Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2007, 15169-15186 [E8-5799]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15169-15186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5799]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5148-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
Quarter of Calendar Year 2007

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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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 October 1, 2007 and ending on December 31, 2007.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 10276,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 fourth quarter of calendar year 2007.

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.

[[Page 15170]]

    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). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
October 1, 2007 through December 31, 2007. 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 fourth quarter of 
calendar year 2007) before the next report is published (the first 
quarter of calendar year 2008), HUD will include any additional waivers 
granted for the fourth quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: March 14, 2008.
Robert M. Couch,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development October 1, 
2007 through December 31, 2007

    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.
     Regulations: 24 CFR 92.2 and 24 CFR 92.254 (b) (2).
    Project/Activity: The State of Texas Department of Housing and 
Community Affairs (TDHCA) requested waivers of the HOME Program 
regulations established at 24 CFR 92.2 and 92.254(b)(2) regarding the 
definition of reconstruction and the principal residence requirement to 
facilitate the reconstruction of affordable housing following the 
devastation caused by Hurricane Rita.
    Nature of Requirement: Section 92.2 of the HOME regulations defines 
reconstruction, in part, as the rebuilding, on the same lot, of housing 
standing on a site at the time of project commitment. Section 
92.254(b)(2) of the HOME regulations states that housing owned by an 
income-eligible individual qualifies as affordable housing only if the 
housing is the principal residence of the owner at the time HOME funds 
are committed to the project.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: December 4, 2007.
    Reasons Waived: Hurricane Rita caused serve damage to numerous 
homes in Texas. Some homes were partially or completely moved from 
their foundations. Many units were rendered unfit for habitation and 
their occupants were forced to seek temporary housing alternatives. 
Consequently, many homeowners affected by the disaster were not 
occupying their homes as a principal residence at the time of the 
commitment of HOME funds to their units. In addition, in some cases, 
the housing was destroyed and not standing on the site at the time of 
the commitment of HOME funds. It was determined that requiring the 
State to adhere to the reconstruction definition and principal 
residence requirements, at Sec.  92.2 and Sec.  92.254(b) (2) 
respectively, would create a significant hardship for the communities 
and income-eligible homeowners in need of assistance in areas impacted 
by Hurricane Rita.
    Contact: Virginia Sardone, Office of Affordable Housing Programs, 
Office of Community Planning and Development, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

     Regulations: 24 CFR 92.252(e).
    Project/Activity: The County of Clackamas, Oregon, requested a 
waiver of the affordability period for Newell Creek Apartments. The 
project became uninhabitable due to earth movement and the falling away 
of soil at the site caused by severe and prolonged rainfall. The PJ 
would have been required to repay $528,000 of HOME funds because the 
project failed to meet the affordability period required for new 
construction of rental housing.
    Nature of Requirement: Section 92.252(e) of the HOME regulations 
establishes a 20-year affordability period for new construction of 
rental housing.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: December 4, 2007.
    Reasons Waived: The County and the developer exercised due 
diligence by developing a viable restoration plan that included 
refinancing the existing debt, reconfiguring the project by demolishing 
several buildings and rehabilitating other units. However, the plan was 
rejected by the project's primary lender, which subsequently 
foreclosed.
    Contact: Virginia Sardone, Office of Affordable Housing Programs, 
Office of Community Planning and Development, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

     Regulations: 24 CFR 92.500(d)(1)(B)
    Project/Activity: The City of Lake Charles, Louisiana requested a 
waiver of its HOME commitment deadline to facilitate its continued 
recovery from the devastation caused by Hurricanes

[[Page 15171]]

