Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2008, 38072-38091 [E8-14805]
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38072
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
waivers of regulations that HUD has
approved, by publishing a notice in the
Federal Register. These notices (each
[Docket No. FR–5217-N–01]
covering the period since the most
recent previous notification) shall:
Notice of Regulatory Waiver Requests
a. Identify the project, activity, or
Granted for the First Quarter of
undertaking involved;
Calendar Year 2008
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 January
issued on April 22, 1991 (56 FR 16337).
1, 2008 and ending on March 31, 2008.
In accordance with those procedures
FOR FURTHER INFORMATION CONTACT: For
and with the requirements of section
general information about this notice,
106 of the HUD Reform Act, waivers of
contact Aaron Santa Anna, Assistant
regulations are granted by the Assistant
General Counsel for Regulations,
Secretary with jurisdiction over the
Department of Housing and Urban
regulations for which a waiver was
Development, 451 Seventh Street, SW.,
requested. In those cases in which a
Room 10276, Washington, DC 20410–
General Deputy Assistant Secretary
0500, telephone (202) 708–3055 (this is
granted the waiver, the General Deputy
not a toll-free number). Persons with
Assistant Secretary was serving in the
hearing- or speech-impairments may
absence of the Assistant Secretary in
access this number through TTY by
accordance with the office’s Order of
calling the toll-free Federal Information
Succession.
Relay Service at (800) 877–8339.
This notice covers waivers of
For information concerning a
regulations granted by HUD from
particular waiver that was granted and
January 1, 2008 through March 31, 2008.
for which public notice is provided in
For ease of reference, the waivers
this document, contact the person
granted by HUD are listed by HUD
whose name and address follow the
program office (for example, the Office
description of the waiver granted in the
of Community Planning and
accompanying list of waivers that have
Development, the Office of Fair Housing
been granted in the first quarter of
and Equal Opportunity, the Office of
calendar year 2008.
Housing, and the Office of Public and
Indian Housing, etc.). Within each
SUPPLEMENTARY INFORMATION: Section
program office grouping, the waivers are
106 of the HUD Reform Act added a
listed sequentially by the regulatory
new section 7(q) to the Department of
section of title 24 of the Code of Federal
Housing and Urban Development Act
Regulations (CFR) that is being waived.
(42 U.S.C. 3535(q)), which provides
For example, a waiver of a provision in
that:
1. Any waiver of a regulation must be 24 CFR 58 would be listed before a
in writing and must specify the grounds waiver of a provision in 24 CFR 570.
Where more than one regulatory
for approving the waiver;
provision is involved in the grant of a
2. Authority to approve a waiver of a
particular waiver request, the action is
regulation may be delegated by the
listed under the section number of the
Secretary only to an individual of
first regulatory requirement that appears
Assistant Secretary or equivalent rank,
in 24 CFR and that is being waived. For
and the person to whom authority to
example, a waiver of both § 58.73 and
waive is delegated must also have
§ 58.74 would appear sequentially in the
authority to issue the particular
listing under § 58.73.
regulation to be waived;
Waiver of regulations that involve the
3. Not less than quarterly, the
same initial regulatory citation are in
Secretary must notify the public of all
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
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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 first quarter of calendar year 2008)
before the next report is published (the
second quarter of calendar year 2008),
HUD will include any additional
waivers granted for the first 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: June 24, 2008.
Robert M. Couch,
General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development January 1, 2008 Through
March 31, 2008
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 58.22(a) and 24
CFR 58.43(a).
Project/Activity: The Miller project
consisted of the development of 5.21
acres of land in Siletz, Oregon by the
Confederated Tribes of Siletz Indians
(CTSI). The development includes a
maximum of 30 homes funded by
approximately $5,897,890 of Indian
Housing Block Grant funds from fiscal
years 2001–2007. The CTSI purchased
properties without conducting an
environmental review and when a
notice of a Finding of No Significant
Impact (FONSI) was not mailed to
interested parties and agencies.
Nature of Requirement: The first
regulation, 24 CFR 58.22(a), requires
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that an environmental review be
performed and a Request for Release of
Funds be completed and certified prior
to the commitment of non-HUD funds to
a project using HUD funds. The second
regulation, 24 CFR 58.43(a), requires
that notice be issued when a responsible
entity makes a FONSI.
Granted by: Roy A. Bernardi, Deputy
Secretary.
Date Granted: January 17, 2008.
Reason Waived: The waiver was
granted based on the following findings:
the project furthered objectives of the
Indian Housing Block Grant Program;
the errors made in the environmental
process were made in good faith and
were not willful violations; and a site
review and environmental assessment
concluded that the granting of a waiver
would not result in adverse
environmental impact.
Contact: Danielle Schopp, Office of
Environment and Energy, Office of
Community and Planning Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7250, Washington, DC 20410–
7000, telephone (202) 708–2470.
• Regulation: 24 CFR 58.22(a).
Project/Activity: The Heartland Hills
project involved a $198,000 Economic
Development Initiative Special Purpose
grant for building rehabilitation, street
and driveway construction, water line
installation, and demolition preparation
in Waverly, IA. The grant was issued to
the Iowa Heartland Habitat for
Humanity and Bremer County, IA, acted
as Responsible Entity. Work was
performed using non-HUD funds prior
to the performance of an environmental
review.
Nature of Requirement: The
regulation requires that an
environmental review be performed and
a Request for Release of Funds be
completed and certified prior to the
commitment of non-HUD funds to a
project using HUD funds.
´
Granted By: Nelson R. Bregon,
General Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: February 5, 2008.
Reason Waived: The waiver was
granted based on the following findings:
the project furthered objectives of
providing affordable housing of lowincome residents; the errors made in the
environmental process were made in
good faith and were not willful
violations; work ceased when the
violation was discovered; and a site
review and environmental assessment
concluded that the granting of a waiver
would not result in adverse
environmental impact.
Contact: Danielle Schopp, Office of
Environment and Energy, Office of
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Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7250, Washington, DC 20410–
7000, telephone (202) 708–2470.
• Regulation: 24 CFR 58.22(a).
Project/Activity: The Conrad Prebys
Clubhouse and Youth Center was a Boys
& Girls Club project that included two
Economic Development Initiative
Special Purpose grants in the amounts
of $325,000 and $459,000. The facility
is located in Santee, CA, which also
acted as the Responsible Entity. Work
was performed using non-HUD funds to
construct the project prior to the
performance of an environmental
review.
Nature of Requirement: The
regulation requires that an
environmental review be performed and
a Request for Release of Funds be
completed and certified prior to the
commitment of non-HUD funds to a
project using HUD funds.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: March 4, 2008.
Reason Waived: The waiver was
granted based on the following findings:
the project furthered objectives of
community development; the errors
made in the environmental process were
made in good faith and were not willful
violations; and an environmental
assessment concluded that the granting
of a waiver will not result in adverse
environmental impact.
Contact: Jerimiah Sanders, Office of
Environment and Energy, Office of
Community and Planning Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7250, Washington, DC 20410–
7000, telephone (202) 708–2470.
• Regulations: 24 CFR 92.214(a)(1)
and 24 CFR 92.214(a)(6).
Project/Activity: The State of
Nebraska’s Department of Economic
Development requested a waiver of the
HOME Program regulations 24 CFR
92.214(a)(1) and 24 CFR 92.214(a)(6) for
three troubled HOME rental projects
which were initially under-funded and
underwritten to carry unacceptably high
debt in relation to potential net
operating income. The waiver permitted
additional HOME funds to be provided
and permitted HOME funds to be used
for operating reserves to ensure viability
of these projects. The additional HOME
investment would be supplemented by
the Nebraska Housing Trust Funds and
would permit the State to retain 82 atrisk units as affordable rental housing.
Nature of Requirement: The HOME
regulations at 24 CFR 92.214(a)(6) state
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that, except for the 12 months following
project completion, additional HOME
assistance may not be provided to a
previously-assisted HOME project
during the period of affordability. The
HOME regulations at 24 CFR
92.214(a)(1) prohibits the use of HOME
funds to capitalize project reserve
accounts, except for initial operating
deficit reserves not to exceed 18
months, as permitted under 24 CFR
92.206(d)(5).
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: March 14, 2008.
Reason Waived: HUD examined the
workout plan for these projects and
determined that it was desirable to
facilitate continued operation of these
properties as HOME assisted affordable
rental housing. The additional HOME
investment would stabilize the eight
HOME units that are in compliance for
the remainder of their affordability
period, correct the previous
noncompliance of thirty-one HOME
units by restarting their affordability
periods, and add an additional fortythree units which would carry HOME
restrictions. These waivers permitted
the State to retain 82 at-risk units as
affordable housing.
Contact: Virginia Sardone, Director,
Policy and Programs Division, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7158, Washington, DC 20410–
7000, telephone (202) 402–4808.
• Regulations: 24 CFR 91.105(c); 24
CFR 92.203(a)(1) and (2) (HOME
regulations), and 24 CFR 92.610(c)
(ADDI regulations); Section 212(c) of the
HOME Investment Partnerships Act (the
Act), and 24 CFR 92.207; Section
212(a)(3) of the Act, and 92.209(b), (c),
(h), (i), (j), and (k); 24 CFR 92.209(h)(3);
24 CFR 92.222(b); 24 CFR 92.251 and 24
CFR 92.612(b); 24 CFR 92.209(i) and 24
CFR 92.251(d); Section 225(d) of the
Act, and 24 CFR 92.253(d); Section
215(b)(1) of the Act, and 24 CFR
92.254(a)(2); Section 231 of the Act and
24 CFR 92.300(a)(1); Section 271(c)(1) of
the Act, and 24 CFR 92.602(a)(1); 24
CFR 92.353(e), and 24 CFR 42.375; 24
CFR 42.350(e)(1); 24 CFR
92.353(b)(2)(iii); Section 288 of the Act.
Project/Activity: The State of Oregon
requested that HUD suspend HOME
statutory requirements and waive
HOME regulations to facilitate its
recovery from the devastation caused by
the Northwest December Storm for
Clatsop, Columbia, Lincoln, Polk,
Tillamook, and Yamhill counties. These
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counties are located within a declared
disaster area pursuant to Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Nature of Requirement: The
requirements waived are as follows:
§ 91.105(c)—Citizen Participation Plan
requirement to provide not less than 30
days for citizen comment to changes to
the Consolidated Plan; § 92.203(a)(1)
and (2) (HOME), and § 92.610(c)
(ADDI)—Source Documentation for
Income Determinations; Section 212(c)
(Act) and 92.207—Limitation on Use of
HOME funds for Administrative Costs;
Section 212(a)(3) (Act) and 92.209(b),
(c), (h), (i), (j) and (k)—Tenant-based
Rental Assistance (TBRA): Eligible Costs
and Requirements; § 92.209(h)(3)—Rent
Standards for Tenant-based Rental
Assistance (TBRA); 92.222(b)—
Reduction of matching contribution
requirement; § 92.251 and 92.612(b)—
Property Standards for Units
Rehabilitated with HOME and ADDI
Assistance; § 92.209(i) and § 92.251(d)—
Property Standards for Tenant-based
Rental Assistance (TBRA); Section
225(d) of the Act and § 92.253(d)—
Tenant and Participation Protections;
Section 215(b)(1) of the Act and
§ 92.254(a)(2)—Homeownership
Housing Maximum Values/Sales Price
Limitation; Section 231 (Act) and
§ 92.300(a)(1)—Set-aside for Community
Housing Development Organizations
(CHDO); Section 271(c)(1) of the Act
and § 92.602(a)(1)—First-time
Homebuyer Requirement for ADDI;
92.353(e) and 42.375—Section 104(d)
One-for-One Replacement Housing;
§ 92.353(e) and 42.350(e)(1)—
Replacement Housing Assistance;
92.353(b)(2)(iii)—Decent, Safe and
Sanitary Standard; and, Section 288 of
the Act—Environmental Review
Requirements.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: February 4, 2008.
