Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2008, 11442-11460 [E9-5653]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11442-11460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5653]



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Part III





Department of Housing and Urban Development





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Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of 
Calendar Year 2008; Notice

Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / 
Notices

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5217-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
Quarter of Calendar Year 2008

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on October 1, 2008, and ending on December 31, 2008.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Office of General Counsel, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 10276, Washington, DC 20410-
0500, telephone number 202-708-3055 (this is not a toll-free number). 
Persons with hearing-or speech-impairments may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the fourth quarter of calendar year 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), as reiterated and updated in the Restatement of Policy 
on Waiver of Regulations published on December 17, 2008 (73 FR 76674). 
In accordance with those procedures and with the requirements of 
section 106 of the HUD Reform Act, waivers of regulations are granted 
by the Assistant Secretary with jurisdiction over the regulations for 
which a waiver was requested. In those cases in which a General Deputy 
Assistant Secretary granted the waiver, the General Deputy Assistant 
Secretary was serving in the absence of the Assistant Secretary in 
accordance with the office's Order of Succession.
    This notice covers waivers of regulations granted by HUD from 
October 1, 2008, through December 31, 2008. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Panning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the fourth quarter of 
calendar year 2008) before the next report is published (the first 
quarter of calendar year 2009), HUD will include any additional waivers 
granted for the fourth quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: March 6, 2009.
Linda M. Cruciani,
Deputy General Counsel for Operations.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development October 1, 2008 Through 
December 31, 2008

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.
    The regulatory waivers granted appear in the following order:

I. Regulatory Waivers Granted by the Office of Community Planning 
and Development.
II. Regulatory Waivers Granted by the Office of Housing.
III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 58.22(a).
    Project/Activity: The King County Housing Authority applied to 
the City of Federal Way for Community Development Block Grant funds 
for the renovation and expansion of Kings Court Community Building 
on May 14, 2007. The King County Housing Authority also intended to 
utilize Capital funds for the project. The Community Center is 
located in close proximity to public housing units and is intended 
for services such as after-school programs for youths and employment 
services for nearby residents and Section 8 recipients. King County 
Housing Authority committed nonfederal funds by issuing a letter of 
award for constructing the Community Center, an action that limits 
the choice of reasonable alternatives, before receiving an approved 
Request for Release of Funds.

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    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) 
requires that an environmental review be performed and a request for 
release of funds be completed and certified prior to the commitment 
of non-HUD funds to a project using HUD funds.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: December 22, 2008.
    Reason Waived: The waiver was granted based on the following 
findings: The project will furthered the objective of providing 
community development; the errors made in the environmental process 
for the commitment of non-HUD funds were made in good faith and King 
County Housing Authority did not willfully violate the applicable 
regulations; no HUD funds were committed; and, an environmental 
assessment and a site visit by HUD staff concluded that the granting 
of the waiver will not result in any unmitigated, adverse 
environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, 
Office of Community Planning and Development, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 7250, Washington, 
DC 20410-7000, telephone number (202) 402-4442.

     Regulation: 24 CFR 58.22(a).
    Project/Activity: On May 26, 2006, HUD received an application 
from Ponca Tribe of Nebraska for Indian Community Development Block 
Grant in the amount of $609,840 to acquire property and buildings to 
use for tribal program offices. Ponca Tribe's intended use is to 
acquire property and buildings to develop a Ponca Family Resource 
Center to provide a new ``one-stop'' service delivery system to 
provide comprehensive, quality programs and services that 
concentrate on strengthening families through prevention modes 
spanning the entire human lifecycle in a culturally appropriate 
manner. On January 25, 2007, Ponca Tribe committed nonfederal funds 
to acquire the property and buildings, an action that limits the 
choice of reasonable alternatives, before receiving an approved 
Request for Release of Funds.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) 
requires that an environmental review be performed and a request for 
release of funds be completed and certified prior to the commitment 
of non-HUD funds to a project using HUD funds.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: December 22, 2008.
    Reason Waived: The waiver was granted based on the following 
findings: The project furthered HUD's program goal to develop viable 
Indian communities; the property was purchased in good faith and 
Ponca Tribe did not willfully violate the applicable regulations; no 
HUD funds were committed; and, an environmental assessment and a 
site visit by HUD staff concluded that the granting of the waiver 
will not result in any unmitigated, adverse environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, 
Office of Community Planning and Development, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 7250, Washington, 
DC 20410-7000, telephone number (202) 402-4442.

