD011/ID16–Q021–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
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2231
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Billings VOA Elderly
Housing, Billings, MT, Project Number:
093–EE013/MT99–S021–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.130.
Project/Activity: Victory Gardens,
New Haven, CT, Project Number: 017–
EE066/CT26–S011–002.
Nature of Requirement: Section
891.130(b) prohibits an identify of
interest between the sponsor or owner
(or borrower, as applicable) and any
development team member or between
development team members until three
years after final closing (for conflicts of
interest) and two years after final
closing (for identities of interest).
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 2, 2004.
Reason Waived: Funds made from the
sale of the parcel of land were limited
to the actual acquisition cost incurred
by the Housing Authority of the City of
New Haven (NHHA) affiliate and were
a minimal amount in comparison to the
appraised value of the parcel. Also,
NHHA and the City of New Haven
contributed substantial funds to the
project.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.130(b).
Project/Activity: New Stuyahok
Senior Apartments, New Stuyahok, AK,
Project Number: 176–EE026/AK06–
S021–001.
Nature of Requirement: Section
891.130(b) prohibits an identify of
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interest between the sponsor or owner
(or borrower, as applicable) and any
development team member or between
development team members until two
years after final closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 16, 2004.
Reason Waived: The Housing
Authority is the only agency in the
remote Alaska Village capable of
managing the project, and it received no
benefit from the donation of the land.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.130(b).
Project/Activity: Luther House III of
Jennersville, West Grove, PA, Project
Number: 034–EE130/PA26–S032–002.
Nature of Requirement: Section
891.130(b) prohibits an identify of
interest between the sponsor or owner
(or borrower, as applicable) and any
development team member or between
development team members until two
years after final closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The sponsor located
a third-party architectural firm to
conduct all supervision inspections
during construction as well as to buy
the rights of the plans from the previous
architect.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: River View Gardens,
New York—Queens, NY, Project
Number: 012–EE195/NY36–S961–013.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 28, 2004.
Reason Waived: The project is
economically designed and comparable
VerDate jul<14>2003
18:45 Jan 11, 2005
Jkt 205001
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
needed to issue the firm commitment
application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: Victory Heights,
Washington, DC, Project Number: 000–
EE058/DC39–S021–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 25, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
needed to secure funding from the local
government.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: Encore West
Residence, New York, NY, Project
Number: 012–EE286/NY36–S0010001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 27, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
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obtain additional funding from other
sources. Also, additional time was
needed to issue the firm commitment
application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: Calloway Street One,
Salisbury, MD, Project Number: 052–
EE042/MD06–S011–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 31, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
needed to issue the firm commitment
application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: North End New
Bedford Housing for the Elderly, New
Bedford, MA, Project Number: 023–
EE129/MA06–S011–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
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sources. Also, additional time was
needed to finalize the initial closing
package.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: NCR of Memphis,
Memphis, TN, Project Number: 081–
EE033/TN40–S011–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
needed to process the request for
additonal funding and to modify the
construction documents.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: Wisconsin Street
Project, Casper, WY, Project Number:
109–EE006/WY99–S011–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 16, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
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18:45 Jan 11, 2005
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needed to hire another housing
consultant, to redesign the heating
system and to issue the firm
commitment application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165 and 24
CFR 891.100(d).
Project/Activity: Billings VOA Elderly
Housng, Billings, MT, Project Number:
093–EE013/MT99–S021–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to initial closing. Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. Also, additional time was
needed to issue the firm commitment
application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Nanaikeola Senior
Apartments, Waianae, HI, Project
Number: 140–EE019/HI10–S991–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 2, 2004.
Reason Waived: Additional time was
needed to resolve and process the firm
commitment application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
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Project/Activity: Spruce Landing,
Kansas City, MO, Project Number: 084–
HD036/MO16–Q011–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: Additional time was
needed to secure the building permit.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: St. John’s Manor,
Glendale, AZ, Project Number: 123–
EE079/AZ20–S011–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 14, 2004.
Reason Waived: Additional time was
needed to secure approval from the City
of Glendale on the design plans.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Genesee Housing,
Seattle, WA, Project Number: 127–
HD028/WA19–Q011–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 21, 2004.
Reason Waived: Additional time was
needed for the Internal Revenue Service
to resolve the issue with project rental
assistance contracts as it relates to tax
credit eligibility.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
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Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Housing
Opportunities Corporation, North
Providence, RI, Project Number: 016–
EE035/RI43–S011–002.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 21, 2004.
Reason Waived: Additional time was
needed to seek alternative sites due to
zoning issues.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: East Bay Mental
Health Center, East Providence, RI,
Project Number: 016–HD033/RI43–
Q001–003.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 21, 2004.
Reason Waived: Additional time was
needed to seek an alternative site due to
zoning issues.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Simpson Mid-Town
Apartments, Philadelphia, PA, Project
Number: 034–EE107/PA26–S001–007.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
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Date Granted: July 27, 2004.
Reason Waived: Additional time was
needed to process the firm commitment
application.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Emerald Bay Estates,
South Lake Tahoe, CA, Project Number:
136–HD014/CA30–Q011–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: July 28, 2004.
Reason Waived: Additional time was
needed to make revisions to the design
of the project, obtain necessary state,
regional and local approvals, and to
allow for seasonal construction
limitations.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: NCR of Memphis,
Memphis, TN, Project Number: 081–
EE033/TN40–S011–003.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 2, 2004.
Reason Waived: Additional time was
needed to seek an alternative site.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Tierra del Sol,
Cathedral City, CA, Project Number:
143–EE041/CA43–S001–005.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
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issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 3, 2004.
Reason Waived: Additional time was
needed to modify the permit drawings.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Johnnie B. Moore
Towers, Atlanta, GA, Project Number:
061–EE094/GA06–S001–002.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 4, 2004.
Reason Waived: Additional time was
needed for scheduling the initial
closing.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Ottawa River Estates,
Toledo, OH, Project Number: 042–
HD072/OH12–Q971–004.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 20, 2004.
Reason Waived: Additional time was
needed as a result of legal issues that
arose in connection with this project.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: The Daisy House,
Rochester, NY, Project Number: 014–
EE208/NY06–S011–007.
Nature of Requirement: Section
891.165 provides that the duration of
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the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 28, 2004.
Reason Waived: Additional time was
needed to resolve Phase II
Environmental Site Assessment issues.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Cornhill Apartments,
Rochester, NY, Project Number: 014–
HD099/NY06–Q001–009.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 28, 2004.
Reason Waived: Additional time was
needed to resolve environmental issues
with the site.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: McDowell County
Housing Action Network, War, WV,
Project Number: 045–EE014/WV15–
S011–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
advance is 18 months from the date of
issuance with limited exceptions up to
24 months, as approved by HUD on a
case-by-case basis.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 28, 2004.
Reason Waived: Additional time was
needed to revise the plans and
specifications and to obtain
supplemental funding.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410–
8000, telephone (202) 708–3000.
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• Regulation: 24 CFR 891.205.
Project/Activity: Peebles Court,
Pulaski, TN, Project Number: 086–
HD032/TN43–Q031–002.
Nature of Requirement: Section
891.205 requires Section 202 project
owners to have tax-exempt status under
section 501(c)(3) or (c)(4) of the Internal
Revenue Code prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 9, 2004.
Reason Waived: The required taxexemption ruling was expected to be
issued soon, and was required to be
obtained prior to the final closing of the
project.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 891.205.
Project/Activity: Gladys Roden Senior
Village, Hohenwald, TN, Project
Number: 086–EE051/TN43–S032–005.
Nature of Requirement: Section
891.205 requires Section 202 project
owners to have tax-exempt status under
section 501(c)(3) or (c)(4) of the Internal
Revenue Code prior to initial closing.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 10, 2004.
Reason Waived: The required taxexemption ruling was expected to be
issued soon, and was required to be
obtained prior to the final closing of the
project.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 891.410(c).
Project/Activity: Riverview
Apartments, Sistersville, WV, Project
Number: 045–EH100.
Nature of Requirement: Section
891.410 relates to admission of families
to projects for elderly or handicapped
families that receive reservations under
section 202 of the Housing Act of 1959
and housing assistance under section 8
of the U.S. Housing Act of 1937. Section
891.410(c) limits occupancy to very
low-income elderly persons. To qualify,
households must include a minimum of
one person who is at least 62 years of
age at the time of initial occupancy.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 3, 2004.
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2235
Reason Waived: HUD approved an age
waiver only for the property to help
alleviate the occupancy problem.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410–7000, telephone
(202) 708–3730.
• Regulation: 24 CFR 891.410(c).
Project/Activity: Greenridge Place
Apartments, Meeker, OK, Project
Number: 117–EE023.
