Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2011, 59719-59730 [2011-24839]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59719-59730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24839]


-----------------------------------------------------------------------

 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5529-N-02]


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

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on April 1, 2011, and ending on June 30, 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 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 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 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 April 
1, 2011 through June 30, 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 set out 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: September 21, 2011.
Helen R. Kanovsky,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development April 1, 
2011 through June 30, 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:


[[Page 59720]]


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 project involve the demolition of blighted 
buildings, removal of debris and other related materials, and 
finished grading/seeding of two former commercial properties located 
along Front Street in Berea, Ohio. The two former commercial 
operations were the William Ford Auto Dealership and the Serpentini 
Used Car Lot located at 739 and 566 Front Street, respectively. The 
city of Berea acquired these two properties as a consequence of a 
federally funded, state and local roadway improvement project.
    Cuyahoga County, the Responsible Entity for the project, did not 
conduct the correct level of environmental review for both projects 
as required by 24 CFR part 58. The failure to conduct environmental 
assessments resulted in a lack of an approved Request for Release of 
Funds before the properties were demolished using non-HUD funds.
    Subsequent to identifying the properties for participation in 
the Neighborhood Stabilization program in response to a solicitation 
from Cuyahoga County Land Reutilization Corporation (CCLRC) for 
demolition proposals, but prior to any release of funds from HUD, 
the CCLRC used non-HUD funds to demolish the buildings.
    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: April 29, 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 County erroneously 
conducted an improper level of environmental review. No HUD funds 
were committed. Granting the 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 Seventh Street, SW., Room 7250, 
Washington, DC 20410-7000, telephone (202) 402-4442.
     Regulation: 24 CFR 85.31(c)(2).
    Project/Activity: In 1993, the City of San Francisco awarded the 
Bernal Heights Neighborhood Center's Housing Services Affiliate 
(HSA) a Housing Opportunities for Persons With Aids (HOPWA) formula 
grant in the amount of $409,550 to acquire and rehabilitate Stinson 
House, a six unit facility-based housing project for low-income 
persons living with HIV/AIDS. In May 2010, HSA sold the facility 
following an organizational assessment on financial constraints, the 
building's state of deterioration, and the high cost of 
rehabilitation. The city used the sale proceeds to respond to 
community needs and address the critical housing needs of HOPWA 
eligible clients who prefer independent housing with on-site 
supportive services rather than the Stinson House model of shared 
housing with off-site supportive services. These actions were taken 
prior to requesting guidance on property disposition from HUD as the 
funding authority, which violated HUD regulations regarding 
disposition of real property. A single audit of the city's HOPWA 
program questioned whether the city has complied with HOPWA 
regulations regarding the disposition of real property and the use 
of sales proceeds to fund eligible program activities.
    Nature of Requirement: HUD regulations at 24 CFR 85.31(c) 
require a grantee or subgrantee to request property disposition 
instructions when real property purchased with federal funding is no 
longer needed for the originally authorized purpose. In the event 
that disposition instructions from the awarding agency call for the 
sale of the property, the regulation at 24 CFR 85.31(c)(2) requires 
a grantee or subgrantee to engage in sales procedures that provide 
for competition to the extent practicable and to compensate the 
awarding agency based on the awarding agency's participation in the 
