Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2010, 60782-60800 [2010-24608]
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In accordance with Section
102(a)(4)(C) of the Department of
Housing and Urban Development (HUD)
Reform Act of 1989, this document
notifies the public of funding awards for
the Fiscal Year (FY) 2010 Doctoral
Dissertation Research Grant (DDRG)
Program. The purpose of this document
is to announce the names and addresses
of the award winners and the amount of
the awards to be used to help doctoral
candidates complete dissertations on
topics that focus on housing and urban
development issues.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Susan Brunson, Office of University
Partnerships, U.S. Department of
Housing and Urban Development, Room
8226, 451 Seventh Street, SW.,
Washington, DC 20410, Telephone (202)
402–3852. To provide service for
persons who are hearing-or speechimpaired, this number may be reached
via TTY by dialing the Federal
Information Relay Service on (800) 877–
8339 or (202) 708–1455. (Telephone
numbers, other than ‘‘800’’ TTY
numbers, are not toll free).
The DDRG
Program was created as a means of
expanding the number of researchers
conducting research on subjects of
interest to HUD. Doctoral candidates
can receive grants of up to $25,000 to
complete work on their dissertations.
Grants are awarded for a two-year
period.
The Office of University Partnerships
under the Assistant Secretary for Policy
Development and Research (PD&R)
administers this program. In addition to
this program, the Office of University
Partnerships administers HUD’s ongoing
grant programs to institutions of higher
education as well as creates initiatives
through which colleges and universities
can bring their traditional missions of
teaching, research, service, and outreach
to bear on the pressing local problems
in their communities.
The Catalog of Federal Domestic
Assistance number for this program is
14.517.
On July 16, 2010, a Notice of Funding
Availability (NOFA) for this program
was posted on Grants.gov announcing
the availability of $400,000 in FY 2010
for the DDRG Program. The Department
reviewed, evaluated and scored the
applications received based on the
criteria in the NOFA. As a result, HUD
has funded the applications announced
below, and in accordance with Section
102(a)(4)(C) of the Department of
Housing and Urban Development
Reform Act of 1989 (103 Stat. 1987,
U.S.C. 3545). More information about
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SUPPLEMENTARY INFORMATION:
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the winners can be found at https://
www.oup.org.
Dated: September 17, 2010.
Raphael W. Bostic,
Assistant Secretary for Policy Development
and Research.
List of Awardees for Grant Assistance
Under the Fiscal Year (FY) 2010
Doctoral Dissertation Research Grant
Program Funding Competition, by
Institution, Address, Grant Amount and
Name of Student Funded
1. The George Washington
University, Mr. Anthony Yezer, The
George Washington University, 2121 I
Street, NW, Suite 601, Washington, DC
20052. Grant: $14,500 to William
Larson.
2. President and Fellows of Harvard
College, Mr. Robert J. Sampson,
President and Fellows of Harvard
College, 1350 Massachusetts Avenue,
Cambridge, MA 02138. Grant: $25,000
to Corina Graif.
3. Northeastern University, Dr.
Barry Bluestone, Northeastern
University, 360 Huntington Avenue,
Boston, MA 02115. Grant: $24,960 to
Justin Betz.
4. The Trustees of Columbia
University in the City of New York, Dr.
Angela Aidala, The Trustees of
Columbia University in the City of New
York, 630 W. 168th Street, Box 49, New
York, NY 10032. Grant: $24,765 to
Jocelyn Apicello.
5. Colorado Seminary-University of
Denver, Dr. Jean East, Colorado
Seminary-University of Denver, 2199 S.
University Blvd., Denver, CO 80208.
Grant: $11,547 to Laurie Walker.
6. Brandeis University, Mr. Tom
Shapiro, Brandeis University, 415 South
Street, Waltham, MA 02454. Grant: $
25,000 to Hannah Thomas.
7. President and Fellows of Harvard
College, Dr. Antoine Picon, President
and Fellows of Harvard College, 1350
Massachusetts Avenue, Cambridge, MA
02138. Grant: $25,000 to Wanda
Liebermann.
8. New York University, Dr. Ingrid
Gould Ellen, New York University, 665
Broadway, Suite 801, New York, NY
10012. Grant: $25,000 to Keren Horn.
9. The Regents of the University of
California, Mr. John Hipp, The Regents
of the University of California, 5171
California Avenue, Suite 150, Irvine, CA
92697. Grant: $24,725 to Alyssa Whitby
Chamberlain.
10. The Regents of the University of
California, Ms. Katen Chapple, The
Regents of the University of California,
2150 Shattuck Avenue, Suite 313,
Berkeley, CA 94704. Grant: $25,000 to
Anne Martin.
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11. The University of Chicago, Mr.
Rob Chaskin, The University of Chicago,
5801 S. Ellis Avenue, Chicago, IL 60637.
Grant: $25,000 to Benjamin Roth.
12. University of Maryland, Ms.
Alexander Chen, University of
Maryland, 3112 Lee Building, College
Park, MD 20742. Grant: $25,000 to
Lynette Boswell.
13. The Regents of the University of
California, Dr. Julian Chow, The Regents
of the University of California, 2150
Shattuck Avenue, Suite 313, Berkely,
CA. 94704. Grant: $25,000 to Catherine
Vu.
14. The Trustees of Columbia
University in the City of New York, Mr.
Robert Beauregard, The Trustees of
Columbia University in the City of New
York, 1210 Amsterdam Avenue, Mail
Code 2205, New York, NY 10027. Grant:
$25,000 to James Connolly.
15. The Regents of the University of
California, Richard Walker, The Regents
of the University of California, 2150
Shattuck Avenue, Suite 313, Berkely,
CA 94704. Grant: $24,505 to Catherine
Guimond.
16. The New School, Alex Schwartz,
The New School, 66 West 12th Street,
New York, NY 10011. Grant: $25,000 to
Jamie Taylor.
17. Board of Trustee of the
University of Illinois, Dr. Laura Lawson,
Board of Trustee of the University of
Illinois, 1901 S. First Street, Suite A,
Champaign, IL 61820. Grant: $24,998 to
Abbilyn Harmon.
[FR Doc. 2010–24614 Filed 9–30–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5420–N–02]
Notice of Regulatory Waiver Requests
Granted for the Second Quarter of
Calendar Year 2010
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
Section 106 of the Department
of Housing and Urban Development
Reform Act of 1989 (the HUD Reform
Act) requires HUD to publish quarterly
Federal Register notices of all
regulatory waivers that HUD has
approved. Each notice covers the
quarterly period since the previous
Federal Register notice. The purpose of
this notice is to comply with the
requirements of section 106 of the HUD
Reform Act. This notice contains a list
of regulatory waivers granted by HUD
during the period beginning on April 1,
2010 and ending on June 30, 2010.
SUMMARY:
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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 second 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
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and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.
This notice covers waivers of
regulations granted by HUD from April
1, 2010 through June 30, 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 § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are in
time sequence beginning with the
earliest-dated regulatory waiver.
Should HUD receive additional
information about waivers granted
during the period covered by this report
(the second quarter of calendar year
2010) before the next report is published
(the third quarter of calendar year 2010),
HUD will include any additional
waivers granted for the third quarter in
the next report.
Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Dated: September 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 April 1, 2010 Through June 30,
2010
Note to Reader: More information about
the granting of these waivers, including a
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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 Town of Jean Lafitte,
LA received an Economic Development
Initiative Special Purpose (EDI–SP) grant in
the amount of $248,000 for the construction
of the Lafitte Multi-Purpose Center. The
Lafitte Multi-Purpose Center is an education
theater, civic center/emergency shelter, and a
fisheries museum that will provide
educational opportunities, cultural
opportunities and emergency response
functions. Subsequent to the December 8,
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 Town of Jean Lafitte
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 nonHUD funds to a project using HUD funds.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: April 12, 2010.
Reason Waived: The waiver was granted
based on the following findings: the 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 Town of Jean Lafitte 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
would not result in any unmitigated, adverse
environmental impact.
Contact: Danielle Schopp, Office of
Environment and Energy, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
7250, Washington, DC 20410–7000,
telephone (202) 402–4442.
• Regulation: 24 CFR 58.22(a).
Project/Activity: Hopewell Village involves
the new construction of a 71 unit apartment
complex to serve independent elderly
residents in Elverson, PA. The residential
portion of the development is to consist of a
single three story structure. A portion of the
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existing former fire station on site is to be
retained to serve as a senior community
center and dining facility. Chester County
conditionally awarded HUD HOME funds to
the Hopewell Village project in February
2007. Subsequent to the application and
conditional award of HOME funds, but prior
to any release of funds from HUD, the project
developer initiated choice-limiting actions
including demolition and site clearance.
Chester County completed the environmental
review on January 5, 2010.
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 nonHUD funds to a project using HUD funds.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: April 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
develop affordable housing; the errors made
in the environmental process for the
commitment of non-HUD funds were made
in good faith and Chester County did not
willfully violate the applicable regulations;
no HUD funds were committed; and, based
on the environmental assessment and the
HUD field inspection, granting a waiver
would not result in any unmitigated, adverse
environmental impact.
Contact: Danielle Schopp, Office of
Environment and Energy, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
7250, Washington, DC 20410–7000,
telephone (202) 402–4442.
• Regulation: 24 CFR 58.22(a).
Project/Activity: Miraflores Housing
Development involves the construction of 80
rental units of housing for low-income
seniors and 150 homeownership units on a
former commercial nursery in Richmond,
CA. The City of Richmond intends to use $1
million in Section 108 loan guarantee funds
for the development. HUD funds were also
used for predevelopment costs with $400,000
from HOME and $429,000 from CDBG.
Violations occurred when subsequent to
application for HUD Section 108 loan
guarantee, the City of Richmond used nonHUD funds to purchase two parcels of
property prior to the completion of an
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 nonHUD funds to a project using HUD funds.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: June 16, 2010.
Reason Waived: The waiver was granted
based on the following findings: the above
project would further the HUD mission and
advance HUD Section 108 loan guarantee
program, provides needed housing for lowincome seniors, and appropriately remediates
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and redevelops a brownfield site; no HUD
funds were committed; and, based on the
environmental assessment and the HUD field
inspection, granting a waiver would not
result in any unmitigated, adverse
environmental impact.
Contact: Danielle Schopp, Office of
Environment and Energy, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
7250, Washington, DC 20410–7000,
telephone (202) 402–4442.
• Regulation: 24 CFR 91.105(c)(1).
Project/Activity: The city of Harrisonburg,
VA, received over two feet of snow during a
storm in February, 2010 and requested a
waiver of Consolidated Plan requirements
applicable to its CDBG program, in order to
use CDBG funds to assist with snow removal
by private contractors.
Nature of Requirement: Under the
Consolidated Plan regulations, a grantee may
amend its plan in order to change its
allocation priorities, to carry out an activity
not previously described in the plan, or to
change the purpose, scope, location, or
beneficiaries of an activity. Under normal
circumstances, a grantee follows its own
amendment procedures which require public
notice and comment periods. Section
91.105(c)(1) of HUD’s regulations (24 CFR
91.105(c)(1)) requires that any change in the
use of CDBG funds from one eligible activity
to another be treated as a substantial
amendment. Given the urgency of the
situation, the city requested to amend its
plan.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: May 24, 2010.
