Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2008, 54902-54919 [E8-22141]
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54902
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 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–02]
covering the period since the most
recent previous notification) shall:
Notice of Regulatory Waiver Requests
a. Identify the project, activity, or
Granted for the Second 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 April 1,
issued on April 22, 1991 (56 FR 16337).
2008 and ending on June 30, 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 Camille E. Acevedo, Associate
regulations are granted by the Assistant
General Counsel for Legislation and
Secretary with jurisdiction over the
Regulations, Department of Housing and regulations for which a waiver was
Urban Development, 451 Seventh Street, requested. In those cases in which a
SW., Room 10282, Washington, DC
General Deputy Assistant Secretary
20410–0500, telephone 202–708–1793
granted the waiver, the General Deputy
(this is not a toll-free number). Persons
Assistant Secretary was serving in the
with hearing- or speech-impairments
absence of the Assistant Secretary in
may 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 April
particular waiver that was granted and
1, 2008 through June 30, 2008. For ease
for which public notice is provided in
of reference, the waivers granted by
this document, contact the person
HUD are listed by HUD program office
whose name and address follow the
(for example, the Office of Community
description of the waiver granted in the
Planning and Development, the Office
accompanying list of waivers that have
of Fair Housing and Equal Opportunity,
been granted in the second quarter of
the Office of Housing, and the Office of
calendar year 2008.
Public and Indian Housing, etc.). Within
each program office grouping, the
SUPPLEMENTARY INFORMATION: Section
waivers are listed sequentially by the
106 of the HUD Reform Act added a
regulatory section of title 24 of the Code
new section 7(q) to the Department of
of Federal Regulations (CFR) that is
Housing and Urban Development Act
being waived. For example, a waiver of
(42 U.S.C. 3535(q)), which provides
a provision in 24 CFR part 58 would be
that:
1. Any waiver of a regulation must be listed before a waiver of a provision in
in writing and must specify the grounds 24 CFR part 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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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 second quarter of calendar year
2008) before the next report is published
(the third quarter of calendar year 2008),
HUD will include any additional
waivers granted for the second 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: September 15, 2008.
Robert M. Couch,
General Counsel.
Appendix—Listing of Waivers of
Regulatory Requirements Granted by
Offices of the Department of Housing
and Urban Development April 1, 2008
Through June 30, 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).
Project/Activity: The Lakeview
Family Apartments project is a
multifamily farm labor housing project
in Roberts, Idaho. The project consists
of 23 units of multifamily housing and
a community building for classes,
training, recreation, and a computer lab
for residents. Idaho Housing Finance
Association requested a waiver to allow
the use of $1,057,490 in HOME
Investment Partnership (HOME)
Program funds. Property was acquired
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
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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: May 28, 2008.
Reason Waived: The waiver was
granted based on the following findings:
The project furthered the objective of
providing community development and
affordable housing; the errors made in
the environmental process for the
commitment of non-HUD funds were
made in good faith; and an
environmental assessment concluded
that the granting of the waiver will not
result in any 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) 402–4442.
• Regulations: 24 CFR 92.300(a)(1).
Project/Activity: The City of Spokane,
Washington, requested a waiver to allow
it to provide a HOME community
housing development organization
(CHDO) set-aside funds to a limited
liability company (LLC) that has a
qualified CHDO as its sole managing
partner in order to purchase and
renovate affordable rental housing in
downtown Spokane.
Nature of Requirement: The HOME
regulation at 24 CFR 92.300(a)(1)
permits a participating jurisdiction to
award CHDO set-aside funds to limited
partnerships that include a qualified
CHDO as the managing partner. LLCs
are not an allowable form of CHDO
project ownership in the HOME
Regulation.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: April 28, 2008.
Reasons Waived: Spokane Housing
Ventures (SHV) is a local nonprofit
organization that is designated as a
CHDO by the City of Spokane. SHV
plans to purchase and renovate the Bel
Franklin Apartments in downtown
Spokane, and the financing is to include
HOME CHDO set-aside funds and LowIncome Housing Tax Credits (LIHTC).
To facilitate the LIHTC financing, SHV
formed the Bel Franklin Apartments
LLC (LLC). SHV is the sole member of
the LLC with 100 percent ownership of
the project. The City sought to provide
HOME CHDO set-aside funds to the
LLC. LLCs are not an allowable form of
CHDO project ownership in the HOME
regulations. The City, the CHDO and the
LLC have agreed that SHV would be the
sole managing member of the Bel
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Franklin Apartments LLC when the tax
credit investors are brought into the
transaction and have effective project
control over its operation. Ownership
would revert to SHV at the end of the
15-year tax compliance period. SHV is
to serve as the project developer and
property manager. Both SHV and the
LLC will be bound by the provisions of
the HOME regulations and the
partnership operating agreement.
Contact: Virginia Sardone, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7154, Washington, DC 20410,
telephone (202) 708–2470.
• Regulations: 24 CFR
92.500(d)(1)(C).
Project/Activity: The City of
Alexandria, Louisiana, requested a
waiver of its fiscal year (FY) 2003
expenditure deadline to facilitate its
continued recovery from the devastation
caused by Hurricanes Katrina and Rita.
The City is located within a declared
disaster area pursuant to Title IV of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Nature of Requirement: 24 CFR
92.500(d)(1)(C) requires that a PJ expend
its annual allocation of HOME funds
within five years after HUD notifies the
PJ that HUD has executed the
jurisdiction’s HOME Investment
Partnership Agreement.
´
Granted by: Nelson R. Bregon, General
Deputy Assistant Secretary for
Community Planning and Development.
Date Granted: July 1, 2008.
Reasons Waived: It was determined
that the waiver would facilitate the
continued recovery of the City of
Alexandria from the devastation caused
by Hurricane Katrina and Hurricane
Rita. The waiver ensures that needed
HOME funds are not de-obligated and
are available to pay for costs incurred
for projects to which HOME funds have
already been committed.
Contact: Virginia Sardone, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 7154, Washington, DC 20410–
7000, telephone (202) 708–2470.
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 203.37a(b)(2).
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Project/Activity: FHA-insured
properties in certain areas that have
been foreclosed.
Nature of Requirement: The
regulations at 24 CFR 203.37a(b)(2)
require a 90-day waiting period for resales of properties to be eligible for
FHA-insured mortgage financing with
certain categorical exceptions. This
waiver requested pertains to existing
exemptions of those properties
foreclosed on by mortgagees, their
subsidiaries, as well as vendors hired by
exempt entities to sell their real estate
owned.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: June 9, 2008.
Reason Waived: It was determined
that waiving the regulations would
allow properties acquired by foreclosure
by FHA-approved mortgagees to become
eligible for FHA-insured financing
during the 90-day period. The waiver
reduces holding costs to mortgage
lenders and lessens the likelihood of
property value deterioration to
adjoining and near-by properties as well
as to the properties acquired by
foreclosure.
Contact: James Beavers, Deputy
Director, Office of Single Family
Program Development, Office of
Housing, Department of Housing and
Urban Development, 451 Seventh St.,
SW., Room 9166, Washington, DC
20410–8000, telephone (202) 708–2121.
• Regulation: 24 CFR 203.41(b).
Project/Activity: Chequamegon
Village, Bozeman, Montana, being
purchased by two member family.
Nature of Requirement: Section
203.41(b) of the FHA regulations in 24
CFR part 203 provides that the mortgage
shall not be eligible for insurance if the
mortgaged property is subject to legal
restrictions on conveyance (except as
otherwise permitted under the
regulations). Properties at Chequamegon
Village contain legal restrictions
limiting ownership to occupant
mortgagors, covenants that would
remain in force even if FHA acquired
the property as the result of a
foreclosure. This deed restriction could
limit the potential pool of possible
buyers and/or reduce the proceeds of
sale should FHA need to sell the
property.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: May 21, 2008.
Reason Waived: The mortgage loan
proposed for the family would be in an
amount that represents approximately
62% loan to value ratio. Because of the
large amount of equity in the property
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(38%), it is unlikely that FHA would
incur a claim for benefits and if it did,
it is unlikely FHA would suffer a loss.
The waiver was determined necessary
so that the family could obtain a
Montana Board of Housing Disabled
Accessible Affordable Mortgage at
2.75% financing.
Contact: James Beavers, Deputy
Director, Office of Single Family
Program Development, Office of
Housing, Department of Housing and
Urban Development, 451 Seventh St.,
SW., Room 9166, Washington, DC
20410–8000, telephone (202) 708–2121.
• Regulation: 24 CFR 236.725(e)(2).
Project/Activity: Brookdale Village,
Far Rockaway Queens, New York—FHA
Project Number 012–119NI/012–11023.
