Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2012, 14808-14816 [2013-05329]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14808-14816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05329]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5639-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
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 October 1, 2012, and ending on December 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 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 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 
October 1, 2012 through December 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 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 2012) before the next report is published (the first 
quarter of calendar year 2013), 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 4, 2013.
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, 2012 Through 
December 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: The City of Grafton, IL requested a waiver of 
24 CFR 58.22(a), entitled ``Limitations on Activities Pending 
Clearance,'' to permit the purchase of equipment and facility 
upgrades for a fish processing plant. A waiver was requested because 
American Heartland Fish Products, LLC., committed non-HUD funds to 
the project prior to the approval of the environmental review as 
well as prior to the submission and HUD approval of the Request for 
Release of Funds (RROF).
    Nature of Requirement: The HUD environmental regulation at 24 
CFR 58.22(a) requires: ``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 24 CFR 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

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development process may commit non-HUD funds on or undertake an 
activity or project under a program listed in 24 CFR 58.1(b) if the 
activity or project would have an adverse environmental impact or 
limit the choice of reasonable alternatives.''
    Granted By: Mark Johnston, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: October 19, 2012.
    Reason Waived: HUD determined that granting the waiver for the 
project would further the HUD mission and advance HUD program goals 
to develop viable, quality communities. American Heartland Fish 
Products, LLC., did not have prior experience administering HUD 
grants and the City of Grafton states that it did not intend to 
violate HUD's environmental requirements. HUD further determined 
that no HUD funds were committed and, based on the environmental 
assessments and the HUD field inspection, granting the waiver would 
not result in any unmitigated, adverse environmental impact.
    Contact: Nelson Rivera, Office of Environment and Energy, Office 
of Community Planning Development, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7248, Washington, DC 20410, 
telephone (202) 708-4225.
     Regulation: 24 CFR 58.22 (a).
    Project/Activity: Suffolk County, NY requested a waiver of 24 
CFR 58.22(a), entitled ``Limitations on Activities Pending 
Clearance,'' for renovations to Sag Harbor Hall in order to the 
bathrooms in order to make them handicap accessible. A waiver was 
requested because the grantee committed non-HUD funds to the project 
prior to the approval of the environmental review as well as prior 
to the submission and HUD approval of the Request for Release of 
Funds (RROF).
    Nature of Requirement: The HUD environmental regulation at 24 
CFR 58.22(a) requires: ``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 24 CFR 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 24 CFR 58.1(b) if the activity or 
project would have an adverse environmental impact or limit the 
choice of reasonable alternatives.''
    Granted By: Mark Johnston, Assistant Secretary for Community 
Planning and Development.
    Date Granted: October 31, 2012.
    Reason Waived: HUD determined that granting the waiver for the 
project would further the HUD mission and would advance HUD program 
goals to develop viable, quality communities. The grantee 
unknowingly violated the regulation. HUD determined that no HUD 
funds were committed and, based on the environmental assessments and 
the HUD field inspection, granting the waiver would not result in 
any unmitigated, adverse environmental impact.
    Contact: Kathryn Au, Office of Environment and Energy, Office of 
Community Development, Department of Housing and Urban Development, 
451 7th Street SW., Room 7248, Washington, DC 20410, telephone (202) 
708-4225.
     Regulation: 24 CFR 91.105(c)(2).
    Project/Activity: Numerous communities throughout the Mid-
Atlantic and New England experienced substantial property damage 
resulting from Superstorm Sandy in late October 2012. Starting in 
later October, 2012, the Federal Emergency Management Agency (FEMA) 
issued disaster declarations covering multiple cities and counties 
in New York, Connecticut, Rhode Island, Massachusetts, New 
Hampshire, Maryland, Virginia, West Virginia and Ohio, plus the 
District of Columbia and the entire state of New Jersey. Grantees 
affected by Superstorm Sandy requested the ability to shorten their 
citizen comment periods to seven days so that they may quickly 
reallocate Community Development Block Grant (CDBG) and HOME 
Investment Partnerships Program (HOME) funds for activities to 
assist their residents and businesses affected by the storm.
    Nature of Requirement: HUD's regulation at 24 CFR 91.105(c)(2) 
requires that citizens be provided with reasonable notice and an 
opportunity to comment on substantial amendments to its consolidated 
plan. The citizen participation plan regulations require that 
citizens be given no less than 30 days to comment on substantial 
amendments before they are implemented. Changes in the use of CDBG 
funds from one activity to another constitute a substantial 
amendment.
    Granted By: Mark Johnston, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: November 5-6, 2012.
    Reason Waived: HUD granted the requested waivers. Communities 
located in areas which received major disaster declarations by FEMA 
as a result of Superstorm Sandy were allowed to shorten their 
citizen comment periods from 30 days to 7 days so that they may 
quickly reallocate CDBG funds for activities to provide assistance 
to residents and businesses and facilitate recovery efforts from 
extensive damage caused by Superstorm Sandy.
    Contact: Steve Johnson, Director Entitlement Communities 
Division, Office of Block Grant Assistance, Office of Community 
Planning Development, Department of Housing and Urban Development, 
451 7th Street SW., Room 7282, Washington, DC 20410, telephone (202) 
708-1577.
     Regulation: 24 CFR 92.503(b)(3).
    Project/Activity: The following state and cities requested a 
waiver of 24 CFR 92.503(b)(3), which requires funds to be repaid to 
the account from which they were disbursed: State of Colorado, City 
of Augusta, GA, the City of Atlanta, GA, the City of Knoxville, TN, 
the City of San Mateo, CA, and the City of Rochester, NY.
    Nature of Requirement: HUD's regulation at 24 CFR 92.503(b)(3) 
provides as follows: ``If the HOME funds were disbursed from the 
participating jurisdiction's HOME Investment Trust Fund Treasury 
account, they must be repaid to the Treasury account. If the HOME 
funds were disbursed from the participating jurisdiction's HOME 
Investment Trust Fund local account, they must be repaid to the 
local account. If the jurisdiction is not a participating 
jurisdiction when the repayment is made, the funds must be remitted 
to HUD and reallocated in accordance with Sec.  92.454.''
    Granted By: Mark Johnston, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: October--December, 2012.
    Reasons Waived: HUD granted the waivers to permit the state and 
cities to repay their HOME Investment Trust Fund local account in 
order to make the funds available for eligible affordable housing 
activities. The state and cities 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 US Treasury. As 
a result, the repaid funds would have no longer been available for 
the state and cities to use in eligible affordable housing 
activities. The waivers permitted the state and cities to repay 
their 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.
    Contact: Virginia Sardone, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-2684.