Reasons Waived: Due to the severity
of the storm damage from the Northwest
December Storm, the Department
determined there was good cause to
waive the above requirements.
Contact: Virginia Sardone, Director,
Policy and Programs Division, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7158, Washington, DC 20410–
7000, telephone (202) 402–4808.
• Regulations: 24 CFR 92.203(a)(1)
and (2) (HOME), and 24 CFR 92.610(c)
(ADDI); Section 212(a)(3) of the Act, and
92.209(b), (c), (h), (i), (j) and (k); 24 CFR
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92.209(h)(3); 24 CFR 92.222(b); 24 CFR
92.251 and 24 CFR 92.612(b); 24 CFR
92.209(i) and 24 CFR 92.251(d); Section
225(d) of the Act, and 24 CFR 92.253(d);
and 24 CFR 92.353(d).
Project/Activity: The State of
Washington requested that HUD
suspend statutory requirements and
waive HOME regulations to facilitate the
recovery from the displacement of
households and/or the damage to homes
caused by the severe storm and flooding
occurring in December 2007 in the
following counties: Clallam, Grays
Harbor, King, Kitsap, Lewis, Mason,
Pacific, Snohomish, Thurston and
Wahkiakum Counties. These Counties
are in a declared disaster area pursuant
to Title IV of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act.
Nature of Requirement: The
requirements are as follows: 24 CFR
92.203(a)(1) and (2) (HOME), and 24
CFR 92.610(c) (ADDI)—requiring that
initial income determinations for HOME
and ADDI beneficiaries be made using
source documentation; Section 212(a)(3)
of the Act, and 92.209(b), (c), (h), (i), (j)
and (k) governing the HOME TBRA
program; 24 CFR 92.209(h)(3)—
requiring TBRA rent payments may not
exceed the difference between the rent
standard and 30 percent of the families’
adjusted income; 24 CFR 92.222(b)—
reducing the matching requirements; 24
CFR 92.251 and 24 CFR 92.612(b)—
requiring housing assisted with HOME
or ADDI funds meet certain property
standards; 24 CFR 92.209(i) and 24 CFR
92.251(d)—providing that units
occupied by recipients of HOME TBRA
meet the Housing Quality Standards
(HQS); Section 225(d) of the Act, and 24
CFR 92.253(d)—requiring written tenant
selection policies and procedures; and
24 CFR 92.353(d)—requiring a written
relocation policy.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: February 21, 2008.
Reason Waived: Pursuant to Title IV
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act,
President George W. Bush declared a
major disaster for Clallam, Grays
Harbor, King, Kitsap, Lewis, Mason,
Pacific, Snohomish, Thurston and
Wahkiakum Counties in the State of
Washington as a result of a severe storm
and flooding occurring in December
2007. Section 290 of the CranstonGonzalez National Affordable Housing
Act of 1990 (NAHA), as amended,
authorizes HUD to suspend certain
HOME statutory and regulatory
requirements for HOME participating
jurisdictions located within Presidential
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declared disaster areas. It was
determined that the waiver would
facilitate the continued recovery of
these counties.
Contact: Virginia Sardone, Director,
Policy and Programs Division, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7158, Washington, DC 20410–
7000, telephone (202) 402–4808.
• Regulations: 24 CFR 92.251(a)(1).
Project/Activity: Shelby County,
Tennessee, requested a waiver to
facilitate its recovery from damage
caused by severe storms, tornadoes,
straight-line winds, and flooding. The
County was declared a major disaster
area pursuant to Title IV of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act.
Nature of Requirement: Section
92.251(a)(1) of the HOME regulations in
24 CFR part 92 requires that housing
assisted with HOME funds meet specific
property and rehabilitation standards.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: March 27, 2008.
Reasons Waived: It was determined
that the waiver would facilitate the
recovery of Shelby County from the
damage caused by the severe storms,
tornados and flooding of March and
April 2006. The waiver would allow the
County to make emergency repairs to
storm-damaged, owner-occupied units
and return these units to habitability
more quickly, which would help the
county to meet the critical housing
needs of families whose homes were
damaged and increase the number of
assisted households.
Contact: Virginia Sardone, Director,
Policy and Programs Division, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7158, Washington, DC 20410–
7000, telephone (202) 402–4808.
• Regulations: 24 CFR 91.115(b)(4)
and 24 CFR 91.115(i).
Project/Activity: The State of Oregon
requests a waiver of the Community
Development Block Grant (CDBG)
regulation at 24 CFR 91.115(b)(4).
Nature of Requirement: Provisions of
CDBG regulations at 24 CFR 91.115(b)(4)
require that a minimum of thirty days be
allowed for public comments to the
changes to the Method of Distribution
(MOD); while 24 CFR 91.115(i) requires
the State to follow its citizen
participation plan.
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´
Granted by: Nelson R. Bregon,
Assistant Secretary, Community
Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: A waiver of
91.115(b)(4), which provided reduced
public comment period from 30 days to
3 days, would allow the State to
implement the amendment to the 2008
MOD and annual action plan
expeditiously and enable the State to
provide assistance to affected units of
general local government (UGLG) for
disaster recovery in a timely manner. A
waiver of 24 CFR 91.115(i) was
determined necessary to permit the state
to deviate from its citizen participation
plan.
Contact: Diane Lobasso, Director,
State and Small Cities Division, Office
of Block Grant Assistance, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7184, Washington, DC 20410–
7000, telephone (202) 402–2191.
• Regulation: 24 CFR 570.489(a)(1)(i)
and (iii), Statutes: 42 U.S.C.
5306(d)(3)(A), (d)(6), as revised and
renumbered by Public Law 108–199,
Section 423 (and formerly codified as 42
U.S.C. 56306(d)(3)(A).
Project/Activity: The State of Oregon
requested statutory suspension of 42
U.S.C. 5306(d)(3)(A), (d)(5) and (d)(6),
Section 105(d)(3)(A) of the Housing and
Community Development Act (HCDA);
and a waiver of CDBG regulation at 24
CFR 570.489 (a)(1), (3).
Nature of Requirements: Provisions of
CDBG statutes at 42 U.S.C.
5306(d)(3)(A)(d)(6) and the regulations
at 24 CFR 570.489(a)(1)(i) and (iii),
establish the State CDBG administrative
cap at 2% and match requirements
exceeding $100,000. Section 106(d) of
the HCDA, allows grantees to use up to
2% of their allocation on state
administration, 1% for technical
assistance, or 3% of a combination
thereof, in addition to $100,000 for
administration without having to
provide a match.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary, Community
Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: Due to the flood
devastation, additional administrative
funds were determined needed to assist
the State of Oregon to recover from the
disaster. By suspending the 2%
administration cap and allowing use of
matching funds for other purposes, the
state would be able to administer its
program and use CDBG funds needed in
communities affected by the flood. This
waiver would allow the State to provide
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additional administrative funds (from
2% to 4%) and remove the requirement
that the State must match the amount of
administrative expenses in excess of
$100,000 that are used for disaster
recovery activities. The State was not
permitted to exceed the overall
planning, management and
administrative cap of 20 percent
pursuant to 24 CFR 570.489(a)(3).
Contact: Diane Lobasso, Director,
State and Small Cities Division, Office
of Block Grant Assistance, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7184, Washington, DC 20410–
7000, telephone (202) 402–2191.
• Regulation: 24 CFR 570.486(a)(5).
Project/Activity: The State of Oregon
requested a waiver of CDBG regulation
at 24 CFR 570.486(a)(5).
Nature of Requirement: Provisions of
CDBG regulation at 24 CFR
570.486(a)(5) require each UGLG to
provide for a minimum of two public
hearings at different stages of a CDBGfunded activity to ensure local citizen
participation.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary, Community
Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: Allowing the UGLG
to conduct only one public hearing
would expedite application processing
and the provision of CDBG funds to the
UGLG.
Contact: Diane Lobasso, Director,
State and Small Cities Division, Office
of Block Grant Assistance, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7184, Washington, DC 20410–
7000, telephone (202) 402–2191.
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 219.220(b).
Project/Activity: Hickory Hollow
Cooperative I, Wayne, Michigan—FHA
Project Number 044–55190. The owner
is requesting waiver of the regulations
that require repayment of the flexible
subsidy loan and approval of a 30-year
amortization of the flexible subsidy loan
at a 1 percent interest rate.
Nature of Requirement: Section
219.220(b) governs the repayment of
operating assistance provided under the
Flexible Subsidy Program for Troubled
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38075
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: March 11, 2008.
Reason Waived: The project has
maintained affordability under the
Section 221(d)(3) BMIR program and
consistently received REAC scores
above 60 since 2001. The project
requires renovations to continue as a
well-maintained source of affordable
housing. By allowing waiver of this
regulation, the project would remain as
a cooperative. The owner would be
allowed to prepay the existing mortgage,
obtain financing to perform
rehabilitation of the property, allow the
amortization of the flexible subsidy
loans with the new mortgage, and
provide sufficient funds for the
property’s needed capital
improvements.
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 219.220(b).
Project/Activity: Hickory Hollow
Cooperative II, Wayne, Michigan—FHA
Project Number 044–44151. The owner
is requesting waiver of the regulations
that require repayment of the flexible
subsidy loan and approval of a 30-year
amortization of the flexible subsidy loan
at a 1 percent interest rate.
Nature of Requirement: Section
219.220(b) 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: March 11, 2008.
Reason Waived: The project has
maintained affordability under the
Section 221(d)(3) BMIR program and
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consistently received REAC scores
above 60 since 2001. The project
requires renovations to continue as a
well-maintained source of affordable
housing. By allowing waiver of this
regulation, the project would remain as
a cooperative, the owner would be
allowed to prepay the existing mortgage,
obtain financing to perform
rehabilitation of the property, allow the
amortization of the flexible subsidy
loans with the new mortgage, and
provide sufficient funds for the
property’s needed capital
improvements.
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: Remeeder Houses,
Brooklyn, New York—FHA Project
Number 012–44023. The owner has
proposed to waive required submission
of HUD-Form 93014, Monthly Report of
Excess Income, in support of the sale
and litigation of the property.
Nature of Requirement: Section
236.60(e) provides guidelines for
retaining excess income. Excess income
is defined as cash collected as rent from
the residents by the mortgagor on a unitby-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: January 18, 2008.
Reason Waived: The proposed sale
and redevelopment of the project that
includes tax-exempt bonds with lowincome housing tax credits would
restore the project to a decent, safe and
sanitary condition for all tenants. The
sale would assure that all HUD debt is
paid, the mortgage is no longer HUDHeld and the project would remain an
affordable housing resource for an
additional 30 years through the
execution of the Use Agreement as part
of the Section 236 decoupling
transaction.
Contact: Beverly J. Miller, Director,
Office of Asset Management, Office of
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Housing, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 6160, Washington, DC
20410–8000, telephone (202) 708–3730.
