Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2009, 47599-47614 [E9-22352]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47599-47614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22352]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5324-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
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 April 1, 2009 and ending on June 30, 2009.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 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 April 
1, 2009 through June 30, 2009. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community

[[Page 47600]]

Planning and Development, the Office of Fair Housing and Equal 
Opportunity, the Office of Housing, and the Office of Public and Indian 
Housing, etc.). Within each program office grouping, the waivers are 
listed sequentially by the regulatory section of title 24 of the Code 
of Federal Regulations (CFR) that is being waived. For example, a 
waiver of a provision in 24 CFR part 58 would be listed before a waiver 
of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the second quarter of 
calendar year 2009) before the next report is published (the third 
quarter of calendar year 2009), HUD will include any additional waivers 
granted for the second quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: September 8, 2009.
Helen R. Kanovsky,
General Counsel.

APPENDIX

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development April 1, 2009 Through June 
30, 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 Anacortes Family Shelter received 
Community Development Block Grant (CDBG) funds to construct a 
shelter. The shelter is an eight-unit family structure and related 
infrastructure, including sidewalks, curb/gutter and improvements to 
storm and sanitary sewer. The Anacortes Family Shelter, a CDBG 
subrecipient, used nonfederal fund to begin construction on the site 
in May of 2008, prior to the City completing the environmental 
review or submitted the Request for Release of Funds.
    Nature of Requirement: The regulation requires that an 
environmental review be performed and a Request for Release of Funds 
be completed and certified prior to the commitment of non-HUD funds 
to a project using HUD funds.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: April 20, 2009.
    Reason Waived: The waiver was granted based on the following 
findings: the above project would further the objective of providing 
community development; no HUD funds were committed; and based on the 
environmental assessment, granting a waiver would 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 Seventh Street, SW., Room 7250, 
Washington, DC 20410-7000, telephone (202) 402-4442.

     Regulation: 24 CFR 58.22(a).
    Project/Activity: The Marklund Children's Home received an 
Economic Development Initiative- Special Purpose Grant (EDI) to 
demolish and reconstruct an existing facility. After receiving the 
EDI, but without DuPage County submitting a Request for Release of 
Fund or certification for HUD approval or completing an 
environmental review, Marklund Children's Home used non-HUD funds to 
demolish the existing building and start reconstruction of the new 
facility.
    Nature of Requirement: The regulation requires that an 
environmental review be performed and a Request for Release of Funds 
be completed and certified prior to the commitment of non-HUD funds 
to a project using HUD funds.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 15, 2009.
    Reason Waived: The waiver was granted based on the following 
findings: the above project would further the objective of providing 
housing for low-income individuals with disabilities; the errors 
made in the environmental process for the commitment of non-HUD 
funds were made in good faith and Marklund did not willfully violate 
the applicable regulations; no HUD funds were committed and based on 
the environmental assessment and the HUD field inspection, granting 
a waiver would 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 Seventh Street, SW., Room 7250, 
Washington, DC 20410-7000, telephone (202) 402-4442.

     Regulation: 24 CFR 92.203(a)(1) and (2); 24 CFR 
92.209(c), (h), (i), (j), (k); 24 CFR 92.222(b); and 24 CFR 92.251.
    Project/Activity: City of Galveston, Texas.
    Nature of Requirement: Section 290 of the Cranston-Gonzalez 
National Affordable Housing Act of 1990 (NAHA), as amended, 
authorizes HUD to suspend certain HOME statutory requirements for 
jurisdictions located in areas that the President declares a 
disaster under Title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act. In addition to the waiver of certain 
statutory requirements pursuant to the authority of section 290 of 
NAHA, HUD waived the regulations, referenced above in 24 CFR part 
92, which part contains the HOME Investment Partnerships Program 
regulations. The identified regulatory sections pertain to income 
determinations, tenant-based rental assistance requirements, 
matching contribution requirements, and property standards, and the 
regulatory provisions waived were those that were identified as 
impeding recovery from the disaster.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 14, 2009.
    Reason Waived: Hurricane Ike caused significant wind and flood 
damage to homes and businesses in Galveston. Many households were 
displaced because of the storm. The waiver of the HOME Investment 
Partnerships Program regulations (in addition to the waiver of the 
statutory requirements authorized by section 290 of NAHA) will 
facilitate the City of Galveston's recovery efforts following damage 
resulting from Hurricane Ike.

