Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2009, 69468-69500 [E9-30881]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69468-69500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30881]



[[Page 69467]]

-----------------------------------------------------------------------

Part III





Department of Housing and Urban Development





-----------------------------------------------------------------------



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

Federal Register / Vol. 74 , No. 250 / Thursday, December 31, 2009 / 
Notices

[[Page 69468]]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5324-N-03]


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

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2009 and ending on September 30, 2009.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Office of General Counsel, Department of 
Housing and Urban Development, 451 7th 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 third 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), as revised and updated by the notice issued on December 
17, 2008 (73 FR 76674). In accordance with those procedures and with 
the requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2009 through September 30, 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 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 third quarter of calendar 
year 2009) before the next report is published (the fourth 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: December 23, 2009.
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2009 Through 
September 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 92.500 (d)(1)(C).
    Project/Activity: The City of Port Arthur, Texas requested a waiver 
of its June 30, 2009, deadline for expending more than $31,000 of HOME 
Investment Partnerships program funds. Disruptions caused by hurricanes 
Rita and Ike caused delays in committing and expending HOME funds.
    Nature of Requirement: The HOME regulations at 24 CFR 
92.500(d)(1)(C) require that a participating jurisdiction (PJ) expend 
its annual allocation of HOME funds within five years after HUD 
notifies the PJ that HUD has

[[Page 69469]]

executed the jurisdiction's HOME Investment Partnerships Agreement.
    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 25, 2009.
    Reason Waived: The waiver of the City's FY 2004 HOME expenditure 
deadline ensures that funds necessary for recovery from two major 
disasters are not deobligated.
    Contact: Ms. Virginia Sardone, Deputy Director, Office of 
Affordable Housing Programs, Office of Community and Urban Development, 
Office of Housing and Urban Development, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 7164, Washington, DC 
20410-7000, telephone number (202) 708-2470.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Jamestown, New York, requested a 
waiver of the application deadline.
    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides 
that each eligible HPRP grantee must ensure that its complete 
application is postmarked no later than May 18, 2009, in order to 
receive funding.
    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary 
for Community and Planning Development.
    Date Granted: June 25, 2009.
    Reason Waived: HUD approved the waiver because an extension of the 
application deadline would enable the City of Jamestown to fully 
develop an HPRP program by involving the local Continuum of Care 
partners through the Chautauqua County Homeless Coalition and providing 
adequate notice and opportunity for citizen participation in finalizing 
the Substantial Amendment.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Columbia, South Carolina, requested 
a waiver of the application deadline.
    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides 
that each eligible HPRP grantee must ensure that its complete 
application is postmarked no later than May 18, 2009, in order to 
receive funding.
    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary 
for Community Planning Development.
    Date Granted: June 25, 2009.
    Reason Waived: Due to a recent reorganization of the City's 
Community Development Department, the City was unable to submit a 
Substantial Amendment to its 2008 Consolidated Action Plan by May 18, 
2009, deadline. HUD approved this waiver because the need for the 
waiver was due to an unavoidable administrative barrier. The City hand-
delivered its Amendment to the local Field Office on May 19, 2009.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the State of South Dakota, requested a waiver 
of the application deadline.
    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides 
that each eligible HPRP grantee must ensure that its complete 
application is postmarked no later than May 18, 2009, in order to 
receive funding.
    Granted By: Mercedes Marquez, Assistant Secretary of Community 
Planning and Development.
    Date Granted: July 27, 2009.
    Reason Waived: HUD presented additional clarifications on the HPRP 
program during the time the State held its public comment period for 
its Substantial Amendment. In response to HUD clarifications, the State 
initiated modifications to its Substantial Amendment and invited public 
comments on its modified Amendment. The State requested an extension of 
the submission deadline in order to fully develop the HPRP program in 
light of HUD's clarifications and to provide adequate notice and 
opportunity for citizen participation in finalizing the Substantial 
Amendment. HUD granted the requested waiver upon this showing of good 
cause.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Portland, Oregon requested a waiver 
of the limitation on eligible subgrantees in order to subgrant HPRP 
funds to a local public housing authority (PHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 27, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure PHA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing the PHA as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) the PHA has 
proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing

