Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2009, 31292-31303 [E9-15482]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31292-31303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15482]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5324-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2009

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on January 1, 2009 and ending on March 31, 2009.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 10276,Washington, DC 20410-0500, telephone (202) 708-
3055 (this is not a toll-free number). Persons with hearing or speech-
impairments may access this number through TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the first quarter of calendar year 2009.

SUPPLEMENTARY INFORMATION: 
    Section 106 of the HUD Reform Act added a new section 7(q) to the 
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), 
which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall: a. Identify the 
project, activity, or undertaking involved; b. Describe the nature of 
the provision waived and the designation of the provision; c. Indicate 
the name and title of the person who granted the waiver request; d. 
Describe briefly the grounds for approval of the request; and e. State 
how additional information about a particular waiver may be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
January 1, 2009 through March 31, 2009. 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

[[Page 31293]]

listed under the section number of the first regulatory requirement 
that appears in 24 CFR and that is being waived. For example, a waiver 
of both Sec.  58.73 and Sec.  58.74 would appear sequentially in the 
listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the first quarter of calendar 
year 2009) before the next report is published (the second quarter of 
calendar year 2009), HUD will include any additional waivers granted 
for the first quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: June 24, 2009.
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development January 1, 2009 Through 
March 31, 2009

    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 Highlander Park Community Center Complex 
features a gym, a conference and meeting facility, a fitness center, 
a public library branch, outdoor sports courts, and a playground for 
the residents of Dunedin, Florida. After funding was appropriated by 
Congress, non-HUD funds were spent on the project prior to the 
performance of an environmental review in violation of 24 CFR 
58.22(a). The project was funded as Economic Development Initiative 
Special Projects B-05-SP-FL-0432 and B-06-SP-FL-0203.
    Nature of Requirement: HUD's regulations at 24 CFR 58.22 require 
an environmental review and a request for release of funds to be 
completed and certified before non-HUD funds can be used on a 
project.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 16, 2009.
    Reason Waived: The waiver was granted because errors were 
unintentional and the project had no adverse environmental impact 
and furthered agency objectives.
    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 92.203(a)(1) and (2); 24 CFR 92.207; 
24 CFR 92.222(b); 24 CFR 92.250(a); 24 CFR 92.251; 24 CFR 92.612(b); 
24 CFR 92.254(a)(2); 24 CFR 92.254(b)(1); 24 CFR 92300(a)(1); 24 CFR 
92.353(d); 24 CFR 92.602(a)(1); and 24 CFR 92.602(e).
    Project/Activity: The damage to infrastructure and housing 
units, as well as the displacement of families caused by Hurricane 
Ike created an urgent need for assistance in Harris County, Texas, 
and required the waiver of various project or activity requirements 
in order to expedite use of funds in order to assist low-income home 
owners meet their housing needs.
    Nature of Requirement: The purpose of the regulatory waivers is 
to assist a jurisdiction's disaster recovery efforts. The damage to 
infrastructure and housing units, as well as the displacement of 
families, caused by Hurricane Ike has created an urgent need for 
assistance in Harris County, Texas.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 26, 2009
    Reason Waived: Hurricane Ike caused significant wind and flood 
damage to homes and businesses in Harris County. Many households 
were displaced because of the storm. The waiver of the HOME 
Investment Partnerships Program regulations and statutory 
requirements will facilitate Harris County's recovery efforts 
following damage resulting from Hurricane Ike. Pursuant to the 
authority provided in Section 290 of NAHA, good cause exists to 
suspend HOME statutory requirements and waive HOME regulatory 
provisions for Harris County, a Presidentially-declared disaster 
area under Title IV of the Robert T. Stafford Act.
    Contact: Ms. Virginia Sardone, Deputy Director, Office of 
Affordable Housing Programs, U.S. Department of Housing and Urban 
Development, Room 7162, 451 7th Street, SW., Washington, DC 20410.