     Regulation: 24 CFR 92.252(e).
    Project/Activity: The Louisiana Housing Finance Agency (LHFA), 
which administers the HOME Program in the state of Louisiana, 
requested a waiver of the requirement that a HOME-assisted project 
meet the HOME affordability requirements for the applicable 
affordability period. LHFA provided HOME assistance to three rental 
properties located within the City of New Orleans that were heavily 
damaged by Hurricanes Katrina and Rita and, consequently, were 
rendered uninhabitable during their affordability periods. Because 
insurance proceeds and Low Income Housing Tax Credit (LIHTC) awards 
to the properties were insufficient to rehabilitate the properties 
to new stricter construction standards, the City of New Orleans 
sought to provide HOME funds to fill the funding gap. The HOME 
regulations prohibit the investment of additional HOME funds in a 
HOME-assisted project during the affordability period.
    Nature of Requirement: The HOME final rule at 24 CFR 92.252 (e) 
requires that HOME-assisted units meet the affordability 
requirements for not less the applicable period specified in the 
regulation. The affordability requirements apply without regard to 
the term of any loan, mortgage or

[[Page 47601]]

transfer of ownership. They are imposed by deed restrictions or 
covenants running with the land.
    Granted By: Nelson R. Breg[oacute]n, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: May 11, 2009.
    Reasons Waived: Due to the extent of the damage caused by the 
hurricanes, HUD determined that the useful life of the three 
projects as it related to the original investment of HOME funds by 
LHFA had ended. Granting this waiver to terminate the existing HOME 
affordability periods for the three projects enabled the City of New 
Orleans to provide HOME funds as gap financing to complete the 
rehabilitation of these projects. The City agreed to treat these 
projects as new HOME projects under the City's HOME program, and 
establish new affordability periods.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Department of Housing and Urban Development, 451 
7th Street, SW., Room 7164, Washington, DC 20410, telephone 202-708-
2470.

