Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2010, 37827-37837 [2010-15876]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37827-37837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15876]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5420-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2010

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on January 1, 2010 and ending on March 31, 2010.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 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 first quarter of calendar year 2010.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
January 1, 2010 through March 31, 2010. 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 first quarter of calendar 
year 2010) before the next report is published (the second quarter of 
calendar year 2010), HUD will include any additional waivers granted 
for the first quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: June 24, 2010.
Helen R. Kanovsky,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development January 1, 
2010 through March 31, 2010

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

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

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

     Regulation: 24 CFR 58.22(a).
    Project/Activity: The State of Louisiana Department of Culture,

[[Page 37828]]

Recreation and Tourism received an Economic Development Initiative 
Special Purpose (EDI-SP) grant in the amount of $745,575 for the 
Poverty Point restoration project in Delhi, LA. The State of Louisiana 
will use the EDI-SP funds to build a new visitor center, fishing pier, 
boat ramp, canoe launch, trails and utility improvements. The visitor 
center will provide space for educational exhibits describing the 
natural and cultural history associated with the site. Subsequent to 
the January 23, 2004 appropriation for the EDI-SP grant, but prior to 
the completion of a federal environmental review and any release of 
funds from HUD, the State of Louisiana spent non-HUD funds on 
construction activities for the project.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires 
that an environmental review be performed and a request for release of 
funds be completed and certified prior to the commitment of non-HUD 
funds to a project using HUD funds.
    Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: January 28, 2010.
    Reason Waived: The waiver was granted based on the following 
findings: The above project would further the HUD mission and advance 
HUD program goals related to community development; the errors made in 
the environmental process for the commitment of non-HUD funds were made 
in good faith and the State of Louisiana did not willfully violate the 
applicable regulations; no HUD funds were committed; and, based on the 
revised 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 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone (202) 402-4442.

     Regulation: 24 CFR 58.22(a).
    Project/Activity: Liberty Trinity Garden Apartment Homes is a 76-
unit tax-credit project for the elderly to be built in the City of 
Liberty, TX under the auspices of the Orange Regional HOME Consortium 
(ORHC). The project will include $571,586 of HOME funds, which will be 
used for the construction of five of the units with rents at 30 percent 
of median income for twenty years.
    The environmental review for the property was completed and 
submitted to the HUD San Antonio Field Office on October 26, 2007 where 
it was determined that the developer had used non-HUD funds to acquire 
the property for this development after submission of a HOME grant 
application, but prior to the completion of the environmental review.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires 
that an environmental review be performed and a request for release of 
funds be completed and certified prior to the commitment of non-HUD 
funds to a project using HUD funds.
    Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: March 22, 2010.
    Reason Waived: The waiver was granted based on the following 
findings: the above project would further the HUD mission and advance 
HUD program goals related to community development; the errors made in 
the environmental process for the commitment of non-HUD funds were made 
in good faith and the Orange HOME Consortium in the State of Texas 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 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone (202) 402-4442.

     Regulation: 24 CFR 91.520(a).
    Project/Activity: The State of Pennsylvania CDBG Program.
    Nature of Requirement: Section 91.520(a) of HUD's regulations (24 
CFR 91.520(a)) requires the State of Pennsylvania to submit its annual 
performance report within 90 days after the end of its program year.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: March 29, 2010.
    Reason Waived: The State of Pennsylvania was unable to generate 
accurate reports from HUD's Integrated Disbursement Information System 
(IDIS) upon which it relies to summarize financial and performance data 
entered into the system. HUD's correction of the system issues could 
not be completed in time for the State to meet the due date for its 
Consolidated Annual Performance and Evaluation Report (CAPER).
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone (202) 402-
2191.