[[Page 69470]]

Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Mobile, Alabama requested a waiver of 
the limitation on eligible subgrantees in order to subgrant HPRP funds 
to a local public housing authority (PHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure Housing Authority 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the Housing Authority as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) the Housing Authority has proven capacity to 
serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Saginaw, Michigan, requested a 
waiver of the resubmission deadline.
    Nature of Requirement: Section IV.F.2 of the HPRP Notice provides 
that each eligible HPRP grantee may revise and resubmit an application 
that HUD has disapproved within 15 days of the date that it was 
notified of the disapproval.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2009.
    Reason Waived: On June 18, 2009, HUD disapproved the City's 
submission of the Substantial Amendment to the Consolidated Plan 2008 
Action Plan for HPRP because it was not responsive to one question. The 
revision was due on July 3, 2009, but the City indicated that the mayor 
is the authorized representative for the application and was 
unavailable to sign the grantee's revised Substantial Amendment for 
HPRP by the due date of July 3, 2009. The city submitted its revision 
on July 8, 2009. HUD approved this waiver because the need for the 
waiver was due to an unavoidable administrative barrier.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, County of Riverside, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to a local public housing authority (PHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will be selected in a manner that will ensure PHA 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the PHA as a subgrantee will result in an 
efficient and effective program that benefit HPRP participants; and (3) 
the PHA has proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, County of Los Angeles, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Los Angeles Homeless Services Authority (LAHSA).
    Nature of Requirement: Subsections III.B. and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 6, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will continue to be selected in a fair process; (2) 
utilizing LAHSA as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) LAHSA has 
the capacity to implement an HMIS to serve homeless families.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Oceanside, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Housing Authority of the City of Oceanside.
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.

[[Page 69471]]

    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 6, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure Housing Authority 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the Housing Authority as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) the Housing Authority has proven capacity to 
serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Los Angeles, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Los Angeles Homeless Services Authority (LAHSA) and 
the Housing Authority of the City of Los Angeles (HACLA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: August 6, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure HACLA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing LAHSA and HACLA as a subgrantee will result in an efficient 
and effective program that benefits HPRP participants; and (3) LAHSA 
and HACLA have proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Riverside, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Housing Authority of the County of Riverside (HACR).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 6, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure HACR residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing the HACR as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) HACR has 
proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, County of San Diego, California requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Housing Authority of the County of San Diego.
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 6, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure Housing Authority 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the Housing Authority as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) the Housing Authority has proven capacity to 
serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Programs, 
Office of Community Planning and Development, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 
20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, County of Sonoma, California requested a waiver 
of the limitation on eligible subgrantees in order to subgrant HPRP 
funds to Sonoma County Housing Authority (SCHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that Metropolitan Cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 11, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will be selected in a manner that will ensure SCHA 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing SCHA as a subgrantee will result in an 
efficient and effective

[[Page 69472]]