Reason Waived: Given the urgency of the
snow emergency situation it faced, the city
requested approval to amend its plan to
include snow removal as a CDBG-funded
activity. Section 104(a)(2)(E) of the Housing
and Community Development Act of 1974, as
amended, requires citizens to be provided
notice and given the opportunity to comment
on substantial changes that are proposed to
be made in a grantee’s Consolidated Plan’s
use of funds. However, the statute does not
define the term ‘‘substantial change.’’ HUD’s
regulation at 24 CFR 91.105(c)(1) requires
that any change in the use of CDBG funds
from one eligible activity to another be
treated as a substantial amendment. HUD has
discretion in this case to waive this
provision, given that this latter requirement
is regulatory and not statutory. The amount
of CDBG funds involved can be characterized
as a de minimus level of money to be reprogrammed. Thus, HUD accepted that the
use of funds for snow removal in this
emergency situation does not constitute a
substantial amendment. HUD therefore
waived the provisions of 24 CFR 91.105(c)(1)
to the extent necessary to allow the city to
determine that this reprogramming of funds
does not constitute a substantial amendment.
Contact: Julia Neidecker Gonzales, Office
of Block Grant Assistance, Office of
Community Planning and Development,
Entitlement Communities Division, 451 7th
Street, SW., Room 7282, Washington, DC
20410–7000, telephone (202) 708–1577.
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• Regulation: 24 CFR 91.500(d).
Project/Activity: Waiver of the 30-day
period to review an amended Consolidated
Plan.
Nature of Requirement: HUD’s regulations
at 24 CFR 91.500(d) provide that a
jurisdiction may revise or resubmit a
Consolidated Plan within 45 days after the
first notification approval. This section
further requires that HUD must respond to
approve or disapprove the plan with 30 days
of receiving the revisions or resubmission.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: April 30, 2010.
Reason Waived: On January 15, 2010, HUD
notified the city of Joliet that the city’s 2010
Consolidated Plan was disapproved because
the plan did not contain all certifications,
satisfactorily completed, required as part of
a complete Consolidated Plan submission
under 24 CFR part 91. In accordance with
HUD’s regulations in 24 CFR 91.500(d), the
city had until March 1, 2010, to revise and
resubmit its Consolidated Plan submission.
The city timely completed its revised
submission on March 1, 2010, but HUD
determined that it needed time beyond the
30-day review period to ensure that the
certifications presented the assurances in a
satisfactory manner that are required by
HUD’s regulations.
Contact: Julia Neidecker Gonzales, Office
of Block Grant Assistance, Office of
Community Planning and Development,
Entitlement Communities Division, 451 7th
Street, SW., Room 7282, Washington, DC
20410–7000, telephone (202) 708–1577.
• Regulation: 24 CFR 92.212(b).
Project Activity: Yakima County, WA
HOME Consortium requested permission to
permit it to incur administrative and
planning costs prior to the submission of its
Consolidated Plan.
Nature of Requirement: The HOME
regulations at 24 CFR 92.104 requires all
jurisdictions seeking designation as a
participating jurisdiction (PJ) under the
HOME program to submit a Consolidated
Plan to HUD. Once the jurisdiction has
complied with this and other requirements,
HUD designates the jurisdiction as a HOME
Participating Jurisdiction. Pursuant to
§ 92.212(b), PJs may not incur eligible
administrative and planning pre-award costs
until the beginning of the PJ’s program year,
or the date the Consolidated Plan is received
by HUD, whichever is later. This provision
precludes a jurisdiction that has not yet been
designated as a HOME PJ from incurring preaward costs for Consolidated Plan
preparation and reimbursing itself when it
receives its HOME allocation.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary, Community Planning
and Development.
Date Granted: June 7, 2010.
Reason Waived: The Consortium requested
a waiver of the pre-award cost provision to
permit it to incur administrative and
planning costs prior to the submission of its
Consolidated Plan. The Consortium
comprises a very rural, low-income area
without substantial governmental resources.
The Consortium members have limited
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funding to develop the required Consolidated
Plan and would suffer a financial hardship
without a waiver. A waiver of 24 CFR
92.212(b) would permit the Consortium to
charge eligible administrative and planning
costs related to the development of the
Consolidated Plan to its first HOME
allocation.
Contact: Virginia Sardone, Office of
Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
7158, Washington, DC 20410–7000,
telephone 202–708–2470.
• Regulation: 24 CFR 92.252(e).
Project/Activity: Washington County,
Oregon requested a waiver to reduce, by six
months, the period of affordability of a fire
damaged four bedroom facility that provided
transitional housing for persons with mental
illness in order to build 14 one-bedroom
units of permanent supportive housing with
a Section 811 Capital Advance.
Nature of Requirement: The HOME
regulations at 24 CFR 92.252(e) requires that
‘‘HOME-assisted units meet the affordability
for not less than the applicable period * * *
beginning after project completion.’’
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: June 16, 2010.
Reason Waived: HUD approved the waiver
request because continuing the use of the
project would create an unnecessary
hardship on the non-profit and the tenants.
The interests of the low-income community
would be better served by facilitating
construction of the new Section 811 project.
Contact: Virginia Sardone, Deputy
Director, Office of Affordable Housing
Programs, Office of Community Planning and
Development, Department of Housing and
Urban Development, 451 7th Street, SW.,
Room 7164, Washington, DC 20410–7000,
telephone (202) 708–2470.
• Regulation: Notice of Allocations,
Application Procedures, and Requirements
for Homelessness Prevention and Rapid ReHousing Program (HPRP) 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 (HPRP) grantee, the
State of Washington, requested a waiver of
the requirement stating grantees may not
directly carry out data collection and
evaluation activities under HPRP.
Nature of Requirement: Subsection III.A. of
the HPRP Notice provides that a State grantee
must make available all of its formula
allocation, except for an appropriate share of
funds for administrative costs, to units of
general local government and private
nonprofit organizations in the State to carry
out all eligible activities.
´
Granted By: Mercedes Marquez, Assistant
Secretary for Community Planning and
Development.
Date Granted: May 24, 2010.
Reason Waived: The grantee provided
sufficient information for HUD to conclude
the following: (1) The HMIS is already in
place; (2) the HMIS is administered by the
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State of Washington; and (3) the alternative
proposal of utilizing a fee structure to
administer HMIS and meet the requirements
in the Recovery Act would impose additional
administrative burdens for the State.
Contact: Ann M. Oliva, Director, Office of
Special Needs Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th 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 ReHousing Program (HPRP) 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, Adams County, Colorado requested
a waiver of the limitation on eligible
subgrantees in order to subgrant HPRP funds
to the Adams County Housing Authority
(ACHA).
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 M. Marquez.
Assistant Secretary for Community Planning
and Development.
Date Granted: June 22, 2010.
Reason Waived: The grantee provided
sufficient information for HUD to conclude
the following: (1) HPRP participants would
be selected in a manner that ensure ACHA
residents are not unfairly selected over other
eligible individuals and families; (2) utilizing
the ACHA as a subgrantee would result in an
efficient and effective program that benefits
HPRP participants; and (3) the ACHA 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 7th 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 ReHousing Program (HPRP) 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 State of Minnesota Department of
Human Services (MDHS), requested a waiver
of the prohibition against placing HPRP
participants in subsidized housing owned by
the subgrantee, Anoka County Community
Action Program (ACCAP).
Nature of Requirement: Subsections IV.A.
of the HPRP Notice provides that HPRP
financial assistance may not be used in
connection with housing owned by the
grantee, subgrantee, or the parent, subsidiary,
or affiliated organization of the subgrantee.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
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Date Granted: May 12, 2010.
Reason Waived: The subgrantee provided
sufficient information for HUD to conclude
the following: (1) The use of the housing
owned by AACAP was necessary to provide
an adequate supply of appropriate housing
options for HPRP participants; (2) AACAP
had disclosed the conflict of interest; (3)
ACCAP’s attorney reviewed the conflict of
interest and determined that the use of
housing owned by the subgrantee would not
violate State or local law; (4) HPRP
participants would not be required or steered
to live in AACAP’s housing in order to
receive financial or other assistance under
HPRP; and (5) the use of the housing owned
by AACAP would not result in any personal
or financial gain for any employee of the
grantee, subgrantee, or the parent, subsidiary,
or affiliated organization of the subgrantee.
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 (202) 708–4300.
• Regulation: Notice of Allocations,
Application Procedures, and Requirements
for Homelessness Prevention and Rapid ReHousing Program (HPRP) 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, Maine State Housing Authority
(MSHA), requested a waiver of the
prohibition against placing HPRP
participants in subsidized housing owned by
the subgrantee, York County Shelter
Programs, Inc. (YCSPI).
Nature of Requirement: Subsection IV.A. of
the HPRP Notice provides that HPRP
financial assistance may not be used in
connection with housing owned by the
grantee, subgrantee, or the parent, subsidiary,
or affiliated organization of the subgrantee.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: April 7, 2010.
Reason Waived: The grantee provided
sufficient information for HUD to conclude
the following: (1) The use of the housing
owned by YCSPI was necessary to provide an
adequate supply of appropriate housing
options for HPRP participants; (2) YCSPI had
disclosed the conflict of interest; (3) MSHA’s
attorney reviewed the conflict of interest and
determined that the use of the housing
owned by the subgrantee would not violate
State or local law; (4) HPRP participants
would not be required or steered to live in
YCSPI’s housing in order to receive financial
or other assistance under HPRP; and (5) the
use of the housing owned by YCSPI would
not result in any personal or financial gain
for any employee of the grantee, subgrantee,
or the parent, subsidiary, or affiliated
organization of the subgrantee.
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
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7262, Washington, DC 20410–7000,
telephone (202) 708–4300.
• Regulation: Notice of Allocations,
Application Procedures, and Requirements
for Homelessness Prevention and Rapid ReHousing Program (HPRP) 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 Spartanburg County Community
& Economic Development Department,
Spartanburg County, South Carolina,
requested a waiver of the prohibition against
placing HPRP participants in subsidized
housing owned by the subgrantee, Upstate
Homeless Coalition of South Carolina
(UHCSC).
Nature of Requirement: Subsection IV.A. of
the HPRP Notice provides that HPRP
financial assistance may not be used in
connection with housing owned by the
grantee, subgrantee, or the parent, subsidiary,
or affiliated organization of the subgrantee.
´
Granted By: Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
Date Granted: May 12, 2010.
Reason Waived: The grantee provided
sufficient information for HUD to conclude
the following: (1) The use of the housing
owned by UHCSC was necessary to provide
an adequate supply of appropriate housing
options for HPRP participants; (2) UHCSC
had disclosed the conflict of interest; (3)
UHCSC’s attorney reviewed the conflict of
interest and determined that the use of the
housing owned by UHCSC would not violate
State or local law; (4) HPRP participants
would not be required or steered to live in
UHCSC’s housing in order to receive
financial or other assistance under HPRP;
and (5) the use of the housing owned by
UHCSC would not result in any personal or
financial gain for any employee of the
grantee, subgrantee, or the parent, subsidiary,
or affiliated organization of the subgrantee.
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 (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 202.3(a)(3).
Project/Activity: All FHA Approved Title II
Mortgagees
Nature of Requirement: This regulation
subsection contains the requirements for
principal—authorized agent relationship
originations of FHA single family loans. It
was revised by a May 20, 2010, final rule to
require: (1) Both mortgagees to have
unconditional direct endorsement approval,
(2) the principal mortgagee originate the loan,
and (3) the authorized agent mortgagee
underwrites the loan.
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Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 11, 2010 by issuance of
Mortgagee Letter 2010–20.
Reason Waived: The effective date of the
May 20, 2010, was delayed to allow
mortgagees sufficient time to meet the new
requirement that they must have
unconditional direct endorsement approval
and for FHA to make changes to the single
family loan origination system to comply
with the revised regulations.
