[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Notices]
[Pages 56398-56408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27901]



[[Page 56397]]

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

Part III





Department of Housing and Urban Development





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



Notice of Regulatory Waiver Requests Granted for the Second Quarter of 
Calendar Year 2001; Notice

  Federal Register / Vol. 66, No. 216 / Wednesday, November 7, 2001 / 
Notices  

[[Page 56398]]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4682-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2001

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of the granting of regulatory waivers from April 1, 
2001, through June 30, 2001.

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

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 must cover the quarterly period since the 
most recent 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 
quarter beginning on April 1, 2001 and ending on June 30, 2001.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Room 10282, Department of Housing and Urban Development, 
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3055 
(this is not a toll-free number). Hearing or speech-impaired persons 
may access this number via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8391.
    For information concerning a particular waiver action 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 waiver-grant actions.

SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development 
Reform Act of 1989 (the ``HUD Reform Act''), the Congress adopted, at 
HUD's request, legislation to limit and control the granting of 
regulatory waivers by HUD. Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(2 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 rank 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;
    e. State how additional information about a particular waiver grant 
action 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.
    Today's document follows publication of HUD's Statement of Policy 
on Waiver of Regulations and Directives issued by HUD on April 22, 1991 
(56 FR 16337). This notice covers HUD's waiver-grant activity from 
April 1, 2001 through June 30, 2001. 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 Housing, 
the Office of Public and Indian Housing, etc.). Within each program 
office grouping, the waivers are listed sequentially by the section of 
title 24 being waived. For example, a waiver grant action involving the 
waiver of a provision in 24 CFR part 58 would come 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 in title 24 that is being 
waived as part of the waiver-grant action. For example, a waiver of 
both 58.73 and 58.74 would appear sequentially in the listing under 
58.73.
    Waiver-grant actions involving the same initial regulatory citation 
are in time sequence beginning with the earliest-dated waiver grant 
action.
    Should HUD receive additional reports of waiver actions taken 
during the period covered by this report before the next report is 
published, the next updated report will include these earlier actions, 
as well as those that occurred between July 1, 2001 through September 
30, 2001.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: October 29, 2001.
Alphonso Jackson,
Deputy Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development April 1, 
2001 Through June 30, 2001

    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 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 Fair Housing and 
Equal Opportunity.
III. Regulatory waivers granted by the Office of Housing.
IV. Regulatory waivers granted by the Office of Multifamily Housing 
Assistance Restructuring.
V. 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 waiver actions, 
please see the name of the contact person who immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 91.520(a).
    Project/Activity: The City of Moline, Illinois, requested a 
waiver of the submission deadline for the City's 2000 program year 
CAPER.
    Nature of Requirement: 24 CFR 91.520(a) requires each grantee to 
submit a performance report to HUD within 90 days after the close of 
the grantee's program year.
    Granted By: Donna M. Abbenante, Acting General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 22, 2001.
    Reasons Waived: The extension was needed because the key person 
responsible for the report was replaced. The new staff person is 
unfamiliar with the CAPER requirements and needs additional time to 
complete the report. The Department determined that there was good 
cause to grant the waiver. While submission of a timely report is 
important, it is also important to ensure that the report submitted 
is accurate. The City received an extension to August 31, 2001 to 
submit its CAPER.
    Contact: Cornelia Robertson-Terry, Office of Community Planning 
and Development, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410; Room 7152 (202) 708-2565, 
ext.4556.

     Regulation: 24 CFR 92.212(b).
    Project/Activity: Wharton County, Texas requested a waiver of 
the HOME pre-award

[[Page 56399]]

costs requirements. The County must prepare a Consolidated Plan and 
does not have funds to pay the administrative costs associated with 
the development of a Consolidated Plan.
    Nature of Requirement: 24 CFR 92.12(b) limits pre-award costs 
for administrative and planning expenses to costs incurred after the 
beginning of a participating jurisdiction's (PJ) consolidated 
program year.
    Granted By: Donna M. Abbenante, Acting General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: June 15, 2001.
    Reasons Waived: HUD determined that there was good cause for the 
waiver and failure to grant the waiver would create a significant 
hardship for the County. The PJ is not a CDBG entitlement community 
and does not receive any CDBG funds. The preparation of a 
Consolidated Plan is a new undertaking.
    Contact: Cornelia Robertson-Terry, Office of Community Planning 
and Development, Department of Housing and Urban Development, 451 
Seventh Street, SW, 20410, Room 7152, telephone: (202) 708-2565, 
ext.4556.