program that benefits HPRP participants; and (3) SCHA has proven 
capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Boise, Idaho requested a waiver of the 
limitation on eligible subgrantees in order to subgrant HPRP funds to 
the Boise City/Ada County Housing Authority (BC/ACHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provide that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 11, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure BC/ACHA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing BC/ACHA as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) BC/ACHA has 
proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Compton, California requested a waiver 
of the limitation on eligible subgrantees in order to subgrant HPRP 
funds to the Compton Housing Authority.
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community and 
Planning Development.
    Date Granted: August 11, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure Housing Authority 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the Housing Authority as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) the Housing Authority has proven capacity to 
serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Jackson, Mississippi requested a waiver 
of the limitation on eligible subgrantees in order to subgrant HPRP 
funds to the Jackson Housing Authority.
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community and 
Planning Development.
    Date Granted: August 11, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure Housing Authority 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the Housing Authority as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) the Housing Authority has proven capacity to 
serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the Town of Union, New York, requested a waiver 
of the resubmission deadline.
    Nature of Requirement: Section IV.F.2 of the HPRP Notice provides 
that each eligible HPRP grantee may revise and resubmit an application 
that HUD has disapproved within 15 days of the date that it was 
notified of the disapproval.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 12, 2009.
    Reason Waived: The Town of Union requested an additional 15 days to 
submit a new application meeting HUD's program requirements. HUD 
determined that there was good cause for waiving the 15-day 
resubmission deadline based on the following: The Town of Union 
submitted a Substantial Amendment by the May 18, 2009, application 
submission deadline, which proposed using all HPRP funds to purchase 
furnaces for low-income elderly homeowners. On May 14, 2009, the Town 
of Union also requested a waiver of any prohibition on funding this 
kind of activity. On July 2, 2009, HUD wrote to the Town of Union 
indicating that its request for a waiver of the eligible activities 
under the Notice was still under review. On July 9, 2009, the Town of 
Union requested an additional 15 days to resubmit an approvable 
application containing eligible activities should HUD both disapprove 
its application and deny its waiver request. On July 14, 2009, HUD: (1) 
Disapproved the HPRP application based upon the ineligibility of the 
proposed funding of furnaces for elderly

[[Page 69473]]

people; and (b) denied the request for a waiver of the Notice's 
eligible activity standards to permit the funding of furnaces for 
elderly persons. The timing of HUD's application disapproval and the 
denial of the waiver request came too late for the Town of Union to 
effectively revise and resubmit a new HPRP application within the 
remaining time available under the original 15-day resubmission period.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, City of Lima, Ohio requested a waiver of the 
limitation on eligible subgrantees in order to subgrant HPRP funds to 
the Allen Metropolitan Housing Authority (AMHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 20, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure AMHA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing AMHA as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) AMHA has 
proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, County of McHenry, Illinois requested a waiver 
of the limitation on eligible subgrantees in order to subgrant HPRP 
funds to the McHenry County Housing Authority (MCHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 20, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will be selected in a manner that will ensure MCHA 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing MCHA as a subgrantee will result in an 
efficient and effective program that benefits HPRP participants; and 
(3) MCHA has proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, Cumberland County, requested a waiver of the 
limitation on eligible subgrantees in order to subgrant HPRP funds to 
the Housing Authority of Cumberland County, Pennsylvania.
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 24, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will be selected in a manner that will ensure Housing 
Authority residents are not unfairly selected over other eligible 
individuals and families; (2) utilizing the Housing Authority as a 
subgrantee will result in an efficient and effective program that 
benefits HPRP participants; and (3) the Housing Authority has proven 
capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the State of Arizona, Arizona Department of 
Housing (ADOH), requested a waiver in order to retain and use HPRP 
funds for administering the Homeless Management Information System 
(HMIS) as required by the Recovery Act.
    Nature of Requirement: Subsection III.A of the HPRP Notice provides 
that a State grantee must make available all of its formula allocation, 
except for an appropriate share of funds for administrative costs, to 
units of general local government and private nonprofit organizations 
in the State to carry out all eligible activities.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 8, 2009.
    Reason Waived: The State provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) the HMIS is already 
in place; (2) the HMIS is administered by ADOH; and (3) the alternative 
proposal of utilizing a fee structure to administer HMIS and meet the 
requirements in the Recovery Act would impose additional administrative 
burdens for the State.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community

[[Page 69474]]