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 203.41(a)(5).
    Project/Activity: Several nonprofit governmental organizations 
requested waiver of the section 501(c)(3) requirement in order to be 
placed on the FHA Nonprofit Organization Roster.
    Nature of Requirement: On February 23, 2009, HUD issued a waiver 
of two requirements, codified at 24 CFR 203.41(a)(5) of the 
Department's regulations, relating to the eligibility of nonprofit 
organizations seeking placement on the FHA Nonprofit Organization 
Roster and approval providing secondary financing to a mortgagor for 
the property investment required by National Housing Act 203(b)(9). 
The regulations waived are: (1) 24 CFR 203.41(a)(5), which defines 
``eligible nonprofit organization,'' in part, as an organization of 
the type described in section 501(c)(3) of the Internal Revenue Code 
(IRC) of 1986 as an organization exempt from Federal taxation under 
section 501(a) of the IRC; and (2) 24 CFR 203.41(a)(5)(ii), which 
requires that all nonprofit organizations participating in FHA 
programs have a voluntary board.
    Granted By: Brian Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: February 23, 2009.
    Reason Waived: FHA received several requests from nonprofit 
instrumentalities of government seeking placement on the Roster and 
approval to provide secondary financing. Although these nonprofit 
instrumentalities satisfy all other FHA requirements for placement 
on the Roster and eligibility to provide secondary financing they 
are not organizations of the type described in section 501(c)(3). 
Their income is exempt from taxation under IRC 115. Thus they are 
ineligible for placement on the Roster as providers of secondary 
financing. This waiver will enable IRC 115 nonprofit government 
instrumentalities to be placed on the Roster so they can provide 
affordable housing opportunities to more Americans via secondary 
financing until the regulations are amended. In addition, the 
voluntary board requirement is waived for all nonprofit 
instrumentalities of government seeking placement on the FHA Roster 
and approval to participate in FHA programs as providers of 
secondary financing. This waiver will enable a nonprofit 
instrumentality of government to have a board member who is also a 
salaried employee of the governmental body in control of the 
nonprofit instrumentality.
    Contact: Ruth Roman, Director, Office of Home Mortgage Insurance 
Division, Office of Single Family Housing, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 9274, Washington, DC 20410-8000, telephone number (202) 708-
0317.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Faush-Metropolitan Manor (Jefferson County)--
FHA Project Number 062-EH022. The project was awarded a Flexible 
Subsidy Operating Loan to maintain its financial soundness, improve 
the management and maintain the low-income character of the project. 
The owner requested a deferment of payment of the Flexible Subsidy 
Operating Assistance Loan.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project

[[Page 31294]]

owner under this subpart must be repaid at the earlier of the 
expiration of the term of the mortgage, termination of these actions 
would typically terminate FHA involvement with the property, and the 
Flexible Subsidy loan would be repaid, in whole, at that time''.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 27, 2009.
    Reason Waived: This waiver was granted to allow the owner to 
refinance the Section 202 Direct Loan pursuant to section 223(f) of 
the National Housing Act without a requirement to pay in full the 
principal and interest due on the Flexible Subsidy Operating 
Assistance Loan. The repayment of the Flexible Subsidy Operating 
Assistance Loan will be re-amortized over the 35-year period of the 
Section 223(f) mortgage loan. Faush-Metropolitan Manor, 
Incorporated, will execute and record a rental Use Agreement 
extending the affordability of the project through the term of the 
new financing.
    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: Ansonborough Housing Corporation--FHA Project 
Number 054-EH032, Charleston, South Carolina. Seventy-seven units of 
the project receive Section 8 project-based rental assistance and 
require 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 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 22, 2009.
    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 needed repairs allow 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 236.60(g).
    Project/Activity: Bethany Towers--FHA Project Number 067-44811, 
South Pasadena, Florida. The owner requested waiver of the 
requirement to provide a monthly report of Section 236 Excess Rental 
Income for the period January 2002 through August 2005.
    Nature of Requirement: Section 236.60(g) of HUD's regulations 
governs Excess Income post-approval requirements. Excess Income 
consists of cash collected as rent from residents by the mortgagor 
on a unit-by-unit basis, that is in excess of the HUD-approved 
unassisted Basic Rent. The unit-by-unit requirement necessitates 
that, if a unit has Excess Income , the Excess Income must be 
returned to HUD. A mortgagor must submit a written request to retain 
Excess Income for non-project use to the local HUD Field Office. 
Excess Income retained by a mortgagor for non-project use may be 
used for any purpose, except that the non-project use of Excess 
Income by a nonprofit entity mortgagor is limited to activities that 
carry out the entity's nonprofit purpose. Post-approval requirements 
include a monthly report. A mortgagor approved to retain Excess 
Income must continue to prepare and submit to HUD a revised Form 
HUD-93104, Monthly Report of Excess Income, or successor form.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: February 24, 2009.
    Reason Waived: This regulatory waiver was granted to bring the 
owner into compliance with regulations governing monthly reporting 
of Section 236 Excess Rental Income. The Jacksonville Multifamily 
Hub approved Bethany Housing's request to retain the monthly excess 
rental income during the period January 2002 through 2005; however, 
the owner failed to comply with the monthly reporting requirement. 
The owner requested permission to prepay the mortgage loan and sell 
the project to a new entity as part of a Settlement Agreement with 
the Department. The purchasing entity agreed to infuse capital to 
address the project's physical and financial deficiencies, and 
execute and record a rental use agreement to preserve it as 
affordable low-income rental housing through the maturity date of 
the mortgage note, plus 20 years, to January 1, 2032.
    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: Cottonwood CILA, East Peoria, IL, Project 
Number: 072-HD153/IL06-Q071-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 6, 2009.
    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: Beautiful Light Inn, Whiteville, NC, Project 
Number: 053-EE167/NC19-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: January 30, 2009.
    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 (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Our Lady of Consolation, Basile, LA, Project 
Number: 064-EE218/LA48-S071-006.
    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: February 3, 2009.
    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: The Hempfield Apartments, Greenville, PA, 
Project Number: 033-EE130/PA28-S071-002.
    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: February 25, 2009.
    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