• Regulation: 24 CFR 290.30(a)
Project/Activity: Oakwood Gardens,
Mount Vernon, New York—FHA Project
Numbers: 012–57139V and 012–
57139W. The owner has requested
prepayment approval of their two HUDHeld mortgages. In addition, they are
requesting the Department to assign the
mortgages to the purchasing entity’s
new mortgagee, for mortgage recording
tax savings in the State of New York.
Nature of Requirement: HUD’s
regulations governing the sale of HUDHeld mortgages are set forth in 24 CFR
Part 290, subpart B, Section 290.30(a) of
those regulations state that ‘‘[e]xcept as
otherwise provided in Section
290.31(a)(2), HUD will sell HUD-Held
multifamily mortgages on a competitive
basis.’’ Section 290.31(a)(2) permits
‘‘negotiated’’ sales to state or local
governments for mortgage loans that are
current and secured by subsidized
projects, provided such loans are sold
with FHA insurance.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 8, 2008.
Reason Waived: Waiver of the
regulations covering the sale of HUDHeld mortgages to allow the noncompetitive sale of the HUD-Held
mortgages securing the project with
FHA insurance has been approved.
Good cause having been shown it is in
the public interest, and consistent with
the Secretary’s objectives to waive the
appropriate regulations in order to
permit the non-competitive sale to
Intervest National Bank. HUD will be
paid in full for all three current
mortgage loans at closing of this
transaction.
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, extension 2598.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Baptist Retirement
Village II, Gadsden, AL, Project Number:
062 EE080/AL09–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: January 8, 2008.
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, 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 XVIFarmington, 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 closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 13, 2008.
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: AASC Housing II,
Anchorage, AK, Project Number: 176–
HD027/AK06–Q051–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 13, 2008.
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: San Clemente Villas,
Plant City, FL, Project Number: 067–
EE143/FL29–S061–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
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Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 16, 2008.
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: Rolling Meadows
Senior Living, Taylorville, IL, Project
Number: 072–EE167/IL06–S061–004.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 20, 2008.
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: St. Bernadette Manor
II, Opelousas, LA, Project Number: 064–
EE029/LA48–S061–009.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 20, 2008.
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).
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Project/Activity: Warren-Yazoo
Mental Health Services, Vicksburg, MS,
Project Number: 065–HD037/MS26–
Q051–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Kiamichi Place
Senior Housing, Antlers, OK, Project
Number: 118–EE045/OK56–S061–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Harvard Supportive
Housing Development, Harvard, IL,
Project Number: 071–HD154/IL06–
Q061–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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., Room 6134, Washington,
DC 20410–8000, telephone (202) 708–
3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Apostles Village,
Brandon, FL, Project Number: 067–
EE137/FL29–S051–005.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Rosewood
Apartments, Erie, PA, Project Number:
033–HD101/PA28–Q061–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: February 29, 2008.
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: Wilson Court II,
Little Rock, AR, Project Number: 082–
HD096/AR37–Q061–006.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
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Date Granted: March 5, 2008.
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: Candice Home, Crete,
IL, Project Number: 071–HD153/IL06–
Q051–007.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 5, 2008.
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: Harvard Supportive
Housing Development, Harvard, IL,
Project Number: 071–HD154/IL06–
Q061–003.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 5, 2008.
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.
• Regulations: 24 CFR 891.100(d) and
24 CFR 891.165.
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Project/Activity: Senior Living at
Prouty, Spencer, MA, Project Number:
023–EE183/MA06–S051–000.
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: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 7, 2008.
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. The sponsor/owner
required additional time to prepare for
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 891.100(d).
Project/Activity: Bristol Place
Apartments, Bryant, AR, Project
Number: 082–EE170/AR37–S051–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 13, 2008.
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: Odenton Senior
Housing II, Odenton, MD, Project
Number: 052–EE056/MD06–S061–001.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
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Date Granted: March 19, 2008.
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.,
Washington, DC 20410–8000, telephone
(202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Village of Hope,
Columbia, TN, Project Number: 086–
HD038/TN43–Q061–002.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 21, 2008.
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 891.165.
Project/Activity: TELACU La
Esperanza, Pomona, CA, Project
Number: 122–EE199/CA16–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: January 10, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain
approval of the project’s design from the
city and 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: Project Beginnings I,
Akron & Lakemore Village, Akron, OH,
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Project Number: 042–HD129/OH12–
Q051–002.
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: January 13, 2008.
Reason Waived: The sponsor/owner
needed additional time for 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: D Street Senior
Housing, Ontario, CA, Project Number:
143–EE060/CA43–S051–002.
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: January 16, 2008.
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: Morning Star Senior
Residences, Rock Island, IL, Project
Number: 071–EE216/IL06–S051–011.
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: January 16, 2008.
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.
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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: Southern Breeze,
Eunice, LA, Project Number: 064–
EE199/LA48–S051–015.
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: January 22, 2008.
Reason Waived: The sponsor/owner
needed additional time for the firm
commitment application to be
resubmitted 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Hughes Homes,
Catonsville, MD, Project Number: 052–
HD070/MD06–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: January 22, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve
architectural plans and specification
issues 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Mulberry
Apartments, Wayne, WV, Project
Number: 045–HD041/WV15–Q051–001.
Nature of Requirement: Section
891.165 provides that the duration of
the fund reservation of the capital
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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: January 23, 2008.
Reason Waived: The sponsor/owner
needed additional time to secure
additional funding 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Academy Place,
Gowanda, NY, Project Number: 014–
EE253/NY06–S051–009.
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: January 23, 2008.
Reason Waived: Additional time was
needed 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: Ictineo Apartments,
Hartford, CT, Project Number: 017–
HD036/CT26–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: January 23, 2008.
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, Department of Housing
and Urban Development, 451 Seventh
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Street, SW., Room 6134, Washington,
DC 20410–8000, telephone (202) 708–
3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Vista California
Supportive Housing, Vista, CA, Project
Number: 129–HD030/CA33–QO41–001.
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: January 23, 2008.
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: West Bergen ILP
2005, Ridgewood, NJ, Project Number:
031–HD145/NJ39–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: January 23, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve design
issues required by the Ridgewood
Township Planning Board 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: OMHS Housing
2005, Barnegat, NJ, Project Number:
035–HD062/NJ39–Q051–005.
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.
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Date Granted: January 23, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain a new
contractor 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: AASC Housing II,
Anchorage, AK, Project Number: 176–
HD027/AK06–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: January 25, 2008.
Reason Waived: The sponsor/owner
needed additional time to locate a new
site, to submit the firm commitment
application, 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Apostles Village,
Brandon, FL, Project Number: 067–
EE137/FL29–S051–005.
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: February 1, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve issues
concerning restrictive zoning, off-site
drainage requirements and construction
costs.
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.
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Project/Activity: Grayson Bay Housing
Corporation, Marshfield, WI, Project
Number: 075–HD090/WI39–Q051–002.
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: February 6, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve site
issues 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Project Beginning II,
Cleveland, OH, Project Number: 042–
HD130/OH12–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: February 13, 2008.
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: Arbor Court, Fresno,
CA, Project Number: 121–HD083/CA39–
Q041–003.
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: February 19, 2008.
Reason Waived: The sponsor/owner
needed additional time to finalize
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design issues, secure additional funding
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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Hogar Adventista,
Naguabo, PR, Project Number: 056–
EE070/RQ46–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: February 19, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain the
necessary permits 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: Jawonio Residential
Opportunities III, Rockland County, NY,
Project Number: 012–HD119/NY36–
Q031–004.
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: February 20, 2008.
Reason Waived: Additional time was
needed for 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Indian Rock
Supportive Housing, Saugus, MA,
Project Number: 023–EE175/MA06–
S041–010.
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: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: February 29, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain a new
contractor 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Kaaterskill Manor,
Catskill, NY, Project Number: 014–
EE252/NY06–S051–008.
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: February 29, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain final
approval from the local planning and
zoning boards 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Lyons Place, Dayton,
OH, Project Number: 046–EE078/OH10–
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: February 29, 2008.
Reason Waived: The sponsor/owner
needed additional time to complete the
firm commitment application and for
the project to be initially closed.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
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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: Paschall Senior
Housing, Philadelphia, PA, Project
Number: 034–EE145/PA26–S051–005.
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: February 29, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain zoning
approval 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Clearlake Oaks
Manor, Clearlake Oaks, CA, Project
Number: 121–EE174/CA39–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: March 6, 2008.
Reason Waived: The sponsor/owner
needed additional time to finalize the
acquisition of the new site 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Toby House VII,
Phoenix, AZ, Project Number: 123–
HD039/AZ20–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.
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Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 6, 2008.
Reason Waived: The sponsor/owner
needed additional time to secure sites,
obtain a more experienced Architect,
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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Vernon Street
Residence, Framingham, MA, Project
Number: 023–HD222/MA06–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: March 7, 2008.
Reason Waived: The sponsor/owner
needed additional time to complete the
zoning approval process, for the firm
commitment to be processed, 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Folsom Oaks,
Folsom, CA, Project Number: 136–
HD017/CA30–Q041–001.
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: March 7, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve
zoning issues, secure additional funds,
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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
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• Regulation: 24 CFR 891.165.
Project/Activity: Convent Hill
Apartments, Milwaukee, WI, Project
Number: 075–EE133/WI39–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: March 7, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain a new
contractor 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Harshfield Terrace,
Quartz Hill, CA, Project Number: 122–
EE195/CA16–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: March 7, 2008.
Reason Waived: The sponsor/owner
needed additional time to resolve
entitlement issues, to review
environmental plans, 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Alex Apartments,
West Carrollton, OH, Project Number:
046–HD032/OH10–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: March 13, 2008.
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Reason Waived: The sponsor/owner
needed additional time to resolve
litigation issues over the City’s reversal
of proper zoning and neighborhood
opposition.
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: Mary Griffith House,
Heavener, OK, Project Number: 118–
HD036/OK56–Q051–005.
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: March 17, 2008.
Reason Waived: The sponsor/owner
needed additional time to obtain a 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: Kirkland Homes,
Hagerstown, MD, Project Number: 052–
HD068/MD06–Q051–002.
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: March 26, 2008.
Reason Waived: The sponsor/owner
needed additional time 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: MHA Mohr Place II,
Wichita, KS, Project Number: 102–
EE028/KS16–S051–001.
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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: March 27, 2008.
Reason Waived: The sponsor/owner
needed additional time for revisions to
be made to the project’s plans and
specifications, for the firm commitment
application to be reprocessed, 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Lakeview Properties,
Baltimore, MD, Project Number: 052–
HD071/MD06–Q051–005.
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: March 27, 2008.
Reason Waived: Additional time was
needed for the firm commitment
application to be processed 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.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Bristol Place
Apartments, Bryant, AR, Project
Number: 082–EE170/AR37–S051–002.
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: March 27, 2008.
Reason Waived: The sponsor/owner
needed additional time for the firm
commitment to be issued and for the
project to be initially closed.
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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: Homes of Care I,
Lawrence, MA, Project Number: 023–
HD218/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: March 27, 2008.
Reason Waived: The sponsor/owner
needed additional time 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: Ohana Homes,
Sykesville, MD, Project Number: 052–
HD067/MD06–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: March 27, 2008.
Reason Waived: The sponsor/owner
needed additional time 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 and 24
CFR 891.830(b).