Planning and Development, Department of Housing and Urban Development, 
451 Seventh Street, SW., Room 7262, Washington, DC 20410-7000, 
telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Kentucky Housing Corporation (KHC), acting on 
behalf of the Homelessness Prevention and Rapid Re-Housing Program 
(HPRP) grantee, the State of Kentucky, requested a waiver in order to 
retain and use HPRP funds for administering the Homeless Management 
Information System (HMIS) as required by the Recovery Act.
    Nature of Requirement: Subsection III.A of the HPRP Notice provides 
that a State grantee must make available all of its formula allocation, 
except for an appropriate share of funds for administrative costs, to 
units of general local government and private nonprofit organizations 
in the State to carry out all eligible activities.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 8, 2009.
    Reason Waived: KHC provided sufficient information for HUD to grant 
the waiver on the basis of the following: (1) The HMIS is already in 
place; (2) the HMIS is administered by KHC; and (3) the alternative 
proposal of utilizing a fee structure to administer HMIS and meet the 
requirements in the Recovery Act would impose additional administrative 
burdens for KHC.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number 202-708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, Horry County, South Carolina, requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Conway Housing Authority (CHA) and the Myrtle Beach 
Housing Authority (MBHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning Development.
    Date Granted: September 8, 2009.
    Reason Waived: The County provided sufficient information for HUD 
to grant the waiver on the basis of the following: (1) HPRP 
participants will be selected in a manner that will ensure CHA and MBHA 
residents are not unfairly selected over other eligible individuals and 
families; (2) utilizing the CHA and MBHA as subgrantees will result in 
an efficient and effective program that benefits HPRP participants; and 
(3) CHA and MBHA have proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

     Regulation: Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees under the American Recovery and Reinvestment Act of 
2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Tacoma, Washington requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Pierce County Housing Authority (PCHA).
    Nature of Requirement: Subsections III.B and III.C of the HPRP 
Notice provides that metropolitan cities, urban counties, and 
territories may distribute all or part of their grant amounts to 
private non-profit organizations or another local government.
    Granted By: Mercedes Marquez, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 30, 2009.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: (1) HPRP participants 
will be selected in a manner that will ensure PCHA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing the PCHA as a subgrantee will result in an efficient and 
effective program that benefits HPRP participants; and (3) PCHA has 
proven capacity to serve homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

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.
    Project/Activity: Property Flipping, Atlanta, GA.
    Nature of the Requirement: FHA's property flipping regulation 
restricts the eligibility for FHA mortgage insurance, for those 
properties purchased and re-sold within 90 days. The regulation exempts 
government entities and nonprofits approved to purchase HUD real estate 
owned (REO) properties; however, the restriction still exists for 
private entities and especially those working on behalf of local 
governments under the Neighborhood Stabilization Program. The waiver 
request is to exempt a private entity working on behalf of a local 
government for the Neighborhood Stabilization Program.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 14, 2009.
    Reason Waived: The regulation was waived to allow for purchase and 
resale of REO properties within 90 days under the Neighborhood 
Stabilization Program, which furthers the purposes of this program 
which is designed to stabilize neighborhoods through the purchase of 
abandoned and foreclosed homes.
    Contact Person(s): Ralph Jackson, Real Estate Owned Division, 
Atlanta Homeownership Center, Office of Housing, Department of Housing 
and Urban Development, 40 Marietta Street, Atlanta, GA 30303, telephone 
(678) 732-2153. Kevin Shearer, Field Review Branch 1, Atlanta 
Homeownership Center, Office of Housing, Department of Housing and 
Urban Development, 40 Marietta Street, Atlanta, GA 30303, telephone 
(678) 732-2161.

     Regulation: 24 CFR 203.43f.
    Project/Activity: Federal Emergency Management Agency (FEMA)

[[Page 69475]]

designated Flood Hazard Areas in the State of Louisiana.
    Nature of the Requirement: The National Flood Insurance Program 
(NFIP) installation requirements for manufactured homes and the flood 
hazard regulations for one and two single family dwellings are less 
onerous than the flood hazard regulations for manufactured homes found 
at 24 CFR 203.43f, which specify that the finished grade beneath the 
manufactured home must be at or above the 100 year return frequency 
flood elevation. Extending the waiver to 24 CFR 203.43f permits 
manufactured homes that are located in FEMA designated flood hazard 
areas to be in compliance with the less onerous NFIP requirements and 
serves to assist in the reconstruction of homes impacted by Hurricane 
Katrina in the State of Louisiana.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: August 11, 2009.
    Reason Waived: Extending the waiver to 24 CFR 203.43f permits 
manufactured homes that are located in FEMA designated flood hazard 
areas to be in compliance with the less onerous NFIP requirements and 
serves to assist in the reconstruction/replacement of homes impacted by 
Hurricane Katrina in the State of Louisiana with an affordable housing 
type.
    Contact: Joanne Kuczma, Director, Office of Single Family Program 
Development, Home Mortgage Insurance Division, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street, SW. 
Washington, DC 20410-8000, telephone 202-402-2137.