[[Page 31295]]

6130, Washington, DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Palo Duro II, Oklahoma City, OK, Project 
Number: 117-HD039/OK56-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: February 26, 2009.
    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: Presbyterian Apartments of Northport II, 
Northport, AL, Project Number: 062-EE084/AL09-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: February 26, 2009.
    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: Forrest City Independent Living, Forrest City, 
AR, Project Number: 082-HD098/AR37-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: February 27, 2009.
    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: Octavia Court, San Francisco, CA, Project 
Number: 121-HD087/CA39-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: February 27, 2009.
    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: Fruitland Lane Apartments, Coeur d' Alene, ID, 
Project Number: 124-HD013/ID13-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: February 27, 2009.
    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: Pilgrim Place III, Houston, TX, Project 
Number: 114-EE135/TX24-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: March 4, 2009.
    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: Cornerstone Community, Leavenworth, WA, 
Project Number: 127-HD039/WA19-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: March 4, 2009.
    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: Joseph's Dream, Bedford, VA, Project Number: 
151-EE123/VA36-S071-008.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 11, 2009.
    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 Watertown, Inc., Watertown, SD, Project 
Number: 091-HD012/SD99-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: March 24, 2009.
    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: Scottsdale Estates Group Home, Fredericksburg, 
VA, Project Number: 051-HD139/VA36-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.

[[Page 31296]]

    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 26, 2009.
    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: Arcadia Place, Arcadia, LA, Project Number: 
064-EE206/LA48-S061-006.
    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: February 3, 2009.
    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. Additional time was needed for the sponsor/owner to obtain 
additional funds, for the firm commitment to be issued, and for the 
initial closing of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 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: Arcadia Haven, Arcadia, LA, Project Number: 
064-HD103/LA48-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 13, 2009.
    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. Additional time was needed for the firm commitment to be 
issued and for initial closing of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 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: Easter Seals Housing Solutions, Sheridan, WY, 
Project Number: 109-HD014/WY99-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: March 18, 2009.
    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. Additional time was needed for the firm commitment to be 
issued and for initial closing of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kent Gardens Senior Community, San Lorenzo, 
CA, Project Number: 121-EE172/CA39-S041-003.
    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: January 5, 2009.
    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: Piney Ridge II, Danville, VA, Project Number: 
051-HD136/VA36-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: January 5, 2009.
    Reason Waived: The sponsor/owner needed additional time for 
approval of site plans required by the City of Danville, Virginia, 
and for the firm commitment application to be submitted and 
processed.
    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: Village at French's Farm, Pembroke, NH, 
Project Number: 024-EE102/NH36-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: January 5, 2009.
    Reason Waived: The sponsor/owner needed additional time for 
approval of zoning and for the firm commitment application to be 
submitted and processed.
    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: SHDC No. 12, Kailua Kona, HI, Project Number: 
140-HD030/HI10-Q041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 5, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to obtain a new contractor and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lil Jackson Senior Community, Oceanside, CA, 
Project Number: 129-EE032/CA33-S051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.