Project/Activity: Hale Mahaolu Ehiku,
Phase IB, Kihei, HI, Project Number:
140–EE028/HI10–S021–001.
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
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case-by-case basis. Section 891.830(b)
requires that capital advance funds be
drawn down only in an approved ratio
to other funds in accordance with a
drawdown schedule approved by HUD.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 24, 2008.
Reason Waived: Additional time was
needed for issuance of a firm
commitment and for the initial closing
to occur. Also, because the other
funding sources needed to be disbursed
at a faster rate than a pro rata
disbursement would allow.
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 and 24
CFR 891.830(b) and 24 CFR
891.830(c)(4).
Project/Activity: Hale Mahaolu Ehiku,
Phase II, Kihei, HI, Project Number:
140–EE035/HI10–S051–002.
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. 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. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 26, 2008.
Reason Waived: Additional time was
needed for the firm commitment to be
issued and for the project to be initially/
finally closed. Also, because the other
funding sources needed to be disbursed
faster than a pro rata disbursement
would allow, and to permit capital
advance funds to pay off the portion of
the construction financing that strictly
relate to capital advance eligible costs.
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 891.205.
Project/Activity: Caring Incorporated
Senior Housing II, Pleasantville, NJ,
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Project Number: 035–EE055/NJ39–
S071–005.
Nature of Requirement: Section
891.205 requires Section 202 project
owners to have tax exemption status
under Section 501(c)(3) or (c)(4) of the
Internal Revenue Code.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 22, 2008.
Reason Waived: The required taxexemption ruling from IRS is to be
issued, but not 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) 708–3000.
• Regulation: 24 CFR 891.205.
Project/Activity: Port Town Village II,
Urbanna, VA, Project Number: 051–
EE118/VA36–S071–003.
Nature of Requirement: Section
891.205 requires Section 202 project
owners to have tax exemption status
under Section 501(c)(3) or (c)(4) of the
Internal Revenue Code.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 23, 2008.
Reason Waived: The required taxexemption ruling from IRS is to be
issued, but not 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) 708–3000.
• Regulation: 24 CFR 891.205.
Project/Activity: Ivy Residence II,
Philadelphia, PA, Project Number: 034–
EE153/PA26–S071–001.
Nature of Requirement: Section
891.205 requires Section 202 project
owners to have tax exemption status
under Section 501(c)(3) or (c)(4) of the
Internal Revenue Code.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 7, 2008.
Reason Waived: The required taxexemption ruling from IRS was to be
issued, but not 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.,
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Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.310(b)(1).
Project/Activity: Jawonio Residential
Opportunties III, Rockland County, NY,
Project Number: 012–HD119/NY36–
Q031–004.
Nature of Requirement: Section
891.310(b)(1) requires that all entrances,
common areas, units be occupied by
resident staff, and amenities must be
readily accessible to and usable by
persons with disabilities.
Granted by: Brian D. Montgomergy,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 3, 2008.
Reason Waived: The design of the
existing structure is such that it would
not be economically or architecturally
feasible to make both group homes
feasible. However, one of the group
homes would be feasible as well as over
twenty-five (25) percent of the sponsor’s
other units 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 891.310(b)(1)
and 891.310(b)(2).
Project/Activity: Venture OPTS 2005,
Suffern, NY, Project Number: 012–
HD130/NY36–Q051–004.
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. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: March 3, 2008.
Reason Waived: The design of three of
the four existing single family homes is
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 were 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.
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• Regulation: 24 CFR 891.410(c).
Project/Activity: Joy Court Village
Apartments, Americus, Georgia—FHA
Project Number 061–EE083. This project
continues to experience difficulty in
leasing its units to very low-income
elderly tenants.
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,
as amended by Section 801 of the
National Affordable Housing Act of
1990. 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: March 26, 2008.
Reason Waived: This property is
located in a largely rural area. The
project had been experiencing difficulty
in renting its units since initial
occupancy in November 2002. Currently
17 of 20 units are occupied. There are
three applicants that meet the age
waiver criteria and were on a waiting
list. The owner/managing agent
continued to aggressively market the
property with the local authorities,
news media, churches and various civic
organizations. The provisions of 24 CFR
891.410(c) were waived in order to
allow the agent to continue to lease to
individuals between the ages of 55 and
62 years of age, allowing the owner to
maintain full occupancy and save the
project from failing. Priority admission
would continue for elderly applicants
age 62 and over.
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: Cedar Ridge
Apartments, Ravenden, Arkansas, FHA
Project Number 082–EE128. The
property is currently experiencing
vacancy problems with two vacancies at
the 12-unit property.
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,
as amended by Section 801 of the
National Affordable Housing Act of
1990. Section 891.410(c) limits
occupancy to very low-income elderly
persons. To qualify, households must
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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: March 26, 2008.
Reason Waived: This regulatory
waiver was granted because if
continued, the current vacancy rate
would cause financial hardship for the
project. The owner was unable to attract
very low-income elderly persons.
Appropriate and extensive advertising
and outreach programs have been
conducted, including marketing the
property to the local housing authority
and news media. The waiver was
granted to allow the owner the ability to
offer units to individuals who meet the
definition of lower income, near elderly,
which should increase occupancy levels
at the property and, therefore, stabilize
the project’s current financial status.
First priority will be given to all
qualified eligible applicants who meet
the Section 202 very low-income
guidelines.
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: Cherry Hill
Apartments, Spring City, Tennessee,
FHA Project Number 087–EE006. The
owner/managing agent requested waiver
of the very low-income restriction and
elderly restriction in order to permit
admission of low-income elderly
applicants.
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,
as amended by Section 801 of the
National Affordable Housing Act of
1990. 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: March 12, 2008.
Reason Waived: The property
currently has 7 vacant units with no
waiting list. The property is located in
a rural setting and the local housing
market indicates that there is not
sufficient demand for very low-income
elderly housing. The owner/managing
agent continued to aggressively market
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the property with the local housing
authorities and various religious, social
and community organizations. It was
determined that providing a waiver
would allow the owner/managing agent
an opportunity to stabilize the project’s
current financial status, and prevent
foreclosure. First priority will be given
to all qualified applicants who meet the
Section 202 very low-income
guidelines.
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
20410–7000, telephone (202) 708–3730.
• Regulation: 24 CFR 891.410(c).
Project/Activity: Christopher Homes
of Strong, Strong, Arkansas—FHA
Project Number 082–EE009. This project
currently has 9 vacancies out of 20 units
with no waiting list.
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,
as amended by Section 801 of the
National Affordable Housing Act of
1990. 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: January 21, 2008.
Reason Waived: A waiver of the very
low-income and elderly restriction was
granted in order to permit admission of
lower-income (incomes between 51 and
80 percent of median) applicants where
there are no very low-income elderly
applicants to fill vacant units and allow
a reduction of the age limit from 62 to
55 years of age for the subject project.
The owner/managing agent reported a
45 percent vacancy rate despite
aggressive marketing efforts. The local
housing market indicated there is not
sufficient demand for very low-income
elderly housing. The waiver would
allow flexibility to offer units to lower
income, near elderly and, thus, the
owner will be able to increase
occupancy levels and, hopefully,
achieve full occupancy. The project
should not fail at full 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.
Project/Activity: Oakwood Gardens,
Mount Vernon, New York—FHA Project
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Numbers 012–57139V and 012–
57139W. The owner has requested
prepayment approval of their two HUDHeld mortgages. In addition, they are
requesting the Department to assign the
mortgages to the purchasing entity’s
new mortgagee, for mortgage recording
tax savings in the State of New York.
Nature of Requirement: HUD’s
regulations governing the sale of HUDHeld mortgages are set forth in 24 CFR
Part 290, subpart B, Section 290.30(a) of
those regulations state that ‘‘[e]xcept as
otherwise provided in Section
290.31(a)(2), HUD will sell HUD-Held
multifamily mortgages on a competitive
basis.’’ Section 290.31(a)(2) permits
‘‘negotiated’’ sales to state or local
governments for mortgage loans that are
current and secured by subsidized
projects, provided such loans are sold
with FHA insurance.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: January 8, 2008.
Reason Waived: Waiver of the
regulations covering the sale of HUDHeld mortgages to allow the noncompetitive sale of the HUD-Held
mortgages securing the project with
FHA insurance was approved. It was
determined to be in the public interest
and consistent with the Secretary’s
objectives to waive the appropriate
regulations in order to permit the
noncompetitive sale to Intervest
National Bank. HUD would be paid in
full for all three current mortgage loans
at closing of this transaction.
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: Red Lake Senior
Apartments, Red Lake, Minnesota—
FHA Project Number 092–EE087. The
property currently has 14 vacant units
with no waiting list despite aggressive
maketing and outreach efforts. The
owner/managing agent has requested
waiver of the age and income
requirement to increase occupancy
levels.
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,
as amended by Section 801 of the
National Affordable Housing Act of
1990. Section 891.410(c) limits
occupancy to very low-income elderly
persons. To qualify, households must
include a minimum of one person who
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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: January 18, 2008.
Reason Waived: A waiver of the
income requirement was granted to
assist management in renting vacant
units at this property. Currently there
are 12 occupied units. The project is
located in the exterior boundaries of the
Red Lake Reservation, and is held in
trust for the benefit of the Red Lake
Band of Chippewa Indians. The owner/
management agent was unable to attract
very low-income elderly persons. The
waiver would allow the project to fill
vacant units and develop a waiting list
by expanding their leasing options with
low-income, and near elderly
applicants.
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 891.520.
Project/Activity: Peace Lake Towers,
New Orleans, Louisiana—FHA Project
Number 064–EH055. The Fort Worth
Multifamily Property Disposition Center
is requesting approval to permit the
foreclosure use restriction to allow
initial occupancy at 55 years of age vs.
62 years of age as required by the
current Section 202 regulatory
agreement and regulations.
Nature of Requirement: Section
891.520 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 receive assistance under Section 8
of the United States Housing Act of
1937. Section 891.520 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: January 9, 2008.
Reason Waived: This property, which
consists of 130 units, has remained
inoperable since August 2005 when it
was affected by Hurricane Katrina. The
Fort Worth Multifamily Disposition
Center is processing a foreclosure due to
the default of the mortgage and for the
owner’s failure to comply with
provisions of the Regulatory Agreement
and HAP Contract. Within the City of
New Orleans, approximately 3,000 units
are designated for the elderly. As part of
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the foreclosure terms, previous tenants
would be offered the right of first refusal
to return to the property once it has
completed rehabilitation. Based on
market conditions, there was a concern
that many of the elderly tenants that
relocated as a result of Hurricane
Katrina had not returned to the market
area. Lowering the minimum age of
eligibility to occupy the property to age
55 would enhance economic feasibility
should there be an insufficient number
of potential residents over the age of 65
requiring affordable housing.
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.
III. Regulatory Waivers Granted by the
Office of Public and Indian 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 5.801.
Project Activity: Housing Authority of
the City of Danbury (CT020), Danbury,
CT.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted By: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 17, 2008.
Reason Waived: The HA requested a
waiver for the removal of the Late
Presumptive Failure (LPF) for the
audited Financial Assessment
Subsystem (FASS) Indicator for FYE
December 31, 2006. The HA stated that
due to a computer/server crash, the HA
did not receive the financial submission
rejection letter that resulted in the LPF.