     Regulation: 24 CFR 206.32(a).
    Project/Activity: The waiver is applicable to certain borrowers in 
the State of Maine under FHA's Home Equity Conversion Mortgage (HECM) 
Program.
    Nature of Requirement: FHA's regulation 24 CFR 206.23(a) require 
that there be no outstanding or unpaid obligations, incurred by the 
HECM mortgagor, in connection with the HECM transaction. The borrowers 
obtained a negotiated short payoff on their forward mortgage from their 
existing lender, CitiFinancial. They are seeking HECM financing which 
will be used to satisfy their existing mortgage and outstanding 
judgments. The HECM lender, American Home Bank, worked with Maine 
Stream Finance, a Community Development Financial Institution, in order 
for the homeowners to obtain subordinate financing, enabling them to 
satisfy certain financial obligations, and, in turn, close the HECM 
transaction and save their home from foreclosure.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 10, 2009.
    Reason Waived: The regulation was waived to prevent the borrowers 
from losing their home through foreclosure.
    Contact: Kathy Hardy, Home Valuation Policy Division, Office of 
Single Family Program Development, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 9241, 
Washington, DC 20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 219.220(b)(1995), 24 CFR Part 
219.320(1995) and 24 CFR 219.335(a) (1995).
    Project/Activity: Lakeview Towers, Chicago, Illinois--FHA Project 
Number 071-10021/071-35743. The property has 500 units comprised of two 
25-story high rise towers. The property is in need of rehabilitation to 
continue as a well-maintained source of affordable housing.
    Nature of Requirement: Section 219.220(b) (1995) of FHA's 
regulations, which governs the repayment of operating assistance 
provided under the Flexible Subsidy Program for Troubled Projects prior 
to May 1, 1996, states: ``Assistance that has been paid to a project 
owner under this subpart must be repaid at the earlier of the 
expiration of the term of the mortgage, termination of these actions 
would typically terminate FHA involvement with the property, and the 
Flexible Subsidy loan would be repaid, in whole, at that time.''
    Section 219.320 (1995) of FHA's regulation entitled ``Loan terms 
and conditions'' will continue to govern the rights and obligations of 
housing owners, tenants and [HUD] with respect to units and projects 
assisted under the Flexible Subsidy Program * * *'' The regulation 
applies to capital improvement loans made pursuant to Section 201(k) of 
the Housing and Community Development Amendments of 1978.
    Section 219.335(a) (1995) of FHA's regulation entitled 
``Operations'' provides that interest on the capital improvement loan 
starts to accrue and the loan amortization period begins when the loan 
proceeds have been spent.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: August 24, 2009.
    Reason Waived: This regulatory waiver was granted to preserve this 
much needed affordable housing. The owners of Lakeview Towers proposed 
to extend the term for repayment of the Flexible Subsidy loans for 3 
years to match the term of the new section 241(a) loan and make capital 
improvements to the property. These waivers were allowed because, 
without them, the owner would not have had the necessary funds to 
perform needed fa[ccedil]ade repairs and rehabilitation of a portion of 
the kitchen and bathrooms in the property. Providing these waivers 
allowed the owner to obtain financing to perform substantial 
rehabilitation of the property and allow the amortization of the 
flexible subsidy loan with the new section 241(a) loan.
    Contact: Howard D. Mayfield, Deputy Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410-
8000, telephone (202) 708-3730.