A request was made for continuation of
Rental Assistance Payments (RAP) after
the payoff of the original non-insured
Section 236 mortgage under a Section
236(e)(2) Decoupling transaction.
Nature of Requirement: Section
236.725 of the FHA regulations in 24
CFR part 236 relates to rental assistance
contracts, limiting such contracts to the
term of the mortgage or 40 years from
the date of the first payment made
under the contract, whichever is the
lesser.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: June 20, 2008.
Reason Waived: This waiver was
granted because it was determined that
the project would be maintained as an
affordable housing resource to the
maturity date of the non-insured Section
236 mortgage plus an additional five
years, through the execution and
recording of a Decoupling Use
Agreement. This waiver was predicated
on the fact that the Decoupling proposal
would not request an increase in the
Section 236 units, and therefore the
rental assistance payment (RAP) subsidy
would not increase as a result. Future
RAP increases would be based on
budget driven project operating cost
increases that would not include any
new debt service costs attributable to
the decoupling transaction. The waiver
was also based on the fact that the
project owner enter into a Decoupling
Use Restriction Agreement prescribed
by the Section 236(e)(2) Decoupling
program.
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 290.30(a).
Project/Activity: 1775 Houses, New
York, New York—FHA Project Numbers
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012–57005P and 012–57005T, and AK
Houses, New York, New York—FHA
Project Numbers 012–57082P and 012–
57082T. The owners requested
prepayment approval of their two
respective HUD-Held mortgages. In
addition, the owners requested HUD 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: June 13, 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. Good
cause was shown that it is in the public
interest and consistent with HUD’s
objectives to waive the appropriate
regulations in order to permit the
noncompetitive sale to Prudential
Affordable Mortgage Company.
Prudential Affordable Mortgage
Company will pay HUD in full for all
loan balances.
Contact: Beverly J. Miller, Director,
Office of Asset Management, Office of
Housing, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Washington, DC 20410–7000,
telephone (202) 708–3730, extension
2598.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Montachusett Ayer
Senior Housing, Boston, MA, Project
Number: 023–EE209.
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: April 10, 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, 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: Liberty Place
Apartments, Erie County, PA, Project
Number: 033–HD100.
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: April 17, 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: Bay Minette VOA
Housing, Inc., Birmingham, AL, Project
Number: 062–HD061.
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: April 18, 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: Dauphin County
VOA Living Center, Philadelphia, PA,
Project Number: 034–HD087.
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: April 18, 2008.
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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: Disciples Village II,
Odessa, Fort Worth, TX, Project
Number: 113–EE059.
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: April 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: Osmundsen Court,
Little Rock, AR, Project Number: 082–
HD091/AR37Q061001.
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: April 25, 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: Russellville Senior
Housing, Russellville, KY, Project
Number: 083–EE102–NP–WAH/KY36–
S061–004.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
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amount of the approved capital advance
funds prior to closing.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: April 25, 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: Sayre Christian
Village Apartments II, Lexington, KY,
Project Number: 083–EE101–NP–WAH/
KY36–S061–003.
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: April 25, 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: La Casa De Ampi,
San Juan, PR, Project Number: 056–
HD027.
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: May 6, 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.
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• Regulation: 24 CFR 891.100(d).
Project/Activity: Bentley Woods,
Columbus, OH, Project Number: 046–
EE088.
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: May 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.
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: Pecan Grove
Apartments, Little Rock, AR, Project
Number: 082–HD095.
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: May 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.
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.
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: May 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
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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 891.100(d).
Project/Activity: SCARC Residential
Expansion Project, Newark, NJ, Project
Number: 031–HD151.
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: May 14, 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: The Maples
Apartments, Kansas City, KS, Project
Number: 084–HD055.
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: May 14, 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: Prospect Manor,
Nashville, TN, Project Number: 086–
HD037.
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: May 20, 2008.
Reason Waived: The project is
economically designed and comparable
VerDate Aug<31>2005
16:55 Sep 22, 2008
Jkt 214001
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: Village of Hope,
Nashville, TN, Project Number: 086–
HD038.
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: May 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: Disciples Village II,
Odessa, TX, Project Number: 113–
EE059/TX16S061006.
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: May 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 891.100(d).
Project/Activity: NewLife Home 6,
Albuquerque, NM, Project Number:
116–HD032/NM16Q071001.
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: May 22, 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.
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: May 28, 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: Southern Hills
Senior Residences, Wichita, KS, Project
Number: 102–EE029.
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: May 28, 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: TCOA Elderly
Housing, Fort Worth, TX, Project
Number: 064–EE205.
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: June 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: Dauphin County
VOA Living Center, Harrisburg, PA,
Project Number: 034–HD087.
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: June 12, 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: Benedictine Manor
II, Jonesboro, AR, Project Number: 082–
EE176.
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: June 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
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Jkt 214001
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: Peachtree III,
Columbus, OH, Project Number: 042–
HD137.
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: June 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
77Administration, 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: Living Solutions II,
Mora, MN, Project Number: 092–EE123.
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: June 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: Benedictine Manor I,
Little Rock, AR, Project Number: 082–
EE175.
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: June 13, 2008.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area,
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and the sponsor/owner exhausted all
efforts to obtain additional funding from
other sources.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, 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: Eaton Place,
Franklin, MA, Project Number: 023–
EE198.
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: June 18, 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: Robin’s Terrace,
Columbus, OH, Project Number: 042–
EE201.
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: June 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 891.120(c).
Project/Activity: Red Lake Homeless
Shelter, Minneapolis, MN, Project
Number: 092–HD069/MN46Q061002.
Nature of Requirement: Section
891.120(c) the use of HUD funding to
cover the cost of acquisition and/or
related operating expenses for excess
amenities.
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Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: May 9, 2008.
Reason Waived: The regulation was
waived because the project consists of
scattered sites that are located in areas
not easily accessible to laundry facilities
and weather conditions in Northern
Minnesota can be extremely severe
during the winter months.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 6134, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.130(a).
Project/Activity: Mohr Place II,
Kansas City, KS, Project Number: 102–
EE028.
Nature of Requirement: Section
891.130(a) permits the sponsor to sell
the site for the subject project to the
owner.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: April 8, 2008.
Reason Waived: HUD no longer
considers a relationship involving a
land sale transaction between the
sponsor and its affiliated owner to be a
prohibited relationship. The regulations
are to be revised reflect this as a
permissible relationship.
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: Deer Creek Manor,
Chicago, IL, Project Number: 072–
EE161.
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: April 2, 2008.
Reason Waived: The project
experienced delays while the sponsor/
owner located a contractor. Additional
time was needed for the firm
commitment to be processed and 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,
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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: Candice Homes,
Chicago, IL, Project Number: 071–
HD153.
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: April 2, 2008.
Reason Waived: The project
experienced delays while the sponsor/
owner located a new site. Additional
time was needed for the firm
commitment to be processed and 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 891.165.
Project/Activity: Clovernook Housing,
Columbus, OH, Project Number: 046–
HD033.
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: April 3, 2008.
Reason Waived: 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 891.165.
Project/Activity: Aliff Place,
Charleston, WV, Project Number: 045–
HD040.
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: April 11, 2008.
Reason Waived: Additional time was
needed for the submittal and review of
the closing documents and 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 891.165.
Project/Activity: Vesta Severn,
Baltimore, MD, Project Number: 052–
HD069.
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: April 17, 2008.
Reason Waived: 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 891.165.
Project/Activity: Casa Grande Senior
Housing, San Francisco, CA, Project
Number: 121–EE196.
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: April 23, 2008.
Reason Waived: Additional time was
needed for this mixed finance project to
complete the cost certification process,
meet tax limited partner requirements,
and 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.
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• Regulation: 24 CFR 891.165.
Project/Activity: Peachtree III,
Cuyahoga Falls, OH, Project Number:
042–HD137.
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: April 25, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and additional time was
needed for the firm commitment to be
issued.
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: Robins Terrace,
Columbus, OH, Project Number: 042–
EE201.
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: April 25, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and additional time was
needed for the firm commitment
application to be processed and issued.
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: Dauphin County
VOA Living Center, Dauphin County,
PA, Project Number: 034–HD087–CMI/
PA26–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.
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Jkt 214001
Date Granted: May 1, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and additional time was
needed for the sponsor/owner to secure
secondary 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: Garrett House,
Wilmington, DE, Project Number: 032–
HD036–WPD/DE26–Q061–002.
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: May 5, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and additional time was
needed for the firm commitment
application to be processed.
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: Haven Peniel Senior
Citizens Residence, Philadelphia, PA,
Project Number: 034–EE151/PA26–
S061–003.
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: May 5, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and to resolve site
contamination issues.
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: The Village of St.
Martha’s, Detroit, MI, Project Number:
044–EE104.
