Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2010, 81292-81306 [2010-32444]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81292-81306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32444]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5420-N-03]


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

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2010, and ending on September 30, 2010.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the 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 July 
1, 2010, through September 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

[[Page 81293]]

time sequence beginning with the earliest-dated regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the third quarter of calendar 
year 2010) before the next report is published (the fourth 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: December 17, 2010.
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2010 Through 
September 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 city of Pocatello, Idaho (City) purchased a 
foreclosed property located at 147 and 147 A/B Roosevelt Avenue using 
non-HUD funds before the City entered into a Memorandum of Agreement 
with the State Historic Preservation Office and Advisory Council on 
Historic Preservation, and before the City completed the environmental 
review. This was done in order to not lose the property, since the 
State Historic Preservation Office determined that the rear structure 
was eligible for listing in the National Register for Historic Places 
and mitigation would be required.
    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: September 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 to eliminate blight and develop affordable housing; 
the errors made in the environmental process for the commitment of non-
HUD funds were made in good faith; 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 91.10(b).
    Project/Activity: The city of Bradenton, FL (City) requested a 
waiver of 24 CFR 91.10(b) because it sought to change its program year 
start date from May 1 to October 1 for the 2010 program year, 
effectively lengthening its 2009 program year.
    Nature of Requirement: HUD's regulation at 24 CFR 91.10(b) requires 
that grantees notify HUD in writing at least two months before the date 
the program year would have ended if the program year had not been 
lengthened or two months before the end of a proposed shortened program 
year.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 9, 2010.
    Reason Waived: Since the City wanted to lengthen its 2009 program 
year, the City was required to notify HUD in writing of its intent to 
do so no later than February 28, 2010. The City notified HUD on March 
22, 2010, of its intent to lengthen its 2009 program year, and did not 
request a regulatory waiver of the missed deadline until July 15, 2010. 
HUD granted the waiver because the City advised that it sought to 
lengthen its 2009 program year so that it could synchronize future CDBG 
program year start dates, beginning with program year 2010, to coincide 
with the City's budget year.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7282, Washington, DC 20410-7000, telephone (202) 402-
2184.
     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: The city of New Orleans, LA (City) received 
approximately $1,042,000 in Community Development Block Grant (CDBG) 
funds pursuant to Section 106(c)(4) of the Housing and Community 
Development Act of 1974 (HCDA) that were scheduled to expire at the end 
of Fiscal Year 2010. This statutory provision permits grantees affected 
by a major disaster declared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to receive funds 
that become available as a result of actions under sections 104(e) or 
111 of the HCDA. The receipt of funds constituted a substantial 
amendment to the City's consolidated plan, which required that citizens 
be provided no less than 30 days to review and comment on this 
substantial amendment to the consolidated plan prior to implementation 
of activities assisted with such funds.
    Nature of Requirement: HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens must be provided with reasonable notice and an 
opportunity to comment on substantial amendments to the consolidated 
plan of the jurisdiction in which the citizens reside. The citizen 
participation plan requires that citizens be given no less than 30 days 
to comment on substantial amendments before they are implemented. The 
city received approximately $1,042,000 in CDBG funds, which constituted 
a substantial amendment to its consolidated plan.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 22, 2010.
    Reason Waived: The City was allowed to shorten its comment period 
from 30 days to three days so that the City could carry out eligible 
activities utilizing $1,042,000 in CDBG funds before such funds expired 
at the end of Fiscal Year 2010.
    Contact: Mark Walling, Entitlement Communities Division, Office of 
Block Grant Assistance, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
7282, Washington, DC 20410, telephone 402-5441.
     Regulations: 24 CFR 92.214(a)(6).
    Project/Activity: Prince George's County of Maryland (County) 
requested a waiver of 24 CFR 92.214(a)(6) of the HOME regulations to 
allow it to provide