cost of the original purchase to the proceeds of the sale after 
deduction of any actual or reasonable selling and fixing up 
expenses. HOPWA grantees and subgrantees are required to comply with 
24 CFR 85.31(c), applicable to the HOPWA program at 24 CFR 574.605. 
Section 574.605 of the HOPWA regulations governs the disposition of 
real property that is acquired in whole or in part with HOPWA grant 
funding.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 23, 2011.
    Reason Waived: The waiver was granted based on the following 
findings: HOPWA program purposes were served by the project in 
assisting beneficiaries during the minimum use period and later by 
the return of the property's sales proceeds to the city, which in 
turn were used in providing housing assistances to other HOPWA 
beneficiaries in the San Francisco area. There was no evidence to 
suggest that the city intentionally non-complied with HOPWA program 
regulations.
    Contact: Mark Johnston, Deputy Assistance Secretary for Special 
Needs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7276, 
Washington, DC 20410-7000, telephone (202) 708-1590.
     Regulation: 24 CFR 570.208(a)(3) as it applies through 
24 CFR 570.703.
    Project/Activity: The City of Dallas, Texas requested waiver of 
the criteria for national objective at 24 CFR 570.208(a)(3), as it 
applies through 24 CFR 570.703, for the rehabilitation of 
multifamily housing in a mixed use commercial and residential 
development in its Central Business District (CBD). The city of 
Dallas submitted a request for Section 108 Guaranteed Loan funds in 
the amount of $7,600,000 to assist with the redevelopment and 
rehabilitation of the Continental Building, a vacant office building 
in the city's CDB, into 5,000 square feet of commercial space and 
203 multi-family rental units that are 1 bedroom and 2 bedroom 
apartments of which 20 percent (41 units) will be occupied by low- 
and moderate-income (LMI) households. Section 108 funds will only be 
used for housing rehabilitation, which is an eligible activity 
pursuant to 24 CFR 570.703(h). However, the proposed activity did 
not meet the LMI national objectives criteria because less than 51 
percent of the units will be occupied by LMI households. Therefore, 
the city requested a waiver to apply the exception at 24 CFR 
570.208(a)(3)(i) to reduce the percentage of LMI occupied units from 
51 percent to 20 percent. The Section 108 funds will account for 
less than 20 percent of total development costs for the project. The 
request would prevent the loss of 41 units of affordable housing 
that would not otherwise be available.
    Nature of Requirement: HUD's regulation at 24 CFR 570.208(a)(3) 
generally provides that, in the case of acquisition or 
rehabilitation of residential structures with more than two units, 
at least 51 percent of such units must be occupied by LMI 
households. However, the exception at 24 CFR 570.208(a)(3)(i) 
permits Community Development Block Grant funds (which term includes 
the proceeds of a Section 108 loan) to be used to support the new 
construction of non-elderly rental housing when not less than 20 
percent of the units will be occupied by low- and moderate-income 
households at affordable rents and the proportion of the total cost 
of the project borne by CDBG funds is no greater than the proportion 
of units that will be occupied by low- and moderate-income 
households.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning & Development.
    Date Granted: June 30, 2011.
    Reason Waived: HUD granted the waiver because the city of Dallas 
showed good cause by demonstrating that the project would not be 
financially feasible without the Section 108 loan funds and if it 
were required to have 51 percent of the units occupied by LMI 
households. This would result in the project not being developed and 
the loss of 41 affordable housing units that would otherwise be 
available. In addition, the city demonstrated that the project would 
promote housing and economic revitalization goals by assisting in 
its efforts of increasing affordable housing in the CBD and 
increasing mixed-income housing through spatial deconcentration, 
which furthers the purpose of the Housing and Community Development 
Act of 1974, as amended, as it relates to providing decent housing 
and a suitable living environment, reducing the isolation of income 
groups within communities, and promoting an increase in diversity of

