Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2012, 38309-38317 [2012-15614]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38309-38317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15614]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5639-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2012

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on January 1, 2012, and ending on March 31, 2012.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (this is not a toll-free number). Persons 
with hearing- or speech-impairments may access this number through TTY 
by calling the toll-free Federal Information Relay Service at 800-877-
8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the first quarter of calendar year 2012.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
January 1, 2012 through March 31, 2012. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in

[[Page 38310]]

time sequence beginning with the earliest-dated regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the first quarter of calendar 
year 2012) before the next report is published (the second quarter of 
calendar year 2012), HUD will include any additional waivers granted 
for the first quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: June 21, 2012.
Kevin M. Simpson,
Principal Deputy General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development January 1, 2012 Through 
March 31, 2012

    Note to Reader: More information about the granting of these 
waivers, including a copy of the waiver request and approval, may be 
obtained by contacting the person whose name is listed as the 
contact person directly after each set of regulatory waivers 
granted.

    The regulatory waivers granted appear in the following order:
    I. Regulatory waivers granted by the Office of Community Planning 
and Development.
    II. Regulatory waivers granted by the Office of Housing.
    III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 58.22(a).
    Project/Activity: Clark County, WA requested a waiver for a Lilac 
Gardens HOME Project that involved new construction of approximately 
35-38 units of affordable multi-family housing. A waiver was needed 
because the grantee committed non-HUD funds to acquire property for 
construction of a multi-family rental property prior to the completion 
of the environmental review as well as prior to the submission and 
approval of the Request for Release of Funds.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires 
that an environmental review be performed and a Request for Release of 
Funds (RROF) be completed and certified prior to the commitment of non-
HUD funds to a project using HUD funds. Neither a recipient nor any 
participant in the development process, including public or private 
nonprofit or for-profit entities, or any of their contractors, may 
commit HUD assistance under a program listed in Sec.  58.1(b) on an 
activity or project until HUD or the state has approved the recipient's 
RROF and the related certification from the responsible entity. In 
addition, until the RROF and the related certification have been 
approved, neither a recipient nor any participant in the development 
process may commit non-HUD funds on or undertake an activity or project 
under a program listed in Sec.  58.1(b) if the activity or project 
would have an adverse environmental impact or limit the choice of 
reasonable alternatives.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Date Granted: January 9, 2012.
    Reason Waived: It was determined that the project would further the 
HUD mission and advance HUD program goals to develop viable, quality 
communities, and affordable housing. It was further determined that the 
grantee unknowingly violated the regulation; no HUD funds were 
committed; and based on the environmental assessments and the HUD field 
inspection, granting the waiver will not result in any unmitigated, 
adverse environmental impact.
    Contact: Lauren McNamara, Office of Energy & Environment, Office of 
Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 7250, Washington, DC 20410, 
telephone (202) 402-4466.
     Regulation: 24 CFR 92.503(b)(3).
    Project/Activity: The cities of Chesapeake, VA; Durham, NC; 
Greensboro, NC; and the states of Colorado and Virginia requested a 
waiver of 24 CFR 92.503(b)(3) that requires grant funds provided under 
the HOME Investment Partnerships (HOME) program for projects that were 
terminated before completion be repaid to the account from which they 
were disbursed.
    Nature of Requirements: The cities and states were obligated to 
repay HOME funds for projects that were terminated before completion to 
the HOME grant from which they were expended. If all or a portion of 
the total repayment was repaid to an expired account, the repayment 
would have been received by HUD but retained by the U.S. Treasury. As a 
result, the repaid funds would have been no longer available for the 
cities and states to use in eligible affordable housing activities. The 
National Affordable Housing Act states that such repaid funds shall be 
immediately available to the grantee for investment in eligible 
affordable housing activities. In these cases, compliance with the 
regulation thwarted statutory intent. The waivers were granted to 
permit the cities and states to repay their local HOME Investment Trust 
Fund accounts instead of their HOME Investment Trust Treasury accounts 
and make the repaid funds available for investment in additional HOME-
eligible activities.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary for 
Community Planning and Development.
    Dates Granted: February 17, 2012; March 16, 2012; March 19, 2012; 
March 30, 2012.
    Reasons Waived: The waivers were granted to permit the cities and 
states to repay their HOME Investment Trust Fund local accounts to make 
the funds available for eligible affordable housing activities.
    Contact: Virginia Sardone, 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 570.308(a)(1).
    Project/Activity: Because of the many problems that the city of 
Pontiac, MI experienced with regard to the administration of its 
Community Development Block Grant (CDBG) program on September 29, 2011, 
the city decided to relinquish its entitlement status and become a 
participating unit of local government in Oakland County's CDBG 
program. However, in subsequent conversations, Pontiac decided to 
retain its metropolitan city status. HUD then determined that it could 
not recognize the cooperation agreement that was executed on October 5, 
2011. Instead the city and county decided to enter into a joint 
agreement for program years 2012-2014. On March 9, 2012, the city and 
county submitted an executed joint agreement/cooperation agreement to 
HUD.
    Nature of Requirement: HUD's regulation at 24 CFR 570.308(a)(1) 
states that a joint request shall only be considered if submitted at 
the time an urban county is seeking a three year qualification or 
requalification as an urban county. In 2011, Oakland County re-
qualified as an urban county for program years 2012-2014. The urban 
county qualification/requalification process closed on September 30, 
2011.