Nature of Requirement: Section
891.410 relates to admission of families
to projects for elderly or handicapped
families that receive reservations under
section 202 of the Housing Act of 1959
and housing assistance under section 8
of the U.S. Housing Act of 1937. Section
891.410(c) limits occupancy to very
low-income elderly persons. To qualify,
households must include a minimum of
one person who is at least 62 years of
age at the time of initial occupancy.
Granted by: John C. Weicher,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 24, 2004.
Reason Waived: A waiver of the
regulation for one year will allow the
owner to maintain full occupancy and
the project will not fail.
Contact: Beverly J. Miller, Director,
Office of Asset Management,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410–7000, telephone
(202) 708–3730.
III. Regulatory Waivers Granted by the
Office of Public and Indian
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 902.33(c).
Project/Activity: Brackettville Housing
Authority (TX239) Brackettville, TX.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. Unaudited financial
statements are required to be submitted
two months after the public housing
agency (PHA) fiscal year end, and
audited financial statements will be
required no later than nine months after
the PHA’s fiscal year end, in accordance
with the Single Audit Act and OMB
Circular A–133.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 7, 2004.
Reason Waived: The PHA received
less than $300,000 in federal funds.
Therefore, the PHA was not required to
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submit an audit. However, the PHA did
not submit its unaudited financial
statement. The late presumptive failure
(LPF) score for the audit was replaced
with LPF score for the unaudited
statement of 24.
Contact: Judy Wojciechowski,
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 1280
Maryland Ave., SW, Suite 800,
Washington, DC 20024, telephone (202)
708–4932.
• Regulation: 24 CFR 902.33(c).
Project/Activity: Georgetown Housing
Authority (TX264) Georgetown, TX.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates/ Unaudited financial
statements are required to be submitted
two months after the public housing
agency (PHA) fiscal year end, and
audited financial statements will be
required no later than nine months after
the PHA’s fiscal year end, in accordance
with the Single Audit Act and OMB
Circular A–133.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 15, 2004.
Reason Waived: The PHA uncovered
irregularities in previous years’ audits.
As a result, the contract with the auditor
was rescinded, and a new auditor was
hired. The auditor was unable to
complete the audit by the June 30, 2004,
due date. The audit was submitted
September 21, 2004, and approved
October 2, 2004.
Contact: Judy Wojciechowski,
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 1280
Maryland Ave., SW., Suite 800,
Washington, DC 20024, telephone (202)
708–4932.
• Regulation: 24 CFR 902.33(c).
Project/Activity: Virgin Islands
Housing Authority (VQ001) St. Thomas,
VI.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. Unaudited financial
statements are required to be submitted
two months after the public housing
agency (PHA) fiscal year end, and
audited financial statements will be
required no later than nine months after
the PHA’s fiscal year end, in accordance
with the Single Audit Act and OMB
Circular A–133.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 26, 2004.
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Reason Waived: The PHA has had to
reconstruct a substantial amount of
documentation in order to adequately
reconcile both financial and operational
data. Significant progress has been
made, but there are critical issues that
need be rectified before accurate audited
financial statements can be submitted.
The PHA has until November 15, 2004,
to complete and submit the audited
financial information.
Contact: Judy Wojciechowski,
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 1280
Maryland Ave., SW., Suite 800,
Washington, DC 20024, telephone (202)
708–4932.
• Regulation: 24 CFR
941.606(n)(1)(ii)(B).
Project/Activity: Metropolitan
Gardens, Phase II HOPE VI Project
AL09URD001I197, Birmingham, AL.
Nature of Requirement: Section
941.606(n)(1)(ii)(B) requires that if the
partner and/or owner entity (or any
other entity with an identity of interest
with such parties) wants to serve as a
general contractor for the project or
development, it may award itself the
construction contract only if it can
demonstrate to HUD’s satisfaction that
its bid is the lowest submitted in
response to a public request for bids.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian Housing
Date Granted: August 9, 2004.
Reason Waived: The Housing
Authority of the Birmingham District
(HABD) requested the waiver to use
Integral/Doster Metropolitan Gardens
Company Incorporated, a joint venture
of the Integral Building Group, LLC and
Doster Construction Partnership, Inc., as
the General Contractor for Phase II. The
HABD procured Metropolitan Gardens
Developer, LLC, comprised of the
Integral Properties, LLC and Sloss Real
Estate Group, Inc., as the Master
Developer for the revitalization of
Metropolitan Gardens. The Integral
Building Group is an affiliate of Integral
Properties, LLC. Integral/Doster
Metropolitan Gardens Construction LLC
did not bid to become the general
contractor, as specified in the provision
of the mixed financed regulation, but
HABD provided a demonstration that
the construction costs were reasonable
and are within HUD requirements. The
HABD submitted a third party cost
estimate of $14,156,885. The
construction cost provided by Integral/
Doster was $14,086,530, and was
$70,355 lower than the third party
estimate. As the construction contract is
less than or equal to the independent
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cost estimate, the Department granted
the waiver.
Contact: Milan Ozdinec, Deputy
Assistant Secretary, Housing
Investments, Office of Public and Indian
Housing, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 4130, Washington, DC
20410–5000, telephone (202) 401–8812.
• Regulation: 24 CFR 964.215(b).
Project/Activity: Housing Authority of
Baltimore City Grant Number—
MD00RSF002P0102.
Nature of Requirement: Section
964.215(b) provides that a grant
agreement shall be for a term of three to
five years (3–5 years), and renewable at
the expiration of the term.
Granted By: Michael M. Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 23, 2004.
Reason Granted: The housing
authority sought additional time for
phasing down training and for
providing follow-up services for
residents who had started their own
businesses.
Contact: Dina Lehmann-Kim,
Financial Management Division, Office
of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4226, Washington, DC 20410,
telephone 202–708–4932 x3410.
• Regulation: 24 CFR 983.3(a)(2).
Project/Activity: Clay County Housing
and Redevelopment Authority
(CCHRA), Clay County, MN. The
CCHRA requested a waiver regarding
uncommitted, available vouchers to
permit it to attach 19 project-based
vouchers to a combined 38-unit project
(an 8-unit of supportive housing project
and a 30-unit town house project) along
with the Moorhead Public Housing
Agency.
Nature of Requirement: Section
983.3(a)(2) requires that the number of
units to be project-based must not be
under a tenant-based or project based
housing assistance payments (HAP)
contract or otherwise committed, e.g.,
vouchers issued to families searching
for housing or units under an agreement
to enter into a HAP contract (AHAP).
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 1, 2004.
Reason Waived: The regulation was
waived because it was confirmed
through the CCHRA’s submission of its
most recent Voucher Management
System report and self-reported leasing
data for May and June 2004 that unitmonths leased were declining.
Additionally, the Public Housing
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Information Center (PIC) data verified
adequate turnover to support the
availability of the required 19 vouchers
at the time of AHAP execution.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.203(a)(3).
Project/Activity: Indianapolis Housing
Authority (IHA), Indianapolis, IN. The
IHA requested a waiver so that it could
maintain separate waiting lists for each
of its project-based voucher (PBV)
projects.
Nature of Requirement: Section
983.203(a)(3) requires that a public
housing agency (PHA) may use the
tenant-based waiting list, a merged
waiting list, or a separate PBV waiting
list for admission to the PBV program.
If a PHA opts to have a separate PBV
waiting list, it may use a single waiting
list for all PBV projects or may use a
separate PBV waiting list for an area not
smaller than a county or municipality.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 21, 2004.
Reason Waived: The waiver was
granted because section 8(o)(13)(J) of the
United States Housing Act of 1937
allows, subject to a PHA’s waiting list
policies and selection preferences, the
maintenance of separate waiting lists for
PBV structures as long as all families on
the PHA’s waiting list for PBV
assistance can place its name on any of
the separate PBV waiting lists. The
request was consistent with the statute.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and Section II , Subpart E of the
January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Detroit Housing
Commission (DHC), Detroit, MI. The
DHC requested a waiver of competitive
selection of owner proposals and
deconcentration requirements to permit
it to attach PBA to 50 units at
Woodbridge Estates.
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Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Section II subpart E of the Initial
Guidance requires that in order to meet
the Department’s goal of
deconcentration and expanding housing
and economic opportunities, the
projects must be in census tracts with
poverty rates of less than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 6, 2004.
Reason Waived: Approval to waive
competitive selection was granted for
this project since the project underwent
a competitive process and was awarded
Low Income Housing Tax Credits
through the Michigan State Housing
Development Authority. An exception
to the deconcentration requirements
was granted since Woodbridge Estates
will be located on the former site of
Jeffries Homes that had 2,170 public
housing units of which 1,873 were
demolished. The redeveloped site,
which will include Woodbridge Estates,
will have 767 units of mixed-income
housing. Another 142 units will be
developed in areas adjacent to the site.