[[Page 59721]]

neighborhoods through the special deconcentration of housing 
opportunities for persons of lower income. In addition, HUD granted 
the waiver with mandatory conditions, including the requirements 
that the City provide HUD a copy of its plan to address rental 
housing needs of low-income families that demonstrates how the 
Continental Building project is consistent with the housing needs 
described in its Consolidated Plan (see 24 CFR 91.205), provide HUD 
with copies of compliance and monitoring plans for other identified 
Section 108 projects, provide HUD with a schedule for adopting and 
publishing standards for determining affordable rents, and ensure a 
15-year affordability requirement for the Continental Building 
project.''
    Contact: Paul D. Webster, Director, Financial Management 
Division, Office of Block Grant Assistance, Office of Community 
Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 7178, Washington, DC 
20410-7000, telephone: (202) 708-1871.
     Regulation: 24 CFR 574.330 (a)(1) and (b(1).
    Project/Activity: The Downtown Emergency Service Center (DESC) 
located in Seattle, Washington, requested an additional waiver of 
the HOPWA short-term supported housing regulations for which they 
were granted a waiver by HUD on September 9, 2010. DESC is a HOPWA 
competitive grant recipient that provides permanent and supportive 
services to persons living with HIV/AIDS. HUD had previously 
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 program was also supporting these 
families for longer than the allotted six-month period. DESC has 
complied with the requirements of the first waiver and has submitted 
documentation to substantiate its difficulty in identifying 
permanent housing for those with complex mental health issues and 
criminal records.
    Nature of Requirement: HOPWA regulations at 24 CFR 574.330 
(a)(1) and (b(1) require that short-term supported housing 
facilities not provide 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. 
These regulations also require that any short-term supported 
facility not provide shelter or housing at any single time for more 
than 50 families or individuals.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 21, 2011.
    Reason Waived: The waiver was granted based on the following 
findings: The grantee and project sponsor acted in good faith to 
identify more permanent housing options for its program 
beneficiaries. They were compliant with the requirements and given 
the extenuating circumstances in identifying more suitable housing, 
the waiver would enable DESC to continue addressing the emergency 
shelter needs of those difficult to house homeless individuals with 
challenging mental health issues. The waiver will expire six months 
from the date of approval and applies only to DESC service area.
    Contact: Mark Johnston, Deputy Assistance Secretary for Special 
Needs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7276, 
Washington, DC 20410-7000, telephone (202) 708-1590.
     Regulation: Section IV.D 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 of 2009, issued March 19, 2009 (HPRP Notice).
    Project/Activity: HUD extended a limited waiver of the HPRP 
participant eligibility requirements to the State of Kentucky, the 
City of Louisville, and the City of Baltimore to facilitate those 
grantees' participation in the HUD-funded study, The Impact of 
Housing and Services Interventions on Homeless Families.
    Nature of Requirement: Section IV.D of the HPRP Notice provides 
that all participants must meet the following minimum eligibility 
criteria: (1) Have at least an initial consultation with a case 
manager to determine the appropriate type of assistance; (2) be at 
or below 50 percent Area Median Income (AMI); (3) be homeless or at 
risk of losing housing; (4) have failed to identify appropriate 
subsequent housing options; and (5) lack the financial resources and 
support networks needed to maintain or obtain immediate housing. 