Katrina and Rita. The City is located within a declared disaster area 
pursuant to Title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act. Corresponding requirements in the Cranston-
Gonzalez National Affordable Housing Act (the Act) must be suspended 
under the authority of section 290 of the Act.
    Nature of Requirement: Section 92.500(d)(1)(B) of the HOME 
regulations requires that a participating jurisdiction (PJ) commit its 
annual allocation of HOME funds within 24 months after HUD notifies the 
PJ that HUD has executed the jurisdiction's HOME Investment Partnership 
Agreement.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: November 6, 2007.
    Reasons Waived: It was determined that the waiver would facilitate 
the continued recovery of the City of Lake Charles from the devastation 
caused by Hurricane Katrina and Hurricane Rita by waiving the FY 2005 
HOME commitment requirement.
    Contact: Virginia Sardone, Office of Affordable Housing Programs, 
Office of Community and Planning Development, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    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 5.801.
    Project/Activity: Juniper Village at Forest Hills, Forest Hills, 
Pennsylvania, FHA Project Number 033-43110. The prior owner's 
representative requested waiver of the requirement to submit an Annual 
Financial Statement for the period ending December 31, 2007 for the 
property since the financial reporting period would be for only four 
days.
    Nature of Requirement: Section 5.801 of HUD's regulations provides 
guidance for uniform financial reporting standards for public housing 
agencies, Section 8 project-based housing assistance or tenant-based 
housing assistance payments programs, owners of housing assisted under 
any section 8 Certificate and Voucher programs, owners of multifamily 
projects receiving direct or indirect assistance from HUD, or with 
mortgages insured, coinsured or held by HUD, HUD approved Title I and 
Title II non-supervised lenders, non-supervised mortgagees and loan 
correspondents. The financial information must be prepared in 
accordance with Generally Accepted Accounting Principles, submitted 
electronically to HUD through the internet or HUD designated format 
annually, no later than 60 days after the end of the fiscal year of the 
reporting period and in certain instances, 90 days after the end of the 
reporting period.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 12, 2007.
    Reason Waived: This waiver was granted because the amount of 
financial information for submission would be both time intensive and 
cost prohibitive for the new owner. This property changed ownership as 
a result of a Transfer of Physical Assets (TPA). The seller of a TPA 
transaction is required to file an Annual Financial Statement (AFS). 
Since the reporting period was only four days (January 1 through 
January 4, 2007) and the seller filed an AFS for the period ending 
December 31, 2006, the waiver was granted. All subsequent filings are 
not exempt.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 203.37a.
    Project/Activity: A request was made for extension of waiver of the 
restrictions prohibiting placement of FHA-mortgage insurance on 
property acquired, and subsequently resold in 90 days or less in 
certain disaster areas designated by the Federal Emergency Management 
Agency (FEMA) in the States of Alabama, Louisiana, and Mississippi, 
stemming from Hurricanes Katrina, Rita and Wilma.
    Nature of Requirement: Section 203.37a(b)(2) of HUD's regulations 
provides that properties that have a resale date of 90 days or less 
following the date of acquisition by the seller are not eligible for an 
FHA-insured mortgage.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 24, 2007.
    Reason Waived: The Department recognizes that safe and adequate 
housing is a major factor in the restoration and stabilization of 
communities following a natural disaster. Investors and developers are 
playing a major role in the recovery of the housing stock in the FEMA 
designated disaster areas. The extension was granted in recognition 
that recovery in the impacted areas has been slow and there remained a 
significant number of dwellings that were severely damaged and need to 
be rehabilitated. Many displaced residents are waiting for restoration 
of these dwellings to return to the region.
    Contact: Maynard T. Curry, Housing Program and Policy Specialist, 
Office of Single Family Program Development, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 9266, Washington, DC 20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Elizabeth Center Apartments, Elizabeth, New 
Jersey--FHA Project Number 031-55014. This project requested a waiver 
of the regulations to allow for the re-amortization and extension of 
maturity for the flexible subsidy loan on the subject property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term of 
the mortgage, termination of these actions would typically terminate 
FHA involvement with the property, and the Flexible Subsidy loan would 
be repaid, in whole, at that time.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 10, 2007.
    Reason Waived: The waiver was granted because the project was 
experiencing financial difficulty and in need of physical repairs. It 
was determined that granting the waiver would allow the project to 
forbear repayment of the Flexible Subsidy Operating Assistance Loan in 
conjunction with the refinancing of the project through the Section 
223(a)(7) program. Further, it would allow the property to make 
critical and non-critical repairs at the property as well as extend the 
affordability for the residents. The owner agreed to execute a Use 
Agreement extending affordability for 20 years beyond the date of the 
original maturity or the term of the new amortization, whichever is 
longer. All surplus cash is to be applied to the existing flexible 
subisdy debt helping preserve the affordability of this project.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street,

[[Page 15172]]