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 part 5, subparts G and H, and 24 CFR 
part 200, subpart A and subpart P.
    Project/Activity: Co-op City is a large cooperative housing 
community in the Bronx, NY, which is home to more than 57,000 
residents. The cooperative sought to refinance its $621 million 
mortgage with an FHA-insured mortgage. FHA has statutory authority 
to refinance cooperatives and FHA has commenced but not yet 
completed promulgation of regulations that will provide the 
generally applicable requirements by which cooperatives will be 
refinanced. The FHA refinanced mortgage has a 35-year term.
    Nature of Requirement: To achieve the refinancing, several 
regulations needed to be waived. HUD's regulations in 24 CFR part 5, 
subpart G establishes uniform physical condition standards for 
housing that includes housing with mortgages insured or held by HUD. 
These requirements include an annual inspection requirement. HUD's 
regulations in 24 CFR part 5, subpart H set out uniform financial 
reporting requirements. These requirements include the submission of

[[Page 14810]]

project financial statements within 90-days of the end of the 
borrower's fiscal year. As noted earlier, although FHA has statutory 
authority under section 207 of the National Housing Act (NHA) to 
refinance the existing debt of cooperatives, HUD's regulation at 24 
CFR 200.24 in part 200, subpart A, currently limits FHA refinancing 
of existing debt under section 207 of the National Housing Act to 
the existing debt of multifamily rental projects, nursing homes, 
immediate care facilities, assisted living facilities and board and 
care homes. HUD's regulations at 24 CFR part 200, subpart P also 
impose annual inspection requirements for FHA-insured multifamily 
housing. HUD's regulation at 24 CFR 200.855 provides that the 
responsible entity for conducting the physical inspection is HUD, 
the lender, or the owner.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 3, 2012, November 7, 2012.
    Reason Waived: On November 28, 2012, the transaction for 
completing the refinancing of Co-op City's mortgage was completed. 
The described regulations were waived based on the determination 
that refinancing the existing debt of the project on more favorable 
terms would preserve needed affordable housing that is strongly 
supported by both the State of New York, and New York City. As noted 
above, although HUD has statutory authority to refinance the debt of 
existing cooperatives, HUD waived the regulatory limitation at 24 
CFR 200.24 so that HUD could proceed to refinance the existing debt 
of Co-Op city. With respect to waiver, of the Uniform Physical 
Condition Standard (UPCS) inspections requirements at 24 CFR part 5, 
subpart G, and 24 CFR part 200, subpart P, the waiver provides for 
the physical inspections on the residential and commercial 
components of the project to be conducted by the borrower rather 
than the responsible entity pursuant to 24 CFR Part 200, subpart P. 
With respect to the financial reporting requirements of 24 CFR part 
5, subpart H, given the size of the project, HUD recognized that it 
is unlikely that the borrower would be able to submit the financial 
report within the regulatory 90-day timeframe, and allowed the 
borrower additional time, 120 days after fiscal year end to submit 
the financial statement.
    Contact: Mark B. Van Kirk, Director, Office of Multifamily Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 6160, Washington, DC 20410, 
telephone (202) 708-3730.
     Regulation: 24 CFR 200.24.
    Project/Activity: Coronado Gardens Cooperative of Lansing, MI, 
seeking refinancing of its existing debt under section 207 pursuant 
to provisions of section 223(f) of the National Housing Act.
    Nature of Requirement: FHA has statutory authority under section 
207 of the National Housing Act (NHA) to refinance the existing debt 
of cooperatives. However, HUD's regulation at 24 CFR 200.24 in part 
200, subpart A, currently limits FHA refinancing of existing debt 
under section 207 of the National Housing Act to the existing debt 
of multifamily rental projects, nursing homes, immediate care 
facilities, assisted living facilities and board and care homes. The 
regulation does not include the refinancing of existing debts of 
cooperatives. Although FHA commenced rulemaking to include 
cooperatives, FHA has not yet completed promulgation of regulations 
that will provide the generally applicable requirements by which 
cooperatives will be refinanced.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 23, 2012.