[[Page 31297]]

    Date Granted: January 6, 2009.
    Reason Waived: Additional time is needed for the City of 
Oceanside to complete the approval process 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: Mulberry Manor, Wayne, WV, Project Number: 
045-HD041/WV15-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 6, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resolve easement issues and obtain a new contractor.
    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: St. Ann's Catholic Senior Housing, Lansford, 
PA, Project Number: 034-EE149/PA26-S061-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 15, 2009.
    Reason Waived: Additional time was needed for the Historic 
Preservation Advisory Council to review the Memorandum of Agreement 
executed for the site 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: Surf Gardens, Brooklyn, NY, Project Number: 
012-EE330/NY36-S031-003.
    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: January 26, 2009.
    Reason Waived: Additional time was needed for the City of New 
York to complete the process for conveying the site to the owner 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: Transitional Services for New York, New York, 
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: January 27, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resolve City and Uniform Federal Accessibility Standards (UFAS) 
requirements regarding availability of handicapped accessible 
parking spaces 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: Center of Hope, Southbridge, MA, Project 
Number: 023-HD221/MA06-Q051-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 30, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funds, resolve design 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: TELACU Housing San Bernardino IV, San 
Bernardino, CA, Project Number: 143-EE063/CA43-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: January 30, 2009.
    Reason Waived: Additional time was needed to resolve zoning and 
offsite issues and for the project to reach 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: Alex Apartments, West Carrollton, OH, Project 
Number: 046-HD032/OH10-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 30, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resolve litigation 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: Gamwell Residence, Pittsfield, MA, Project 
Number: 023-HD226/MA06-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: February 3, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
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: Kowchuk, Lanesborough, MA, Project Number: 
023-HD224/MA06-Q051-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.

[[Page 31298]]

    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: February 5, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funds and obtain a new general contractor.
    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: SHDC No. 12, Kailua-Kona, HI, Project Number: 
140-HD030/HI10-Q041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: February 5, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
reconcile the legal description of the property 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: Acres Homes Garden Apartments, Houston, TX, 
Project Number: 114-HD031/TX24-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: February 24, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
select new members for their owner board, and 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 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Eskaton Roseville Manor, Roseville, CA, 
Project Number: 136-EE081/CA30-S061-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 6, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resolve issues with the firm commitment application and for the 
project to reach 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: Transitional Services for New York, New York, 
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: March 19, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resolve issues with the New York City Department of Buildings and 
for the project to reach 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: Victory Crest, Chillum, MD, Project Number: 
000-EE066/MD39-S061-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 20, 2009.
    Reason Waived: The sponsor/owner needed additional time for the 
firm commitment to be reprocessed due to the contractor's increased 
costs 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: 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.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 24, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resolve environmental issues and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Villa Matti, Miami Beach, FL, Project Number: 
066-EE111/FL29-S061-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 24, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
obtain approval of the project from Florida Department of 
Environmental Resources Management (DERM) and the City of Miami 
Beach, to secure secondary funding 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: SHDC No. 12, Kailua-Kona, HI, Project Number: 
140-HD030/HI10-Q041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 24, 2009.
    Reason Waived: The sponsor/owner needed additional time for the 
contractor to obtain a Performance Payment bond, 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 and 24 CFR 891.830(b) and 
891.830(c)(4).
    Project/Activity: Estabrook Senior Housing, San Leandro, CA, 
Project Number: 121-EE194/CA39-S061-006.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18

