Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2011, 78675-78684 [2011-32446]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78675-78684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32446]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5529-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
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 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2011, and ending on September 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 third 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 July 
1, 2011 through September 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 third quarter of calendar 
year 2011) before the next report is published (the fourth quarter of 
calendar year 2011), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.


[[Page 78676]]


    Dated: December 13, 2011.
Helen R. Kanovsky,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development July 1, 2011 
Through September 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:
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: Railtech International, a global manufacturer 
of rail track repair and assembly equipment, sought to consolidate 
its operations by expanding the existing Railtech Boutet facility in 
Liberty Township, Ohio. The project included the construction of 
31,777 sq. ft. in office and manufacturing space at that location.
    Henry County used non-HUD funds to assist construction of the 
facility and to purchase equipment and machinery after applying for 
HUD CDBG funds, but prior to completing the environmental review 
process and receiving an approved Request for Release of Funds from 
HUD. The CDBG funds were to be used to purchase additional machinery 
and equipment.
    Nature of Requirement: The regulation at 24 CFR 58.22(a) 
requires that an environmental review be performed and a Request for 
Release of Funds be completed and certified prior to the commitment 
of non-HUD funds to a project using HUD funds.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 3, 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. Henry County does not have 
experience in administering HUD grants and the county stated that it 
did not intend to violate HUD's environmental requirements. No HUD 
funds were committed to the project prior to the environmental 
review. Granting the waiver would not result in any unmitigated, 
adverse environmental impact.
    Contact: Nelson Rivera, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and 
Urban Development, 451 7th Street SW., Room 7248, Washington, DC 
20410, telephone (202) 402-4455.

    Nature of Requirement: According to 24 CFR 91.105(c)(1), changes 
in the use of CDBG funds from one activity to another constitutes a 
substantial amendment. HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens be given no less than 30 days to comment on 
substantial amendments before they are implemented. The city asked 
to reduce its citizen comment period to 7 days so that it may 
quickly reallocate CDBG funds for activities to assist city 
residents and businesses affected by the storm/tornado.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 13, 2011.
    Reason Waived: The city was allowed to reduce its comment period 
from 30 days to 7 days so that it may quickly reallocate CDBG funds 
for activities to provide assistance to residents and businesses and 
facilitate its recovery efforts from the April 27, 2011, storm/
tornado.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, 451 7th Street SW., Room 7282, Washington, DC 20410, 
telephone (202) 708-1577.

     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: The city of Birmingham, AL, experienced severe 
storms and a tornado on April 27, 2011, resulting in substantial 
property damage. A federal disaster declaration was issued for most 
jurisdictions in Alabama on April 28, 2011. The city requested the 
waiver of a regulation to shorten the required citizen comment 
period in order to quickly reallocate CDBG funds to assist residents 
and facilitate its recovery efforts.
    Nature of Requirement: According to 24 CFR 91.105(c)(1), changes 
in the use of CDBG funds from one activity to another constitutes a 
substantial amendment. HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens be given no less than 30 days to comment on 
substantial amendments before they are implemented. The city asked 
to reduce its citizen comment period to 7 days so that it may 
reallocate CDBG funds for activities to assist city residents 
affected by the storm/tornado.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 31, 2011.
    Reason Waived: The city was allowed to reduce the comment period 
from 30 days to 7 days to more quickly reallocate CDBG funds for 
activities that provide assistance to residents and businesses and 
facilitate recovery efforts from the April 27, 2011, storm/tornado.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, 451 7th Street SW., Room 7282, Washington, DC 20410, 
telephone (202) 708-1577.