Of the redevelopment units,
approximately 30 percent will be market
rate and 70 percent will be for lowincome families. A commercial
component is planned for the site that
will include up to 40,000 square feet of
retail space for small commercial
businesses. The significant decrease in
the number of assisted units at this
HOPE VI site and planned on-site
commercial development are consistent
with the goal of deconcentrating poverty
and expanding housing and economic
opportunities.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and Section II, Subpart E of the
January 16,2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Chicago Housing
Authority (CHA), Chicago, IL. The CHA
requested a waiver of competitive
selection of owner proposals and
deconcentration requirements to permit
it to attach PBA to 16 units at Liberty
Square.
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Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Section II subpart E of the Initial
Guidance requires that in order to meet
the Department’s goal of
deconcentration and expanding housing
and economic opportunities, the
projects must be in census tracts with
poverty rates of less than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 14, 2004.
Reason Waived: Approval to waive
competitive selection was granted for
this project since it underwent a
competitive process for Low Income
Housing Tax Credits through the Illinois
State Housing Development Authority
and Tax Increment Financing through
the City of Chicago’s Department of
Housing and the Chicago City Council.
An exception to the deconcentration
requirements was granted since all of
the sites of Liberty Square are within
one block of the HUD-designated
Empowerment Zone and should derive
its benefits. The purpose of establishing
empowerment zones is to open new
businesses, and create jobs, housing,
and new educational and healthcare
opportunities for thousands of
Americans. Just south of the Liberty
Square sites, a newly constructed
shopping center with a major
supermarket and ten-screen Cineplex
movie theatre has been developed. The
drop in the poverty rate of East Garfield
Park between 1990 and 2000 and the
goals of an Empowerment Zone are
consistent with the goal of
deconcentrating poverty and expanding
housing and economic opportunities.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and Section II, Subpart E of the
January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Warwick Housing
Authority (WHA), Warwick, RI. The
WHA requested a waiver of competitive
selection of owner proposals under the
project-based program for the Newport
Heights project. The WHA also
requested an exception to the initial
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guidance for the Newport Heights
project that is located in a census tract
with a poverty rate greater than 20
percent.
Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
PHA’s HUD-approved advertisement
and unit selection policy. Section II
subpart E of the Initial Guidance
requires that in order to meet the
Department’s goal of deconcentration
and expanding housing and economic
opportunities, the projects must be in
census tracts with poverty rates of less
than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 21, 2004.
Reason Waived: Approval to waive
competitive selection and related
requirements was granted for this
project since the developer/partner of
the project was competitively selected
for two previous federal programs.
Approval of the exception for
deconcentration was granted since the
area of the city where the units would
be located has been targeted for
revitalization and will be a mixed
income, privately managed community.
The units are part of a 329-unit HOPE
VI site and 70 of the 329 units will be
market rate units that are targeted to
households earning above 80 percent of
area median income. The revitalization
plan for the neighborhood in which the
units will be located includes the
construction of a college and day care
center. Additionally, a 14-acre mall has
been developed near the Newport
Heights site, which has created 400 new
jobs available to area residents.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and Section II, Subpart E of the
January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Housing Authority of
the City of Tampa (HACT), Tampa, FL.
The HACT requested a waiver of
competitive selection of owner
proposals and deconcentration
requirements to permit it to attach PBA
to 66 units at Belmont Heights Estates
Phase III.
Nature of Requirement: Section
983.51 requires competitive selection of
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owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Section II subpart E of the Initial
Guidance requires that in order to meet
the Department’s goal of
deconcentration and expanding housing
and economic opportunities, the
projects must be in census tracts with
poverty rates of less than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 27, 2004.
Reason Waived: Approval to waive
competitive selection was granted for
this project since the developer/partner
of this project participated in a
competitive process for bond financing
and low income housing tax credits that
required stringent selection criteria. An
exception to the deconcentration
requirements was granted since Belmont
Heights Estates Phase III will be located
on the former site of adjacent public
housing projects, Ponce de Leon Courts
and College Hill Homes, which had
1,300 units, all of which were
demolished. The redeveloped site,
which will include Belmont Heights
Estates Phase III, will have 825 rental
units of which 57 will be market rate.
The decrease of 532 assisted units at
this HOPE VI site along with newly
developed mixed-income housing, are
consistent with the goal of
deconcentrating poverty and expanding
housing and economic opportunities.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and Section II, Subpart F of the
January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Goshen Housing
Authority (GHA), Goshen, IN. The GHA
requested a waiver of competitive
selection of owner proposals and the 25
percent cap on the number of units in
a building that can have PBA attached
to permit it to attach PBA to nine units
at Lincoln Avenue Apartments.
Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Section II, Subpart F of the Initial
Guidance requires that no more than 25
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percent of the dwelling units in any
building may be assisted under a
housing assistance payments (HAP)
contract for PBA except for dwelling
units that are specifically made
available for elderly families, disabled
families and families receiving
supportive services. Until regulations
are promulgated regarding the category
of families receiving supportive
services, Headquarters has been
authorizing implementation of this
aspect of the law on a case-by-case
basis.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 9, 2004.
Reason Waived: Approval to waive
competitive selection was granted for
this project since it was competitively
awarded funding by the Indiana
Housing Finance Authority and the
Federal Home Loan Bank of
Indianapolis. An exception to the unit
cap was granted since the GHA
proposed to provide the following
supportive services to families living in
Lincoln Avenue Apartments: financial
literacy; nutrition; family interaction;
government and community awareness;
job training; and increased health care
awareness.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and 983.55(a) and (d), and
Section II subpart E of the January 16,
2001, Federal Register Notice, Revisions
to PHA Project-Based Assistance (PBA)
Program; Initial Guidance (Initial
Guidance).
Project/Activity: Richmond Housing
Authority (RHA), Richmond, CA. The
RHA requested a waiver of competitive
selection of owner proposals and
deconcentration requirements to permit
it to attach PBA to 62 units at the Easter
Hill HOPE VI Project.
Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Portions of §§ 983.55(a) and (d) for new
construction projects require
compliance with PHA selection criteria.
Section II, Subpart E of the Initial
Guidance requires that in order to meet
the Department’s goal of
deconcentration and expanding housing
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and economic opportunities, the
projects must be in census tracts with
poverty rates of less than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 8, 2004.
Reason Waived: Approval to waive
competitive selection and related
requirements was granted for this
project since it underwent a competitive
process when the RHA selected its
HOPE VI development partner. An
exception to the deconcentration
requirements was granted since within
the past ten years, approximately 2,200
new market rate residential units have
been built in the census tract and last
year, the seven-acre Harbor Gate
Shopping Center was completed. South
of the Easter Hill site the State
Department of Health Services is
developing a research facility projected
to house 1,000 employees. Another
economic development project will be
the conversion of the former Ford
assembly plant for commercial and
industrial use. These activities are
consistent with the goal of
deconcentration, and expanding
housing and economic opportunities.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(a), (b)
and (c), and 983.55(a) and (d), and
Section II Subpart E of the January 16,
2001, Federal Register Notice, Revisions
to PHA Project-Based Assistance (PBA)
Program; Initial Guidance (Initial
Guidance) and 24 CFR 983.203(a)(3).
Project/Activity: St. Louis Housing
Authority (SLHA), St. Louis, MO. The
SLHA requested a waiver of competitive
selection of owner proposals,
deconcentration, and waiting list
requirements to permit it to attach PBA
to 38 units at the Blumeyer Homes
HOPE VI Revitalization Project Phase 2.
Nature of Requirement: Section
983.51 requires competitive selection of
owner proposals in accordance with a
housing authority’s HUD-approved
advertisement and unit selection policy.
Portions of Section 983.55(a) and (d) for
new construction projects requires
compliance with PHA selection criteria.
Section II, Subpart E of the initial
guidance requires that in order to meet
the Department’s goal of
deconcentration and expanding housing
and economic opportunities, the
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projects must be in census tracts with
poverty rates of less than 20 percent.
Section 983.203(a)(3) requires that a
public housing agency (PHA) may use
the tenant-based waiting list, a merged
waiting list, or a separate PBV waiting
list for admission to the PBA program.
If a PHA opts to have a separate PBA
waiting list, it may use a single waiting
list for all PBA projects or may use a
separate PBA waiting list for an area not
smaller than a county or municipality
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 24, 2004.
Reason Waived: Approval to waive
competitive selection and related
requirements was granted for this
project since the developer/partner of
the two projects was competitively
selected by the SLHA as the HOPE VI
partner in accordance with 24 CFR
941.602(d)(1) which requires
competitive proposal procedures for
qualifications-based procurement. An
exception to the deconcentration
requirements was granted since the
overall revitalization plan for this HOPE
VI project was to replace 1,162 public
housing units with 229 replacement
public housing units, 112 non-public
housing Low Income Housing Tax
Credit units, 174 market rate rental units
and 300 homeownership units for an
overall reduction of 521 assisted, lowincome units in the census tract.