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: May 8, 2008.
Reason Waived: The project is
economically designed and comparable
in cost to similar projects in the area.
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 891.165.
Project/Activity: Ken-Crest PA 2006,
Philadelphia, PA, Project Number: 034–
HD093–PDD/P26–Q061–001.
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: May 9, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and to resolve zoning
issues.
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: Bank Street
Apartments, Providence, RI, Project
Number: 016–HD049.
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: May 9, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
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initial closing, and to resolve litigation
issues with the Town Council.
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: Woodside Village
Apartments, Cleveland, OH, Project
Number: 042–HD112.
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: May 14, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and to resubmit the
design change to the local plan board for
approval and to resubmit the firm
commitment.
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 891.165.
Project/Activity: The Meadows,
Providence, RI, Project Number: 016–
EE046.
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: May 14, 2008.
Reason Waived: The mixed-finance
project needs additional time to
close.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: TBD, Warwick, RI,
Project Number: 016–EE059.
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
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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: May 14, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and to finalize the plans
and specifications based on the new
site.
Contact: Willie Spearmon, Director,
Office of Housing Assistance and Grant
Administration, Office of Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410–8000, telephone
(202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Project Beginnings I,
Akron & Lamemore Village, Cleveland,
OH, Project Number: 042–HD129.
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: June 6, 2008.
Reason Waived: 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 891.165.
Project/Activity: Black Diamond Hope
House, Philadelphia, PA, Project
Number: 032–HD033.
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: June 18, 2008.
Reason Waived: The sponsor/owner
required additional time to prepare for
initial closing, and additional time was
needed to review initial closing
documents.
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.
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• Regulation: 24 CFR 891.100(d) & 24
CFR 891.165
Project/Activity: Webb Avenue Senior
Housing, New York, NY, Project
Number: 012–EE335.
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: April 8, 2008
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. 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) & 24
CFR 891.165.
Project/Activity: Moffat Gardens
Senior Housing, New York, NY, Project
Number: 012–EE333.
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: April 22, 2008.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. 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.
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• Regulation: 24 CFR 891.100(d) & 24
CFR 891.165.
Project/Activity: Miller Road Group
Home, Boston, MA, Project Number:
023–HD179.
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: May 15, 2008.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. 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) & 24
CFR 891.165.
Project/Activity: Webster Street
Residence, Boston, MA
Project Number: 023–HD200/
MA06Q031008.
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: June 18, 2008.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. 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.
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• Regulation: 24 CFR 891.100(d) & 24
CFR 891.165.
Project/Activity: Epworth Manor II,
Richmond, VA, Project Number: 051–
EE104.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to 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: June 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. 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) & 24
CFR 891.165.
Project/Activity: Emerson Manor II,
Boston, MA, Project Number: 023–
EE170.
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: June 20, 2008.
Reason Waived: The project is
economically designed and comparable
to similar projects in the area, and the
sponsor/owner exhausted all efforts to
obtain additional funding from other
sources. 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.
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• Regulation: 24 CFR 891.100(d) & 24
CFR 891.165.
Project/Activity: AP’s Apartments,
Exmore,VA, Project Number: 051–
HD134.
Nature of Requirement: Section
891.100(d) prohibits amendment of the
amount of the approved capital advance
funds prior to 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: June 25, 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 891.205.
Project/Activity: AHEPA
Bloomington, Bloomington, MN, Project
Number: 092–EE127.
Nature of Requirement: Section
891.205 requires Section 202 and
Section 811 project owners to have tax
exemption status under section
501(c)(3) or (c)(4) of the Internal
Revenue Code (IRC).
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: May 8, 2008.
Reason Waived: The sponsor/owner
had requested the section 501(c)(3) IRC
tax exemption but had not received it in
time for the 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 891.205.
Project/Activity: Robbins Way Senior
Housing, Robbinsdale, MN, Project
Number: 092–EE129.
Nature of Requirement: Section
891.205 requires Section 202 and
Section 811 project owners to have tax
exemption status under section
501(c)(3) or (c)(4) of the IRC.
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Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: June 10, 2008.
Reason Waived: The sponsor/owner
had requested the section 501(c)(3) IRC
tax exemption but had not received it in
time for the 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 891.410(c).
Project/Activity: Parker Heights
Apartments, Parker City Borough,
Pennsylvania, FHA Project Number
033–EE019. The owner/managing agent
requested an extension of the very lowincome restriction and elderly
restriction waiver in order to permit
admission of low-income elderly
applicants.
Nature of Requirement: Section
891.410 addresses 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: April 15, 2008.
Reason Waived: The property
contains 11 vacant units with no
applicants on the 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 continues to
aggressively market the property with
the local housing authorities and
various religious, social and community
organizations. It was determined that
granting the waiver would allow the
owner/managing agent an opportunity
to stabilize the project’s current
financial status, and prevent
foreclosure. It also was determined that
first priority would 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.
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Jkt 214001
• Regulation: 24 CFR 891.410(c).
Project/Activity: Sunset Heights
Apartments, Waukesha, Wisconsin,
FHA, Project Number 075–EE036. The
property is currently experiencing
vacancy problems and high turnover
rate at the 17-unit property.
Nature of Requirement: Section
891.410 addresses 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: May 6, 2008.
Reason Waived: This regulatory
waiver was granted because if
continued, the current vacancy and high
turnover rates would cause financial
hardship for the project. The owner/
managing agent was unable to attract
very low-income elderly persons. The
owner/managing agent continues to
aggressively market the property with
the local housing authorities 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. It was
determined that first priority would be
given to all qualified eligible applicants
who meet the Section 202 very lowincome 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: Pioneer Place III,
Poynette, Wisconsin—FHA Project
Number 075–EE010. This project
continues to experience difficulty in
leasing its units to very low-income
elderly tenants.
Nature of Requirement: Section
891.410 addresses 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: May 12, 2008.
Reason Waived: The project
experienced difficulty in renting its
units since initial occupancy in April
1994. Currently 17 of 22 units are
occupied, and there are no applicants
that meet the age waiver criteria on the
waiting list. The owner/managing agent
continues to aggressively market the
property with the Central Wisconsin
Community Action Council and news
media. The provisions of 24 CFR
891.410(c) were waived in order to
allow the agent to lease to individuals
between the ages of 55 and 62 years of
age, thereby allowing the owner to
increase occupancy and save the project
from failing. Priority admission would
continue for 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 891.805.
Project/Activity: Serviam Gardens,
New York, NY, Project Number: 012–
EE353.
Nature of Requirement: Section
891.805 requires that the project owner
be a single purpose for-profit limited
partnership of which a private nonprofit
organization with a section 501(c)(3) or
501(c)(4) tax exemption status is the
sole general partner.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: April 17, 2008.
Reason Waived: The sponsor
requested that the sole general partner
be a limited liability company with a
single member under the New York
Limited Liability Company Law and its
membership interest will be owned by
the sponsor. The organizational
documents will prohibit private
inurnment and private benefit, as do the
sponsor’s organizational documents.
This will prevent the tax credit
investor’s return from being impacted
by any portion of the capital advance
monies being treated as taxable income.
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 891.805.
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Project/Activity: Charleston
Apartments, Seattle, WA, Project
Number: 126–HD044.
Nature of Requirement: Section
891.805 requires that the project owner
be a single purpose for-profit limited
partnership of which a private nonprofit
organization with a section 501(c)(3) or
501(c)(4) tax exemption status is the
sole general partner.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—
Federal Housing Commissioner.
Date Granted: June 5, 2008.
Reason Waived: The sponsor
requested that the sole general partner
be a limited liability company with a
single member and its membership
interest will be owned by the sponsor.
The organizational documents will
prohibit private inurnment and private
benefit. Pursuant to Department of
Treasury regulation section 301.7701–
3(b)(1)(ii), a limited liability company
has only one member and will be
treated as a disregarded entity for
federal tax purposes and its operations
and finances will be treated as the
operation and finances of the exempt
organization.
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 6160, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.830(b) & 24
CFR 891.830(c)(4).
Project/Activity: Charleston
Apartments, Seattle, WA, Project
Number: 126–HD044.
Nature of Requirement: 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. 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: April 17, 2008.
Reason Waived: In order to not delay
the construction of this mixed finance
project, the waiver was granted to
permit the capital advance funds to be
drawn down using a different
mechanism other than a pro rata basis,
as approved by HUD. However, the
capital advance funds would not be
drawn down any faster than a pro rata
disbursement basis would have
permitted. The owner sought to use the
release of capital advance funding upon
the completion of the project procedure,
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Jkt 214001
which recognizes a conventionally
financed construction loan that would
pay for many items that are eligible for
capital advance funding. 891.830(c)(4)
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 6160, Washington, DC 20410–
8000, telephone (202) 708–3000.
• Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Lyons Place,
Columbus, OH, Project Number: 046–
EE078.
Nature of Requirement: 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: April 11, 2008.
Reason Waived: Since this is a mixed
finance project, the waiver was granted
to permit capital advance funds to be
used to pay off that portion of a bridge
or construction financing that strictly
relate to capital advance eligible costs.
Such costs are to be documented in the
Owner’s audited cost certification and
approved by the Program Center as
capital advance eligible.
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 6160, Washington, DC 20410–
8000, telephone (202) 708–3000.
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: Brillion Housing
Authority, (WI021), Brillion, WI.
Nature of Requirement: The
regulation at 24 CFR 5.801 establishes
certain reporting compliance dates. The
audited financial statements are
required to be submitted to the Real
Estate Assessment Center (REAC) no
later than 9 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: April 1, 2008.
Reason Waived: The HA requested a
waiver of the due date date of
September 30, 2008, for the submission
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of its audited financial data for FYE
December 30, 2006. The HA submitted
that the audited data was first submitted
two days before the due date, but was
rejected and not resubmitted on time
due to severe illness of the HA’s
independent public accountant. The
circumstances that prevented the HA
from resubmitting the audited financial
data by the due date were beyond the
control of the HA. The waiver allowed
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, 550 12th
Street, SW., Suite 100, Washington, DC
20410, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
Starr County, (TX396), Rio Grande City,
TX.
Nature of Requirement: The
regulation at 24 CFR 5.801 establishes
certain reporting compliance dates.
Unaudited financial statements are
required to be submitted two months
after the housing authority’s (HA) fiscal
year end (FYE), and audited financial
statements are required to be submitted
no later than nine months after the HA’s
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: April 8, 2008.
Reason Waived: The HA requested a
waiver for additional time to submit the
audited financial data for FYE June 30,
2007 because the Starr County was
declared a natural disaster area due to
severe flooding. As a result, the HA had
to relocate its office and rebuild their
data files. The waiver allowed the HA
additional time to submit its audited
financial data to the Real Estate
Assessment Center.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Office of Housing,
Department of Housing and Urban
Development, 550 12th Street., SW.,
Suite 100, Washington, DC 20410,
telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: New Jersey
Department of Community Affairs,
(NJ912), Trenton, NJ.
Nature of Requirement: The
regulation at 24 CFR 5.801 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
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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: April 14, 2008.
Reason Waived: The HA requested a
waiver of the audited financial reporting
requirements for the FYE ending June
30, 2007. The HA stated that the U.S.
Department of Health and Human
Services, the cognizant agency for the
State of New Jersey, approved a request
for an extension in submitting their
Single Audit until July 31, 2008. The
waiver allowed the HA additional time
to submit the audited financial data.
The HA is a component unit of the State
of New Jersey and should submit its
audited financial data no later than July
31, 2008.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Housing,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 550 12th Street, SW.,
Suite 100, Washington, DC 20410,
telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Middletown Public
Housing Agency, (OH065), Middletown,
OH.
Nature of Requirement: The
regulation at 24 CFR 5.801 establishes
certain reporting compliance dates.
Unaudited financial statements are
required to be submitted two months
after the housing authority’s (HA) fiscal
year end (FYE), and audited financial
statements will be required no later than
nine months after the HA’s 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: May 9, 2008.
Reason Waived: The HA requested an
extension of time to submit their
audited financial data for FYE June 30,
2007. The HA is a Section 8-only-HA
that is part of a larger general purpose
government, the City of Middletown,
Ohio whose FYE is December 31, 2007,
and the HA’s FYE is June 30, 2007. The
HA requested that the FYE be changed
to December 31, 2007, so that it would
coincide with the FYE of the City. The
waiver was granted because the HA
followed proper procedures to ensure
financial integrity. The HA is to submit
its audited financial data for June 30,
2007, no later than September 30, 2008.
Contact: Myra E. Newbill, Acting
Program Manager, NASS, Real Estate
Assessment Center, Office of Public and
Indian Housing, Department of Housing
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and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Housing Authority of
the Town of Haxtun (CO17), Haxton,
CO.
Nature of Requirement: The
regulation at 24 CFR 5.801 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: May 15, 2008.
Reason Waived: The HA requested an
extension of time to submit their
audited financial data for fiscal year
ending (FYE) March 31, 2007. The HA
states its audited financial submission
was rejected by the REAC and had
fifteen days to correct and resubmit the
financial data. The HA states corrections
were made and the auditor completed
both first and second steps of the threestep audited submission process.
However, the Executive Director was
not able to complete the last submission
step due to illness. The waiver was
granted because REAC’s records confirm
that the HA’s audited submission was in
independent public accountant-agree
status indicating the audit was
completed and ready to be submitted.
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: Cincinnati
Metropolitan Housing Authority,
(OH004), Cincinnati, OH.
Nature of Requirement: The
regulation at 24 CFR 5.801 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: May 15, 2008.
Reason Waived: The HA states that
the audit was completed, however, it
was unable to submit it as a result of
time-out and availability issues with
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HUD network servers. Consequently, the
submission was not electronically
submitted to REAC by the submission
due date. The HA received a Late
Presumptive Failure (LPF) score of zero.
The waiver allowed the HA to resubmit
its 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: Dallas Housing
Authority, (TX009), Dallas, TX.
Nature of Requirement: The
regulation at 24 CFR 5.801 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: May 16, 2008.
Reason Waived: The HA requested a
waiver of its December 31, 2007,
audited financial submission due date
to procure the services of a new auditor.
The HA expressed concerns over the
quality of audits conducted by the
previous audit firm as a result of recent
Office of Inspector General audits. The
waiver granted the HA a due date of
December 31, 2008, for submission of
audited financial data for FYE December
31, 2007.
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 Mishawaka, (IN020),
Mishawaka, IN
Nature of Requirement: The
regulation at 24 CFR 5.801 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 MB Circular A–133.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: June 3, 2008.
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Reason Waived: The HA requested a
waiver of the audited financial
submission date for the fiscal year
ending June 30, 2007. The HA contends
that its audited financial submission
was rejected and the HA was given 15
days to correct and resubmit the
financial data. The HA submitted that
the corrections were made but due to
communication error between the
Executive Director and the Auditor, the
submission was not electronically made
to the REAC by the resubmission due
date resulting in the HA receiving a Late
Presumptive Failure (LPF) score of zero.
The waiver granted the HA allowed 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
and Urban Development, 550 12th
Street, SW., Suite 100, Washington, DC
20410–5000, telephone (202) 475–8988.
• Regulation: 24 CFR 5.801.
Project/Activity: Arizona Department
of Housing, (AZ901), Phoenix, AZ.
Nature of Requirement: The
regulation at 24 CFR 5.801 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 (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: June 4, 2008.
Reason Waived: The HA requested
additional time to submit its FY2007
audited financial data. Specifically, the
HA’s original waiver request dated
February 28, 2008, was initially denied
as a result of the State of Arizona’s
failure to have an A–133 audit
performed by the Single Audit due date.
The State of Arizona subsequently
received an extension until June 30,
2008, from the cognizant audit agency.
The HA was granted the waiver because
the circumstances were beyond its
control. The HA is to submit its audited
financial data no later than July 5, 2008.
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: Fairfax County
Redevelopment and Housing Authority,
(VA019), Fairfax, VA.
Nature of Requirement: The
regulation at 24 CFR 5.801 establishes
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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: June 4, 2008.
Reason Waived: The HA requested a
waiver of its audited financial
submission for the fiscal year ending
June 30, 2007. The HA submitted that
its audited financial submission was
rejected and the HA was given 15 days
to correct and resubmit the financial
data. The HA submitted that as a result
of a communication error with their
finance division, the submission was
not electronically submitted to the
REAC by the resubmission due date
resulting in the HA receiving a Late
Presumptive Failure (LPF) score of zero.
The waiver allowed the HA to resubmit
its 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
Snohomish County, (WA039), Everett,
WA
Nature of Requirement: The
regulation at 24 CFR 5.801 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: June 10, 2008.
Reason Waived: The HA requested a
waiver of its audited financial
submission for the fiscal year ending
June 30, 2007. The HA submitted that
its audited financial submission was
rejected and the HA was given 15 days
to correct and resubmit the financial
data. The HA submitted that the
corrections were made, however, as a
result of a communication error with the
auditor, the agreed upon procedures
were not complete causing the financial
submission not to be electronically
submitted to the REAC by the
resubmission due date. The waiver
allowed the HA to resubmit its audited
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financial statements for FYE June 30,
2007.
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 at 24 CFR 5.801 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: June 9, 2008.