Section IV.D also requires grantees to evaluate and certify 
participant eligibility at least once every three months for all 
persons receiving medium-term rental assistance.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 1, 2011.
    Reason Waived: As part of the HUD-funded study, HUD waived the 
HPRP eligibility requirements so that the grantees and their 
subgrantees could provide rapid re-housing assistance to randomly 
assigned homeless families without verifying those families' 
eligibility for HPRP.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
U.S. Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 7262, Washington, DC 20410-7000, telephone number 
(202) 708-4300.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 202.5(g).
    Project/Activity: Applicants for Federal Housing Administration 
(FHA) lender approval or renewal as supervised lenders and 
mortgagees possessing consolidated assets below the thresholds for 
required submission of annual audited financial statements set by 
their respective regulators at 12 CFR 363.1(a), 12 CFR 562.4(b)(2), 
or 12 CFR 715.4(c).
    Nature of Requirement: Section 202.5(g) requires supervised, 
non-supervised, and investing lenders or mortgagees to furnish to 
FHA a copy of their annual audited financial statements within 90 
days of the lender or mortgagee's fiscal year end in order to obtain 
or renew FHA lender approval. The other requirements of this section 
were not waived.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 7, 2011.
    Reason Waived: For some small supervised lenders and mortgagees 
that originate low volumes of FHA loans, the new expense for 
obtaining audited financial statements may be deemed too burdensome 
to justify continued participation in FHA programs as approved 
lenders and mortgagees. Due to the fact that many of these small 
supervised lenders and mortgagees are located in rural communities 
that possess a limited selection of residential mortgage lending 
entities, the relinquishment of FHA lender approval by these 
institutions may decrease access to FHA programs for some rural 
communities. In the midst of the present economic recovery, and 
given FHA's more prominent role in the nation's mortgage market at 
present, a reduction in the availability of FHA-insured mortgage 
credit could adversely impact the recovery of some states and 
communities. A waiver of the new audited financial statement 
requirements for supervised lenders meeting the designated 
consolidated asset thresholds helped to ensure the continued 
availability of FHA products throughout the nation, and would not 
pose significant additional risk to FHA's insurance funds.
    Contact: Richard Toma, Deputy Director, Office of Lender 
Activities and Program Compliance, Office of Housing, Department of 
Housing and Urban Development, 490 L'Enfant Plaza East, SW., Room 
P3214, Washington, DC 20024-8000, telephone (202) 708-1515.
     Regulation: 24 CFR 203.41(a)(5)
    Project/Activity: The waiver was not granted in connection with 
the FHA Inspector Roster.
    Nature of Requirement: The introductory language in section 
203.41(a)(5) defines ``eligible nonprofit organization,'' in part, 
as an organization of the type described in section 501(c)(3) of the 
Internal Revenue Code of 1986 (IRC) as an organization exempt from 
federal taxation under IRC Sec.  501(a). FHA has received several 
requests from nonprofit instrumentalities of government, whose 
income is excluded from federal taxation pursuant to IRC section 
115, seeking placement on the Roster and approval to provide 
secondary financing. Although these nonprofit instrumentalities 
satisfy all other FHA requirements for placement on the Roster and 
would otherwise be eligible to provide secondary financing, they are 
not organizations of the type described in section 501(c)(3). Thus, 
without the waiver, they are ineligible for placement on the Roster 
as

