Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2011, 37360-37371 [2011-16047]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Pages 37360-37371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16047]


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 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5529-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2011

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development

[[Page 37361]]

Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on January 1, 2011, and ending on March 31, 2011.

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 Seventh Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the first quarter of calendar year 2011.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
January 1, 2011 through March 31, 2011. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the first quarter of calendar 
year 2011) before the next report is published (the second quarter of 
calendar year 2011), HUD will include any additional waivers granted 
for the first quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: June 20, 2011.
Helen R. Kanovsky,
General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development January 1, 2011 Through 
March 31, 2011

    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 park project in Joshua, TX entails the 
acquisition and development of a 19.35 acre park. The park includes the 
construction of the following: Multi use trails, baseball fields, 
splash station, basketball court, playground, restroom and concession 
facility, a \3/4\-acre excavated fishing pond, fishing pier, and 
enhancing the native landscaping on the western side of the park.
    Plans for the park were underway prior to any indication that 
Congress would appropriate an Economic Development Special Purpose 
grant for its construction. The subject grant was funded through the 
Consolidated Appropriations Act 2010, signed into law on December 16, 
2009, which provided special project grant funding to the City of 
Joshua for land acquisition, construction, and equipment for park 
areas.
    The City of Joshua did not understand the environmental 
requirements as described in the Economic Development Initiative 
Special Project application kit and proceeded to enter into 
construction contracts for the park after the grant was appropriated, 
but before completing the environmental review

[[Page 37362]]

and receiving an approved Request for Release of Funds from HUD.
    Nature of Requirement: The regulation 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[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: March 8, 2011.
    Reason Waived: The waiver was granted because the above project 
would further the HUD mission and advance HUD program goals to develop 
viable, quality communities; the City of Joshua lacked experience 
administering HUD grants and the City stated it did not intend to 
violate HUD's environmental requirements. No HUD funds were committed. 
The waiver was conditioned upon the removal of an adjacent 500 gallon 
above ground residential propane tank. The granting of a waiver will 
not result in any unmitigated, adverse environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 7250, Washington, DC 20410-
7000, telephone (202) 402-4442.
     Regulation: 24 CFR 92.254(b)(2).
    Project/Activity: Pierce County, Washington requested a waiver of 
the principal residency requirement to enable it to assist an elderly 
woman whose home is substandard and in need of rehabilitation. Because 
her husband permanently resides in a nursing home, a waiver of the 
principal residency requirement was needed to permit the County to 
rehabilitate her home with HOME funds.
    Nature of Requirement: The HOME Program regulations at 24 CFR 
92.254(b)(2) requires that owner-occupied housing to be rehabilitated 
with HOME funds be the principal residence of its owners. Consequently, 
a HOME participating jurisdiction (PJ) cannot provide HOME-funded, 
rehabilitation assistance to a unit that does not qualify if the owners 
do not maintain the property as their principal residence.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Reason Waived: A waiver of the principal residency requirement was 
granted to assist an elderly woman whose home is substandard and in 
need of rehabilitation because her husband, who is one of the owners, 
permanently resides in a nursing home.
    Contact: Virginia Sardone, Acting Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 7164, Washington, DC 20410-7000, telephone (202) 708-2470.
     Regulation: 24 CFR 570.206(a)(4) and 92.207(a)(4).
    Project/Activity: The Los Angeles County of California, requested a 
waiver of 24 CFR 570.206(a)(4) and 92.207(a)(4), to provide for use of 
a long-term capital lease to acquire real property for program 
administrative purposes, beginning with its July 1, 2008, program year 
start date.
    Nature of Requirement: The regulations at 24 CFR 570.206(a)(4) and 
92.207(a)(4) limit expenditures for program administrative space to 
rental and maintenance costs, but do not provide for the purchase or 
acquisition of administrative office space. The intent of the 
regulation is to preclude the use of program funds for long-term 
acquisition financing because of the uncertainty of annual 
appropriations for CDBG and HOME programs.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: February 9, 2011.
    Reason Waived: The waiver request of Los Angeles County cited as 
good cause the long-term and short-term savings that result from the 
ultimate acquisition of the office building. In addition to having all 
the County's offices in the same building, access to public 
transportation for both employees and the general public, this waiver 
allowed for the acquisition of an asset without lease payments at the 
end of 30 years.
    Contact: Julia Neidecker-Gonzales, Office of Block Grant 
Assistance, Entitlement Communities Division, Office of Community 
Planning and Development, 451 Seventh Street, SW., Room 7282, 
Washington, DC 20410-7000, telephone: (202) 708-1577.
    Date Granted: March 15, 2011.
     Regulation: Section III.A. of the Notice of Allocations, 
Application Procedures, and Requirements for Homeless 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: HPRP grantee, the State of Montana, requested a 
waiver of section III.A. of the HPRP Notice in order to retain and use 
a portion of its grant funds to pay the costs of its Homeless 
Management Information System (HMIS) to collect data on the activities 
and persons assisted under its HPRP grant.
    Nature of Requirement: Section 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: February 7, 2011.
    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 Montana; and (3) the alternative 
proposal of utilizing a fee structure to administer HMIS and meet the 
requirements in the Recovery Act would impose additional administrative 
burdens for the State.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7262, 
Washington, DC 20410-7000, telephone (202) 708-4300.