    Reason Waived: The regulation was waived based on the 
determination that refinancing the debt at more favorable terms 
would preserve needed affordable housing.
    Contact: Barbara Chiapella, Director, Detroit Multifamily HUB, 
Office of Housing, Department of Housing and Urban Development, 477 
Michigan Avenue, Room 1620 Detroit, MI 48226, telephone (313) 226-
7900, extension 8207.
     Regulation: 24 CFR 203.37a(b)(2).
    Project/Activity: The waiver applies to individuals nationwide 
seeking FHA-insured single family forward mortgage financing (unless 
specifically exempt) to purchase properties within 90 days after 
acquisition by the seller.
    Nature of Requirement: The eligibility of a property for an FHA-
insured mortgage depends on the time that has elapsed between the 
date the seller acquired the property and the date of execution of 
the sales contract that will result in the FHA mortgage insurance 
(the re-sale date). If the re-sale date is 90 days or less following 
the date of acquisition by the seller, the property is not eligible 
for an FHA-insured mortgage.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 26, 2012.
    Reason Waived: The waiver, which was published in the Federal 
Register on November 29, 2012, at 77 FR 71099, is an extension of a 
waiver first granted in January 2010. Through the waiver, FHA 
encourages investors who specialize in acquiring and renovating 
properties to renovate foreclosed and abandoned homes, with the 
objective of increasing the availability of affordable homes for 
first-time and other purchasers, helping to stabilize real estate 
prices as well as neighborhoods and communities where foreclosure 
activity has been high. The waiver is applicable to all single 
family properties being resold within the 90-day period after prior 
acquisition, and is not limited to foreclosed properties. 
Additionally, the waiver is subject to certain conditions, and 
mortgages must meet these conditions to be eligible for the waiver.
    Contact: Karin B. Hill, Director, Office of Single Family 
Program Development, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 9278, Washington, DC 
20410, telephone (202) 708-2121.
     Regulation: 24 CFR 232.3.
    Project/Activity: Cambria Care Center of Cambria Township, PA, 
will convert 40 beds to assisted living facility that will be in 29 
units. The converted units will serve memory care residents. 
Currently, the facility is a skilled nursing facility.
    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. 
The regulation also requires that the bathroom cannot be accessed 
from a public corridor or area.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: October 31, 2012.
    Reason Waived: The Center requested and was granted a waiver of 
the requirement to have one full bathroom for every four residents. 
The Center advised that the memory care residents of Cambria Care 
Center will be assisted and supervised, while bathing, and that the 
bathing/shower rooms are specifically designed to provide enough 
space for staff to safety assist the residents. Cambria Care Center 
advised that this arrangement will be safer for the residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20410, telephone (202) 402-2419.
     Regulation: 24 CFR 232.3.
    Project/Activity: Chandler House of Yakima, WA, has a license 
for 36 dementia care beds operating in two separate buildings.
    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, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 21, 2012.
    Reason Waived: Chandler House requested and was granted a waiver 
of the requirement to have one full bathroom for every four 
residents. Chandler House advised that the residents of Chandler 
House need assistance and supervision while bathing, and that the 
bathing/shower rooms are specifically designed to provide enough 
space for staff to safety assist the residents. Chandler House 
advised that this arrangement is safer for the residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20410, telephone (202) 402-2419.
     Regulation: 24 CFR 232.3.
    Project/Activity: The Marquis at Autumn Hills (Autumn Hills) of 
Portland, OR, has a license for 22 beds in 15 units. Currently, 
Autumn Hills serves 22 residents affected by Alzheimer/memory care.
    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. 
The regulation also requires that the bathroom cannot be accessed 
from a public corridor or area.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 14811]]