     Regulation: 24 CFR 91.520(d).
    Project/Activity: Joliet, IL Consolidated Plan.
    Nature of Requirement: Section 91.520(d) of HUD's regulations 
requires that the Department of Housing and Urban Development must 
approve or disapprove a plan within 30 days of receiving the 
resubmission of a plan that was disapproved.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: March 31, 2010.
    Reason Waived: HUD notified the City of Joliet, IL that its 2010 
Consolidated Plan was disapproved because the plan lacked satisfactory 
certifications required as part of a complete Consolidated Plan 
submission under 24 CFR part 91. The waiver was granted to provide the 
City sufficient time to provide the assurances necessary to meet the 
criteria for HUD approval of certifications satisfactory to the 
Secretary that it will affirmatively further fair housing and 
administer the City's CDBG grant in conformity with anti-discrimination 
laws and other applicable laws.
    Contact: Yolanda Ch[aacute]vez, Deputy Assistant Secretary for 
Grant Programs, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7204, Washington, DC 20410-7000, telephone (202) 708-
2111.

     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 Ontario, California, requested a 
waiver of the limitation on eligible subgrantees in order to subgrant 
HPRP funds to the Ontario Housing Authority (OHA).
    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.

[[Page 37829]]

    Date Granted: February 16, 2010.
    Reason Waived: The City provided sufficient information for HUD to 
grant the waiver on the basis of the following: HPRP participants would 
be selected in a manner that would ensure OHA residents are not 
unfairly selected over other eligible individuals and families; (2) 
utilizing OHA as a subgrantee would result in an efficient and 
effective program that benefits HPRP participants; and (3) OHA was 
found to have 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 7th 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 200.85(b).
    Project/Activity: North Pointe II, Fort Smith, Arkansas, Project 
082-35411.
    Nature of Requirement: HUD's regulation at 24 CFR 200.85(b) 
prohibits an inferior lien being placed on a property with a HUD FHA-
insured mortgage, which will be repaid from mortgage proceeds other 
than surplus cash or residual receipts.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 24, 2010.
    Reason Waived: The waiver was granted to give the owner the 
authority to service the HOME loan from project operating funds, which 
would make it possible for the project to be constructed and serve as 
an affordable housing resource. Low-Income Housing Tax Credits (LIHTC), 
tied with HUD HOME funds, and allowed the project to be feasible. The 
Arkansas Development Finance Authority (ADFA) requires monthly 
principal and interest payments as a condition of the HOME funds loan.
    Contact: Daniel L. Sullivan, Director, Housing Policy, Multifamily 
Development, Office of Multifamily Housing, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
6148, Washington, DC 20410-8000, telephone (202) 708-1142.