     Regulation: 24 CFR 91.115(c)(2).
    Project/Activity: The Commonwealth of Puerto Rico's Community 
Development Block Grant Program.
    Nature of Requirement: The provisions of 24 CFR 91.115(c)(2) 
require that a minimum of 30 days be allowed for public comment 
following an amendment to a state's Consolidated Plan.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Development and Planning.
    Date Granted: October 8, 2008.
    Reason Waived: A reduced public comment period from 30 days to 7 
days would allow the State to implement the amendment to the 2008 
method of distribution and annual action plan expeditiously and 
enable the Commonwealth to provide assistance to affected UGLGs for 
disaster recovery in a timely manner. The Commonwealth's proposed 
amendment to reallocate recaptured funds or uncommitted funds for 
their current program year would provide the State with additional 
flexibility to address urgent needs quickly.
    Contact: Diane Lobasso, Director, State and Small Cities 
Division, Office of Block Grant Assistance, Office of Community 
Planning and Development, Department of Housing and Urban 
Development, Room 7184, 451 7th Street, SW., Washington, DC 20410-
7000, telephone number 202-402-2191.

     Regulation: 24 CFR 92.2 and 92.254(b)(2).
    Project/Activity: Prince George's County requested a waiver of 
the regulatory definitions of ``reconstruction'' and ``principal 
residence'' to allow the County to assist an otherwise eligible 
homeowner whose home was demolished as the result of an 
environmental hazard.
    Nature of Requirement: The HOME regulations define 
``reconstruction'' in part, as rebuilding on the same lot, of 
housing standing on a site at the time of project commitment. 
Additionally, under HUD's regulations, housing owned by an income-
eligible individual qualifies as affordable housing only if the 
housing is the principal residence of the owner at time HOME funds 
are committed to the project.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: December 17, 2008.
    Reason Waived: In early 2003, there was an oil spill at the 
homeowner's residence. As a result, the homeowner and the 
homeowner's family were unable to continue to live in the house and 
due to the nature of the spill, the home was condemned and 
demolished as an environmental hazard by the Maryland Department of 
Environment. The homeowner successfully sued the oil company but was 
not awarded sufficient damages to both remediate the hazard and 
reconstruct her home. The County wished to provide the homeowner 
with HOME funds to enable her to complete the restoration of her 
home and resume her residency there.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street, SW., 
Room 7158, Washington, DC 20410-7000, telephone number 202-708-2470.

     Regulation: 24 CFR 92.252(e).
    Project/Activity: The State of Iowa Department of Economic 
Development (IDED) requested a waiver of the period of affordability 
for the Riverview Apartments in Coralville, Iowa, due to severe 
flooding that ended the useful life of the project. The 
participating jurisdiction would have been required to repay 
$141,893 in HOME funds because the project failed to meet the 
affordability period.
    Nature of Requirement: The HOME regulations at Sec.  92.252(e) 
require a 5 year period of affordability for rehabilitation or 
acquisition for existing rental housing receiving less than $15,000 
of HOME subsidy per unit.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: December 16, 2008.
    Reason Waived: On June 13, 2008, severe flooding caused 
significant damage to Riverview Apartments, requiring all tenants to 
be relocated. At the time of the HOME investment, the properties 
were not located in a flood plan. Therefore flood insurance had not 
been secured. The bids to repair and refurbish the apartments 
exceeded 75% of the property value. Due to the severity of the 
damage to the property, rehabilitation was determined to be 
infeasible and the City of Coralville has denied issuance of a 
building permit. HUD has determined that due to the damage caused to 
the 16 HOME rental units by the June 13, 2008, flood, the project 
has no remaining useful life and that good cause existed to waive 
the affordability period requirement.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street, SW., 
Room 7158, Washington, DC 20410-7000, telephone number 202-708-2470.

     Regulation: 24 CFR 92.500(d)(1)(B).
    Project/Activity: The Orange HOME Consortium--City of Orange, 
Texas, which is located within a presidentially-declared major 
disaster area pursuant to Title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, requested a waiver of 
its HOME Program commitment deadline requirement to facilitate its 
continued recovery from Hurricane Rita.
    Nature of Requirement: The HOME regulations at 24 CFR 
92.500(d)(1)(B) require that a participating jurisdiction (PJ) 
commit its annual allocation of HOME funds within 24 months after 
HUD notifies the PJ that HUD has executed the jurisdiction's HOME 
Investment Partnership Agreement. HUD must deobligate any HOME funds 
that a PJ has not committed under a legally binding written 
agreement by the deadline.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: October 15, 2008.
    Reason Waived: Hurricane Rita caused significant damage to 
structures throughout