SW., Room 6160, Washington, DC 20410-8000, telephone (202) 708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Four Freedoms House, Seattle, Washington--FHA 
Project Number 127-SH007. The owner of this project requested approval 
to defer prepayment of the Flexible Subsidy loan in order to fund much-
needed repairs at this property designed for the elderly.
    Nature of Requirement: Section 219.220(b) of HUD regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term of 
the mortgage, termination of these actions would typically terminate 
FHA involvement with the property, and the Flexible Subsidy loan would 
be repaid, in whole, at that time.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 13, 2007.
    Reason Waived: Waiver of this regulation was granted to provide the 
owner of this property approval to prepay the existing mortgage and 
obtain financing to perform much-needed substantial rehabilitation of 
the property. The owner proposed to refinance and combine the loan for 
Four Freedoms House with the loan on Henry M. Jackson, FHA Project 
Number 127-EH018, a neighboring project with the same ownership; pay a 
lump sum of $100,000 toward the flexible subsidy loan at the time of 
the refinancing and fully retire the remaining flexible subsidy debt 
over the new mortgage term and deposit $1,000 per unit into the Reserve 
for Replacement account. All surplus cash is to be applied to the debt, 
the balance of the flexible subsidy loan is to be re-amortized and a 
new use agreement was required in connection with prepayment of the 
section 202 loan until the maturity date.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-8000, telephone (202) 708-
3730.

     Regulation: 24 CFR 236.60(e).
    Project/Activity: Madonna Manor Apartments, Jackson, Mississippi, 
FHA Project Number 065-44802. The owner, Catholic Charities Housing 
Association of Jackson, requested permission to prepay the FHA-insured 
loan but were denied approval from HUD to retain the excess income 
retained between September 22, 2000 and July 2007.
    Nature of Requirement: Section 236.60(e) of HUD's regulations 
provides guidelines for retaining excess income. Excess income is 
defined as cash collected as rent from the residents by the mortgagor 
on a unit-by-unit basis that is in excess of the HUD-approved 
unassisted Basic Rent. The mortgagor must submit a request to retain 
Excess Income at least 90 days before the beginning of each fiscal year 
or any other date during a fiscal year that the mortgagor plans to 
begin retaining Excess Income for that fiscal year. If HUD, following 
review of the request, approves the request the mortgagor will not be 
required to submit a new request each fiscal year provided the use of 
Excess Income remains the same.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 23, 2007.
    Reason Waived: The owner had previously been approved to retain the 
excess income. The following year the owner requested permission to 
retain the excess income on an indefinite basis. HUD staff failed to 
issue a letter of permission or denial. A new purchaser had been 
approved for both an FHA bond financed 221(d)(4) substantial 
rehabilitation loan and a section 236(e)(2) decoupling. It was 
determined that providing for a waiver of this requirement for the 
period September 22, 2000 to August 31, 2004 would allow the owner to 
prepay the existing mortgage and obtain financing to perform 
substantial rehabilitation of the improvements and repairs at the 
property. The proposed purchaser would continue to operate the project 
under a new use agreement preserving this housing for low-income 
residents until the maturity date of the new mortgage.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 236.60(e).
    Project/Activity: Country Village Apartments, Redwood Falls, 
Minnesota, FHA Project Number 092-44141. The owners requested a waiver 
of the requirement that the owner submit excess income for the subject 
property.
    Nature of Requirement: Section 236.60(e) of HUD's regulations 
refers to retaining excess income. Excess income is defined as cash 
collected as rent from the residents by the mortgagor on a unit-by-unit 
basis that is in excess of the HUD-approved unassisted Basic Rent. The 
mortgagor must submit a request to retain Excess Income at least 90 
days before the beginning of each fiscal year before any other date 
during a fiscal year that the mortgagor plans to begin retaining Excess 
Income for that fiscal year. If HUD, following review of the request 
approves the request, the mortgagor will not be required to submit a 
new request each fiscal year provided the use of Excess Income remains 
the same.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.
    Reason Waived: This regulation was waived to allow the project to 
retain excess income since the excess income was used for eligible 
Reserve for Replacement items. The owner was not aware that he needed 
make further requests to continue to retain excess income. However, the 
project's REAC scores improved from 56 in 1999 to 94 in 2003 and again 
in 2006. After approval of this request, the project is eligible for 
prepayment and the current owner advised of his intention to sell the 
project. The transaction also involved decoupling the existing 236 and 
prepaying the 236 mortgage with proceeds from a city bond financing. 
The state is also committing funds for rehabilitation.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 811.108(a)(3).
    Project/Activity: Mechanicville Elderly Apartments, Mechanicville, 
New York, FHA Project Number 014-35166. The Mechanicville Housing 
Authority requested approval to use final fund balances of the 1995 
Multifamily Mortgage Revenue Refunding Bonds for energy efficiency 
measures at their two public housing projects.
    Nature of Requirement: Section 811.108(a)(3) of HUD's regulations 
refers to the requirements for debt service reserve on FHA insured 
projects. The debt service reserve must be invested and the income used 
to pay principal and interest on that portion of the obligations which 
is attributable to the funding of the debt service reserve. Any excess 
investment income must be added to the debt service reserve. Should the 
investment income be insufficient, surplus cash or residual receipts, 
to the extent approved by the field office may be used to pay such 
principal and interest costs. Upon full payment of the principal and 
interest,