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

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

     Regulation: 24 CFR 203.37a(b)(2).
    Project/Activity: The waiver permits FHA financing on the sale 
of properties acquired by mortgagees through foreclosure within 90 
days of acquisition by the mortgagee, their subsidiaries or vendors. 
In effect, it adds an additional exemption to those already existing 
in the regulation.
    Nature of Requirement: The regulation provides that the mortgage 
for a property will not be insured by FHA if the contract of sale is 
executed within 90 days of the acquisition of the property by the 
seller.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 11, 2009.
    Reason Waived: Since the promulgation of the regulation, the 
volume of foreclosures has increased dramatically, especially in the 
past year. In examining the regulation FHA found that a temporary 
relaxation of its eligible property requirements would help address 
the specific case of the mortgage crisis. The current exemptions 
from the 90-day restriction were found to be insufficient to 
accommodate sales of properties acquired as the result of 
foreclosure by mortgage lenders other than those currently exempted, 
and do not accommodate exempt institutions that use subsidiaries and 
vendors to sell their inventory of foreclosed properties. The 
additional exemption was granted for sales of real estate owned by 
mortgagees to facilitate those sales and reduce deterioration in 
properties acquired through foreclosure that may otherwise remain 
vacant for up to 90 days because of FHA's existing policy.
    Contact: Susan Cooper, Credit Policy Specialist, Office of Home 
Mortgage Insurance Division, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street, SW., Washington, DC 
20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 203.43f(e)(ii).
    Project/Activity: Waiver applicable to a single family detached 
property improved by a manufactured home located at 4259 Robinson 
Neck Road, Taylor's Island, Maryland 21669.
    Nature of Requirement: The existing regulation requires that a 
manufactured home that has been permanently erected on a site for 
more than one year prior to the date of application for mortgage 
insurance must have the finished grade level beneath the 
manufactured home at or above the 100 year return frequency flood 
elevation.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2009. The waiver is to be in effect for 
six months from date of waiver or until the purchase of the home, 
financed by an FHA-insured mortgage, is completed.
    Reason Waived: The Department has published a proposed rule 
(FHA-Insurance for Manufactured Housing, FR-5075-P-01) that would, 
among other things, amend the flood hazard requirements for 
manufactured housing and align them with that of stick built homes 
as provided in the Minimum Property Standards at 24 CFR 200.926d 
(c)(4)(i). Specifically, upon the publication of this proposed rule 
as a final rule, a manufactured home that is within a FEMA 
designated SFHA would be eligible for FHA-insured financing if the 
lowest floor of the home (with no basement) is at or above the FEMA-
designated base flood elevation. The subject of this waiver would be 
eligible for FHA-insured financing upon publication of the final 
rule. The regulation at 24 CFR 203.43f (d)(ii) has been waived in 
the past. Specifically, this regulation was waived by the Department 
in 2006 (and extended in 2007 and 2008) to permit manufactured 
housing in the State of Louisiana and located within a FEMA 
designated SFHA that was otherwise eligible for FHA-insured 
financing to qualify for such. The waiver was granted because the 
Department believed, as part of the reconstruction efforts following 
Hurricane Katrina, it was important to ensure that regulatory 
barriers did not impede the availability of an affordable housing 
type (such as manufactured housing).
    Contact: Peter Gillispie, Home Valuation Policy Division, Office 
of Single Family Program Development, Office of Housing, Department 
of Housing and Urban Development, 451 7th St., SW., Washington, DC 
20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Lambreth Apartments, Pittsburgh, PA (Alleghany 
County), Project Number 033-44803.
    Nature of Requirement: Section 219.220(b) requires the repayment 
of flexible subsidy operating assistance loans plus interest upon 
prepayment/refinance of the Section 236 mortgage loan.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Dated Granted: May 21, 2009.
    Reason Waived: The waiver is necessary to allow for the 
recapitalization of the project and the preservation of Lambreth 
Apartments as an affordable housing resource.
    Contact: Gloria Burton, Housing Project Manager, Office of 
Multifamily Housing Management, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 9224 Washington, DC 20410, 
telephone (202) 402-2611.

     Regulation: 24 CFR 232.3.
    Project/Activity: Existing memory care facility located in 
Vacaville, CA.
    Nature of Requirement: Section 232.3 states that not less than 
one full bathroom must be provided for every four residents of a 
board and care home or assisted living facility, and bathroom access 
from any bedroom or sleeping area must not pass through a public 
corridor or area.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Dated Granted: May 26, 2009.
    Reason Waived: The facility is established for 100% dementia 
care. Because of the specific clientele served by the facility, 
toileting and showering present special circumstances that do not 
exist in a traditional assisted living community. The facility is 
constructed to resemble private homes clustered together with each 
home having a maximum of fifteen residents. Each home includes two 
full bathrooms including shower and one commode and sink for every 
five residents. This exceeds the California state requirement of one 
commode and sink for every six residents.
    Contact: Roger E. Miller, Director, Office of Insured Health 
Care Facilities Office of Insured Health Care Facilities, Office of 
Housing, Department of Housing and Urban Development 451 7th Street, 
SW., Room 9224, Washington, DC 20410-8000, telephone (202) 708-0599.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Old Towne Square, Lawton, OK, Project Number: 
117-EE040/OK56-S071-002.
    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: April 8, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Berkshire County ARC-Lanesboro, Lanesboro, MA, 
Project Number: 023-HD224/MA06-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the