[[Page 11444]]

the Orange Consortium Area. In the City of Orange alone 97 homes 
were completely destroyed and 5,997 sustained damage. This 
unforeseen damage in the Consortium Area resulted in an increased 
workload for City staff. Subsequently, HOME program timelines were 
missed. Because of the program delays caused by the Hurricane Rita 
and the County's need for funds to address storm-related damage, HUD 
determined that there was good cause to suspend the County's 
commitment deadline requirement pursuant to Section 290 of the 
Cranston-Gonzalez National Affordable Housing Act as amended.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 451 
7th Street, SW., Room 7164, Washington, DC 20410-7000, telephone 
number 202-708-2470.

     Regulation: 24 CFR 574.320(a)(2).
    Project/Activity: The State of Florida and its project sponsor 
AIDS Help, Inc. use HOPWA tenant-based rental assistance (TBRA) to 
provide support to eligible recipients in Monroe County and Key 
West.
    Nature of Requirement: The provisions of 24 CFR 574.320(a) 
require that grant funds for rental assistance must be used in 
accordance with a rent standard that is no more than the published 
section 8 fair market rent or the HUD-approved community-wide 
exception rent for the unit size. On a unit by unit basis, the 
grantee may increase that amount by up to 10% for up to 20% of the 
units assisted.
    Granted by: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 16, 2009.
    Reason Waived: Current actual market rents far exceed fair 
market rents, so it is not possible for the grantee to procure 
rental units for eligible persons living with HIV/AIDS. The grantee 
adequately documents that the rents presently charged and received 
for comparable units in the private unassigned market are at 145% of 
those authorized under the HOPWA regulation.
    Contact: David Vos, Office of HIV/AIDS Housing, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7212, Washington, DC 20410-
7000, telephone 202-708-1934.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

     Regulation: 24 CFR 5.801.
    Project/Activity: Geneva Tower--Contract Numbers IA05-L000-001/
IA05-M000-061, Cedar Rapids, Iowa. The owner submitted a written 
request to waive submission of annual financial statements for 
fiscal year ending July 31, 2008.
    Nature of Requirement: HUD regulations at 24 CFR 5.801 implement 
uniform financial reporting standards for all HUD programs. Reports 
must be prepared in accordance with Generally Accepted Accounting 
Principles as further defined by HUD in supplementary guidance, 
submitted electronically to HUD through the Internet with reporting 
compliance dates.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 10, 2008.
    Reason Waived: The regulation was waived because a finding was 
made that failure to comply with the regulation were due to reasons 
beyond the owner's control. The property sustained flood damage on 
June 13, 2008. This damage destroyed the financial and tenant 
records as well as the equipment on the first floor. This waiver is 
granted for a period of one year for this project only. Providing 
waiver of this regulation allowed the much needed affordable housing 
to be preserved.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6l60, Washington, DC 20410-
8000, telephone number 202-708-3730.

     Regulation: 24 CFR 200.926d(f)(1)(i) and (2)(i).
    Project/Activity: Waiver applicable in the following boroughs of 
Alaska: Juneau, Mantanuska-Susitna, Anchorage, Bethel, North Slope 
(Barrow), Fairbanks (North Star and Southeast) and the Kenai 
Peninsula.
    Nature of Requirement: Existing regulations require that new 
construction, to be eligible for FHA insurance, must be capable of 
delivering a flow of 5 gallons per minute (GPM) over a 4 hour period 
in order to provide a continuing and sufficient supply of water.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 14, 2008.
    Reason Waived: Waiving the regulations was granted so that new 
construction in the above-referenced boroughs of Alaska would be 
able to rely upon alternative sources of water. The alternative 
sources of water would allow the properties to become eligible for 
FHA-insured financing that are otherwise acceptable under state and 
local codes and where it is not feasible to procure water from 
conventional water systems.
    Contact: Peter Gillispie, Home Valuation Policy Division, Office 
of Single Family Program Development, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street, SW., Room 9270, 
Washington, DC 20410-8000, telephone number 202-708-2121.