[[Page 59722]]

providers of secondary financing. This waiver enables IRC section 
115 nonprofit government instrumentalities to be placed on the 
Roster so they can provide affordable housing opportunities to more 
Americans via secondary financing until the regulations are amended. 
The waiver does not provide IRC section 115 nonprofit entities with 
the ability to purchase either FHA REO or to obtain FHA-insured 
mortgage financing.
    This waiver also waived the regulations at 24 CFR 
203.41(a)(5)(ii), which requires that all nonprofit organizations 
participating in FHA programs have a voluntary board. The voluntary 
board requirement (i.e., no financial compensation to board members) 
is waived for all IRC section 115 nonprofit instrumentalities of 
government seeking placement on the FHA Roster and approval to 
participate in FHA programs as providers of secondary financing. 
This waiver will enable an IRC section 115 nonprofit instrumentality 
of government to have a board member who also is a salaried employee 
of the governmental body in control of the nonprofit 
instrumentality.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner
    Date Granted: June 17, 2011
    Reason Waived: This waiver is a renewal of the waiver issued 
September 10, 2010 and is made retroactive to cover any period that 
has lapsed between February 23, 2011 and the official date this 
waiver is signed. Single Family has initiated the process for 
official rulemaking to offer a permanent solution to the needed 
change in policy.
    Contact: Brian Siebenlist, Department of Housing and Urban 
Development, 451 7th Street, SW., Room B-133--Plaza 2206, 
Washington, DC 20410.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Emerson Center Apartments--FHA Project Number 
083-44801. The owner requested to defer repayment of the Flexible 
Subsidy Operating Assistance Loan on this project due to the project 
owner's inability to repay the loan in full or partially upon 
maturity.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 27, 2011.
    Reason Waived: The owner requested and was granted waiver of the 
requirement to defer repayment of the Flexible Subsidy Operating 
Assistance Loan because the project did not have sufficient funds to 
repay the loan. The owner was allowed to fully re-amortize the 
existing loan and record a Rental Use Agreement for a 20-year term 
through 2031, thereby maintaining the long-term preservation of the 
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., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: HRCA Housing for the Elderly/Jack Satter 
House--FHA Project Number 023-EH001, Revere, Massachusetts. The 
owner requested to defer repayment of the Flexible Subsidy Loan to 
achieve the long-term preservation of this project as affordable 
housing for the elderly.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 14, 2011.
    Reason Waived: The owner demonstrated that deferral of repayment 
of the Flexible Subsidy Operating Assistance Loan is necessary to 
achieve the long-term preservation of the project. Approval of this 
waiver would allow the owner to re-amortize the loan over a 35-year 
period, the term of the new financing, and complete much needed 
repairs at the project and maintain the project's financial and 
physical integrity.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Blue Lake Residences, Twin Lakes, Michigan--
FHA Project Number 047-35227. The owner of the property is unable to 
repay the Flexible Subsidy Operating Assistance Loan without dire 
consequences to the property and residents that reside there.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 26, 2011, amended July 29, 2011.
    Reason Waived: Providing for waiver of this regulation would 
allow the owner to defer repayment of the Flexible Subsidy Loans 
over a 30-year period and recapitalize the property. A Rental Use 
Agreement would be recorded for the term of the new FHA insured 
mortgage to 2041, thereby restoring the financial and physical 
soundness to the property. The project would, thereby, be maintained 
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., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Bethany Villa I Apartments, Troy, Michigan--
FHA Project Number 044-SH022. The owner requested waiver of this 
regulation to permit deferral of repayment of the Flexible Subsidy 
Loans upon prepayment of the project's mortgage. The owner was 
unable to repay the loan partially or fully upon prepayment of the 
project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 6, 2011.
    Reason Waived: Waiver of this regulation was granted to allow 
the owner to defer repayment of the Flexible Subsidy Operating 
Assistance Loan, and refinance with a new FHA-insured mortgage to 
redevelop the property. The owner would then be able to make much 
needed repairs and the project would be maintained as decent, safe 
and sanitary housing for its residents. A new Rental Use Agreement 
is to be recorded for a term of 35 years, preserving housing 
affordability for the Troy, Michigan area.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Bethany Villa II Apartments, Troy, Michigan--
FHA Project Number 044-44092. The owner has requested waiver of this 
regulation to permit deferral of repayment of the Flexible Subsidy 
Loans upon prepayment of the project's mortgage. The owner is unable 
to repay the loan partially or fully upon prepayment of the 
project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment

[[Page 59723]]