II. Regulatory Waivers Granted by the Office of Housing--Federal 
Housing Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 203.37a(b)(2).
    Project/activity: Properties eligible for FHA-insured mortgages.
    Nature of Requirement: Generally, a mortgage for a property will 
not be eligible for FHA insurance if the contract of sale for the 
purchase of the property is executed within 90 days of the prior 
acquisition by the seller.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: January 28, 2011 (extends existing waiver through 
December 31, 2011)
    Reason Waived: By notice published in the Federal Register on 
February 3, 2011 (76 FR 6149), HUD announced the extension of the 
availability of the temporary waiver of its regulation that prohibits 
the use of FHA financing to purchase single family properties that are 
being resold within 90 days of the previous acquisition, until December 
31, 2011. This waiver, which was originally issued in January 2010, 
took effect for all sales contracts executed on or after

[[Page 37363]]

February 1, 2010. In extending the waiver, HUD determined that 
acquiring, rehabilitating and the reselling recently acquired 
properties to prospective homeowners often takes less than 90 days. 
During this period of abandoned and foreclosed homes, prohibiting the 
use of FHA mortgage insurance for a subsequent resale within 90 days of 
acquisition adversely impacts the willingness of sellers to allow 
contracts from potential FHA buyers because they must consider holding 
costs and the risk of vandalism associated with allowing a property to 
sit vacant over a 90-day period of time. Extending the existing waiver 
continues to permit buyers to use FHA-insured financing to purchase 
HUD-owned properties, bank-owned properties, or properties resold 
through private sales. The extension of the waiver allows homes to 
resell as quickly as possible, helping to stabilize real estate prices 
and to revitalize neighborhoods and communities.
    Contact: Karin B. Hill, Director, Office of Single Family Housing 
Program Development, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 9278, Washington, DC 20410-
8000, telephone (202) 402-7308.
     Regulation: 24 CFR 207.258b.
    Project/activity: Section 232 insurance for healthcare facilities.
    Nature of Requirement: The regulations at 24 CFR 207.258b addresses 
partial payment of claims and provides that when the Commissioner 
receives notice under 24 CFR 207.258 of a mortgagee's intention to file 
an insurance claim and to assign the mortgage to the Commissioner, the 
Commissioner may request the mortgagee, in lieu of assignment, to 
accept a partial payment of claim under the mortgage insurance 
contract. The regulations specify the conditions under which a partial 
payment of claim may be made, but the regulations exclude healthcare 
facilities insured under Section 232 of the National Housing Act from 
eligibility to accept partial payment of claim.
    Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 11, 2011
    Reason Waived: Through Mortgagee Letter 2011-15, issued March 11, 
2011, the requirements of 24 CFR 207.258b were waived to remove the 
prohibition of allowing healthcare facilities to benefit from partial 
payment of claim. The statute does not exclude healthcare facilities 
and the applicable regulations are being updated to reflect the 
statutory authorization.
    Contact: John Hartung, Supervisory Account Executive, Division of 
Residential Care Facilities, Office of Healthcare Program, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-8000, telephone (314) 539-6333.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Forest Hills Cooperative, Ann Arbor, Michigan--
FHA Project Number 044-44158/59/60/61/62. The owner requested approval 
to defer repayment of the Flexible Subsidy Operating Assistance loan on 
this project to restore financial soundness and complete needed 
rehabilitation.
    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: January 10, 2011.
    Reason Waived: This waiver was granted in order to allow the owner 
to re-amortize the Flexible Subsidy Operating Assistance Loan over a 
30-year period, execute and record a new Rental Use Agreement for the 
term of the re-amortized Residual Receipts Note. With the increase of 
the availability of funds, the property's financial soundness would be 
stabilized and much-needed rehabilitation can take place. The property 
would be preserved as an affordable housing resource.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: In-Chu-Co Apartments, Chapel Hill, North 
Carolina--FHA Project Number 053-44032. The owner requested to defer 
