Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2009, 12777-12790 [2010-5811]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12777-12790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5811]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5324-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
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 October 1, 2009 and ending on December 31, 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 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 fourth 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 
October 1, 2009 through December 31, 2009. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the fourth quarter of 
calendar year 2009) before the next report is published (the first 
quarter of calendar year 2010), HUD will include any additional waivers 
granted for the fourth quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.


[[Page 12778]]


    Dated: March 11, 2010..
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development--October 1, 2009 Through 
December 31, 2009

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

    The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the Office of Community Planning 
and Development.

II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 58.22(a).
    Project/Activity: Beyond Housing of St. Louis, MO, advised of 
using HUD Economic Development Initiative Special Project (EDI-SP) 
funds to implement the Pagedale Community Development Initiative, 
the initial phase of which consists of construction of a 17,000 
square foot grocery store, related site improvements, and, in early 
2010, construction of a 4-story building that will have 10,000 
square feet of retail space and 40 units of senior housing. The 
development site (approximately 2.7 acres) will require demolition 
of six single-family houses, three businesses and one church. All 
structures are currently vacant. Subsequent to the March 11, 2009 
appropriation containing the EDI-SP, but prior to the release of 
funds from HUD, Beyond Housing and/or its development partners 
undertook multiple, legal commitments for acquisition, demolition 
and leasing.
    Nature of Requirement: The regulation in 24 CFR 58.22(a) 
requires that an environmental review be performed and a Request for 
Release of Funds be completed and certified prior to the commitment 
of non-HUD funds to a project using HUD funds.
    Granted By: Mercedes M. Marquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: November 19, 2009.
    Reason Waived: The waiver was granted based on the following 
findings: the above project will further the objective of providing 
community development; no HUD funds were committed; and based on the 
environmental assessment and HUD field inspection, granting a waiver 
will not result in any unmitigated, adverse environmental impact 
provided that Beyond Housing implements the conditions described in 
the St. Louis County's Environmental Assessment and the project 
obtains an approved release of funds.
    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: Cowlitz Indian Tribe of Longview, WA submitted 
an application for Indian Community Development Block Grant (ICDBG) 
funds in June, 2007 to demolish an existing health clinic facility 
and construct a new health clinic. After submission of the ICDBG 
application, but prior to release of funds by HUD, the Cowlitz 
Indian Tribe demolished the existing structure and entered into a 
construction contract for the new facility.
    Nature of Requirement: The regulation in 24 CFR 58.22(a) 
requires that an environmental review be performed and a Request for 
Release of Funds be completed and certified prior to the commitment 
of non-HUD funds to a project using HUD funds.
    Granted By: Mercedes M. Marquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: October 13, 2009.
    Reason Waived: The waiver was granted based on the following 
findings: the above project will further the HUD program goal, 
specifically the expansion of affordable health care for low-income 
tribal members; the errors made in the environmental process for the 
commitment of non-HUD funds were made in good faith and Cowlitz 
Indian Tribe 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 will not 
result in any unmitigated, adverse environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, 
Office of Community Planning and Development, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 7250, 
Washington, DC 20410-7000, telephone (202) 402-4442.
     Regulation: 24 CFR 84.32.
    Project/Activity: AIDS Alabama in Birmingham, AL sought to sell 
two properties that were plagued with vandalism. The organization 
reported that the cost of the repairs would exceed the value of the 
properties and a more cost effective use of such resources has been 
identified. The organization reported that disposition proceeds from 
the sale of the two properties would be retained and used to meet 
the critical housing needs of HOPWA eligible clients at other 
project sites.
    Nature of Requirement: Section 84.32 of HUD's regulation 
prescribes requirements for recipients concerning the use and 
disposition of real property acquired in whole or in part under 
funding awards. A waiver of 84.32, or more specifically 84.32(c), 
which specifies HUD's disposition requirements, was required because 
the nonprofit did not wish to compensate HUD under paragraphs (c)(1) 
or (c)(2), or to transfer title under paragraph (c)(3). Whenever 
real property is no longer needed, the disposition requirements of 
paragraphs (c)(1) through (c)(3) come into play and the sales 
proceeds from those properties go into a miscellaneous Treasury 
account. Since AIDS Alabama wanted to retain the sales proceeds to 
fill a local HIV/AIDS housing need, the funds would not be used to 
``compensate'' HUD within the meaning of 84.32(c).
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: October 26, 2009.
    Reason Waived: The structures were no longer needed to carry out 
the objectives of the original HOPWA projects for which they were 
acquired. Pursuant to this waiver, disposition proceeds from the 
sale of the two properties are to be retained by the HOPWA service 
provider, AIDS Alabama, and used to meet the critical housing needs 
of HOPWA eligible clients in the Alabama Rural AIDS project. This 
funding is to be reported, utilized and dedicated to the project in 
a manner consistent with HOPWA program, as defined at 24 CFR 84.24.
    Contact: David Vos, Director, Office of HIV/AIDS Housing, Office 
of Community Planning and Development, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 7276, Washington, 
DC 20410-7000, telephone (202) 708-1590.
     Regulation: 24 CFR 92.214(a)(6).
    Project/Activity: The Kansas Housing Resources Corporation of 
Topeka, KS requested a waiver to permit it to provide additional 
HOME funds to rehabilitate three previously assisted projects that 
fell into physical disrepair due to capacity problems with the 
nonprofit owner.
    Nature of Requirement: The HOME regulations at 24 CFR 
92.214(a)(6) prohibit, except for the 12 months following project 
completion, the provision of additional HOME assistance to projects 
that were previously assisted with HOME funds during the period of 
affordability established by the participating jurisdiction.
    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: December 17, 2009.
    Reason Waived: HUD approved the waiver request because it 
determined that the Participating Jurisdiction exercised due 
diligence in addressing compliance issues and because the additional 
HOME investment would ensure the long-term viability of the project 
as affordable housing.
    Contact: Ms. Virginia Sardone, Deputy Director, Office of 
Affordable Housing Programs, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7164, 
Washington, DC 20410-7000, telephone (202) 708-2470.
     Regulation: 24 CFR 92.214(a)(6).
    Project/Activity: The City of Cincinnati, OH requested a waiver 
to invest additional HOME funds in a project previously-assisted 
with HOME funds and to reduce the period of affordability for the 
project. The City originally imposed a period of affordability of 
31.5 years, of which nearly 22 years remained. The project was 
undergoing