II. Regulatory Waivers Granted by the Office of Fair Housing and Equal 
Opportunity

    For further information about the following waiver actions, 
please see the name of the contact person who immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 115.207(d)(1).
    Project/Activity: Rockland County Commission on Human Rights, 
Rockland County, New York `` Certification of Substantially 
Equivalent Agencies and the Fair Housing Assistance Program.
    Nature of Requirement: The regulation at Sec. 115.207(d)(1), 
restricts the term of the Agreement for the Interim Referral of 
Complaints and Other Utilization of Services (interim agreement) to 
no more than three years.
    Granted By: Floyd O. May, Deputy Assistant Secretary for 
Operations and Management.
    Date Granted: March 1, 2001.
    Reason Waived: During the second year of the interim agreement, 
Rockland County Commission on Human Rights (RCCHR) developed 
unexpected problems. During the third year, the Department provided 
RCCHR with a Performance Improvement Plan. RCCHR is now performing 
in a satisfactory manner and has the ability to fulfill its 
programmatic obligations. This waiver extended the interim agreement 
of RCCHR and authorized RCCHR to continue receiving capacity 
building funds for a fourth year.
    Contact: Kenneth J. Carroll, Office of Fair Housing and Equal 
Opportunity, Office of Programs, FHIP/FHAP Support Division, 
Department of Housing and Urban Development, Room 5222, 451 Seventh 
Street, SW, Washington, DC 20410; telephone: (202) 708-0883, 
extension 7407.

III. Regulatory Waivers Granted by the Office of Housing

    For further information about the following waiver actions, 
please see the name of the contact person who immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 200.85(b).
    Project/Activity: Lambert House North, South and East Project 
Numbers 012-55125, 012-55240, 012-55250, New York, New York.
    Nature of Requirement: Section 200.85(b) prohibits an inferior 
lien from being placed on a property with a HUD-insured mortgage, 
which will be repaid from mortgage proceeds other than surplus cash 
or residual receipts, except in the case of the inferior lien 
created by an operating loss insured pursuant to section 223(d) of 
the National Housing Act (12 U.S.C. 1701 et seq.), or a supplemental 
loan insured pursuant to section 241 of the National Housing Act.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing-Federal Housing Commissioner.
    Date Granted: April 9, 2001.
    Reason Waived: This waiver was granted after the New York 
Multifamily Hub's review of the owner's budget submission and 
determination that the projects are generating sufficient funds to 
support the pay back of the new uninsured loans. Allowing this loan 
to be serviced from operating cash will enable these projects to be 
repaired and continue to serve as an affordable housing resource for 
the public.
    Contact: Ronald W. Wallace, Field Asset Management Division, 
Office of Asset Management, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 6176, Washington, DC 20410; 
telephone: (202) 708-0614, extension 2590.