     Regulation: 24 CFR 203.4(b).
    Project/Activity: PNC Mortgage, a division of PNC Bank, National 
Association, Downers Grove, IL.
    Nature of Requirement: HUD's regulation at 24 CFR 203.4(b) provides 
that to be approved for Lender Insurance, a mortgagee must have had an 
acceptable claim and default record for at least two years prior to its 
application for participation in the Lender Insurance (LI) program.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 14, 2010.
    Reason Waived: In November 2009, National City Bank (which had LI 
Authority) completed its merger into PNC Bank, National Association 
(which did not have LI authority). HUD determined that using National 
City Bank's claim and default performance for the past two years to 
calculate whether PNC Bank's default and claim record is acceptable in 
order to qualify as an LI participant is sufficient. Furthermore, all 
FHA-insured loans that will be processed underwritten, closed and 
insured by PNC Bank would use the same resources that were used by 
National City Bank, whose default and claim record qualified it for 
acceptance into the Program without a waiver of the regulations in 
question.
    Contact: Margaret E. Burns, Director, Office of Single Family 
Housing Program Development, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 9278, Washington, DC 
20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 203.37a(b)(2).
    Project/Activity: Rehabilitation and returning to the housing 
market foreclosed and abandoned homes.
    Nature of Requirement: HUD's regulation at 24 CFR 203.37a(b)(2) 
provides that, generally, a mortgage for a property will not be 
eligible for FHA insurance if the contract of sale for the purchase of 
the property is executed within 90 days of the prior acquisition by the 
seller.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 15, 2010.
    Reason Waived: FHA research found that acquiring, rehabilitating 
and the reselling recently acquired properties to prospective 
homeowners often takes less than 90 days. Prohibiting the use of FHA 
mortgage insurance for a subsequent resale within 90 days of 
acquisition adversely impacts the willingness of sellers to allow 
contracts from potential FHA buyers because they must consider holding 
costs and the risk of vandalism associated with allowing a property to 
sit vacant over a 90-day period of time. The waiver would permit buyers 
to use FHA-insured financing to purchase HUD-owned properties, bank-
owned properties, or properties resold through private sales. During 
this period in which foreclosures remain high, the waiver would allow 
homes to resell as quickly as possible, helping to stabilize real 
estate prices and to revitalize neighborhoods and communities. Under 
the waiver, forward mortgages on these properties are eligible for FHA 
insurance if the sale is an arms-length transaction. If the resale 
price exceeds the acquisition price by twenty percent or more, the 
lender must justify and document the increase in value, and the buyer 
must receive a home inspection prior to closing.
    Contact: Margaret E. Burns, Director, Office of Single Family 
Housing Program Development, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 9278, Washington, DC 
20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Cathedral Place Apartments Park (Mobile County), 
Mobile, Alabama--FHA Project Number 062-44043. The owner requested 
permission to defer repayment of the Flexible Subsidy loan on this 
project. The deferral would enable urgent repairs and rehabilitation to 
be completed for revitalization 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 mortgage insurance, prepayment of the 
mortgage, or sale of the project * * *.'' Either of these actions would 
typically terminate FHA involvement with the property, and the Flexible 
Subsidy Loan would be repaid, in whole, at that time.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 14, 2010.
    Reason Waived: This regulation was waived in order to exempt 
Catholic Housing of Mobile, Incorporated, from the requirement to repay 
the Flexible Subsidy Operating Assistance Loan upon prepayment/
refinancing of the loan; thereby allowing financing to rehabilitate the 
property and ensure

[[Page 37830]]

preservation of the project as an affordable housing resource.
    Contact: Robert G. Iber, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6148, Washington, DC 20410-8000, 
telephone (202) 708-3730.

     Regulation: 24 CFR 891.100(c) and 24 CFR 891.808(a).
    Project/Activity: Erbograph Apartments Senior Housing, New York, 
NY, Project Number: 012-EE364/NY36-S071-010.
    Nature of Requirement: Section 891.100(c) provides that the sponsor 
may only transfer the capital advance funds to the owner formed by the 
sponsor and section 891.808(a) provides that a sponsor may transfer the 
fund reservation directly to the owner or to the general partner of the 
owner, or the sponsor may be the general partner of the mixed-finance 
owner if the sponsor meets the applicable statutory and regulatory 
requirements.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 23, 2010.
    Reason Waived: The waiver was granted to permit the capital advance 
funds to flow from the sponsor through an intermediary third party 
before reaching the mixed-finance owner to satisfy Internal Revenue 
Service (IRS) tax code.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Villa Serena, Chico, CA, Project Number: 136-
HD021/CA30-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: March 4, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Bayberry Courts, Inc., South Kingstown, RI, 
Project Number: 016-HD049/RI43-Q051-002.
    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: March 4, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Independent Living Horizons Thirteen, Harlem, GA, 
Project Number: 061-EE169/GA06-S081-005.
    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: March 11, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Swope Gardens, Kansas City, MO, Project Number: 
084-HD062/MO16-Q081-003.
    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: March 11, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Richard Walz Apartments, Jefferson City, MO, 
Project Number: 086-HD050/MO36-Q081-003.
    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: March 29, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Westfield Towers, Aliquippa, PA, Project Number: 
033-EE136/PA28-S081-003.
    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: March 29, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Atoka Tumaha Okla, Atoka, OK, Project Number: 
118-EE050/OK56-S081-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.