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 mortgage insurance, prepayment of the mortgage, or a 
sale of the project * * *.'' Either of these actions would typically 
terminate FHA involvement with the property, and the Flexible 
Subsidy Loan would be repaid, in whole, at that time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2011.
    Reason Waived: Sufficient need was determined and waiver of this 
regulation was granted to allow the owner to defer repayment of the 
Flexible Subsidy Operating Assistance Loan. Waiver of this 
requirement would prevent dire consequences to the property and the 
residents that reside there. The project would be able to make much 
needed repairs to the property and allow the project to be 
maintained as decent, safe and sanitary housing. A new Rental Use 
Agreement is to be recorded for a term of 35 years, preserving 
housing affordability for the Troy, Michigan area.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Redeemers Arms Apartments, St. Paul, 
Minnesota--FHA Project Number 092-SH017. The owner requested 
deferral of repayment of the Flexible Subsidy Operating Assistance 
Loans upon prepayment of the project's mortgage to restore the 
financial soundness of the project and complete needed 
rehabilitation.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2011.
    Reason Waived: The owner was granted permission to defer 
repayment of the Flexible Subsidy Operating Assistance Loans, and 
transfer ownership of the property to a non-profit entity. The 
proposed rehabilitation will modernize this aging property and 
improve the quality of life for the residents. The loan is to be re-
amortized, and a new Rental Use Agreement will be recorded, 
extending the project's affordability for an additional 33 years.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Union Acres Trust, Center, Texas--FHA Project 
Number 114-35034. The owner has requested waiver of this regulation 
to permit deferral of repayment of the Flexible Subsidy Loans upon 
prepayment of the project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 26, 2011.
    Reason Waived: The owner was granted permission to defer 
repayment of the Flexible Subsidy Operating Assistance Loans. The 
owner had proposed to transfer ownership of the property to a non-
profit entity that would provide funds for the much needed 
rehabilitation of the property. The loan is to be re-amortized over 
a 40-year period with new financing, and a new Rental Use Agreement. 
This would provide long-term preservation of affordable housing for 
Center, Texas.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-8000, telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Better Housing for Erie, Erie, Pennsylvania--
FHA Project Number 033-35008. The owner has requested waiver of this 
regulation to permit deferral of repayment of the Flexible Subsidy 
Loans upon prepayment of the project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2011.
    Reason Waived: The owner was granted permission to defer 
repayment of the Flexible Subsidy Operating Assistance Loans, to 
restore the financial soundness of the project. The owner obtained 
financing from a non-profit agency and the new loan is to be 
amortized over 10 years. The existing Flexible Subsidy Loan is to be 
reduced and be fully re-amortized over a 20-year period. A new 20-
year HAP contract is to be executed extending the affordability of 
this project.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Alpha Arms Apartments, Goldsboro, NC--053-
44135. The owner has requested waiver of this regulation to permit 
deferral of repayment of the Flexible Subsidy Loans upon prepayment 
of the project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 3, 2011.
    Reason Waived: The owner was granted permission to defer 
repayment of the Flexible Subsidy Operating Assistance Loan upon 
prepayment/refinance of the Section 236 mortgage. The owner proposed 
to refinance the project which would provide funds to make urgent 
physical repairs, replacements and updates. Alpha Arms is to execute 
a new Rental Use Agreement, extending the affordability of the 
project for 40 years.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 219.220(b).
    Project/Activity: Mt. Zion Garden Apartments, Albany, Georgia--
061-35005. The owner has requested waiver of this regulation to 
permit deferral of repayment of the Flexible Subsidy Loans upon 
prepayment of the project's mortgage.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under 
this subpart must be repaid at the earlier of the expiration of the 
term of the mortgage, termination of mortgage insurance, prepayment 
of the mortgage, or a sale of the project * * *.'' Either of these 
actions would typically terminate FHA involvement with the property, 
and the Flexible Subsidy Loan would be repaid, in whole, at that 
time.

[[Page 59724]]

    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May June 21, 2011.
    Reason Waived: The owner was granted permission to defer 
repayment of the Flexible Subsidy Operating Assistance Loan upon 
prepayment/refinance of the Section 223(f) mortgage. The owner 
proposed to refinance the project which would provide funds to make 
much needed physical repairs at the project. The owner is to execute 
a Rental Use Agreement for the 20-year term of the re-amortized 
Note, extending the project as an affordable housing resource for 
the Albany area.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3730.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Liberty Resources 13, Philadelphia, PA; 
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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 7, 2011.
    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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 6142 
Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: The Village at Oasis Park Phase I, Mesa, AZ, 
Project Number: 123-HD042/AZ20-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 29, 2011.
    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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Evergreen Terrace, Albany, OH; Project Number: 
043-124OH16-S081-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 11, 2011.
    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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142,Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Shiloh Senior Housing, New Rochelle, NY, 
Project Number: 012-EE361/NY36-S071-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 24, 2011.
    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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: 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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 7, 2011.
    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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.130(b).
    Project/Activity: Armory Lane Housing Limited Partnership, 
Vergennes, VT, Project Number: 024-EE136/VT36-S091-004.
    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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 28, 2011.
    Reason Waived: To permit an identity of interest for the mixed 
financed project between the ownership entity and the joint 
developer, and between the two development team members, the 
contractor and joint developer.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, 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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 8, 2011.
    Reason Waived: Additional time was needed for the project to 
achieve an initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: St. Bernard Volunteers of America Elderly 
Housing, St. Bernard, OH, Project Number: 046-EE097/OH10-S081-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 11, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment to be issued and for the project to be initially closed.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Champion Place, Perry, New York, Project 
Number: 014-EE274/NY06-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.