[[Page 81294]]

additional HOME funds to a project that had previously been assisted 
with HOME funds.
    Nature of Requirements: HUD's regulation at 24 CFR 92.214(a)(6) 
prohibits participating jurisdictions from investing additional HOME 
funds in a project previously assisted with HOME funds, except during 
the first year after project completion.
    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 30, 2010.
    Reasons Waived: The County requested a waiver of 24 CFR 
92.214(a)(6) of the HOME regulations to permit the County to provide 
additional HOME funds to assist the rehabilitation of a 100-unit 
affordable housing project for low-income seniors. The County was 
granted the waiver because use of the additional HOME funds would 
permit Prince George's County to preserve and extend the affordability 
of a low-income senior 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) 708-4606.
     Regulations: 24 CFR 92.300(a)(1).
    Project/Activity: The State of Minnesota requested a waiver of 24 
CFR 92.300(a)(1) of the HOME regulations to permit limited liability 
company (LLC) ownership of two HOME projects by the Southwest Minnesota 
Housing Partnership (SWMHP) in Buff County, MN.
    Nature of Requirement: HUD's regulation at 24 CFR 92.300(a)(1) 
requires that HOME funds allocated for investment by a community 
housing development organization (CHDO) be provided to the CHDO, its 
subsidiary, or a partnership of which it or its subsidiary is the 
managing general partner.
    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 16, 2010.
    Reasons Waived: For the first project considered by the waiver, 
SWMHP is the sole member and has 100 percent ownership of the LLC that 
owns the project. HUD determined that no waiver was required here 
because the LLC is a subsidiary of the CHDO and 24 CFR 92.300(a)(1) 
permits the State to provide funds directly to a CHDO subsidiary. For 
the second project considered by the waiver, HUD determined that 
SWMHP's 80 percent membership interest and voting share give it 
effective management and control of the LLC as required by 24 CFR 
92.300(a)(1).
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Washington, DC 
20410-7000, telephone (202) 708-3002.
     Regulation: 24 CFR 570.308(a)(1).
    Project/Activity: The city of Hammonton, NJ (City) elected to 
accept its status as an entitlement community for FY 2011 after 
relinquishing such status for FY 2010. The City desires to enter into a 
joint agreement with Atlantic County, NJ, to plan and implement a joint 
housing and community development program.
    Nature of Requirement: A city that has been classified as a 
metropolitan city may accept its status, but elect not to receive a 
CDBG grant. A city or town such as Hammonton that accepts its status 
may enter into a joint agreement with an urban county, but HUD's 
regulation at 24 CFR 570.308(a)(1) provides that a county may only do 
so when the county is seeking a three-year requalification as an urban 
county. Atlantic County is currently entering into its second year of 
qualification for FYs 2010-2012 and will requalify as an urban county 
in 2012 for FYs 2013-2015.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: July 16, 2010.
    Reason Waived: The City does not have the available resources to 
prepare the CDBG application and reporting documentation, such as the 
citizen participation plan, Consolidated Plan/Action Plan, fair housing 
analysis, and Consolidated Annual Performance and Evaluation Report. In 
addition, the City staff does not have the skills to conduct 
transaction in HUD's Integrated Disbursement and Information System, 
which is necessary for successful CDBG program administration. Because 
Atlantic County was willing to provide the City with administrative 
services and supported the City's request for a waiver, the waiver was 
granted.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7282, Washington, DC 20410-7000, telephone (202) 402-
2184.
     Regulation: 24 CFR 570.308(a)(1).
    Project/Activity: The city of Torrance, CA, (City) has qualified as 
a metropolitan city since 1974 but elected not to receive its CDBG 
grant until FY 2011. The City desires to enter into a joint agreement 
with Los Angeles County, CA to plan and implement a joint community 
development program.
    Nature of Requirement: A city that has been designated as a 
metropolitan city may accept its status but elect not to receive its 
CDBG grant. A city that now elects to accept its CDBG grant such as 
Torrance may enter into a joint agreement with an urban county, but 
HUD's regulation at 24 CFR 570.308(a)(1) provides that a city may only 
do so when the county is seeking a three-year requalification as an 
urban county. Los Angeles County is currently entering into its third 
year of qualification for FYs 2010-2011 and will requalify as an urban 
county in 2011 for FYs 2012-2014.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: August 16, 2010.
    Reason Waived: Torrance has never carried out any activities under 
the CDBG program and does not have the available resources to prepare 
the CDBG application and reporting documentation, such as the citizen 
participation plan, Consolidated Plan/Action Plan, fair housing 
analysis, and Consolidated Annual Performance and Evaluation Report. In 
addition, Torrance staff does not have the skills to conduct 
transactions in HUD's Integrated Disbursement and Information System, 
which is necessary for successful CDBG program administration. Because 
Los Angeles County was willing to provide Torrance with administrative 
services and supported the City's request for a waiver, the waiver was 
granted.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7282, Washington, DC 20410-7000, telephone (202) 402-
2184.
     Regulation: 24 CFR 574.330(a)(1) and (b)(1).
    Project/Activity: The Downtown Emergency Service Center (DESC) 
located in the city of Seattle, WA (City) is funded by a HOPWA 
competitive grant recipient that provides permanent and supportive 
services to persons living with HIV/AIDS. Following a HUD field office 
compliance monitoring visit in April 2010, it was determined that DESC 
provided short-term supported housing to 60 families, beyond the limit 
of 50 families as prescribed in the HOPWA regulation. In addition, the 
center was also supporting these families for longer than the allotted 
six-month period.