Reason Waived: The HA’s original
waiver request dated December 12,
2007, was initially granted with a
financial submission due date of
February 29, 2008, for its FYE March 31,
2007. The HA requested additional time
to finalize their audit. The HA
submitted that the HA was granted a
waiver as a result of investigations
conducted by the Inspector General’s
office. However, the auditors still had
not received the needed information
from the Inspector General. The HA
requested additional time to allow the
auditors to finalize the audit. The HA
was allowed to submit its audited
financial data for FYE March 31, 2007,
no later than May 31, 2007.
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 Ogden, (UT002), Ogden, UT
Nature of Requirement: The
regulation at 24 CFR 5.801 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: June 9, 2008.
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Reason Waived: The HA requested a
waiver of its audited financial
submission due date for FYE June 30,
2007. The HA submitted that its audited
financial submission was rejected and
the HA was given 15 days to correct and
resubmit the financial data. The HA
submitted that the corrections were
made, however, as a result of a
communication error between the HA
and the auditor, the financial
submission was not electronically
submitted to PIH REAC by the
resubmission due date and the HA
received a Late Presumptive Failure
(LPF) score of zero. The HA was granted
the waiver of the audited financial
submission due date. The HA was
allowed to resubmit its audited financial
submission for FYE June 30, 2007.
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: Illinois Department
of Commerce and Economic
Opportunity, (IL911), Chicago, IL.
Nature of Requirement: The
regulation at 24 CFR 5.802 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: June 10, 2008.
Reason Waived: The HA requested
additional time to submit their audited
financial data for fiscal year ending
(FYE) June 30, 2007. The HA stated that
the U.S. Department of Health and
Human Services, the cognizant agency
for the State of Illinois, approved a
request for an extension in submitting
their Single Audit until June 30, 2008.
The waiver was granted and the HA was
charged with making an invalidation
request and including a date of
resubmission of its audited financial
data that would be no later than July 05,
2008. The waiver allowed 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, 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: Round Rock Housing
Authority, (TX322), Round Rock, TX.
Nature of Requirement: The
regulation at 24 CFR 5.801 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: June 13, 2008.
Reason Waived: The HA requested a
waiver of its audited financial
submission due date for FYE June 30,
2007. The HA submitted that its audited
financial submission was rejected and
the HA was given 15 days to correct and
resubmit the financial data. The HA
submitted that as a result of a
communication error, the corrections
were not made and the submission was
not electronically submitted to the
REAC by the resubmission due date and
the HA received a Late Presumptive
Failure (LPF) score of zero. The HA was
granted the waiver of its audited
financial submission due date. The HA
was charged with submitting a request
for invalidation of the LPF and
including a date of resubmission of its
audited financial submission for FYE
June 30, 2007.
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 902.20.
Project/Activity: New Albany Housing
Authority (IN012), New Albany, IN.
Nature of Requirement: The objective
of this regulation is to determine
whether a housing authority (HA) is
meeting the standard of decent, safe,
sanitary, and in good repair. The Real
Estate Assessment Center (REAC)
provides for an independent physical
inspection of a HA’s property of
properties that includes a statistically
valid sample of the units.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2008.
Reason Waived: The HA requested a
waiver from physical inspections for
fiscal year ending March 31, 2008, due
to extensive damages caused by a
tornado which occurred February 5,
2008. The circumstances surrounding
the waiver request were unusual and
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beyond the HA’s control. Accordingly,
no physical inspections would be
conducted in fiscal year 2008.
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 902.35(a), part
902 Subpart D.
Project/Activity: Housing Authority
for the City of Reno, (NV001), Reno, NV.
Nature of Requirement: The
referenced regulations establish
requirements for (1) financial reporting,
(2) annual certification of management
operations and (3) resident satisfaction
surveys.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: April 1, 2008.
Reason Waived: The Housing
Authority of the City of Reno (HA)
requested and was granted a waiver of
excess reserves requirement in the
calculation of its 2007 Financial
Assessment Subsystem (FASS) under
the Public Housing Assessment System
(PHAS), because it intends to use the
excess non-public reserves to expand
affordable housing once market
conditions improve. The HA also was
granted a waiver to have more resources
to concentrate on organizational,
procedural, and software changes to
convert to asset management. The HA
was granted a waiver 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.
HUD will carry over the Management
Assessment Subsystem (MASS) and
Resident Assessment Subsystem (RASS)
scores under the Public Housing
Assessment System from the previous
reporting period.
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: Oklahoma City
Housing Authority (OK002), Oklahoma,
OK.
Nature of Requirement: The
referenced regulations establish
requirements for (1) annual certification
of management operations and (2)
resident satisfaction surveys.
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Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: June 10, 2008.
Reason Waived: The Oklahoma City
Housing Authority (HA) requested a
waiver to have more resources to
concentrate on organizational,
procedural and software changes to
convert to asset management. The HA
was granted a waiver 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.
HUD will carry over the Management
Assessment Subsystem (MASS) and
Resident Assessment Subsystem (RASS)
scores under the Public Housing
Assessment System from the previous
reporting period.
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 941.306(b) and
(c).
Project/Activity: Housing Authority of
East Baton Rouge Parish (EBRHA)
request to waive Total Development
Cost (TDC) limit and Housing
Construction Costs (HCC) for Phase I of
East Boulevard/Oklahoma Street HOPE
VI Grant LA48URD003I102.
Nature of Requirement: The
regulations at 24 CFR 941.306(b) and (c)
require that public housing capital
assistance may not be used to pay for
housing construction costs and
community renewal costs in excess of
the HUD determined TDC and HCC
limit.
Granted by: Paula O. Blunt, General
Assistant Secretary, Public and Indian
Housing.
Date Granted: June 10, 2008.
Reason Waived: HUD completed its
review of EBRHA’s request for a waiver
of 24 CFR 941.306(b) and (c) for Phase
I of the rental and homeownership
development for the East Boulevard/
Oklahoma Street HOPE VI project.
EBRHA was not able to anticipate the
escalating costs associated with
construction after Hurricane Katrina and
therefore lost the opportunity to apply
for a TDC waiver under the PIH Notice
in the Federal Register of ‘‘Regulatory
and Administrative Waivers Granted for
Public and Indian Housing Programs to
Assist with Recovery and Relief in
Hurricanes Katrina, Rita and Wilma
Disaster Areas.’’ This notice provided
the ability for housing authorities
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impacted by these hurricanes to receive
a waiver of TDC. Based upon
documentation submitted by EBRHA
and recognizing the severe impact
Hurricane Katrina had on construction
in the Gulf Coast area and in accordance
with the authority at 24 CFR 5.110, HUD
approved the waiver of 24 CFR
941.306(b) and (c) for Phase I of the East
Boulevard/Oklahoma Street HOPE VI
project.
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., Room 4130,
Washington, DC 20140–5000, telephone
(202) 402–4181.
• Regulation: 24 CFR 941.610(a)(1)–
(a)(7).
Project/Activity: Danville
Redevelopment and Housing Authority
(DRHA) request to waive HUD review of
certain legal documents for the Liberty
Square HOPE VI project, Blaine Square
(Phase IV) Mixed-Finance Project in
Danville, VA.
Nature of Requirement: The
regulation at 24 CFR 941.610(a)(1) and
(a)(7) require HUD review and approval
of certain legal documents related to
mixed-finance development before
closing can occur and public housing
funds can be released.
Granted by: Paula O. Blunt, General
Assistant Secretary, Public and Indian
Housing
Date Granted: April 4, 2008.
Reason Waived: Under the waiver, the
documents addressed by the regulation
no longer need to be submitted to HUD
for review. In lieu of HUD’s review of
these documents, and before public
housing funds can be released, DRHA
must submit documentation which
certifies, in form specified by HUD, to
the accuracy and authenticity of the
legal documents detailed in § 941.610,
paragraphs (a)(1)–(a)(7). Granting a
waiver of HUD’s review allows DRHA to
certify to the validity of certain legal
documents and streamlines the review
process and expedites closing and
public housing production.
Additionally, the partners involved
with the Blaine Square project are
basically the same as those involved in
earlier phases of the Liberty Square
HOPE VI project. DRHA is the developer
and sole lender for the project.
Centerline Capital Group was the
investor in the previous phase of the
Liberty Square project. Clement
Wheatley has severed as local counsel
on all phases of Liberty Square.
Cornerstone Housing, LLC previously
served as the developer for all earlier
phases of the Liberty Square project.
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54917
Reno & Cavanaugh has extensive
experience with HOPE VI throughout
the country and has closed over 100
mixed-finance transactions. Given the
parties involved in Blaine Square are
the same as with previous phases of the
Liberty Square project, the documents
used in previous phases will be used in
Blaine Square. These were previously
approved by HUD. Blaine Square project
includes Low Income Housing Tax
Credits (LIHTC). The review process
and financial control mechanisms
associated with LIHTCs are extensive.