Contact: Richard G. Toma, Deputy
Director, Office of Lender Activities and
Program Compliance, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
P3214, Washington, DC 20410–8000,
telephone (202) 708–1515.
• Regulation: 24 CFR 202.8(b)(3).
Project/Activity: FHA Approved Title I and
Title II Nonsupervised Loan Correspondents
with fiscal years ending on or after December
31, 2009.
Nature of Requirement: A HUD May 20,
2010, final rule removed the annual renewal
requirement for nonsupervised loan
correspondent previously in 24 CFR
202.8(b)(3) and replaced them with a
provision in the revised 24 CFR 208.8(c)
which allows loan correspondents that are
currently FHA-approved as of the May 20,
2010, effective date of the final rule to
maintain their FHA approval through
December 31, 2010. Any loan correspondent
that had not met the old annual renewal
requirements by May 20, 2010, were still
subject to the prior annual renewal
requirement of paying the annual renewal
fee, submitting audited financial statements
and completing the annual certification
report. A waiver of the requirement to submit
audited financial statements was made for all
nonsupervised loan correspondents whose
fiscal year ended on or after December 31,
2009, who were otherwise in good standing
with the Department.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 11, 2010 by issuance of
Mortgagee Letter 2010–20.
Reason Waived: The Department
determined that requiring submission of
audited financial statements, and the costs
associated with such a requirement, would
place an unreasonable burden on loan
correspondents, especially in light of the fact
that their approval would only continue for
less than one year.
Contact: Richard G. Toma, Deputy
Director, Office of Lender Activities and
Program Compliance, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., P3214,
Washington, DC 20410–8000, telephone (202)
708–1515.
• Regulation: 24 CFR 219.220(b).
Project/Activity: M. L. King, Jr.
Apartments, Seattle, Washington—FHA
Project Number 127–35004. The owner is
requesting to defer repayment of the Flexible
Subsidy Operating Assistance Loan on this
project to give the owner a longer term to pay
off the loan.
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Nature of Requirement: Section 219.220(b)
governs the repayment of operating
assistance provided under the Flexible
Subsidy Program for Troubled Projects prior
to May 1, 1996 states: ‘‘Assistance that has
been paid to a project owner under this
subpart must be repaid at the earlier of the
expiration of the term of the mortgage,
termination of these actions would typically
terminate FHA involvement with the
property, and the Flexible Subsidy loan
would be repaid, in whole, at that time.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: April 5, 2010.
Reason Waived: The owner requested
waiver of the requirement to defer repayment
of the Flexible Subsidy Operating Assistance
Loan because the project did not have
sufficient funds to repay the loan at maturity
of the mortgage. Permission was granted
because the owner is in compliance with all
business agreements with HUD and has met
required HUD standards. The loan was
reamortized and interest has been deferred
over a 25-year period. The owner has
recorded a Use Agreement for the 25-year
period allowing the project to remain as vital
affordable housing for the area.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410–7000,
telephone: (202) 708–3730, extension 7538.
• Regulation: 24 CFR 219.220(b).
Project/Activity: Friendship Terrace, FHA
No. 000–SH0001/Pre 1974. 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 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 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: Ronald Y. Spraker, Associate
General Deputy Assistant Secretary for
Housing.
Date Granted: May 20, 2010.
Reason Waived: This regulation was
waived in order to exempt Episcopal Church
Home, Friendship, 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 preservation of the
project as an affordable housing resource.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410–7000,
telephone: (202) 708–3730, extension 7538.
• Regulation: 24 CFR 219.220(b).
Project/Activity: Faush-Metropolitan
Manor (Jefferson County), FHA No. 062–
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EH022. The owner requested permission to
continue deferral of repayment of the
Flexible Subsidy loan on this project,
following a one-year deferral granted on
March 27, 2009. The deferral would enable
improved security upgrades for the elderly
residents of the project.
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 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: May 28, 2010.
Reason Waived: This regulation was
waived in order to extend the exemption of
Faush Metropolitan Manor, Incorporated,
from the requirement to repay the Flexible
Subsidy Operating Assistance Loan upon
prepayment/refinancing of the loan; thereby
allowing improved security upgrades for the
elderly residents of the project.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410–7000,
telephone: (202) 708–3730, extension 7538.
• Regulation: 24 CFR 290.30(a).
Project/Activity: The Winery Apartments,
Fresno, California—FHA Project Number
121–35490A. The owner has requested a
waiver to allow the Department of HUD to
sell the current unsubsidized mortgage loan
on a non-competitive basis.
Nature of Requirement: HUD’s regulations
governing the sale of HUD–Held mortgages
are set forth in 24 CFR part 290, subpart B.
Section 290.30(a) of those regulations state
that ‘‘[e]xcept as otherwise provided in
Section 290.31(a)(2), HUD will sell HUD–
Held multifamily mortgages on a competitive
basis.’’ Section 290.31(a)(2) permits
‘‘negotiated’’ sales to State or local
governments for mortgage loans that are
current and secured by subsidized projects,
provided such loans are sold with FHA
insurance.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 30, 2010.
Reason Waived: This regulation was
waived in order to allow the sale of The
Winery Apartments to the California Housing
Finance Agency. Sale to a profit-motivated
purchaser could have placed demands on the
property in order to obtain a return on its
investment and given the thin operating
margins at the project, demands could lead
to a foreclosure of the Note and loss of this
much-needed low-income housing.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410–7000,
telephone (202) 708–3730, extension 7538.
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• Regulation: 24 CFR 236.725.
Project/Activity: New Vista I Apartments,
Chicago, Illinois—FHA Project Number 071–
031NI. A Decoupling proposal was made by
the owner to pay off the Section 236 noninsured mortgage, continue Interest
Reduction Payments and complete
redevelopment of the property.
Nature of Requirement: Section 236.725 of
HUD’s regulations limits the term of the
rental assistance contract to the term of the
mortgage or 40 years from the date of the first
payment made under the contract, whichever
is the lesser.
Granted By: David H. Stevens, Assistant
Secretary for Housing-Federal Housing
Commissioner.
Date Granted: April 29, 2010.
Reason Waived: This regulation waiver
was approved to allow for continuance of the
Rental Assistance Payments contract and to
refinance its Section 236 non-insured
mortgage. The waiver is predicated on the
project entering into a new recorded Use
Agreement restricting the project to be
operated under the Section 236 mortgage
plus an additional statutorily mandated five
years. The preservation of this affordable
housing project will thereby continue until
2021.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410–7000,
telephone (202) 708–3730, extension 7538.
• Regulation: 24 CFR 236.725.
Project/Activity: Shalom Towers
Apartments, Newark, New Jersey—FHA
Project Number 031–072NI. The owner has
requested waiver of this regulation to permit
continuation of Rent Assistance Payments
after prepayment of the non-insured Section
236 mortgage.
Nature of Requirement: Section 236.725 of
HUD’s regulations limits the term of the
rental assistance contract to the term of the
mortgage or 40 years from the date of the first
payment made under the contract, whichever
is the lesser.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: April 29, 2010.
Reason Waived: Granting waiver of this
regulation will provide stability of the
project-based rental assistance and enhance
the long-term financial feasibility through the
proposed rehabilitation and refinancing of
the property. The waiver will also allow the
current tenants to remain and the property to
be preserved as a low-income housing
resource through 2021.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410–
7000, telephone (202) 708–3730, extension
7538.
• Regulation: 24 CFR 883.308(d).
Project/Activity: Treemont Apartments,
Buena Vista, Virginia—Section 8 Contract
number VA36HO27229. The owner has
requested waiver of the regulation requiring
that Section 8 Contract Rents be reduced if
debt service on the permanent project
financing is reduced below the debt service
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60787
on which the rents were based. The owner
proposes to acquire and renovate the project.
Nature of Requirement: Section 883.308 of
HUD’s regulations governs the reduction of
contract rents for in projects financed under
the Section 8 Housing Assistance Payments
Program for State Housing Agencies. The
regulation states: ‘‘If the actual debt service to
the owner under the permanent financing is
lower than the anticipated debt service on
which the Contract Rents were based, the
initial Contract Rents, or the Contract Rents
currently in effect, must be reduced
commensurately, and the amount of the
savings credited to the project account.’’
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: April 16, 2010.
Reason Waived: This waiver was granted
in order to allow the owner, who is a
developer of affordable housing, to acquire
and renovate the project with benefit of new
loans at reduced interest rates and Low
Income Housing Tax Credits. They plan to
request a new Housing Assistance Payments
Contract and comply with a Use Agreement
requirement, maintaining the property for 50
years as much needed affordable housing.
Contact: Robert G. Iber, Acting Director,
Office of Asset Management, Department of
Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410–
7000, telephone (202) 708–3730, extension
7538.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Robertson Hill
Apartments, Raleigh, NC, Project Number:
053–HD245/NC19–Q081–005.
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: April 14, 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: North Highlands VOA
Living Center, North Highlands, CA, Project
Number: 136–HD019/CA30–Q061–001.
Nature of Requirement: Section 891.100(d)
prohibits amendment of the amount of the
approved capital advance funds prior to
closing.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: May 13, 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.
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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: Mosaic Housing XX,
Garden City, Garden City, KS, Project
Number: 102–HD040/KS16–Q081–001.
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: May 21, 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: St. John’s Commons,
Havre de Grace, MD, Project Number: 052–
EE058/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: May 21, 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, Department of Housing and
Urban Development, 451 7th Street, SW.,
Washington, DC 20410–8000, telephone (202)
708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Mapleway Achievement
Center, Monmouth, IL, Project Number: 072–
HD156/IL06–Q081–004.
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: May 27, 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, Department of Housing and
Urban Development, 451 7th Street, SW.,
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Room 6130, Washington, DC 20410–8000,
telephone (202) 708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: St. Augustine Manor, New
Iberia, LA, Project Number: 064–EE229/
LA48–S081–007.
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: June 9, 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: Chadwick Place II,
Marion, OH, Project Number: 043–EE123/
OH16–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: June 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: New Meadow Elderly
Housing, Newington, CT, Project Number:
017–EE102/CT26–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: June 16, 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).
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Project/Activity: Sueno Real Apartments,
Arroyo, PR, Project Number: 056–HD031/
RQ46–Q061–001.
Nature of Requirement: Section 891.100(d)
prohibits amendment of the amount of the
approved capital advance funds prior to
closing.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 25, 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: Grace Place Retirement
Community, Memphis, TN, Project Number:
081–EE045/TN40–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: June 25, 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: Fillmore Haciendas,
Phoenix, AZ, Project Number: 123–EE105/
AZ20–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-bycase basis.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: May 13, 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 and
additional time was needed to achieve an
initial closing.
Contact: Willie Spearmon, Director, Office
of Housing Assistance and Grant
Administration, Office of Housing,
Department of Housing and Urban
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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: RJ Piltz Vista Bonita
Apartments, Mesa, AZ, Project Number: 123–
HD041/AZ20–Q061–003.
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-bycase basis.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: May 21, 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 and
additional time was needed for issuance of
the firm commitment 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 891.100(d) and 24
CFR 891.165.
Project/Activity: Independence Place,
Conroe, TX, Project Number: 114–HD039/
TX24–Q071–003.
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-bycase basis.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 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 and
additional time was needed for additional
funds to be approved, issuance of the firm
commitment 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: The Warren Project,
Warren, NJ, Project Number: 031–HD154/
NJ39–Q071–003.
Nature of Requirement: Section 891.165
provides that the duration of the fund
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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: April 14, 2010.