     Regulation: 24 CFR 200.926d(f)(1)(i) and (2)(i).
    Project/Activity: The waiver was requested for the following 
boroughs of Alaska: Juneau, Mantanuska-Susitna, Anchorage, Bethel, 
North Slope (Barrow), Fairbanks (North Star and Southeast) and the 
Kenai Peninsula.
    Nature of Requirement: HUD's regulations at 24 CFR 
200.926d(f)(1)(i) and (2)() require that new construction, to be 
eligible for FHA insurance, must be capable of delivering a flow of 
5 gallons per minute (GPM) over a 4 hour period in order to provide 
a continuing and sufficient supply of water.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 14, 2008.
    Reason Waived: Waiving the regulations so that new construction 
in the above referenced boroughs of Alaska can rely upon alternative 
sources of water would allow the properties to become eligible for 
FHA-insured financing that are otherwise acceptable under state and 
local codes and where it is not feasible to procure water from 
conventional water systems.
    Contact: Peter Gillispie, Home Valuation Policy Division, Office 
of Single Family Program Development, Office of Housing, Department 
of Housing and Urban and Development, 451 7th Street, SW., Room 
9270, Washington, DC 20410-8000, telephone number 202-708-2121.

     Regulation: 24 CFR 2063.
    Project/Activity: Home Equity Conversion Mortgages (HECM) 
originated by EverBank Mortgage between March 5, 2007 and April 2, 
2008.
    Nature of Requirement: Under the HECM program regulations, the 
expected average interest rate is used to calculate future payments 
to the HECM borrower by the establishment of the principal limit 
(future payments to the HECM borrower) and must be the same as the 
note interest rate.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 2, 2008.
    Reason Waived: EverBank Mortgage relied on guidance issued by 
FHA in Mortgagee Letters 2003-16 and 2006-22 but misinterpreted the 
requirement that the expected average mortgage interest rate must be 
the same as the HECM note interest rate. This misinterpretation 
resulted in EverBank originating 661 HECM loans where the expected 
average interest rate and the HECM note interest rate were 
different. It was determined that EverBank Mortgage's interpretation 
that the mortgagee letters permitted it to use a note rate that 
differed from the expected average interest rate was made in good 
faith, and it was determined that it would have been inequitable to 
require EverBank to receive a lower interest rate for the loans 
originated between March 5, 2007 and April 2, 2008.
    Contact: Erica Jessup, Home Valuation Policy Division, Office of 
Single Family Program Development, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street, SW., Washington, DC 
20410.

     Regulation: 24 CFR 206.32(a).
    Project/Activity: Home Equity Conversion Mortgages (HECM) in 
Genesee County, Michigan.
    Nature of Requirement: Under the HECM program regulations, HECM 
borrowers may not incur additional debt in conjunction with HECM.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 24, 2008.
    Reason Waived: It was determined that the waiver would provide 
Metro Housing Partnership (MHP) of Genesee County,

[[Page 11445]]

Michigan, with the authorization to provide secondary financing to 
eligible residents of Genesee County whose HECM proceeds are 
insufficient to satisfy existing property indebtedness or cover 
required expenses to secure the MHP loan.
    Contact: Erica Jessup, Home Valuation Policy Division, Office of 
Single Family Program Development, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 9278, 
Washington, DC 20410-8000, telephone number 202-708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: St. Anthony Place, Pocatello, Idaho--FHA 
Project Number 124-EH019. The property has 88 units and requires 
renovations to continue as a well-maintained source of affordable 
housing. Refinancing will provide sufficient funds for needed 
capital improvements at the property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations, 
which governs the repayment of operating assistance provided under 
the Flexible Subsidy Program for Troubled Projects prior to May 1, 
1996, states: ``Assistance that has been paid to a project owner 
under this subpart must be repaid at the earlier of the expiration 
of the term of the mortgage, termination of mortgage insurance, 
prepayment of the mortgage, or a sale of the project * * *'' Either 
of these actions would typically terminate FHA involvement with the 
property, and the Flexible Subsidy loan would be repaid, in whole, 
at that time.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 29, 2008.
    Reason Waived: This waiver was granted to allow the owner to 
amortize the flexible subsidy debt with the newly refinanced 
mortgage and to continue to operate the project after prepayment 
under a Use Agreement. There will be no monies leaving the project 
as a result of prepayment and there will be long-term preservation 
of this affordable housing.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6160, Washington, DC 20410-
8000, telephone number 202 708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: The Russell House--FHA Project Number 051-
EH013, Virginia Beach, Virginia. The property is a 119-unit Section 
202 property and is in need of repairs.
    Nature of Requirement: Section 219.220(b), which governs the 
repayment of operating assistance provided under the Flexible 
Subsidy Program for Troubled Projects prior to May 1, 1996, states: 
``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term 
of the mortgage, termination of mortgage insurance, prepayment of 
the mortgage, or a sale of the project * * *'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy loan would be repaid, in whole, at that 
time.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: November 4, 2008.
    Reason Waived: The waiver was granted to permit much needed 
repairs at the property. The owner planned to refinance the Section 
202 mortgage with a Section 223(f) insured loan; at initial closing 
of the new loan, the owner will pay all accrued interest and a one-
time principal payment, reducing the balance and amortize the 
flexible subsidy debt with the newly refinanced mortgage. It was 
determined that these measures would allow the project to be 
maintained as much needed affordable housing.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6160, Washington, DC 20410-
8000, telephone number 202-708-3730.