     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: The city of Joplin, Missouri experienced a 
severe tornado on May 22, 2011, resulting in substantial property 
damage. A federal disaster declaration was issued for Jasper County, 
where Joplin is located, on May 9, 2011. This disaster declaration 
covers tornadoes, severe storms, and flooding that occurred from 
April 19, 2011, until June 6, 2011. The city requested the waiver of 
a regulation to shorten the required citizen comment period in order 
to quickly reallocate CDBG funds to assist city residents and 
facilitate recovery efforts.
    Nature of Requirement: According to 24 CFR 91.105(c)(1), changes 
in the use of CDBG funds from one activity to another constitutes a 
substantial amendment. HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens be given no less than 30 days to comment on 
substantial amendments before they are implemented. The city asked 
to reduce its citizen comment period to 7 days so that it may 
reallocate CDBG funds for activities to assist city residents 
affected by the storm/tornado.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 8, 2011.
    Reason Waived: The city was allowed to reduce its comment period 
from 30 days to 7 days so that it could quickly reallocate CDBG 
funds for activities to provide assistance to residents and 
businesses and facilitate its recovery efforts from the May 22, 
2011, tornado.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, 451 7th Street SW., Room 7282, Washington, DC 20410, 
telephone (202) 708-1577.

     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: After disapproval of the County's FY2011 
action plan, Westchester County, New York faced the possibility of 
layoffs or other staffing consequences. The county determined that 
there were additional eligible program administrative expenses and 
activity delivery costs that could be charged to its CDBG program 
from its 2008-2010 program years. The county requested a waiver of 
24 CFR 91.105(c)(2) to reduce its citizen comment period to 14 days 
so that it may reallocate CDBG funds for these costs.
    Nature of Requirement: According to 24 CFR 91.105(c)(1), changes 
in the use of CDBG funds from one activity to another constitutes a 
substantial amendment. HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens be given no less than 30 days to comment on 
substantial amendments before they are implemented. The county 
needed to reduce its citizen comment period for substantial 
amendments to prior year action plans, so that it might quickly 
reallocate CDBG funds for planning and administrative costs to avoid 
layoffs or other critical staffing reductions.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 8, 2011.
    Reason Waived: The county was allowed to reduce its comment 
period from 30 days to 14 days so that it may quickly reallocate 
CDBG funds for planning and administrative activities and avoid a 
situation in which the

[[Page 78677]]

county must lay off or otherwise reduce staffing levels at a 
critical time in its implementation of a legal settlement agreement. 
The waiver allowed the county to maintain capacity to administer its 
CDBG program until December 31, 2011.
    Contact: Steve Johnson, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community and Planning 
Development, 451 7th Street SW., Room 7282, Washington, DC 20410, 
telephone (202) 708-1577.

     Regulations: 24 CFR 91.115(b)(3), 24 CFR 91.115(c)(2), 
and 24 CFR 91.115(i).
    Project/Activity: The State of Missouri requested a waiver of 
regulations at 24 CFR 91.115(b)(3), 24 CFR 91.115(c)(2), and 24 CFR 
91.115(i) in order to provide disaster assistance to local 
governments in a timely manner.
    Nature of Requirement: HUD's regulation at 24 CFR 91.115(b)(3) 
requires at least one public hearing on housing and community 
development needs before the proposed consolidated plan is published 
for comment. HUD's regulation at 24 CFR 91.115(c)(2) requires the 
citizen participation plan to provide a period not less than 30 
days, to receive comments on the substantial amendment of the 
consolidated plan. HUD's regulation at 24 CFR 91.115(i) requires the 
State to follow its citizen participation plan.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 27, 2011.
    Reason Waived: A waiver of the need to hold additional public 
hearings and a reduced public comment period from 30 to 7 days was 
granted to allow the State of Missouri to implement the amendment to 
its 2011 Method of Distribution and annual action plan and enable 
the State to provide disaster assistance to affected local 
governments in a timely manner.
    Contact: Steve Rhodeside, Acting Director, State and Small 
Cities Division, Office of Block Grant Assistance, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7184, Washington, DC 20410, 
telephone (202) 402-7375.