repayment of the Flexible Subsidy Operating Assistance Loan on this 
project until the maturity date of the proposed HUD insured loan to 
restore financial and physical soundness to the property.
    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: January 26, 2011.
    Reason Waived: The owner requested waiver of the requirement to 
defer repayment of this loan because there is insufficient cash flow 
from projected revenues from project operations to make monthly debt 
service payments for repayment of the Flexible Subsidy Operating Loans. 
The project is 37 years old, has urgent physical needs such as repairs, 
replacements and updates required by the Project's Capital Needs 
Assessment. Waiver of this regulation allowed the owner to obtain new 
financing to repay the existing loans over the term of the new mortgage 
loan and carryout needed rehabilitation. A new Rental Use Agreement 
will be recorded ahead of any new financing extending the affordability 
of the project for 40 years.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 6164, Washington, DC 20410-8000, telephone (202) 708-
3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Danube Apartments, Dorchester, Massachusetts--FHA 
Project Number 023-55165. The owner requested to defer repayment of the 
Flexible Subsidy Operating Assistance Loan to achieve the long-term 
preservation of the project.
    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: March 15, 2011.
    Reason Waived: The owner requested and was granted a waiver to 
defer repayment of the Flexible Subsidy

[[Page 37364]]

Operating Assistance Loan at the time of repayment of the mortgage. 
This waiver allowed the owner to utilize funds to complete many 
necessary repairs at the project, thereby strengthening the physical 
and financial stability of the project. The owner executed a new 40-
year Rental Use Agreement. This waiver also prevented displacement of 
tenants and serve to preserve this project as an affordable housing 
resource.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: PCA Senior Residence, Astoria, NY, Project 
Number: 012-EE346/NY36-S061-002.
    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: January 21, 2011.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner has 
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 Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.130(b).
    Project/Activity: PCA Senior Residence, Astoria, NY, Project 
Number: 012-EE346/NY36-S061-002.
    Nature of Requirement: Section 891.130(b) prohibits an identity of 
interest between the sponsor or owner (or Borrower, as applicable) and 
any development team member or between development team members until 
two years after final closing.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 28, 2011.
    Reason Waived: To permit an identity of interest for this mixed 
financed project between the ownership entity and the joint developer, 
and between the contractor and joint developer.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: 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: January 4, 2011.
    Reason Waived: Additional time was needed to review the revised 
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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Lane Manor, Lithonia, GA, Project Number: 061-
EE166/GA06-S081-002.
    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: January 6, 2011.
    Reason Waived: Additional time was needed to complete the 
preparation and submission of the firm commitment application and to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Evergreen Terrace, Albany, OH, Project Number: 
043-EE124/OH16-S081-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 12, 2011.
    Reason Waived: Additional time was needed to start initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Delta Twp--202, Albion, MI, Project Number: 047-
EE048/MI33-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.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 12, 2011.
    Reason Waived: Additional time was needed to receive and review the 
site plans, revise the construction drawings, to resubmit the firm 
commitment application, and 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Bakersfield Senior Apartments, Bakersfield, CA, 
Project Number: 122-EE208/CA16-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.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 20, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner to 
seek tax credits, prepare and submit the firm commitment application 
and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW.,