     Regulation: 24 CFR 202.3(c)(2)(iii).
    Project/Activity: Credit Watch/Termination Threshold, 
Washington, D.C.
    Nature of Requirement: To raise the threshold for placing a HUD/
FHA approved lender on Credit Watch status when its default and 
claim rate exceeds the field office default and claim rate.
    Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 27, 2001.
    Reason Waived: Waiving the regulation permits HUD/FHA to 
initially focus on those lenders originating the worst performing 
loans. The waiver will adjust the Credit Watch threshold from being 
between 150% and 200.9% of the HUD field office default and claim 
rate to being between 200% and 300.9% of that rate. This waiver is 
limited to Credit Watch reviews conducted in the second quarter of 
FY 2001.
    Contact: Joy L. Hadley, Director, Quality Assurance Division, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Room B133-P3214, Washington, DC 20410; telephone: (202) 708-2830.
     Regulation: 24 CFR 203.357(c), 203.370(c)(1) & (4), 
203.673(c), 203.674(b)(1)-(4), 203.675, 203.676, 203.677, 203.678.
    Project/Activity: United Pathways Foundation, Pembroke Pines, 
Florida.
    Nature of Requirement: Section 203.673(c) precludes 
reimbursement for relocation expenses during repairs; 24 CFR 
203.674(b)(1), (2), (3) and (4) states some of the required 
conditions for continued occupancy for an occupant who does not meet 
the illness or injury criteria; 24 CFR 203.675 sets out the 
requirements for adequate notice to occupants of pending 
acquisition; 24 CFR 203.676 states that an occupant must request 
continued occupancy within 20 days after notice of pending 
acquisition; 24 CFR 203.677 details the Department's procedures in 
its decision to approve or deny a request for occupied conveyance; 
24 CFR 203.678 requires that a property be conveyed to HUD vacant; 
24 CFR 203.370(c)(1) and (4) requires that in order to be considered 
for the pre-foreclosure sale procedure, one must be an owner-
occupant in a single family residence that is security for an FHA-
insured mortgage, and one must have received homeownership 
counseling; 24 CFR 203.357(c) requires a mortgagee to obtain prior 
written consent from the Commissioner in order to accept a deed in 
lieu of foreclosure from an individual who owns more than one FHA-
insured property.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing-Deputy Federal Housing Commissioner.
    Date Granted: April 25, 2001.
    Reason Waived: Regulations were waived in order to allow the 
Department to use loss mitigation approaches to dispose of 111 
properties securing FHA-insured mortgages in various states of 
default and foreclosure, while protecting the tenants. The 
properties' owner, United Pathways Foundation, had filed for Chapter 
11 bankruptcy.
    Contact: Joe McCloskey, Director, Office of Single Family Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
SW, Washington, DC 20410; telephone: (202) 708-1672.

     Regulation. 24 CFR 203.370(c)(1) & (4).
    Project/Activity: Non-profit mortgagors in New York City area.
    Nature of Requirement: Sections 203.370(c)(1) and (4) require 
that, in order to be considered for the pre-foreclosure sales 
procedure, one must be an owner-occupant in a one-to-four family 
dwelling that is security for an FHA-insured mortgage, and one must 
have received homeownership counseling.
    Granted By: Sean G. Cassidy, Deputy Assistant Secretary for 
Housing--Deputy Federal Housing Commissioner.
    Date Granted: May 8, 2001.
    Reason Waived: In aggregate, these non-profit mortgagors own 
approximately 719 properties located in and around New York City. 
Fraudulent activities of some sellers, originating mortgagees, 
appraisers, title companies, and others, resulted in under-funding 
the rehabilitation, incomplete rehabilitation, insufficient rental 
income to service the debt, and mortgage default. Many of the non-
profit mortgagors were misled by assurances that consultants would 
oversee the rehabilitation of the properties and that the 
rehabilitated properties would generate sufficient cash flow. Many 
of the non-profit mortgagors lacked the financial capacity and 
experience to rehabilitate the properties.
    Regulations were waived in order to allow the Department to 
consider pre-foreclosure purchase offers for less than the full 
indebtedness on these properties. The regulation provides that the 
mortgagor must be an owner-occupant in order to be eligible for the 
pre-foreclosure sale program. Non-profit mortgagors are not owner-
occupant mortgagors. The regulation also provides that

[[Page 56400]]

the owner must receive housing counseling about loss mitigation 
alternatives before a pre-foreclosure sale would be considered. 
Housing counseling is geared towards owner-occupant mortgagors. The 
non-profit mortgagors receive(d) similar information through means 
other than counseling. Pre-foreclosure sales reduce the losses 
incurred by the insurance funds because HUD does not have to include 
the expense of foreclosure proceedings in the payments for insurance 
claims.
    Contact: Joe McCloskey, Director, Office of Single Family Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street SW, Washington, DC 20410; telephone: (202) 708-1672.