     Regulations: 24 CFR 92.503(b)(3).
    Project/Activity: The City of Inglewood, CA requested a waiver 
of 24 CFR 92.503(b)(3) to permit the City's repayment of $536,618.36 
to be deposited into the City's HOME Investment Trust Fund local 
account and fund additional HOME-eligible activities.
    Nature of Requirements: HUD's regulation at 24 CFR 92.503(b)(3) 
requires HOME funds to be repaid to the account from which they were 
drawn.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 1, 2011.
    Reasons Waived: The City of Inglewood repaid $2,191,107.25 to 
its HOME Investment Trust Fund Treasury account for an ineligible 
project. A portion of the total repayment, $536,618.36, was credited 
to the City's Fiscal Year (FY) 2003 HOME account, which was closed 
in 2010 due to expiration of the period of availability of the 
funds. As a result, the repaid funds were no longer available for 
the City's use in eligible affordable housing activities. The 
Cranston-Gonzalez National Affordable Housing Act states that such 
repaid funds shall be immediately available to the grantee for 
investment in eligible affordable housing activities. In this case, 
the compliance with the regulation thwarted statutory intent. The 
waiver was granted to permit the repaid funds to be returned to the 
City so that the funds could be deposited in the City's local HOME 
Investment Trust Fund account and invested in additional HOME-
eligible activities.
    Contact: Virginia Sardone, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street SW., Room 7164, Washington, DC 20410, telephone (202) 708-
2684.

     Regulation: 24 CFR 570.200(g).
    Project/Activity: After disapproval of its FY2011 action plan, 
Westchester County, NY faced the possibility of layoffs or other 
staffing consequences. The county determined that for program years 
2008-2010 it could have expended additional amounts for 
administrative costs consistent with the statutory 20 percent cap, 
and could reprogram certain costs to administration and activity 
delivery costs. Amending its prior year action plans to include 
these costs would free up other funds to cover current 
administrative expenses, and would allow the county to retain 
capacity to administer CDBG-funded activities as well as implement 
activities required by a 2009 legal settlement.
    Nature of Requirement: CDBG program annual appropriations acts 
contain a requirement that ``not to exceed 20 percent of any grant 
made with funds appropriated [under the CDBG program] shall be 
expended for planning and management development and 
administration.'' The methodology for determining compliance with 
this statutory requirement is established by regulation at 24 CFR 
570.200(g). The county requested relief from the regulatory 
provisions of 24 CFR 570.200(g) to allow it to reprogram funds in 
program years 2008-2010 to address pending administrative costs, 
while maintaining compliance with the statutory provision.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 8, 2011.
    Reason Waived: In order to avoid a situation in which the county 
must lay off or otherwise reduce staffing levels at a critical time 
in its implementation of a legal settlement agreement, HUD approved 
a waiver of 24 CFR 570.200(g) to the extent necessary to provide 
reasonable flexibility in reprogramming funds. The county has 
assured HUD that the reprogramming will not result in the county 
exceeding the statutory limitations on planning and administrative 
expenditures. The waiver allowed the county to maintain capacity to 
administer its CDBG program until December 31, 2011.
    Contact: Steve Johnson, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, 451 7th Street SW., Room 7282, Washington, DC 20410, 
telephone (202) 708-1577.