Approval to waive waiting list
requirements was granted since Section
8(o)(13)(J) of the U. S. Housing Act of
1937 allows, subject to a PHA’s waiting
list policies and selection preferences,
the maintenance of separate waiting
lists for PBA structures as long as all
families on the PHA’s waiting list for
PBA can place their names on any of the
separate PBA waiting lists.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority
City of Los Angeles (HACLA) Los
Angeles, CA. The HACLA requested a
exception payment standard that
exceeds 120 percent of the fair market
rent as a reasonable accommodation for
a housing choice voucher participant
that is developmentally disabled and
suffer from severe autism.
Nature of Requirement: Section
982.505(d) allows a PHA to approve a
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2239
higher payment within the basic range
for a family that includes a person with
disabilities as a reasonable
accommodation in accordance with 24
CFR part 8.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 14, 2004.
Reason Waived: Approval of the
waiver was granted to allow a housing
choice voucher participant to lease a
unit with the necessary amenities
required to maintain his health and live
independently and allow him additional
time to find another unit.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: New York State
Division of Housing and Community
Renewal (DHCR), New York, NY. The
DHCR requested a exception payment
standard that exceeds 120 percent of the
fair market rent as a reasonable
accommodation for a housing choice
voucher participant that is physically
disabled and suffer from multiple
sclerosis.
Nature of Requirement: Section
982.505(d) allows a PHA to approve a
higher payment within the basic range
for a family that includes a person with
disabilities as a reasonable
accommodation in accordance with 24
CFR part 8.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 11, 2004.
Reason Waived: Approval of the
waiver was granted to allow a housing
choice voucher participant to lease a
unit with the necessary amenities
required to maintain her health and live
independently and allow her additional
time to find another unit.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public and Voucher Programs, Office of
Public and Indian Housing, Department
of Housing and Urban Development,
451 Seventh Street, SW., Room 4210,
Washington, DC 20410, telephone (202)
708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Arlington County
Department of Human Services (DHS),
Arlington VA. Arlington County DHS
requested an extension of a special
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exception payment standard that
exceeds 120 percent of the fair market
rent as a reasonable accommodation for
a housing choice voucher holder’s
disabilities. These disabilities include
fibromyalgia, chronic fatigue syndrome,
anemia, arthritis, and severe allergic
reactions to chemicals and toxins found
in paint, turpentine, cleaning fluids, and
other substances.
Nature of Requirement: Section
982.505(d) allows a PHA to approve a
higher payment standard within the
basic range for a family that includes a
person with a disability as a reasonable
accommodation in accordance with 24
CFR part 8.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 8, 2004.
Reason Waived: Approval of the
waiver was granted to allow a disabled
housing choice voucher holder to
continue to reside in the two-bedroom
townhouse that has enabled her to
maintain her health and live
independently.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.207(b)(3).
Project/Activity: Minneapolis Public
Housing Authority (MPHA),
Minneapolis, MN. The MPHA requested
a waiver of a selection preference
regulation in order to select Housing
Opportunities for Persons with AIDS
(HOPWA)-eligible families to occupy
ten of the 28 units that will receive
project-based voucher assistance at the
Clare Apartments.
Nature of Requirement: Section
982.207(b)(3) states that a housing
agency may adopt a preference for
admission of families that include a
person with disabilities, but may not
adopt a preference for persons with a
specific disability, such as HIV/AIDS
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 12, 2004.
Reason Waived: Since by law persons
with HIV/AIDS only may occupy units
developed with HOPWA funds, a public
housing agency may only authorize
occupancy of such units that also
receive project-based voucher assistance
by persons with HIV/AIDS. Therefore,
in selecting families to refer to the
owner for occupancy of these units, the
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MPHA will have to pass over persons on
its waiting list until it reaches a person
with HIV/AIDS who is interested in
moving into one of these units at the
Clare Apartments.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR
983.256(c)(1)(i)(ii).
Project/Activity: Housing Authority of
New Orleans (HANO), New Orleans,
LA. The HANO requested a waiver of
the appraisal requirements to permit it
to attach project-based assistance (PBA)
under the Housing Choice Voucher
program to 100 scattered site units as
part of the St. Thomas HOPE VI
development.
Nature of Requirement: Section
983.256(c)(1)(i) states that to determine
that the initial rent to owner is
reasonable, the housing agency must use
a qualified State-certified appraiser who
has no direct or indirect interest in the
property or otherwise. Section
983.256(c)(1)(ii) requires that appraisers
complete a comparability analysis on
HUD-Form 92273.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 28, 2004.
Reason Waived: HANO contracted
with Applied Real Estate Analysis, Inc.
(AREA) to complete a comprehensive
rent reasonableness study to ensure that
the rents for Section 8 units are
reasonable. The methodology used to
develop the study is consistent with
regulations governing rent
reasonableness and equals or exceeds
what is normally done by State-certified
appraisers. The rent figure is based on
specific comparable units and on
market-defined values for the
differences between the comparable
units and the unit being leased.
Contact: Michael Dennis, Acting
Director, Housing Vouchers
Management and Operations Division,
Office of Public Housing and Voucher
Programs, Office of Public and Indian
Housing, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 4210, Washington, DC
20410, (202) 708–0477.
• Regulation: 24 CFR 982.207(b)(3).
Project/Activity: The Berkeley
Housing Authority (BHA), Berkeley, CA.
The BHA requested a waiver of a
selection preference regulation in order
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to select Housing Opportunities for
Persons with AIDS (HOPWA)-eligible
families to occupy two of the 39 units
that will receive project-based voucher
assistance at Sacramento Senior Homes.
Nature of Requirement: Section
982.207(b)(3) states that a housing
agency may adopt a preference for
admission of families that include a
person with disabilities, but may not
adopt a preference for persons with a
specific disability, such as HIV/AIDS.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 27, 2004.
Reason Waived: Since by law persons
with HIV/AIDS only may occupy units
developed with HOPWA funds, a public
housing agency may only authorize
occupancy of such units that also
receive project-based voucher assistance
by persons with HIV/AIDS. Therefore,
in selecting families to refer to the
owner for occupancy of these units, the
BHA will have to pass over other
elderly, disabled persons on its waiting
list until it reaches a person with HIV/
AIDS who is interested in moving into
one of these units at Sacramento Senior
Homes.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.617(c)(2).
Project/Activity: Bangor Housing
Authority (BHA), Bangor, ME. The BHA
requested that a waiver to the shared
housing regulations to permit the use of
the payment standard for a one-bedroom
unit rather than the pro-rata portion of
the payment standard for a threebedroom unit as a reasonable
accommodation for the voucher
participant with a disability. The
participant currently has a one-bedroom
voucher and has been renting a bedroom
in a three-bedroom house owned by a
friend, who also lives there. The owner
of the house wants more than the
maximum amount of rent that the
shared housing regulations allow. The
participant has been diagnosed with
Bipolar Disorder and Intermittent
Explosive Disorder. These conditions
are exacerbated by living in an
apartment complex with its constant
interactions with other tenants. The
participant’s therapist believes that it
would be beneficial for him to live in a
single-family home with a person he
trusts and with whom he can feel safe
and secure.
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Nature of Requirement: Section
982.617(c)(2) states that the rent to the
owner for a family may not exceed the
pro-rata portion of the payment
standard amount for the size of the
shared housing unit.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 11, 2004.
Reason Waived: Approval of the
waiver was granted to allow a disabled
voucher holder to continue to reside in
the house that he shares with a friend
he trusts and with whom he feels safe
and secure.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: Section II, subpart E of
the January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project/Activity: Myrtle Beach
Housing Authority (MBHA), City of
Myrtle Beach, SC. The MBHA requested
an exception to the initial guidance
since the Alliance Inn was located in a
census tract with a poverty rate of 25
percent.
Nature of Requirement: Section II,
Subpart E of the initial guidance
requires that in order to meet the
Department’s goal of deconcentration
and expanding housing and economic
opportunities, the projects must be in
census tracts with poverty rates of less
than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 8, 2004.
Reason Waived: Approval of the
exception for deconcentration was
granted because since 2000 there has
been investment of $109,350,000 in
housing, commercial and retail projects
in downtown Myrtle Beach. These
projects include: Corporate Center I and
II office park; Horry State Bank Myrtle
Beach Headquarters; 84 Lumber; Quality
Collision auto repair facility; United
Equipment Rentals; three hotels; and
three condominium/hotels. As a result,
500 jobs have been created in the census
tract and it is anticipated that an
additional 1,300 jobs will be created by
the end of the decade. The new housing
and economic development activity in
census tract 506 was consistent with the
goal of deconcentrating poverty and
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expanding housing and economic
opportunities.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: Section II, Subpart E of
the January 16, 2001, Federal Register
Notice, Revisions to PHA Project-Based
Assistance (PBA) Program; Initial
Guidance (Initial Guidance).
Project Activity: New York City
Housing Authority (NYCHA), New
York, NY. The NYCHA requested an
exception to the initial guidance since
St. John’s House II was located in a
census tract with a poverty rate of 46.1
percent.