[[Page 12779]]

financial restructuring through the Mark-to-Market process. The City 
proposed investing an additional $1,000,000 of HOME funds to 
rehabilitate the 651-unit project and impose a new affordability 
period of 5 years.
    Nature of Requirement: The HOME regulations at 24 CFR 
92.214(a)(6) prohibits, except for the 12 months following project 
completion, the provision of additional HOME assistance to projects 
that were previously assisted with HOME funds during the period of 
affordability established by the participating jurisdiction.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: November 3, 2009.
    Reason Waived: In 1998, the City provided a $1,000,000 HOME 
rehabilitation loan to Fay Apartments. The written agreement 
designated 651 HOME-assisted units and imposed a period of 
affordability of 31.5 years, which exceeded the 5-year minimum 
required by the HOME regulations. HUD approved the waiver request 
because it determined that the additional HOME investment would 
stabilize the HOME-assisted units and ensure the long-term viability 
of the project as affordable housing. However, HUD did not approve 
the City's request to reduce the affordability period to 5 years. 
The City must maintain HOME affordability restrictions on the 
property for the remainder of the original 31.5-year affordability 
period.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 7158, Washington, DC 
20410-7000, telephone 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 of 2009), issued March 19, 
2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Alhambra, 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: Nelson R. Bregon. General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: October 23, 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 LAHSA residents are not unfairly selected over other eligible 
individuals and families; (2) utilizing LAHSA as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) LAHSA 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 (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 of 2009), issued March 19, 
2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Huntington Park, 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: Nelson R. Bregon. General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: October 23, 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 LAHSA residents are not unfairly selected over other eligible 
individuals and families; (2) utilizing LAHSA as a subgrantee will 
result in an efficient and effective program that benefits HPRP 
participants; and (3) LAHSA 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 (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 of 2009), issued March 19, 
2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the Metropolitan Government of Nashville and 
Davidson County, Tennessee, 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: October 26, 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 
Programs, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
7262, Washington, DC 20410-7000, telephone (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 of 2009), issued March 19, 
2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Newport News, Virginia, 
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: December 7, 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 
Programs, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
7262, Washington, DC 20410-7000, telephone (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 of 2009), issued March 19, 
2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, the City of Fresno, 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.