HUD review would repeat and duplicate
the activities which these processes are
already performing.
Contact: Dominique Blom, Deputy
Assistant Secretary for the Office of
Public Housing Investments,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4130, Washington, DC 20140–
5000, telephone (202) 402–4181.
• Regulation: 24 CFR 941.610 (a)(1)–
(a)(7).
Project/Activity: Greenville Housing
Authority (GHA) request to waive HUD
review of certain legal documents for
the Jesse Jackson Townhomes HOPE VI
project, Clark Street Commons Phase V
Mixed-Finance project in Greenville,
SC.
Nature of Requirement: The
regulation at 24 CFR 941.610(a)(1) and
(a)(7) require HUD review and approval
of certain legal documents related to
mixed-finance development before
closing can occur and public housing
funds can be released.
Granted by: Paula O. Blunt, General
Assistant Secretary for Public and
Indian Housing.
Date Granted: April 8, 2008.
Reason Waived: Under the waiver, the
documents addressed by the regulation
no longer need to be submitted to HUD
for review. In lieu of HUD’s review of
these documents, and before public
housing funds can be released, GHA
must submit documentation which
certifies, in form specified by HUD, to
the accuracy and authenticity of the
legal documents detailed in § 941.610,
paragraphs (a)(1)–(a)(7). Granting a
waiver of HUD’s review allows GHA to
certify to the validity of certain legal
documents and streamlines the review
process and expedites closing and
public housing production.
Additionally, GHA is a housing
authority with extensive development
and mixed-finance experience. The
other development partners in the
project are also experienced in public
housing mixed-finance development.
Clark Street Commons is a mixedfinance transaction, and as such,
includes HOPE VI, Low Income Housing
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Tax Credits, and private mortgage funds.
The review process and financial
control mechanisms associated with
Low Income Housing Tax Credits are
extensive. The private sector mortgage
lender also reviews the project’s
financial and project documents. HUD
review would repeat and duplicate the
activities which these processes are
already performing. Clark Street
Commons project is very similar to one
of the previous projects, Nichol Town
Green Phase IV undertaken by GHA,
which underwent full evidentiary
document review and approval by HUD.
The Developer will be TCG Greenville,
LLP, as it was for the Nichol Town
Green project. The investor partner,
attorneys, and financial advisors will
remain the same and Sun America again
will provide construction financing.
Contact: Dominique Blom, Deputy
Assistant Secretary for the Office of
Public Housing Investments,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4130, Washington, DC 20140–
5000, telephone (202) 402–4181.
• Regulation: 24 CFR 941.610 (a)(1)–
(a)(7).
Project/Activity: Tacoma Housing
Authority (THA) request to waive HUD
review of certain legal documents for
the HOPE VI Salishan project, Salishan
Five Mixed-Finance development.
Nature of Requirement: The
regulation at 24 CFR 941.610(a)(1) and
(a)(7) require HUD review and approval
of certain legal documents related to
mixed-finance development before
closing can occur and public housing
funds can be released.
Granted by: Paula O. Blunt, General
Assistant Secretary, Public and Indian
Housing.
Date Granted: April 30, 2008.
Reason Waived: Under the waiver, the
documents addressed by the regulation
no longer need to be submitted to HUD
for review. In lieu of HUD’s review of
these documents, and before public
housing funds can be released, THA
must submit documentation which
certifies, in form specified by HUD, to
the accuracy and authenticity of the
legal documents detailed in § 941.610,
paragraphs (a)(1)–(a)(7). Granting a
waiver of HUD’s review allows THA to
certify to the validity of certain legal
documents and streamlines the review
process and expedites closing and
public housing production.
Additionally, THA is a high
performing housing authority with
extensive development and mixedfinance experience. Salishan Five is a
near duplicate of Salishan One, Two,
Three, and Four. All evidentiary
documents for Salishan One and Two
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16:55 Sep 22, 2008
Jkt 214001
were thoroughly reviewed and approved
by HUD. Salishan Three and Four both
received a waiver of evidentiary review.
Contact: Dominique Blom, Deputy
Assistant Secretary for the Office of
Public Housing Investments,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4130, Washington, DC 20140,
telephone (202) 402–4181.
• Regulation: 24 CFR 982.306(d).
Project Activity: Aberdeen Housing
and Redevelopment Commission
(AHRC), Aberdeen, SD. The AHRC
requested a waiver regarding renting to
relatives under the Housing Choice
Voucher (HCV) program so that an
applicant with no disabled family
members could lease in place.
Nature of Requirement: Section
982.306(d) states that a public housing
agency (PHA) must not approve a unit
if the owner is the parent, child,
grandparent, grandchild, sister or
brother of any member of the assisted
family unless such approval would
provide a reasonable accommodation for
a family member who is a person with
disabilities.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: April 9, 2008.
Reason Waived: The waiver was
granted because HCV applicant going
through a divorce with children
attending school in a small community
in South Dakota, where the children
wished to remain while the applicant
was renting a unit from a relative. In
addition, there was a very limited
supply of rental housing units in this
area.
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
Washington County (HAWC),
Washington County, MD. The HAWC
requested a waiver regarding exception
payment standards under the Housing
Choice Voucher (HCV) program so that
it could provide a reasonable
accommodation to a person with
disabilities.
Nature of Requirements: 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
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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: April 9, 2008.
Reason Waived: The HCV applicant,
who is a person with multiple
disabilities, was allowed to lease in
place in a unit that had been modified
with state funds under the Maryland
Medicaid Living at Home Waiver
Program to meet his needs. To provide
a reasonable accommodation so that this
applicant would pay no more than 40
percent of adjusted income toward the
family share, the HAWC 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(c)(3).
Project Activity: San Antonio Housing
Authority (SAHA), San Antonio, TX.
The SAHA requested a waiver of
payment standard (PS) requirements to
permit it to implement reduced PSs
earlier than required to avoid
termination of housing assistance
payments (HAP) contracts during
calendar year 2008 due to insufficient
funding.
Nature of Requirement: Section
982.505(c)(3) states that if the amount
on the PS schedule is decreased during
the term of the HAP contract, the lower
PS amount generally must be used to
calculate the monthly HAP for the
family beginning at the effective date of
the family’s second regular
reexamination following the effective
date of the decrease.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: June 20, 2008.
Reason Waived: The waiver was
granted because this cost-saving
measure would enable the SAHA to
both manage its Housing Choice
Voucher program within allocated
budget authority and avoid the
termination of HAP contracts due to
insufficient funding.
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.,
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Room 4210, Washington, DC 20410–
5000, telephone (202) 708–0477.
• Regulation: 24 CFR 990.185(a).
Project/Activity: New Bedford
Housing Authority (NBHA),
Massachusetts.
Nature of Requirement: The Energy
Policy Act of 2005 amended section
9(e)(2)(C) of the Housing Act of 1937 by
changing the contract period from 12 to
20 years, yet HUD’s regulation 24 CFR
990.185(a) has not yet been conformed
to the statutory period and reflects a
maximum period of 12 years.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
Date Granted: May 22, 2008.
Reason Waived: The NBHA is
undertaking an energy project and
anticipates energy conservation
measures with life cycle expectations
and costs that would exceed the 12-year
regulatory limitation in 24 CFR
990.185(a). Based upon the anticipated
savings and benefits to NBHA and its
residents, the waiver granted a longer
VerDate Aug<31>2005
16:55 Sep 22, 2008
Jkt 214001
repayment period, contingent on HUD’s
provisions, including additional
information and technical activity
requirements. However, NBHA must
comply with all of HUD’s provisions for
the waiver to be effective.
Contact: Nicole Faison, Director,
Office of Public Housing Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4226, Washington, DC 20410–
5000, telephone (202) 708–0744.
• Regulation: 24 CFR 990.185(a).
Project/Activity: Bridgeport Housing
Authority (BHA), Bridgeport, CT.
Nature of Requirement: The Energy
Policy Act of 2005 amended section
9(e)(2)(C) of the Housing Act of 1937 by
changing the contract period from 12 to
20 years, yet HUD’s regulation 24 CFR
990.185(a) has not yet been conformed
to the statutory period and reflects a
maximum period of 12 years.
Granted by: Paula O. Blunt, General
Deputy Assistant Secretary for Public
and Indian Housing.
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54919
Date Granted: May 22, 2008.
Reason Waived: BHA is undertaking
an energy project and anticipates energy
conservation measures with life cycle
expectations and costs that would
exceed the 12-year regulatory limitation
in 24 CFR 990.185(a). Based upon the
anticipated savings and benefits to BHA
and its residents, the waiver grants a
longer repayment period, contingent on
HUD’s provisions, including additional
information and technical activity
requirements. However, BHA must
comply with all of HUD’s provisions for
the waiver to be effective.