     Regulation: 24 CFR 236.725.
    Project/Activity: Genesee Gateway Houses (aka River Park 
Commons)--FHA Project Number 014-033NI, Rochester, New York. The 
Buffalo Multifamily Hub has requested waiver of the regulation to 
permit the continuation of Rental Assistance Payments after the 
payoff of the non-insured Section 236 mortgage under a Section 
236(e)(2) Decoupling transaction.
    Nature of Requirement: HUD regulations at 24 CFR 236.725 
requires that the rental assistance contract shall be limited 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: October 20, 2008.
    Reason Waived: This waiver was granted predicated on the 
continuation of the Rental Assistance Payment assistance and 
required the developer to record a Use Agreement requiring the 
property to be maintained as a Section 236 low-income housing 
resource for 50 years from the closing of the Decoupling 
transaction. The Decoupling proposal plans for the demolition of the 
townhouse units, the relocation of all remaining residents, and the 
full renovation of the high-rise building.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6160, Washington, DC 20410-
8000, telephone number 202-708-3730.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: WRC House, Incorporated, Dothan, AL, Project 
Number: 062-HD065/AL09-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: October 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Ivy Residence II, Philadelphia, PA, Project 
Number: 034-EE153/PA26-S071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: October 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Morning Star Housing, Moline, IL, Project 
Number: 071-HD156/IL06-Q061-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: October 24, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Opportunity House, Ketcikan, Alaska, Project 
Number: 176-HD030/AK06-Q071-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: October 24, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.


[[Page 11446]]


     Regulation: 24 CFR 891.100(d).
    Project/Activity: TRC Senior Village I, Chicago, IL, Project 
Number: 071-EE212/IL06-S051-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 4, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Breakthrough Phase I, Knoxville, TN, Project 
Number: 087-HD051/TN37-Q071-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 4, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Options Supportive Housing Project XIII, 
Shirley, NY, Project Number: 012-HD138/NY36-Q071-003.
    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: December 3, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI Owatonna, Owatonna, MN, Project Number: 
092-HD070/MN46-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 3, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Vista Gallinas, Las Vegas, NM, Project Number: 
116-HD030/NM16-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Burke Place Apartments, Forks, WA, Project 
Number: 127-HD040/WA19-Q071-004.
    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: December 8, 2008.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Roberts Place Apartments, Monroe, LA, Project 
Number: 064-HD109/LA48-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 9, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Llangollen Hope House, New Castle, DE, Project 
Number: 032-HD035/DE26-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Marian Heights, New Britain, CT, Project 
Number: 017-EE097/CT26-S061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mosaic Housing XVII--Beatrice, Omaha, NE, 
Project Number: 103-HD036/ND99-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 24, 2008.

[[Page 11447]]

    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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Prairie View Villas, Pekin, IL, Project 
Number: 072-HD152/IL06-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 24, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Francis Xavier Apartments, McKean, PA, 
Project Number: 033-EE127/PA28-S061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: December 24, 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Acres Homes Garden Apartments, Houston, TX, 
Project Number: 114-HD031/TX24-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 26, 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 obtain 
additional funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Gabriel Place, Suffolk, VA, Project Number: 
051-HD128/VA36-Q041-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: December 9, 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 obtain 
additional funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Providence Manor Apartments, Atlanta, GA, 
Project Number: 061-EE159/GA06-S061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: December 24, 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 achieve an 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.320(b).
    Project/Activity: Center of Hope, Southbridge, MA, Project 
Number: 023HD221/MA06-Q051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.320(b) provides projects should not be located 
adjacent to the following facilities: schools or daycare centers for 
persons with disabilities, workshops, medical facilities, or other 
housing primarily serving persons with disabilities, or in areas 
where such facilities are concentrated.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: December 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 and the service plan is designed to promote the integration 
of the residents into the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Dauphin County VOA Living Center, Harrisburg, 
PA Project Number: 034-HD087/PA266-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: October 1, 2008.
    Reason Waived: Additional time was needed for contractor to 
obtain a Performance Bond and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, U.S. Department of Housing and Urban 
Development, 451 7th Street, SW., Washington, DC 20410, telephone 
number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Garrett House, Wilmington, DE, Project Number: 
032-HD036/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.