The waiver granted the HA invalidation
of the LPF and resubmission of the
audited financial data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 4550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
the City of Gary, Indiana, (IN011), Gary,
IN.
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Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 17, 2008.
Reason Waived: The HA is a troubled
agency and is currently under the HUD
Recovery Administrator. The HA is
completing the process to ensure
compliance with the Generally
Accepted Accounting Principles
reporting requirements. The waiver
granted the HA additional time to
submit its audited financial data to the
REAC.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 4550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
Salt Lake City, (UT004), Salt Lake City,
UT.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 17, 2008.
Reason Waived: The HA requested a
waiver for the removal of the Late
Presumptive Failure (LPF) for the
audited Financial Assessment
Subsystem (FASS) Indicator for FYE
December 31, 2006. The HA submitted
the audited financial data, but it was
subsequently rejected by REAC. While
attempting to make changes and
corrections, the HA realized the LPF
had been issued. The waiver granted the
HA invalidation of the LPF and
resubmission of the audited financial
data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
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• Regulation: 24 CFR 5.801.
Project/Activity: North Iowa Regional
Housing Authority (IA127), Mason City,
IA.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 17, 2008.
Reason Waived: The HA’s audited
financial submission was rejected and
not submitted on time resulting in a
Late Presumptive Failure (LPF) score of
zero due to the unavailability of limited
staff involved in the process. The waiver
granted the HA invalidation of the LPF
and resubmission of the audited
financial data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Cambridge Economic
Development Authority, (MN067),
Cambridge, MN.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 18, 2008.
Reason Waived: The HA requested a
waiver for the removal of the Late
Presumptive Failure (LPF) score of zero
for the audited Financial Assessment
Subsystem (FASS) Indicator for FYE
December 31, 2006. The HA and the
auditor completed the first and second
step of the three step audit submission
process on October 12, 2007; however,
the auditor failed to notify the HA that
the process was completed and ready
for submission to the REAC. Due to the
miscommunication, the HA missed the
submission due date that resulted in the
LPF. The waiver granted the HA
invalidation of the LPF and the
resubmission of the audited financial
data.
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Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Alamosa Housing
Authority, (CO004), Alamosa, CO.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end, in accordance with the Single
Audit Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 1, 2008.
Reason Waived: The HA requested a
waiver of the audited financial reporting
requirements because it was in the
process of a fraud audit with the Office
of the Inspector General (OIG). The
Executive Director was placed on
administrative leave and additional time
was required to finalize the audit. The
waiver granted additional time to the
HA to submit its audited financial
information to REAC.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: City of Marietta
Housing Authority (OH077), Marietta,
OH.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 1, 2008.
Reason Waived: The HA, a Section 8
only entity, requested a waiver of the
audited financial reporting requirements
under the Section 8 Program for FYE
March 31, 2007. The Fiscal Officer
advised that the grantee city of
Marietta’s FYE is December 31, 2007,
while the FYE for the Housing Choice
Voucher Program Office is March 31,
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2007. The city is audited by the Ohio
State Auditor, while the non-profit
corporation that administers the
voucher program, is audited by a
different accounting firm. The HA was
granted a waiver because the
circumstances that prevented the HA
from submitting the audited financial
data were beyond the HA’s control.
Nevertheless, the HA has initiated steps
to change its FYE to coincide with the
city’s FYE.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
the City of Slidell, (LA103), Slidell, LA.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 1, 2008.
Reason Waived: The HA requested a
waiver of the audited financial reporting
requirements for the FYE ending March
31, 2007. The HA stated that it had not
received approval from the State of
Louisiana Legislative Office to enter into
an engagement with a Certified Public
Accounting firm in order to conduct the
audit. The waiver allowed the HA
additional time to submit its audited
financial data to REAC.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Peekskill Housing
Authority, (NY082), Peekskill, NY.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
no later than nine months after the
housing authority’s (HA) fiscal year end,
in accordance with the Single Audit Act
and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
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Date Granted: February 1, 2008.
Reason Waived: The HA was granted
a waiver because the New York Field
Office of HUD was conducting an
investigation of the HA that delayed the
completion of the audit. The
circumstances that prevented the HA
from submitting the audited financial
data were beyond the HA’s control. The
waiver granted additional time for the
HA to submit the audited financial data
to the REAC.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Detroit Housing
Commission, (MI001), Detroit, MI.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. Unaudited financial
statements are required to be submitted
two months after the housing authority’s
(HA) fiscal year end. Audited financial
statements are required no later than
nine months after the HA’s fiscal year
end in accordance with the Single Audit
Act and OMB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 29, 2008.
Reason Waived: The HA requested a
waiver for additional time to submit the
unaudited and audited financial data in
order to allow the contracted appraiser
to finish the real estate valuation of the
property transferred from the City of
Detroit to the HA. This allowed the
auditor to complete the financial
statement process to the Real Estate
Assessment Center (REAC). The waiver
granted the HA additional time to
submit unaudited and audited financial
data to the REAC.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Center, Office of Public and Indian
Housing, Department of Housing and
Development, 550 12th Street, SW.,
Suite 100, Washington, DC 20410–5000,
telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
the City of Westminster (MD027),
Westminster, MD.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
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Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 5, 2008.
Reason Waived: The HA requested a
waiver of the due date of March 31,
2008, for the resubmission of their
audited financial data for FYE June 30,
2007. The city engaged a firm to perform
the audit and submitted the signed
agreement. However, the agency
underwent an accounting system change
which precluded the generation of audit
evidence until six months after the FYE.
In addition, the Director of Finance
responsible for generating the audit
evidence was ill until early January
2008. The waiver granted the HA
additional time to submit audited
financial data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
Brevard County, (FL020), Merritt Island,
FL.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 19, 2008.
Reason Waived: The HA requested a
waiver for the removal of the Late
Presumptive Failure (LPF) score of zero
for the audited Financial Assessment
Subsystem (FASS) Indicator for FYE
March 31, 2007. The HA and the auditor
completed the first and second step of
the three-step audit submission process.
However, the auditor failed to notify the
HA that the process was completed and
ready for submission to the REAC. Due
to the miscommunication, the HA
missed the submission due date that
resulted in the LPF. The waiver granted
the HA invalidation of the LPF and the
resubmission of the audited financial
data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
PO 00000
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and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Kent County Housing
Commission (MI198), Grand Rapids, MI.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 24, 2008.
Reason Waived: The HA, a Section 8
only entity, requested a waiver of the
audited financial reporting requirements
under the Section 8 Program for FYE
June 30, 2007. The County of Kent FYE
is December 31, 2007, and the HA’s FYE
is June 30, 2007, which results in a
timing difference between the audit due
dates. The HA is in the process of
changing the FYE to correspond with
the FYE of the primary government. The
HA was granted a waiver because the
circumstances that prevented the HA
from submitting the audited financial
data were beyond the HA’s control.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Michigan State
Housing Development Authority,
(MI901), Lansing, MI.
Nature of Requirement: The
regulation establishes certain reporting
compliance dates. The audited financial
statements are required to be submitted
to the Real Estate Assessment Center
(REAC) no later than nine months after
the housing authority’s (HA) fiscal year
end (FYE), in accordance with the
Single Audit Act and OMB Circular A–
133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 24, 2008.
Reason Waived: The HA, a Section 8
only entity, requested a waiver of
audited financial submission for FYE
June 30, 2007. The HA implemented a
new integrated software program to
better manage resources. However, the
implementation of the new software fell
behind schedule resulting in late critical
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information to their accounting firm.
The waiver granted the HA additional
time to submit audited financial data.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 902.60(d) and
24 CFR 902.60(e).
Project/Activity: Housing Authority of
Knox County Housing Authority
(IL085).
Nature of Requirement: The
referenced regulations establish
requirements for annual certification of
management operations and resident
satisfaction surveys.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: January 15, 2008.
Reason Waived: The Housing
Authority of Knox County requested a
waiver to have more resources to
concentrate on organizational,
procedural and software changes to
convert to asset management. This
request is in accordance with 24 CFR
5.110. The HA was waived from the
requirements of 24 CFR 902.60(d), to
submit a management operations
certification, and 24 CFR 902.60(e), from
the resident satisfaction survey, for the
fiscal year ending September 30, 2007.
The Management Assessment
Subsystem (MASS) and Resident
Assessment Subsystem (RASS) scores
under the Public Housing Assessment
System from the previous reporting
period were carried over.
Contact: Greg Byrne, Director,
Financial Management Division, Real
Estate Assessment Center, Office of
Public and Indian Housing, Department
of Housing and Urban Development,
550 12th Street, SW., Suite 200,
Washington, DC 20410–5000, telephone
(202) 475–8632.
• Regulation: 24 CFR 902.60(d) and
24 CFR 902.60(e).
Project/Activity: Portage Metropolitan
Housing Authority (OH031), Ravenna,
OH.
Nature of Requirement: The
referenced regulations establish
requirements for annual certification of
management operations and resident
satisfaction surveys.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 5, 2008.
Reason Waived: The Portage
Metropolitan Housing Authority
requested a waiver to have more
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resources to concentrate on
organizational, procedural and software
changes to convert to asset management.
This request is in accordance with 24
CFR 5.110. The HA was waived from
the requirements of 24 CFR 902.60(d), to
submit a management operations
certification, and 24 CFR 902.60(e), from
the resident satisfaction survey, for the
fiscal year ending December 31, 2007.
The Management Assessment
Subsystem (MASS) and Resident
Assessment Subsystem (RASS) scores
under the Public Housing Assessment
System from the previous reporting
period were carried over.
Contact: Greg Byrne, Director,
Financial Management Division, Real
Estate Assessment Center, Office of
Public and Indian Housing, Department
of Housing and Urban Development,
550 12th Street, SW., Suite 200,
Washington, DC 20410–5000, telephone
(202) 475–8632.
• Regulation: 24 CFR
941.606(n)(1)(ii)(B).
Project/Activity: St. Louis Housing
Authority (SLHA), St. Louis, MO
Cochran Gardens II of the Cochran
Gardens HOPE VI (Housing Opportunity
for People Everywhere) program.
Nature of Requirement: The
regulation states ‘‘that if the partner
and/or owner entity (or any other entity
with an identity of interest with such
parties) wants to serve as the 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 bid submitted in
response to a public request for bids.’’
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 21, 2008.
Reason Waived: HUD waives this
regulation on the condition that an
independent, third party construction
cost estimate is submitted that
demonstrates that the proposed cost for
the development is reasonable and at or
below the independent estimate. The
contract costs were below the
independent estimate provided by
SLHA. In addition, the general
contractor committed to bid out all
construction work at the trade levels.
Contact: Dominique Blom, Deputy
Assistant Secretary for the Office of
Public Housing Investments, 451
Seventh Street, SW., Washington, DC
20140–5000, Room 4130, telephone
(202) 402–4181.
• Regulation: 24 CFR
941.606(n)(1)(ii)(B.)
Project/Activity: DeKalb County
Housing Authority (DCHA), DeKalb
County, GA, Ashford Landing Phase II.
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38089
Nature of Requirement: The
regulation states ‘‘that if the partner
and/or owner entity (or any other entity
with an identity of interest with such
parties) wants to serve as the 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 bid submitted in
response to a public request for bids.’’
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 18, 2008.
Reason Waived: HUD waives this
regulation on the condition that an
independent, third party construction
cost estimate is submitted that
demonstrates that the proposed cost for
the development is reasonable and at or
below the independent estimate. The
contract costs were below the
independent estimate provided by
DCHA. In addition, the general
contractor committed to bid out all
construction work at the trade levels.