    Date Granted: November 21, 2012.
    Reason Waived: Autumn Hills requested and was granted a waiver 
of the requirement to have one full bathroom for every four 
residents. HUD granted the waiver on the basis that the facility 
advised the Alzheimer/memory care residents of Autumn Hills are 
fully assisted and supervised while bathing, and that this allows 
for staff to provide assistance to the residents. Autumn Hills 
advised that this arrangement is safer for the residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20410, telephone (202) 402-2419.
     Regulation: 24 CFR 232.3.
    Project/Activity: Countryside Living of Canby (Canby) of Canby, 
OR, is an assisted living facility and has a license for 35 beds in 
21 units. Currently, Canby serves Alzheimer care residents.
    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.
    Granted By: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 21, 2012.
    Reason Waived: The assisted living facility requested and was 
granted a waiver of the requirement to have one full bathroom for 
every four residents. HUD granted the waiver on the basis that the 
facility advised that the Alzheimer care residents of Canby all need 
assistance with bathing, and that the bathing/shower rooms provide 
enough space for staff to safely assist the residents. Canby advised 
that this arrangement is safer for the residents.
    Contact: Vance T. Morris, Special Assistant, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20410, telephone number (202) 402-2419.
     Regulation: 24 CFR part 234, as revised and implemented 
by Mortgagee Letters (ML) 2009-46a and 2009 46b, as authorized by 
the Housing and Economic Recovery Act of 2008 (HERA), and more 
recently M L 2011-22, Condominium Project Approval and Processing 
Guide, Insurance Requirements issued June 30, 2011 (the requirements 
of this Guide serve as the current condominium regulations until the 
rule has been promulgated).
    Project/Activity: Anchorage Borough, State of Alaska.
    Nature of Requirement: Condominium projects not meeting FHA's 
definition of site condominiums require full project review and 
approval. The homeowners' association is required to maintain 
adequate ``master or blanket'' property insurance in an amount equal 
to 100 percent of current replacement costs of the condominium 
exclusive of land, foundation, excavation and other items normally 
exclude from coverage and other insurances.
    Granted By: Carol Galante, Assistant Secretary of Housing--
Federal Housing Commissioner.
    Date Granted: December 14, 2012.
    Reason Waived: It was determined that the granting of the waiver 
would serve to retain the availability of over 1,100 affordable 
housing units in the Alaska housing market. The waiver would allow 
for the individual unit owners to obtain and maintain individual 
hazard, flood, liability and other insurance required by state or 
local condominium laws while the individual homeownership 
association takes the necessary time to amend their legal documents 
and transition their project's property insurance coverage and other 
insurances to a blanket/master policy while continuing to provide an 
affordable housing opportunity to FHA-qualified buyers.
    Contact: Joanne B. Kuczma, Housing Program Officer, Office of 
Single Family Program Development, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street SW., Room 9278, 
Washington, DC 20410, telephone (202)708-2121.
     Regulation: 24 CFR part 234, as revised and implemented 
by Mortgagee Letters (ML) 2009-46a and 2009 46b, as authorized by 
the Housing and Economic Recovery Act of 2008 (HERA), and more 
recently M L 2011-22, Condominium Project Approval and Processing 
Guide, Insurance Requirements issued June 30, 2011 (the requirements 
of this Guide serve as the current condominium regulations until the 
rule has been promulgated).
    Project/Activity: Anchorage Borough, State of Alaska.
    Nature of Requirement: HUD's insurance requirements are cited in 
Section 2.1.9 of the Guide, which require the homeowner association 
(HOA) to carry master/blanket hazard, flood, liability and any other 
insurance required by state or local condominiums laws.
    Granted By: Carol J. Galante, Assistant Secretary of Housing-
Federal Housing Commissioner.
    Date Granted: December 14, 2012.
    Reason Waived: Certain condominium projects in Alaska were 
developed as common interest developments and classified as Site 
Condominiums as defined by Alaska zoning and building codes. These 
buildings are typically constructed as attached duplex structures 
within the project boundaries. The Covenants, Conditions and 
Restrictions (CC&R's) of the project, define specific 
responsibilities of the HOA and the unit owners. Pursuant to 
provisions contained in the CC&R's of these projects, the structure, 
unit, and any personal property within the unit, must be insured by 
the individual unit owner, these are not considered as common area, 
and it is not the responsibility of the HOA to maintain the 
insurance.
    Although these developments are classified as Site Condominiums 
by Alaska zoning and building codes, these improvements conflict 
with HUD's definition of a site condominium cited in Section 1.8.1 
of the Guide. Therefore, these projects require full project 
approval and compliance with all HUD's requirements cited in the 
Guide including the requirement that the HOA maintains a master/
blanket hazard, flood, liability and any other insurance required by 
state or local condominium laws.
    Granting of a one year waiver does not violate any statutory 
requirements and will serve to retain the availability of over 1,100 
affordable housing units in the Anchorage housing market. The 
granting of the waiver also provides the individual HOA time to 
amend their legal documents and transition their project's property 
insurance coverage to a blanket/master policy, while continuing to 
provide an affordable housing opportunity to FHA qualified buyers.
    Contact: Bill Schuler, Chief, Technical Branch 2, Department of 
Housing and Urban Development, Santa Ana Homeownership Center, 34 
Civic Center Plaza, Santa Ana, CA. 92701, telephone (714) 796-1200, 
extension 3449.
     Regulation: 24 CFR 266.410(d) and 266.505(b)(9).
    Project/Activity: Risk Sharing program administered by the 
California Housing Finance Agency (CalHFA).
    Nature of Requirement: The applicable regulations for the Risk 
Sharing program are 24 CFR 266.410(d) and 266.505 (b)(9), and the 
regulations require that the mortgagor must be a single asset 
mortgagor and operate as a single asset mortgagor.
    Granted By: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 29, 2012.
    Reason Waived: The waiver will facilitate the acquisition/
rehabilitation of the subject projects as affordable housing. These 
two properties have been awarded funding under the State of 
California Department of Treasury's New Issue Bond Program (NIBP). 
The NIBP application was submitted as a single scattered site 
development and as such received a single bond allocation. The time 
constraints of the bond program do not allow for formation of a 
separate single asset mortgagor entity for each property.
    Contact: Robert Arbios, Director of Policy Division, Office of 
Multifamily Development, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street SW., Washington, DC 20410-
8000, telephone (202)402-2913.
     Regulation: 24 CFR 401.460(b).
    Project/Activity: New Horizon Village, Kalamazoo, MI.
    Nature of Requirement: The regulation prohibits a difference 
between the amortization and the term of the loan. The project has a 
Fannie Mae first mortgage loan that would have a 30 year 
amortization, but a 16 year term.
    Granted By: Carol J. Galante, Acting Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: November 21, 2012.
    Reason Waived: The waiver was granted for the following reasons. 
The Fannie Mae first mortgage would not be FHA insured and the 
second (MRN) and third (CRN) mortgages would be assigned to a 
Qualified Non Profit (QNP). As a result the discrepancy between the 
amortization period and the term of the loan would present no risk 
to the FHA Insurance Fund. Secondly, real estate loans are often 
refinanced well in advance of the long-term maturity date of the 
loan due to