[[Page 15173]]

on the obligations (including that portion of the obligations 
attributable to the funding of the debt service reserve) any funds 
remaining in the debt service reserve shall be remitted to HUD.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 1, 2007.
    Reason Waived: The Mechanicville Housing Authority requested waiver 
of this regulation in order to help finance energy efficiency 
improvements identified by an energy audit of its public housing 
projects. It was determined that a waiver would allow excess bond 
reserves to be used for desirable housing purposes. It was further 
determined that the Section 8 project which generated these funds is in 
excellent condition and did not need the money. This waiver would help 
finance the estimated $1 million of energy conservation improvements 
and thereby reduce the draw on HUD's operating subsidies to the Housing 
Authority.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mount Beulah Terrace, Pagedale, MO, Project 
Number: 085-EE090/MO36-S051-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 1, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Buena Vista Residence, Salem, MA, Project Number: 
023-HD183/MA06-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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 3, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: The Meadows, North Smithfield, RI, Project 
Number: 016-EE046/RI43-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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 16, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lutheran Village at Chippewa, Beaver Falls, PA, 
Project Number: 033-EE126/PA28-S051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 19, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 8, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mosaic Housing XVI, Farmington, NM, Project 
Number: 116-HD029/NM16-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 13, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: D Street Senior Housing, Ontario, CA, Project 
Number: 143-EE060/CA43-Q051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 6, 2007.
    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, Office of Housing, Department of Housing and 
Urban

[[Page 15174]]

Development, 451 Seventh Street, SW., Room 6134, Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Sequoyah Apartments, Broken Arrow, OK, Project 
Number: 118-EE044/OK56-S061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 6, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Itek Tuchena, Durant, OK, Project Number: 118-
EE047/OK56-S061-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 10, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Spruce Street House of Hope, Nashville, TN, 
Project Number: 086-HD039/TN43-Q061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI Freeport Senior Housing, Freeport, IL, 
Project Number: 071-EE224/IL06-S061-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Haven Peniel Senior Citizens Residence, 
Philadelphia, PA, Project Number: 034-EE151/PA26-S061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    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, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130(a).
    Project/Activity: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-Q061-002.
    Nature of Requirement: Section 891.130(a) prohibits an identity of 
interest between the sponsor or owner with development team members or 
between development team members until two years after final closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 28, 2007.
    Reason Waived: The seller of the land, although a member of the 
Sponsor's Board, donated the site, with the exception of a $10 transfer 
fee.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Buena Vista Residence, Salem, MA, Project Number: 
023-HD183/MA06-Q021-001.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to obtain a 
more experienced contractor and to revise the firm commitment 
application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: La Palma Apartments, Miami-Dale County, FL, 
Project Number: 066-EE093/FL29-S021-014.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to receive 
final approval of secondary financing documents a waiver of impact 
fees.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban

[[Page 15175]]