Nature of Requirement: Section II,
Subpart E of the initial guidance
requires that in order to meet the
Department’s goal of deconcentration
and expanding housing and economic
opportunities, the projects must be in
census tracts with poverty rates of less
than 20 percent.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: July 14, 2004.
Reason Waived: Approval of the
exception for deconcentration was
granted since the project will be located
in the Bronx Civic Center Neighborhood
where more than $850 million of public
and private dollars will be invested in
housing, infrastructure improvements,
recreation, transportation and overall
revitalization of this neighborhood.
Specific projects include the new Bronx
Museum of the Arts ($10 million),
Department of Transportation projects
($337 million), the 161st Street Station
and Police Department District 11
Headquarters ($34 million), Criminal
Court Complex ($250 million), the High
School for Law, Government and Justice
($60 million) and Joyce Kilmer Park
Phases III and IV ($2 million). The
Criminal Court Complex will provide
800 new job opportunities. The
revitalization investment and job
opportunities in the neighborhood of
this project are consistent with the goals
of deconcentration.
Contact: Michael Dennis, Acting
Director, Housing Voucher Management
and Operations Division, Office of
Public Housing and Voucher Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
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• Regulation: 24 CFR 990.107(f) and
990.109.
Project/Activity: Rochester, NY,
Housing Authority. A request was made
to permit the Rochester Housing
Authority to benefit from energy
performance contracting for
developments that have resident-paid
utilities. The Rochester Housing
Authority estimates that it could
increase energy savings substantially if
it were able to undertake energy
performance contracting for its residentpaid utilities.
Nature of Requirement: Under 24 CFR
part 990, Operating Fund Formula
energy conservation incentive that
relates to energy performance
contracting currently applies to only
PHA-paid utilities. The Rochester
Housing Authority has resident-paid
utilities.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: August 27, 2004.
Reason Waived: In September 1996,
the Oakland Housing Authority was
granted a waiver to permit the Authority
to benefit from energy performance
contracting for developments with
resident-paid utilities. The waiver was
granted on the basis that the Authority
presented a sound and reasonable
methodology for doing so. The
Rochester Housing Authority requested
a waiver based on the same approved
methodology. The waiver permits the
Authority to exclude from its
Performance Funding System (PFS)
calculation of rental income the
increased rental income due to the
difference between updated baseline
utility allowances (before
implementation of the energy
conservation measures) and revised
allowances (after implementation of the
measures) for the project(s) involved for
the duration of the contract period,
which cannot exceed 12 years.
Contact: Chris Kubacki, Director,
Attn: Peggy Mangum, ext 3982, Public
Housing Financial Management
Division, Office of Public and Indian
Housing, Real Estate Assessment Center,
1280 Maryland Ave., SW., Suite 800,
Washington, DC 20024, telephone (202)
708–4932
• Regulation: 24 CFR 1000.214.
Project/Activity: The Kiowa Tribe of
Oklahoma’s submission of an Indian
Housing Plan (IHP) for Fiscal Year (FY)
2004 funding made available under the
Native American Housing Assistance
and Self-Determination Act
(NAHASDA) of 1996. The Tribe is
located in Carnegie, OK.
Nature of Requirement: Section
1000.214 establishes a July 1st deadline
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for the submission of an Indian Housing
Plan.
Granted By: Michael Liu, Assistant
Secretary for Public and Indian
Housing.
Date Granted: September 30, 2004.
Reason Waived: Due to tribal
elections not occurring until June 19,
VerDate jul<14>2003
17:47 Jan 11, 2005
Jkt 205001
2004, and other pressing matters, the
Kiowa Tribe did not have time to review
the IHP prepared by the previous
administration before submission. In
addition, the Tribe did not yet have in
place an official authorized to sign the
Indian Housing Plan.
PO 00000
Contact: Deborah Lalancette, Director,
Grants Management, Denver Program
ONAP, Department of Housing and
Urban Development, 1999 Broadway,
Suite 3390, Denver, CO 80202,
telephone (303) 675–1625.
[FR Doc. 05–495 Filed 1–11–05; 8:45 am]
BILLING CODE 4210–32–P
Frm 00026
Fmt 4701
Sfmt 4703
E:\FR\FM\12JAN2.SGM
12JAN2
Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2218-2242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-495]
[[Page 2217]]
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Part II
Department of Housing and Urban Development
-----------------------------------------------------------------------
Notice of Regulatory Waiver Requests Granted for the Third Quarter of
Calendar Year 2004; Notice
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 /
Notices
[[Page 2218]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4936-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2004
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
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 July 1, 2004, and ending on September 30, 2004.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Assistant General Counsel for
Regulations, Room 10276, Department of Housing and Urban Development,
451 Seventh Street, SW., 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 Information 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 third quarter of calendar year 2004.
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). This notice covers waivers of regulations granted by HUD
from July 1, 2004, through September 30, 2004. 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 Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the third quarter of calendar
year 2004) before the next report is published, HUD will include any
additional waivers granted for the third quarter as well as those that
occur during the fourth quarter of calendar year 2004 (October 1, 2004
through December 31, 2004).
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: December 28, 2004.
Kathleen D. Koch,
Deputy General Counsel.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development July 1,
2004, Through September 30, 2004
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 51.202 and 24 CFR 51.205.
Project/Activity: Tellurian UCAN, Inc. of Madison, Wisconsin,
proposed to expand an existing mixed-use residential and office
building. The existing building is a two-story brick structure with
office space on the first floor and seven single room occupancy (SRO)
units on the second floor.
Nature of Requirements: The proposed site is located approximately
450 feet from a 30,000-gallon, above ground liquid petroleum gas (LPG)
storage tank used for fueling taxi fleet. HUD's Environmental Review
regulations in 24 CFR part 51 indicates that acceptable separation
distance (ASD) for a project in proximity to a 30,000 gallon LPG tank
is 660 feet. Tellurian engaged the engineering services of a consulting
firm to evaluate and recommend mitigation measures that would provide
adequate blast protection for a building proposed within 450 feet of
the 30,000 gallon LPG tank. The firm concluded that the required 0.5
psi value could be safely reduced to 0.14 psi by utilizing a brick
veneer and concrete masonry unit (CMU) backup on the front of the
proposed building.
Granted By: Roy A. Bernardi, Deputy Secretary.
[[Page 2219]]
Date Granted: September 28, 2004.
Reasons Waived: Section 51.202 of HUD's regulations provides that
``the Department will not approve an application for assistance for a
proposed project located at less than the acceptable separation
distance from a hazard unless appropriate mitigating measures, as
defined in Sec. 51.205.'' The waiver of this regulation was granted on
the basis of the engineering recommendations of the firm for blast over
pressure, by having the existing LPG tank constructed to meet the
requirements of the National Fire Protection Association (NFPA 58-Gas
Code Handbook) and the State of Wisconsin LPG Code, and by observing
that the LPG tank is not in direct line of sight to the proposed
structure.
Contact: Lisa Newman, Office of Field Management, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-7000,
telephone (202) 708-2565.
Regulations: 24 CFR 92.503(b), 24 CFR 92.252 and 24 CFR
92.254.
Project/Activity: The State of Oklahoma requested that HUD grant
waivers requiring repayment of HOME funds in the event a property does
not meet the HOME affordability requirements for the period specified.
Nature of Requirements: The Oklahoma Housing Finance Agency (OHFA)
proposed 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. Because the period of
affordability established in 24 CFR 92.254 has not been met, OHFA would
be required to repay the initial HOME investment amount to the HOME
account from which it was drawn, pursuant to 24 CFR 92.503(b).
Granted By: Roy A. Bernardi, Deputy Secretary.
Date Granted: July 7, 2004.
Reason Waived: Oklahoma Housing Finance Agency requested to
substitute the HOME assisted unit lost through the fire with the new
unit of 1828 South 5th Street. According to the information provided by
OHFA, the proposed substitute unit is an eligible property type as
described in 92.254(a)(1), met the modest housing requirements at Sec.
92.254(a)(2)(i), will be the principal residence as required by Sec.
92.254(a)(3) and will meet the property standards required by Sec.
92.251(a)(2). The new unit will also be required to remain affordable
for the balance of the original five-year period of affordability per
Sec. 92.245(a)(4).
Contact: Lisa Newman, Office of Field Management, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-7000,
telephone (202) 708-2565.
Regulation: 24 CFR 92.503(b), 24 CFR 92.254, 24 CFR
92.503(b)(1), and 24 CFR 92.252
Project/Activity: The State of Kentucky Housing Corporation (KHC)
requested waiver of the HOME Program of repayment requirement for
foreclosed properties established at 24 CFR 92.503(b)(1).