[[Page 47602]]

approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 16, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Saint Clare Court, Redding, CA, Project 
Number: 136-HD020/CA30-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: April 22, 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 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Victory Cathedral VOA Elderly Housing, 
Hartford, CT, Project Number: 017-EE098/CT26-S061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 22, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Red Lake Supportive Housing, Red Lake, MN, 
Project Number: 092-HD069/MN46-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: April 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Divine Providence II, Eunice, LA, Project 
Number: 064-HD116/LA48-Q071-008.
    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: May 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.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Locust Grove Group Home, Locust Grove, VA, 
Project Number: 051-HD140/VA36-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: May 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.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mendenhall Woods, Juneau, AK, Project Number: 
176-HD029/AK06-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: May 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.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: TBD, Decatur, AL, Project Number: 062-HD066/
LA09-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: May 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, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Leonard Court Apartments, Clearfield, PA, 
Project Number: 033-EE133/PA28-S071-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 28, 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, Department of Housing and Urban 
Development, 451 7th Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mrs. Lou's Palace, Chataignier, LA, Project 
Number: 064-HD117/LA48-Q071-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 29, 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

[[Page 47603]]

Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Gamwell Residence, Pittsfield, MA, Project 
Number: 023-HD226/MA06-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: May 29, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Riverside Manor, Pocahontas, AR, Project 
Number: 082-EE178/AR37-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: June 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Village Gardens Senior Housing, Norfolk, VA, 
Project Number: 051-EE124/VA36-S071-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Ann Senior Apartments, Lansford, PA, 
Project Number: 034-EE149/PA26-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: June 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Joseph Residence at Mont Marie, Holyoke, 
MA, Project Number: 023-EE211/MA06-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: June 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Piney Ridge Apartments II, Danville, VA, 
Project Number: 051-HD136/VA36-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: June 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 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Kaaterskill Manor, Catskill, NY, Project 
Number: 014-EE252/NY06-S051-008.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 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. 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130(b).
    Project/Activity: Country Gardens, Inc., Moore, SC, Project 
Number: 054-HD116/SC16-Q071-001.
    Nature of Requirement: Section 891.130(b) prohibits an identity 
of interest between the sponsor or owner and any development team 
member or between development team members until two years after 
final closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 10, 2009.
    Reason Waived: The sponsor/owner and land-seller are non-profit 
entities, have non-compensated officers, and the intention is to 
recover the optioned value of the property to reimburse the land-
seller, and the Spartanburg Housing Authority.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kent Gardens, 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: April 8, 2009.
    Reason Waived: Additional time was needed for the project to be 
initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant

[[Page 47604]]

Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Johnnie B. Moore Towers II, Atlanta, GA, 
Project Number: 061-EE160/GA06-S061-004.
    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: April 16, 2009.
    Reason Waived: The sponsor/owner needed additional time for 
approval of re-platting of the site required by the City of Atlanta, 
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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Red Lake Supportive Housing, Red Lake, MN, 
Project Number: 092-HD069/MN46-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: April 21, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
resubmit the firm commitment application exhibits 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Denton Affordable Housing Corporation, Denton, 
TX, Project Number: 113-HD036/TX16-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 22, 2009.
    Reason Waived: Additional time was needed for the firm 
commitment to be processed, and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Nassau AHRC Development 2005, North Baldwin, 
NY, Project Number: 012-HD129/NY36-Q051-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 24, 2009.
    Reason Waived: Additional time is needed for the firm commitment 
to be reprocessed, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Emerson Manor II, Longmeadow, MA, Project 
Number: 023-EE170/MA06-S031-005.
    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: May 11, 2009.
    Reason Waived: Additional time was needed for the state agency 
to finalize the commitment of funds 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Center of Hope (40 West Street), 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: May 13, 2009.
    Reason Waived: Additional time was needed for the Sponsor/Owner 
to finalize the closing documents 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Independence Manor III, (St. Francis of 
Assisi), Braintree, MA, Project Number: 023-EE169/MA06-S031-004.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 20, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resolve legal issues with Mass Housing 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165
    Project/Activity: Pembroke Housing for the Elderly, 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: May 27, 2009.
    Reason Waived: Additional time is needed for the firm commitment 
to be issued and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: North Highlands VOA Living Center, North 
Highlands, CA, Project Number: 136-HD019/CA30-Q061-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 29, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
revise the firm commitment application, secure additional funds, 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