Contact: Nicole Faison, Director,
Office of Public Housing Programs,
Office of Public and Indian Housing,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4226, Washington, DC 20410–
5000, telephone (202) 708–0744.
[FR Doc. E8–22141 Filed 9–22–08; 8:45 am]
BILLING CODE 4210–67–P
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Agencies
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Pages 54902-54919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22141]
[[Page 54901]]
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Part II
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the Second Quarter of
Calendar Year 2008; Notice
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 /
Notices
[[Page 54902]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5217-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2008
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2008 and ending on June 30, 2008.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (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 second 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 April
1, 2008 through June 30, 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 part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2008) before the next report is published (the third
quarter of calendar year 2008), HUD will include any additional waivers
granted for the second 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: September 15, 2008.
Robert M. Couch,
General Counsel.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development April 1,
2008 Through June 30, 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).
Project/Activity: The Lakeview Family Apartments project is a
multifamily farm labor housing project in Roberts, Idaho. The project
consists of 23 units of multifamily housing and a community building
for classes, training, recreation, and a computer lab for residents.
Idaho Housing Finance Association requested a waiver to allow the use
of $1,057,490 in HOME Investment Partnership (HOME) Program funds.
Property was acquired 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
[[Page 54903]]
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: May 28, 2008.
Reason Waived: The waiver was granted based on the following
findings: The project furthered the objective of providing community
development and affordable housing; the errors made in the
environmental process for the commitment of non-HUD funds were made in
good faith; and an environmental assessment concluded that the granting
of the waiver will not result in any 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) 402-4442.
Regulations: 24 CFR 92.300(a)(1).
Project/Activity: The City of Spokane, Washington, requested a
waiver to allow it to provide a HOME community housing development
organization (CHDO) set-aside funds to a limited liability company
(LLC) that has a qualified CHDO as its sole managing partner in order
to purchase and renovate affordable rental housing in downtown Spokane.
Nature of Requirement: The HOME regulation at 24 CFR 92.300(a)(1)
permits a participating jurisdiction to award CHDO set-aside funds to
limited partnerships that include a qualified CHDO as the managing
partner. LLCs are not an allowable form of CHDO project ownership in
the HOME Regulation.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: April 28, 2008.
Reasons Waived: Spokane Housing Ventures (SHV) is a local nonprofit
organization that is designated as a CHDO by the City of Spokane. SHV
plans to purchase and renovate the Bel Franklin Apartments in downtown
Spokane, and the financing is to include HOME CHDO set-aside funds and
Low-Income Housing Tax Credits (LIHTC). To facilitate the LIHTC
financing, SHV formed the Bel Franklin Apartments LLC (LLC). SHV is the
sole member of the LLC with 100 percent ownership of the project. The
City sought to provide HOME CHDO set-aside funds to the LLC. LLCs are
not an allowable form of CHDO project ownership in the HOME
regulations. The City, the CHDO and the LLC have agreed that SHV would
be the sole managing member of the Bel Franklin Apartments LLC when the
tax credit investors are brought into the transaction and have
effective project control over its operation. Ownership would revert to
SHV at the end of the 15-year tax compliance period. SHV is to serve as
the project developer and property manager. Both SHV and the LLC will
be bound by the provisions of the HOME regulations and the partnership
operating agreement.
Contact: Virginia Sardone, Office of Affordable Housing Programs,
Office of Community Planning and Development, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 7154, Washington, DC
20410, telephone (202) 708-2470.
Regulations: 24 CFR 92.500(d)(1)(C).
Project/Activity: The City of Alexandria, Louisiana, requested a
waiver of its fiscal year (FY) 2003 expenditure deadline to facilitate
its continued recovery from the devastation caused by Hurricanes
Katrina and Rita. The City is located within a declared disaster area
pursuant to Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Nature of Requirement: 24 CFR 92.500(d)(1)(C) requires that a PJ
expend its annual allocation of HOME funds within five years after HUD
notifies the PJ that HUD has executed the jurisdiction's HOME
Investment Partnership Agreement.
Granted by: Nelson R. Breg[oacute]n, General Deputy Assistant
Secretary for Community Planning and Development.
Date Granted: July 1, 2008.
Reasons Waived: It was determined that the waiver would facilitate
the continued recovery of the City of Alexandria from the devastation
caused by Hurricane Katrina and Hurricane Rita. The waiver ensures that
needed HOME funds are not de-obligated and are available to pay for
costs incurred for projects to which HOME funds have already been
committed.
Contact: Virginia Sardone, Office of Affordable Housing Programs,
Office of Community Planning and Development, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 7154, Washington, DC
20410-7000, telephone (202) 708-2470.
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 203.37a(b)(2).
Project/Activity: FHA-insured properties in certain areas that have
been foreclosed.
Nature of Requirement: The regulations at 24 CFR 203.37a(b)(2)
require a 90-day waiting period for re-sales of properties to be
eligible for FHA-insured mortgage financing with certain categorical
exceptions. This waiver requested pertains to existing exemptions of
those properties foreclosed on by mortgagees, their subsidiaries, as
well as vendors hired by exempt entities to sell their real estate
owned.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: June 9, 2008.
Reason Waived: It was determined that waiving the regulations would
allow properties acquired by foreclosure by FHA-approved mortgagees to
become eligible for FHA-insured financing during the 90-day period. The
waiver reduces holding costs to mortgage lenders and lessens the
likelihood of property value deterioration to adjoining and near-by
properties as well as to the properties acquired by foreclosure.
Contact: James Beavers, Deputy Director, Office of Single Family
Program Development, Office of Housing, Department of Housing and Urban
Development, 451 Seventh St., SW., Room 9166, Washington, DC 20410-
8000, telephone (202) 708-2121.
Regulation: 24 CFR 203.41(b).
Project/Activity: Chequamegon Village, Bozeman, Montana, being
purchased by two member family.
Nature of Requirement: Section 203.41(b) of the FHA regulations in
24 CFR part 203 provides that the mortgage shall not be eligible for
insurance if the mortgaged property is subject to legal restrictions on
conveyance (except as otherwise permitted under the regulations).
Properties at Chequamegon Village contain legal restrictions limiting
ownership to occupant mortgagors, covenants that would remain in force
even if FHA acquired the property as the result of a foreclosure. This
deed restriction could limit the potential pool of possible buyers and/
or reduce the proceeds of sale should FHA need to sell the property.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: May 21, 2008.
Reason Waived: The mortgage loan proposed for the family would be
in an amount that represents approximately 62% loan to value ratio.
Because of the large amount of equity in the property
[[Page 54904]]
(38%), it is unlikely that FHA would incur a claim for benefits and if
it did, it is unlikely FHA would suffer a loss. The waiver was
determined necessary so that the family could obtain a Montana Board of
Housing Disabled Accessible Affordable Mortgage at 2.75% financing.
Contact: James Beavers, Deputy Director, Office of Single Family
Program Development, Office of Housing, Department of Housing and Urban
Development, 451 Seventh St., SW., Room 9166, Washington, DC 20410-
8000, telephone (202) 708-2121.
Regulation: 24 CFR 236.725(e)(2).
Project/Activity: Brookdale Village, Far Rockaway Queens, New
York--FHA Project Number 012-119NI/012-11023. A request was made for
continuation of Rental Assistance Payments (RAP) after the payoff of
the original non-insured Section 236 mortgage under a Section 236(e)(2)
Decoupling transaction.
Nature of Requirement: Section 236.725 of the FHA regulations in 24
CFR part 236 relates to rental assistance contracts, limiting such
contracts to the term of the mortgage or 40 years from the date of the
first payment made under the contract, whichever is the lesser.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 20, 2008.
Reason Waived: This waiver was granted because it was determined
that the project would be maintained as an affordable housing resource
to the maturity date of the non-insured Section 236 mortgage plus an
additional five years, through the execution and recording of a
Decoupling Use Agreement. This waiver was predicated on the fact that
the Decoupling proposal would not request an increase in the Section
236 units, and therefore the rental assistance payment (RAP) subsidy
would not increase as a result. Future RAP increases would be based on
budget driven project operating cost increases that would not include
any new debt service costs attributable to the decoupling transaction.
The waiver was also based on the fact that the project owner enter into
a Decoupling Use Restriction Agreement prescribed by the Section
236(e)(2) Decoupling program.
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 290.30(a).