[[Page 38311]]

    Granted By: Mercedes M[aacute]rquez, Assistant Secretary, Community 
Planning and Development.
    Date Granted: March 21, 2012.
    Reason Waived: HUD's regulation at 24 CFR 570.308(a)(1) was waived 
so that Oakland County and the city of Pontiac would be permitted to 
enter into a joint agreement after the urban county qualification/
requalification period had closed.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 7282, Washington, DC 20410, telephone (202) 708-1577.
     Regulation: 24 CFR 570.308(c).
    Project/Activity: Oakland County, MI requested a waiver for its 
2012 program year so that it would be permitted to continue to use its 
low and moderate income exception percentage of 35.3 percent when 
carrying out activities that meet the national objective of benefit to 
low and moderate income persons on an area basis. The city of Pontiac 
had relinquished its entitlement status, effective September 30, 2011, 
so that it could become a participating unit of local government in 
Oakland County's CDBG program. As a result, the urban county's low and 
moderate income exception percentage rose from 35.3 percent to 43.6 
percent for its 2012 program year. This exception percentage rose 
because of Pontiac's low and moderate income percentage of 64.9 
percent. The city and county later determined that they would enter 
into a joint agreement, which also modified the urban county's 
configuration. The rise in the county's low and moderate income 
exception percentage would impact the county's ability to carry out 
planned capital improvement and infrastructure activities in 24 of its 
51 participating units of general local government.
    Nature of Requirement: HUD's regulation at 24 CFR 570.308(c) states 
that a metropolitan city entering into a joint agreement shall be 
treated the same as any other unit of general local government which is 
part of the urban county. Therefore, similar to other participating 
units of local government within the urban county, the city's block 
groups form a part of the urban county's configuration.
    Granted By: Mercedes M[aacute]rquez, Assistant Secretary, Community 
Planning and Development.
    Date Granted: March 21, 2012.
    Reason Waived: The waiver was granted to permit the exclusion of 
the city of Pontiac's block groups in calculating Oakland County's low 
and moderate income exception percentage for its 2012 program year to 
provide ample time for planning and mitigating the effects of the 
change in the exception percentage. As a result, 24 of the county's 51 
participating units of local government would not experience the loss 
of CDBG-eligible low and moderate income areas, permitting capital 
improvement and infrastructure activities to be carried out in these 
areas.
    Contact: Gloria Coates, Office of Block Grant Assistance, 
Entitlement Communities Division, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 7282, Washington, DC 20410, telephone (202) 708-1577.
     Regulation: Sections III.B and III.C of the Notice of 
Allocations, Application Procedures, and Requirements for Homeless 
Prevention and Rapid Re-Housing Program (HPRP) Grantees under the 
American Recovery and Reinvestment of 2009 (Recovery Act of 2009), 
issued March 19, 2009 (HPRP Notice).
    Project/Activity: Collier County, FL requested a waiver of the 
subgrantee restrictions in the HPRP Notice in order to subgrant HPRP 
funds to the Collier County Housing Authority (CCHA).
    Nature of Requirement: The County requested a waiver of the 
requirement that HPRP funds can be distributed only to private 
nonprofit organizations or another local government, under Sections 
III.B and III.C of the Notice of Allocations, Application Procedures, 
and Requirements for Homelessness Prevention and Rapid Re-Housing 
Program Grantees.
    Granted By: Mercedes M[aacute]rquez. Assistant Secretary for 
Community Planning and Development.
    Date Granted: January 31, 2012.
    Reason Waived: The County provided sufficient information for HUD 
to conclude the following: (1) HPRP participants would be selected in a 
manner that would ensure CCHA residents are not unfairly selected over 
other eligible individuals and families; (2) utilizing CCHA as a 
subgrantee would result in an efficient and effective program that 
benefits HPRP participants; and (3) CCHA has the capacity to serve 
homeless persons.
    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance 
Programs, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 7262, 
Washington, DC 20410, telephone number (202) 708-4300.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 200.926d (f)(1)(i) and (f)(2)(i).
    Project/Activity: Waiver granted to permit new construction single 
family dwellings in the following boroughs of Alaska: Juneau, 
Mantanuska-Susitna, Anchorage, Bethel, North Slope (Barrow), Fairbanks 
(North Star and Southeast) and the Kenai Peninsula to rely upon 
alternative water systems.
    Nature of Requirement: FHA's Minimum Property Standards (MPS) 
regulations governing new construction for single-family dwellings 
provide, at 24 CFR 200.926d(f)(1)(i) and (f)(2)(i), that to be eligible 
for FHA insurance, each living unit within newly constructed single-
family residential property should be capable of delivering a flow of 5 
gallons per minute (gpm) over a 4 hour period in order to provide a 
continuing and sufficient supply of safe water under adequate pressure 
and appropriate quality for household use.
    Granted By: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: March 26, 2012.
    Reason Waived: In the identified boroughs of Alaska, conventional 
water supply systems, such as those required under FHA's MPS, are not 
feasible as water sources due to the unique geographical 
characteristics present there. State and local building codes in Alaska 
provide requirements for such alternative water supply systems that 
address health and safety concerns, and FHA finds these requirements to 
be adequate.
    Contact: Peter W. Gillispie, Single Family Program Development, 
Office of Housing, Department of Housing and Urban Development, 425 
Third Street, Capitol View, 5th Floor, Washington, DC 20410, telephone 
(202) 402-3368.
     Regulation: 24 CFR 232.3.
    Project/Activity: The Bay Ridge Assisted Living Facility (Bay Ridge 
facility) is a 45 unit assisted living and memory care facility located 
in Traverse City, Michigan.
    Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates 
that, in a board and care home or assisted living facility, 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.

[[Page 38312]]

    Granted By: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 26, 2012.
    Reason Waived: Most of the memory care section's residents at the 
Bay Ridge facility need assistance with bathing and present special 
circumstances that do not exist in a traditional assisted living 
facility. In terms of the building, 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) 402-2419.
     Regulation: 24 CFR 232.3.
    Project/Activity: Aim House Board and Care Facility (Aim House) 
located in Boulder, Colorado.
    Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates 
that, in a board and care home or assisted living facility, 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: February 6, 2012.
    Reason Waived: A waiver of portions of 24 CFR 232.3 eliminated the 
requirement that bathroom access from any bedroom or sleeping area must 
not pass through a public corridor or area in circumstance where access 
is gained by utilizing a common hallway shared by the residents in the 
sleeping area. The waiver would thus eliminated any violation of this 
regulatory provision that might otherwise be said to occur, in light of 
the lack of definitions of ``public corridor'' or ``public area'' 
within 24 CFR 232.3 itself.
    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) 402-2419.
     Regulation: 24 CFR 232.3.
    Project/Activity: The Brian Center Nursing Care--Low Moor (Brian 
Center) has a license for 26 beds of assisted living care. The project 
is located in Low Moor, Virginia.
    Nature of Requirement: HUD's regulation at 24 CFR 232.3 mandates 
that, in a board and care home or assisted living facility, 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: March 23, 2012.
    Reason Waived: The Brian Center facility's assisted living section 
has a significant number of residents that require assistance with 
bathing, toileting, and dressing. Consequently, having shower rooms 
outside of the units allows for a larger space, giving their staff more 
room to provide assistance to the residents. Brian Center also 
concluded that this arrangement leads to fewer falls and other shower 
mishaps. The Brian Center facility's assisted living section also meets 
the State of Virginia regulation for the ratio of showers to 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) 402-2419.
     Regulation: 24 CFR 232.505(a), 232.540(b), 232.605, 
232.620--Fire Safety Equipment Loan Program.
    Project/Activity: Supplemental Loans to Finance Purchase and 
Installation of Fire Safety Equipment.
    Nature of Requirement: HUD's requirements in 24 CFR 232.505(a), 
232.540(b), 232.606, 232.620, establish the processing requirements for 
application of insurance of a fire safety loan.
    Granted By: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: March 14, 2012.
    Reason Waived: It was determined that there was an urgent need to 
install automatic fire sprinkler systems in nursing homes due to a new 
federal mandate, and therefore the need to reduce the processing times 
to obtain insurance for the fire safety loan.
    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) 402-2419.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mound Road Apartments, Joliet, IL, Project 
Number: 071-HD164/IL06-Q091-004.
    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: January 6, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Jack & Margaret Myers Senior Residence, Rahway, 
NJ, Project Number: 031-EE074/NJ39-S091-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 19, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Shawnee Supportive Housing, Shawnee, KS, Project 
Number: 084-HD054/KS16-Q061-001.
    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: January 19, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).

[[Page 38313]]

    Project/Activity: Notestine Manor, Bellefontaine, OH, Project 
Number: 043-EE129/OH16-S091-002.
    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: February 9, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: C'est Tres Bon. Hammond, LA, Project Number: 064-
HD130/LA48-Q091-005.
    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: February 9, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI Greeley II, Greeley, CO Project Number: 101-
HD056/CO99-Q091-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: February 9, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Bii Di Gain Dash Anwebi Elder Housing, 
Incorporated, Project Number: 092-EE140/MN46-S091-005.
    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: February 16, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Monarch Place Apartments, Marion, OH, Project 
Number: 043-HD057/OH16-Q091-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: March 9, 2012.
    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: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Coretta Scott-King Apartments, Brooklyn, NY, 
Project Number: 012-EE356/NY36-S071-002.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 5, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner to 
secure additional funding, for the firm commitment to be processed and 
issued, and for the project to achieve initial closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: St. Michaels Housing, East Hampton, NY, Project 
Number: 012-EE362/NY36-S071-008.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 5, 2012.
    Reason Waived: Additional time was needed to complete the extensive 
local approval process required by the Town of East Hampton.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
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: January 6, 2012.
    Reason Waived: Additional time was needed for the project to 
achieve an initial closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration,

[[Page 38314]]

Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street SW., Room 6138, Washington, DC 20410, telephone (202) 
708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: AHEPA Apartments 63, Tallmadge, OH, 
Project Number: 042-EE218/OH12-S071-004.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 19, 2012.
    Reason Waived: Additional time was needed for the Sponsor/owner to 
resolve legal issues for this mixed finance project prior to initial 
closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Delta River Senior Village, Delta, MI, Project 
Number: 047-EE048/MI33-S081-001.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 19, 2012.
    Reason Waived: Additional time was needed to receive approval of 
the site plan from the Delta Township, issue the firm commitment, and 
to initially close the project.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Spruce Manor, Incorporated, Huntington, WV, 
Project Number: 045-HD044/WV15-Q091-001.
    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: February 6, 2012.
    Reason Waived: Additional time was needed for approval of the site, 
submission of the firm commitment application, and for the project to 
achieve an initial closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Jubilee Station, Charleston, WV, Project Number: 
045-HD045/WV15-Q091-002.
    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: February 16, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner to 
respond to deficiencies in the firm commitment, for HUD to process and 
issue the firm commitment, and the initial closing to occur.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
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: February 16, 2012.
    Reason Waived: Additional time was needed for the initial closing 
documents to be approved and for the project to be initially closed.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Orchard Housing, Springville, NY, Project Number: 
014-EE266/NY06-S071-002.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: March 2, 2012.
    Reason Waived: Additional time was needed for HUD to process and 
issue the firm commitment and for the project to achieve an initial 
closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: City of Utica Section 811 Project, Utica, NY, 
Project Number: 014-HD132/NY06-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: March 2, 2012.
    Reason Waived: Additional time was needed for HUD to issue the firm 
commitment and for the project to achieve an initial closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Woodburne House, Louisville, KY, Project Number: 
083-EE112/KY36-S081-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to

[[Page 38315]]

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: March 7, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner to 
complete technical submission items required by the Kentucky Housing 
Corporation as well as architectural drawings required by the National 
Park Service, and for the project to reach an initial closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Villa Davis, 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: March 22, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner to 
receive approval from the Phoenix City Council for additional funding, 
submit the firm commitment, and for the project to reach initial 
closing.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
Washington, DC 20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165, 24 CFR 891.830(b) and 24 CFR 
891.830(c)(4).
    Project/Activity: Vineland Avenue Senior Housing, North Hollywood, 
CA, Project Number: 122-EE213/CA16-S091-005.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis. Section 891.830(b) requires that 
capital advance funds be drawn down only in an approved ratio to other 
funds, in accordance with a drawdown schedule approved by HUD. Section 
891.830(c) (4) requires that capital advance funds be drawn down only 
in an approved ratio to other funds, in accordance with a drawdown 
schedule approved by HUD.
    Granted by: Carol J. Galante, Acting Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: January 20, 2012.
    Reasons Waived: Additional time was needed for the firm commitment 
to be issued and the start of construction on this capital advance upon 
completion mixed-finance project. HUD in its response to the public 
comments in the final rule published September 23, 2005, 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. Also, to allow the capital advance 
funds to be drawn down in a different mechanism than a pro rata basis 
in order to satisfy IRS's 50 percent test.
    Contact: Catherine M. Brennan, Acting Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6138, 
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: Clinton Public Housing Authority, (MO031), 
Clinton, MO.
    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: January 10, 2012.
    Reason Waived: The housing authority (HA) requested additional time 
to submit its fiscal year end December 31, 2010, audited submission as 
a result of reporting issues with its mixed finance project. The HA 
staff contends that it did not receive definitive guidance on financial 
reporting for this project until June 13, 2011, from their auditor. The 
fiscal year 2010 unaudited financial submission did not include the 
mixed finance project. The waiver was granted given the uniqueness of 
this situation and the reporting compliance deadlines were waived for 
45 days. The additional time would permit the HA to report the mixed 
finance project on its audited financial statements and audited 
financial data schedule. However, this Financial Assessment Subsystem 
audited submission waiver (extension) does not apply to Circular A-133 
submissions to the Federal Audit Clearinghouse. The HA is required to 
meet the A-133 due dates.
    Contact: Johnson Abraham, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 550 12th Street SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8583.
     Regulation: 24 CFR 85.36 (d)(4)(i)(C).
    Project/Activity: Cuyahoga Metropolitan Housing Authority, Miles 
Pointe Elderly and Euclid-Lee Senior projects.
    Nature of Requirement: HUD's regulation at 24 CFR 85.36(d)(4)(i)(C) 
allows HUD to authorize the procurement of a developer through a non-
competitive proposal.
    Granted by: Sandra B. Henriquez, Assistant Secretary
    Date Granted: January 30, 2012.
    Reason Waived: HUD reviewed and acknowledged the Cuyahoga 
Metropolitan Housing Authority's decision to procure Union-Miles 
Development Corporation as the developer through a noncompetitive 
proposal.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 4130, Washington, DC 20140, telephone (202) 402-4181.
     Regulation: 24 CFR 902.20.
    Project/Activity: Bessemer Housing Authority, (AL125), Bessemer, 
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

[[Page 38316]]

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: January 10, 2012.
    Reason Waived: On September 5, 2011, the housing authority (HA) was 
impacted by tropical storm Lee. The Sunset Homes property was flooded 
and suffered major damage. HA submitted that a physical inspection at 
that time in time, would unduly penalize the HA and adversely affect 
its Public Housing Assessment System (PHAS) score. The waiver was 
granted. Waiving the reporting requirements would give the HA the 
necessary time to tend to any damage caused by the storm.
    Contact: Johnson Abraham, Program Manager, NASS, Real Estate 
Assessment Center, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 550 12th Street SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8583.
     Regulation: 24 CFR 902.20.
    Project/Activity: Tuscaloosa Housing Authority, (AL077), 
Tuscaloosa, 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: January 26, 2012.
    Reason Waived: On April 27, 2011, the housing authority (HA) main 
office and most units were completely destroyed due to a tornado. The 
HA is still recovering from the destruction and the staff is working in 
temporary facilities. A physical inspection at that point in time, 
would unduly penalize the HA and adversely affect its Public Housing 
Assessment System (PHAS) score. The waiver was granted. Waiving the 
reporting requirements would give the HA the necessary time to tend to 
any damage caused by the tornado.
    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: Davis Community Housing Authority, (UT009), 
Farmington, UT.
    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: February 27, 2012.
    Reason Waived: On December 1, 2011, the housing authority (HA) 
experienced hurricane force winds that caused extensive damage to their 
properties including roofs, fences, carports, and storage areas. Many 
areas in Davis County were declared disaster areas, including some 
where HA properties are located. The Federal Emergency Management 
Association and the insurance industry classified the storm as 
``catastrophic.'' The waiver of physical inspections was granted 
because it would give the HA the necessary time to tend to any damages 
caused by the hurricane. A physical inspection at this time would 
unduly penalize the HA and adversely affect its Public Housing 
Assessment System score.
    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: Springfield Housing Authority, (MA035), 
Springfield, MA.
    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: March 2, 2012.
    Reason Waived: The housing authority (HA) was impacted by a tornado 
and a snow storm that resulted in significant damage to four of the 
HA's seven projects. These projects received extensive structural 
damage, affecting roofs, gutters and windows. The county where the HA 
is located was declared a federal disaster area as a result of the 
tornado and again declared a federal disaster areas as a result of a 
subsequent snow storm. A partial waiver was granted for the Physical 
Assessment Subsystem (PASS) inspection requirements for four of the HA 
projects because the circumstances surrounding the waiver request are 
unusual and beyond the HA's control.
    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)(B).
    Project/Activity: Cuyahoga Metropolitan Housing Authority, Miles 
Pointe Elderly and Euclid-Lee Senior projects.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) provision requires that ``if the partner and/or 
owner entity (or any other entity with and 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: January 30, 2012.
    Reason Waived: The Cuyahoga Metropolitan Housing Authority 
submitted an independent cost estimate.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Washington, DC 20140, Room 4130, telephone (202) 402-4181.
     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Housing Authority of the City of Tuscaloosa, 
Rosedale Court Redevelopment Phase I--Project  AL077000014.
    Nature of Requirement: HUD's regulation at 24 CFR 
941.606(n)(1)(ii)(B) requires that ``if the partner and/or owner entity 
(or any other entity with and identity of interest with such parties) 
wants to serve as the general contractor for the project or 
development, it may award itself the

[[Page 38317]]

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: February 29, 2012.
    Reason Waived: The Housing Authority of the City of Tuscaloosa 
submitted an independent cost estimate.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Washington, DC 20140, Room 4130, telephone (202) 402-4181.
     Regulation: 24 CFR 982.161.
    Project/Activity: The Housing Authority of the City of Los Angeles 
(HACLA) requested, on July 21, 2011, a waiver to allow Commissioner 
Margarita Garr to continue to serve on their Board. She had served on 
the Board since 2008, but a potential conflict arose because she had 
also been employed by banks that do business with HACLA.
    Nature of Requirement: HUD's regulation at 24 CFR 982.161 provides 
that neither a public housing agency (PHA) nor any of its contractors 
or subcontractors may enter into any contract or arrangement in 
connection with a PHA's tenant-based programs in which persons 
specified in the regulation have an interest, direct or indirect, 
during the tenure of the contract or one year thereafter. With respect 
to HACLA, HUD determined that there was a potential conflict because 24 
CFR 982.161 and Section 19 of the Annual Contributions Contract (ACC), 
which prevents PHAs from entering into any contract in which a member 
of their governing board has a direct or indirect interest.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: March 7, 2012.
    Reason Waived: Because of the conflict between the regulation and 
the ACC, HUD determined that good cause existed to grant the waiver 
request.
    Contact: Jessica Yuen, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 4210, Washington, DC, 20410, telephone (202) 708-6002.
     Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
    Project/Activity: Dodge County Housing Authority (DCHA), Dodge 
County, WI.
    Nature of Requirement: HUD's regulation at 24 CFR 982.503(d) allows 
HUD to consider a public housing agency's request for approval to 
establish a payment standard that is lower than the basic range of 90 
to 110 percent of the published fair market rent for each/any bedroom 
size, but HUD will not approve such payment standard amounts if the 
family share for more than 40 percent of voucher participants exceeds 
30 percent of monthly adjusted income. 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: March 9, 2012.
    Reason Waived: This waiver was granted because these cost-saving 
measures would enable the DCHA 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: Boonville Housing Authority (BHA), Boonville, NY.
    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: January 30, 2012.
    Reason Waived: This waiver was granted because this cost-saving 
measure would enable the BHA 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.

[FR Doc. 2012-15614 Filed 6-26-12; 8:45 am]
BILLING CODE 4210-67-P