Nature of Requirements: The Kentucky Housing Corporation follows
the HOME policy guidance provided by the June 2003 HOMEfires regarding
the repayment requirements for foreclosed HOME-assisted homebuyer
properties that have not met the affordability requirements specified
in Sec. 92.254 of the HOME rule. June 2003 HOMEfires explains, if a
participating jurisdiction was unaware that the design of its homebuyer
program obligated it, in the event of foreclosure, to repay funds in
excess of what would be available through the foreclosure, and the
participating jurisdiction has since changed its program design to base
recapture amounts on net proceeds, a waiver of the repayment
requirement under original program design is possible.
Granted By: Roy A. Bernardi, Deputy Secretary.
Date Granted: July 7, 2004.
Reason Waived: The Kentucky Housing Corporation changed its
recapture provisions for its homebuyer program. Permitting substitution
of comparable units in lieu of repayment when a project fails to meet
HOME requirements for the affordability period will maintain the number
of affordable housing units available in the community. The proposed
unit was determined an acceptable substitution for the HOME unit lost
through the fire and subsequent sale of the original HOME-assisted
unit. The unit is not a federally assisted unit, but will meet the HOME
requirements for the balance of the period of affordability. The
proposal will transfer the HOME restrictions from the original HOME-
assisted unit to the substitute unit, fulfilling the original HOME
requirements.
Contact: Lisa Newman, Office of Field Management, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-7000,
telephone (202) 708-2565.
Regulation: 24 CFR 570.208(a)(3) and 24 CFR 570.5.
Project/Activity: The City of Asheville, North Carolina, has
requested the use of Community Development Block Grant (CDBG) funds to
acquire and improve a seven-acre site on Brotherton Avenue for the
construction of 32 units of co-housing as a mixed community.
Nature of Requirements: The regulations at 24 CFR 570.208(a)(3)
require 51 percent of the units in a multi-unit structure must be
occupied by low- and moderate-income households. Based on the proposed
design, three units in each four-plex building and four units in each
six-plex building, for a total of 22 of the 32 units, must be occupied
by low- and moderate-income households. The regulations allow some
flexibility for meeting this national objective when the CDBG
assistance supports the new construction of non-elderly rental units
and housing units for which funds are obligated during a program year
in a Neighborhood Revitalization Strategy Area.
Granted By: Roy A. Bernardi, Deputy Secretary.
Date Granted: July 6, 2004.
Reason Waived: This waiver allowed the city to aggregate the units
in the development, and this, in turn, will allow 56 percent of the
units to be occupied by low- and moderate-income households. Further
approval of the waiver resulted in the development of new affordable
housing and increase homeownership for low- and moderate households.
Contact: Lisa Newman, Office of Field Management, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-7000,
telephone (202) 708-2565.
II. Regulatory Waivers Granted by the Office of Housing
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 200.40 (d)(1) and (h).
Project/Activity: The following projects requested waivers to the
application fee required by 24 CFR 200.40 (d)(1) and the transfer fee
required 24 CFR CFR 200.40 (h):
[[Page 2220]]
------------------------------------------------------------------------
FHA No. Project State
------------------------------------------------------------------------
12335118........................... Mountain View AZ
Apartments.
02336613........................... Lena Park (Granite MA
Package 7).
11744034........................... Rolling Meadows of OK
Enid.
09435014........................... Dakota Estates ND
Retirement Center.
05135350........................... Garrison Woods.... VA
05335440........................... Arcadia Village NC
Apartments.
06435006........................... Sunlight Manor LA
Apartments.
07335416........................... Gary NSA III IN
Apartments.
07135469........................... Englewood Eden IL
Green.
07335255........................... The Oaks IN
Apartments III.
03444055........................... Interfaith Heights PA
11535159........................... Donna Village TX
Apartments.
05435494........................... Standpoint Vista SC
Apartments.
06444112........................... Gulfway Terrace LA
Apartments.
01257308........................... Villa Alejandrina. NY
07335299........................... Gardens of IN
Greenbriar
Apartments.
07335596........................... Cambridge Estates IN
Phase IV.
07335371........................... Beacon Heights.... IN
01735090........................... Hill Central CT
Community
Cooperative.
11235330........................... Cove Village TX
Apartments.
08635179........................... Margaret Robertson TN
Apartments.
01232258........................... Maplewood NY
Apartments.
01257346........................... Mother Zion NY
Apartments.
05335319........................... Alamance Plaza.... NC
11335067........................... Gholson Hotel..... TX
07135568........................... Austin Renaissance IL
03444017........................... Garden Court PA
Apartments.
04744016........................... Pinebrook Manor... MI
05635077........................... Manati Plaza PR
Apartments.
05335406........................... Rochelle Manor NC
Apartments.
06135382........................... Capitol Towers.... GA
12735359........................... Broadway Plaza WA
Apartments.
05635110........................... San Cristobal PR
Apartments.
11435322........................... Colonial Park TX
Apartments.
03535082........................... Park Plaza NJ
Apartments.
10911006........................... Del Mar Apartments WY
07135441........................... Madison Terrace IL
Apartments.
10935045........................... Cheyenne North WY
Apartments.
07135483........................... Washington Scene IL
Apartments.
07135436........................... Roosevelt IL
Independence.
06235209........................... Cedars Green AL
Apartments.
08435253........................... Kings Cove MO
Apartments.
04635170........................... Hi-Land Terrace OH
Apartments.
10135274........................... California Park CO
East.
06535351........................... Canton Estates MS
Apartments.
03335151........................... Evergreen Arbors.. PA
04235405........................... West Park Senior OH
Center.
06235283........................... Normandale AL
Apartments.
05938005........................... Wellington Square. LA
05935181........................... Bond House........ LA
12735360........................... New Central Hotel. WA
01435059........................... Roosevelt NY
Apartments.
05235367........................... Windsor Gardens... MD
02335268........................... Piedmont MA
Brightside
Apartments.
10935064........................... Springhill III WY
Apartments.
10935062........................... Springhill I WY
Apartments.
06694016........................... Federal Apartments FL
10935063........................... Springhill II WY
Apartments.
04335287........................... Melanie Manor..... OH
11344071........................... Western Heights TX
Apartments.
08535391........................... College Hill MO
Apartments.
02336612........................... Washington MA
Columbia
Apartments.
08335176........................... Cambridge Square KY
Apartments.
04235402........................... Brookside Village. OH
05635113........................... Trujillo Alto PR
Gardens.
07335290........................... Mill Run IN
Apartments.
06535362........................... George E. Lewis MS
Estates.
05635131........................... Brisas De San PR
Alfonso.
05635123........................... Villa Machuelo.... PR
05235362........................... Upton Druid MD
Apartments.
04335182........................... The Orchards I.... OH
04335162........................... The Orchards II... OH
07335600........................... Cloverdale Height IN
Apartments II.
03135235........................... Broadway Manor NJ
Apartments.
[[Page 2221]]
12735346........................... Jackson Apartments WA
08535251........................... Union Sarah Rehab MO
SS II.
03435210........................... Daniel Scott PA
Commons.
07535313........................... Renaissance WI
Apartments.
06544042........................... Northwood Village. MS
00035334........................... Benning Heights... DC
10935006........................... Sertoma Senior WY
Citizens Housing,
Inc..
01257338........................... Brownsville NY
Gardens.
01335120........................... Schuyler Court NY
Apartments.
01332004........................... Providence Hall... NY
01435002........................... Metro Interfaith.. NY
12135678........................... Mercy Terrace..... CA
08735141........................... Ivy Avenue TN
Apartments.
07335531........................... River Run IN
Apartments.
05935039........................... Cooper Road Plaza LA
Apartments.
07335241........................... Fairington of Fort IN
Wayne.
06144148........................... Shy Manor GA
Apartments.
06535040........................... Eastgate Garden MS
Apartments.
06144197........................... Blakewood GA
Apartments.
04735006........................... Neighborhood MI
Apartments.
05235350........................... Barclay Greenmount MD
06135312........................... Oakwood Apartments GA
03135244........................... Hampshire House... NJ
08335012........................... Highland Heights KY
Apartments.
08344081........................... Belmont Court KY
Apartments.
10110557........................... Birchwood Manor... CO
08335033........................... Woodland Heights.. KY
06144040........................... Holsey Cobb GA
Village
Apartments.
04535004........................... Abram-King WV
Memorial
Apartments.
07355120........................... Eden Green IN
Apartments.
03344088........................... Grant Towers...... PA
12135758........................... La Serena CA
Apartments.
06544802........................... Madonna Manor..... MS
12735200........................... Lake Chelan WA
Community
Apartments.
05235312........................... Cumberland Manor.. MD
08344024........................... Edgewood Village KY
Apartments.
07344403........................... Fowler Apartments. IN
04335289........................... Beasley Mills OH
Apartments.
07335591........................... Jamestown Square IN
of Washington.
07335224........................... Cambridge Square IN
of Bedford.
06244012........................... Alta Vista AL
Apartments.
04535159........................... West View Manor... WV
04235403........................... Highland Crest OH
Apartments.
07344166........................... Troy Manor IN
Cooperative II.