[[Page 37831]]

    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 30, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Top House, Topsfield, MA, Project Number: 023-
HD225/MA06-Q061-001.
    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: March 18, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources. 
The sponsor/owner required additional time to redesign the project to 
meet the requirements of the Department of Mental Retardation.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lafayette Manor, Staten Island, NY, Project 
Number: 012-EE336/NY06-S051-004.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 12, 2010.
    Reason Waived: Additional time was needed for the firm commitment 
to be processed and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Enola A. Dew Village Apartments, Chicago, IL, 
Project Number: 071-EE232/IL06-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: January 12, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
obtain the building permits, submit the initial/final 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Villa Matti (f/k/a Villa Maria II), Miami Beach. 
FL, Project Number: 066-EE111/FL29-S061-005.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 13, 2010.
    Reason Waived: Additional time was needed to finalize the secondary 
financing and initial closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Casa Del Pueblo II, Tucson, AZ, Project Number: 
123-EE103/AZ20-S061-009.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 13, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
obtain a clear title for the site and for the city of Tucson to approve 
a lot split and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: West Bergen ILP 2005, Ridgewood, NJ, Project 
Number: 031-HD145/NJ39-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: January 13, 2010.
    Reason Waived: Additional time was needed to resolve objections 
raised by the neighbors to the NJ Council on Affordable Housing (COAH) 
and for the project to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000 telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Homes of Care III, Groveland, MA, Project Number: 
023-HD227/MA06-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: January 13, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
resolve an issue with the town concerning a water hook up fee and for 
the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant

[[Page 37832]]

Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6130, Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Parham House, Vista, CA, Project Number: 129-
EE031/CA33-S061-001.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 13, 2010.
    Reason Waived: Additional time was needed to finalize the secondary 
funding and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Arbor Court, Fresno, CA, Project Number: 121-
HD083/CA39-Q041-003.
    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: January 13, 2010.
    Reason Waived: Additional time was needed for completion of 
specifications review by the city, resubmission of 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: North Highlands VOA Living Center, North 
Highlands, CA, Project Number: 136-HD019/CA30-Q061-001.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 13, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
finalize secondary funding documents with the Sacramento County Housing 
and Redevelopment Agency and for the project to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Tomlinson Apartments, Vista, CA, Project Number: 
129-HD030/CA33-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: January 25, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
work with the architect and contractors to reduce the construction 
cost, to obtain additional funds and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: 29th Avenue Apartments, San Francisco, CA, 
Project Number: 121-HD089/CA39-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: February 2, 2010.
    Reason Waived: Additional time was needed to process the revised 
firm commitment application and for the project to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lake Serenity, Jackson, MS, Project Number: 065-
EE049/MS26-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: February 4, 2010.
    Reason Waived: Additional time was needed for the project to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Pensacola VOA Living Center, Pensacola, FL, 
Project Number: 063-HD025/FL29-Q071-003.
    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: February 26, 2010.
    Reason Waived: Additional time was needed to finalize the initial 
closing documents and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Garrett House, Wilmington, DE, Project Number: 
032-HD036/DE26-Q061-002.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.

[[Page 37833]]