Project/Activity: 1775 Houses, New York, New York--FHA Project
Numbers 012-57005P and 012-57005T, and AK Houses, New York, New York--
FHA Project Numbers 012-57082P and 012-57082T. The owners requested
prepayment approval of their two respective HUD-Held mortgages. In
addition, the owners requested HUD 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: June 13, 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 was approved. Good
cause was shown that it is in the public interest and consistent with
HUD's objectives to waive the appropriate regulations in order to
permit the noncompetitive sale to Prudential Affordable Mortgage
Company. Prudential Affordable Mortgage Company will pay HUD in full
for all loan balances.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-7000, telephone (202) 708-
3730, extension 2598.
Regulation: 24 CFR 891.100(d).
Project/Activity: Montachusett Ayer Senior Housing, Boston, MA,
Project Number: 023-EE209.
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: April 10, 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: Liberty Place Apartments, Erie County, PA,
Project Number: 033-HD100.
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: April 17, 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: Bay Minette VOA Housing, Inc., Birmingham, AL,
Project Number: 062-HD061.
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: April 18, 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: Dauphin County VOA Living Center, Philadelphia,
PA, Project Number: 034-HD087.
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: April 18, 2008.
[[Page 54905]]
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: Disciples Village II, Odessa, Fort Worth, TX,
Project Number: 113-EE059.
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: April 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: Osmundsen Court, Little Rock, AR, Project Number:
082-HD091/AR37Q061001.
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: April 25, 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: Russellville Senior Housing, Russellville, KY,
Project Number: 083-EE102-NP-WAH/KY36-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: April 25, 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: Sayre Christian Village Apartments II, Lexington,
KY, Project Number: 083-EE101-NP-WAH/KY36-S061-003.
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: April 25, 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: La Casa De Ampi, San Juan, PR, Project Number:
056-HD027.
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: May 6, 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: Bentley Woods, Columbus, OH, Project Number: 046-
EE088.
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: May 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.
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: Pecan Grove Apartments, Little Rock, AR, Project
Number: 082-HD095.
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: May 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.
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.
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: May 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
[[Page 54906]]
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: SCARC Residential Expansion Project, Newark, NJ,
Project Number: 031-HD151.
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: May 14, 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: The Maples Apartments, Kansas City, KS, Project
Number: 084-HD055.
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: May 14, 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: Prospect Manor, Nashville, TN, Project Number:
086-HD037.
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: May 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: Village of Hope, Nashville, TN, Project Number:
086-HD038.
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: May 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: Disciples Village II, Odessa, TX, Project Number:
113-EE059/TX16S061006.
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: May 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 891.100(d).
Project/Activity: NewLife Home 6, Albuquerque, NM, Project Number:
116-HD032/NM16Q071001.
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: May 22, 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.
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: May 28, 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: Southern Hills Senior Residences, Wichita, KS,
Project Number: 102-EE029.
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: May 28, 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).
[[Page 54907]]
Project/Activity: TCOA Elderly Housing, Fort Worth, TX, Project
Number: 064-EE205.
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: June 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: Dauphin County VOA Living Center, Harrisburg, PA,
Project Number: 034-HD087.
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: June 12, 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: Benedictine Manor II, Jonesboro, AR, Project
Number: 082-EE176.
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: June 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: Peachtree III, Columbus, OH, Project Number: 042-
HD137.
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: June 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 77Administration, 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: Living Solutions II, Mora, MN, Project Number:
092-EE123.
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: June 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: Benedictine Manor I, Little Rock, AR, Project
Number: 082-EE175.
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: June 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: Eaton Place, Franklin, MA, Project Number: 023-
EE198.
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: June 18, 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: Robin's Terrace, Columbus, OH, Project Number:
042-EE201.
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: June 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 891.120(c).
Project/Activity: Red Lake Homeless Shelter, Minneapolis, MN,
Project Number: 092-HD069/MN46Q061002.
Nature of Requirement: Section 891.120(c) the use of HUD funding to
cover the cost of acquisition and/or related operating expenses for
excess amenities.
[[Page 54908]]
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 9, 2008.
Reason Waived: The regulation was waived because the project
consists of scattered sites that are located in areas not easily
accessible to laundry facilities and weather conditions in Northern
Minnesota can be extremely severe during the winter months.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.130(a).
Project/Activity: Mohr Place II, Kansas City, KS, Project Number:
102-EE028.
Nature of Requirement: Section 891.130(a) permits the sponsor to
sell the site for the subject project to the owner.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 8, 2008.
Reason Waived: HUD no longer considers a relationship involving a
land sale transaction between the sponsor and its affiliated owner to
be a prohibited relationship. The regulations are to be revised reflect
this as a permissible relationship.
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: Deer Creek Manor, Chicago, IL, Project Number:
072-EE161.
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: April 2, 2008.
Reason Waived: The project experienced delays while the sponsor/
owner located a contractor. Additional time was needed for the firm
commitment to be processed and 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 891.165.
Project/Activity: Candice Homes, Chicago, IL, Project Number: 071-
HD153.
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: April 2, 2008.
Reason Waived: The project experienced delays while the sponsor/
owner located a new site. Additional time was needed for the firm
commitment to be processed and 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 891.165.
Project/Activity: Clovernook Housing, Columbus, OH, Project Number:
046-HD033.
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: April 3, 2008.
Reason Waived: 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 891.165.
Project/Activity: Aliff Place, Charleston, WV, Project Number: 045-
HD040.
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: April 11, 2008.
Reason Waived: Additional time was needed for the submittal and
review of the closing documents and 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 891.165.
Project/Activity: Vesta Severn, Baltimore, MD, Project Number: 052-
HD069.
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: April 17, 2008.
Reason Waived: 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 891.165.
Project/Activity: Casa Grande Senior Housing, San Francisco, CA,
Project Number: 121-EE196.
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: April 23, 2008.
Reason Waived: Additional time was needed for this mixed finance
project to complete the cost certification process, meet tax limited
partner requirements, and 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.
[[Page 54909]]
Regulation: 24 CFR 891.165.
Project/Activity: Peachtree III, Cuyahoga Falls, OH, Project
Number: 042-HD137.
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: April 25, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and additional time was needed for the
firm commitment to be issued.
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: Robins Terrace, Columbus, OH, Project Number:
042-EE201.
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: April 25, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and additional time was needed for the
firm commitment application to be processed and issued.
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: Dauphin County VOA Living Center, Dauphin County,
PA, Project Number: 034-HD087-CMI/PA26-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: May 1, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and additional time was needed for the
sponsor/owner to secure secondary 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: Garrett House, Wilmington, DE, Project Number:
032-HD036-WPD/DE26-Q061-002.
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: May 5, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and additional time was needed for the
firm commitment application to be processed.
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: Haven Peniel Senior Citizens Residence,
Philadelphia, PA, Project Number: 034-EE151/PA26-S061-003.
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: May 5, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and to resolve site contamination issues.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: The Village of St. Martha's, Detroit, MI, Project
Number: 044-EE104.
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: May 8, 2008.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area. 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 891.165.
Project/Activity: Ken-Crest PA 2006, Philadelphia, PA, Project
Number: 034-HD093-PDD/P26-Q061-001.
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: May 9, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and to resolve zoning issues.
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: Bank Street Apartments, Providence, RI, Project
Number: 016-HD049.
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: May 9, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for
[[Page 54910]]
initial closing, and to resolve litigation issues with the Town
Council.
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: Woodside Village Apartments, Cleveland, OH,
Project Number: 042-HD112.
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: May 14, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and to resubmit the design change to the
local plan board for approval and to resubmit the firm commitment.
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 891.165.
Project/Activity: The Meadows, Providence, RI, Project Number: 016-
EE046.
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: May 14, 2008.
Reason Waived: The mixed-finance project needs additional time to
close.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: TBD, Warwick, RI, Project Number: 016-EE059.
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: May 14, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and to finalize the plans and
specifications based on the new site.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Project Beginnings I, Akron & Lamemore Village,
Cleveland, OH, Project Number: 042-HD129.
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: June 6, 2008.
Reason Waived: 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 891.165.
Project/Activity: Black Diamond Hope House, Philadelphia, PA,
Project Number: 032-HD033.
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: June 18, 2008.
Reason Waived: The sponsor/owner required additional time to
prepare for initial closing, and additional time was needed to review
initial closing documents.
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) & 24 CFR 891.165
Project/Activity: Webb Avenue Senior Housing, New York, NY, Project
Number: 012-EE335.
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: April 8, 2008
Reason Waived: The project is economically designed and comparable
to similar projects in the area, and the sponsor/owner exhausted all
efforts to obtain additional funding from other sources. 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) & 24 CFR 891.165.
Project/Activity: Moffat Gardens Senior Housing, New York, NY,
Project Number: 012-EE333.
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: April 22, 2008.
Reason Waived: The project is economically designed and comparable
to similar projects in the area, and the sponsor/owner exhausted all
efforts to obtain additional funding from other sources. 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) 70