     Regulation: 24 CFR 203.670(b), 203.673(b), 
203.674(a)(1), and 203.675(b).
    Project/Activity: St. Ambrose Housing Aid Center, Baltimore, 
Maryland.
    Nature of Requirement: These regulations prohibit the Secretary 
from accepting properties which are conveyed occupied.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: May 17, 2001.
    Reason Waived: These waivers are appropriate because the 
occupant is a victim of predatory lending activities in the 
Baltimore pilot project. The occupant was also the subject of a 
``Fleecing of America'' segment on NBC News. The occupant's mortgage 
was determined to be based on a grossly inflated property value. 
Unfortunately, the originating lender, American Skycorp, Inc., is no 
longer in business. Therefore, no restitution can be obtained from 
her former lender. Her mortgage is currently in foreclosure and her 
credit history is such that the occupant cannot qualify for another 
loan.
    St. Ambrose Housing Aid Center, a HUD approved housing 
counseling agency and housing provider, has agreed to purchase the 
property following acquisition by the Department through a deed in 
lieu of foreclosure. The occupant will remain in the property and 
become a tenant of St. Ambrose Housing Aid Center. After the 
property is conveyed to HUD, the M&M contractor will make certain 
repairs to the property as well as replace the furnace and water 
heater. Unless the actions are taken, the property may fail to meet 
HUD's Habitability Standards. During the time the occupant is a 
tenant, she will receive counseling and help to repair her credit 
status. When the occupant is eligible for a mortgage loan, St. 
Ambrose will sell the property to the occupant.
    Contact: Trudy Dotson, Asset and Property Disposition Division, 
Office of Single Family Asset Management, Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410; 
telephone: (202) 708-1672.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Bethel Church Homes I and II, FHA Project 
Numbers 061-35006 and 061-55035, Athens, Georgia.
    Nature of Requirement: Section 219.220(b) governs the repayment 
of assistance provided under the Flexible Subsidy Program for 
Troubled Projects prior to May 1, 1996. This provision requires 
repayment of the flexible subsidy loan at time of prepayment.
    Granted By: Sean G. Cassidy, General Assistant Secretary for 
Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: This waiver was granted in order to allow the 
owner of Bethel Church Homes I and II to repay the existing 
mortgage, obtain one new FHA-insured mortgage and perform 
substantial rehabilitation of the properties. This will allow the 
flexible subsidy loans to remain as soft second and third mortgages. 
If the waiver had not been granted, the owner would not have had the 
available funds to repay the flexible subsidy loans and he would not 
be able to obtain the FHA-insured financing of the new mortgage, 
thereby losing the opportunity to improve this much needed housing 
for low-income citizens of Athens, Georgia.
    Contact: Cindy W. Bridges, Field Asset Management Division, 
Office of Asset Management, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 6160, Washington, DC 20410; 
telephone: (202) 708-0614, extension 2603.

     Regulation: 24 CFR 234.26(b).
    Project/Activity: Temporary establishment of approval process 
for condominium projects and FHA mortgage insurance on condominium 
units located in the Commonwealth of Puerto Rico.
    Nature of Requirement: Section 234.26(b) requires that a 
condominium project be committed to a plan of condominium ownership 
by a deed, or other recorded instrument that is acceptable to the 
Department.
    Granted By: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 11, 2001.
    Reason Waived: The regulation was waived to permit the approval 
of condominium projects and insurance of individual units in 
condominiums whose plans for ownership have been presented to the 
Commonwealth of Puerto Rico Registry for recordation but not yet 
recorded, provided that title insurance is obtained on each unit 
insured. Under Puerto Rico's inscription process, legal documents 
creating a condominium regime are first ``presented'' to the 
Commonwealth of Puerto Rico Registry for review. Acceptable 
documents are then recorded. Due to current backlog, this process 
can take several years. At presentment a condominium is established 
and during the review process a purchaser acquires a fee interest in 
the unit together with a common, undivided interest in the common 
areas. This waiver is effective for one year from the date it was 
granted and shall not involve more than 3,064 dwelling units.
    Contact: Vance T. Morris, Director Office of Single Family 
Production, Department of Housing and Urban Development, 451 Seventh 
Street SW, Washington, DC 20410; telephone: (202) 708-2121 extension 
2204.

     Regulation: 24 CFR 234.26(e)(3).
    Project/Activity: Insurance for a mortgage on an individual unit 
in Mt. Vernon Lake Condominium, Alexandria, Virginia.
    Nature of Requirement: Section 234.26(e)(3) requires that at 
least 51% of all family units in a condominium project be occupied 
by the owners as a principal or secondary residence, or have been 
sold to owners who intend to meet this occupancy requirement.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 27, 2001.
    Reason Waived: The regulation was waived to insure a HUD-owned 
condominium in a condominium project that had an owner-occupancy 
rate of 43%. The Department has an interest in the continued 
viability of the condominium project because there are other HUD-
insured properties in the project. The individual unit benefited by 
this waiver was in good condition and being sold at 105% of the list 
price to an owner-occupant. Sale of the unit would eliminate further 
marketing costs to the Department.
    Contact: Vance T. Morris, Director, Office of Single Family 
Production, Department of Housing and Urban Development, 451 Seventh 
Street SW, Washington, DC 20410; telephone: (202) 708-2121 extension 
2204.