[[Page 14812]]

changing capital needs, so the 16 year term was not considered a 
significant risk factor by the Office of Affordable Housing 
Preservation (OAHP).
    Contact: Claude Dickson, Bonds and Appeals Manager, Office of 
Affordable Housing Preservation, Department of Housing and Urban 
Development, 451 7th Street SW., Washington, DC 20410-8000, 
telephone (202) 402-8372.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Thomas Patrick Maroney Unity Apartments, Inc., 
Charleston, WV.
    Project Number: 045-HD046/WV15-Q101-001.
    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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 21, 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, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Newbury Senior Housing, Newbury, NH, Project 
Number: 024-EE120/NH36-S081-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing. 
Section 891.165 provides that the duration of the fund reservation 
of the capital advance is 18 months from the date of issuance with 
limited exceptions up to 24 months, as approved by HUD on a case-by-
case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 21, 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. Also, additional time was needed for HUD to issue the firm 
commitment and for the project to achieve an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Walnut Housing, West Seneca, NY, Project 
Number: 014-EE269/NY06-S081-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 28, 2012.
    Reason Waived: Additional time was needed because of significant 
delays due to local opposition and a new site had to be secured 
twice.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: The Woods of Crooked Creek Apartments, 
Indianapolis, IN, Project Number: 073-HD087/IN36-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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 28, 2012.
    Reason Waived: Additional time was needed for the project to get 
to an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Kenyon Terrace Apartments, South Kingstown, 
RI, Project Number: 016-HD063/RI43-Q091-006.
    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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 28, 2012.
    Reason Waived: Additional time was needed to submit the firm 
commitment application and achieve an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Westcliff Heights Senior Apartments, Las 
Vegas, NV, Project Number: 125-EE131/NV25-S081-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 5, 2012.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed and for the project to get to 
an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 5, 2012.
    Reason Waived: Additional time was needed for the firm 
commitment application to be processed and for the project to get to 
an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Acorn Walk (Franklin Foundation), Kettering, 
OH, Project Number: 046-EE101/OH10-S091-003.
    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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 19, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner 
to resolve budget issues as a result of the flood insurance 
requirement and increases by the contractor.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Bella Vista Apartments, Tucson, AZ, Project 
Number: 123-HD045/AZ20-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.