Reason Waived: Additional time was
needed for the initial closing documents to
be updated and corrected 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: Oakridge Park
Apartments, Lake Oswego, OR, Project
Number: 126–EE059/OR16–S061–002.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: April 14, 2010.
Reason Waived: Additional time was
needed for the sponsor/owner to reapply for
tax credit funding for the mixed finance
project 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: 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: April 16, 2010.
Reason Waived: Additional time was
needed for the firm commitment to be
processed 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: Villa Serena, Chico, CA,
Project Number: 136–HD021/CA30–Q071–
001.
Nature of Requirement: Section 891.165
provides that the duration of the fund
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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: April 26, 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: Odd Fellows Senior
Housing, Bronx, NY, Project Number: 012–
EE351/NY36–S061–007.
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: April 26, 2010.
Reason Waived: Additional time was
needed for the initial closing documents to
be reviewed by HUD 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: 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: May 13, 2010.
Reason Waived: Additional time was
needed to resolve an environmental issue
involving noise, for the firm commitment to
be issued 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: Harrison Street Senior
Housing, Oakland, CA, Project Number: 121–
EE204/CA39–S071–008.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
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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: May 21, 2010.
Reason Waived: Additional time was
needed for the sponsor/owner to obtain low
income housing tax credit and tax exempt
bond, commitment and submit missing
exhibits for the firm commitment 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: Five Talents Apartments,
Lexington, MS, Project Number: 065–HD044/
MS26–Q081–001.
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: May 21, 2010.
Reason Waived: Additional time was
needed to issue and submit the firm
commitment application.
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: San Marino Apartments,
Montclair, CA, Project Number: 143–EE062/
CA43–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: May 27, 2010.
Reason Waived: Additional time was
needed for the sponsor/owner to submit the
cost certification documents for this mixed
finance project to reach an 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: Orchard Housing, Orchard
Park, NY, Project Number: 014–EE266/
NY06–S071–002.
Nature of Requirement: Section 891.165
provides that the duration of the fund
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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: May 28, 2010.
Reason Waived: Additional time was
needed for the sponsor/owner to resolve a rezoning issue with the town 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: 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: June 17, 2010.
Reason Waived: Additional time was
needed for amendment of the disposition
approval for the project site to be processed
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: Hamilton Heartwood
Homes, Columbus, OH, Project Number: 046–
HD036/OH10–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: June 17, 2010.
Reason Waived: Additional time was
needed for the sponsor/owner to resolve site
control issues with the City of Hamilton,
obtain additional funds, and for the project
to reach an initial closing.
Contact: Willie Spearmon, Director, Office
of Housing Assistance and Grant
Administration, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
6130, Washington, DC 20410–8000,
telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Council Towers VI Senior
Housing, Queens, NY, Project Number: 012–
EE360/NY36–S071–006.
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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: June 28, 2010.
Reason Waived: Additional time was
needed for completion of the sale of tax
exempt bonds by the New York City Housing
Development Corporation (NYCHDC) 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, 24 CFR
891.830(b) and 24 CFR 891.830(c)(4).
Project/Activity: Peralta Senior Housing,
Fremont, CA, Project Number: 121–EE205/
CA39–S081–001.
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.
Section 891.830(b) allows the capital advance
funds be drawn down only in an approved
ratio to other funds, in accordance with draw
down schedule approved by HUD. Section
891.830(c)(4) permits the capital advance
drawn down will be used only for eligible
costs actually incurred in accordance with
the provisions of this subpart and the
approved mixed-finance project. Section
891.830(c)(5) allows the amount of the draw
down is consistent with the ratio of 202 or
811 supportive housing units to other units.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 7, 2010.
Reason Waived: Additional time was
needed for issuance of the firm commitment,
construction of the project and for initial/
final closing of this capital advance upon
completion of project. Also, to allow the
capital advance to be drawn down in one
requisition to pay off that portion of the
financing that strictly relate to capital
advance eligible costs after completion of
construction at 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 891.830(c)(4).
Project/Activity: Village at St. Peter’s,
Pleasantville, NJ, Project Number: 035–
EE053/NJ39–S071–001.
Nature of Requirement: Section
891.830(c)(4) prohibits the capital advance
funds from paying off bridge or construction
financing, or repaying or collateralizing
bonds.
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Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 7, 2010.
Reason Waived: The waiver was granted to
permit capital advance funds to be used to
pay off that portion of the financing that
strictly relate to capital advance eligible
costs.
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 891.830(c)(4).
Project/Activity: Council Towers VI Senior
Housing, Queens, NY, Project Number: 012–
EE360/NY36–S071–006.
Nature of Requirement: Section
891.830(c)(4) prohibits the capital advance
funds from paying off bridge or construction
financing, or repaying or collateralizing
bonds.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: June 7, 2010.
Reason Waived: The waiver was granted to
permit capital advance funds to be used to
pay off that portion of the financing that
strictly relate to capital advance eligible
costs.
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: ML 2009–46 B (Baseline
Condo Guidance—ML serves as regulation as
defined under the Housing and Economic
Recovery Act (HERA)).
Project/Activity: Blanket Waiver for all
FHA-approved lenders.
Nature of Requirement: ML 2009–46 B
requires homeowner (HO)–6 insurance
coverage for individual condominium units
when the project Master Policy does not
include interior unit coverage. HO–6
coverage is a ‘‘walls-in’’ policy that protects
the interior improvements and betterments in
the event of perils such as bad weather, fire,
explosion, and theft. HO–6 policies also
generally cover improvements made,
including private balconies or entrances,
special fixtures or other additions to the
property not covered by the Master Policy.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: April 29, 2010.
Reason Waived: FHA-approved lenders’
information technology (IT) infrastructure,
including processing and underwriting
systems do not currently accommodate for
collection and management of this data.
FHA-approved lenders advise HUD that any
attempts to solve the problem immediately
would pose significant risks that could
ultimately lead to unsalable or uninsurable
loans to FHA. Without the waiver, lenders
would have to discontinue the condominium
program; thereby, affecting purchasers who
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intend to purchase a condominium unit and
will diminish affordable housing
opportunities. The sale of condominium
units was determined to be vital to the
recovery of the housing market.
Contact: Joanne B. Kuczma, Housing
Program Officer, Office of Single Family
Program Development, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
9266, Washington, DC 20410–8000,
telephone (202) 708–2121.
• Regulation: ML 2009–46 B (Baseline
Condo Guidance—ML serves as regulation as
defined under HERA).
Project/Activity: Taconic Investment,
Meadow Wood at Gateway Condominium
Project, Brooklyn, New York.
Nature of Requirement: ML 2009–46 B
requires that no more than ten (10) percent
of the units may be owned by one investor.
Previously, the ten (10) percent investor
ownership limitation only applied to FHA’s
‘‘spot loan’’ approval process, permitted
under 24 CFR 234.26(i). This limitation also
applies to builders/developers that
subsequently rent vacant and unsold units.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: May 21, 2010.
Reason Waived: In New York City, tenants
are protected under the Rent Stabilization
Law. Issuance of the waiver was determined
to allow for lenders to continue making FHAinsured loans in the condominium; posed a
low risk to the Mutual Mortgage Insurance
(MMI) fund; was determined important due
to the critical need for additional affordable
housing in New York City; and would not
violate any statutory requirements.
Contact: Joanne B. Kuczma, Housing
Program Officer, Office of Single Family
Program Development, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
9266, Washington, DC 20410–8000,
telephone (202) 708–2121.
• Regulation: ML 2009–46 B (Baseline
Condo Guidance—ML serves as regulation as
defined under HERA).
Project/Activity: Taconic Investment,
Meadow Wood at Gateway Condominium
Project, Brooklyn, New York.
Nature of Requirement: ML 2009–46 B
requires that no more than ten (10) percent
of the units may be owned by one investor.
Previously, the ten (10) percent investor
ownership limitation only applied to FHA’s
‘‘spot loan’’ approval process, permitted
under 24 CFR 234.26(i). This limitation also
applies to builders/developers that
subsequently rent vacant and unsold units.
Granted By: David H. Stevens, Assistant
Secretary for Housing—Federal Housing
Commissioner.
Date Granted: May 21, 2010.
Reason Waived: In New York City, tenants
are protected under the Rent Stabilization
Law. Issuance of the waiver was determined
to allow for lenders to continue making FHAinsured loans in the condominium; posed a
low risk to the Mutual Mortgage Insurance
(MMI) fund; was determined important due
to the critical need for additional affordable
housing in New York City; and would not
violate any statutory requirements.
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Contact: Joanne B. Kuczma, Housing
Program Officer, Office of Single Family
Program Development, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW., Room
9266, Washington, DC 20410–8000,
telephone (202) 708–2121.
III. Regulatory Waivers Granted by the
Office of Public and Indian Housing
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 5.216(b).
Project/Activity: Louisiana Housing
Authority (LHA), LA.
Nature of Requirement: HUD’s regulation
at 24 CFR 5.216(b) requires that applicants
submit Social Security Numbers while
eligibility is being determined.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: Vital records of many of
the individuals to be served were destroyed
by the hurricanes and in some instances the
offices where this information was
maintained were also destroyed. As a result,
there were delays in obtaining these
documents.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–500, telephone (202) 708–0477.
• Regulation: 24 CFR 902.40.
Project/Activity: Phillipsburg Housing
Authority, (KS036), Phillipsburg, KS.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) indicator for fiscal year ending
September 30, 2009, because the HA was not
confident that it could accurately comply or
replicate the requested information to meet
the requirements of the regulation and
believed that any attempt to do so would
likely result in inaccurate data and incorrect
submission. The waiver was granted for fiscal
year ending September 30, 2009.
Consequently, the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, Acting
Program Manager, NASS, Real Estate
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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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Leon Housing Authority,
(IA027), Leon, IA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) indicator for fiscal year ending
September 30, 2009, because the HA had
neither a viable method for reconstructing
the data, nor the staff resources to devote to
this task given other program requirements.
The waiver was granted for fiscal year ending
September 30, 2009. Consequently, the most
recent management operations score of
record would be carried over to the fiscal
year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Hillsboro Housing
Authority, (KS096), Hillsboro, KS.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) indicator for fiscal year ending
September 30, 2009, because the HA’s effort
to replicate the data needed for an accurate
management operations certification would
result in an administrative burden as the HA
no longer had a viable method for
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reconstructing the data. The waiver was
granted for fiscal year ending September 30,
2009. Consequently, the most recent
management operations score of record
would be carried over to the fiscal year being
assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Brunswick Housing
Authority, (GA009), Brunswick, GA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 09, 2010.
Reason Waived: The HA contends that it
acquired a new business system to capture
the relevant data required for its conversion
to asset management. To complete the
Management operations certification
requirement under the old system would
impose an administrative burden. The waiver
was granted for fiscal year ending June 30,
2009, and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the
City of Iola, (KS049), Iola, KS.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 12, 2010.
Reason Waived: The HA contends that it
revised its manual system to capture relevant
data required for its conversion to asset
management, and no longer had a viable
method for reconstructing the data. The HA’s
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action would result in an administrative
burden in an effort to replicate the data
needed for accurate management operations
certification. The waiver was granted for
fiscal year ending March 31, 2010, and the
most recent management operations score of
record would be carried over to the fiscal
year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Washington County
Housing Authority, (PA017), Washington,
PA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 16, 2010.