     Regulation: 24 CFR 291.100(a)(2).
    Project/Activity: Granting a former mortgagor a right of first 
refusal on a property in Lake Worth, Florida.
    Nature of Requirement: Section 291.100(a)(2) prohibits HUD from 
allowing a former mortgagor in occupancy, who has defaulted on the 
mortgage, the right of first refusal to repurchase the same 
property.
    Granted By: Sean Cassidy, General Deputy Assistant Secretary for 
Housing--Deputy Federal Housing Commissioner.
    Date Granted: May 31, 2001.
    Reason Waived: The waiver is appropriate since the occupant is 
100% disabled as a result of an accident. At the present time she 
has received a monetary settlement, which includes a monthly 
allocation for life. The occupant has spent approximately $40,000 of 
her money modifying the residence to handicapped accessible 
standards. An interior and exterior inspection of the property 
revealed that the occupant has maintained it in a highly 
satisfactory manner. The property has been appraised at $100,000 and 
the occupant has obtained her own financing. In light of the 
occupant's medical condition, financial capacity and ability to 
maintain the property this waiver was granted.
    Contact: Trudy Dotson, Asset Management and Disposition 
Division, Office of Single Family Asset Management, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410; telephone: (202) 708-1672.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Charles O. Miles Manor, Ecorse, Michigan, 
Project Number: 044-EE064/MI28-S991-005.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.

[[Page 56401]]

    Reason Waived: The State of Michigan had experienced a large 
increase in the cost of developing new projects and many contractors 
used a ``take it or leave it'' pricing approach, and the Sponsor had 
secured funds from Wayne County's City Home funds and the Weinberg 
Foundation.
    Contact: Faye Norman, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street, Washington, DC 20410; telephone: (202) 708-0614 
extension 2482.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Liberty Apartments, Fulton, Missouri, Project 
Number: 085-HD028/MO36-Q991-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The shape and topography of the site required 
additional grading and construction of a retaining wall to achieve 
proper drainage away from the building, bids for the electrical and 
plumbing contracts came in at a much higher rate than anticipated, 
the high cost factor of 156 percent was not sufficient for the 
Fulton area, the project was economically designed and was 
comparable to other similar projects developed in the area.
    Contact: Rita Ross, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2696.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Jordan Bay Place, Raymond, Maine, Project 
Number: 024-EE050/ME26-S991-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar projects in the area, and the Sponsor/Owner had exhausted 
all efforts to obtain additional funds from outside sources.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 3821.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mt. Olive Elderly Coop, Randallstown, 
Maryland, Project Number: 052-EE032/MD06-S991-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: Material costs had risen, there was a shortage of 
skilled laborers, which has caused the overall cost of construction 
to rise, and the project was economically designed and comparable to 
other similar projects constructed in the area.
    Contact: Rita Ross, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street, Washington, DC 20410; telephone: (202) 708-0614 
extension 2696.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Roxbury Senior Housing, Roxbury, Connecticut, 
Project Number: 017-EE039.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project was economically designed, comparable 
in cost to similar projects, and the Sponsor could not contribute 
any additional funds.
    Contact: Monique Love, Office of Housing Assistance Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2475.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Kirkland Union Plaza, Vancouver, Washington, 
Project Number: 126-EE028/OR16-S981-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar projects in the area and the Owner had secured funds from 
the City of Vancouver and the Vancouver Housing Authority.
    Contact: Faye Norman, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2482.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Diamond Springs Phase II, Diamond Springs, 
California, Project Number: 136-EE053/CA30-S991-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar projects in the area, and the Sponsor/Owner had exhausted 
all efforts to obtain additional funds from outside sources.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 3821.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: West Hamlin Unity Apartments, West Hamlin, 
West Virginia, Project Number: 045-HD026/WV15-Q971-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 6, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar project in the area, and the Sponsor/Owner had exhausted 
all efforts to obtain additional funds from outside sources.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 3821.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Immacolata Manor Homes, Liberty, Missouri, 
Project Number: 084-HD031/MO16-Q991-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 6, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar projects in the area, and the Sponsor/Owner had exhausted 
all efforts to obtain additional funds from outside sources.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 3821.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Woodbury Senior Housing, Woodbury, 
Connecticut, Project Number: 017-EE044/CT26-S981-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 10, 2001.
    Reason Waived: The project was economically designed, comparable 
to other similar projects in the jurisdiction, and all efforts to 
lower the cost of the project had been exhausted.
    Contact: Dianna Plaugher, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 6791.