    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 4, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
resolve some issues with the initial closing documents and for the 
project to reach an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: St. Joseph Place, Kansas City, MO, Project 
Number: 084-EE073/MO16-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: March 11, 2010.
    Reason Waived: Additional time was needed for the 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Sheldon Terrace Apartments, New Haven, CT, 
Project Number: 017-HD040/CT26-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: March 26, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
obtain signed easements from three neighbors and for the project to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Senior City, Federal Way, WA, Project Number: 
127-EE061/WA19-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: March 29, 2010.
    Reason Waived: Additional time was needed for this mixed finance 
project, which is being developed as a capital advance upon completion 
project, to complete construction and reach initial/final closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (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: March 30, 2010.
    Reason Waived: Additional time was needed for the firm commitment 
to be processed, amendment funds to be approved and for the project to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: Immanuel Trinity Courtyard III, Omaha, NE, 
Project Number: 103-EE039/NE26-S081-001.
    Nature of Requirement: Section 891.205 requires the owner to be a 
single-purpose private nonprofit organization that is established by 
the sponsor to receive the capital advance and project rental 
assistance payments to develop and operate supportive housing for the 
elderly as its legal owner.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: February 1, 2010.
    Reason Waived: Having the same ownership-entity for this project 
and two other projects would result in substantial annual cost savings 
and provide efficient management and supportive services for the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.401(c).
    Project/Activity: Carolina Place, Rock Hill, South Carolina--FHA 
Project Number 054-HD002.
    Nature of Requirement: Section 891.410 of HUD's regulations relates 
to admission of families to projects for elderly or handicapped 
families that receive reservations under Section 202 of the Housing Act 
of 1959, as amended by section 801 of the National Affordable Housing 
Act of 1990. Section 891.410(c) limits occupancy to very low-income 
elderly persons. To qualify, households must include a minimum of one 
person who is at least 62 years of age at the time of initial 
occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 3, 2010.
    Reason Waived: This waiver was granted to allow the managing agent 
to waive regulations determining eligibility and selection of tenants 
due to a leasing error which allowed admission of an ineligible tenant. 
An audit revealed that the tenant's income was above the very low-
income limit. The tenant does, however, meet other criteria for 
admission to this Section 811 Capital Advance project. Waiver of the 
regulation allowed the tenant to continue to reside in the unit but pay 
market rent. This waiver was granted only for this property and this 
tenant.
     Contact: Robert G. Iber, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6148, Washington, DC 20410-8000, 
telephone (202) 708-3730.

     Regulation: 24 CFR 891.805.
    Project/Activity: Erbograph Apartments Senior Housing, New York, 
NY, Project Number: 012-EE364/NY36-S071-010.
    Nature of Requirement: Section 891.805 provides that this entity be 
a private nonprofit organization with a

[[Page 37834]]

501(c)(3) or 501(c)(4) tax exemption (in the case of supportive housing 
for the elderly), or a nonprofit organization with a 501(c)(3) (in the 
case of supportive housing for persons with disabilities).
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 14, 2010.
    Reason Waived: The waiver was granted to allow the use of a 
corporation, where the nonprofit sponsor is the sole shareholder, as 
the sole general partner of the mixed-finance owner because the New 
York Not-for-Profit Corporation Law does not permit a not-for-profit 
corporation to act as a partner in a partnership.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and GrantAdministration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.808(a).
    Project/Activity: Erbograph Apartments Senior Housing, New York, 
NY, Project Number: 012-EE364/NY36-S071-010.
    Nature of Requirement: Section 891.808(a) provides that a sponsor 
may transfer the fund reservation directly to the owner or to the 
general partner of the owner, or the sponsor may be the general partner 
of the mixed-finance owner if the sponsor meets the applicable 
statutory and regulatory requirements.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 14, 2010.
    Reason Waived: The waiver was granted to permit the capital advance 
funds to flow from the sponsor through an intermediary third party 
before reaching the mixed-finance owner to satisfy IRS tax code and to 
allow the tax credits to flow to the limited partner.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone (202) 708-3000.

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

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

     Regulation: 24 CFR 85.6(c), 24 CFR 85.32(e), 24 CFR 
85.32(e)(2).
    Project/Activity: Hampton Redevelopment and Housing Authority, 
Hampton, Virginia.
    Nature of Requirement: The above-referenced regulations in 24 CFR 
part 85, provide that when original or replacement equipment acquired 
under a grant is no longer needed for the original project or program 
or for other activities currently or previously supported by a Federal 
agency, disposition of the equipment will be made as follows: (1) Items 
of equipment with a current per-unit fair market value of less than 
$5,000 may be retained, sold or otherwise disposed of with no further 
obligation to the awarding agency; and (2) Items of equipment with a 
current per unit fair market value in excess of $5,000 may be retained 
or sold and the awarding agency shall have a right to an amount 
calculated by multiplying the current market value or proceeds from 
sale by the awarding agency's share of the equipment.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 19, 2010.
    Reason Waived: The review of request found that the PHA presented 
good cause for exemption to 24 CFR 85.32 and thereby agreed to waive 
the requirement to reimburse HUD for its participation in the property, 
with the following stipulations: (1) in the event that the property is 
sold after ten years of the date of this letter, any future sales 
proceeds associated with the property must be used to support 
affordable housing; and (2) any sale of the property prior to ten years 
from the date of this letter would be subject to a formal disposition 
request under Section 18 of the Housing Act of 1937. Additionally, HUD 
clarified that the agency has the authority to assign the personal 
property in the maintenance building to the Central Office Cost Center 
(COCC) of the PHA.
    Contact: Johnson Abraham, Acting Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8736.

     Regulation: 24 CFR 85.32(e)(2).
    Project/Activity: Housing Authority of the City of Goldsboro, 
Goldsboro, North Carolina.
    Nature of Requirement: HUD's regulation at 24 CFR 85.32(e)(2) 
provides that when original or replacement equipment acquired under a 
grant is no longer needed for the original project or program or for 
other activities currently or previously supported by a Federal agency, 
disposition of the equipment will be made as follows: (1) Items of 
equipment with a current per-unit fair market value of less than $5,000 
may be retained, sold or otherwise disposed of with no further 
obligation to the awarding agency; and (2) Items of equipment with a 
current per unit fair market value in excess of $5,000 may be retained 
or sold and the awarding agency shall have a right to an amount 
calculated by multiplying the current market value or proceeds from 
sale by the awarding agency's share of the equipment.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 19, 2010.
    Reason Waived: The agency decided to contract out lawn and 
landscaping for each development rather than maintain agency equipment 
and staff employees for that purpose at the COCC. Subsequently, the 
COCC sold the tractor for $5,480.62, which was no longer needed for the 
operation of its projects. The agency requested a waiver to reimburse 
HUD for its participation in those personal assets in excess of $5,000, 
provided the agency use the sales proceeds for affordable housing 
purposes. The agency wanted to use the sale proceeds toward the 
unplanned purchase for the two replacement sewers at the COCC. HUD 
found that the agency presented good cause, and waived, the requirement 
under 24 CFR 85.32(e)(2) in the case of personal property in excess of 
$5,000, to reimburse HUD for its participation in those assets, 
provided the agency use the sales proceeds for affordable housing 
purposes as decided.
    Contact: Johnson Abraham, Acting Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8736.

     Regulation: 24 CFR 85.32(e)(2).
    Project/Activity: Everett Housing Authority, Everett, Washington.
    Nature of Requirement: HUD's regulation at 24 CFR 85.32(e)(2) 
provides that when original or replacement equipment acquired under a 
grant is no longer needed for the original project or program or for 
other activities currently or previously supported by a Federal agency, 
disposition of the equipment will be made as follows: (1) Items of 
equipment with a current per unit fair market value of less than 5,000 
may be retained, sold or otherwise disposed of with no further 
obligation to the awarding agency; and

[[Page 37835]]

(2) Items of equipment with a current per unit fair market value in 
excess of $5,000 may be retained or sold and the awarding agency shall 
have a right to an amount calculated by multiplying the current market 
value or proceeds from sale by the awarding agency's share of the 
equipment.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: March 9, 2010.
    Reason Waived: Under asset management, and in accordance with HUD 
guidance, the agency has assigned various equipment no longer needed 
for the operation of any individual projects or AMPs to the COCC but 
are needed in the overall operation of the agency's projects and 
programs. Of this equipment, 15 items are valued in excess of $5,000. 
Accordingly, the agency requested a waiver of 24 CFR 85.32(e)(2) to 
reimburse HUD for its participation in those personal assets in excess 
of $5,000, provided the agency uses any future sales proceeds for 
affordable housing purposes. HUD found that the agency has presented 
good cause, in the case of the equipment in excess of $5,000, to 
reimburse the Department for its participation in those assets, 
provided the COCC uses this equipment for affordable housing purposes.
    Contact: Johnson Abraham, Acting Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 550 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8736.