     Regulations: 24 CFR 570.209(b)(3).
    Project/Activity: The City of Cleveland, OH, requested waiver of 
the standards for evaluating public benefit for special economic 
development projects for its Green City Growers Cooperative project. 
The city submitted a request for Section 108 Guaranteed Loan funds 
in the amount of $8,000,000 to be used in conjunction with its 
Fiscal Year 2009 Brownfield Economic Development Initiative (BEDI) 
grant in the amount of $2,000,000 for the Green City Growers 
Project. The project involves acquisition of real property and 
construction of a 6-acre commercial greenhouse complex on a 10-acre 
site. The project would cause the creation of 42 permanent jobs. The 
project is an eligible economic development activity in accordance 
with 24 CFR 570.703(i), pursuant to 24 CFR 570.203(b) and will meet 
the CDBG national objectives criteria in accordance with 24 CFR 
570.208(a)(1)(vii) and 24 CFR 570.208(d)(5)(i) through low and 
moderate income area benefit; however, it does not meet the 
guidelines for evaluating public benefit for special economic 
development activities in accordance with 24 CFR 570.209(b)(3) for 
an individual activity. The city requested a waiver of these 
standards and cited other benefits to the residents in the project's 
service area, which is the city's Central Neighborhood 
Revitalization Area.
    Nature of Requirements: HUD's regulation at 24 CFR 570.209(b)(3) 
specifies the minimum level of public benefit that must be obtained 
from the expenditure of CDBG funds (which term includes the proceeds 
of a Section 108 loan and BEDI grant funds) for special economic 
development projects. Specifically, for an individual activity that 
either creates or retains jobs or provides goods and services, the 
use of CDBG funds cannot exceed $50,000 per full-time equivalent job 
or $1,000 per low- and moderate-income person to which goods or 
services are provided. The City's project did not meet these 
guidelines.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 29, 2011.
    Reasons Waived: HUD granted the waiver because the City showed 
good cause by demonstrating that public benefits would be derived 
from the project, the public benefits provided by the project would 
be appropriate relative to the amount of CDBG assistance provided, 
and that an economic hardship would be suffered if the project was 
not carried out.
    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 7th Street SW., Washington, DC 20410, telephone 
(202) 708-1871.

     Requirements: Sections IV.A.1, IV.A.1.e and IV.A.2 of 
the Notice of Allocations, Application Procedures, and Requirements 
for Homelessness Prevention and Rapid Re-Housing Program Grantees 
under the American Recovery and Reinvestment Act of 2009, issued 
March 19, 2009 (HPRP Notice); and 24 CFR 91.115(c), (i), 576.3, and 
576.35.
    Project/Activity: The State of Alabama requested a waiver of 
several Homelessness

[[Page 78678]]

Prevention and Rapid Re-Housing Program (HPRP) requirements, 
including sections IV.A.1, IV.A.1.e and IV.A.2 of the HPRP Notice, 
to allow more flexibility in providing homelessness prevention and 
rapid re-housing assistance to households affected by the April 2011 
severe storms, tornadoes, straight-line winds, and flooding in the 
state.
    Nature of Requirement: Sections IV.A.1 and IV.A.2 of the HPRP 
Notice limit the amount of time a program participant may receive 
HPRP financial assistance or housing relocation and stabilization 
services to 18 months. Section IV.A.1.e allows HPRP funds to be used 
for motel and hotel vouchers only up to 30 days for a program 
participant and only if no appropriate shelter beds are available 
and subsequent rental housing has been identified but is not 
immediately available. The citizen participation requirements at 24 
CFR 91.115(c) and (i) require a minimum public comment period of 30 
days for any substantial amendment to a grantee's consolidated plan. 
The ``emergency shelter'' definition in 24 CFR 576.3 limits the 
types of shelter fundable with Emergency Shelter Grants (ESG) to 
facilities focused on providing temporary or transitional shelter 
for homeless families and individuals. Under 24 CFR 576.35, states 
have 65 days after the award date to make ESG funds available to 
subgrantees, the subgrantees have another 180 days to obligate the 
funds, and all funds must be expended within 2 years of the award 
date.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 1, 2011.
    Reason Waived: HUD waived the requirements listed above to give 
the State more flexibility in using ESG and HPRP funds to assist 
households affected by the disaster. The State was allowed to reduce 
its public comment period to 3 days so the State could quickly 
reprogram and reallocate its ESG and HPRP funds to adapt to new 
needs caused by the disaster. Where shelter facilities were 
overfilled or damaged by the disaster, ESG funds could be used to 
rent available rental housing to shelter disaster victims. Program 
participants affected by the disaster could continue receiving HPRP 
assistance beyond the 18-month limit. Where adequate shelters and 
housing were both scarce, HPRP hotel vouchers could be used for 
longer periods and without identification of a subsequent residence. 
Finally, the extension of the ESG obligation and expenditure 
deadlines would allow for time needed to rebuild service delivery 
systems impaired by the disaster.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
    Requirement: Section IV.A.1 of the HPRP.
    Project/Activity: The State of Maryland requested the waiver so 
that its subgrantee, Garrett County Community Action Committee, Inc. 
(Garrett County CAC), could provide HPRP assistance to individuals 
and families in housing units owned by Garrett County CAC.
    Nature of Requirement: Section IV.A.1 of the HPRP Notice 
provides that HPRP financial assistance may not be used in 
connection with housing owned by the grantee, subgrantee, or the 
parent, subsidiary, or affiliated organization of the subgrantee.
    Date Granted: July 22, 2011.
    Reason Waived: The State of Maryland and Garrett County CAC 
sufficiently demonstrated that: (1) The use of the housing owned 
and/or managed by Garrett County CAC is necessary to provide an 
adequate supply of appropriate housing options for HPRP participants 
in Garrett County; (2) the State of Maryland and Garrett County CAC 
disclosed the conflict of interest; (3) HPRP participants would not 
be required or steered to live in housing owned and/or managed by 
Garrett County CAC in order to receive financial or other assistance 
under HPRP; and (4) other than a one-time payment of rent in 
arrears, Garrett County CAC would not provide HPRP rental assistance 
to any tenant who lives in a unit that receives ongoing assistance, 
or who receives tenant-based rental assistance, under any other 
program.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