[[Page 31299]]

months from the date of issuance with limited exceptions up to 24 
months, as approved by HUD on a case-by-case basis. Section 
891.830(b) requires that capital advance funds be drawn down only in 
an approved ratio to other funds in accordance with a draw down 
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: January 5, 2009.
    Reason Waived: Additional time was needed for the firm 
commitment to be issued and for the project to be initially/finally 
closed. In order to meet the 50 percent test of the Internal Revenue 
Service, a waiver was provided to allow the capital advance funds to 
be drawn down in one requisition after completion of construction at 
the initial/final closing of the project. To not delay the 
construction of this mixed finance project a waiver was approved to 
allow the capital advance funds to repay funds borrowed to pay for 
the construction of the project occurring prior to initial closing 
of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 6130, Washington, 
DC 20410-8000, telephone number (202) 708-3000.

     Regulation: 24 CFR 891.410(c)
    Project/Activity: Blackberry-McCarr Senior Housing--FHA Project 
Number 083-EE089, McCarr, Kentucky. This project is located in the 
rural Appalachian Mountain region of Kentucky and is experiencing 
difficulty in leasing units to the very low-income elderly.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 16, 2009
    Reason Waived: This regulatory waiver was granted to assist the 
project in alleviating its current vacancy problems. The rural 
location does not offer many amenities such as shopping, medical 
facilities, pharmacies, etc., to attract qualified very low-income 
elderly applicants. Additional measures were instituted to improve 
occupancy but have not been successful. Waiver of this regulation 
allowed the owner to fill vacant units and thereby stabilize the 
project's current financial status and prevent foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 7th 
Street, SW., Washington, DC 20410, telephone (202) 708-3730, 
extension 2598.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: William Johnson Manor--FHA Project Number 075-
EH383, Deer Park, Wisconsin. The project experienced difficulty 
leasing units to the very low-income elderly and requested a waiver 
of this restriction in order to permit admission of lower-income, 
near elderly applicants where there are no very low-income elderly 
applicants to fill vacant units.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 6, 2009.
    Reason Waived: This regulatory waiver was granted to assist the 
project in alleviating its vacancy problems at the time of the 
waiver request. Waiver of this regulation allowed the managing agent 
to lease units to very low-income, near elderly applicants when, at 
the time of the request, there were no very low-income elderly 
applicants on the waiting list, allowing stabilization of the 
project's then financial status and prevention of foreclosure.
    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 891.410(c).
    Project/Activity: Harry and Velma Hamilton Villa--FHA Project 
Number 075-EE056, Wausau, Wisconsin. The property experienced 
difficulty in leasing vacant units to the very low-income elderly. 
The owner requested a waiver of this restriction in order to permit 
admission of low-income, near elderly applicants when, at the time 
of the request, there was no very low-income elderly applicant to 
fill vacant units.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 6, 2009.
    Reason Waived: This regulatory waiver was granted to cure the 
project's then vacancy problems. Waiver of this regulation permitted 
admission of applicants who meet the definition of low-income, near 
elderly, enabling the owner to improve the financial status of the 
project and prevent foreclosure. First priority was committed to be 
given to all qualified eligible applicants who meet the Section 202 
very low-income guidelines.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6160, Washington, DC 20410-
8000, telephone number (202) 708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Red Lake Senior Apartments--FHA Project Number 
092-EE087, Red Lake, Minnesota. This project experienced difficulty 
in leasing its vacant units to very low-income elderly applicants. 
The owner requested a waiver of this restriction in order to allow 
admission of low-income, near elderly applicants to fill vacant 
units.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 3, 2009.
    Reason Waived: This regulatory waiver was granted to assist the 
property with its then vacancy problems. The project is located 
within the boundaries of the Red Lake Reservation with no ability to 
attract very low-income elderly applicants. At the time of the 
request, there were four vacant units with three prospective 
applicants on the waiting list under the age of 62. Granting this 
waiver allowed the managing agent to rent to qualifying low-income 
near elderly applicants, provided flexibility to fill vacant units, 
and allowed the project to operate successfully and achieve full 
occupancy so that the project would not fail.
    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 (202) 708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Alice Henke Villa--FHA Project Number 075-
EE042, Tomahawk, Wisconsin. This project is located in a small, 
rural community with few conveniences for senior citizens. The 
owner/managing agent is having difficulty in maintaining full 
occupancy at the project.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who i