[[Page 14813]]

    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 31, 2012.
    Reason Waived: Additional time was needed for the project to 
reach initial closing and start of construction.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: CPNJ Livingston Residence, Livingston, NJ, 
Project Number: 031-HD157/NJ39-Q081-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing
    Commissioner.
    Date Granted: October 31, 2012.
    Reason Waived: Additional time was needed for the project to 
reach an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Teaneck Senior Housing, Teaneck, NJ, Project 
Number: 031-EE077/NJ39-S091-004.
    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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 8, 2012.
    Reason Waived: Additional time was needed for the firm 
commitment application to be completed, submitted and reviewed and 
for the project to reach an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Barringer Gardens, Charlotte, NC, Project 
Number: 053-EE199/NC19-S091-012.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 21, 2012.
    Reason Waived: Additional time was needed for the sponsor/owner 
to redesign the proposed development based on a reduction in the 
number of mixed-finance units and for the North Carolina Housing 
Finance Agency's review redesign.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Spencer House II, Boston, MA, Project Number: 
023-EE235/MA06-S091-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: Carol J. Galante, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 21, 2012.
    Reason Waived: Additional time was needed for the project to 
achieve an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., 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, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 5, 2012.
    Reason Waived: Additional time was needed for the project to 
achieve an initial closing.
    Contact: Catherine M. Brennan, Director, Office of Housing 
Assistance and Grant Administration, Office of Housing, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410, telephone (202) 708-3000.
     Regulation: 24 CFR 891.165, 891.830(b), 891.830(c)(4), 
and 891.830(c)(5).
    Project/Activity: Kellgren Senior Apartments, Petaluma, CA, 
Project Number: 121-EE232/CA39-S101-009.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis. 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) prohibits the 
capital advance funds from paying off bridge or construction 
financing, or repaying or collateralizing bonds. Section 
891.830(c)(5) requires the capital advance drawdown to be consistent 
with the ratio of the 202 supportive housing units to other units.
    Granted by: Carol J. Galante, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: November 1, 2012.
    Reason Waived: Additional time was needed for the firm 
commitment to be issued and the start of construction to occur. 
Also, 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, waivers were granted to 
permit capital advance funds to be drawn down in one requisition, to 
pay off that portion of construction financing that strictly relate 
to capital advance eligible costs after completion of construction 
at initial/final closing. Also, a 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: Catherine M. Brennan, Director, Office of Housing 
Assistance and
    Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 7th Street SW., 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: Omaha Housing Authority (NE001), Omaha, NE.
    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: November 12, 2012.
    Reason Waived: On March 22, 2012, a contract to perform the 
Omaha Housing Authority (OHA) audit was awarded to the Reznick 
Group. However, on May 15, 2012, the Reznick Group withdrew from the 
project. OHA worked quickly and on June 1, 2012, awarded a new 
contract to Hayes and Associates. On June 20, 2012, HUD began a 
forensic audit and review of OHA's operations dating back to 2006. 
As a result of these two issues, additional time was

[[Page 14814]]

granted to complete the audit and submit the data to REAC.
    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 85.6(c), 24 CFR 85.31.
    Project/Activity: Alaska Housing Finance Corporation, Anchorage, 
Alaska (Agency).
    Nature of Requirement: HUD's regulations at 24 85.6(c) and 85.31 
provide that real property will be used for the originally 
authorized purposes as long as needed for that purposes, and the 
grantee or subgrantee shall not dispose of or encumber its title or 
other interests. When real property is no longer needed for the 
originally authorized purpose, the grantee or subgrantee is to 
request disposition instructions from the awarding agency affected. 
The instructions will provide for one of the following alternatives: 
(1) Retain the title after compensating the awarding agency. The 
amount paid to the awarding agency will be computed by applying the 
awarding agency's percentage of participation in the cost of the 
original purchase to the fair market value of the property. However, 
in those situations where a grantee or subgrantee is disposing of 
real property acquired with grant funds and acquiring replacement 
real property under the same program, the net proceeds from the 
disposition may be used as an offset to the cost of the replacement 
property. (2) Sell the property and compensate the awarding agency. 
The amount due to the awarding agency will be calculated by applying 
the awarding agency's percentage of participation in the cost of the 
original purchase to the proceeds of the sale after deduction of any 
actual and reasonable selling and fixing-up expenses. If the grant 
is still active, the net proceeds from sale may be offset against 
the original cost of the property. When a grantee or subgrantee is 
directed to sell property, sales procedures are to be followed that 
provide for competition to the extent practicable and result in the 
highest possible return. (3) Transfer title to the awarding agency 
or to a third party designated/approved by the awarding agency. The 
grantee or subgrantee shall be paid an amount calculated by applying 
the grantee or subgrantee's percentage of participation in the 
purchase of the real property to the current fair market value of 
the property.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
& Indian Housing.
    Date Granted: December 11, 2012.
    Reason Waived: The Agency requested to release the Declaration 
of Trust (DOT) and reassign the property to its Central Office Cost 
Center (COCC) pursuant to 24 CFR 85.31 and PIH Notice 2008-17, 
Guidance on Disposition of Excess Equipment and Non-Dwelling Real 
Property Under Asset Management. The agency found that the non-
dwelling property, used to support public housing functions, to be 
excess to the needs of its public housing projects as a result of 
the conversion to asset management. Due to various physical 
limitations the agency constructed a new facility, which now houses 
all the functions that had been located at the property. 
Additionally, the agency requested an exemption in accordance with 
24 CFR 85.6(c) to reimburse the federal government for its equity in 
the project. HUD found that the agency presented good cause and 
approved a conditional release of the DOT and reassignment of the 
property to the agency's COCC. HUD further found that the Agency 
presented good cause for an exemption under 24 CFR 85.31 and 
therefore agreed to waive the requirements to reimburse HUD for its 
participation in the property, with the following conditions: (1) 
The action is approved by the Board of the Agency; (2) the 
reassignment is included in the Agency's PHA plan; and (3) in the 
event that the property is sold within ten years from the date of 
the approval, proceeds from the sale must be used for low income 
housing purposes as defined in the United States Housing Act of 
1937.
    Contact: Claudia J. Yarus, Department of Housing and Urban 
Development, Office of Public and Indian Housing, Real Estate 
Assessment Center (REAC), 550 12th Street SW., Suite 100, 
Washington, DC 20410, telephone (202) 475-8830.
     Regulation: 24 CFR 902.20.
    Project/Activity: Hackleburg Housing Authority (AL076), Guin, 
AL.
    Nature of Requirement: The purpose 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 04, 2012.
    Reason Waived: Due to severe property damage as a result of a 
tornado on April 27, 2011, the Housing Authority (HA) lost a total 
of 24 units, saw extensive damage to another 16 units, and suffered 
damage to the main office and maintenance buildings. The HA 
anticipated restoration of 20 units and the buildings by the end of 
year. The HA was previously granted a waiver from the PASS physical 
inspections for the FYE March 31, 2011. The waiver was granted 
because circumstances surrounding the waiver request were 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 982.201(e).
    Project/Activity: Houston Housing Authority (HHA), Houston, TX.
    Nature of Requirement: HUD's regulation at 982.201(e) states 
that the public housing agency (PHA) must receive information 
verifying that an applicant is eligible within the period of 60 days 
before the PHA issues a voucher to the applicant.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: November 21, 2012.
    Reason Waived: This waiver was granted to allow the HHA to issue 
vouchers to HUD-Veterans Affairs Supportive Housing (VASH) families 
before verifying eligibility. However, eligibility must be verified 
before the effective date of the housing assistance payments (HAP) 
contract.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(c)(4).
    Project/Activity: Fairfield Housing Authority (FHA), Fairfield, 
CT.
    Nature of Requirement: HUD's regulation at 982.505(copyright)(4) 
states that, if the payment standard amount is increased during the 
term of the housing assistance payments (HAP) contract, the 
increased payment standard shall be used to calculate the monthly 
HAP for the family beginning at the effective date of the family's 
first regular reexamination on or after the effective date of the 
increase in the payment standard amount.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: November 1, 2012.
    Reason Waived: This waiver was granted to alleviate any rent 
burden that may have resulted through the implementation of a 
previous waiver that allowed FHA to lower payment standards before a 
family's second regular reexamination after the increase.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Diego Housing Commission (SDHC), San 
Diego, CA.
    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 1, 2012.
    Reason Waived: SDHC advised that the client is disabled and 
required an exception payment standard to move to a new unit that 
accommodates her needs. To provide this reasonable accommodation so 
the client could be assisted in this new unit and pay no more than 
40 percent of her adjusted income toward the family share, the SDHC 
requested and 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

[[Page 14815]]

Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-
0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Sioux Falls Housing and Redevelopment 
Commission (SFHRD), Sioux Falls, SD.
    Nature of Requirement: HUD's regulation at 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 for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: November 21, 2012.
    Reason Waived: SFHRD advised that the client is disabled and 
required an exception payment standard to continue her occupancy in 
her current unit that meets her health needs. To provide this 
reasonable accommodation so the client could be assisted in this 
unit and pay no more than 40 percent of her adjusted income toward 
the family share, the SFHRD requested and 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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 982.505(d).
    Project/Activity: Parma Public Housing Agency (PPHA), Parma, OH.
    Nature of Requirement: HUD's 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 for the unit size.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: October 5, 2012.
    Reason Waived: PPHA advised that the participant, who is 
disabled, required an exception payment standard to move to a new 
unit that met her needs. The PPHA requested and 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 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.6(a).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA.
    Nature of Requirement: HUD's regulation at 24 CFR 983.6(a) 
states that a public housing agency (PHA) may select owner proposals 
to provide project-based voucher (PBV) assistance for up to 20 
percent of the amount of budget authority allocated to the PHA by 
HUD in the PHA voucher program. Although this regulation reflects a 
statutory, statutory authority allows for statutory waivers to be 
granted for the HUD-Veterans Affairs Supportive Housing (VASH) 
program.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: December 6, 2012.
    Reason Waived: The city's campaign, ``San Francisco homes for 
Heroes,'' was unsuccessful and veterans were unable to access 
affordable housing. The waiver was therefore granted to allow SFHA 
to attach PBV to all of its HUD-VASH vouchers to meet the needs of 
chronically homeless veterans.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.55(b).
    Project/Activity: Housing Authority of Baltimore City (HABC), 
Baltimore, MD.
    Nature of Requirement: HUD's regulation at 24 CFR 983.55(b) 
states that a public housing agency may not enter into an Agreement 
to enter into a Housing Assistance Payments contract (AHAP) until 
HUD or an independent entity approved by HUD has conducted any 
required subsidy layering review and determined that the PBV 
assistance is in accordance with HUD subsidy layering requirements.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: October 24, 2012.
    Reason Waived: This waiver was granted to meet a low-income 
housing tax credit deadline with assurances that no vertical 
construction will begin before the execution of the AHAP.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.55(b).
    Project/Activity: Brownsville Housing Authority (BHA), 
Brownsville, TX.
    Nature of Requirement: HUD's regulation at 24 CFR 983.55(b) 
states that a public housing agency may not enter into an Agreement 
to enter into a Housing Assistance Payments contract until HUD or an 
independent entity approved by HUD has conducted any required 
subsidy layering review and determined that the PBV assistance is in 
accordance with HUD subsidy layering requirements.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: December 4, 2012.
    Reason Waived: This waiver was granted based on the critical 
role this affordable housing plays in Brownsville's community 
revitalization plan, the risk to the viability of the housing 
without the PBV investment as well as the owner's commitment to 
affirmatively market the units to veterans.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
    Regulation: 24 CFR 983.152(b).
    Project/Activity: Fayetteville Metropolitan Housing Authority 
(FMHA), Fayetteville, NC.
    Nature of Requirement: HUD's regulation at 24 CFR 983.152(b) 
states that a public housing agency (PHA) must enter into an 
Agreement to enter into a Housing Assistance Payments contract 
(AHAP). In the AHAP the owner agrees to develop the contract units 
to comply with housing quality standards and the PHA agrees that, 
upon timely completion of such development in accordance with the 
terms of the AHAP, the PHA will enter into a HAP contract with the 
owner for the contract units.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: November 6, 2012.
    Reason Waived: This waiver was granted because FMHA acted in 
accordance with previous guidance regarding the start of 
construction which may not begin before the AHAP is executed.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.206(b).
    Project/Activity: Franklin County Regional Housing and 
Redevelopment Authority (FCRHRA), Franklin County, MA.
    Nature of Requirement: HUD's regulation at 24 CFR 983.206(b) 
states that, at the discretion of the public housing agency (PHA) 
and provided that the total number of units in a project that will 
receive PBV assistance or other project-based assistance will not 
exceed 25 percent of the number of dwelling units (assisted or 
unassisted) in the project or the 20 percent of authorized budget 
authority, a housing assistance payments (HAP) contract may be 
amended during the three-year period immediately following the 
execution date of the HAP contract to add additional PBV contract 
units in the same project.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: December 29, 2012.
    Reason Waived: This waiver was granted since the 14 added units 
could have been included as excepted units under the original PBV 
HAP contract and the action to add these units was delayed beyond 
three years due to processing.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

[[Page 14816]]

     Regulation: 24 CFR 984.303(d).
    Project/Activity: Ithica Housing Authority (IHA), Ithica, NY.
    Nature of Requirement: HUD's regulation at 24 CFR 984.303(d) 
limits the extension of a family self-sufficiency (FSS) contract by 
a public housing agency to two years beyond the initial five-year 
term.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: October 1, 2012.
    Reason Waived: This waiver was granted due to allow the FSS 
participant, a person with disabilities who had a series of physical 
injuries during the term of her FSS contract, to complete her 
education and employment goals. An additional year was granted.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 985.105(d).
    Project/Activity: Mid-Iowa Regional Housing Authority (MIRHA), 
Fort Dodge, IA.
    Nature of Requirement: HUD's regulation at 24 CFR 985.105(d) 
states that HUD must conduct an on-site confirmatory review of a 
public housing authority's performance before changing any annual 
overall performance rating from troubled to standard or high 
performer under the Section Eight Management Assessment Program.
    Granted By: Sandra B. Henriquez, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: November 6, 2012.
    Reason Waived: HUD granted the waiver because, pursuant to the 
on-site assessment, a corrective action plan was submitted and 
approved. Documentation regarding a quality control policy procedure 
and the use and provision of such logs verified to the HUD field 
office the correction of the failed indicators and, therefore, an 
additional review was not warranted.
    Contact: Laure Rawson, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4210, Washington, DC 20410, 
telephone (202) 708-0477.

[FR Doc. 2013-05329 Filed 3-6-13; 8:45 am]
BILLING CODE 4210-67-P