     Requirement: Section IV.A.1 of the HPRP Notice.
    Project/Activity: The State of California, County of Alameda, 
City of Oakland, City of Alameda, City of Berkeley, City of Fremont, 
and City of Hayward requested the waiver to help individuals and 
families in Alameda County retain or obtain units in housing owned 
by an HPRP subgrantee or its subsidiary. The grantees and their 
subgrantees had partnered to implement a single, comprehensive, 
coordinated HPRP program in Alameda County. According to the 
grantees, the housing owned by the following subgrantees and one 
subsidiary organization was necessary to meet the high demand for 
affordable housing by individuals and families eligible for HPRP: 
Abode Services (HPRP subgrantee), Allied Housing (a subsidiary of 
Abode Services), Berkeley Food and Housing Project (HPRP 
subgrantee), and Building Futures with Woman and Children (HPRP 
subgrantee).
    Nature of Requirement: Section IV.A.1 of the HPRP Notice 
provides that HPRP financial assistance may not be used in 
connection with housing owned by the grantee, subgrantee, or the 
parent, subsidiary, or affiliated organization of the subgrantee.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 14, 2011.
    Reason Waived: The grantees sufficiently demonstrated that: (1) 
The conflict of interest for each subgrantee had been publicly 
disclosed; (2) HPRP participants would not be required or steered to 
live in housing owned by the subgrantees or subsidiary in order to 
receive financial or other assistance under HPRP; (3) other than a 
one-time payment of rent in arrears, HPRP rental assistance would 
not be provided to any tenant who lives in a unit that receives 
ongoing assistance, or who receives tenant-based rental assistance, 
under any other program; (4) no subgrantee would conduct an 
eligibility assessment for any individual or family housed in units 
owned by that subgrantee or its subsidiary; and (5) no subgrantee 
would assess rent reasonableness of determine the amount or length 
of the rent subsidy for housing owned by that subgrantee or its 
subsidiary.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7262, Washington, DC 20410, telephone (202) 708-4300.