Contact: Dominique Blom, Deputy
Assistant Secretary for the Office of
Public Housing Investments, Office of
Public and Indian Housing, Department
of Housing and Urban Development,
451 Seventh Street, SW., Washington,
DC 20140–5000, Room 4130, telephone
(202) 402–4181.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
the City of Los Angeles (HACLA), Los
Angeles, CA. The HACLA requested a
waiver regarding exception payment
standards so that it could provide a
reasonable accommodation to a person
with disabilities.
Nature of Requirement: Section
982.505(d) states that a public housing
agency may only approve a higher
payment standard for a family as a
reasonable accommodation if the higher
payment standard is within the basic
range of 90 to 110 percent of the fair
market rent (FMR) for the unit size.
Granted by: Orlando J. Cabrera,
Assistant Secretary for Public and
Indian Housing.
Date: January 4, 2008.
Reason Waived: The participant, who
is an elderly person with disabilities
and unable to move to another unit
without difficulty, was paying in excess
of 75 percent of her adjusted income
toward her share of the rent as a result
of a large rent increase. To provide a
reasonable accommodation so that this
participant would pay no more than 40
percent of adjusted income toward the
family share, the HACLA was allowed
to approve an exception payment
standard that exceeded the basic range
of 90 to 110 percent of the FMR.
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Contact: Danielle Bastarache,
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;
(202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
Snohomish County (HASC) Snohomish
County, WA.
Nature of Requirement: Section
982.505(d) of HUD’s regulations states
that a public housing agency may only
approve a higher payment standard for
a family as a reasonable accommodation
if the higher payment standard is within
the basic range of 90 to 110 percent of
the fair market rent (FMR) for the unit
size.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary.
Date Granted: January 29, 2008.
Reason Waived: HASC requested a
waiver regarding exception payment
standard to provide reasonable
accommodation to a person with
disabilities. The applicant, a person
with disabilities, owns a manufactured
home that meets her physical needs and
is accessible to her physician. To
provide a reasonable accommodation so
that this applicant paid no more than 40
percent of adjusted income toward the
family share, the HASC was allowed to
approve an exception payment standard
that exceeded the basic range of 90 to
110 percent of the FMR.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
the City of Los Angeles (HACLA), Los
Angeles, CA.
Nature of Requirement: Section
982.505(d) of HUD’s regulations states
that a public housing agency may only
approve a higher payment standard for
a family as a reasonable accommodation
if the higher payment standard is within
the basic range of 90 to 110 percent of
the fair market rent (FMR) for the unit
size.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: February 7, 2008.
Reason Waived: HACLA requested a
waiver regarding exception payment
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standards so to provide reasonable
accommodations to persons with
disabilities. The participants, who are
elderly with multiple disabilities and
unable to move to another unit without
difficulty, were paying in excess of 54
percent of their adjusted income toward
their share of the rent as a result of a
rent increase. To provide a reasonable
accommodation so that the household
paid no more than 40 percent of their
adjusted income toward the family
share, the HACLA was allowed to
approve an exception payment standard
that exceeded the basic range of 90 to
110 percent of the FMR.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Lafayette Housing
Authority (LHA), Lafayette, Indiana.
The LHA requested a waiver regarding
exception payment standards so that it
could provide a reasonable
accommodation to a person with
disabilities.
Nature of Requirement: Section
982.505(d) of HUD’s regulations states
that a public housing agency may only
approve a higher payment standard for
a family as a reasonable accommodation
if the higher payment standard is within
the basic range of 90 to 110 percent of
the fair market rent (FMR) for the unit
size.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 4, 2008.
Reason Waived: The participant is an
elderly person with disabilities who
owns a manufactured home. The health
care provider recommended that this
person remain in her unit due to severe
emphysema and related health issues.
To provide a reasonable accommodation
so that this participant would pay no
more than 40 percent of adjusted
income toward the family share, the
LHA was allowed to approve an
exception payment standard that
exceeded the basic range of 90 to 110
percent of the FMR.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
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• Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of
the City of Los Angeles (HACLA), Los
Angeles, CA. The HACLA requested a
waiver regarding exception payment
standards so that it could provide a
reasonable accommodation to a person
with disabilities.
Nature of Requirement: Section
982.505(d) states that a public housing
agency may only approve a higher
payment standard for a family as a
reasonable accommodation if the higher
payment standard is within the basic
range of 90 to 110 percent of the fair
market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 28, 2008.
Reason Waived: The participant, who
is an elderly person with disabilities
and unable to move to another unit
without difficulty, was paying in excess
of 84 percent of her adjusted income
toward her share of the rent as a result
of a large rent increase. To provide a
reasonable accommodation so that this
participant would pay no more than 40
percent of adjusted income toward the
family share, the HACLA was allowed
to approve an exception payment
standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Danielle Bastarache,
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(b)(1).
Project/Activity: Mississippi Regional
Housing Authority VI (MRHA VI),
Jackson, MS.
Nature of Requirement: Section
983.51(b)(1) of HUD’s regulations
requires a public housing agency (PHA)
to select project-based voucher (PBV)
proposals in accordance with selection
procedures under an administrative
plan. The regulations prohibit the
limiting of proposals to a single site and
the imposition of restrictions that
explicitly or practically preclude owner
submission of proposals for PBV
housing on different sites.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: March 19, 2008.
Reason Waived: MRHA VI requested
a waiver of competitive selection under
the PBV program so that it could attach
PBVs to PHA-owned units. The units
will be developed with available money
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under an approved 2007 Notice of Intent
and Fungibility Plan dated December
21, 2006. The waiver was granted
because attaching PBV to these units
ensured the maintenance of long-term
affordable housing in the relief and
recovery efforts in the wake of
Hurricane Katrina.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
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• Regulation: 24 CFR 983.55(b).
Project/Activity: Massachusetts
Department of Housing and Community
Development (MDHCD), MA.
Nature of Requirement: Section
983.55(b) of HUD’s regulations states
that the public housing agency (PHA)
may not enter into a Housing Assistance
Payments (HAP) contract until HUD, or
an independent entity approved by
HUD, has conducted any required
subsidy layering review and determined
that the project-based voucher (PBV)
assistance is in accordance with HUD
subsidy layering requirements.
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Granted by: Orlando J. Cabrera,
Assistant Secretary for Public and
Indian Housing.
Date Granted: January 4, 2008.
Reason Waived: MDHCD requested a
waiver of a PBV regulation in order to
execute an agreement to enter into a
HAP contract prior to the completion of
a subsidy layering review in order to
meet a closing and construction start
date for a project. The waiver was
granted for a pilot program that had
several funding sources. Access to
certain funds had a pending closing date
that required action prior to completion
of the subsidy layering review. Both the
owner and the PHA agreed to reduce
contract rents, if necessary, subsequent
to completion of the review.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Mississippi Regional
Housing Authority VIII (MRHA VIII),
MS
Nature of Requirement: Section
985.101(a) of HUD’s regulations requires
PO 00000
Frm 00021
Fmt 4701
Sfmt 4703
38091
a public housing agency to submit the
HUD-required Section 8 Management
Assessment Program (SEMAP)
certification form within 60 calendar
days after the end of its fiscal year.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Dated Granted: March 7, 2008.
Reason Waived: The MRHA VIIII
requested a waiver of SEMAP
certification requirements for its fiscal
year ending December 31, 2007. The
waiver was granted because of the slow
recovery rate of the rental housing
market after Hurricane Katrina. Eighty
percent of the rental market was still off
line due, in part, to lack of disbursement
of Mississippi’s Community
Development Block Grant funds for this
recovery purpose.
Contact: Danielle Bastarache,
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–
5000, telephone (202) 708–0477.
[FR Doc. E8–14805 Filed 7–1–08; 8:45 am]
BILLING CODE 4210–67–P
E:\FR\FM\02JYN3.SGM
02JYN3
Agencies
[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 38072-38091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14805]
[[Page 38071]]
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Part III
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the First Quarter of
Calendar Year 2008; Notice
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 /
Notices
[[Page 38072]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5217-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2008
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 January 1, 2008 and ending on March 31, 2008.
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 first quarter of calendar year 2008.
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). 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
January 1, 2008 through March 31, 2008. 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 58 would be listed before a
waiver of a provision in 24 CFR 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 first quarter of calendar
year 2008) before the next report is published (the second quarter of
calendar year 2008), HUD will include any additional waivers granted
for the first 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: June 24, 2008.
Robert M. Couch,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development January 1, 2008 Through
March 31, 2008
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 58.22(a) and 24 CFR 58.43(a).
Project/Activity: The Miller project consisted of the development
of 5.21 acres of land in Siletz, Oregon by the Confederated Tribes of
Siletz Indians (CTSI). The development includes a maximum of 30 homes
funded by approximately $5,897,890 of Indian Housing Block Grant funds
from fiscal years 2001-2007. The CTSI purchased properties without
conducting an environmental review and when a notice of a Finding of No
Significant Impact (FONSI) was not mailed to interested parties and
agencies.
Nature of Requirement: The first regulation, 24 CFR 58.22(a),
requires
[[Page 38073]]
that an environmental review be performed and a Request for Release of
Funds be completed and certified prior to the commitment of non-HUD
funds to a project using HUD funds. The second regulation, 24 CFR
58.43(a), requires that notice be issued when a responsible entity
makes a FONSI.
Granted by: Roy A. Bernardi, Deputy Secretary.
Date Granted: January 17, 2008.
Reason Waived: The waiver was granted based on the following
findings: the project furthered objectives of the Indian Housing Block
Grant Program; the errors made in the environmental process were made
in good faith and were not willful violations; and a site review and
environmental assessment concluded that the granting of a waiver would
not result in adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy, Office
of Community and Planning Development, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 7250, Washington, DC 20410-
7000, telephone (202) 708-2470.
Regulation: 24 CFR 58.22(a).
Project/Activity: The Heartland Hills project involved a $198,000
Economic Development Initiative Special Purpose grant for building
rehabilitation, street and driveway construction, water line
installation, and demolition preparation in Waverly, IA. The grant was
issued to the Iowa Heartland Habitat for Humanity and Bremer County,
IA, acted as Responsible Entity. Work was performed using non-HUD funds
prior to the performance of an environmental review.
Nature of Requirement: The regulation requires that an
environmental review be performed and a Request for Release of Funds be
completed and certified prior to the commitment of non-HUD funds to a
project using HUD funds.
Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 5, 2008.
Reason Waived: The waiver was granted based on the following
findings: the project furthered objectives of providing affordable
housing of low-income residents; the errors made in the environmental
process were made in good faith and were not willful violations; work
ceased when the violation was discovered; and a site review and
environmental assessment concluded that the granting of a waiver would
not result in adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy, Office
of Community Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 7250, Washington, DC 20410-
7000, telephone (202) 708-2470.
Regulation: 24 CFR 58.22(a).
Project/Activity: The Conrad Prebys Clubhouse and Youth Center was
a Boys & Girls Club project that included two Economic Development
Initiative Special Purpose grants in the amounts of $325,000 and
$459,000. The facility is located in Santee, CA, which also acted as
the Responsible Entity. Work was performed using non-HUD funds to
construct the project prior to the performance of an environmental
review.