[[Page 81295]]

    Nature of Requirement: The HOPWA regulation at 24 CFR 574.330(a)(1) 
and (b)(1) prohibits short-term supported housing facilities from 
providing residence to any individual for more than 60 days during any 
six month period. Rent, mortgage, and utilities payments to prevent the 
homelessness of the tenant or mortgagor of a dwelling may not be 
provided to such an individual for these costs accruing over a period 
of more than 21 weeks in any 52 week period. The regulation also 
prohibits any short-term supported facility from providing shelter or 
housing at any single time to more than 50 families or individuals.
    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 9, 2010.
    Reason Waived: The waiver was granted because this HOPWA assisted 
housing project fills a need for temporary housing and neither of the 
two alternative local facilities, which were not HUD-funded facilities, 
was acceptable. One facility only accepted residents on an ``ad hoc, 
late-night attendance basis,'' while the other required religious 
participation on behalf of the program beneficiaries. In addition, it 
was recognized that the regulatory 50-individual/50-bed limitation 
coupled with the lack of available alternative facilities capable of 
addressing client service needs, presented significant challenges to 
the City in addressing homelessness.
    Contact: Mark Johnston, Deputy Assistance Secretary for Special 
Needs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 7276, 
Washington, DC 20410-7000, telephone (202) 708-1590.
     Regulation: Section IV.A.1 of the Notice of Allocations, 
Application Procedures, and Requirements for Homelessness Prevention 
and Rapid Re-Housing Program Grantees under the American Recovery and 
Reinvestment Act of 2009 (HPRP Notice).
    Project/Activity: Homelessness Prevention and Rapid Re-Housing 
Program (HPRP) grantee, Metropolitan Government of Nashville and 
Davidson County (MGNDC), Nashville, Tennessee, requested a waiver of 
Section IV.A.1 of the HPRP Notice in order to place HPRP participants 
in housing owned by the subgrantee, Renewal House.
    Nature of Requirement: Section IV.A.1. 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[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 9, 2010.
    Reason Waived: The grantee sufficiently demonstrated that: (1) The 
use of the housing owned by Renewal House was necessary to provide an 
adequate supply of appropriate housing options for HPRP participants; 
(2) Renewal House disclosed the conflict of interest; (3) MGNDC'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 
Renewal House's housing in order to receive financial or other 
assistance under HPRP; (5) the use of the housing owned by Renewal 
House 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; and (6) the housing for 
which the grantee requested a waiver is not subsidized under another 
federal, state, or local housing program.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.
     Regulation: Section IV.A.1 of the HPRP Notice.
    Project/Activity: HPRP grantee, the Commonwealth of Kentucky 
requested a waiver of Section IV.A.1 of the HPRP Notice to place HPRP 
participants in housing owned by the following subgrantees: Kentucky 
River Community Care, Inc., Kentucky Communities Economic Opportunities 
Council on Community Action Partnership, and People's Self-Help 
Housing, Inc.
    Nature of Requirement: Section IV.A.1. 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[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 11, 2010.
    Reason Waived: The grantee sufficiently demonstrated that: (1) The 
use of the housing owned by the subgrantees was necessary to provide an 
adequate supply of appropriate housing options for HPRP participants; 
(2) the subgrantees disclosed the conflict of interest; (3) the 
subgrantee attorney's reviewed the conflict of interest and determined 
that the use of the housing owned by the subgrantees would not violate 
state or local law; (4) HPRP participants would not be required or 
steered to live in housing of the subgrantees in order to receive 
financial or other assistance under HPRP; and (5) the use of the 
housing owned by the subgrantees would not result in any personal or 
financial gain for any employee of the grantee, subgrantees, or the 
parent, subsidiary, or affiliated organization of the subgrantees.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone number (202) 708-4300.