     Requirements: Section IV.A.1 of the HPRP Notice.
    Project/Activity: The U.S. Virgin Islands requested the waiver 
so that HPRP funds could be used to assist individuals and families 
in housing owned by the Virgin Islands Housing Finance Agency 
(VIHFA) and its subsidiary Virgin Islands Housing Management, Inc. 
(VIHM).
    Nature of Requirement: Section IV.A.1 of the HPRP Notice 
provides that HPRP financial assistance may not be used in 
connection with housing owned by the grantee, subgrantee, or the 
parent, subsidiary, or affiliated organization of the subgrantee.
    Granted by: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 29, 2011.
    Reason Waived: The U.S. Virgin Islands sufficiently demonstrated 
that: (1) The use of HPRP funds to pay rent or utilities in arrears 
in housing owned by VIHFA and VIHM is necessary to prevent eligible 
households from becoming homeless; (2) VIHFA and VIHM disclosed the 
conflict of interest; (3) HPRP participants would not be required or 
steered to live in VIHFA's or VIHM's housing in order to receive 
financial or other assistance under HPRP; (4) other than a one-time 
payment of the tenant's portion of rent in arrears, HPRP rental 
assistance would not be provided to any tenant who lives in a unit 
that receives ongoing assistance, or who receives tenant-based 
rental assistance, under any other program; and (5) initial 
assessment and review of each applicant's eligibility, assistance 
needs, and rent reasonableness would be conducted by organizations 
other than VIHFA and VIHM.
    Contact: Ann M. Oliva, Director, Office of Special Needs 
Assistance Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 7262, Washington, DC 20410, 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 203.4(b).
    Project/Activity: FHA Single Family Mortgage Insurance Program, 
Washington, DC.

[[Page 78679]]

    Nature of Requirement: HUD's regulation at 24 CFR 203.4(b) 
requires that mortgagees seeking Lender Insurance authority have an 
acceptable claim and default record for at least two years. This 
regulation makes new mortgagees created from mergers, acquisitions 
and reorganizations, including changes and transfers among corporate 
parents and subsidiaries, ineligible for Lender Insurance, even when 
the former mortgagee entity or entities had Lender Insurance 
authority.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 9, 2011.
    Reason Waived: Lender Insurance provides benefits and cost 
savings to both mortgagees and HUD. By waiving this requirement an 
expanded number of mortgagees with a demonstrated successful record 
in the Lender Insurance program may participate in the program. HUD 
is currently amending the regulation at 24 CFR 203.4(b) to 
specifically allow mortgagees created through corporate 
acquisitions, mergers and reorganizations to qualify for the Lender 
Insurance program.
    Contact: Philip Caulfield, Home Mortgage Insurance Division, 45, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Monarch Place Apartments, Marion, OH, Project 
Number: 043-HD057/OH16-Q091-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: July 27, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Charles Place Apartments, Rushville, IL, 
Project Number: 072-EE178/IL06-S091-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 10, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Commonwealth Apartments, Loves Park, IL, 
Project Number: 071-HD169/IL06-Q091-011.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 19, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hudson House, Bronx, NY, Project Number: 012-
EE376/NY36-S091-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 23, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Boehme Hinni Apartments, Cape Girardeau, MO,
    Project Number: 085-HD054/MO36-Q091-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Stella Linney House, Wilburton, OK, Project 
Number: 118-HD039/OK56-Q091-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 22, 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 7th Street SW., Room 6142, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Woodburne 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: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: July 1, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resubmit their application to secure funding for Low Income 
Housing Tax Credits through the Kentucky Housing Corporation 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Hudson Disabled Housing, Hudson, WI, Project 
Number: 075-HD094/WI39-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: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: July 1, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.


[[Page 78680]]


     Regulation: 24 CFR 891.165.
    Project/Activity: Markham Gardens, Staten Island, NY,
    Project Number: 012-EE370/NY36-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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: July 1, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: TBD, Westerly, RI, And Project Number: 016-
HD055/RI43-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: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: July 8, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be submitted and processed 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 7th Street SW., Room 6142, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Hale Mahaolu Ehiku, Phase II, Kihei, HI, 
Project Number: 140-EE035/HI10-S051-002.
    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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: July 8, 2011.
    Reason Waived: Additional time was needed to finalize the 
Declaration of Covenants, Conditions and Restrictions and other 
closing documents for this mixed finance project.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant
    Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6142, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Incor Two, Muskogee, OK, Project Number: 118-
HD038/OK56-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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 1, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment to be issued 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Rock Ridge Apartments, McAlester, OK, Project 
Number: 118-HD037/OK56-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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 3, 2011.
    Reason Waived: Additional time was needed for the sponsor/owner 
to finalize the development plans 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Gautier VOA Senior Housing, Inc., Project 
Number: 065-EE051/MS26-S091-001.
    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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 15, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Picayune VOA Senior Housing, Inc., Project 
Number: 065-EE052/MS26-S091-002.
    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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 17, 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: AHEPA 63, Tallmadge, OH, Project Number: 042-
EE218/OH12-S071-004.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: August 31, 2011.
    Reason Waived: Additional time was needed to process the firm 
commitment application 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Mary Rose Estates Apartments, Willoughby, OH, 
Project Number: 042-EE208/OH12-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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 2, 2011.
    Reason Waived: Additional time was needed to resolve the zoning 
litigation, the site change and cost increases issues 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, 4517th 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