Development, 451 Seventh Street, SW., Room 6134, Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Homes of Care I, Lawrence, MA, Project Number: 
023HD218/MA06-Q041-007.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to receive 
final approval of secondary financing and to meet new design 
regulations.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: The Presbyterian Homes of Dover, Toms River 
Township, NJ, Project Number: 035-EE050/NJ39-S041-004.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 16, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
site to be conveyed from the Township to the owner.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Aliff Place, Fort Gay, WV, Project Number: 045-
HD040/WV15-Q041-002.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 29, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
Town of Fort Gay to obtain funds to pave the street and the project to 
be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Hattie Jackson II, Washington Court House, OH, 
Project Number: 043-EE108/OH16-S041-009.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 1, 2007.
    Reason Waived: The sponsor/owner needed additional time to revise 
the easement description, and allow the closing documents to be 
recorded for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Wade Chateau, Cleveland, OH, Project Number: 042-
EE168/OH12-S041-004.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 8, 2007.
    Reason Waived: The sponsor/owner needed additional time for this 
mixed-finance project to meet the underwriting criteria of multiple 
funding sources and for initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Alternative Homes 2005, Alpha Borough, NJ, 
Project Number: 031-HD147/NJ39-Q051-003.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.
    Reason Waived: The sponsor/owner needed additional time to secure 
additional funding.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134,Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Cornerstone Homes, New Orleans, LA, Project 
Number: 064-EE167/LA48-S041-005.
    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 issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 4, 2007.
    Reason Waived: The sponsor/owner needed additional time for a new 
site to be approved, the firm commitment to be issued and for the 
project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, 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: Mockingbird Apartments, Denton, TX, Project 
Number: 113-HD036/TX16-Q051-001.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.

[[Page 15176]]

    Date Granted: December 6, 2007.
    Reason Waived: The sponsor/owner needed additional time for the new 
site to be approved, for the firm commitment to be processed and for 
the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lil Jackson Senior Community, Oceanside, CA, 
Project Number: 129-EE032/CA33-S051-001.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 11, 2007.
    Reason Waived: The sponsor/owner needed additional time to complete 
the environmental review process required by the City, for the firm 
commitment and for the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Vista Del Sol, Northridge, CA, Project Number: 
122-HD166/CA16-Q051-004.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 12, 2007.
    Reason Waived: The project experienced significant delays while the 
sponsor/owner needed additional time to sought additional funding, and 
developed the appropriate wage standards required by the city.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Princeton Manor, Florida City, FL, Project 
Number: 066-EE103/FL29-S041-006.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 20, 2007.
    Reason Waived: The sponsor/owner needed additional time to obtain a 
partial release of security for the new site, for the firm commitment 
to be processed and for the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.


     Regulation: 24 CFR 891.165.
    Project/Activity: Morris Heights Senior Housing, Bronx, NY, Project 
Number: 012-EE332/NY36-S041-002.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 20, 2007.
    Reason Waived: The sponsor/owner needed additional time for this 
mixed finance project to proceed to initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing. 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: UCP Glendale Accessible Apartments, Glendale, CA, 
Project Number: 122-HD163/CA16-Q051-001.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time to complete 
the city's lengthy plan check review and to secure additional funding.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Share XIII (aka South Country Homes II), South 
Setauket, NY, Project Number: 012-HD126/NY36-Q041-005.
    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 issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
initially closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Share XII (aka South Country Homes I), South 
Setauket, NY, Project Number: 012-HD125/NY36-Q041-004.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
initially closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-Q061-002.

[[Page 15177]]