[[Page 47605]]

Development, 451 7th Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Saint Claire Court, Redding, CA, Project 
Number: 136-HD020/CA30-Q061-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 29, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to obtain amendment funds, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Country Gardens, Inc., Moore, SC, Project 
Number: 054-HD116/SC16-Q071-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 29, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
submit the firm commitment application and the closing documents, 
and for the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-8000, telephone (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: May 29, 2009.
    Reason Waived: Additional time is 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Estabrook Senior Housing, San Leandro, CA, 
Project Number: 121-EE194/CA39-S071-007.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 29, 2009.
    Reason Waived: Additional time is needed for the issuance of a 
firm commitment for initial/final closing to occur.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Folsom Oaks, Folsom, CA, Project Number: 136-
HD017/CA30-Q041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 8, 2009.
    Reason Waived: The sponsor/owner needed additional time to 
secure secondary financing, 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Maranatha Senior Housing, Palantine Bridge, 
NY, Project Number: 014-EE264/NY06-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: June 10, 2009.
    Reason Waived: Additional time is needed for the firm commitment 
to be issued and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Johnnie B. Moore Towers II, Atlanta, GA, 
Project Number: 061-EE160/GA06-S061-004.
    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: June 25, 2009.
    Reason Waived: More time is needed for the City of Atlanta to 
approve the re-platting of the site 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., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.310(b)(3).
    Project/Activity: Welcome House Apartments, Lakewood, OH, 
Project Number: 042-HD149/OH12-Q071-004.
    Nature of Requirement: Section 891.310(b)(3) provides that in 
projects for developmentally disabled or physically disabled 
persons, all dwelling units in an independent living facility (or 
all bedrooms and bathrooms in a group home) must be designed to be 
accessible or adaptable for persons with physical disabilities.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 25, 2009.
    Reason Waived: The sponsor/owner will make three of the units 
fully accessible and should more residents require fully accessible 
units, accommodations will be made to ensure they are housed within 
the sponsor's other housing projects.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.665(a)(3).
    Project/Activity: Shawnee Supportive Housing, Kansas City, MO, 
Project Number: 084-HD054/KS16-Q061-001.
    Project/Activity: Kansas City Supportive Housing, Kansas City, 
MO, Project Number: 084-HD059/KS16-Q071-001.
    Nature of Requirement: Section 891.665(a)(3) provides that 
independent living complexes for handicapped families in the 
developmental disability or physically handicapped occupancy 
categories may not have more than 24 units nor more than 24 
households on one site.
    Granted by: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 11, 2009.
    Reason Waived: The project is feasible from a programmatic and 
market standpoint, it can be successfully integrated into the 
community and the state agency has approved the supportive service 
plan to combine the projects.

[[Page 47606]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Washington, DC 20410-
8000, telephone (202) 708-3000.

III. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Platteville Housing Authority, (WI208), 
Platteville, WI.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 1, 2009.
    Reason Waived: The HA, a Section 8 only entity, requested a 
waiver of its audited financial data reporting requirements for 
fiscal year end (FYE) September 30, 2008. The HA waiver request 
contends that the HA is a component unit of the City of Platteville 
(Primary Government) and the City's FYE is December 31, 2008, while 
the HA's FYE is September 30, 2008, causing a timing difference 
between the audited due dates. The waiver was granted requiring the 
audited financial submission due date of June 30, 2009 since the 
financial audit is conducted at the primary government level and 
will not be available by the HA's due date. The audited data is to 
be submitted as soon as it is completed by the City of Platteville's 
Independent Public Accountant but no later than October 15, 2009.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Crawford County Housing Authority, (KS161), 
Girard, KS.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates.
    The audited financial statements are required to be submitted to 
the Real Estate Assessment Center (REAC) no later than nine months 
after the Housing Authority's (HA) fiscal year end (FYE) in 
accordance with the Single Audit Act, and OMB Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 1, 2009.
    Reason Waived: The HA, a Section 8 only entity, requested a 
waiver of its audited financial submission due date of December 31, 
2008, for the fiscal year ending (FYE) March 31, 2008. The HA's 
waiver request contends that the FYE of the Housing Choice Voucher 
program is December 31, 2008, while the FYE of Southeast Kansas 
Community Action Program, Inc. (SEK-CAP) is November 30, 2008, 
causing a timing difference between the audited dates. In addition, 
the SEK-CAP FYE November 30, 2008, single audit is due to the 
Federal Audit Clearinghouse on August 31, 2009. The waiver was 
granted because the circumstances that prevented the HA from 
submitting the audited financial information by the due date were 
beyond the control of the HA. The HA was advised to submit its 
audited financial data for FYE March 31, 2008, no later than 
September 15, 2009.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Massachusetts Department of Housing and 
Community Development, (MA901), Boston, MA.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the Housing Authority's (HA) fiscal 
year end (FYE) in accordance with the Single Audit Act, and OMB 
Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 20, 2009.
    Reason Waived: The HA, a Section 8 only entity, is requesting 
additional sixty days to submit fiscal year ending (FYE) June 30, 
2008 audit financial information. The HA's waiver request contends 
that the Commonwealth of Massachusetts (Primary Government) audit 
has not been finalized. The HA's auditors place substantial reliance 
upon the audit of the Commonwealth of Massachusetts and, therefore, 
will need additional time for their auditors to perform the 
necessary procedures related to the Primary Government's audit. The 
waiver was granted because housing authorities are unable to submit 
their audited financial information to the Department because the 
Financial Assessment Subsystem electronic submission template is 
being updated and modified to be compliant with asset management. 
The HA is to submit its audited financial date for FYE June 30, 
2008, no later than June 30, 2009.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Rio Arriba County Housing Authority, (NM039), 
Espanola, NM.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE) in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 23, 2009.
    Reason Waived: The HA has requested a waiver of its audited 
financial submissions for fiscal years ending (FYE) June 30, 2006 
and June 30, 2007. The HA contends that their auditor entered all 
the information into the Financial Assessment Subsystem. The waiver 
was approved for FYE 2007 and denied for FYE 2006. The FY2007 
audited financial submission was initially submitted timely; 
However, as a result of a misunderstanding between the HA and the 
auditor, the Corrected audited financial information was not 
electronically submitted to the Department. The waiver was denied 
for FYE 2006 because the audited financial submission was due to the 
Department on March 31, 2007, however the HA did not contract with 
the auditor until June 19, 2007. In addition, the audited financial 
submission for FYE June 30, 2006, was initially submitted to the 
Department on April 15, 2008, which was well past the due date of 
March 31, 2007.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Pasco & 
Franklin, (WA021), Pasco, WA.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE) in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 29, 2009.
    Reason Waived: The HA requested an additional ninety days to 
submit their fiscal year end (FYE) June 30, 2008, audited financial 
information. The HA contends that the state auditor had difficulty 
in delivering his opinion on compliance with the special reporting 
requirements for the major federal programs, as a result of the 
Financial Assessment Subsystem system modifications for asset 
management. Accordingly, the waiver was granted because additional 
time was needed for the HA's auditor to perform the necessary audit 
procedures. The HA is to submit its audited financial data for FYE 
June 30, 2008, no later than July 17, 2009.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority of the City of Goldsboro, 
(NC015), Goldsboro, NC.

[[Page 47607]]

    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE) in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Paula O. Blunt, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 4, 2009.
    Reason Waived: The HA requested additional time to submit its 
fiscal year end (FYE) June 30, 2008, audit financial submission. The 
HA contends that the auditor would not be able to complete the audit 
by the due date as a result of the Financial Assessment Subsystem 
modifications for asset management and other unforeseen 
circumstances. The waiver was granted and the HA is to submit its 
audited financial data for FYE June 30, 2008, no later than July 17, 
2009.
    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202)