 II. Regulatory Waivers Granted by the Office of Housing

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 200.72.
    Project/Activity: Long Island College Hospital (LICH)--Brooklyn, 
NY.
    Nature of Requirement: HUD's regulation at 24 CFR 200.72 provides 
that to be eligible for FHA programs, a project must be compliant with 
local zoning and building codes before a closing occurs.
    Granted By: David H. Stevens, Assistant Secretary for Housing, 
Federal Housing Commissioner.
    Date Granted: September 23, 2010.
    Reason Waived: HUD's regulation at 24 CFR 200.72 requires LICH to 
obtain a ``Permanent Certificate of Occupancy'' from the New York 
Building Department before proceeding to ``Final Endorsement.'' In New 
York City, it is not unusual for hospitals to wait many years for a 
final occupancy certificate. This waiver would be only for HUD insured 
mortgage loan requirements so LICH may proceed to final closing. The 
Hospital must still comply with local ordinances and laws.
    Contact: Roger Lukoff, Associate Deputy Assistant Secretary for 
Office of Healthcare Programs, Office of Housing, Department of Housing 
and Urban Development, 451 7th St., SW., Room 9224, Washington, DC 
20410-8000, telephone (202) 402-4762.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Catalpa Apartments, Springfield, MO, Project 
Number: 084-HD064/MO16-Q081-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the

[[Page 81296]]

amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 1, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Tomlinson Apartments, Vista, CA, Project Number: 
129-HD030/CA33-Q041-001.
    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: July 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., Washington, DC 20410-8000, 
telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Kappa House II Apartments, Cleveland, OH, Project 
Number: 042-EE206/OH12-S061-004.
    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: July 19, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Kateri Tekakwitha Senior Housing, Auburn, MA, 
Project Number: 023-EE219/MA06-S071-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 19, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Ogden Gardens, Philadelphia, PA, Project Number: 
034 HD103/PA26-Q081-006.
    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: July 29, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: ACL Clarksburg, Clarksburg, MA, Project Number: 
023-HD231/MA06-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: August 10, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Cane Manor, New Iberia, LA, Project Number: 064-
HD124/LA48-Q081-006.
    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: August 12, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: AHEPA 63, Tallmadge, OH, Project Number: 042-
EE218/OH12-S071-004.
    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: August 17, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hempfield Apartments South, Greenville, PA, 
Project Number: 033-EE137/PA28-S081-004.
    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: August 18, 2010.
    Reason Waived: The project is economically designed and comparable

[[Page 81297]]

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 6134, 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: September 8, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: CPNJ West Orange Residence II, West Orange, NJ,
    Project Number: 031-HD158/NJ39-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: September 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Five Talents Apartments, Lexington, MS, Project 
Number: 065-HD044/MS26-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: September 17, 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 6134, Washington, DC 20410-8000, telephone 
(202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lutheran Commons At Pleasant Gap, Pleasant Gap, 
PA, Project Number: 034-EE157/PA26-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: September 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Catharine's Senior Apartments, Mt. Penn, PA, 
Project Number: 034-EE160/PA26-S081-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 22, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Melinda's Melody, Christiansburg, VA, Project 
Number: 051-EE133/VA36-S081-008.
    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: September 22, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Spruce Place, Beaverton, OR, Project Number: 126-
HD046/OR16-Q081-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 28, 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: CAAP-Place of Hope, Memphis, TN, Project Number: 
081-HD026/TN40-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: September 30, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant

[[Page 81298]]

Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6134, Washington, DC 20410-8000, 
telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Keystone Place, St. Joseph, MO, Project Number: 
084-HD063/MO16-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: September 30, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Whispering Hope, Lake Charles, LA, Project 
Number: 064-EE231/LA48-S081-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 30, 2010.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Western North Carolina Community Apartments 
1, Charlotte, NC, Project Number: 053-HD240/NC19-Q071-004.
    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: July 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 
and the project was delayed while a new site was obtained and new 
construction requirements imposed by the City of Charlotte/Mechlenburg 
County were addressed.
    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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: St. Theresa's Elderly Housing (aka: Rose Hill 
Manor), Billerica, MA, Project Number: 023-EE216/MA06-S071-006.
    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: August 10, 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 the project to be restructured since 
it was no longer feasible to use low income housing tax credits.
    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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Hale Oli Group Home, Ewa Beach, HI, Project 
Number: 140-HD032/HI10-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 8, 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 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Sierra Manor II, Reno, NV, Project Number: 125-
EE129/NV25-S061-003.
    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: July 16, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
submit additional documentation on the general contractor, for the firm 
commitment application 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: AHEPA Apartments 63, Tallmadge, OH, 
Project Number: 042-EE218/OH12-S071-004.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: August 6, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
resolve

[[Page 81299]]

opposition issues from neighbors abutting the site, negotiate water 
drain easement, resubmit the firm commitment application and for the 
project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: AHEPA Apartments 63, Tallmadge, OH, 
Project Number: 042-EE218/OH12-S071-004.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 6, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
prepare and submit the initial closing package 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Cedar Street Apartments, Redwood City, CA, 
Project Number: 121-HD090/CA39-Q071-002.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 15, 2010.
    Reason Waived: Additional time was needed 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 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Willow Glen Apartments (aka Newton Falls), Newton 
Falls, OH, Project Number: 042-EE223/OH12-S071-009.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: September 17, 2010.
    Reason Waived: Additional time was needed for HUD to review the 
firm commitment application and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Park Side 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: September 22, 2010.
    Reason Waived: Additional time was needed for the sponsor/owner to 
revise the closing documents and for the project to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.130(b), 891.830(b) and 
891.830(c)(4).
    Project/Activity: Oakwood Shores Senior Apartments, Chicago, IL, 
Project Number: 121-EE205/CA39-S081-001.
    Nature of Requirement: Section 891.130(b) an identity of interest 
between the Sponsor or Owner (or Borrower, as applicable) and any 
development team member or between development team members is 
prohibited until two years after final closing. 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.
    Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: July 19, 2010.
    Reason Waived: The waiver was granted to allow the investor to have 
more than one role in the mixed finance transaction and additional time 
was needed for the sponsor/owner to obtain a new investor, to permit 
capital advance funds be expended before the tax credit equity. 
Additionally, granting of the waiver would allow the capital advance to 
be expended before the tax credit equity and to permit capital advance 
funds to pay off that portion of the tax exempt bonds 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 6134, Washington, DC 20410-
8000, telephone (202) 708-3000.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority (HA) of the City of New Haven 
(CT004), New Haven, CT.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted to the Real Estate Assessment 
Center (REAC) no later than nine months after the housing authority's 
(HA) fiscal year end (FYE), in accordance with the Single Audit Act and 
OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 6, 2010.
    Reason Waived: The HA submitted that it had encountered several 
internal control problems that contributed to the delay in submitting 
the FYE 2008 audit, thereby delaying submission of the FYE 2009 audited 
financial information. Primarily, conversion to a new accounting system 
resulted in an insufficient audit trail. As a result, both the HA and 
the auditors could not be assured the HA account balances were being 
properly recorded. The waiver was partially approved. Specifically, the 
HA requested a six month waiver of the

[[Page 81300]]