    Nature of Requirement: Section 891.305 requires Section 811 project 
owners to have tax-exempt status under section 501(c)(3) of the 
Internal Revenue Code.
    Granted By: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 7, 2007.
    Reason Waived: The required tax-exemption ruling from the Internal 
Revenue Service (IRS) although applied for, had not been issued in time 
for the scheduled initial closing of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.310(b)(1) and 891.310(b)(2).
    Project/Activity: Share XII (aka South Country Homes II), Project 
Number: 012-HD125/NY36-Q041-004.
    Nature of Requirement: Section 891.310(b)(1) requires that all 
entrances, common areas, units to be occupied by resident staff, and 
amenities must be readily accessible to and usable by persons with 
disabilities. Section 891.310(b)(2) requires that a minimum of 10 
percent of all bedrooms and bathrooms in a group home for the 
chronically mentally ill be accessible or adaptable for persons with 
disabilities.
    Granted By: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 26, 2007.
    Reason Waived: It was determined that the design of three of the 
four existing single family homes was such that it would not be 
economically or architecturally feasible to make all four group homes 
accessible. One group home would be accessible and if additional 
accessible units are needed, the sponsor has other permanent housing 
projects which are accessible.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.805 and 891.830(b) and 
891.830(c)(4).
    Project/Activity: Essex Senior Housing, Essex, VT, Project Number: 
024-EE098/VT36-S061-001.
    Nature of Requirement: Section 891.805 requires that the Sole 
General Partner of the Mixed Finance Owner be a Private Nonprofit 
Organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a Nonprofit 
Organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities. Section 891.830(b) requires that capital 
advance funds be drawn down only in approved ratio to other funds, in 
accordance with a drawdown schedule approved by HUD. Section 
891.830(c)(4) prohibits the capital advance funds from paying off 
bridge or construction financing, or repaying or collateralizing bonds.
    Granted By: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 18, 2007.
    Reason Waived: The proposed sole nonprofit general partner of the 
for-profit mixed finance owner met the statutoy definition. It was 
determined that the waiver of Sec.  891.830(b) would permit other 
funding sources to be disbursed faster than a pro rata basis, as 
required by HUD, in order to satisfy IRS's fifty percent test. However, 
the capital advance funds would not be drawn down any faster that a pro 
rata disbursement basis would have permitted. It was determined that 
the waiver of Sec.  891.830(c)(4) would permit capital advance funds to 
be used to pay off that portion of a bridge or construction financing, 
or repaying a portion of bonds that strictly relate to capital advance 
eligible costs. However, the capital advance funds would not be used to 
pay for construction interest or any transaction costs associated with 
the tax-exempt bonds or low-income housing tax credits financing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Brick Consumer Home, Brick Township, New Jersey--
FHA Project Number 035-HD003. This project has experienced move-outs 
and a general lack of interest in shared housing. A waiver of the very-
low income requirement for one resident was requested.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 22, 2007.
    Reason Waived: This property experienced three move-outs between 
2005 and 2006. Due to the lack of interest in shared housing, 
management had difficulty maintaining full occupancy. A waiver of the 
very-low income requirement was requested for one resident who was 
admitted into the property in error. At the time, it was believed that 
the tenant met the exception that stipulates that low-income limits 
were to be used for Section 811 projects funded in FY 1995. However, 
management used the date the Project Rental Assistance Contract was 
executed instead of the date indicated on the funding reservation 
letter. It was discovered when management submitted a voucher for 
payment and an error was generated indicating the tenant's income 
exceeded the very-low limit and that a waiver would be required. The 
property is a Section 811 Capital Advance project for the disabled and 
is a three-bedroom house designated for chronically mentally ill 
clientele. This waiver was granted to prevent hardship to the subject 
tenant and allow them to remain at the property and not be displaced as 
a result of owner/management error and further help the property 
achieve 100 percent occupancy.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Prairie Haven, South Sioux City, Nebraska, FHA 
Project Number 103-EE016. The owner of Prairie Haven has requested 
permission to waive the very-low income requirement to help alleviate 
the current occupancy level and financial problems the property is 
experiencing.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.

[[Page 15178]]

    Reason Waived: This regulatory waiver was granted to Prairie Haven 
to allow the property to rent to persons who are above the very low-
income limits to the low-income limits (between 51 and 80 percent of 
area median income). Due to the remote location in the rural area 
within the municipality of South Sioux City, the owner has been unable 
to attract and maintain very low-income elderly applicants. The 
property had an average vacancy rate of 26.67 percent in 2007, despite 
management's extensive outreach and marketing efforts. The Kansas City 
Multifamily Hub reported that the local housing market continues to 
indicate an insufficient demand for very low-income elderly renters. 
Providing the waiver alleviated the current financial problems the 
project is experiencing and save the project from foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Shepherd Place Apartments, Carlisle, Kentucky, 
FHA Project Number 083-EH268. The owner/managing agent requested waiver 
of the very low-income restriction and elderly restriction in order to 
permit admission of lower-income (incomes between 51 and 80 percent of 
median), near-elderly applicants (between the age of 55 and 62), when 
there are no very low-income elderly applicants to fill vacant units.
    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: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 15, 2007.
    Reason Waived: This property is located in rural Nicholas County. 
The owner/managing agent reported that the Bourbon County Housing 
Authority reported vacancies and several other housing complexes 
throughout the surrounding counties of Bourbon, Harrison and Nicholas 
report vacancies. The market analysis indicated there was insufficient 
effective demand to fill the complex with very low-income elderly. It 
was determined that granting the waiver would allow the property to 
have the flexibility to offer units to individuals who meet the 
definition of lower income and near elderly and the owner would be able 
to increase occupancy levels and stabilize the project's current 
financial status and prevent foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone 
(202) 708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Sunset Fields Apartments, Fennimore, Wisconsin, 
FHA Project Number 075-EE058. The project is experiencing severe 
vacancy problems. There is little demand by very low-income elderly for 
this type of housing in this small town.
    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 o