[[Page 59725]]

    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 12, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed and for the project to 
achieve initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: City of Utica Section 811 Project, Utica, NY, 
Project Number: 014-HD132/NY06-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 15, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed and for the project to 
achieve initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: RJ Piltz Vista Bonita Apartments, Mesa, AZ; 
Project Number: 123-HD041/AZ20-Q061-003.
    Nature of Requirement: Section 891.165 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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 5, 2011.
    Reason Waived: Additional time was needed to reach an initial 
closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Fillmore Haciendas, Phoenix, AZ; Project 
Number: 123-EE105/AZ20-S071-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 5, 2011.
    Reason Waived: Additional time was needed to reissue the firm 
commitment and for the project to reach an initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: West Bergen ILP 2005, Ridgewood, NJ; Project 
Number: 031-HD145/NJ39-Q051-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 5, 2011.
    Reason Waived: Additional time was needed for the project to 
reach initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Quincy Commons, Roxbury, MA; Project Number: 
023-EE227/MA06-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2011.
    Reason Waived: Additional time was needed to secure secondary 
funding upon completion of this mixed finance project and to achieve 
an initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Shiloh Senior Housing, New Rochelle, NY; 
Project Number: 012-EE361/NY36-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 27, 2011.
    Reason Waived: Additional time was needed to reach initial 
closing and the start of construction.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Allen by The Bay Senior Housing, Queens, NY; 
Project Number: 012-EE368/NY36-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 14, 2011.
    Reason Waived: Additional time was needed for the completion of 
the sale of the tax exempt bonds by New York and for the project to 
reach an initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: CPNJ Livingston Residence, Livingston, NJ, 
Project Number: 031-HD157/NJ39-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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner 
to receive a response from the New Jersey Department of 
Environmental Protection (NJDEP) regarding the boundaries of the 
riparian buffer so the architectural plans and specs could be 
finalized, submit the firm commitment, and for the project to reach 
initial closing.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.170(a), 24 CFR 891.830(b) and 24 
CFR 891.830(c)(4).
    Project/Activity: Shiloh Senior Housing, New Rochelle, NY; 
Project Number: 012-EE361/NY36-S071-007.
    Nature of Requirement: Section 891.170(a) requires that a 
capital advance shall bear no interest and its repayment shall not 
be required so long as the housing project remains available for 
very low-income elderly families or 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

[[Page 59726]]

HUD and Sec.  891.830(c)(4) prohibits the capital advance funds from 
paying off bridge or construction financing, or repaying or 
collateralizing bonds.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 24, 2011.
    Reason Waived: The waiver was granted 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. The waiver 
was granted to also 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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.805.
    Project/Activity: Cheriton Heights, West Roxbury, MA, Project 
Number: 023-EE225/MA06-S081-001.
    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.
    Granted By: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 11, 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.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.830(c)(4).
    Project/Activity: Shiloh Senior Housing, New Rochelle, NY, 
Project Number: 012-EE361/NY36-S071-007.
    Nature of Requirement: Section 891.830(c)(4) 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: Robert C. Ryan, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 6, 2011.
    Reason Waived: The waiver was granted 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. The waiver 
was granted to also 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: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 
6142, Washington, DC 20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.410(c).
    Project/Activity: Estancias Presbiterianas del Angel, 
Hormigueros, Puerto Rico--FHA Project Number 056-EE056. 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: April 5, 2011.
    Reason Waived: The owner aggressively marketed units to eligible 
tenants but continues to experience vacancy problems at the project. 
It was determined that waiver of this regulation would allow the 
owner to lease units to low-income, near-elderly applicants for a 
period of 12 months. However, 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 
allowed the property to rent-up its vacant units and thereby 
stabilize the project's financial status and prevent foreclosure of 
the property.
    Contact: Marilyn M. Edge, Acting Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW