Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2011, 14817-14828 [2012-6050]
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
with the provisions set forth in section
552b(c)(6), Title 5 U.S.C., as amended
for the review, discussion, and
evaluation of individual intramural
programs and projects conducted by the
National Institute of Dental &
Craniofacial Research, including
consideration of personnel
qualifications and performance, and the
competence of individual investigators,
the disclosure of which would
constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Board of Scientific
Counselors, National Institute of Dental and
Craniofacial Research,
Date: May 30–June 1, 2012.
Time: May 30, 2012, 7 p.m. to 10 p.m..
Agenda: To review and evaluate personal
qualifications and performance, and
competence of individual investigators.
Place: National Institutes of Health,
Building 30, 30 Center Drive, 117, Bethesda,
MD 20892.
Time: May 31, 2012, 8 a.m. to
adjournment.Agenda: To review and evaluate
personal qualifications and performance, and
competence of individual investigators.
Place: National Institutes of Health,
Building 30, 30 Center Drive, 117, Bethesda,
MD 20892
Contact Person: Alicia J. Dombroski, Ph.D.,
Director, Division of Extramural Activities,
Natl Inst of Dental and Craniofacial Research,
National Institutes of Health, Bethesda, MD
20892.
Information is also available on the
Institute’s/Center’s home page: https://
www.nidcr.nih.gov/about/
Council_Committees.asp, where an agenda
and any additional information for the
meeting will be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.121, Oral Diseases and
Disorders Research, National Institutes of
Health, HHS)
Dated: March 7, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 2012–6017 Filed 3–12–12; 8:45 a.m.]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
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Citizenship and Immigration Services
Agency Information Collection
Activities: Form I–829, Extension of a
Currently Approved Information
Collection; Comment Request
60-Day Notice of Information
Collection Under Review: Form I–829,
Petition by Entrepreneur to Remove
Conditions.
ACTION:
The Department of Homeland
Security, U.S. Citizenship and
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Immigration Services (USCIS) will be
submitting the following information
collection request for review and
clearance in accordance with the
Paperwork Reduction Act of 1995. The
information collection notice is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
60 days until May 14, 2012.
During this 60-day period, USCIS will
be evaluating whether to revise the
Form I–829. Should USCIS decide to
revise Form I–829, we will advise the
public when we publish the 30-day
notice in the Federal Register in
accordance with the Paperwork
Reduction Act. The public will then
have 30 days to comment on any
revisions to the Form I–829.
Written comments and suggestions
regarding items contained in this notice,
and especially with regard to the
estimated public burden and associated
response time should be directed to the
Department of Homeland Security
(DHS), USCIS, Chief, Regulatory
Products Division, Office of the
Executive Secretariat, 20 Massachusetts
Avenue NW., Washington, DC 20529–
2020. Comments may also be submitted
to DHS via facsimile to 202–272–0997
or via email at
uscisfrcomment@dhs.gov. When
submitting comments by email please
add the OMB Control Number 1615–
0045 in the subject box.
Note: The address listed in this notice
should only be used to submit comments
concerning this information collection.
Please do not submit requests for individual
case status inquiries to this address. If you
are seeking information about the status of
your individual case, please check ‘‘My Case
Status’’ online at: https://egov.uscis.gov/cris/
Dashboard.do, or call the USCIS National
Customer Service Center at 1–800–375–5283.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information should address one or more
of the following four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
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electronic, mechanical, or other
technological collection techniques, or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of an existing information
collection.
(2) Title of the Form/Collection:
Petition by Entrepreneur to Remove
Conditions.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–829.
U.S. Citizenship and Immigration
Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals and
households. This form is used by a
conditional resident alien entrepreneur
who obtained such status through a
qualifying investment, to apply to
remove conditions on his or her
conditional residence, and on the
conditional residence for his or her
spouse and children(s).
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 441 responses at 1 hour and 5
minutes (1.08 hours) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 476 annual burden hours.
We may also be contacted at: USCIS,
Regulatory Products Division, Office of
the Executive Secretariat, 20
Massachusetts Avenue NW., Room
5012, Washington, DC 20529–2020,
Telephone number 202–272–8377.
March 8, 2012.
Sunday A. Aigbe,
Chief, Regulatory Products Division, Office
of the Executive Secretariat, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2012–6013 Filed 3–12–12; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5529–N–04]
Notice of Regulatory Waiver Requests
Granted for the Fourth Quarter of
Calendar Year 2011
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
Section 106 of the Department
of Housing and Urban Development
SUMMARY:
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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 October
1, 2011, and ending on December 31,
2011.
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 fourth 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;
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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
October 1, 2011 through December 31,
2011. For ease of reference, the waivers
granted by HUD are listed by HUD
program office (for example, the Office
of Community Planning and
Development, the Office of Fair Housing
and Equal Opportunity, the Office of
Housing, and the Office of Public and
Indian Housing, etc.). Within each
program office grouping, the waivers are
listed sequentially by the regulatory
section of title 24 of the Code of Federal
Regulations (CFR) that is being waived.
For example, a waiver of a provision in
24 CFR part 58 would be listed before
a waiver of a provision in 24 CFR part
570.
Where more than one regulatory
provision is involved in the grant of a
particular waiver request, the action is
listed under the section number of the
first regulatory requirement that appears
in 24 CFR and that is being waived. For
example, a waiver of both § 58.73 and
§ 58.74 would appear sequentially in the
listing under § 58.73.
Waiver of regulations that involve the
same initial regulatory citation are 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 fourth quarter of calendar year
2011) before the next report is published
(the first quarter of calendar year 2012),
HUD will include any additional
waivers granted for the fourth quarter in
the next report.
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Accordingly, information about
approved waiver requests pertaining to
HUD regulations is provided in the
Appendix that follows this notice.
Dated: March 6, 2012.
Helen R. Kanovsky,
General Counsel.
APPENDIX
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development October 1, 2011 Through
December 31, 2011
Note to Reader: More information about
the granting of these waivers, including a
copy of the waiver request and approval, may
be obtained by contacting the person whose
name is listed as the contact person directly
after each set of regulatory waivers granted.
The regulatory waivers granted appear in
the following order:
I. Regulatory waivers granted by the Office
of Community Planning and Development.
II. Regulatory waivers granted by the Office
of Housing.
III. Regulatory waivers granted by the
Office of Public and Indian Housing.
I. Regulatory Waivers Granted by the Office
of Community Planning and Development
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 91.115(c)(2).
Project/Activity: The State of New York
requested a waiver of HUD regulation at 24
CFR 91.115(c)(2), which requires the citizen
participation plan to provide a period not
less than 30 days, to receive comments on the
substantial amendment of the State’s
Consolidated Plan. The waiver would allow
the State to reduce the comment period and
expeditiously implement amendments to its
Method of Distribution, and hence assist
jurisdictions affected by Hurricane Irene and
Tropical Storm Lee. A federal disaster
declaration was issued for most jurisdictions
in the State of New York on August 31, 2011.
Nature of Requirement: 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 State’s
Consolidated Plan.
´
Granted by: Mercedes Marquez, Assistant
Secretary for Community Planning and
Development.
Date Granted: October 4, 2011.
Reason Waived: HUD determined that a
reduced public comment period from 30 to
7 days would allow the State of New York
to implement the amendment to its 2011
Method of Distribution and annual action
plan and enable the State to provide
assistance to affected local governments in a
timely manner.
Contact: Steve Rhodeside, Director, State
and Small Cities Division, Office of Block
Grant Assistance, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
Seventh Street SW., Room 7184, Washington,
DC 20410, telephone (202) 402–7375.
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• Regulations: 24 CFR 92.2
Project/Activity: Charlottesville
Consortium, Virginia, VA requested that
HUD waive the definition of homeownership
set forth at 24 CFR 92.2 to enable Fluvanna/
Louisa Housing Foundation to provide
homeowner rehabilitation assistance to a
two-person household that did not meet the
definition of homeownership.
Nature of Requirements: The HOME
Investment Partnerships (HOME) program
regulations at 24 CFR 92.2 defines
homeownership as ‘‘ownership in fee simple
title or a 99 year leasehold interest in a oneto four-unit dwelling or in a condominium,
or equivalent form of ownership approved by
HUD.’’
´
Granted by: Mercedes Marquez, Assistant
Secretary for Community Planning &
Development.
Date Granted: October 14, 2011.
Reasons Waived: The waiver request
information disclosed that one occupant of
the household is mentally disabled and has
an ownership interest through a trust, of
which the individual is the sole beneficiary.
Both the land and improvements are held by
the trust, which is managed by a courtappointed attorney. The occupants qualify as
a low-income household. HUD granted the
waiver so that the disabled, low-income
household would not have to continue to live
in severely substandard conditions.
Contact: Virginia Sardone, Deputy
Director, Office of Affordable Housing, Office
of Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW., Room
7164, Washington, DC 20410, telephone (202)
708–2684.
• Regulation: 24 CFR 570.486(a)(5).
Project/Activity: The State of New York
requested a waiver of HUD’s Community
Development Block Grant (CDBG) regulation
at 24 CFR 570.486(a)(5),which addresses
citizen public hearings. The waiver request
stated that granting of the waiver would give
the State some flexibility in addressing the
needs of communities affected by Hurricane
Irene and Tropical Storm Lee. A federal
disaster was issued for most jurisdictions in
the State of New York on August 31, 2011.
Nature of Requirement: The CDBG
regulation at 24 CFR 570.486(a)(5) requires
each unit of general local government to
provide a minimum of two public hearings,
at different stages of the program, for the
purpose of obtaining citizens’ views and
responding to proposals and questions.
´
Granted by: Mercedes Marquez, Assistant
Secretary for Community Planning and
Development.
Date Granted: October 4, 2011.
Reason Waived: This waiver was
determined necessary because, given the
unexpected nature of the disaster, the waiver
would allow the State of New York to
address the needs and expenses of
communities as they recover from the effects
of the hurricane and tropical storm in a more
timely manner.
Contact: Steve Rhodeside, Director, State
and Small Cities Division, Office of Block
Grant Assistance, Office of Community
Planning and Development, Department of
Housing and Urban Development, 451
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Seventh Street SW., Room 7184, Washington,
DC 20410, telephone (202) 402–1322.
• Regulation: 24 CFR 574.330(b)(1) and
(b)(2).
Project/Activity: The Downtown
Emergency Service Center (DESC), a
competitive grant recipient in Seattle, WA,
under the Housing Opportunities for Persons
With AIDS (HOPWA) requested a waiver of
the HOPWA short-term supported housing
regulation to continue the provision of
emergency shelter housing assistance to
homeless men with challenging mental
health issues. At the time of the waiver
request, DESC was assisting 60 households in
their short-term emergency housing facility,
which is over the maximum 50 households
allowed by HOPWA regulation.
Nature of Requirement: The HOPWA
regulation at 24 CFR 574.330(b)(1) and (b)(2)
address short-term supported housing and
states that ‘‘A short-term supported facility
may not provide shelter or housing at any
single time for more than 50 families or
individuals.’’
´
Granted by: Mercedes Marquez, Assistant
Secretary for Community Planning and
Development.
Date Granted: December 1, 2011.
Reason Waived: It was determined that the
unavailability of other reasonable critical
short-term emergency housing options within
close proximity of this facility was an
impediment to identifying other housing
options for homeless individuals with
challenging mental health issues. Based on a
continuing need that has resulted in two
previous waiver request approvals, this
waiver was granted for the duration of
DESC’s three year period which concludes on
August 31, 2013.
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, telephone (202)
708–1590.
• Neighborhood Stabilization Program 3
Notice, published on October 19, 2010, at 75
FR 64333 (II.H.3.F), issued under the heading
Community Planning and Development:
Community Development Fund of title XII of
Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–
5, approved February 17, 2009).
Project/Activity: Genesee County, Michigan
requested a waiver of the 10 percent
demolition cap under the Neighborhood
Stabilization Program (NSP) which restricts
grantees from spending more than 10 percent
of total grant funds on demolition activities.
Genesee County, requested a waiver to spend
$532,644 or approximately twenty percent of
its NSP3 allocation on demolition of blighted
structures.
Nature of Requirement: Section II.H.3.F of
the NSP3 Notice provides that a grantee may
not use more than ten percent of its grant for
demolition activities.
´
Granted by: Mercedes Marquez, Assistant
Secretary for Community Planning and
Development.
Date Granted: October 25, 2011.
Reason Waived: The County provided
statistical data evidencing high vacancy and
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abandonment rates due to significant
population and job loss. The County
explained that there are a high number of
properties requiring immediate demolition to
remove safety hazards and the destabilizing
influence of the blighted properties. With the
additional funds to use towards demolition,
the County expected to demolish an
estimated 235 residential units. On the basis
of this information, the waiver was granted.
Contact: Jessie Handforth Kome, Deputy
Director, Office of Block Grant Assistance,
Office of Community Planning and
Development, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 7286, Washington, DC 20410,
telephone (202) 402–5539.
II. Regulatory Waivers Granted by the Office
of Housing—Federal Housing
Administration (FHA)
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 203.37a(b)(2).
Project/Activity: Extension of Temporary
Exemption from Compliance with FHA’s
Regulation on Property Flipping, published
on December 28, 2011 at 76 FR 81363.
Nature of Requirement: The regulation
prohibits the use of FHA financing to
purchase single family properties that are
being resold within 90 days of the previous
acquisition.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 22, 2011.
Reason Waived: With the home foreclosure
rate remaining high across the nation, a
temporary waiver of this regulation on a
nationwide basis, subject to certain
conditions, may contribute to stabilizing real
estate prices and neighborhoods that have
been heavily impacted by foreclosures, and
may facilitate the sale and occupancy of
foreclosed homes that have been
rehabilitated by making the mortgages of
such homes eligible for FHA mortgage
insurance.
Contact: Karin B. Hill, Director, Office of
Single Family Program Development, Office
of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 9278, Washington, DC 20410,
telephone (202) 708–2121.
• Regulation: 24 CFR 219.220(b).
Project/Activity: Northgate and Greenfield
Apartments, Burlington, Vermont—FHA
Project Numbers 026–55001 and 026–55002.
The owner of the property was in the
position of being unable to repay the Flexible
Subsidy Operating Assistance Loan without
dire consequences to the property and
residents that reside there.
Nature of Requirement: HUD’s regulations
at 24 CFR 219.220(b) governs the repayment
of operating assistance provided under the
Flexible Subsidy Program for Troubled
Projects prior to May 1, 1996 states:
‘‘Assistance that has been paid to a project
owner under this subpart must be repaid at
the earlier of the expiration of the term of the
mortgage, termination of mortgage insurance,
prepayment of the mortgage, or a sale of the
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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: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: November 1, 2011.
Reason Waived: HUD granted the waiver,
which allowed the owner to defer repayment
of the Flexible Subsidy Loans, merge the
Northgate and Greenfield properties into a
single piece of real estate, combine Section
8 Housing Assistance Payment (HAP)
contracts, combine Flexible Subsidy Loans,
and redevelop the existing projects. In
connection with the granting of the waiver,
a Rental Use Agreement was recorded
extending the affordability of the project for
40 years, the terms of the new financing.
Contact: Marilyn M. Edge, Acting Director,
Office of Asset Management, Office of
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room
6136, Washington, DC 20410, telephone (202)
708–2654.
• Regulation: 24 CFR 219.220(b).
Project/Activity: Woodledge/Morrant Bay,
Dorchester, Massachusetts—FHA Project
Number 023–005–NI. The owner/managing
agent requested a deferral of repayment of the
Flexible Subsidy Operating Assistance Loan
in order to redevelop the existing project.
Nature of Requirement: HUD’s regulations
at 24 CFR 219.220(b) governs the repayment
of operating assistance provided under the
Flexible Subsidy Program for Troubled
Projects prior to May 1, 1996 states:
‘‘Assistance that has been paid to a project
owner under this subpart must be repaid at
the earlier of the expiration of the term of the
mortgage, termination of these actions would
typically terminate FHA involvement with
the property, and the Flexible Subsidy loan
would be repaid, in whole, at that time.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: October 31, 2011.
Reason Waived: The property owner was
granted their request to defer repayment of
the Flexible Subsidy loan as part of a
proposal to redevelop the existing project.
Granting the waiver allowed for the
recapitalization of the project, restoring the
original total of 129 units, with the same mix
of unit sizes. The purchase and rehabilitation
of the project is to be funded using LowIncome Housing Tax Credit equity, a new
Risk Sharing mortgage, and other sources. In
connection with the granting of the waiver,
a new Rental Agreement was recorded,
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., Room
6136, Washington, DC 20410, telephone (202)
708–2654.
• Regulation: 24 CFR 236.725.
Project/Activity: Roberto Clemente Plaza
a.k.a. Kent Village, Brooklyn, New York—
FHA Project Number 012–167NI. The owner/
management agent requested waiver of the
regulation to permit the continuation of
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Rental Assistance Payments after the payoff
of the non-insured Section 236 mortgage
under a Section 236(e)(2) Decoupling
transaction.
Nature of Requirement: HUD regulations at
24 CFR 236.725 require that the rental
assistance contract shall be limited to the
term of the mortgage or 40 years from the
date of the first payment made under the
contract, whichever is the lesser.
Granted By: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: October 14, 2011.
Reason Waived: This waiver was granted to
allow the project to continue receiving Rental
Assistance Payments and avoid termination
of tenant subsidy when the owner repays the
mortgage as part of the decoupling process.
The project is being processed under the
Section 236 Decoupling program which
states that the project may refinance its
Section 236 insured mortgage and continue
to receive the Section 236 Interest Reduction
Payment subsidy, predicated on the project
entering into a recorded Use Agreement. This
Use Agreement will restrict the project’s
operation under the Section 236 program
requirements until the maturity date of the
original noninsured Section 236 mortgage
plus an additional five years. As a result, the
534 units at the property will also undergo
substantial rehabilitation. The project is to be
maintained as an affordable housing resource
for current and future residents of this
neighborhood.
Contact: Marilyn M. Edge, Acting Director,
Office of Asset Management, Office of
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room
6l60, Washington, DC 20410, telephone (202)
708–2654.
• Regulation: 24 CFR 232.3.
Project/Activity: The Villas at La Canada is
a 100 percent high acuity assisted living
facility located in Tucson, Arizona.
Nature of Requirement: HUD’s regulation
at 24 CFR 232.3 mandates in a board and care
home or assisted living facility that the not
less than one full bathroom must be provided
for every four residents. Also, the bathroom
cannot be accessed from a public corridor or
area.
Granted By: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: The waiver was granted
because of the specific clientele served by the
Villas at La Canada, high acuity residents,
many residents need assistance with bathing
and present special circumstances that do not
exist in a traditional assisted living facility.
In terms of the existing buildings, the
‘‘hallways’’ which the residents in each
building must cross in order to bathe are not
located in an area that will be frequented by
anyone other than staff or other residents.
Contact: Vance T. Morris, Special
Assistant, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 2337, Washington, DC 20410,
telephone (202) 402–1672.
• Regulation: 24 CFR 232.3.
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Project/Activity: Heritage Green Daybreak
is a 60 bed assisted living facility located in
Lynchburg, Virginia.
Nature of Requirement: HUD’s regulation
at 24 CFR 232.3 mandates in a board and care
home or assisted living facility that the not
less than one full bathroom must be provided
for every four residents. Also, the bathroom
cannot be accessed from a public corridor or
area.
Granted By: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: HUD granted the waiver
because the lender informed the Office of
Healthcare Programs that subsequent to
obtaining 232/223(f) insurance from the
Federal Housing Administration (FHA), an
expansion project would be commenced
using HUD’s authority under section 241(a)
of the National Housing Act (12 U.S.C.
1715z–6). This expansion will add 10
additional full bathrooms in the facility,
thereby, reducing the resident to full
bathroom ratio to 4:1. In terms of the existing
buildings, the ‘‘hallways’’ which the
residents on each floor must cross in order
to bathe are not located in an area that will
be frequented by anyone other than staff or
other residents.
Contact: Vance T. Morris, Special
Assistant, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 2337, Washington, DC 20410,
telephone (202) 402–1672.
• Regulation: 24 CFR 232.3
Project/Activity: Heritage Green at Hanover
is a 64 bed assisted living facility located at
Mechanicsville, Virginia.
Nature of Requirement: HUD’s regulation
at 24 CFR 232.3 mandates in a board and care
home or assisted living facility that the not
less than one full bathroom must be provided
for every four residents. Also, the bathroom
cannot be accessed from a public corridor or
area.
Granted By: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: HUD granted the waiver
because the lender informed the Office of
Healthcare Programs that subsequent to
obtaining 232/223(f) insurance from FHA, an
expansion project would be commenced
using HUD’s authority under section 241(a)
of the (12 U.S.C. 1715z–6). This expansion
will add 10 additional full bathrooms in the
facility, thereby, reducing the resident to full
bathroom ratio to 4:1. In terms of the existing
buildings, the ‘‘hallways’’ which the
residents on each floor must cross in order
to bathe are not located in an area that will
be frequented by anyone other than staff or
other residents.
Contact: Vance T. Morris, Special
Assistant, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 2337, Washington, DC 20410,
telephone (202) 402–1672.
• Regulation: 24 CFR 232.3.
Project/Activity: Hilton East Assisted
Living serves 178 residents within the 140
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room facility and is located in Hilton, New
York.
Nature of Requirement: HUD’s regulation
at 232.3 mandates in a board and care home
or assisted living facility that the not less
than one full bathroom must be provided for
every four residents. Also, the bathroom
cannot be accessed from a public corridor or
area.
Granted By: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner
Date Granted: December 20, 2011.
Reason Waived: HUD granted the waiver
because Hilton East’s full bathroom ratio was
determined acceptable, because the frail
elderly residents are assisted with their
bathing by caregivers for safety purposes. To
access the shower and tub bathing areas, the
residents must exit their rooms and walk
down the common hallway shared with the
other residents in the sleeping area.
Contact: Vance T. Morris, Special
Assistant, Office of Healthcare Programs,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW., Room 2337, Washington, DC 20410,
telephone (202) 402–1672.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Rock Ridge Apartments,
McAlester, OK; Project Number: 118–HD037/
OK56–Q081–001.
Nature of Requirement: Section 891.100(d)
prohibits amendment of the amount of the
approved capital advance funds prior to
closing.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: November 2, 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Mojave Cedar Supportive
Housing, Inc., Las Vegas, NV; Project
Number: 125–HD077/NV25–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: November 8, 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
6134, Washington, DC 20410, telephone (202)
708–3000.
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• Regulation: 24 CFR 891.100(d).
Project/Activity: Leeway Welton
Apartments, New Haven, CT; Project
Number: 017–HD041/CT26–Q071–002.
Nature of Requirement: Section 891.100(d)
prohibits amendment of the amount of the
approved capital advance funds prior to
closing.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 6, 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.100(d).
Project/Activity: Incor Two, Muskogee, OK;
Project Number: 118–HD038/OK56–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: Carol J. Galante, Acting
Assistant Secretary for Housing–Federal
Housing Commissioner.
Date Granted: December 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 Seventh Street SW., Room
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Roeser Haciendas Senior
Housing, Phoenix, AZ; Project Number: 123–
EE107/AZ20–S081–001.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 3, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to complete
the archeological review process, submit the
firm commitment application 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
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14821
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: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was
needed for the initial closing package to be
reviewed and for the project to achieve an
initial closing.
Contact: 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Villa Davis (fka Triple R
Behavioral Health), Phoenix, AZ; Project
Number: 123–HD044/AZ20–Q081–001.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to secure
additional funds to cover a significant
shortfall 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Liberty Resources 13,
Philadelphia, PA; Project Number: 034–
HD100/PA26–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: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was
needed 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
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Project/Activity: Northbrook Village II/
AKA Berlin, Berlin, MA; Project Number:
023–EE232/MA06–S081–007.
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: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was
needed for the required permits to be issued
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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Colter Commons, Phoenix,
AZ; Project Number: 123–EE109/AZ20–
S081–003.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to resolve
some issues with the firm commitment
application 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.,
Washington, DC 20410, 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: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was
needed for the firm commitment application
to be resubmitted and processed 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
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Project/Activity: Volunteers of America
National Services, Gary, IN; Project Number:
073–EE125/IN36–S081–003.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 19, 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 Seventh Street SW., Room
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Newbury Senior Housing,
Newbury, NH; Project Number: 024–EE120/
NH36–S081–006.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 26, 2011.
Reason Waived: Additional time was
needed due to litigation.
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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Lane Manor, Stone
Mountain, GA; Project Number: 061–EE166/
GA06–S081–002.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: October 26, 2011.
Reason Waived: Additional time was
needed to issue a 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 7th Street SW., Room
6134, Washington, DC 20410, 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
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reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: November 10, 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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Bridge Gardens aka Bridge
House II, Bronx, NY; Project Number: 012–
HD106/NY36–Q011–003.
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: November 18, 2011.
Reason Waived: Additional time was
needed for review of the closing documents
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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Benedict’s Place, Cherry
Hill, NJ; Project Number: 035–EE056/NJ39–
S081–003.
Nature of Requirement: Section 891.165
provides that the duration of 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: November 23, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to receive the
firm commitment and prepare the initial
closing package.
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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Shawnee Supportive
Housing, Shawnee, KS; Project Number: 084–
HD054/KS16–Q061–001.
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.
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Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: November 29, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to receive the
firm commitment and prepare the initial
closing package.
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
6134, Washington, DC 20410, 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: November 29, 2011.
Reason Waived: Additional time was
needed for the sponsor/owner to receive the
firm commitment and submit the initial
closing documents.
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
6134, Washington, DC 20410–8000,
telephone (202) 708–3000.
• Regulation: 24 CFR 891.165.
Project/Activity: Lane Manor, Lithonia, GA;
Project Number: 061–EE166/GA06–S081–
002.
Nature of Requirement: Section 891.165
provides that the duration of the fund
reservation of the capital advance is 18
months from the date of issuance with
limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: December 7, 2011.
Reason Waived: Additional time was
needed for the firm commitment to be issued
and for the initial closing package to be
submitted and processed.
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
6134, Washington, DC 20410, telephone (202)
708–3000.
• Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Dimmitt Woods, Batavia,
OH; Project Number: 046–EE100/OH10–
S091–002.
Nature of Requirement: Section
891.830(c)(4) requires that capital advance
funds are 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.
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Date Granted: December 20, 2011.
Reason Waived: HUD in its response to the
public comments in the final rule published
September 13, 2005 (70 FR 54210), stated,
‘‘while HUD generally expects the capital
advance funds to be drawn down in a oneto-one ratio for eligible costs actually
incurred, HUD may permit on a case-by-case
basis, some variance from the drawdown
requirements as needed for the success of the
project.’’ Therefore, the waiver was granted
to permit capital advance funds 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 relate 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 Seventh Street SW., Room
6134, Washington, DC 20410, telephone (202)
708–3000.
III. Regulatory Waivers Granted by the
Office of Public and Indian Housing
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority of the
City of Diboll, (TX229), Diboll, TX.
Nature of Requirement: HUD’s regulation
at 24 CFR 5.801(d)(1) establishes certain
reporting compliance dates. The audited
financial statements are required to be
submitted to the Real Estate Assessment
Center (REAC) no later than nine months
after the housing authority’s (HA) fiscal year
end (FYE), in accordance with the Single
Audit Act and OMB Circular A–133.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: The HA advised that its
auditor passed away during the audit
fieldwork and that its new auditor was not
able to meet the financial submission due
dates as a result of other audited submission
and income tax commitments. The HA
requested a waiver of the Late Presumptive
Failure (LPF) score of zero for the audited
financial submission. The waiver was
approved and provided additional time to
permit the audit documentation to be
completed and the financial statements to be
prepared and their entry of the March 31,
2010, audited financial information into Real
Estate Assessment Center’s online system.
However, this audited submission waiver
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 5.801(d)(1).
Project/Activity: Virgin Islands Housing
Authority, (VQ001), St. Thomas, VI.
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Nature of Requirement: HUD’s regulation
at 24 CFR 5.801(d)(1) establishes certain
reporting compliance dates. The audited
financial statements are required to be
submitted to the Real Estate Assessment
Center (REAC) no later than nine months
after the housing authority’s (HA) fiscal year
end (FYE), in accordance with the Single
Audit Act and OMB Circular A–133.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: The HA requested an
additional 60 days to submit its audited
financial information under the Financial
Assessment Subsystem (FASS) for fiscal year
end (FYE) December 31, 2010. The HA
advised that as a result of serious data
migration problems related to the conversion
to a new accounting system and an extensive
reorganization of the Finance Department,
the HA would not be able to submit their
fiscal year 2010 audit by the September 30,
2011, due date. Additionally, HUD was
advised that the HA’s audit firm had issues
with documentation and evidential support
of significant balances and transactions and
accounting knowledge of historical balances
and transactions, affecting the current year.
The waiver was approved and additional
time was provided to permit the HA in
conjunction with the auditor, to complete the
fiscal year 2010 audit. However, this audited
submission waiver 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 5.801(d)(1).
Project/Activity: Hartshorne/Haileyville
Housing Authority, (OK072), Hartshorne, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 5.801(d)(1) establishes certain
reporting compliance dates. The audited
financial statements are required to be
submitted to the Real Estate Assessment
Center (REAC) no later than nine months
after the housing authority’s (HA) fiscal year
end (FYE), in accordance with the Single
Audit Act and OMB Circular A–133.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 5, 2011.
Reason Waived: The HA advised that as a
result of significant delays and missed due
dates by its auditor, the HA’s financial
statement audit (non-A–133) would not be
timely completed. The HA requested a
waiver of the audited financial submission
requirements for fiscal year end (FYE) June
30, 2010. Specifically, the HA requested an
additional 180 days to submit its FYE June
30, 2010, audited financial information. The
waiver was approved and additional time
was provided to permit the audit
documentation to be adequately completed.
Granting the waiver also allowed ample time
for drafting the financial statements and the
inputting of the audited financial information
into the on-line system. Since the HA is
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considered a small HA, comprised of
approximately 44 units, and has expended
approximately $118,000 in federal awards,
the HA was asked to consider selecting
unaudited/no audit for its unaudited
submission type. Specifically, an audited
submission is required when a HA expends
over $500,000 in federal awards or receives
audit costs as an audit add-on the 52723
Operating Subsidy form.
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 5.801(d)(1).
Project/Activity: Rochester Housing
Authority, (NY041), Rochester, NY.
Nature of Requirement: HUD’s regulation
at 24 CFR 5.801(d)(1) establishes certain
reporting compliance dates. The audited
financial statements are required to be
submitted to the Real Estate Assessment
Center (REAC) no later than nine months
after the housing authority’s (HA) fiscal year
end (FYE), in accordance with the Single
Audit Act and OMB Circular A–133.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: The HA requested a
waiver of the audited financial submission
under the Financial Assessment Subsystem
(FASS) for fiscal year end (FYE) September
30, 2010. The HA advised that it’s FASS
audited information was submitted timely,
but following a rejection by the FASS team,
the corrected information was not
resubmitted timely due to other processing
activity of the finance department.
Consequently, additional time was required
to resubmit the FYE September 30, 2010,
FASS audited submission. The waiver was
granted and allowed additional time for the
financial data schedule to be adequately
completed and for the inputting of the
corrected audited financial information into
REAC’s FASS on-line system. The HA was
required to resubmit its audited financial
information no later than October 15, 2011.
However, this FASS audited submission
waiver (extension) does not apply to Circular
A–133 submission to the Federal Audit
Clearing house.
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: South Pittsburgh Housing
Authority, (TN037), South Pittsburgh, TN.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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.
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Date Granted: October 5, 2011.
Reason Waived: The housing authority
(HA) experienced severe thunder storms with
straight line winds that caused major damage
to the HA’s properties. The Federal
Emergency Management Agency (FEMA)
announced that Marion County had been
declared a disaster area due to the storm. The
damages include roofs, framing structures,
weather heads, downed trees and extensive
brush. After the brush is cleared, major site
and property work will be required to repair
the damages to the site and grounds. The HA
advised that a physical inspection at this
time, would unduly penalize the HA and
adversely affect its Public Housing
Assessment System (PHAS) score. The
waiver was granted. Waiving the reporting
requirements provided the HA with 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 902.20.
Project/Activity: Housing Authority of the
City of Goldsboro, (NC015), Goldsboro, NC.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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.
Date Granted: October 19, 2011.
Reason Waived: On April 27, 2011, the
housing authority (HA) sustained extensive
damage throughout the HA’s inventory due
to Hurricane Irene. The HA’s properties
experienced substantial damage to roofs,
siding, fallen tree debris, and internal
damage to walls and ceilings due to leaking
roofs. The HA was able to repair some of the
damage, however, a great deal of roofing,
siding and general clean-up remains. The HA
advised that a physical inspection at this
time would unduly penalize the HA and
adversely affect its Public Housing
Assessment System score (PHAS). The
waiver was granted and provided the HA
with the necessary time to tend to any
damage caused by the storm. The HA will be
scheduled for its fiscal year 2012 inspection
at a later date, which will become the
baseline year of inspections under the PHAS
Interim Rule.
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: Jasper Housing Authority,
(AL012), Jasper, AL.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 is to
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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.
Date Granted: October 26, 2011.
Reason Waived: On April 27, 2011, the
housing authority (HA), along with other
counties in the State of Alabama was
declared disaster areas, as a result of
incurring severe tornado damages. The HA
suffered major damages and is currently
working with the insurance adjustor in an
effort to settle the damage claims. The HA
advised that a physical inspection at this
time, would unduly penalize the HA and
adversely affect its Public Housing
Assessment System (PHAS) score. The
waiver was granted and provided the HA the
necessary time to attend 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 902.20.
Project/Activity: Phil Campbell Housing
Authority, (AL090), Phil Campbell, AL
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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.
Date Granted: October 31, 2011.
Reason Waived: The Franklin County areas
along with other counties in the State of
Alabama were declared a disaster area on
April 29, 2011, as a result of incurring severe
tornado damage. The housing authority (HA)
suffered major damages. As a result, the HA
had to demolish 42 units, its office and
maintenance shop due to the tornado
damage. Since suffering damage to its
properties, the HA has been working with the
insurance adjustor in an effort to settle the
damage claim. The HA advised that a
physical inspection at this time, would
unduly penalize the HA and adversely affect
its Public Housing Assessment System
(PHAS) score. The waiver was granted
providing the HA with the necessary time to
attend 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 902.20.
Project/Activity: Housing Authority of
Leeds, (AL069), Leeds, AL.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 is to
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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.
Date Granted: December 30, 2011.
Reason Waived: On April 27, 2011, the
housing authority (HA), along with other
counties in the State of Alabama was
declared disaster areas, as a result of
incurring severe tornado damages. The HA
had many fallen trees that caused major
damage to its properties. The HA advised
that a physical inspection at this time, would
unduly penalize the HA and adversely affect
its Public Housing Assessment System
(PHAS) score. The waiver was granted
providing the HA with the necessary time to
attend 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 902.20.
Project/Activity: Housing Authority of the
City of Joplin, (M0188), Joplin, MO.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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.
Date Granted: December 30, 2011.
Reason Waived: On May 22, 2011, Joplin
Missouri was struck by a tornado, which
resulted in devastation throughout the city.
The HA suffered extensive damage to its
properties and its administrative offices. It
has been determined that 103 low-income
public housing units were completely
destroyed. The HA advised that a physical
inspection at this time, would unduly
penalize the HA and adversely affect its
Public Housing Assessment System (PHAS)
score. The waiver was granted providing the
HA with the necessary time to attend 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 902.20.
Project/Activity: Hackleburg Housing
Authority, (AL076), Guin, AL.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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
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property of properties that includes a
statistically valid sample of the units.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: On April 27, 2011, the
county that encompasses the housing
authority (HA) was declared a disaster area
as a result of incurring severe tornado
damage. The HA suffered major damage to its
properties. The HA advised that a physical
inspection at this time, would unduly
penalize the HA and adversely affect its
Public Housing Assessment System (PHAS)
score. The waiver was granted providing the
HA with the necessary time to attend 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 902.20.
Project/Activity: Rahway Housing
Authority, (NJ032), Rahway, NJ.
Nature of Requirement: The objective of
HUD’s regulation at 24 CFR 902.20 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 or properties that includes a
statistically valid sample of the units.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: On August 26, 2011,
Hurricane Irene caused severe damage in
New Jersey. There was significant flooding
and damage to the HA, as well as several
areas of New Jersey. As a direct result of the
hurricane, the HA evacuated 33 senior
citizen units. Restoration of the damaged
units is anticipated to be completed in the
beginning of 2012. The HA advised that a
physical inspection at this time, would
unduly penalize the HA and adversely affect
its Public Housing Assessment System
(PHAS) score. The waiver was granted
providing the HA with the necessary time to
attend to any damage caused by Hurricane
Irene.
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 941.606(n)(1)(ii).
Project/Activity: Boulevard Homes HOPE
VI Project, Charlotte, NC.
Nature of Requirement: HUD’s regulation
at 24 CFR 941.606(n)(1)(ii) requires public
housing agencies (PHAs) to certify that they
will use an open and competitive process to
select its partners. The provision requires
that ‘‘if the partner and/or owner entity (or
any other entity with an identity of interest
with such parties) wants to serve as the
general contractor for the project or
development, it may award itself the
construction contract only if it can
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14825
demonstrate to HUD’s satisfaction that its bid
is the lowest bid submitted in response to a
public request for bids.’’
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 25, 2011.
Reason Granted: The seamless assignment
of the Master Developer Agreement to Laurel
Street would allow the project to move
forward with no delays and no negative
impact on the project. HUD therefore found
good cause to waive 24 CFR 941.606(n)(1)(ii),
which allowed the Charlotte Housing
Authority to select Laurel Street without a
competitive process. HUD authorizes this
selection pursuant to the provisions of 24
CFR 85.36(d)(4)(i)(C), which allows
procurement by non-competitive proposal if
authorized by the awarding agency.
Contact: Dominique Blom, Deputy
Assistant Secretary, Office of Public Housing
Investments, Office and Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room
1430, Washington, DC 20410, telephone (202)
402–8500.
• Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Preserve at Fairground
Village, Gulfport, MS.
Nature of Requirement: HUD’s regulation
at 24 CFR 941.606(n)(1)(ii) requires PHAs to
certify that they will use an open and
competitive process to select its partners. The
provision requires that ‘‘if the partner and/or
owner entity (or any other entity with an
identity of interest with such parties) wants
to serve as the general contractor for the
project or development, it may award itself
the construction contract only if it can
demonstrate to HUD’s satisfaction that its bid
is the lowest bid submitted in response to a
public request for bids.’’
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 25, 2011.
Reason Granted: Mississippi Regional
Housing Authority No. VIII submitted an
independent cost estimate for Preserve at
Fairground Village prepared by Lucius Cook,
Estimator. The estimate totaled $3,360,068.
The South Mississippi Housing and
Development Corporation also submitted the
construction contract costs with Landmark
Construction Services, providing a fixed
price of $2,799,300. As the Landmark
Construction Services contract cost was
below that of the independent cost estimate,
HUD’s condition is satisfied, and the waiver
was granted.
Contact: Dominique Blom, Deputy
Assistant Secretary, Office of Public Housing
Investments, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room
1430, Washington, DC 20410, telephone (202)
402–8500.
• Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Nannie Helen Burroughs,
District of Columbia (DC).
Nature of Requirement: HUD’s regulation
at 24 CFR 941.606(n)(1)(ii) requires PHAs to
certify that they will use an open and
competitive process to select its partners. The
provision requires that ‘‘if the partner and/or
owner entity (or any other entity with an
identity of interest with such parties) wants
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to serve as the general contractor for the
project or development, it may award itself
the construction contract only if it can
demonstrate to HUD’s satisfaction that its bid
is the lowest bid submitted in response to a
public request for bids.’’
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: December 12, 2011.
Reason Granted: In March 2006, DCHA
entered into a Memorandum of
Understanding with the DC’s Office of the
Deputy Mayor for Planning and Economic
Development (DMPED) to create a Master
Plan for the Lincoln Heights community. In
December 2006, the DC Council approved the
Master Plan and DC issued a request for
proposal to develop off-site replacement
units. The company, A. Wash and Associates,
Inc., responded and proposed development
of property it owned at 4800 Nannie Helen
Burroughs, NE., plus adjacent land owned by
the District. The proposed project was
approved by DC and awarded a development
contract. HUD reviewed, and acknowledged,
the District of Columbia Housing Authority’s
(DCHA) decision to procure Wash/Charlie
May, LLC through a noncompetitive
proposal, as permitted under 24 CFR
85.36(d)(4). As a result of this action, DCHA
cannot submit the required certifications and
assurances that it will use open and
competitive process to select its partners, as
required under 24 CFR 941.606(n)(1)(ii), as
part of its mixed-finance proposal for 4800
Nannie Helen Burroughs. HUD therefore
waived 24 CFR 941.606(n)(1)(ii) for the
limited purpose of selecting Wash/Charlie
May, LLC as the developer.
Contact: Dominique Blom, Deputy
Assistant Secretary, Office of Public Housing
Investments, Office of Public and Indian
Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room
1430, Washington, DC 20410, telephone (202)
402–8500.
• Regulation: 24 CFR 982.503(d) and
982.505(c)(3).
Project/Activity: Enterprise Housing
Authority (EHA), Enterprise, AL.
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
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: October 19, 2011.
Reason Waived: This waiver was granted
because these cost-saving measures would
enable the EHA to manage its Housing
Choice Voucher program within allocated
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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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Anasco Public Housing
Authority (APHA), Anasco, PR.
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: September 29, 2011.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable the APHA 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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Lumberton Housing
Authority (LHA), Lumberton, NC.
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: October 20, 2011.
Reason Waived: This waiver was granted
because this cost-saving measure would
enable the LHA 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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Howard County Housing
Commission (HCHC), Columbia, MD.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(d) states that a public
housing agency may only approve a higher
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payment standard for a family as a reasonable
accommodation if the higher payment
standard is within the basic range of 90 to
110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: November 22, 2011.
Reason Waived: The participant, who is
disabled, requires an exception payment
standard to move to a smoke-free building.
The health care provider confirmed the need
for this participant to move to such a
building. To provide this reasonable
accommodation so the client could move and
pay no more than 40 percent of her adjusted
income toward the family share, the HCHC
was allowed to approve an exception
payment standard that exceeded the basic
range of 90 to 110 percent of the FMR.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 982.505(d).
Project/Activity: Franklin County Regional
Housing and Redevelopment Authority
(FCRHRA), Franklin County, MA.
Nature of Requirement: HUD’s regulation
at 24 CFR 982.505(d) states that a public
housing agency may only approve a higher
payment standard for a family as a reasonable
accommodation if the higher payment
standard is within the basic range of 90 to
110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: November 29, 2011.
Reason Waived: The participant, who is
disabled, requires an exception payment
standard to move to a first-floor unit in a
smoke-free building. The health care
provider confirmed the need for this
participant to move to this unit. To provide
this reasonable accommodation so the client
could be assisted in a new unit and pay no
more than 40 percent of her adjusted income
toward the family share, the FCRHRA was
allowed to approve an exception payment
standard that exceeded the basic range of 90
to 110 percent of the FMR.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 983.51.
Project/Activity: Detroit Housing
Commission (DHC), Detroit, MI.
Nature of Requirement: HUD’s regulation
at 24 CFR 983.51 requires competitive
selection of owner proposals for projectbased voucher (PBV) assistance unless the
units were competitively selected under a
similar competitive process as described in
the regulation.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
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Date Granted: November 30, 2011.
Reason Waived: The project, East Jefferson
Affordable Assisted Living, is part of the East
Jefferson Neighborhood Project. The Project
will be part of an integrated continuum of
affordable senior housing and service
programs in the core city area which
currently has limited coordinated service
delivery. The waiver was granted because
there is a federal investment of $4.5 million
of the city’s HOME funds that were
competitively awarded and should be
protected.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Bristow Housing
Authority (BHA), Bristow, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances
beyond the BHA’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Michigan State Housing
Development Authority (MSHDA), Detroit,
MI.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances
beyond the MSHDA’s control it was unable
to submit its SEMAP certification by the
deadline of August 29, 2011.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: River Rouge Housing
Authority (RRHA), River Rouge, MI.
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Nature of Requirement: 24 CFR 985.101(a)
states that a public housing agency must
submit the HUD-required Section Eight
Management Assessment Program (SEMAP)
certification form within 60 calendar days
after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances
beyond the RRHA’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Broken Bow Housing
Authority (BBHA), Broken Bow, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 7, 2011.
Reason Waived: Due to circumstances
beyond the BBHA’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: McAlester Housing
Authority (MHA), McAlester, OK.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 13, 2011.
Reason Waived: Due to circumstances
beyond the MHA’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Lawton Housing
Authority (LHA), Lawton, OK.
PO 00000
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14827
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 14, 2011.
Reason Waived: Due to circumstances
beyond the LHA’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Detroit Housing
Commission (DHC), Detroit, MI.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year. HUD therefore granted the
waiver.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: October 25, 2011.
Reason Waived: Due to circumstances
beyond the DHC’s control it was unable to
submit its SEMAP certification by the
deadline of August 29, 2011. HUD therefore
granted the waiver.
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 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
• Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of
Calvert County, Charles County Housing
Authority, Elkton Housing Authority, MD.
Nature of Requirement: HUD’s regulation
at 24 CFR 985.101(a) states that a public
housing agency must submit the HUDrequired Section Eight Management
Assessment Program (SEMAP) certification
form within 60 calendar days after the end
of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant
Secretary for Public and Indian Housing.
Date Granted: November 2, 2011.
Reason Waived: These housing authorities
with fiscal year end dates of June 30th were
affected by Tropical Storm Irene which hit
Maryland on August 28, 2011. These
agencies had power outages, flooding and
numerous fallen trees. Consequently, they
were unable to submit their SEMAP
certifications by the deadline of August 29,
2011, and HUD therefore granted the waiver.
Contact: Laure Rawson, Director, Housing
Voucher Management and Operations
Division, Office of Public Housing and
E:\FR\FM\13MRN1.SGM
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
Voucher Programs, Office of Public and
Indian Housing, Department of Housing and
Urban Development, 451 Seventh Street SW.,
Room 4210, Washington, DC 20410,
telephone (202) 708–0477.
[FR Doc. 2012–6050 Filed 3–12–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–AKR–GAAR–0228–9686: 9924–PYS]
Notice of Public Meeting for the
National Park Service (NPS) Alaska
Region’s Subsistence Resource
Commission (SRC) Program
National Park Service, Interior.
The Gates of the Arctic
National Park SRC will meet to develop
and continue work on NPS subsistence
program recommendations and other
related subsistence management issues.
The NPS SRC program is authorized
under Title VIII, Section 808 of the
Alaska National Interest Lands
Conservation Act, Public Law 96–487,
to operate in accordance with the
provisions of the Federal Advisory
Committee Act. The Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770) requires that public notice of this
meeting to be announced in the Federal
Register.
Public Availability of Comments: This
meeting is open to the public and will
have time allocated for public
testimony. The public is welcome to
present written or oral comments to the
SRC. This meeting will be recorded and
meeting minutes will be available upon
request from the park superintendent for
public inspection approximately six
weeks after the meeting. Before
including your address, telephone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
If the meeting date and location are
changed, a notice will be published in
local newspapers and announced on
local radio stations prior to the meeting
date. SRC meeting locations and dates
may need to be changed based on
inclement weather or exceptional
circumstances.
Gates of the Arctic National Park SRC
Meeting Date and Location: The Gates of
the Arctic National Park SRC will meet
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
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Jkt 226001
in Anaktuvuk Pass, Alaska, on
Wednesday, April 18, 2012, and
Thursday, April 19, 2012. Each day the
meeting will start at 9 a.m. and
conclude at 5 p.m. or until business is
completed.
For Further Information on the Lake
Clark National Park SRC Meeting
Contact: Greg Dudgeon, Superintendent,
or Marcy Okada, Subsistence Manager,
at (907) 457–5752 or Clarence Summers,
Subsistence Manager, NPS Alaska
Regional Office, at (907) 644–3603. If
you are interested in applying for Gates
of the Arctic National Park SRC
membership, contact the
Superintendent at 4175 Geist Road,
Fairbanks, AK 99709, or visit the park
Web site at: https://www.nps.gov/gaar/
contacts.htm.
Proposed SRC Meeting Agenda
The proposed meeting agenda for
each meeting includes the following:
1. Call to Order—Confirm Quorum.
2. Welcome and Introductions.
3. Administrative Announcements.
4. Approve Agenda.
5. Approval of Minutes.
6. SRC Purpose/Membership.
7. Public and Other Agency Comments.
8. Old Business.
a. Subsistence Collections and Uses of
Shed or Discarded Animal & Plants
Environmental Assessment Update.
b. SRC Recommendations.
9. New Business.
10. Federal Subsistence Board Updates.
11. Alaska Board of Game Updates.
12. National Park Service Reports.
a. Superintendent Updates.
b. Subsistence Manager Updates.
c. Resource Management Updates.
d. Ranger Updates.
13. Public and Other Agency Comments.
14. SRC Work Session.
15. Select Time and Location for Next
Meeting.
16. Adjourn Meeting.
Debora R. Cooper,
Associate Regional Director, Resources and
Subsistence, Alaska Region.
[FR Doc. 2012–5908 Filed 3–12–12; 8:45 am]
BILLING CODE 4310–70–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Notice of Proposed Information
Collection
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice and request for
comments.
AGENCY:
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
In compliance with the
Paperwork Reduction Act of 1995, the
Office of Surface Mining Reclamation
and Enforcement (OSM) is announcing
that the information collection request
for Areas Designated by Act of Congress,
has been submitted to the Office of
Management and Budget (OMB) for
review and approval. The information
collection request describes the nature
of the information collection and the
expected burden and cost. This
information collection activity was
previously approved by OMB and
assigned control number 1029–0111.
DATES: OMB has up to 60 days to
approve or disapprove the information
collection but may respond after 30
days. Therefore, public comments
should be submitted to OMB by April
12, 2012, in order to be assured of
consideration.
SUMMARY:
Submit comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Department of
Interior Desk Officer, by telefax at (202)
395–5806 or via email to
OIRA_Docket@omb.eop.gov. Also,
please send a copy of your comments to
John Trelease, Office of Surface Mining
Reclamation and Enforcement, 1951
Constitution Ave., NW., Room 203–SIB,
Washington, DC 20240, by telefax to
(202) 219–3276, or by email to
jtrelease@osmre.gov.
ADDRESSES:
To
receive a copy of the information
collection request contact John Trelease
at (202) 208–2783, or electronically at
jtrelease@osmre.gov. You may also
review this information collection
request on the Internet by going to
https://www.reginfo.gov (Information
Collection Review, Currently Under
Review, Agency is Department of the
Interior, DOI–OSMRE).
SUPPLEMENTARY INFORMATION: OMB
regulations at 5 CFR 1320, which
implement provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104–13),
require that interested members of the
public and affected agencies have an
opportunity to comment on information
collection and recordkeeping activities
[see 5 CFR 1320.8(d)]. OSM has
submitted a request to OMB to renew its
approval of the collection of information
contained in 30 CFR part 761—Areas
Designated by Act of Congress. OSM is
requesting a 3-year term of approval for
this information collection activity.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\13MRN1.SGM
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Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14817-14828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6050]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5529-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
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
[[Page 14818]]
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 October 1, 2011, and ending on December 31, 2011.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 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 fourth 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
October 1, 2011 through December 31, 2011. For ease of reference, the
waivers granted by HUD are listed by HUD program office (for example,
the Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are 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 fourth quarter of
calendar year 2011) before the next report is published (the first
quarter of calendar year 2012), HUD will include any additional waivers
granted for the fourth 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: March 6, 2012.
Helen R. Kanovsky,
General Counsel.
APPENDIX
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development October 1, 2011 Through
December 31, 2011
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the Office of Community
Planning and Development.
II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and
Indian Housing.
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 91.115(c)(2).
Project/Activity: The State of New York requested a waiver of
HUD regulation at 24 CFR 91.115(c)(2), which requires the citizen
participation plan to provide a period not less than 30 days, to
receive comments on the substantial amendment of the State's
Consolidated Plan. The waiver would allow the State to reduce the
comment period and expeditiously implement amendments to its Method
of Distribution, and hence assist jurisdictions affected by
Hurricane Irene and Tropical Storm Lee. A federal disaster
declaration was issued for most jurisdictions in the State of New
York on August 31, 2011.
Nature of Requirement: 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 State's Consolidated Plan.
Granted by: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 4, 2011.
Reason Waived: HUD determined that a reduced public comment
period from 30 to 7 days would allow the State of New York to
implement the amendment to its 2011 Method of Distribution and
annual action plan and enable the State to provide assistance to
affected local governments in a timely manner.
Contact: Steve Rhodeside, Director, State and Small Cities
Division, Office of Block Grant Assistance, Office of Community
Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 7184, Washington, DC
20410, telephone (202) 402-7375.
[[Page 14819]]
Regulations: 24 CFR 92.2
Project/Activity: Charlottesville Consortium, Virginia, VA
requested that HUD waive the definition of homeownership set forth
at 24 CFR 92.2 to enable Fluvanna/Louisa Housing Foundation to
provide homeowner rehabilitation assistance to a two-person
household that did not meet the definition of homeownership.
Nature of Requirements: The HOME Investment Partnerships (HOME)
program regulations at 24 CFR 92.2 defines homeownership as
``ownership in fee simple title or a 99 year leasehold interest in a
one- to four-unit dwelling or in a condominium, or equivalent form
of ownership approved by HUD.''
Granted by: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning & Development.
Date Granted: October 14, 2011.
Reasons Waived: The waiver request information disclosed that
one occupant of the household is mentally disabled and has an
ownership interest through a trust, of which the individual is the
sole beneficiary. Both the land and improvements are held by the
trust, which is managed by a court-appointed attorney. The occupants
qualify as a low-income household. HUD granted the waiver so that
the disabled, low-income household would not have to continue to
live in severely substandard conditions.
Contact: Virginia Sardone, Deputy Director, Office of Affordable
Housing, Office of Community Planning and Development, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 7164,
Washington, DC 20410, telephone (202) 708-2684.
Regulation: 24 CFR 570.486(a)(5).
Project/Activity: The State of New York requested a waiver of
HUD's Community Development Block Grant (CDBG) regulation at 24 CFR
570.486(a)(5),which addresses citizen public hearings. The waiver
request stated that granting of the waiver would give the State some
flexibility in addressing the needs of communities affected by
Hurricane Irene and Tropical Storm Lee. A federal disaster was
issued for most jurisdictions in the State of New York on August 31,
2011.
Nature of Requirement: The CDBG regulation at 24 CFR
570.486(a)(5) requires each unit of general local government to
provide a minimum of two public hearings, at different stages of the
program, for the purpose of obtaining citizens' views and responding
to proposals and questions.
Granted by: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 4, 2011.
Reason Waived: This waiver was determined necessary because,
given the unexpected nature of the disaster, the waiver would allow
the State of New York to address the needs and expenses of
communities as they recover from the effects of the hurricane and
tropical storm in a more timely manner.
Contact: Steve Rhodeside, Director, State and Small Cities
Division, Office of Block Grant Assistance, Office of Community
Planning and Development, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 7184, Washington, DC
20410, telephone (202) 402-1322.
Regulation: 24 CFR 574.330(b)(1) and (b)(2).
Project/Activity: The Downtown Emergency Service Center (DESC),
a competitive grant recipient in Seattle, WA, under the Housing
Opportunities for Persons With AIDS (HOPWA) requested a waiver of
the HOPWA short-term supported housing regulation to continue the
provision of emergency shelter housing assistance to homeless men
with challenging mental health issues. At the time of the waiver
request, DESC was assisting 60 households in their short-term
emergency housing facility, which is over the maximum 50 households
allowed by HOPWA regulation.
Nature of Requirement: The HOPWA regulation at 24 CFR
574.330(b)(1) and (b)(2) address short-term supported housing and
states that ``A short-term supported facility may 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: December 1, 2011.
Reason Waived: It was determined that the unavailability of
other reasonable critical short-term emergency housing options
within close proximity of this facility was an impediment to
identifying other housing options for homeless individuals with
challenging mental health issues. Based on a continuing need that
has resulted in two previous waiver request approvals, this waiver
was granted for the duration of DESC's three year period which
concludes on August 31, 2013.
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, telephone (202) 708-1590.
Neighborhood Stabilization Program 3 Notice, published
on October 19, 2010, at 75 FR 64333 (II.H.3.F), issued under the
heading Community Planning and Development: Community Development
Fund of title XII of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5, approved February 17,
2009).
Project/Activity: Genesee County, Michigan requested a waiver of
the 10 percent demolition cap under the Neighborhood Stabilization
Program (NSP) which restricts grantees from spending more than 10
percent of total grant funds on demolition activities. Genesee
County, requested a waiver to spend $532,644 or approximately twenty
percent of its NSP3 allocation on demolition of blighted structures.
Nature of Requirement: Section II.H.3.F of the NSP3 Notice
provides that a grantee may not use more than ten percent of its
grant for demolition activities.
Granted by: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 25, 2011.
Reason Waived: The County provided statistical data evidencing
high vacancy and abandonment rates due to significant population and
job loss. The County explained that there are a high number of
properties requiring immediate demolition to remove safety hazards
and the destabilizing influence of the blighted properties. With the
additional funds to use towards demolition, the County expected to
demolish an estimated 235 residential units. On the basis of this
information, the waiver was granted.
Contact: Jessie Handforth Kome, Deputy Director, Office of Block
Grant Assistance, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 7286, Washington, DC 20410, telephone (202) 402-5539.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 203.37a(b)(2).
Project/Activity: Extension of Temporary Exemption from
Compliance with FHA's Regulation on Property Flipping, published on
December 28, 2011 at 76 FR 81363.
Nature of Requirement: The regulation prohibits the use of FHA
financing to purchase single family properties that are being resold
within 90 days of the previous acquisition.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 22, 2011.
Reason Waived: With the home foreclosure rate remaining high
across the nation, a temporary waiver of this regulation on a
nationwide basis, subject to certain conditions, may contribute to
stabilizing real estate prices and neighborhoods that have been
heavily impacted by foreclosures, and may facilitate the sale and
occupancy of foreclosed homes that have been rehabilitated by making
the mortgages of such homes eligible for FHA mortgage insurance.
Contact: Karin B. Hill, Director, Office of Single Family
Program Development, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 9278, Washington, DC
20410, telephone (202) 708-2121.
Regulation: 24 CFR 219.220(b).
Project/Activity: Northgate and Greenfield Apartments,
Burlington, Vermont--FHA Project Numbers 026-55001 and 026-55002.
The owner of the property was in the position of being unable to
repay the Flexible Subsidy Operating Assistance Loan without dire
consequences to the property and residents that reside there.
Nature of Requirement: HUD's regulations at 24 CFR 219.220(b)
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of mortgage insurance, prepayment
of the mortgage, or a sale of the
[[Page 14820]]
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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 1, 2011.
Reason Waived: HUD granted the waiver, which allowed the owner
to defer repayment of the Flexible Subsidy Loans, merge the
Northgate and Greenfield properties into a single piece of real
estate, combine Section 8 Housing Assistance Payment (HAP)
contracts, combine Flexible Subsidy Loans, and redevelop the
existing projects. In connection with the granting of the waiver, a
Rental Use Agreement was recorded extending the affordability of the
project for 40 years, the terms of the new financing.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6136, Washington, DC
20410, telephone (202) 708-2654.
Regulation: 24 CFR 219.220(b).
Project/Activity: Woodledge/Morrant Bay, Dorchester,
Massachusetts--FHA Project Number 023-005-NI. The owner/managing
agent requested a deferral of repayment of the Flexible Subsidy
Operating Assistance Loan in order to redevelop the existing
project.
Nature of Requirement: HUD's regulations at 24 CFR 219.220(b)
governs the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996
states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
term of the mortgage, termination of these actions would typically
terminate FHA involvement with the property, and the Flexible
Subsidy loan would be repaid, in whole, at that time.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 31, 2011.
Reason Waived: The property owner was granted their request to
defer repayment of the Flexible Subsidy loan as part of a proposal
to redevelop the existing project. Granting the waiver allowed for
the recapitalization of the project, restoring the original total of
129 units, with the same mix of unit sizes. The purchase and
rehabilitation of the project is to be funded using Low-Income
Housing Tax Credit equity, a new Risk Sharing mortgage, and other
sources. In connection with the granting of the waiver, a new Rental
Agreement was recorded, 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., Room 6136, Washington, DC
20410, telephone (202) 708-2654.
Regulation: 24 CFR 236.725.
Project/Activity: Roberto Clemente Plaza a.k.a. Kent Village,
Brooklyn, New York--FHA Project Number 012-167NI. The owner/
management agent requested waiver of the regulation to permit the
continuation of Rental Assistance Payments after the payoff of the
non-insured Section 236 mortgage under a Section 236(e)(2)
Decoupling transaction.
Nature of Requirement: HUD regulations at 24 CFR 236.725 require
that the rental assistance contract shall be limited to the term of
the mortgage or 40 years from the date of the first payment made
under the contract, whichever is the lesser.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 14, 2011.
Reason Waived: This waiver was granted to allow the project to
continue receiving Rental Assistance Payments and avoid termination
of tenant subsidy when the owner repays the mortgage as part of the
decoupling process. The project is being processed under the Section
236 Decoupling program which states that the project may refinance
its Section 236 insured mortgage and continue to receive the Section
236 Interest Reduction Payment subsidy, predicated on the project
entering into a recorded Use Agreement. This Use Agreement will
restrict the project's operation under the Section 236 program
requirements until the maturity date of the original noninsured
Section 236 mortgage plus an additional five years. As a result, the
534 units at the property will also undergo substantial
rehabilitation. The project is to be maintained as an affordable
housing resource for current and future residents of this
neighborhood.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street SW., Room 6l60, Washington, DC
20410, telephone (202) 708-2654.
Regulation: 24 CFR 232.3.
Project/Activity: The Villas at La Canada is a 100 percent high
acuity assisted living facility located in Tucson, Arizona.
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates
in a board and care home or assisted living facility that the not
less than one full bathroom must be provided for every four
residents. Also, the bathroom cannot be accessed from a public
corridor or area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: The waiver was granted because of the specific
clientele served by the Villas at La Canada, high acuity residents,
many residents need assistance with bathing and present special
circumstances that do not exist in a traditional assisted living
facility. In terms of the existing buildings, the ``hallways'' which
the residents in each building must cross in order to bathe are not
located in an area that will be frequented by anyone other than
staff or other residents.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-1672.
Regulation: 24 CFR 232.3.
Project/Activity: Heritage Green Daybreak is a 60 bed assisted
living facility located in Lynchburg, Virginia.
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates
in a board and care home or assisted living facility that the not
less than one full bathroom must be provided for every four
residents. Also, the bathroom cannot be accessed from a public
corridor or area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: HUD granted the waiver because the lender
informed the Office of Healthcare Programs that subsequent to
obtaining 232/223(f) insurance from the Federal Housing
Administration (FHA), an expansion project would be commenced using
HUD's authority under section 241(a) of the National Housing Act (12
U.S.C. 1715z-6). This expansion will add 10 additional full
bathrooms in the facility, thereby, reducing the resident to full
bathroom ratio to 4:1. In terms of the existing buildings, the
``hallways'' which the residents on each floor must cross in order
to bathe are not located in an area that will be frequented by
anyone other than staff or other residents.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-1672.
Regulation: 24 CFR 232.3
Project/Activity: Heritage Green at Hanover is a 64 bed assisted
living facility located at Mechanicsville, Virginia.
Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates
in a board and care home or assisted living facility that the not
less than one full bathroom must be provided for every four
residents. Also, the bathroom cannot be accessed from a public
corridor or area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 2, 2011.
Reason Waived: HUD granted the waiver because the lender
informed the Office of Healthcare Programs that subsequent to
obtaining 232/223(f) insurance from FHA, an expansion project would
be commenced using HUD's authority under section 241(a) of the (12
U.S.C. 1715z-6). This expansion will add 10 additional full
bathrooms in the facility, thereby, reducing the resident to full
bathroom ratio to 4:1. In terms of the existing buildings, the
``hallways'' which the residents on each floor must cross in order
to bathe are not located in an area that will be frequented by
anyone other than staff or other residents.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-1672.
Regulation: 24 CFR 232.3.
Project/Activity: Hilton East Assisted Living serves 178
residents within the 140
[[Page 14821]]
room facility and is located in Hilton, New York.
Nature of Requirement: HUD's regulation at 232.3 mandates in a
board and care home or assisted living facility that the not less
than one full bathroom must be provided for every four residents.
Also, the bathroom cannot be accessed from a public corridor or
area.
Granted By: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner
Date Granted: December 20, 2011.
Reason Waived: HUD granted the waiver because Hilton East's full
bathroom ratio was determined acceptable, because the frail elderly
residents are assisted with their bathing by caregivers for safety
purposes. To access the shower and tub bathing areas, the residents
must exit their rooms and walk down the common hallway shared with
the other residents in the sleeping area.
Contact: Vance T. Morris, Special Assistant, Office of
Healthcare Programs, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 2337, Washington, DC
20410, telephone (202) 402-1672.
Regulation: 24 CFR 891.100(d).
Project/Activity: Rock Ridge Apartments, McAlester, OK; Project
Number: 118-HD037/OK56-Q081-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 2, 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mojave Cedar Supportive Housing, Inc., Las
Vegas, NV; Project Number: 125-HD077/NV25-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: November 8, 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Leeway Welton Apartments, New Haven, CT;
Project Number: 017-HD041/CT26-Q071-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 6, 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Incor Two, Muskogee, OK; Project Number: 118-
HD038/OK56-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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 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 Seventh Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Roeser Haciendas Senior Housing, Phoenix, AZ;
Project Number: 123-EE107/AZ20-S081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 3, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to complete the archeological review process, submit the firm
commitment application 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 6134,
Washington, DC 20410, 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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was needed for the initial
closing package to be reviewed and for the project to achieve an
initial closing.
Contact: 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Villa Davis (fka Triple R Behavioral Health),
Phoenix, AZ; Project Number: 123-HD044/AZ20-Q081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to secure additional funds to cover a significant shortfall 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Liberty Resources 13, Philadelphia, PA;
Project Number: 034-HD100/PA26-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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 6, 2011.
Reason Waived: Additional time was needed 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
[[Page 14822]]
Project/Activity: Northbrook Village II/AKA Berlin, Berlin, MA;
Project Number: 023-EE232/MA06-S081-007.
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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was needed for the required
permits to be issued 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Colter Commons, Phoenix, AZ; Project Number:
123-EE109/AZ20-S081-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to resolve some issues with the firm commitment application 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.,
Washington, DC 20410, 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: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 7, 2011.
Reason Waived: Additional time was needed for the firm
commitment application to be resubmitted and processed 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Volunteers of America National Services, Gary,
IN; Project Number: 073-EE125/IN36-S081-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 19, 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 Seventh Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Newbury Senior Housing, Newbury, NH; Project
Number: 024-EE120/NH36-S081-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 26, 2011.
Reason Waived: Additional time was needed due to litigation.
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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Lane Manor, Stone Mountain, GA; Project
Number: 061-EE166/GA06-S081-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 26, 2011.
Reason Waived: Additional time was needed to issue a 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 7th Street SW., Room 6134,
Washington, DC 20410, 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: November 10, 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Bridge Gardens aka Bridge House II, Bronx, NY;
Project Number: 012-HD106/NY36-Q011-003.
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: November 18, 2011.
Reason Waived: Additional time was needed for review of the
closing documents 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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Benedict's Place, Cherry Hill, NJ; Project
Number: 035-EE056/NJ39-S081-003.
Nature of Requirement: Section 891.165 provides that the
duration of 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: November 23, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to receive the firm commitment and prepare the initial closing
package.
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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Shawnee Supportive Housing, Shawnee, KS;
Project Number: 084-HD054/KS16-Q061-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
[[Page 14823]]
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 29, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to receive the firm commitment and prepare the initial closing
package.
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 6134,
Washington, DC 20410, 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: November 29, 2011.
Reason Waived: Additional time was needed for the sponsor/owner
to receive the firm commitment and submit the initial closing
documents.
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 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Lane Manor, Lithonia, GA; Project Number: 061-
EE166/GA06-S081-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Carol J. Galante, Acting Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 7, 2011.
Reason Waived: Additional time was needed for the firm
commitment to be issued and for the initial closing package to be
submitted and processed.
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 6134,
Washington, DC 20410, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Dimmitt Woods, Batavia, OH; Project Number:
046-EE100/OH10-S091-002.
Nature of Requirement: Section 891.830(c)(4) requires that
capital advance funds are 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: December 20, 2011.
Reason Waived: HUD in its response to the public comments in the
final rule published September 13, 2005 (70 FR 54210), stated,
``while HUD generally expects the capital advance funds to be drawn
down in a one-to-one ratio for eligible costs actually incurred, HUD
may permit on a case-by-case basis, some variance from the drawdown
requirements as needed for the success of the project.'' Therefore,
the waiver was granted to permit capital advance funds 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 relate 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 Seventh Street SW., Room 6134,
Washington, DC 20410, telephone (202) 708-3000.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Housing Authority of the City of Diboll,
(TX229), Diboll, TX.
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1)
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine months after the housing
authority's (HA) fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A-133.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: The HA advised that its auditor passed away
during the audit fieldwork and that its new auditor was not able to
meet the financial submission due dates as a result of other audited
submission and income tax commitments. The HA requested a waiver of
the Late Presumptive Failure (LPF) score of zero for the audited
financial submission. The waiver was approved and provided
additional time to permit the audit documentation to be completed
and the financial statements to be prepared and their entry of the
March 31, 2010, audited financial information into Real Estate
Assessment Center's online system. However, this audited submission
waiver 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 5.801(d)(1).
Project/Activity: Virgin Islands Housing Authority, (VQ001), St.
Thomas, VI.
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1)
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine months after the housing
authority's (HA) fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A-133.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: The HA requested an additional 60 days to submit
its audited financial information under the Financial Assessment
Subsystem (FASS) for fiscal year end (FYE) December 31, 2010. The HA
advised that as a result of serious data migration problems related
to the conversion to a new accounting system and an extensive
reorganization of the Finance Department, the HA would not be able
to submit their fiscal year 2010 audit by the September 30, 2011,
due date. Additionally, HUD was advised that the HA's audit firm had
issues with documentation and evidential support of significant
balances and transactions and accounting knowledge of historical
balances and transactions, affecting the current year. The waiver
was approved and additional time was provided to permit the HA in
conjunction with the auditor, to complete the fiscal year 2010
audit. However, this audited submission waiver 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 5.801(d)(1).
Project/Activity: Hartshorne/Haileyville Housing Authority,
(OK072), Hartshorne, OK.
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1)
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine months after the housing
authority's (HA) fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A-133.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 5, 2011.
Reason Waived: The HA advised that as a result of significant
delays and missed due dates by its auditor, the HA's financial
statement audit (non-A-133) would not be timely completed. The HA
requested a waiver of the audited financial submission requirements
for fiscal year end (FYE) June 30, 2010. Specifically, the HA
requested an additional 180 days to submit its FYE June 30, 2010,
audited financial information. The waiver was approved and
additional time was provided to permit the audit documentation to be
adequately completed. Granting the waiver also allowed ample time
for drafting the financial statements and the inputting of the
audited financial information into the on-line system. Since the HA
is
[[Page 14824]]
considered a small HA, comprised of approximately 44 units, and has
expended approximately $118,000 in federal awards, the HA was asked
to consider selecting unaudited/no audit for its unaudited
submission type. Specifically, an audited submission is required
when a HA expends over $500,000 in federal awards or receives audit
costs as an audit add-on the 52723 Operating Subsidy form.
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 5.801(d)(1).
Project/Activity: Rochester Housing Authority, (NY041),
Rochester, NY.
Nature of Requirement: HUD's regulation at 24 CFR 5.801(d)(1)
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than nine months after the housing
authority's (HA) fiscal year end (FYE), in accordance with the
Single Audit Act and OMB Circular A-133.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: The HA requested a waiver of the audited
financial submission under the Financial Assessment Subsystem (FASS)
for fiscal year end (FYE) September 30, 2010. The HA advised that
it's FASS audited information was submitted timely, but following a
rejection by the FASS team, the corrected information was not
resubmitted timely due to other processing activity of the finance
department. Consequently, additional time was required to resubmit
the FYE September 30, 2010, FASS audited submission. The waiver was
granted and allowed additional time for the financial data schedule
to be adequately completed and for the inputting of the corrected
audited financial information into REAC's FASS on-line system. The
HA was required to resubmit its audited financial information no
later than October 15, 2011. However, this FASS audited submission
waiver (extension) does not apply to Circular A-133 submission to
the Federal Audit Clearing house.
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: South Pittsburgh Housing Authority, (TN037),
South Pittsburgh, TN.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: October 5, 2011.
Reason Waived: The housing authority (HA) experienced severe
thunder storms with straight line winds that caused major damage to
the HA's properties. The Federal Emergency Management Agency (FEMA)
announced that Marion County had been declared a disaster area due
to the storm. The damages include roofs, framing structures, weather
heads, downed trees and extensive brush. After the brush is cleared,
major site and property work will be required to repair the damages
to the site and grounds. The HA advised that a physical inspection
at this time, would unduly penalize the HA and adversely affect its
Public Housing Assessment System (PHAS) score. The waiver was
granted. Waiving the reporting requirements provided the HA with 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 902.20.
Project/Activity: Housing Authority of the City of Goldsboro,
(NC015), Goldsboro, NC.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: October 19, 2011.
Reason Waived: On April 27, 2011, the housing authority (HA)
sustained extensive damage throughout the HA's inventory due to
Hurricane Irene. The HA's properties experienced substantial damage
to roofs, siding, fallen tree debris, and internal damage to walls
and ceilings due to leaking roofs. The HA was able to repair some of
the damage, however, a great deal of roofing, siding and general
clean-up remains. The HA advised that a physical inspection at this
time would unduly penalize the HA and adversely affect its Public
Housing Assessment System score (PHAS). The waiver was granted and
provided the HA with the necessary time to tend to any damage caused
by the storm. The HA will be scheduled for its fiscal year 2012
inspection at a later date, which will become the baseline year of
inspections under the PHAS Interim Rule.
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: Jasper Housing Authority, (AL012), Jasper, AL.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: October 26, 2011.
Reason Waived: On April 27, 2011, the housing authority (HA),
along with other counties in the State of Alabama was declared
disaster areas, as a result of incurring severe tornado damages. The
HA suffered major damages and is currently working with the
insurance adjustor in an effort to settle the damage claims. The HA
advised that a physical inspection at this time, would unduly
penalize the HA and adversely affect its Public Housing Assessment
System (PHAS) score. The waiver was granted and provided the HA the
necessary time to attend 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 902.20.
Project/Activity: Phil Campbell Housing Authority, (AL090), Phil
Campbell, AL
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: October 31, 2011.
Reason Waived: The Franklin County areas along with other
counties in the State of Alabama were declared a disaster area on
April 29, 2011, as a result of incurring severe tornado damage. The
housing authority (HA) suffered major damages. As a result, the HA
had to demolish 42 units, its office and maintenance shop due to the
tornado damage. Since suffering damage to its properties, the HA has
been working with the insurance adjustor in an effort to settle the
damage claim. The HA advised that a physical inspection at this
time, would unduly penalize the HA and adversely affect its Public
Housing Assessment System (PHAS) score. The waiver was granted
providing the HA with the necessary time to attend 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 902.20.
Project/Activity: Housing Authority of Leeds, (AL069), Leeds,
AL.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 is to
[[Page 14825]]
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.
Date Granted: December 30, 2011.
Reason Waived: On April 27, 2011, the housing authority (HA),
along with other counties in the State of Alabama was declared
disaster areas, as a result of incurring severe tornado damages. The
HA had many fallen trees that caused major damage to its properties.
The HA advised that a physical inspection at this time, would unduly
penalize the HA and adversely affect its Public Housing Assessment
System (PHAS) score. The waiver was granted providing the HA with
the necessary time to attend 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 902.20.
Project/Activity: Housing Authority of the City of Joplin,
(M0188), Joplin, MO.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: December 30, 2011.
Reason Waived: On May 22, 2011, Joplin Missouri was struck by a
tornado, which resulted in devastation throughout the city. The HA
suffered extensive damage to its properties and its administrative
offices. It has been determined that 103 low-income public housing
units were completely destroyed. The HA advised that a physical
inspection at this time, would unduly penalize the HA and adversely
affect its Public Housing Assessment System (PHAS) score. The waiver
was granted providing the HA with the necessary time to attend 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 902.20.
Project/Activity: Hackleburg Housing Authority, (AL076), Guin,
AL.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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.
Date Granted: December 30, 2011.
Reason Waived: On April 27, 2011, the county that encompasses
the housing authority (HA) was declared a disaster area as a result
of incurring severe tornado damage. The HA suffered major damage to
its properties. The HA advised that a physical inspection at this
time, would unduly penalize the HA and adversely affect its Public
Housing Assessment System (PHAS) score. The waiver was granted
providing the HA with the necessary time to attend 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 902.20.
Project/Activity: Rahway Housing Authority, (NJ032), Rahway, NJ.
Nature of Requirement: The objective of HUD's regulation at 24
CFR 902.20 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 or properties that includes a
statistically valid sample of the units.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: December 30, 2011.
Reason Waived: On August 26, 2011, Hurricane Irene caused severe
damage in New Jersey. There was significant flooding and damage to
the HA, as well as several areas of New Jersey. As a direct result
of the hurricane, the HA evacuated 33 senior citizen units.
Restoration of the damaged units is anticipated to be completed in
the beginning of 2012. The HA advised that a physical inspection at
this time, would unduly penalize the HA and adversely affect its
Public Housing Assessment System (PHAS) score. The waiver was
granted providing the HA with the necessary time to attend to any
damage caused by Hurricane Irene.
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 941.606(n)(1)(ii).
Project/Activity: Boulevard Homes HOPE VI Project, Charlotte,
NC.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii) requires public housing agencies (PHAs) to certify
that they will use an open and competitive process to select its
partners. The provision requires that ``if the partner and/or owner
entity (or any other entity with an identity of interest with such
parties) wants to serve as the general contractor for the project or
development, it may award itself the construction contract only if
it can demonstrate to HUD's satisfaction that its bid is the lowest
bid submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 25, 2011.
Reason Granted: The seamless assignment of the Master Developer
Agreement to Laurel Street would allow the project to move forward
with no delays and no negative impact on the project. HUD therefore
found good cause to waive 24 CFR 941.606(n)(1)(ii), which allowed
the Charlotte Housing Authority to select Laurel Street without a
competitive process. HUD authorizes this selection pursuant to the
provisions of 24 CFR 85.36(d)(4)(i)(C), which allows procurement by
non-competitive proposal if authorized by the awarding agency.
Contact: Dominique Blom, Deputy Assistant Secretary, Office of
Public Housing Investments, Office and Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 1430, Washington, DC 20410, telephone (202) 402-8500.
Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Preserve at Fairground Village, Gulfport, MS.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii) requires PHAs to certify that they will use an
open and competitive process to select its partners. The provision
requires that ``if the partner and/or owner entity (or any other
entity with an identity of interest with such parties) wants to
serve as the general contractor for the project or development, it
may award itself the construction contract only if it can
demonstrate to HUD's satisfaction that its bid is the lowest bid
submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 25, 2011.
Reason Granted: Mississippi Regional Housing Authority No. VIII
submitted an independent cost estimate for Preserve at Fairground
Village prepared by Lucius Cook, Estimator. The estimate totaled
$3,360,068. The South Mississippi Housing and Development
Corporation also submitted the construction contract costs with
Landmark Construction Services, providing a fixed price of
$2,799,300. As the Landmark Construction Services contract cost was
below that of the independent cost estimate, HUD's condition is
satisfied, and the waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary, Office of
Public Housing Investments, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 1430, Washington, DC 20410, telephone (202) 402-8500.
Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Nannie Helen Burroughs, District of Columbia
(DC).
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii) requires PHAs to certify that they will use an
open and competitive process to select its partners. The provision
requires that ``if the partner and/or owner entity (or any other
entity with an identity of interest with such parties) wants
[[Page 14826]]
to serve as the general contractor for the project or development,
it may award itself the construction contract only if it can
demonstrate to HUD's satisfaction that its bid is the lowest bid
submitted in response to a public request for bids.''
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: December 12, 2011.
Reason Granted: In March 2006, DCHA entered into a Memorandum of
Understanding with the DC's Office of the Deputy Mayor for Planning
and Economic Development (DMPED) to create a Master Plan for the
Lincoln Heights community. In December 2006, the DC Council approved
the Master Plan and DC issued a request for proposal to develop off-
site replacement units. The company, A. Wash and Associates, Inc.,
responded and proposed development of property it owned at 4800
Nannie Helen Burroughs, NE., plus adjacent land owned by the
District. The proposed project was approved by DC and awarded a
development contract. HUD reviewed, and acknowledged, the District
of Columbia Housing Authority's (DCHA) decision to procure Wash/
Charlie May, LLC through a noncompetitive proposal, as permitted
under 24 CFR 85.36(d)(4). As a result of this action, DCHA cannot
submit the required certifications and assurances that it will use
open and competitive process to select its partners, as required
under 24 CFR 941.606(n)(1)(ii), as part of its mixed-finance
proposal for 4800 Nannie Helen Burroughs. HUD therefore waived 24
CFR 941.606(n)(1)(ii) for the limited purpose of selecting Wash/
Charlie May, LLC as the developer.
Contact: Dominique Blom, Deputy Assistant Secretary, Office of
Public Housing Investments, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 1430, Washington, DC 20410, telephone (202) 402-8500.
Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
Project/Activity: Enterprise Housing Authority (EHA),
Enterprise, AL.
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 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: October 19, 2011.
Reason Waived: This waiver was granted because these cost-saving
measures would enable the EHA 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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Anasco Public Housing Authority (APHA),
Anasco, PR.
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: September 29, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the APHA 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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Lumberton Housing Authority (LHA), Lumberton,
NC.
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: October 20, 2011.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the LHA 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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Howard County Housing Commission (HCHC),
Columbia, MD.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: November 22, 2011.
Reason Waived: The participant, who is disabled, requires an
exception payment standard to move to a smoke-free building. The
health care provider confirmed the need for this participant to move
to such a building. To provide this reasonable accommodation so the
client could move and pay no more than 40 percent of her adjusted
income toward the family share, the HCHC was allowed to approve an
exception payment standard that exceeded the basic range of 90 to
110 percent of the FMR.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Franklin County Regional Housing and
Redevelopment Authority (FCRHRA), Franklin County, MA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: November 29, 2011.
Reason Waived: The participant, who is disabled, requires an
exception payment standard to move to a first-floor unit in a smoke-
free building. The health care provider confirmed the need for this
participant to move to this unit. To provide this reasonable
accommodation so the client could be assisted in a new unit and pay
no more than 40 percent of her adjusted income toward the family
share, the FCRHRA was allowed to approve an exception payment
standard that exceeded the basic range of 90 to 110 percent of the
FMR.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 983.51.
Project/Activity: Detroit Housing Commission (DHC), Detroit, MI.
Nature of Requirement: HUD's regulation at 24 CFR 983.51
requires competitive selection of owner proposals for project-based
voucher (PBV) assistance unless the units were competitively
selected under a similar competitive process as described in the
regulation.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
[[Page 14827]]
Date Granted: November 30, 2011.
Reason Waived: The project, East Jefferson Affordable Assisted
Living, is part of the East Jefferson Neighborhood Project. The
Project will be part of an integrated continuum of affordable senior
housing and service programs in the core city area which currently
has limited coordinated service delivery. The waiver was granted
because there is a federal investment of $4.5 million of the city's
HOME funds that were competitively awarded and should be protected.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Bristow Housing Authority (BHA), Bristow, OK.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances beyond the BHA's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Michigan State Housing Development Authority
(MSHDA), Detroit, MI.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances beyond the MSHDA's control
it was unable to submit its SEMAP certification by the deadline of
August 29, 2011.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: River Rouge Housing Authority (RRHA), River
Rouge, MI.
Nature of Requirement: 24 CFR 985.101(a) states that a public
housing agency must submit the HUD-required Section Eight Management
Assessment Program (SEMAP) certification form within 60 calendar
days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 6, 2011.
Reason Waived: Due to circumstances beyond the RRHA's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Broken Bow Housing Authority (BBHA), Broken
Bow, OK.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 7, 2011.
Reason Waived: Due to circumstances beyond the BBHA's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: McAlester Housing Authority (MHA), McAlester,
OK.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 13, 2011.
Reason Waived: Due to circumstances beyond the MHA's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Lawton Housing Authority (LHA), Lawton, OK.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 14, 2011.
Reason Waived: Due to circumstances beyond the LHA's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Detroit Housing Commission (DHC), Detroit, MI.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year. HUD
therefore granted the waiver.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 25, 2011.
Reason Waived: Due to circumstances beyond the DHC's control it
was unable to submit its SEMAP certification by the deadline of
August 29, 2011. HUD therefore granted the waiver.
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 Seventh Street SW., Room 4210, Washington, DC
20410, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of Calvert County, Charles
County Housing Authority, Elkton Housing Authority, MD.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: November 2, 2011.
Reason Waived: These housing authorities with fiscal year end
dates of June 30th were affected by Tropical Storm Irene which hit
Maryland on August 28, 2011. These agencies had power outages,
flooding and numerous fallen trees. Consequently, they were unable
to submit their SEMAP certifications by the deadline of August 29,
2011, and HUD therefore granted the waiver.
Contact: Laure Rawson, Director, Housing Voucher Management and
Operations Division, Office of Public Housing and
[[Page 14828]]
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 4210,
Washington, DC 20410, telephone (202) 708-0477.
[FR Doc. 2012-6050 Filed 3-12-12; 8:45 am]
BILLING CODE 4210-67-P