Reason Waived: The HA contends that it
requested a waiver due to resulting hardship
created by an extensive reorganization of
personnel, procedures, staffing and on-going
modification of its computer software to
facilitate reporting in its conversion to asset
management. The waiver was granted for
fiscal year ending September 30, 2010, and
the most recent management operations score
of record would be carried over to the fiscal
year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Altoona Housing
Authority, (PA031), Washington, PA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 16, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
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operations certification requirements under
the Management Assessment Subsystem
(MASS) indicator for fiscal year ending June
30, 2009, because the HA converted its
public housing operations to asset
management and had its staff attend the HUD
asset management training workshops,
provided in house-training, and implemented
new software to convert all of their housing
data to the new system. Reconstructing the
current management operations certification
data would impose an administrative
hardship for the PHA. Consequently, the
waiver was granted for fiscal year ending
June 30, 2009, and the most recent
management operations score of record
would be carried over to the fiscal year being
assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of
Clackamas County, (OR001), Oregon City,
OR.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 20, 2010.
Reason Waived: The HA contends that it
has been fine tuning its internal systems in
order to accurately track and report progress
in meeting requirements based on the
expectation that a PHAS III Final rule would
be published by the end of the transition
year. The waiver was granted for fiscal year
ending June 30, 2009, and the most recent
management operations score of record
would be carried over to the fiscal year being
assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of New
Orleans (LA001), New Orleans, LA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
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administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA contends that it
recently underwent an in-depth assessment
of its operations and identified significant
deficiencies in the areas of housing
management, maintenance, finance and
management information systems. The
assessment confirmed that internal
recordkeeping and reporting systems were
insufficient to produce accurate,
comprehensive data necessary to complete a
management operations certification. The
waiver was granted for fiscal year ending
September 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of
Dell (AR078), Dell, AR.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA requested a
waiver because it (1) operates fourteen public
housing units managed by a part-time
manager, (2) was not converting to asset
management and (3) had not maintained
adequate records and documentation to
submit its management operations
certification. The waiver was granted because
the HA has fewer than 400 public housing
units, and the HA had not maintained
adequate records and documentation
sufficient to comply with the requirements of
24 CFR 902.40 and 24 CFR 902.43, subpart
D. Compiling the data necessary to meet the
requirements of Subpart D would impose an
administrative hardship. The most recent
management operations score of record
would be carried over for the fiscal year
ending December 31, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of
Augusta (GA001), Augusta, GA.
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60793
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA contends that it
converted to asset management, completed
its staffing reorganization, updated its job
descriptions and has been conducting ongoing staff training in preparation for the new
roles under asset management. Additionally,
the HA reported it has been developing
computer software to comply with the new
reporting requirements. Retrieving the data
needed for an accurate management
operations certification would result in an
administrative hardship. The waiver was
granted because the HA needed the time to
complete the conversion to asset
management. Therefore, the most recent
management operations score of record
would be carried over for fiscal year ending
March 31, 2010.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of
Newnan (GA095), Newnan GA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 29, 2010.
Reason Waived: The HA contends that it
converted to asset management, established
three Asset Management Projects (AMPS)
with a project manager for each AMP, and
adopted project-based budgeting for each
AMP. The HA also established a Central
Office Cost Center (COCC) and has been
developing its software systems, reporting
procedures and internal controls in order to
further enhance the conversion to asset
management. The waiver was granted
because to interrupt the HA’s progress and
require submission of a management
operations certification would impose an
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administrative hardship. The most recent
management operations score of record
would be carried over for the fiscal year
ending June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Jefferson Metropolitan
Housing Authority, (OH014), Steubenville,
OH.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it
divided its operations into three Asset
Management Projects (AMPS) and
decentralized maintenance and purchasing
activities. As a result, the HA no longer
tracks management operations information.
The waiver was granted because to submit a
management operations certification would
impose an administrative hardship. The most
recent management operations score of
record would be carried for fiscal year ending
December 31, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the
County of Los Angeles, (CA002), Monterey
Park, CA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it
initiated asset management on July 1, 2007,
and decentralized budget, accounting and its
management systems for its housing
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developments including a new management
software system. The waiver was granted
because to submit a management operations
certification would require re-programming
the current software and reconciling data
from prior software system. This would
result in increased costs and create an
administrative hardship. Consequently, the
most recent management operations score of
record would be carried over for the fiscal
year ending June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Tacoma Housing
Authority, (WA005), Tacoma, WA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it
initiated asset management on July 1, 2008,
and converted to a new management software
system for tracking its operations on a
property versus agency basis. The waiver was
granted because to submit a management
operations certification would require site
staff to manually track the information and
would result in administrative hardship. The
most recent management operations score of
record would be carried over for fiscal year
ending June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Fayette County Housing
Authority, (PA015), Uniontown, PA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
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Date Granted: April 30, 2010.
Reason Waived: The HA implemented and
transitioned to asset management. The
waiver was granted because it would require
manually collecting the data required for
certification and would result in
administrative hardship. The most recent
management operations score of record
would be carried over for fiscal year ending
June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Lucas Metropolitan
Housing Authority, (OH006), Toledo, OH.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that it
began converting to asset management in
January 2008 and has implemented and
transitioned to asset management. The
conversion included a realignment of staff,
revised position descriptions and major shift
in property management staff duties, projectbased budgeting and accounting and software
upgrades to track and report relevant data.
The waiver was granted because it would
result in administrative hardship to gather
the data for the management operations
certification. Consequently, the most recent
management operations score of record
would be carried over for the fiscal year
ending December 31, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Guam Housing and Urban
Renewal Authority, (GQ001), Sinajana,
Guam.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
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Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that
retrieving and compiling the data from four
property sites into one composite report
would be an administrative hardship. The
waiver was granted because it would take
time and focus away to concentrate on fully
converting the four property sites into full
asset management. The most recent
management operations score of record
would be carried over for fiscal year ending
September 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: City of Phoenix Housing
Department, (AZ001), Phoenix, AZ.
Nature of Requirement: The regulation
establishes that public housing agencies are
required to submit a management operations
certification under Public Housing
Assessment System (PHAS). Public housing
agencies that are converting to asset
management and for which the submission of
the current management operations
certification would impose an administrative
hardship, may request a waiver for their
management operations certification within
30 days from the PHAS Asset Management
Transition Year 2 Notice dated January 12,
2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that it
acquired a new business system that has
capability to track information at the project
level. However the system was not instituted
for the entire 2009 fiscal year. To accurately
reflect management operations certification
data, the HA would have to extract data from
old and new systems and compare the two
to ensure there is no duplicate information.
The waiver was granted because it would
result in administrative hardship. The most
recent management operations score of
record would be carried over for fiscal year
ending June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of
Winston-Salem, (NC012), Winston-Salem,
NC.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
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operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it
spent a large sum of money, time and
resources in converting existing software to
track property operations at each site and to
comply with the new reporting requirements
for asset management. The HA no longer
tracks management operations PHA-wide and
any certification provided would likely be
inaccurate. The waiver was granted because
it would result in administrative hardship.
The most recent management operations
score of record would be carried over for
fiscal year ending September 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Mississippi Regional
Housing Authority, (MS030), Newton, MS.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it is
converting to asset management and has
installed project managers and is in the
process of converting and revising its
software systems for tracking and reporting
operations on a decentralized property versus
centralized agency. The waiver was granted
because compiling the information using the
current format, based on a centralized model
would result in administrative hardship. The
most recent management operations score of
record would be carried over for fiscal year
ending June 30, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Oklahoma City Housing
Authority, (OK002), Oklahoma City, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
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Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it is
in its second year of its transition to asset
management and has begun modifying the
automated information systems to support
asset management. The waiver was granted
because to convert this data back to project
designations in order to provide a
management certification would pose an
administrative hardship. The most recent
management operations score of record
would be carried over for fiscal year ending
December 31, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Junction City Housing
Authority, (KS105), Junction City, KS.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 28, 2010.
Reason Waived: The HA contends that it
discontinued collecting the data required for
a management assessment certification based
on the expectation that a PHAS III Final Rule
would be published by the end of the
transition year. The waiver was granted
because the HA would not be able to certify
to the quality or accuracy of the information
and that would pose an administrative
hardship. The most recent management
operations score of record would be carried
over for fiscal year ending December 31,
2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Mobile Housing Board,
(AL002), Mobile, AL.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
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housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 28, 2010.
Reason Waived: The HA contends that a
new management team has been working to
compile, authenticate and verify the key
management-related information to provide a
management assessment certification. Many
of the electronic records were apparently lost
prior to the removal of the former executive
director. The waiver was granted because the
HA’s efforts to certify its management
operations information would pose an
administrative hardship. The most recent
management operations score of record
would be carried over for fiscal year ending
December 31, 2009.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Laurinburg Housing
Authority, (NC018), Laurinburg, NC.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) indicator for the fiscal year ending
June 30, 2009, because the HA is in the
process of converting to asset management.
The HA divided its properties into two Asset
Management Project (AMPs), expended large
sums of money, time and resources in
converting its existing software to track
property operations at each site to comply
with the new reporting requirements for asset
management. In order to compile the
information needed for certification, the HA
would have to reconstruct the data manually
by pulling all vacancy files and work orders.
Retrieving the data needed for certifying
MASS performance would result in an
administrative hardship. The waiver was
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17:34 Sep 30, 2010
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granted for fiscal year ending June 30, 2009,
and the most recent management operations
score of record would be carried over to the
fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Butler Metropolitan
Housing Authority, (OH015), Hamilton, OH.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 9, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending June
30, 2009. Submission of the management
operations certification would impose an
administrative burden on the HA because the
HA has been modifying its automated
information system to comply with asset
management. Additionally, the HA
encountered significant changes in its
management staff that would pose a burden
for the HA to submit its management
operations certification. The waiver was
granted because the HA is in the process of
converting to asset management and
submission of the management operations
certification would impose an administrative
hardship. The most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Granite City Housing
Authority, (IL005), Granite City, IL.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
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Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending
December 31, 2009. Compiling the
information required for submission of the
management operations certification would
be time consuming and will result in an
administrative hardship, because the HA is
converting to asset management. The waiver
was granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: North Iowa Regional
Housing Authority, (IA127), Mason City, IA.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending
September 30, 2009, because the HA would
not be able to certify to the quality or
accuracy of the MASS certification data due
to unreasonable hardship. The waiver was
granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the
City of Harlingen, (TX065), Harlingen, TX.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
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waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending
March 31, 2009, because compiling the
information required for submission of the
management operations certification would
be time consuming and will result in an
administrative hardship, as the HA is
converting to asset management. The waiver
was granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Dallas Housing Authority,
(TX009), Dallas, TX.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending
December 31, 2009, because the HA operates
approximately 4,500 public housing units
and is in Transition Year 2 of converting its
inventory to asset management. In modifying
its reporting and business processes to
accommodate asset management, the HA
would encounter a significant burden in
trying to replicate the information needed to
certify its MASS performance resulting in an
administrative hardship. The waiver was
granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the
City of Oxnard, (CA031), Oxnard, CA.
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Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending June
30, 2009, because the HA is in its second year
of asset management. The HA is developing
tracking mechanisms to support property
operations and its compliance with the new
reporting requirements for asset management.
The HA no longer tracks management
operations data PHA wide and compiling the
information would be inaccurate and cause
an administrative hardship. The waiver was
granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 902.40.
Project/Activity: Metropolitan
Development and Housing Agency, (TN005),
Nashville, TN.
Nature of Requirement: HUD’s regulation
at 24 CFR 902.40 establishes that public
housing agencies are required to submit a
management operations certification under
Public Housing Assessment System (PHAS).
Public housing agencies that are converting
to asset management and for which the
submission of the current management
operations certification would impose an
administrative hardship, may request a
waiver for their management operations
certification within 30 days from the PHAS
Asset Management Transition Year 2 Notice
dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a
waiver of the Transition Year 2 management
operations certification requirements under
the Management Assessment Subsystem
(MASS) Indicator for fiscal year ending June
30, 2009, because the HA has converted its
public housing operations to asset
management and also converted to a new
software system for tracking and reporting its
operations on a decentralized property versus
centralized agency basis. Currently, the HA is
monitoring and reporting on relevant
indicators at the Asset Management Project
(AMP) level on a monthly basis. Compiling
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60797
the information using the current format,
based on a centralized model, would result
in an unreasonable hardship. The waiver was
granted and the most recent management
operations score of record would be carried
over to the fiscal year being assessed.
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) 475–8583.
• Regulation: 24 CFR 941.306(b) and (c).
Project/Activity: C.W. Brooks Midrise.
Nature of Requirement: HUD’s regulations
at 24 CFR 941.306(b) and (c) require that the
construction of units is within the Total
Development Costs (TDC) and limits Housing
Construction Costs (HCC).
Granted By: Sandra B. Henriquez, Assistant
Secretary of Public and Indian Housing.
Date Granted: March 7, 2010.
Reason Waived: The Housing Authority of
the City of Hagerstown, MD received funds
under the American Reinvestment and
Recovery Act (ARRA) to meet the Green
Communities Criteria and complete 60 public
housing units. A waiver of TDC/HCC limits
is 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 Public and
Indian Housing, Department of Housing and
Urban Development, 451 7th Street, SW.,
Room 4130, Washington, DC 20410–5000,
telephone (202) 402–4181.
• Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Gibson Plaza Apartments.
Nature of Requirement: HUD’s regulation
at 24 CFR 941.606(n)(1)(ii) requires public
housing agencies to certify that they will use
an open and competitive process to select its
partners.
Granted By: Sandra B. Henriquez, Assistant
Secretary of Public and Indian Housing.
Date Granted: May 14, 2010.
Reason Waived: HUD reviewed and
acknowledged District of Columbia Housing
Authority (DCHA) decision to procure First
Baptist through a noncompetitive proposal.
As a result, DCHA could not submit the
certifications and assurances that it would
use an open and competitive process to select
its partners. HUD found good cause to grant
the waiver for the limited purpose of
selecting First Baptist as the development
partner for the mixed-finance project at
Gibson Apartments.
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 20410–5000,
telephone (202) 402–4181.
• Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Renaissance Preserve
Family Apartments, HOPE VI Grant:
FL14URD041I105.
Nature of Requirement: HUD’s regulation
at 24 CFR 941.606(n)(1)(ii)(B) requires that if
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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: Deborah Hernandez, General
Deputy Assistant Secretary of Public and
Indian Housing.
Date Granted: April 1, 2010.
Reason Waived: The Housing Authority of
the City of Fort Myers, FL submitted an
independent cost estimate.
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 20410–5000,
telephone (202) 402–4181.
• Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Parkside Senior Housing.
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: Deborah Hernandez, General
Deputy Assistant Secretary of Public and
Indian Housing.
Date Granted: May 26, 2010.
Reason Waived: The Housing Authority of
the Township of Franklin, NJ submitted an
independent cost estimate.
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 20410–5000,
telephone (202) 402–4181.
• Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Huntsville, AL CFRC
Grant Number: AL0400000109F.
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: June 23, 2010.
Reason Waived: The Huntsville Housing
Authority, AL submitted an independent cost
estimate.
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 20410–5000,
telephone (202) 402–4181.
• Regulation: 24 CFR 982.305(c)(4).
Project/Activity: Southern Nevada Regional
Housing Authority (SNRHA), Las Vegas, NV.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.305(c)(4) provides that any
housing assistance payments (HAP) contract
executed after 60 calendar days from the
beginning of the lease term is void and the
public housing Agency (PHA) may not pay
any HAP to the owner.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 22, 2010.
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17:34 Sep 30, 2010
Jkt 220001
Reason Waived: Las Vegas and Clark
County Housing Authorities merged on
January 1, 2010. Pursuant to this merger, it
was discovered that several HAP contracts
had not been executed during the requisite
time period. The regulation was waived since
failure to execute those HAP contracts after
the due date was not the fault of the SNRHA
and to ensure continued rental assistance to
families under those HAP contracts.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.503(d) and
982.505(c)(3).
Project/Activity: Municipality of San Juan
Public Housing Authority (MSJPHA), San
Juan, PR.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.503(d) provides that HUD may
consider and approve a PHA’s establishment
of a payment standard lower than the basic
range, but that HUD will not approve a lower
payment standard if the family share for
more than 40 percent of participants in the
PHA’s Housing Choice Voucher program
exceeds 30 percent of adjusted monthly
income. The regulation at 24 CFR
982.505(c)(3) provides that if the amount on
the payment standard schedule is decreased
during the term of the HAP contract, the
lower payment standard amount generally
must be used to calculate the monthly HAP
for the family beginning at the effective date
of the family’s second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 26, 2010.
Reason Waived: These waivers were
granted because these cost-saving measures
would enable MSJPHA to both manage its
Housing Choice Voucher program within
allocated budget authority and avoid or
lessen the termination of HAP contracts due
to insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Columbus Housing
Authority (CHA), Columbus, GA.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
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enable CHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Low Rent Housing Agency
of Burlington (LRHAB), Burlington, IA.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable LRHAB to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Portsmouth Housing
Authority (PHA), Portsmouth, RI.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 14, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable PHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC.
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
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Project/Activity: Watertown Housing
Authority (WHA), Watertown, SD.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 20, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable WHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: New Ulm Economic
Development Authority (NUEDA), New Ulm,
MN.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 27, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable NUEDA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the
City of Ansonia (HACA), Ansonia, CT.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
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Date Granted: June 8, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable HACA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing and
Redevelopment Authority of Douglas County
(HRADC), Douglas County, MN.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: July 9, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable HRADC to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Petersburg Redevelopment
and Housing Authority (PRHA), Petersburg,
VA.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 9, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable PRHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
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60799
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Ferndale Housing
Commission (FHC), Ferndale, MI.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 10, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable FHC to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing and
Redevelopment Commission of the City of
Aberdeen (HRCCA), Aberdeen, SD.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable HRCCA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Cortland Housing
Authority (CHA), Cortland, NY.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
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monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable CHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Dodge County Housing
Authority (DCHA), Dodge County, WI.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(c)(3) provides that if the
amount on the payment standard schedule is
decreased during the term of the HAP
contract, the lower payment standard amount
generally must be used to calculate the
monthly HAP for the family beginning at the
effective date of the family’s second regular
reexamination following the effective date of
the decrease.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable DCHA to both manage its Housing
Choice Voucher program within allocated
budget authority and avoid or lessen the
termination of HAP contracts due to
insufficient funding.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Tennessee Housing
Development Agency (THDA), Nashville, TN.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(d) states that a public
housing agency may only approve a higher
payment standard for a family as a reasonable
accommodation if the higher payment
standard is within the basic range of 90 to
110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 22, 2010.
Reason Waived: The participant, who has
a disabled son, needed to remain in her
current neighborhood as a reasonable
accommodation for her son. To provide a
reasonable accommodation so the participant
could be assisted in her new unit and pay no
more than 40 percent of her adjusted income
toward the family share, the THDA was
allowed to approve an exception payment
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17:34 Sep 30, 2010
Jkt 220001
standard that exceeded the basic range of 90
to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Oklahoma Finance
Agency (OFA), Oklahoma City, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(d) states that a public
housing agency may only approve a higher
payment standard for a family as a reasonable
accommodation if the higher payment
standard is within the basic range of 90 to
110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: June 10, 2010.
Reason Waived: The participant, who is
disabled, needed to remain in her current
unit because it accommodates her disability.
To provide this reasonable accommodation
so the participant could be assisted in her
current unit and pay no more than 40 percent
of her adjusted income toward the family
share, the OFA was allowed to approve an
exception payment standard that exceeded
the basic range of 90 to 110 percent of the
FMR.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 983.51(b)(c) and (f).
Project/Activity: West Allis Community
development Authority (WACDA), West
Allis, WI.
Nature of Requirement: HUD’s regulation
at 24 CFR 983. 51(b)(c)(d) and (f) basically
require competitive selection of owner
proposals for project-based vouchers (PBV)
unless the units were competitively selected
under a similar competitive process as
described in the regulation.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 1, 2010.
Reason Waived: This waiver was granted
in order to maintain the affordability of a
Senior Housing Complex owned by the City
of West Allis and operated by the WACDA
due to rising maintenance costs and the need
to charge market rents.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 983.206(b).
Project/Activity: Malden Housing
Authority (MHA), Malden MA.
Nature of Requirement: HUD’s regulation
at 24 CFR 983.206(b) states that at the
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discretion of the PHA and provided that the
total number of units in a project that will
receive project-based voucher (PBV)
assistance or other project-based assistance
will not exceed 25 percent of the number of
dwelling units (assisted or unassisted) in the
project or the 20 percent of authorized budget
authority, a housing assistance payments
(HAP) contract may be amended during the
three-year period immediately following the
execution date of the HAP contract to add
additional PBV contract units in the same
project.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: May 7, 2010.
Reason Waived: The regulation was waived
to allow MHA to attach PBV assistance as
enhanced vouchers turned over for up to the
term of the HAP contract, 15 years, in order
to maintain their affordability on a nonspecified schedule.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of New
Orleans (HANO), New Orleans, LA.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: April 26, 2010.
Reason Waived: HANO is under
receivership and the HUD-selected contractor
assessed HANO’s operation and determined
a plan to bring the agency into compliance
will not be in place until the third or fourth
quarter of HANO’s fiscal year ending
September 30, 2010. SEMAP certifications
will not have to be submitted by HANO until
its fiscal year ending September 30, 2012.
Contact: Laure Rawson, Acting Director,
Housing Voucher Management and
Operations Division, Office of Public
Housing and Voucher Programs, Office of
Public and Indian Housing, Department of
Housing and Urban Development, 451 7th
Street, SW., Room 4210, Washington, DC
20410–5000, telephone (202) 708–0477.
[FR Doc. 2010–24608 Filed 9–30–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
[FWS–R9–FHC–2010–N212; 94400–1130–
0000]
Discharge of Oil From Deepwater
Horizon/Macondo Well, Gulf of Mexico;
Intent To Conduct Restoration
Planning
ACTION:
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Notice of intent.
01OCN1
]]>Agencies
[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60782-60800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24608]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5420-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2010
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on April 1, 2010 and ending on June 30, 2010.
[[Page 60783]]
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 second 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 April
1, 2010 through June 30, 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 second quarter of
calendar year 2010) before the next report is published (the third
quarter of calendar year 2010), HUD will include any additional waivers
granted for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: September 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 April 1, 2010 Through June
30, 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 Town of Jean Lafitte, LA received an
Economic Development Initiative Special Purpose (EDI-SP) grant in
the amount of $248,000 for the construction of the Lafitte Multi-
Purpose Center. The Lafitte Multi-Purpose Center is an education
theater, civic center/emergency shelter, and a fisheries museum that
will provide educational opportunities, cultural opportunities and
emergency response functions. Subsequent to the December 8, 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
Town of Jean Lafitte 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: April 12, 2010.
Reason Waived: The waiver was granted based on the following
findings: the 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 Town of Jean Lafitte 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 would not result in any unmitigated,
adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 58.22(a).
Project/Activity: Hopewell Village involves the new construction
of a 71 unit apartment complex to serve independent elderly
residents in Elverson, PA. The residential portion of the
development is to consist of a single three story structure. A
portion of the
[[Page 60784]]
existing former fire station on site is to be retained to serve as a
senior community center and dining facility. Chester County
conditionally awarded HUD HOME funds to the Hopewell Village project
in February 2007. Subsequent to the application and conditional
award of HOME funds, but prior to any release of funds from HUD, the
project developer initiated choice-limiting actions including
demolition and site clearance. Chester County completed the
environmental review on January 5, 2010.
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: April 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 develop affordable housing; the
errors made in the environmental process for the commitment of non-
HUD funds were made in good faith and Chester County did not
willfully violate the applicable regulations; no HUD funds were
committed; and, based on the environmental assessment and the HUD
field inspection, granting a waiver would not result in any
unmitigated, adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 58.22(a).
Project/Activity: Miraflores Housing Development involves the
construction of 80 rental units of housing for low-income seniors
and 150 homeownership units on a former commercial nursery in
Richmond, CA. The City of Richmond intends to use $1 million in
Section 108 loan guarantee funds for the development. HUD funds were
also used for predevelopment costs with $400,000 from HOME and
$429,000 from CDBG. Violations occurred when subsequent to
application for HUD Section 108 loan guarantee, the City of Richmond
used non-HUD funds to purchase two parcels of property prior to the
completion of an 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: June 16, 2010.
Reason Waived: The waiver was granted based on the following
findings: the above project would further the HUD mission and
advance HUD Section 108 loan guarantee program, provides needed
housing for low-income seniors, and appropriately remediates and
redevelops a brownfield site; no HUD funds were committed; and,
based on the environmental assessment and the HUD field inspection,
granting a waiver would not result in any unmitigated, adverse
environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 91.105(c)(1).
Project/Activity: The city of Harrisonburg, VA, received over
two feet of snow during a storm in February, 2010 and requested a
waiver of Consolidated Plan requirements applicable to its CDBG
program, in order to use CDBG funds to assist with snow removal by
private contractors.
Nature of Requirement: Under the Consolidated Plan regulations,
a grantee may amend its plan in order to change its allocation
priorities, to carry out an activity not previously described in the
plan, or to change the purpose, scope, location, or beneficiaries of
an activity. Under normal circumstances, a grantee follows its own
amendment procedures which require public notice and comment
periods. Section 91.105(c)(1) of HUD's regulations (24 CFR
91.105(c)(1)) requires that any change in the use of CDBG funds from
one eligible activity to another be treated as a substantial
amendment. Given the urgency of the situation, the city requested to
amend its plan.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 24, 2010.
Reason Waived: Given the urgency of the snow emergency situation
it faced, the city requested approval to amend its plan to include
snow removal as a CDBG-funded activity. Section 104(a)(2)(E) of the
Housing and Community Development Act of 1974, as amended, requires
citizens to be provided notice and given the opportunity to comment
on substantial changes that are proposed to be made in a grantee's
Consolidated Plan's use of funds. However, the statute does not
define the term ``substantial change.'' HUD's regulation at 24 CFR
91.105(c)(1) requires that any change in the use of CDBG funds from
one eligible activity to another be treated as a substantial
amendment. HUD has discretion in this case to waive this provision,
given that this latter requirement is regulatory and not statutory.
The amount of CDBG funds involved can be characterized as a de
minimus level of money to be re-programmed. Thus, HUD accepted that
the use of funds for snow removal in this emergency situation does
not constitute a substantial amendment. HUD therefore waived the
provisions of 24 CFR 91.105(c)(1) to the extent necessary to allow
the city to determine that this reprogramming of funds does not
constitute a substantial amendment.
Contact: Julia Neidecker Gonzales, Office of Block Grant
Assistance, Office of Community Planning and Development,
Entitlement Communities Division, 451 7th Street, SW., Room 7282,
Washington, DC 20410-7000, telephone (202) 708-1577.
Regulation: 24 CFR 91.500(d).
Project/Activity: Waiver of the 30-day period to review an
amended Consolidated Plan.
Nature of Requirement: HUD's regulations at 24 CFR 91.500(d)
provide that a jurisdiction may revise or resubmit a Consolidated
Plan within 45 days after the first notification approval. This
section further requires that HUD must respond to approve or
disapprove the plan with 30 days of receiving the revisions or
resubmission.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 30, 2010.
Reason Waived: On January 15, 2010, HUD notified the city of
Joliet that the city's 2010 Consolidated Plan was disapproved
because the plan did not contain all certifications, satisfactorily
completed, required as part of a complete Consolidated Plan
submission under 24 CFR part 91. In accordance with HUD's
regulations in 24 CFR 91.500(d), the city had until March 1, 2010,
to revise and resubmit its Consolidated Plan submission. The city
timely completed its revised submission on March 1, 2010, but HUD
determined that it needed time beyond the 30-day review period to
ensure that the certifications presented the assurances in a
satisfactory manner that are required by HUD's regulations.
Contact: Julia Neidecker Gonzales, Office of Block Grant
Assistance, Office of Community Planning and Development,
Entitlement Communities Division, 451 7th Street, SW., Room 7282,
Washington, DC 20410-7000, telephone (202) 708-1577.
Regulation: 24 CFR 92.212(b).
Project Activity: Yakima County, WA HOME Consortium requested
permission to permit it to incur administrative and planning costs
prior to the submission of its Consolidated Plan.
Nature of Requirement: The HOME regulations at 24 CFR 92.104
requires all jurisdictions seeking designation as a participating
jurisdiction (PJ) under the HOME program to submit a Consolidated
Plan to HUD. Once the jurisdiction has complied with this and other
requirements, HUD designates the jurisdiction as a HOME
Participating Jurisdiction. Pursuant to Sec. 92.212(b), PJs may not
incur eligible administrative and planning pre-award costs until the
beginning of the PJ's program year, or the date the Consolidated
Plan is received by HUD, whichever is later. This provision
precludes a jurisdiction that has not yet been designated as a HOME
PJ from incurring pre-award costs for Consolidated Plan preparation
and reimbursing itself when it receives its HOME allocation.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary,
Community Planning and Development.
Date Granted: June 7, 2010.
Reason Waived: The Consortium requested a waiver of the pre-
award cost provision to permit it to incur administrative and
planning costs prior to the submission of its Consolidated Plan. The
Consortium comprises a very rural, low-income area without
substantial governmental resources. The Consortium members have
limited
[[Page 60785]]
funding to develop the required Consolidated Plan and would suffer a
financial hardship without a waiver. A waiver of 24 CFR 92.212(b)
would permit the Consortium to charge eligible administrative and
planning costs related to the development of the Consolidated Plan
to its first HOME allocation.
Contact: Virginia Sardone, Office of Affordable Housing
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7158,
Washington, DC 20410-7000, telephone 202-708-2470.
Regulation: 24 CFR 92.252(e).
Project/Activity: Washington County, Oregon requested a waiver
to reduce, by six months, the period of affordability of a fire
damaged four bedroom facility that provided transitional housing for
persons with mental illness in order to build 14 one-bedroom units
of permanent supportive housing with a Section 811 Capital Advance.
Nature of Requirement: The HOME regulations at 24 CFR 92.252(e)
requires that ``HOME-assisted units meet the affordability for not
less than the applicable period * * * beginning after project
completion.''
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: June 16, 2010.
Reason Waived: HUD approved the waiver request because
continuing the use of the project would create an unnecessary
hardship on the non-profit and the tenants. The interests of the
low-income community would be better served by facilitating
construction of the new Section 811 project.
Contact: Virginia Sardone, Deputy Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street, SW.,
Room 7164, Washington, DC 20410-7000, telephone (202) 708-2470.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) 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
(HPRP) grantee, the State of Washington, requested a waiver of the
requirement stating grantees may not directly carry out data
collection and evaluation activities under HPRP.
Nature of Requirement: Subsection III.A. of the HPRP Notice
provides that a State grantee must make available all of its formula
allocation, except for an appropriate share of funds for
administrative costs, to units of general local government and
private nonprofit organizations in the State to carry out all
eligible activities.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 24, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The HMIS is already in place; (2)
the HMIS is administered by the State of Washington; and (3) the
alternative proposal of utilizing a fee structure to administer HMIS
and meet the requirements in the Recovery Act would impose
additional administrative burdens for the State.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th 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 (HPRP) 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, Adams County, Colorado requested a waiver of
the limitation on eligible subgrantees in order to subgrant HPRP
funds to the Adams County Housing Authority (ACHA).
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 M. M[aacute]rquez. Assistant Secretary for
Community Planning and Development.
Date Granted: June 22, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) HPRP participants would be
selected in a manner that ensure ACHA residents are not unfairly
selected over other eligible individuals and families; (2) utilizing
the ACHA as a subgrantee would result in an efficient and effective
program that benefits HPRP participants; and (3) the ACHA 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 7th 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 (HPRP) 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 State of Minnesota Department of Human
Services (MDHS), requested a waiver of the prohibition against
placing HPRP participants in subsidized housing owned by the
subgrantee, Anoka County Community Action Program (ACCAP).
Nature of Requirement: Subsections IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 12, 2010.
Reason Waived: The subgrantee provided sufficient information
for HUD to conclude the following: (1) The use of the housing owned
by AACAP was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) AACAP had disclosed the
conflict of interest; (3) ACCAP's attorney reviewed the conflict of
interest and determined that the use of housing owned by the
subgrantee would not violate State or local law; (4) HPRP
participants would not be required or steered to live in AACAP's
housing in order to receive financial or other assistance under
HPRP; and (5) the use of the housing owned by AACAP would not result
in any personal or financial gain for any employee of the grantee,
subgrantee, or the parent, subsidiary, or affiliated organization of
the subgrantee.
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 (202) 708-4300.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) 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, Maine State Housing Authority (MSHA),
requested a waiver of the prohibition against placing HPRP
participants in subsidized housing owned by the subgrantee, York
County Shelter Programs, Inc. (YCSPI).
Nature of Requirement: Subsection IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 7, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The use of the housing owned by
YCSPI was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) YCSPI had disclosed the
conflict of interest; (3) MSHA's attorney reviewed the conflict of
interest and determined that the use of the housing owned by the
subgrantee would not violate State or local law; (4) HPRP
participants would not be required or steered to live in YCSPI's
housing in order to receive financial or other assistance under
HPRP; and (5) the use of the housing owned by YCSPI would not result
in any personal or financial gain for any employee of the grantee,
subgrantee, or the parent, subsidiary, or affiliated organization of
the subgrantee.
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
[[Page 60786]]
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 (HPRP) 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 Spartanburg County Community & Economic
Development Department, Spartanburg County, South Carolina,
requested a waiver of the prohibition against placing HPRP
participants in subsidized housing owned by the subgrantee, Upstate
Homeless Coalition of South Carolina (UHCSC).
Nature of Requirement: Subsection IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 12, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The use of the housing owned by
UHCSC was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) UHCSC had disclosed the
conflict of interest; (3) UHCSC's attorney reviewed the conflict of
interest and determined that the use of the housing owned by UHCSC
would not violate State or local law; (4) HPRP participants would
not be required or steered to live in UHCSC's housing in order to
receive financial or other assistance under HPRP; and (5) the use of
the housing owned by UHCSC would not result in any personal or
financial gain for any employee of the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
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 (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 202.3(a)(3).