     Regulation: 24 FR 290.30(a).
    Project/Activity: Park Lee Apartments, Phoenix, Arizona--FHA 
Project Number 123-35418. This insured loan went into default and was 
assigned to HUD. Waiver of this regulation allowed the City of Phoenix 
to purchase this defaulted, unsubsidized mortgage loan on a 
noncompetitive basis.
    Nature of Requirement: FHA's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to State or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 7, 2009.
    Reason Waived: This regulation was waived in order to allow the 
sale of Park Lee Apartments to the City of Phoenix, thereby preventing 
foreclosure of the property. The city plans to become the managing 
member of the current owner entity and work with it to infuse funds to 
complete rehabilitation, thus making the property an asset to the 
community and preserving its affordability.
    Contact: Howard D. Mayfield, Deputy Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410-
8000, telephone (202) 708-3730.


[[Page 69476]]


     Regulation: 24 CFR 290.30(a).
    Project/Activity: Washington Manor Apartments, Memphis, Tennessee--
FHA Project Number 081-35245. This was an unsubsidized project which 
went into default and was assigned to HUD. The City of Memphis had 
expressed interest in purchasing the mortgage and alleviating impending 
foreclosure proceedings.
    Nature of Requirement: FHA's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to State or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 7, 2009.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Washington Manor Apartments to the City of 
Memphis, thereby preventing foreclosure of the property. Waiver of this 
requirement would preserve this much needed low income housing resource 
and reduce the number of loans in the HUD-Held mortgage inventory.
    Contact: Howard D. Mayfield, Deputy Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410-
8000, telephone (202) 708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Phyllis Wheatley Apartments, Washington, DC--FHA 
Project Number 000-35418. This property went into default and was part 
of the HUD-Held inventory. The District of Columbia DHCD had expressed 
an interest in purchasing the property. Waiver of this regulation 
allowed the sale of this delinquent, unsubsidized mortgage to the 
District of Columbia.
    Nature of Requirement: FHA's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to State or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 7, 2009.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Phyllis Wheatley Apartments to the District of 
Columbia and prevent foreclosure of the property. Waiver of this 
requirement would produce budget savings by generating proceeds to the 
U.S. Treasury and assure that the Phyllis Wheatley facility is 
transformed into a viable and productive housing facility for eligible 
occupants in the District of Columbia.
    Contact: Howard D. Mayfield, Deputy Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410-
8000, telephone (202) 708-3730.

     Regulation: 24 CFR 290.30(a) and 24 CFR 290.35(b)(2).
    Project/Activity: John C. Cannon House Apartments, Seattle, 
Washington. This property went into default and was part of the HUD-
Held inventory. The City of Seattle had expressed an interest in 
purchasing the property. Waiver of this regulation allowed the sale of 
this delinquent, unsubsidized mortgage to the City of Seattle.
    Nature of Requirement: FHA's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to State or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Section 290.35(b)(2) governs the sale of delinquent mortgages 
securing subsidized projects, ``(1) However, delinquent mortgages will 
not be sold if: (1) HUD believes that foreclosure is unavoidable; and 
(2) the project securing the mortgage is occupied by very low-income 
tenants who are not receiving housing assistance and would be likely to 
pay rent in excess of 30 percent of their adjusted monthly income if 
HUD sold the mortgage.''
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 24, 2009.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of John C. Cannon House Apartments to the City of 
Seattle. Waiver of this requirement would produce budget savings by 
generating proceeds to the U.S. Treasury, reduce the number of notes in 
the HUD-Held mortgage inventory and prevent the loss of assisted living 
units for families that might take place if a profit-motivated investor 
were to buy the note and foreclose.
    Contact: Howard D. Mayfield, Deputy Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410-
8000, telephone (202) 708-3730.

     Regulation: 24 CFR 290.30(a) and 24 CFR 290.33.
    Project/Activity: Grove Parc Apartments, Chicago, Illinois--FHA 
Project Number 071-11091. This property went into default and was part 
of the HUD-Held inventory. The City of Chicago had expressed an 
interest in purchasing the property. Waiver of this regulation allowed 
the sale of this delinquent, unsubsidized mortgage to the City of 
Chicago.
    Nature of Requirement: FHA's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in Section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to State or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Section 290.33 governs the sale of delinquent mortgages securing 
subsidized projects, only if (a) the mortgages are restructured, and 
(b) either FHA mortgage insurance or equivalent protections are 
provided.
    Granted by: David H. Stevens, Assistant Secr