[[Page 78681]]

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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 9, 2011.
    Reason Waived: Additional time was needed for this mixed finance 
project to finalize the bond issues 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kelsey Village Apartments (aka Querencia 
Place, 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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 29, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be submitted and processed 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 7th Street SW., Room 6142, 
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: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: September 30, 2011.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed 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 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.830(c)(4).
    Project/Activity: Allen by the Bay Senior Housing, Queens, NY, 
Project Number: 012-EE368/NY36-S081-004.
    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: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: July 26, 2011.
    Reason Waived: While HUD generally expects the capital advance 
funds to be drawn in one-to-one ratio for eligible costs actually 
incurred, HUD acknowledges that, at times, some variance from the 
drawdown requirements may be needed for the success of the project. 
For this project, the waiver was granted to permit the capital 
advance to be used to collateralize the tax exempt bonds issued to 
finance the construction of the project and to pay off a portion of 
the tax-exempt bonds that strictly related to capital advance 
eligible costs.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.830(c)(4).
    Project/Activity: NCR Holy Trinity II (Mother Teresa Commons), 
Bedford Heights, OH, Project Number: 042-EE241/OH12-S091-004.
    Nature of Requirement: Section 891.830(c)(4) prohibits the 
capital advance funds from paying off bridge or construction 
financing, or repaying or collateralizing bonds.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 5, 2011.
    Reason Waived: While HUD generally expects the capital advance 
funds to be drawn in one-to-one ratio for eligible costs actually 
incurred, HUD acknowledges that, at times, some variance from the 
drawdown requirements may be needed for the success of the project. 
For this project, the waiver was granted to permit the capital 
advance to be used to collateralize the tax exempt bonds issued to 
finance the construction of the project and to pay off a portion of 
the tax-exempt bonds that strictly related to capital advance 
eligible costs.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.830(c)(4).
    Project/Activity: Betmar Village, Atlanta, GA, Project Number: 
061-EE176/GA06-S091-007.
    Nature of Requirement: Section 891.830(c)(4) prohibits the 
capital advance funds from paying off bridge or construction 
financing, or repaying or collateralizing bonds.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 31, 2011.
    Reason Waived: While HUD generally expects the capital advance 
funds to be drawn in one-to-one ratio for eligible costs actually 
incurred, HUD acknowledges that, at times, some variance from the 
drawdown requirements may be needed for the success of the project. 
For this project, the waiver was granted to permit the capital 
advance to be used to collateralize the tax exempt bonds issued to 
finance the construction of the project and to pay off a portion of 
the tax-exempt bonds that strictly related to capital advance 
eligible costs.
    Contact: Aretha Williams, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Room 6142, 
Washington, DC 20410-8000, telephone (202) 708-3000.

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

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

     Regulation: 24 CFR 5.801(d)(1).
    Project/Activity: Oakland Housing Authority, (CA003), Oakland, 
CA.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing
    Date Granted: August 12, 2011.
    Reason Waived: The HA contends that as a result of a HUD Office 
of the Inspector General Investigation, additional time was needed 
to submit its fiscal year end (FYE) June 30, 2010, audited financial 
information. An initial waiver request dated March 17, 2011, was 
granted with a June 30, 2011, financial submission due date. 
Granting the waiver would provide additional time to allow the 
financial data schedule to be adequately completed and for inputting 
the June 30, 2010, audited financial information into the Financial 
Assessment Subsystem (FASS) on-line system. However, this FASS 
audited submission waiver (extension) does not apply to Circular A-
133 submissions to the Federal Audit Clearinghouse. The HA is 
required to meet the A-133 due dates.
    Contact: Johnson Abraham, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8583.