[[Page 12780]]

    Granted By: Mercedes Marquez. Assistant Secretary for Community 
Planning and Development.
    Date Granted: December 7, 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 
Programs, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
7262, Washington, DC 20410-7000, telephone (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 200.926d(f)(1)(i) and (2)(i).
    Project/Activity: This waiver was granted for new construction 
properties located in the following Boroughs in the State of Alaska; 
Juneau, Mantanuska-Susitna, Anchorage, Bethel, North Slope (Barrow), 
Fairbanks (North Star and Southeast), and the Kenai Peninsula that 
utilize alternative water supply systems, such as Cisterns used in 
conjunction with hauled/purchased water.
    Nature of Requirement: FHA's Minimum Property Standards (MPS) 
regulations governing new construction for single-family dwellings, 
found at 24 CFR 200.926d(f)(1)(i) and (2)(i) provide that to be 
eligible for FHA insurance, each living unit within a newly 
constructed single-family residential property should be capable of 
delivering a flow of 5 gallons per minute (gpm) over a 4-hour period 
in order to provide a continuing and sufficient supply of safe water 
under adequate pressure and appropriate quality for household use. 
Under these regulatory requirements water supply systems that 
utilize water holding tanks, cisterns, and similar alternative 
devices are not considered acceptable.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 6, 2009.
    Reason Waived: Granting the waiver enabled lenders to provide 
FHA financing to homebuyers of new construction single family 
housing in the boroughs Juneau, Mantanuska-Susitna, Anchorage, 
Bethel, North Slope (Barrow), Fairbanks (North Star and Southeast), 
and the Kenai Peninsula where it is not feasible to procure water 
from conventional water supply systems.
    Contact: Danny Mendez, Director, Processing and Underwriting 
Division, Department of Housing and Urban Development, Santa Ana 
Homeownership Center, 34 Civic Center Plaza, Santa Ana, CA 92701, 
telephone (714) 796-1200.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Homes of Oakridge (Polk County), Des Moines, 
Iowa--FHA Project Number 074-44015-SHM-LPA-NP-R-L8. The owner 
requested to defer repayment of the Flexible Subsidy loans on this 
project to enable the project to be revitalized.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
govern the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 10, 2009.
    Reason Waived: Granting the waiver allowed the owner to amortize 
the flexible subsidy debt with a newly financed mortgage. The owner 
is exempt from the requirement to re-pay the Flexible Subsidy 
Operating Assistance Loans upon prepayment/refinancing of the 
Section 236 mortgage loan. The existing Flexible Subsidy loans were 
recast and are to be repaid over the 30-year term of the new 
financing from available surplus cash. Granting the waiver allowed 
the property to be recapitalized, thereby maintaining the 
preservation of 150 units of affordable housing.''
    Contact: Robert G. Iber, Acting 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 219.220(b).
    Project/Activity: Halfway Manor Apartments, Hagerstown, 
Maryland--FHA Project Number 052-44114. The project owner requested 
deferment of repayment of the Residual Receipts Note in connection 
with a 236(e)(2) Decoupling proposal. Granting of the waiver would 
allow recapitalization of the IRP subsidy for rehabilitation of the 
property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 22, 2009.
    Reason Waived: Granting the waiver permitted the repayment of 
the existing Section 236(e)(2) mortgage with a new permanent first 
mortgage and capitulation of the Interest Reduction Payment subsidy 
which will provide funds to rehabilitate and service the loan, pay 
the principal portion of the Residual Receipts note and assume the 
balance plus accumulated accrued interest. Granting the waiver also 
allowed the property to continue as a well-maintained source of 
affordable housing.
    Contact: Barbara Chiapella, Acting 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 219.220(b).
    Project/Activity: Martin Luther King a.k.a. Marcus Garvey Square 
Cooperative Apartments, San Francisco, California--FHA Project 
Number 121-35654. The project owner requested deferment of repayment 
of Flexible Subsidy loans on this project because the project had 
not generated sufficient cash flow for immediate repayment of the 
loan.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 14, 2009.
    Reason Waived: Granting the waiver allowed the owner to prepay 
the existing mortgage without requiring the balance of the Flexible 
Subsidy loan to be repaid upon prepayment of the mortgage. Granting 
of the waiver also allowed the property to be able to obtain 
financing for improvements and repairs and to remain as a 
cooperative and as affordable housing for 45 years.
    Contact: Robert G. Iber, Acting 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 219.220(b).
    Project/Activity: Rich Park Apartments, Raleigh, North 
Carolina--FHA Project Number 053-35011. The project owner requested 
deferment of repayment of the Flexible Subsidy loans on this project 
because the project had not generated sufficient cash flow to pay 
off the loan when the mortgage matures.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 12781]]

    Date Granted: December 2, 2009.
    Reason Waived: Granting the waiver allowed the owner to prepay 
the existing mortgage without requiring the balance of the Flexible 
Subsidy loan to be repaid upon maturity of the mortgage. Granting 
the waiver also allowed the property to be able to make improvements 
and much needed repairs, and subsequently be a well-maintained 
source of affordable housing in Raleigh, North Carolina.
    Contact: Robert G. Iber, Acting 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 219.220(b).
    Project/Activity: Birch Run Cooperative, Romulus, Michigan--FHA 
Project Number 044-55178/79. The project owner requested deferment 
of repayment of Flexible Subsidy loans on this project because the 
project had not generated sufficient cash flow for repayment of the 
loan upon its impending maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 21, 2009.
    Reason Waived: Granting the waiver allowed the owner to prepay 
the existing mortgage, obtain financing to improve and repair the 
property and allow the amortization of the Flexible Subsidy loan 
with the new mortgage. Granting the waiver also allowed the property 
to remain a well-maintained source of affordable housing for the 
Romulus, Michigan area.
    Contact: Robert G. Iber, Acting 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 219.220(b).
    Project/Activity: High Park Terrace Apartments, Newark, New 
Jersey--FHA Project Number 031-55032. The project owner requested 
deferment of repayment of Flexible Subsidy loans. The project was 
unable to meet its obligations as of the date of the request. Waiver 
of the regulation would avoid foreclosure of the project.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 21, 2009.
    Reason Waived: Granting the waiver of this regulation allowed 
the owner to prepay the existing mortgage, obtain financing to carry 
on its current obligations, improve and repair the property and 
allow the amortization of the Flexible Subsidy loan with the new 
mortgage. Granting the waiver also allowed the property to remain a 
well-maintained source of affordable housing for the Newark, New 
Jersey area.
    Contact: Robert G. Iber, Acting 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 219.220(b).
    Project/Activity: Des Moines Area Council of Church Homes, Des 
Moines, Iowa--FHA Project No. 074-35003-LPA-NP-SUP-R. The project 
owner requested deferment of the repayment of the Flexible Subsidy 
Operating Assistance loans on this property because the property did 
not possess resources to repay the loan upon its maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, 
and states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy loan would be repaid, in whole, at that time.''
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 10, 2009.
    Reason Waived: Granting the waiver permitted the owner to prepay 
the existing mortgage, sell the project and obtain financing to 
rehabilitate the property and allow the repayment of the Flexible 
Subsidy loans over the term of the new mortgage loan. Granting the 
waiver also allowed the property to continue as a well-maintained 
source of affordable housing.
    Contact: Robert G. Iber, Acting 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 232.3.
    Project/Activity: Central Tampa Assisted Living, Tampa, Florida.
    Nature of Requirement: HUD's regulations at 24 CFR 232.3 provide 
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 
the bathroom access from any bedroom or sleeping area must not pass 
through a public corridor or area.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 7, 2009.
    Reason Waived: In this project, resident bathing is accomplished 
utilizing bathing aides and a shower schedule. Due to their dementia 
diagnosis, residents can be resistive to care, but with the 
assistance of bathing aides and a regular shower schedule, the 
facility is able to ensure that residents are receiving the proper 
care. The shower rooms feature individual private cubicles and are 
used to bathe residents with assistance of aides on a daily basis. 
The administrator reported that the number of existing showers is 
sufficient for residents to bathe, and that it is a top priority to 
ensure that residents are clean and healthy.
    The current design and bathroom layout do not appear to present 
a marketing concern for the facility. As of the request of the 
waiver, the facility reported 93.0 percent occupancy as of October 
21, 2009, and historical occupancy was consistently been above 90.0 
percent.
    Contact: Mark Williams, Housing Program Manager, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 2247, Washington, DC 20410-8000, telephone (202) 
402-7168.
     Regulation: 24 CFR 236.2.
    Project/Activity: Cokesbury Gardens Apartments, Greenwood, South 
Carolina--FHA Project Number 054-44037. The owner requested 
permission to waive the definition of family in the regulation to 
permit rental of 15 vacant units at the property to a local 
university.
    Nature of Requirement: Section 236.2 of HUD's regulations, as 
preserved in 1995, governs the leasing of available units to 
qualified tenants, and states in part: ``Family. Two or more persons 
related by blood, marriage, or operation of law, who occupy the same 
dwelling unit.'' The units will be occupied by unrelated parties.''
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 7, 2009.
    Reason Waived: The property was experiencing a high vacancy rate 
of 28 percent and cash flow problems, with no waiting list. The 
local university proposed to rent the 15 vacant units at the market 
rate. Waiver of this regulation allowed the project to rent to 
students, thereby allowing it to operate successfully and achieve 
full occupancy. Had the waiver not been granted, the property would 
have defaulted on its mortgage.
    Contact: Edward J. Hinsberger, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 
20410-8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Crossway Tower, Lee, MA, Project Number: 023-
EE212/MA06-S071-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 12782]]

    Date Granted: October 2, 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., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lafayette Court, Palantine Bridge, NY, Project 
Number: 014-EE264/NY06-S061-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 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 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: DAHC Housing III, Denton, TX, Project Number: 
113-HD036/TX16-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 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., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: North East Manor, Erie, PA, Project Number: 
033-EE135/PA28-S081-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 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., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mulford Apartments, Rockford, IL, Project 
Number: 071-HD160/IL06-Q081-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 25, 2009.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: High Street Homes, Elkton, MD, Project Number: 
052-HD076/MD06-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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Fraser Hopkins Court, Hopkins, MN, Project 
Number: 092-HD072/MN46-Q081-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 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., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Sheldon Terrace Apartments, New Haven, CT, 
Project Number: 017-HD040/CT26-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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Enola A. Dew Village Apartments, Chicago, IL, 
Project Number: 071-EE232/IL-S071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 6, 2009.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources. Additional time was also needed to achieve an 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Oak Village Independence House of Detroit, 
Detroit, MI, Project Number: 044-HD054/MI28-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.

[[Page 12783]]

    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 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. Additional time was also needed to achieve an 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Oak Village Independence House, Detroit, MI, 
Project Number: 044-HD054/MI28-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: December 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. Additional time was also needed for the sponsor/owner's 
architect to redesign portions of the project and to achieve an 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.130(a).
    Project/Activity: Destiny Towers, Kansas City, MO, Project 
Number: 084-EE072/MO16-S071-001.
    Nature of Requirement: Section 891.130(a) prohibits Officers and 
Board members of either the sponsor or the owner from having any 
financial interest in any contract with the owner or in any firm 
which has a contract with the owner.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 1, 2009.
    Reason Waived: For the sponsor to sell the site to the owner is 
no longer considered a prohibited relationship.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Fillmore Haciendas, Phoenix, AZ, Project 
Number: 123-EE105/AZ20-S071-001.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 6, 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 Seventh Street, SW., Room 6134, 
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 6, 2009.
    Reason Waived: Additional time was needed for HUD to complete 
its review of the closing documents 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Parkside Apartments, Terra Alta, WV, Project 
Number: 045-EE031/WV15-S071-002.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 6, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resolve development issues of the site's plans and 
specifications.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Kaaterskill Manor (aka Jefferson Heights), 
Catskill, NY, Project Number: 014-EE252/NY06-S051-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 19, 2009.
    Reason Waived: Additional time was needed for the State review 
process to be completed 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 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Mulberry Manor, Wayne, WV, Project Number: 
045-HD041/WV15-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 19, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to obtain a release of an existing blanket easement over the site 
and for the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Darlington Road Supportive Housing, 
Pittsburgh, PA,
Project Number: 033-HD104/PA28-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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 23, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resubmit the firm commitment application 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

[[Page 12784]]

     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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 23, 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 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Bangor VOANNE Senior Housing, Bangor, ME, 
Project Number: 024-EE109/ME36-S071-001.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 2, 2009.
    Reason Waived: Additional time was needed for the closing 
documents to be finalized 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 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Willow Glen Apartments (aka Newton Falls 
Apartments), Newton Falls, OH, Project Number: 042-EE223/OH12-S071-
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 4, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to secure additional funding, submit the firm commitment application 
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 Seventh Street, SW, Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Mary Rose Estates, Willoughby, OH, Project 
Number: 042-EE208/OH12-S061-006.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 4, 2009.
    Reason Waived: Additional time was needed for a site change to 
be approved, the firm commitment application to be resubmitted 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 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Cedar Street Apartments, Redwood City, CA, 
Project Number: 121-HD090/CA39-Q071-002.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 4, 2009.
    Reason Waived: Additional time was needed for the sponsor/owner 
to finalize secondary funding from the California Department of 
Housing and Community Development (HCD) and for the project to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Galloway Housing Project, Galloway Township, 
NJ, Project Number: 035-HD068/NJ39-Q071-007.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 4, 2009.
    Reason Waived: Additional time was needed for the project to be 
initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Sierra Meadows, Visalia, CA, Project Number: 
121-EE199/CA39-S071-003.
    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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 4, 2009.
    Reason Waived: Additional time was needed for the initial 
closing documents to be reviewed and for the project to achieve an 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-800