07344167........................... Troy Manor IN
Cooperative III.
12135679........................... Denair Manor CA
Apartments.
04344061........................... Rosa Parks OH
Apartments.
09135016........................... Townhouse SD
Apartments.
06535091........................... Southwest Village MS
Apartments.
09135026........................... Fairlane SD
Apartments.
04292505........................... Marshall Plaza II. OH
08635189........................... Southfield TN
Apartments.
07435229........................... Oak Hill Manor.... IA
12135737........................... Flores Gardens CA
Apartments.
07335229........................... Cambridge Square IN
of Marion.
07335459........................... Gary NSA V........ IN
12344027........................... Broadway House.... AZ
06435246........................... Stonehenge LA
Apartments.
05392503........................... Park Heights NC
Apartments.
00035427........................... Cavalier DC
Apartments.
09338006........................... Glacier Manor..... MT
01257216........................... Malcolm X 11-Phase NY
A Apartments.
07344175........................... Vinton Woods IN
Cooperative III.
06144105........................... Cedar Avenue GA
Apartments.
04535154........................... Manor House WV
Apartments.
11535163........................... Alamo Village TX
Apartments.
11535198........................... Fifty Oaks TX
Apartments.
11535338........................... Fox Run Apartments TX
06592501........................... William H. Bell MS
Apartments.
05935196........................... Stone Vista LA
Apartments.
05935168........................... Pine Hill Estates. LA
11535245........................... Castle Manor TX
Apartments.
12144371........................... Villa Fontana CA
Apartments.
11744094........................... Town and Country OK
Apartments.
[[Page 2222]]
01332005........................... Amsterdam Sr. NY
Citizen Housing.
03435212........................... Monte Vista PA
Apartments.
06535082........................... Edgewood Manor MS
Apartments.
07335286........................... Camelot Court of IN
Paoli.
04535074........................... Freedom Place I... WV
06535012........................... Susie B. West MS
Apartments.
02336614........................... Field Corner MA
Granite.
02335279........................... Ashland Commons... MA
01257322........................... Woodycrest Courts NY
II.
06135031........................... Eastgate GA
Apartments.
04544014........................... Vandalia Terrace WV
Apartments.
01235541........................... New Square Family NY
Housing.
01257017........................... Friendset NY
Apartments.
07135254........................... Ridgewood Towers IL
Apartments.
07392002........................... South Towne Square IN
Apartments.
04535069........................... Dunbar Towers..... WV
12344044........................... Hartford AZ
Apartments.
04535018........................... Calhoun Homes..... WV
07435003........................... Oakridge IA
Neighborhood
(DMACC).
02336616........................... Quincy Geneva-- MA
Granite 11B.
08635013........................... East Gate TN
Apartments.
06544052........................... Broadway Estates.. MS
07344071........................... Garden Estates IN
West.
10335020........................... Valentine NE
Apartments.
05392508........................... Spring Valley NC
Apartments.
01335128........................... Fulton Mill NY
Apartments.
11535162........................... Rio Hondo Village. TX
10244092........................... Concordia KS
Apartments.
10235105........................... Concordia II KS
Apartments.
01444043........................... Apple Blossom NY
Acres.
08635149........................... Algood Manor TN
Apartments.
11344016........................... Woodland Village TX
Apartments.
06111135........................... Wisdom Woods GA
Apartments.
06535005........................... Francis Street MS
Apartments.
04535007........................... Miracle Acres..... WV
01444056........................... Corning Mews NY
Apartments.
07344119........................... Gardenside Terrace IN
Cooperative II.
07344118........................... Gardenside Terrace IN
Cooperative I.
06135536........................... Amberwood GA
Apartments.
06235323........................... Claiborne Arms AL
Apartments.
09344055........................... Thompson Falls MT
Lions Manor.
07135426........................... Concord Commons IL
Apartments.
05335009........................... Zion Hills NC
Apartments.
06744125........................... Palm Avenue FL
Baptist
Apartments.
09335035........................... Sunset Capital MT
Apartments.
08611043........................... Buena Vista Manor TN
Apartments.
01257288........................... McKinley Manor NY
Apartments.
04335098........................... Garden Manor OH
Apartments.
08635015........................... Haynes Garden TN
Apartments.
08144038........................... Tyson Park TN
Apartments.
05294031........................... York Park MD
Apartments.
04444005........................... Asbury Apartments. OH
04244054........................... Channelwood OH
Village (aka
Callis Tower).
09335092........................... Crestwood Inn..... MT
07335018........................... Greenwood IN
Apartments.
01435035........................... Touraine NY
Apartments.
05335047........................... Stewart's Creek NC
Apartments.
08635062........................... Spring Haven TN
Apartments.
08344019........................... Heather Hills II KY
Apts (aka
Danville II).
08335344........................... Countryview KY
Apartments.
08335222........................... Holley Manor Annex KY
Apartments.
04535078........................... Montani Towers.... WV
10235111........................... Greenway Park KS
Apartments.
11435045........................... Pineview TX
Apartments.
11435007........................... Louis Manor TX
Apartments.
04635046........................... Parkview Arms I... OH
04255046........................... Marshall Plaza I.. OH
04244043........................... Moody Manor....... OH
11735033........................... Columbia Square OK
Apartments.
------------------------------------------------------------------------
[[Page 2223]]
Nature of Requirement: Section 200.40 establishes fees to be
applied to M2M transactions with FHA insured mortgages. The intent of
this provision is to provide an extra incentive to encourage owner
cooperation with the process in a timely manner.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: The projects listed above were FHA insured and
incentives were necessary to encourage cooperation.
Contact: Norman Dailey, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 708-0614.
Regulation: 24 CFR 290.30(a).
Project/Activity: 658 Montgomery Street, Project Number: 012-35199.
Nature of Requirement: Section 290.30(a) requires that HUD-held
multifamily mortgages be sold on a competitive basis, except for
certain ``negotiated'' sales to state or local governments.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner requested prepayment of the
mortgage. However, in lieu of paying off the mortgage directly, the
borrower requested that the HUD loan secured by the project be assigned
to Washington Mutual Bank for mortgage tax savings purposes. Washington
Mutual Bank agreed to this assignment and to pay the full amount of the
HUD loan.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-7000, telephone (202) 708-3730.
Regulation: 24 CFR 290.30(a).
Project/Activity: 675 Empire Boulevard, Project Number: 012-35200.
Nature of Requirement: Section 290.30(a) requires that HUD-held
multifamily mortgages be sold on a competitive basis, except for
certain ``negotiated'' sales to state or local governments.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner requested prepayment of the
mortgage. However, in lieu of paying off the mortgage directly, the
borrower requested that the HUD loan secured by the project be assigned
to Washington Mutual Bank for mortgage tax savings purposes. Washington
Mutual Bank agreed to this assignment and to pay the full amount of the
HUD loan.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-7000, telephone (202) 708-3730.
Regulation: 24 CFR 290.30(a).
Project/Activity: 349 Crown Street, Project Number: 012-35201.
Nature of Requirement: Section 290.30(a) requires that HUD-held
multifamily mortgages be sold on a competitive basis, except for
certain ``negotiated'' sales to state or local governments.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 30, 2004.
Reason Waived: The project owner requested prepayment of the
mortgage. However, in lieu of paying off the mortgage directly, the
borrower requested that the HUD loan secured by the project be assigned
to Washington Mutual Bank for mortgage tax savings purposes. Washington
Mutual Bank agreed to this assignment and to pay the full amount of the
HUD loan.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-7000, telephone (202) 708-3730.
Regulation: 24 CFR 290.30(a).
Project/Activity: Hilltop Gardens, Project Number 051-EH002.
Nature of Requirement: Section 290.30(a) requires that HUD-held
multifamily mortgages be sold on a competitive basis, except for
certain ``negotiated'' sales to state or local governments.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 13, 2004.
Reason Waived: The project owner requested prepayment of the
mortgage. However, in lieu of HUD entering into a non-competitive loan
sale arrangement, the non-profit sponsor requested a negotiated sale
for a price equal to the outstanding mortgage balance. The negotiated
sale was determined more beneficial to the community than a competitive
note sale to the highest bidder because the sponsor's purchase of the
note ensures a local, continuing involvement in this facility.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-7000, telephone (202) 708-3730.
Regulation: 24 CFR 291.210(a).
Project/Activity: Single Family Property Disposition.
Nature of Requirement: Section 291.210(a) permits direct sales
without mortgage insurance to governmental entities and private
nonprofit organizations at deep discounts off the list price of
properties sold for use in HUD and local housing or homeless programs.
Section 291.210(c) permits HUD to dispose of HUD-owned single family
properties through direct sales to other individuals or entities that
do not meet any of the categories specified in this section, if a
finding is made by the Assistant Secretary for Housing-Federal Housing
Commissioner, or his or her designee, in writing, that such sales would
further the goals of the National Housing Act (12 U.S.C. 1701 et seq.)
and would be in the best interest of the Secretary.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 29, 2004.