audited financial submission reporting requirements, however, HUD 
granted three month waiver. In granting the waiver, HUD required the HA 
to submit its FYE September 30, 2009, audited financial information no 
later than September 30, 2010. The waiver provided the HA with 
additional time to input and complete the June 30, 2009, audited 
financial information.
    Contact: Johnson Abraham, Acting Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 50 12th Street, SW., Suite 100, 
Washington, DC 20410-5000, telephone (202) 475-8583.
     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Housing Authority (HA) of Fulton County, (GA264), 
Atlanta, GA.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted to the Real Estate Assessment 
Center (REAC) no later than nine months after the housing authority's 
(HA) fiscal year end (FYE), in accordance with the Single Audit Act and 
OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 6, 2010.
    Reason Waived: The HA submitted that the FYE September 30, 2009, 
audit was started in April 2010; however, additional compliance testing 
and validation were required by the auditors as a result of problems 
with the agency's financial data. In addition, the HA reported that 
significant turnover of key management positions which included the 
Executive Director and the Chief financial Officer also contributed to 
the delay. The HA stated as a result of these events, the audit could 
not be completed by the due date. The waiver was approved and the HA 
was given an additional 30 days to permit the audit documentation to be 
adequately completed and to allow sufficient time for drafting the 
financial statements and inputting the September 30, 2009, audited 
financial information into the online system.
    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 5.801(d)(1).
    Project/Activity: Housing Authority (HA) of the City of Vineland, 
(NJ063), Vineland, NJ.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted to the Real Estate Assessment 
Center (REAC) no later than nine months after the housing authority's 
(HA) fiscal year end (FYE), in accordance with the Single Audit Act and 
OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 6, 2010.
    Reason Waived: The HA submitted that the auditor experienced 
unforeseen health issues that prevented the auditor from completing the 
audit due date for FYE September 30, 2009. The waiver was granted and 
the HA was given an additional 30 days to permit the audit 
documentation to be adequately completed and allow sufficient time for 
drafting financial statements and imputing the September 30, 2009, 
audited financial information into the online system.
    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 5.801(d)(1).
    Project/Activity: Rockingham Housing Authority (HA), (NC025), 
Rockingham, NC.
    Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1) 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted to the Real Estate Assessment 
Center (REAC) no later than nine months after the housing authority's 
(HA) fiscal year end (FYE), in accordance with the Single Audit Act and 
OMB Circular A-133.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 13, 2010.
    Reason Waived: The HA submitted that as a result of a federal and 
local investigation, several of the HA's tenant, financial and 
personnel files were seized. In addition, the HA reported that a new 
administration arrived at the HA in December 2009, and discovered that 
the procurement of audit services for FY 2009 audit had not been 
completed. Subsequently, a contract was executed on April 21, 2010. The 
waiver was granted and the additional time would permit the audit 
documentation to be adequately completed and allow sufficient time for 
drafting the financial statements and imputing the June 30, 2009, 
audited financial information into the online system. The waiver 
required the HA to submit its FYE June 30, 2009, audited financial 
information no later than August 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: City of Phoenix Housing Department (HA), (AZ001), 
Phoenix, AZ.
    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). In accordance with Federal Register Notice (FR-5428-N-
01), dated July 23, 2010, Public housing agencies that requested and 
was granted a waiver for their management operations certification for 
FYEs June 30, 2009, or September 30, 2009, may request another waiver 
for the FYE June 30, 2010, or September 30, 2010.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 13, 2010.
    Reason Waived: The HA was granted a waiver from HUD on May 10, 
2010. However, the HA remained in the process of continuing its 
conversion to asset management and purchased a new business system that 
would be able to track information at the Asset Management project 
level. The system is not yet fully functional and the HA advised that 
it would need to utilize data from both the old and new systems, along 
with relevant paper documents in order to ensure that the retrieved 
data would be accurate and would not contain duplicate information. 
Since this would result in a continuing administrative hardship, the 
waiver was granted.
    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 Beaver (HA), 
(PA014), Beaver, 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). In

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accordance with Federal Register Notice (FR-5428-N-01), dated July 23, 
2010, Public housing agencies that requested and was granted a waiver 
for their management operations certification for FYEs June 30, 2009, 
or September 30, 2009, may request another waiver for the FYE June 30, 
2010, or September 30, 2010.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: September 01, 2010.
    Reason Waived: The HA was granted a waiver for June 30, 2009, but 
the HA remained in the process of continuing its conversion to asset 
management. The HA stated that amassing the required information in 
support of the current MASS submission requirement would result in an 
administrative hardship. The waiver was granted for FYE June 30, 2010 
and the most recent management operations score of record were allowed 
to 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 (HA), (PA031), Altoona, 
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). In accordance with Federal Register Notice (FR-5428-N-
01), dated July 23, 2010, Public