[[Page 37365]]

room 6134, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Leeway Welton Apartments, New Haven, CT, Project 
Number: 017-HD041/CT26-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: January 21, 2011.
    Reason Waived: Additional time was needed to issue the firm 
commitment application and for a decision to be made of the zoning 
appeal.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: 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: January 21, 2011.
    Reason Waived: Additional time was needed to review the closing 
documents and 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Kearney Court, New Holland, OH, Project Number: 
043-EE122/OH16-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.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 21, 2011.
    Reason Waived: Additional time was needed to start initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: San Marino Apartments, San Marino, 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: January 31, 2011.
    Reason Waived: Additional time was needed to reach initial/final 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Newbury Senior Housing, Newberry, NH, Project 
Number: 024-EE120/NH36-S081-006.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 31, 2011.
    Reason Waived: Additional time was needed to resubmit the site and 
architectural plans to the Zoning Board for approval, resubmit the firm 
commitment application and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: The Apartments at St. Elizabeth's, Linden, NJ, 
Project Number: 031-HD155/NJ39-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: February 1, 2011.
    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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Willow Glen Apartments (aka Newton Falls), 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: February 3, 2011.
    Reason Waived: Additional time was needed for the initial closing 
package to be reviewed and for the project to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Volunteers of America National Services, Gary, 
IN, Project Number: 073-EE125/IN36-S081-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 4, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner to 
submit the firm commitment application 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

[[Page 37366]]

     Regulation: 24 CFR 891.165.
    Project/Activity: Woodbourne House, Louisville, KY, Project Number: 
083-EE112/KY36-S081-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 4, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner's 
application for the low income housing tax credits 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: The Cedars Apartments, Grants Pass, OR, Project 
Number: 126-HD048/OR16-Q081-004.
    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: February 4, 2011.
    Reason Waived: Additional time was needed to review initial closing 
documents and for the project to reach an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Edward Marx Apartments, Chicago, IL, Project 
Number: 071-EE244/IL06-S081-012.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 4, 2011.
    Reason Waived: Additional time was needed to review the initial 
closing package and 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Russell School Apartments, Lexington, KY, Project 
Number: 083-EE113/KY36-S081-004.
    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: February 4, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner to 
receive a decision on their request to utilize the previous General 
Wage Decision chart 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Kelsey Village Apartments, Sacramento, CA
    Project Number: 136-HD022/CA30-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: February 4, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner to 
prepare and submit the firm commitment application, for review of the 
application 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 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Westcliff Pines Senior Apartments, Las Vegas, NV, 
Project Number: 125-EE131/NV25-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.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 14, 2011.
    Reason Waived: Additional time was needed to review the firm 
commitment application and other mixed finance documents and for the 
project to reach an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Armstrong Place Senior Apartments, San Francisco, 
CA, Project Number: 121-EE194/CA36-S061-006.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 14, 2011.
    Reason Waived: Additional time was needed for this capital advance 
upon completion mixed finance project to complete its rent up in order 
to receive the construction pay off funds from the State of California' 
Multifamily Housing Program (MHP) and for the project to reach an final 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Villa Davis (fka Triple R Behavioral Health), 
Maricopa County, AZ, Project Number: 123-HD044/AZ20-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.