Reason Waived: A waiver of the requirements of 24 CFR 291.210 (a)
was needed in order to provide authority for governmental entities,
school districts and private nonprofit organizations to purchase
properties offered with mortgage insurance on a direct sales basis and
to provide discounts of 50 percent for use in the Teacher Next Door
Initiative. Based on HUD's experience with REO sales, it would not be
detrimental to the insurance fund to permit governmental entities,
school districts, and private nonprofit organizations to purchase
properties offered with mortgage insurance on a direct sales basis or
to provide discounts of 50 percent on properties sold for use in the
Teacher Next Door Initiative. These sales will be upon such terms and
conditions as the Secretary may prescribe. This finding applies to the
direct sale of HUD-owned properties to teachers in designated
revitalization areas. The Teacher Next Door Initiative gives teachers
the opportunity to live and work in communities where they are most
needed. The integration of teachers, who are role models and mentors,
into a community enhances the community's quality of life. To date, the
program has enabled the Department to dispose of 3,700 properties from
its inventory, while providing homeownership to an equivalent number of
qualified buyers and supporting residency of employed,
[[Page 2224]]
professional teachers in revitalization areas.
Contact: Wanda Sampedro, Director, Asset Management and Disposition
Division, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-7000, telephone (202) 708-1672.
Regulation: 24 CFR 401.461.
Project/Activity: The following projects requested waivers to the
simple interest requirement on the second mortgage to allow compound
interest at the applicable federal rate.
------------------------------------------------------------------------
FHA No. Project State
------------------------------------------------------------------------
07235081........................... Bissel Apartments. IL
------------------------------------------------------------------------
Nature of Requirement: Section 401.461 requires that the second
mortgages have an interest rate not more than the applicable federal
rate. Section 401.461 (b)(1) states that interest will accrue but not
compound. The intent of simple interest instead of compound interest is
to limit the size of the second mortgage accruals to increase the
likelihood of long-term financial and physical integrity.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 17,2004.
Reason Waived: This regulatory restriction would be construed as a
form of federal subsidy, thereby creating a loss of tax credit equity.
This loss would adversely affect the ability to close the Restructuring
Plan and could cause the loss or deterioration of these affordable
housing projects. Therefore, compound interest was necessary for the
owner to obtain Low Income Housing Tax Credits under favorable terms
and in order to maximize the savings to the Federal Government.
Contact: Dennis Manning, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202) 708-0614.
Regulation: 24 CFR 401.461.
Project/Activity: The following projects requested waivers to the
simple interest requirement on the second mortgage to allow compound
interest at the applicable federal rate.
------------------------------------------------------------------------
FHA No. Project State
------------------------------------------------------------------------
11235331........................... Village of Kaufman TX
------------------------------------------------------------------------
Nature of Requirement: Section 401.461 requires that the second
mortgages have an interest rate not more than the applicable federal
rate. Section 401.461 (b)(1) states that interest will accrue but not
compound. The intent of simple interest instead of compound interest is
to limit the size of the second mortgage accruals to increase the
likelihood of long-term financial and physical integrity.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 22, 2004.
Reason Waived: This regulatory restriction would be construed as a
form of federal subsidy, thereby creating a loss of tax credit equity.
This loss would adversely affect the ability to close the Restructuring
Plan and could cause the loss or deterioration of these affordable
housing projects. Therefore, compound interest was necessary for the
owner to obtain Low Income Housing Tax Credits under favorable terms
and in order to maximize the savings to the Federal Government.
Contact: Dennis Manning, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202) 708-0614.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents.
------------------------------------------------------------------------
FHA number Project State
------------------------------------------------------------------------
07435185........................... Adams Court....... IA
01257298........................... Alexander Coprew NY
Apartments.
3135237............................ Arlington Arms NJ
Apartments.
07135568........................... Austin Renaissance IL
13344039........................... Childress Manor... TX
01435051........................... Colt Block NY
Apartments.
07135481........................... Corcoran Place IL
Apartments.
12335128........................... Fillmore I........ AZ
10535072........................... Glenbrook UT
Apartments.
05335424........................... South Village NC
Apartments.
01635074........................... Villa Excelsior... RI
01335113........................... Woodburn Court II. NY
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first expiration
date after January 1, 1998. The intent of this provision is to ensure
timely processing of requests for restructuring and that the properties
will not default on their FHA insured mortgages during the
restructuring process.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The projects listed above were not assigned to the
participating administrative entities (PAEs) in a timely manner and
therefore the restructuring analysis was unavoidably delayed due to no
fault of the owner.
[[Page 2225]]
Contact: Norman Dailey, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 7th Street, SW.,
Washington, DC 20410, telephone (202) 708-0614.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project State
------------------------------------------------------------------------
06135370........................... Georgian Woods GA
Apartments.
01435062........................... East Court V...... NY
07135469........................... Englewood Eden IL
Green.
07135455........................... Loma Linda IL
Apartments.
11435350........................... Bay Terrace TX
Apartments.
05335319........................... Alamance Plaza.... NC
05335440........................... Arcadia Village NC
Apartments.
05335387........................... Northwood NC
Apartments.
06535363........................... Decatur Meadows MS
Apartments.
06335206........................... Harbour Place FL
Apartments.
06735272........................... Hudson Estates.... FL
10235180........................... Brookridge Plaza KS
Apartments.
10235178........................... Jewel Crest....... KS
10235139........................... Mulberry Court KS
Apartments.
12235570........................... Plummer Village... CA
01257278........................... Elliot Graham NY
Housing.
01235527........................... Highland Falls NY
Housing.
01232237........................... Southport Mews NY
Apartments.
03435209........................... Dorado Village.... PA
03435167........................... Freeland Elderly PA
Housing.
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first expiration
date after January 1, 1998. The intent of this provision is to ensure
timely processing of requests for restructuring and that the properties
will not default on their FHA insured mortgages during the
restructuring process.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 16, 2004.
Reason Waived: The projects listed above were not assigned to the
participating administrative entities (PAEs) in a timely manner or the
restructuring analysis was unavoidably delayed due to no fault of the
owner.
Contact: Norman Dailey, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 7th Street, SW.,
Washington, DC 20410; telephone (202) 708-0614, ext. 8371.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA number Project State
------------------------------------------------------------------------
06235318........................... Russel Erskine AL
Apartments.
10135362........................... Castle Creek CO
Commons East.
00035309........................... Southview DC
Apartments I (aka
Southview West).
06135387........................... Bridge Creek GA
Apartments.
07435184........................... Greenway of IA
Burlington.
07135483........................... Washington Scene IL
Apartments.
08535312........................... Maplewood Loop MO
Apartments.
06535222........................... Highland View MS
Apartments.
04335284........................... Melford Village... OH
04644100........................... Miami Manor....... OH
03435214........................... Chester Apartments PA
03435216........................... Coplay Apts./Eagle PA
Apts..
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first expiration
date after January 1, 1998. The intent of this provision is to ensure
timely processing of requests for restructuring and that the properties
will not default on their FHA insured mortgages during the
restructuring process.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 16, 2004.
Reason Waived: The projects listed above were not assigned to the
participating administrative entities (PAEs) in a timely manner or the
restructuring analysis was unavoidably delayed due to no fault of the
owner.
Contact: Norman Dailey, Office of Affordable Housing Preservation,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202) 708-0614.
Regulation: 24 CFR 891.100(d).
Project/Activity: L.C. Hotchkiss Terrace, Clovis, CA, Project
Number: 121-EE163/CA39-S021-008.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 2, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area,
[[Page 2226]]
and the sponsor/owner exhausted all efforts to obtain additional
funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Paumanack Village VI, Melville, NY, Project
Number: 012-EE322/NY36-S021-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 7, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Fayette Hills Unity, Oakhill, WV, Project Number:
045-HD033/WV15-Q011-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Carnation Housing for the Elderly, Orchard Park,
NY, Project Number: 014-EE217/NY06-S021-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Les Petites Maison, Lafayette, LA, Project
Number: 064-HD072/LA48-Q021-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Fairham Homes, Middletown, OH, Project Number:
046-HD025/OH10-Q011-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: St. Anne Residence, Beardstown, IL, Project
Number: 072-EE148/IL06-S021-012.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 12, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: West Brighton Seniors, Brighton, NY, Project
Number: 014-EE206/NY06-S011-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 14, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Williams Street Apartments, Jefferson City, MO,
Project Number: 085-HD036/MO36-Q002-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 15, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Michigan/Jefferson Housing, Galesburg, IL,
Project Number: 072-HD121/IL06-Q021-004.
[[Page 2227]]
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 15, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000, telephone (202)
708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Providence St. Elizabeth House, Seattle, WA,
Project Number: 127-EE032/WA19-S011-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 21, 2004.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Ass