[[Page 11448]]

    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 10, 2008.
    Reason Waived: The sponsor/owner needed additional time for the 
initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Hale Maaolu Ehiku, Kihei-Maui, HI, Project 
Number:140-EE028/HI10-S021-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 10, 2008.
    Reason Waived: The sponsor/owner needed additional time for this 
mixed finance project to secure the executed Recipient Agreements 
for HOME financing from the County of Maui and for initial/final 
closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kaaterskill Manor, Catskill, NY, Project 
Number: 014-EE252/NY06-S051-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 14, 2008.
    Reason Waived: Additional time was needed for the project to be 
initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lyons Place, Dayton, OH, Project Number: 046-
EE078/OH10-S051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 17, 2008.
    Reason Waived: The sponsor/owner needed additional time to 
complete the bond sales and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Transitional Services for New York, New York, 
NY, Project Number: 012-HD128/NY36-Q051-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 24, 2008.
    Reason Waived: Additional time was needed for the project to 
reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Octavia Court, San Francisco, CA, Project 
Number:121-HD087/CA39-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: October 27, 2008.
    Reason Waived: Additional time was needed to clarify issues with 
the firm commitment application and for the project to reach initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Clearlake Oaks Manor, Clearlake Oaks, CA, 
Project Number: 121-EE174/CA39-S041-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 29, 2008.
    Reason Waived: The owner/sponsor needed additional time for the 
project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Victory Cathedral VOA Elderly Housing, 
Hartford, CT, Project Number: 017-EE098/CT26-S061-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: October 30, 2008.
    Reason Waived: The sponsor/owner needed additional time to 
resolve firm commitment application issues and for the project to 
reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Living Solutions II, Mora, MN, Project Number: 
092-HD123/MN46-S061-009.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: November 2, 2008.
    Reason Waived: The sponsor/owner needed additional time to 
complete the submission of initial closing documents and for the 
project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Capps Villa, Spartanburg, SC, Project Number: 
054-HD115/SC16-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: November 3, 2008.
    Reason Waived: Additional time was needed for the owner/sponsor 
to resolve an

[[Page 11449]]

identity of interest issue with the site, for the firm commitment to 
be issued and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: JSDD Supportive Living II, Whippany, NJ, 
Project Number: 031-HD149/NJ39-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: November 3, 2008.
    Reason Waived: The sponsor/owner needed additional time to 
secure secondary funding, for the firm commitment application to be 
processed, and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Vista California Supportive Housing, Vista, 
CA, Project Number: 129-HD030/CA33-Q041-001.
    Nature Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as 
approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: November 3, 2008.
    Reason Waived: The sponsor/owner needed additional time secure 
secondary funding, and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Corozal Hope for the Elderly, Corozal, PR, 
Project Number: 056-EE064/RQ46-S041-001.
    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: November 4, 2008.
    Reason Waived: The sponsor/owner needed additional time to 
secure control of a new site and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Henderson Supportive Housing, Henderson, NV, 
Project Number: 125-HD074/NV25-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: November 4, 2008.
    Reason Waived: The sponsor/owner needed additional time for the 
project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone 202-708-3000.

     Regulation: 24 CFR 891.165.
     Project/Activity: Common Ground Senior Housing, 
Brooklyn, NY, Project Number: 012-EE338/NY36-S051-004.
     Nature of Requirement: Section 891.165 provides that 
the duration of the fund reservation of the capital advance is 18 
months from the date of issuance with limited exceptions up to 24 
months, as approved by HUD on a case-by-case basis.
     Granted by: Brian D. Montgomery, Assistant Secretary 
for Housing-Federal Housing Commissioner.
     Date Granted: November 4, 2008.
    Reason Waived: The sponsor/owner needed additional time for the 
closing documents to be submitted and processed and for the project 
to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Victory Crest, Chillum, MD, Project Number: 
000-EE066/MD39-S061-001.
    Nature of Requiremen