Project/Activity: All FHA Approved Title II Mortgagees
Nature of Requirement: This regulation subsection contains the
requirements for principal--authorized agent relationship
originations of FHA single family loans. It was revised by a May 20,
2010, final rule to require: (1) Both mortgagees to have
unconditional direct endorsement approval, (2) the principal
mortgagee originate the loan, and (3) the authorized agent mortgagee
underwrites the loan.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 11, 2010 by issuance of Mortgagee Letter
2010-20.
Reason Waived: The effective date of the May 20, 2010, was
delayed to allow mortgagees sufficient time to meet the new
requirement that they must have unconditional direct endorsement
approval and for FHA to make changes to the single family loan
origination system to comply with the revised regulations.
Contact: Richard G. Toma, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room P3214,
Washington, DC 20410-8000, telephone (202) 708-1515.
Regulation: 24 CFR 202.8(b)(3).
Project/Activity: FHA Approved Title I and Title II
Nonsupervised Loan Correspondents with fiscal years ending on or
after December 31, 2009.
Nature of Requirement: A HUD May 20, 2010, final rule removed
the annual renewal requirement for nonsupervised loan correspondent
previously in 24 CFR 202.8(b)(3) and replaced them with a provision
in the revised 24 CFR 208.8(c) which allows loan correspondents that
are currently FHA-approved as of the May 20, 2010, effective date of
the final rule to maintain their FHA approval through December 31,
2010. Any loan correspondent that had not met the old annual renewal
requirements by May 20, 2010, were still subject to the prior annual
renewal requirement of paying the annual renewal fee, submitting
audited financial statements and completing the annual certification
report. A waiver of the requirement to submit audited financial
statements was made for all nonsupervised loan correspondents whose
fiscal year ended on or after December 31, 2009, who were otherwise
in good standing with the Department.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing
Commissioner.
Date Granted: June 11, 2010 by issuance of Mortgagee Letter
2010-20.
Reason Waived: The Department determined that requiring
submission of audited financial statements, and the costs associated
with such a requirement, would place an unreasonable burden on loan
correspondents, especially in light of the fact that their approval
would only continue for less than one year.
Contact: Richard G. Toma, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., P3214,
Washington, DC 20410-8000, telephone (202) 708-1515.
Regulation: 24 CFR 219.220(b).
Project/Activity: M. L. King, Jr. Apartments, Seattle,
Washington--FHA Project Number 127-35004. The owner is requesting to
defer repayment of the Flexible Subsidy Operating Assistance Loan on
this project to give the owner a longer term to pay off the loan.
Nature of Requirement: Section 219.220(b) governs the repayment
of operating assistance provided under the Flexible Subsidy Program
for Troubled Projects prior to May 1, 1996 states: ``Assistance that
has been paid to a project owner under this subpart must be repaid
at the earlier of the expiration of the term of the mortgage,
termination of these actions would typically terminate FHA
involvement with the property, and the Flexible Subsidy loan would
be repaid, in whole, at that time.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 5, 2010.
Reason Waived: The owner requested waiver of the requirement to
defer repayment of the Flexible Subsidy Operating Assistance Loan
because the project did not have sufficient funds to repay the loan
at maturity of the mortgage. Permission was granted because the
owner is in compliance with all business agreements with HUD and has
met required HUD standards. The loan was reamortized and interest
has been deferred over a 25-year period. The owner has recorded a
Use Agreement for the 25-year period allowing the project to remain
as vital affordable housing for the area.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Friendship Terrace, FHA No. 000-SH0001/Pre
1974. 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
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
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: Ronald Y. Spraker, Associate General Deputy
Assistant Secretary for Housing.
Date Granted: May 20, 2010.
Reason Waived: This regulation was waived in order to exempt
Episcopal Church Home, Friendship, 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 preservation of the project
as an affordable housing resource.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Faush-Metropolitan Manor (Jefferson County),
FHA No. 062-
[[Page 60787]]
EH022. The owner requested permission to continue deferral of
repayment of the Flexible Subsidy loan on this project, following a
one-year deferral granted on March 27, 2009. The deferral would
enable improved security upgrades for the elderly residents of the
project.
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
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: May 28, 2010.
Reason Waived: This regulation was waived in order to extend the
exemption of Faush Metropolitan Manor, Incorporated, from the
requirement to repay the Flexible Subsidy Operating Assistance Loan
upon prepayment/refinancing of the loan; thereby allowing improved
security upgrades for the elderly residents of the project.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 290.30(a).
Project/Activity: The Winery Apartments, Fresno, California--FHA
Project Number 121-35490A. The owner has requested a waiver to allow
the Department of HUD to sell the current unsubsidized mortgage loan
on a non-competitive basis.
Nature of Requirement: HUD's regulations governing the sale of
HUD-Held mortgages are set forth in 24 CFR part 290, subpart B.
Section 290.30(a) of those regulations state that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-Held
multifamily mortgages on a competitive basis.'' Section 290.31(a)(2)
permits ``negotiated'' sales to State or local governments for
mortgage loans that are current and secured by subsidized projects,
provided such loans are sold with FHA insurance.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 30, 2010.
Reason Waived: This regulation was waived in order to allow the
sale of The Winery Apartments to the California Housing Finance
Agency. Sale to a profit-motivated purchaser could have placed
demands on the property in order to obtain a return on its
investment and given the thin operating margins at the project,
demands could lead to a foreclosure of the Note and loss of this
much-needed low-income housing.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 236.725.
Project/Activity: New Vista I Apartments, Chicago, Illinois--FHA
Project Number 071-031NI. A Decoupling proposal was made by the
owner to pay off the Section 236 non-insured mortgage, continue
Interest Reduction Payments and complete redevelopment of the
property.
Nature of Requirement: Section 236.725 of HUD's regulations
limits the term of the rental assistance contract to the term of the
mortgage or 40 years from the date of the first payment made under
the contract, whichever is the lesser.
Granted By: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: April 29, 2010.
Reason Waived: This regulation waiver was approved to allow for
continuance of the Rental Assistance Payments contract and to
refinance its Section 236 non-insured mortgage. The waiver is
predicated on the project entering into a new recorded Use Agreement
restricting the project to be operated under the Section 236
mortgage plus an additional statutorily mandated five years. The
preservation of this affordable housing project will thereby
continue until 2021.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 236.725.
Project/Activity: Shalom Towers Apartments, Newark, New Jersey--
FHA Project Number 031-072NI. The owner has requested waiver of this
regulation to permit continuation of Rent Assistance Payments after
prepayment of the non-insured Section 236 mortgage.
Nature of Requirement: Section 236.725 of HUD's regulations
limits the term of the rental assistance contract to the term of the
mortgage or 40 years from the date of the first payment made under
the contract, whichever is the lesser.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 29, 2010.
Reason Waived: Granting waiver of this regulation will provide
stability of the project-based rental assistance and enhance the
long-term financial feasibility through the proposed rehabilitation
and refinancing of the property. The waiver will also allow the
current tenants to remain and the property to be preserved as a low-
income housing resource through 2021.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 883.308(d).
Project/Activity: Treemont Apartments, Buena Vista, Virginia--
Section 8 Contract number VA36HO27229. The owner has requested
waiver of the regulation requiring that Section 8 Contract Rents be
reduced if debt service on the permanent project financing is
reduced below the debt service on which the rents were based. The
owner proposes to acquire and renovate the project.
Nature of Requirement: Section 883.308 of HUD's regulations
governs the reduction of contract rents for in projects financed
under the Section 8 Housing Assistance Payments Program for State
Housing Agencies. The regulation states: ``If the actual debt
service to the owner under the permanent financing is lower than the
anticipated debt service on which the Contract Rents were based, the
initial Contract Rents, or the Contract Rents currently in effect,
must be reduced commensurately, and the amount of the savings
credited to the project account.''
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 16, 2010.
Reason Waived: This waiver was granted in order to allow the
owner, who is a developer of affordable housing, to acquire and
renovate the project with benefit of new loans at reduced interest
rates and Low Income Housing Tax Credits. They plan to request a new
Housing Assistance Payments Contract and comply with a Use Agreement
requirement, maintaining the property for 50 years as much needed
affordable housing.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 891.100(d).
Project/Activity: Robertson Hill Apartments, Raleigh, NC,
Project Number: 053-HD245/NC19-Q081-005.
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: April 14, 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: North Highlands VOA Living Center, North
Highlands, CA, Project Number: 136-HD019/CA30-Q061-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 13, 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.
[[Page 60788]]
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: Mosaic Housing XX, Garden City, Garden City,
KS, Project Number: 102-HD040/KS16-Q081-001.
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: May 21, 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: St. John's Commons, Havre de Grace, MD,
Project Number: 052-EE058/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: May 21, 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, Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mapleway Achievement Center, Monmouth, IL,
Project Number: 072-HD156/IL06-Q081-004.
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: May 27, 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, 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: St. Augustine Manor, New Iberia, LA, Project
Number: 064-EE229/LA48-S081-007.
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: June 9, 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: Chadwick Place II, Marion, OH, Project Number:
043-EE123/OH16-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: June 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: New Meadow Elderly Housing, Newington, CT,
Project Number: 017-EE102/CT26-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: June 16, 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: Sueno Real Apartments, Arroyo, PR, Project
Number: 056-HD031/RQ46-Q061-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 25, 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: Grace Place Retirement Community, Memphis, TN,
Project Number: 081-EE045/TN40-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: June 25, 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: Fillmore Haciendas, Phoenix, AZ, Project
Number: 123-EE105/AZ20-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: May 13, 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 and additional time was needed to achieve an initial
closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban
[[Page 60789]]
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: RJ Piltz Vista Bonita Apartments, Mesa, AZ,
Project Number: 123-HD041/AZ20-Q061-003.
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: May 21, 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 and additional time was needed for issuance of the firm
commitment 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 891.100(d) and 24 CFR 891.165.
Project/Activity: Independence Place, Conroe, TX, Project
Number: 114-HD039/TX24-Q071-003.
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: June 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 and additional time was needed for additional funds to be
approved, issuance of the firm commitment 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: The Warren Project, Warren, NJ, Project
Number: 031-HD154/NJ39-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: April 14, 2010.
Reason Waived: Additional time was needed for the initial
closing documents to be updated and corrected 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: Oakridge Park Apartments, Lake Oswego, OR,
Project Number: 126-EE059/OR16-S061-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 14, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to reapply for tax credit funding for the mixed finance project 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: 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: April 16, 2010.
Reason Waived: Additional time was needed for the firm
commitment to be processed 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: Villa Serena, Chico, CA, Project Number: 136-
HD021/CA30-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: April 26, 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: Odd Fellows Senior Housing, Bronx, NY, Project
Number: 012-EE351/NY36-S061-007.
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: April 26, 2010.
Reason Waived: Additional time was needed for the initial
closing documents to be reviewed by HUD 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: 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: May 13, 2010.
Reason Waived: Additional time was needed to resolve an
environmental issue involving noise, for the firm commitment to be
issued 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: Harrison Street Senior Housing, Oakland, CA,
Project Number: 121-EE204/CA39-S071-008.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18
[[Page 60790]]
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: May 21, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to obtain low income housing tax credit and tax exempt bond,
commitment and submit missing exhibits for the firm commitment 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: Five Talents Apartments, Lexington, MS,
Project Number: 065-HD044/MS26-Q081-001.
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: May 21, 2010.
Reason Waived: Additional time was needed to issue and submit
the firm commitment application.
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: San Marino Apartments, Montclair, CA, Project
Number: 143-EE062/CA43-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: May 27, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to submit the cost certification documents for this mixed finance
project to reach an 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: Orchard Housing, Orchard Park, NY, Project
Number: 014-EE266/NY06-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: May 28, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to resolve a re-zoning issue with the town 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
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