[[Page 37367]]

    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 17, 2011.
    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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Mosaic Housing XXI-Memphis, Memphis, TN, Project 
Number: 081-HD025/TN40-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: February 23, 2011.
    Reason Waived: Additional time was needed for the plans and 
specifications to be revised and resubmitted for further architectural 
review and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Roeser Haciendas Senior Housing, Phoenix, AZ, 
Project Number: 123-EE107/AZ20-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.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 3, 2011.
    Reason Waived: Additional time was needed for the City of Phoenix 
Housing Department to receive archaeological data recovery and site 
monitoring information on the site, for the firm commitment application 
to be submitted and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Margaret Wagner Housing II, Cleveland Heights, 
OH, Project Number: 042-EE233/OH12-S081-008.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 3, 2011.
    Reason Waived: Additional time was needed for the project to 
achieve initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Sonrisa Apartments, Tucson, AZ, Project Number: 
123-HD043/AZ20-Q081-003.
    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: March 3, 2011.
    Reason Waived: Additional time was needed for the firm commitment 
application to be revised and the project to achieve initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Colter Commons, Phoenix, AZ, Project Number: 123-
EE109/AZ20-S081-003.
    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: March 3, 2011.
    Reason Waived: Additional time was needed for the firm commitment 
application to be submitted and for the project to achieve initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: The Village at Oasis Park Phase I, Mesa, AZ, 
Project Number: 123-HD042/AZ20-Q081-002.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 3, 2011.
    Reason Waived: Additional time was needed for the firm commitment 
application to be issued and for the project to achieve initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Victory Oaks at Saint Camillus, Silver Spring, 
MD, Project Number: 000-EE067/MD39-S081-003.
    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: March 8, 2011.
    Reason Waived: Additional time was needed for the access road to be 
dedicated to the project, the firm commitment to be submitted 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 Seventh Street, SW., room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Benedict's Place, Cherry Hill, NJ, Project 
Number: 035-EE056/NJ39-S081-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of

[[Page 37368]]

the fund reservation of the capital advance is 18 months from the date 
of issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 17, 2011.
    Reason Waived: Additional time was needed for the firm commitment 
application to be submitted and reviewed and for the project to achieve 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Estabrook Place, San Leandro, CA, Project Number: 
121-EE203/CA39-S071-007.
    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: March 30, 2011.
    Reason Waived: Additional time was needed for the initial/final 
closing documents to be submitted and reviewed for this Capital Advance 
Upon Completion mixed finance project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.805 and 24 CFR 891.830(b).
    Project/Activity: Armory Lane Housing, Vergennes, VT, Project 
Number: 024-EE136/VT36-S091-004.
    Nature of Requirement: Section 891.805 requires that the Sole 
General Partner of the Mixed Finance Owner be a Private Nonprofit 
Organization with a 501(c)(3) or 501(c)(4) tax exemption (in the case 
of supportive housing for the elderly), or a Nonprofit Organization 
with a 501 (c)(3) (in the case of supportive housing for persons with 
disabilities. Section 891.830(b) requires that capital advance funds be 
drawn down only in an approved ratio to other funds, in accordance with 
a drawdown schedule approved by HUD.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 30, 2011.
    Reason Waived: To permit the sole general partner of the subject 
project to be a for-profit corporation that is wholly owned and 
controlled by the nonprofit sponsor. Also to allow the capital advance 
to be drawn down in one requisition, to pay off that portion of a 
bridge or construction financing, or 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 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Parker Heights Apartments, Butler, Pennsylvania--
FHA Project Number 033-EE019/PA28-S921-003. The project is experiencing 
difficulty leasing units to eligible very low-income elderly 
applicants.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 23, 2011.
    Reason Waived: The management agent, the Housing Authority of the 
County of Butler, had aggressively marketed units but continues to 
experience vacancy problems at the project. Waiver of this regulation 
allowed the Housing Authority to lease units to low-income, near-
elderly applicants for a period of 12 months. Applicants who apply 
after the waiver period must strictly meet the Section 202 statutory 
and regulatory requirements, including being very low-income elderly. 
This waiver will allow the property to rent-up its vacant units and 
thereby stabilize the project's financial status and prevent 
foreclosure of the property. This is a one-year, one-time waiver.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Heritage Senior Homes, Hanna City, Illinois--FHA 
Project Number: 072-EE164. The property is located in a very rural area 
and has been experiencing difficulty attracting eligible very-low 
income elderly applicants.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing -
Federal Housing Commissioner.
    Date Granted: February 1, 2011.
    Reason Waived: This one-year, one-time waiver was granted to allow 
the owner to admit low-income and near-elderly applicants. However, 
first priority will be given to all qualified eligible applicants who 
meet the Section 202 very low-income guidelines. This waiver will 
assist in curing the existing vacancy problem, thereby stabilizing the 
project's current physical and financial status and preventing 
foreclosure. The property will continue as an affordable housing 
resource for the community.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Pheasant Run Apartments, Brookings, South 
Dakota--FHA Project Number SDD99-S051-002. This project is located in a 
very rural area with few conveniences for senior citizens. The owner/
managing agent has requested waiver of the very low-income and elderly 
restriction to permit admission of low-income, near-elderly applicants 
to alleviate current vacancy problems at the property.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly

[[Page 37369]]

persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 3, 2011.
    Reason Waived: This regulatory waiver was granted to cure the 
project's current vacancy problems. There was insufficient demand to 
fill the units with very low-income elderly applicants. However, first 
priority will be given to all qualified eligible applicants who meet 
the Section 202 very low-income guidelines. The owner/managing agent 
will have the flexibility to lease to qualified low-income, near 
elderly applicants only when there are no very low-income elderly 
applicants on the waiting list, thereby allowing the project to operate 
successfully and achieve full occupancy for the long term financial 
viability of the project.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Jewish Tower II (Zaban Tower), Atlanta, Georgia--
FHA Project Number 061-EE047. This project is located in a very rural 
area with few conveniences for senior citizens.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 26, 2011.
    Reason Waived: The owner/managing agent requested waiver of the 
very low-income and elderly restriction to permit admission of lower-
income, near-elderly applicants to alleviate current vacancy problems 
at the property. However, first priority will be given to all qualified 
eligible applicants who meet the Section 202 very low-income 
guidelines. This one-year, one-time waiver will assist the owner in 
renting up vacant units and allow the project to operate successfully 
and achieve full occupancy for the long term financial viability of the 
project.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Kimberly Meadows, Nelsonville, Ohio--FHA Project 
Number 043-EH321. This Section 202 Housing for the Elderly property is 
experiencing severe vacancy problems.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 14, 2011.
    Reason Waived: This project is located in a very rural area with 
few conveniences for senior citizens. The owner/managing agent 
requested waiver of the very low-income and elderly restriction to 
permit admission of lower-income, near-elderly applicants to alleviate 
the current vacancy problems at the property. However, first priority 
will be given to all qualified eligible applicants who meet the Section 
202 very low-income guidelines. This one-year, one-time waiver will 
assist the owner in renting up vacant units and allow the project to 
operate successfully and achieve full occupancy for the long term 
financial viability of the project.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6164, Washington, DC 20410-
8000, telephone (202) 708-3730.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: The Cottages of Delta Acres, Incorporated, 
Clarendon, Arkansas, FHA Project Number 082-EE127. This project is 
located in a very rural area with few conveniences for senior citizens. 
The owner/managing agent is having financial difficulty at the present 
occupancy level.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 14, 2011.
    Reason Waived: This regulatory waiver was granted to allow the 
owner flexibility to lease units to applicants who are low-income and 
near-elderly, thereby assisting in alleviating the severe vacancy 
problem at the project. However, first priority will be given to all 
qualified eligible applicants who meet the Section 202 very low-income 
guidelines. This one-year, one-time waiver will assist the owner in 
achieving full occupancy at the project and maintain this project as an 
affordable housing resource for this community.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Man