Nature of Requirement: The regulation requires that an
environmental review be performed and a Request for Release of Funds be
completed and certified prior to the commitment of non-HUD funds to a
project using HUD funds.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 4, 2008.
Reason Waived: The waiver was granted based on the following
findings: the project furthered objectives of community development;
the errors made in the environmental process were made in good faith
and were not willful violations; and an environmental assessment
concluded that the granting of a waiver will not result in adverse
environmental impact.
Contact: Jerimiah Sanders, Office of Environment and Energy, Office
of Community and Planning Development, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 7250, Washington, DC 20410-
7000, telephone (202) 708-2470.
Regulations: 24 CFR 92.214(a)(1) and 24 CFR 92.214(a)(6).
Project/Activity: The State of Nebraska's Department of Economic
Development requested a waiver of the HOME Program regulations 24 CFR
92.214(a)(1) and 24 CFR 92.214(a)(6) for three troubled HOME rental
projects which were initially under-funded and underwritten to carry
unacceptably high debt in relation to potential net operating income.
The waiver permitted additional HOME funds to be provided and permitted
HOME funds to be used for operating reserves to ensure viability of
these projects. The additional HOME investment would be supplemented by
the Nebraska Housing Trust Funds and would permit the State to retain
82 at-risk units as affordable rental housing.
Nature of Requirement: The HOME regulations at 24 CFR 92.214(a)(6)
state that, except for the 12 months following project completion,
additional HOME assistance may not be provided to a previously-assisted
HOME project during the period of affordability. The HOME regulations
at 24 CFR 92.214(a)(1) prohibits the use of HOME funds to capitalize
project reserve accounts, except for initial operating deficit reserves
not to exceed 18 months, as permitted under 24 CFR 92.206(d)(5).
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 14, 2008.
Reason Waived: HUD examined the workout plan for these projects and
determined that it was desirable to facilitate continued operation of
these properties as HOME assisted affordable rental housing. The
additional HOME investment would stabilize the eight HOME units that
are in compliance for the remainder of their affordability period,
correct the previous noncompliance of thirty-one HOME units by
restarting their affordability periods, and add an additional forty-
three units which would carry HOME restrictions. These waivers
permitted the State to retain 82 at-risk units as affordable housing.
Contact: Virginia Sardone, Director, Policy and Programs Division,
Office of Affordable Housing Programs, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7158, Washington, DC 20410-7000, telephone (202) 402-
4808.
Regulations: 24 CFR 91.105(c); 24 CFR 92.203(a)(1) and (2)
(HOME regulations), and 24 CFR 92.610(c) (ADDI regulations); Section
212(c) of the HOME Investment Partnerships Act (the Act), and 24 CFR
92.207; Section 212(a)(3) of the Act, and 92.209(b), (c), (h), (i),
(j), and (k); 24 CFR 92.209(h)(3); 24 CFR 92.222(b); 24 CFR 92.251 and
24 CFR 92.612(b); 24 CFR 92.209(i) and 24 CFR 92.251(d); Section 225(d)
of the Act, and 24 CFR 92.253(d); Section 215(b)(1) of the Act, and 24
CFR 92.254(a)(2); Section 231 of the Act and 24 CFR 92.300(a)(1);
Section 271(c)(1) of the Act, and 24 CFR 92.602(a)(1); 24 CFR
92.353(e), and 24 CFR 42.375; 24 CFR 42.350(e)(1); 24 CFR
92.353(b)(2)(iii); Section 288 of the Act.
Project/Activity: The State of Oregon requested that HUD suspend
HOME statutory requirements and waive HOME regulations to facilitate
its recovery from the devastation caused by the Northwest December
Storm for Clatsop, Columbia, Lincoln, Polk, Tillamook, and Yamhill
counties. These
[[Page 38074]]
counties are located within a declared disaster area pursuant to Title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
Nature of Requirement: The requirements waived are as follows:
Sec. 91.105(c)--Citizen Participation Plan requirement to provide not
less than 30 days for citizen comment to changes to the Consolidated
Plan; Sec. 92.203(a)(1) and (2) (HOME), and Sec. 92.610(c) (ADDI)--
Source Documentation for Income Determinations; Section 212(c) (Act)
and 92.207--Limitation on Use of HOME funds for Administrative Costs;
Section 212(a)(3) (Act) and 92.209(b), (c), (h), (i), (j) and (k)--
Tenant-based Rental Assistance (TBRA): Eligible Costs and Requirements;
Sec. 92.209(h)(3)--Rent Standards for Tenant-based Rental Assistance
(TBRA); 92.222(b)--Reduction of matching contribution requirement;
Sec. 92.251 and 92.612(b)--Property Standards for Units Rehabilitated
with HOME and ADDI Assistance; Sec. 92.209(i) and Sec. 92.251(d)--
Property Standards for Tenant-based Rental Assistance (TBRA); Section
225(d) of the Act and Sec. 92.253(d)--Tenant and Participation
Protections; Section 215(b)(1) of the Act and Sec. 92.254(a)(2)--
Homeownership Housing Maximum Values/Sales Price Limitation; Section
231 (Act) and Sec. 92.300(a)(1)--Set-aside for Community Housing
Development Organizations (CHDO); Section 271(c)(1) of the Act and
Sec. 92.602(a)(1)--First-time Homebuyer Requirement for ADDI;
92.353(e) and 42.375--Section 104(d) One-for-One Replacement Housing;
Sec. 92.353(e) and 42.350(e)(1)--Replacement Housing Assistance;
92.353(b)(2)(iii)--Decent, Safe and Sanitary Standard; and, Section 288
of the Act--Environmental Review Requirements.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 4, 2008.
Reasons Waived: Due to the severity of the storm damage from the
Northwest December Storm, the Department determined there was good
cause to waive the above requirements.
Contact: Virginia Sardone, Director, Policy and Programs Division,
Office of Affordable Housing Programs, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7158, Washington, DC 20410-7000, telephone (202) 402-
4808.
Regulations: 24 CFR 92.203(a)(1) and (2) (HOME), and 24
CFR 92.610(c) (ADDI); Section 212(a)(3) of the Act, and 92.209(b), (c),
(h), (i), (j) and (k); 24 CFR 92.209(h)(3); 24 CFR 92.222(b); 24 CFR
92.251 and 24 CFR 92.612(b); 24 CFR 92.209(i) and 24 CFR 92.251(d);
Section 225(d) of the Act, and 24 CFR 92.253(d); and 24 CFR 92.353(d).
Project/Activity: The State of Washington requested that HUD
suspend statutory requirements and waive HOME regulations to facilitate
the recovery from the displacement of households and/or the damage to
homes caused by the severe storm and flooding occurring in December
2007 in the following counties: Clallam, Grays Harbor, King, Kitsap,
Lewis, Mason, Pacific, Snohomish, Thurston and Wahkiakum Counties.
These Counties are in a declared disaster area pursuant to Title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Nature of Requirement: The requirements are as follows: 24 CFR
92.203(a)(1) and (2) (HOME), and 24 CFR 92.610(c) (ADDI)--requiring
that initial income determinations for HOME and ADDI beneficiaries be
made using source documentation; Section 212(a)(3) of the Act, and
92.209(b), (c), (h), (i), (j) and (k) governing the HOME TBRA program;
24 CFR 92.209(h)(3)--requiring TBRA rent payments may not exceed the
difference between the rent standard and 30 percent of the families'
adjusted income; 24 CFR 92.222(b)--reducing the matching requirements;
24 CFR 92.251 and 24 CFR 92.612(b)--requiring housing assisted with
HOME or ADDI funds meet certain property standards; 24 CFR 92.209(i)
and 24 CFR 92.251(d)--providing that units occupied by recipients of
HOME TBRA meet the Housing Quality Standards (HQS); Section 225(d) of
the Act, and 24 CFR 92.253(d)--requiring written tenant selection
policies and procedures; and 24 CFR 92.353(d)--requiring a written
relocation policy.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: February 21, 2008.
Reason Waived: Pursuant to Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, President George W. Bush
declared a major disaster for Clallam, Grays Harbor, King, Kitsap,
Lewis, Mason, Pacific, Snohomish, Thurston and Wahkiakum Counties in
the State of Washington as a result of a severe storm and flooding
occurring in December 2007. Section 290 of the Cranston-Gonzalez
National Affordable Housing Act of 1990 (NAHA), as amended, authorizes
HUD to suspend certain HOME statutory and regulatory requirements for
HOME participating jurisdictions located within Presidential declared
disaster areas. It was determined that the waiver would facilitate the
continued recovery of these counties.
Contact: Virginia Sardone, Director, Policy and Programs Division,
Office of Affordable Housing Programs, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7158, Washington, DC 20410-7000, telephone (202) 402-
4808.
Regulations: 24 CFR 92.251(a)(1).
Project/Activity: Shelby County, Tennessee, requested a waiver to
facilitate its recovery from damage caused by severe storms, tornadoes,
straight-line winds, and flooding. The County was declared a major
disaster area pursuant to Title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
Nature of Requirement: Section 92.251(a)(1) of the HOME regulations
in 24 CFR part 92 requires that housing assisted with HOME funds meet
specific property and rehabilitation standards.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: March 27, 2008.
Reasons Waived: It was determined that the waiver would facilitate
the recovery of Shelby County from the damage caused by the severe
storms, tornados and flooding of March and April 2006. The waiver would
allow the County to make emergency repairs to storm-damaged, owner-
occupied units and return these units to habitability more quickly,
which would help the county to meet the critical housing needs of
families whose homes were damaged and increase the number of assisted
households.
Contact: Virginia Sardone, Director, Policy and Programs Division,
Office of Affordable Housing Programs, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7158, Washington, DC 20410-7000, telephone (202) 402-
4808.
Regulations: 24 CFR 91.115(b)(4) and 24 CFR 91.115(i).
Project/Activity: The State of Oregon requests a waiver of the
Community Development Block Grant (CDBG) regulation at 24 CFR
91.115(b)(4).
Nature of Requirement: Provisions of CDBG regulations at 24 CFR
91.115(b)(4) require that a minimum of thirty days be allowed for
public comments to the changes to the Method of Distribution (MOD);
while 24 CFR 91.115(i) requires the State to follow its citizen
participation plan.
[[Page 38075]]
Granted by: Nelson R. Breg[oacute]n, Assistant Secretary, Community
Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: A waiver of 91.115(b)(4), which provided reduced
public comment period from 30 days to 3 days, would allow the State to
implement the amendment to the 2008 MOD and annual action plan
expeditiously and enable the State to provide assistance to affected
units of general local government (UGLG) for disaster recovery in a
timely manner. A waiver of 24 CFR 91.115(i) was determined necessary to
permit the state to deviate from its citizen participation plan.
Contact: Diane Lobasso, Director, State and Small Cities Division,
Office of Block Grant Assistance, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7184, Washington, DC 20410-7000, telephone (202) 402-
2191.
Regulation: 24 CFR 570.489(a)(1)(i) and (iii), Statutes:
42 U.S.C. 5306(d)(3)(A), (d)(6), as revised and renumbered by Public
Law 108-199, Section 423 (and formerly codified as 42 U.S.C.
56306(d)(3)(A).
Project/Activity: The State of Oregon requested statutory
suspension of 42 U.S.C. 5306(d)(3)(A), (d)(5) and (d)(6), Section
105(d)(3)(A) of the Housing and Community Development Act (HCDA); and a
waiver of CDBG regulation at 24 CFR 570.489 (a)(1), (3).