     Regulation: 24 CFR 941.306(b) and (c).
    Project/Activity: Park Avenue Block 5B.
    Nature of Requirement: HUD's regulations at 24 CFR 941.306(b) and 
(c) require that the construction of units be within the Total 
Development Costs (TDC) and limit Housing Construction Costs (HCC).
    Granted by: Deborah Hernandez for Sandra B. Henriquez, Assistant 
Secretary of Public and Indian Housing.
    Date Granted: March 10, 2010.
    Reason Waived: The Housing Authority of the City of County of 
Denver received funds under the American Reinvestment and Recovery Act 
(ARRA) to meet the Green Communities Criteria and complete 90 mixed-
income rental units, of which 30 will be public housing. A waiver of 
TDC/HCC limits was allowed under the ARRA and in the Notice of Funding 
Availability (NOFA) for the Capital Fund Recovery Competition Grants 
(CFRC) for the use of ARRA funds in the redevelopment of public housing 
units.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 4130, Washington, DC 
20140, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Phase II AD Price, Buffalo, NY.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve as 
general contractor; it may self-award subject to demonstration to HUD's 
satisfaction that its bid is the lowest competitive offer.
    Granted by: Sandra B. Henriquez, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: January 27, 2010.
    Reason Waived: The regulation was waived on the basis of the 
independent cost estimate submitted by Buffalo Municipal Housing 
Authority.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public Housing, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 4130, 
Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Sheridan Station, Phase I (Grant: 
DC39URD001I107), Washington, DC.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve as 
general contractor; it may self-award subject to demonstration to HUD's 
satisfaction that its bid is the lowest competitive offer.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing
    Date Granted: February 3, 2010.
    Reason Waived: The regulation was waived on the basis of the 
independent cost estimate submitted by the District of Columbia Housing 
Authority.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Delona Gardens and Campbell Terrace (Grant: 
NC19URD009I107) Fayetteville, NC.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve as 
general contractor; it may self-award subject to demonstration to HUD's 
satisfaction that its bid is the lowest competitive offer.
    Granted by: Sandra B. Henriquez, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: February 19, 2010.
    Reason Waived: The regulation was waived on the basis of the 
independent cost estimate submitted by the Fayetteville Metropolitan 
Housing Authority.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Red Oak Townhomes (Grant: GA06URD264I102), 
Atlanta, GA
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve as 
general contractor; it may self-award subject to demonstration to HUD's 
satisfaction that its bid is the lowest competitive offer.
    Granted by: Sandra B. Henriquez, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: March 5, 2010.
    Reason Waived: The regulation was waived on the basis of the 
independent cost estimate submitted by the Housing Authority of Fulton 
County.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Renaissance Preserve Family Apartments (Grant: 
FL14URD047I105), Fort Myers, FL.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve as 
general contractor; it may self-award subject to demonstration to HUD's 
satisfaction that its bid is the lowest competitive offer.
    Granted by: Sandra B. Henriquez, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: April 1, 2010.
    Reason Waived: The regulation was waived on the basis of the 
independent

[[Page 37836]]

cost estimate submitted by the Housing Authority of the City of Fort 
Myers.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 451 
7th Street, SW., Room 4130, Washington, DC 20140-5000, telephone (202) 
402-4181.

     Regulation: 24 CFR 941.610(a) (1)-(a)(7).
    Project/Activity: Charlotte Housing Authority (CHA), Charlotte, NC.
    Nature of Requirement: HUD's regulation at 24 CFR 941.610(a)(1)-
(a)(7) requires HUD's review and approval of certain legal documents 
relating to mixed-finance development before a closing can occur and 
public housing funds can be released.
    Granted by: Sandra B. Henriquez, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: March 17, 2010.
    Reason Waived: To streamline the review process and expedite 
closing, CHA c