     Regulation: 24 CFR 902.20.
    Project/Activity: Bladenboro Housing Authority, (NC089), 
Bladenboro, NC.
    Nature of Requirement: The objective of this regulation is to 
determine whether a housing authority (HA) is meeting the standard 
of decent, safe, sanitary, and in good repair. The Real Estate 
Assessment Center (REAC) provides for an independent physical 
inspection of a HA's property of properties that includes a 
statistically valid sample of the units.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing

[[Page 78682]]

    Date Granted: September 8, 2011.
    Reason Waived: The housing authority (HA) sustained extensive 
wind and hail damage due to a tornado. The HA contends that a 
physical inspection at this time would unduly penalize the HA and 
adversely affect its Public Housing Assessment Score. The reporting 
requirements were waived to give the HA the necessary time to tend 
to any damage caused by the storm.
    Contact: Johnson Abraham, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 550 12th Street SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8583.

     Regulation: 24 CFR 982.312.
    Project/Activity: Bellingham/Whatcom County Housing Authority 
(BWCHA), Bellingham, WA.
    Nature of Requirement: 24 CFR 982.312 prohibits the family from 
being absent from the unit for more than 180 consecutive days.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: August 12, 2011.
    Reason Waived: The family participated in the Homeownership 
Option under the voucher program. The head of household was called 
for active duty in the United States Navy. Granting a waiver 
prevented a default of the housing loan and unnecessary hardship on 
the family.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
    Project/Activity: Placios Housing Authority (PHA), Placios, TX.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(d) 
states that HUD may consider and approve a public housing agency's 
establishment of a payment standard lower than the basic range, but 
that HUD will not approve a lower payment standard if the family 
share for more than 40 percent of participants in the agency's 
voucher program exceeds 30 percent of adjusted monthly income. HUD's 
regulation 24 CFR 982.505(c)(3) states that, if the amount on the 
payment standard schedule is decreased during the term of the 
housing assistance payments (HAP) contract, the lower payment 
standard amount generally must be used to calculate the monthly HAP 
for the family beginning on the effective date of the family's 
second regular reexamination following the effective date of the 
decrease.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: July 13, 2011.
    Reason Waived: This waiver was granted because these cost-saving 
measures would enable the PHA to manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination 
of HAP contracts due to insufficient funding.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Tennessee Housing Development Agency (THDA), 
Nashville, TN.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) 
states that, if the amount on the payment standard schedule is 
decreased during the term of the housing assistance payments (HAP) 
contract, the lower payment standard amount generally must be used 
to calculate the monthly HAP for the family beginning on the 
effective date of the family's second regular reexamination 
following the effective date of the decrease.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: July 13, 2011.
    Reason Waived: This waiver was granted because this cost-saving 
measure would enable the THDA to manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination 
of HAP contracts due to insufficient funding.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Metropolitan Development and Housing Agency 
(MDHA), Nashville, TN.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) 
states that, if the amount on the payment standard schedule is 
decreased during the term of the housing assistance payments (HAP) 
contract, the lower payment standard amount generally must be used 
to calculate the monthly HAP for the family beginning on the 
effective date of the family's second regular reexamination 
following the effective date of the decrease.
    Granted by: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: July 18, 2011.
    Reason Waived: This waiver was granted because this cost-saving 
measure would enable the MDHA to manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination 
of HAP contracts due to insufficient funding.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Danbury Housing Authority (DHA), Danbury, CT.
    Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3) 
states that, if the amount on the payment standard schedule is 
decreased during the term of the housing assistance payments (HAP) 
contract, the lower payment standard amount generally must be us