Nature of Requirements: Provisions of CDBG statutes at 42 U.S.C.
5306(d)(3)(A)(d)(6) and the regulations at 24 CFR 570.489(a)(1)(i) and
(iii), establish the State CDBG administrative cap at 2% and match
requirements exceeding $100,000. Section 106(d) of the HCDA, allows
grantees to use up to 2% of their allocation on state administration,
1% for technical assistance, or 3% of a combination thereof, in
addition to $100,000 for administration without having to provide a
match.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary, Community Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: Due to the flood devastation, additional
administrative funds were determined needed to assist the State of
Oregon to recover from the disaster. By suspending the 2%
administration cap and allowing use of matching funds for other
purposes, the state would be able to administer its program and use
CDBG funds needed in communities affected by the flood. This waiver
would allow the State to provide additional administrative funds (from
2% to 4%) and remove the requirement that the State must match the
amount of administrative expenses in excess of $100,000 that are used
for disaster recovery activities. The State was not permitted to exceed
the overall planning, management and administrative cap of 20 percent
pursuant to 24 CFR 570.489(a)(3).
Contact: Diane Lobasso, Director, State and Small Cities Division,
Office of Block Grant Assistance, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7184, Washington, DC 20410-7000, telephone (202) 402-
2191.
Regulation: 24 CFR 570.486(a)(5).
Project/Activity: The State of Oregon requested a waiver of CDBG
regulation at 24 CFR 570.486(a)(5).
Nature of Requirement: Provisions of CDBG regulation at 24 CFR
570.486(a)(5) require each UGLG to provide for a minimum of two public
hearings at different stages of a CDBG-funded activity to ensure local
citizen participation.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary, Community Planning and Development.
Date Granted: February 01, 2008.
Reason Waived: Allowing the UGLG to conduct only one public hearing
would expedite application processing and the provision of CDBG funds
to the UGLG.
Contact: Diane Lobasso, Director, State and Small Cities Division,
Office of Block Grant Assistance, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7184, Washington, DC 20410-7000, telephone (202) 402-
2191.
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 219.220(b).
Project/Activity: Hickory Hollow Cooperative I, Wayne, Michigan--
FHA Project Number 044-55190. The owner is requesting waiver of the
regulations that require repayment of the flexible subsidy loan and
approval of a 30-year amortization of the flexible subsidy loan at a 1
percent interest rate.
Nature of Requirement: Section 219.220(b) 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: March 11, 2008.
Reason Waived: The project has maintained affordability under the
Section 221(d)(3) BMIR program and consistently received REAC scores
above 60 since 2001. The project requires renovations to continue as a
well-maintained source of affordable housing. By allowing waiver of
this regulation, the project would remain as a cooperative. The owner
would be allowed to prepay the existing mortgage, obtain financing to
perform rehabilitation of the property, allow the amortization of the
flexible subsidy loans with the new mortgage, and provide sufficient
funds for the property's needed capital improvements.
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 219.220(b).
Project/Activity: Hickory Hollow Cooperative II, Wayne, Michigan--
FHA Project Number 044-44151. The owner is requesting waiver of the
regulations that require repayment of the flexible subsidy loan and
approval of a 30-year amortization of the flexible subsidy loan at a 1
percent interest rate.
Nature of Requirement: Section 219.220(b) 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: March 11, 2008.
Reason Waived: The project has maintained affordability under the
Section 221(d)(3) BMIR program and
[[Page 38076]]
consistently received REAC scores above 60 since 2001. The project
requires renovations to continue as a well-maintained source of
affordable housing. By allowing waiver of this regulation, the project
would remain as a cooperative, the owner would be allowed to prepay the
existing mortgage, obtain financing to perform rehabilitation of the
property, allow the amortization of the flexible subsidy loans with the
new mortgage, and provide sufficient funds for the property's needed
capital improvements.
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: Remeeder Houses, Brooklyn, New York--FHA Project
Number 012-44023. The owner has proposed to waive required submission
of HUD-Form 93014, Monthly Report of Excess Income, in support of the
sale and litigation of the property.
Nature of Requirement: Section 236.60(e) 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: January 18, 2008.
Reason Waived: The proposed sale and redevelopment of the project
that includes tax-exempt bonds with low-income housing tax credits
would restore the project to a decent, safe and sanitary condition for
all tenants. The sale would assure that all HUD debt is paid, the
mortgage is no longer HUD-Held and the project would remain an
affordable housing resource for an additional 30 years through the
execution of the Use Agreement as part of the Section 236 decoupling
transaction.
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 290.30(a)
Project/Activity: Oakwood Gardens, Mount Vernon, New York--FHA
Project Numbers: 012-57139V and 012-57139W. The owner has requested
prepayment approval of their two HUD-Held mortgages. In addition, they
are requesting the Department to assign the mortgages to the purchasing
entity's new mortgagee, for mortgage recording tax savings in the State
of New York.
Nature of Requirement: HUD's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR Part 290, subpart B, Section
290.30(a) of those regulations state that ``[e]xcept as otherwise
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily
mortgages on a competitive basis.'' Section 290.31(a)(2) permits
``negotiated'' sales to state or local governments for mortgage loans
that are current and secured by subsidized projects, provided such
loans are sold with FHA insurance.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 8, 2008.
Reason Waived: Waiver of the regulations covering the sale of HUD-
Held mortgages to allow the non-competitive sale of the HUD-Held
mortgages securing the project with FHA insurance has been approved.
Good cause having been shown it is in the public interest, and
consistent with the Secretary's objectives to waive the appropriate
regulations in order to permit the non-competitive sale to Intervest
National Bank. HUD will be paid in full for all three current mortgage
loans at closing of this transaction.
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, extension 2598.
Regulation: 24 CFR 891.100(d).
Project/Activity: Baptist Retirement Village II, Gadsden, AL,
Project Number: 062 EE080/AL09-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: January 8, 2008.
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, 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 closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 13, 2008.
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: AASC Housing II, Anchorage, AK, Project Number:
176-HD027/AK06-Q051-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 13, 2008.
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: San Clemente Villas, Plant City, FL, Project
Number: 067-EE143/FL29-S061-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
[[Page 38077]]
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 16, 2008.
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: Rolling Meadows Senior Living, Taylorville, IL,
Project Number: 072-EE167/IL06-S061-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 20, 2008.
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: St. Bernadette Manor II, Opelousas, LA, Project
Number: 064-EE029/LA48-S061-009.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 20, 2008.
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: Warren-Yazoo Mental Health Services, Vicksburg,
MS, Project Number: 065-HD037/MS26-Q051-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Kiamichi Place Senior Housing, Antlers, OK,
Project Number: 118-EE045/OK56-S061-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Harvard Supportive Housing Development, Harvard,
IL, Project Number: 071-HD154/IL06-Q061-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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., Room 6134, Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Apostles Village, Brandon, FL, Project Number:
067-EE137/FL29-S051-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: January 23, 2008.
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: Rosewood Apartments, Erie, PA, Project Number:
033-HD101/PA28-Q061-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: February 29, 2008.
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: Wilson Court II, Little Rock, AR, Project Number:
082-HD096/AR37-Q061-006.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
[[Page 38078]]
Date Granted: March 5, 2008.
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: Candice Home, Crete, IL, Project Number: 071-
HD153/IL06-Q051-007.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 5, 2008.
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: Harvard Supportive Housing Development, Harvard,
IL, Project Number: 071-HD154/IL06-Q061-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 5, 2008.
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.
Regulations: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Senior Living at Prouty, Spencer, MA, Project
Number: 023-EE183/MA06-S051-000.
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: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 7, 2008.
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.
The sponsor/owner required additional time to prepare for 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 891.100(d).
Project/Activity: Bristol Place Apartments, Bryant, AR, Project
Number: 082-EE170/AR37-S051-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 13, 2008.
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: Odenton Senior Housing II, Odenton, MD, Project
Number: 052-EE056/MD06-S061-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 19, 2008.
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., Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Village of Hope, Columbia, TN, Project Number:
086-HD038/TN43-Q061-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: March 21, 2008.
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 891.165.
Project/Activity: TELACU La Esperanza, Pomona, CA, Project Number:
122-EE199/CA16-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: January 10, 2008.
Reason Waived: The sponsor/owner needed additional time to obtain
approval of the project's design from the city and 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: Project Beginnings I, Akron & Lakemore Village,
Akron, OH,
[[Page 38079]]
Project Number: 042-HD129/OH12-Q051-002.
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: January 13, 2008.
Reason Waived: The sponsor/owner needed additional time for 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: D Street Senior Housing, Ontario, CA, Project
Number: 143-EE060/CA43-S051-002.
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: January 16, 2008.
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: Morning Star Senior Residences, Rock Island, IL,
Project Number: 071-EE216/IL06-S051-011.
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: January 16, 2008.
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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Southern Breeze, Eunice, LA, Project Number: 064-
EE199/LA48-S051-015.
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: January 22, 2008.
Reason Waived: The sponsor/owner needed additional time for the
firm commitment application to be resubmitted 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hughes Homes, Catonsville, MD, Project Number:
052-HD070/MD06-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: January 22, 2008.
Reason Waived: The sponsor/owner needed additional time to resolve
architectural plans and specification issues 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Mulberry Apartments, Wayne, WV, Project Number:
045-HD041/WV15-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: January 23, 2008.
Reason Waived: The sponsor/owner needed additional time to secure
additional funding 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Academy Place, Gowanda, NY, Project Number: 014-
EE253/NY06-S051-009.
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: January 23, 2008.
Reason Waived: Additional time was needed 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: Ictineo Apartments, Hartford, CT, Project Number:
017-HD036/CT26-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: January 23, 2008.
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, Department of Housing and Urban Development,
451 Seventh
[[Page 38080]]
Street, SW., Room 6134, Washington, DC 20410-8000, telephone (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Vista California Supportive Housing, Vista, CA,
Project Number: 129-HD030/CA33-QO41-001.
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: January 23, 2008.
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: West Bergen ILP 2005, Ridgewood, NJ, Project
Number: 031-HD145/NJ39-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: January 23, 2008.
Reason Waived: The sponsor/owner needed additional time to resolve
design issues required by the Ridgewood Township Planning Board 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: OMHS Housing 2005, Barnegat, NJ, Project Number:
035-HD062/NJ39-Q051-005.
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: January 23, 2008.
Reason Waived: The sponsor/owner needed additional time to obtain a
new contractor 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: AASC Housing II, Anchorage, AK, Project Number:
176-HD027/AK06-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: January 25, 2008.
Reason Waived: The sponsor/owner needed additional time to locate a
new site, to submit the firm commitment application, 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Apostles Village, Brandon, FL, Project Number:
067-EE137/FL29-S051-005.
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: February 1, 2008.
Reason Waived: The sponsor/owner needed additional time to resolve
issues concerning restrictive zoning, off-site drainage requirements
and construction costs.
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: Grayson Bay Housing Corporation, Marshfield, WI,
Project Number: 075-HD090/WI39-Q051-002.
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: February 6, 2008.
Reason Waived: The sponsor/owner needed additional time to resolve
site issues 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., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Project Beginning II, Cleveland, OH, Project
Number: 042-HD130/OH12-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: February 13, 2008.
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: Arbor Court, Fresno, CA, Project Number: 121-
HD083/CA39-Q041-003.
Nature of Requirement: Section 891.165 provides that the d