[[Page 56402]]


     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mill Pond Village, Montrose, Virginia, Project 
Number: 051-EE072/VA36-S991-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 16, 2001.
    Reason Waived: The project was modest in design and the 
development team had taken all reasonable steps to assure a cost 
effective project.
    Contact: Dianna Plaugher, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 6791.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Twin Elm Project, Nassau County, New York, 
Project Number: 012-HD080/NY36-Q981-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 6, 2001.
    Reason Waived: The Owner had exhausted all efforts to find 
additional funds from other sources. Also, a delay of over one year 
was encountered due to issues associated with incorporation.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2475.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Washington Court, Red Bluff, California, 
Project Number: 136-EE046/CA30-S981-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 6, 2001.
    Reason Waived: There were 2530 flags placed on both the Owner 
and management agent, and the project was economically designed and 
comparable to other similar projects developed in the area. Also, 
the project experienced delays while the 2530 process was being 
resolved.
    Contact: Dianna Plaugher, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 6791.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: St. Peter's Place II Elderly Housing, Borough 
of Phoenixville, Chester County, Pennsylvania, Project Number: 034-
EE070/PA26-S971-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 9, 2001.
    Reason Waived: Delays were caused due to problems the Owner had 
in identifying a qualified general contractor. Also, the project was 
economically designed, comparable to other similar projects 
developed in the jurisdiction, and the Sponsor had exhausted all 
efforts to obtain additional funding from other sources.
    Contact: Brenda Butler, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 6788.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Gibbstown VOA Elderly Housing, Township of 
Greenwich, Gloucester County, New Jersey, Project Number: 035-EE030/
NJ39-S971-007.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 10, 2001.
    Reason Waived: The project was economically designed, comparable 
to similar projects in the area and the Sponsor/Owner had exhausted 
all efforts to obtain additional funds from outside sources. Also, 
the project had been delayed due to unanticipated changes in fees 
charged by the Town of Greenwich, increased contractor fees, 
easement negotiations, and title policy changes.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 3821.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Accessible Space, Inc., Universal City, Texas, 
Project Number: 115-HD025/TX59-Q971-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 16, 2001.
    Reason Waived: Additional funds were needed to make the facility 
100 percent accessible to persons with severe mobility impairments. 
Also, delays occurred while the Sponsor/Owner sought funds to make 
the project fully accessible and while their project was being 
redesigned to meet new City requirements.
    Contact: Dianna Plaugher, Office of Housing Assistance and Grant 
Administration, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Washington, DC 20410; telephone: (202) 708-
0614, extension 6791.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Mountain View Housing, Westfield, 
Massachusetts, Project Number: 023-EE101/MA06-S981-006.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 16, 2001.
    Reason Waived: The project was economically designed, comparable 
to other projects developed in the area, and the Sponsor/Owner had 
exhausted all efforts to obtain additional funds from outside 
sources. Also, additional time was needed to resolve a leasehold 
issue with the Commonwealth of Massachusetts in order to sell State-
owned property designated for the project, resolve the issue 
involving the boiler and heating plant, and secure a waiver of the 
prohibition against leasehold payment capitalization.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Washington, DC 20410; telephone: (202) 708-
0614, extension 3821.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.

[[Page 56403]]

    Project/Activity: Reno Supportive Housing Development, Reno, 
Nevada, Project Number: 125-HD066/NV39-Q981-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 18, 2001.
    Reason Waived: The project was delayed due to the switching of 
architectural firms and the resolution of a dispute with the State 
of Nevada Architectural Board. Also, the project was economically 
designed, comparable to other similar projects developed in the 
jurisdiction, and the Sponsor had exhausted all efforts to obtain 
additional funding from other sources.
    Contact: Brenda Butler, Office of Housing Assistance and Grant 
Administration, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW, Washington, DC 20410; telephone: (202) 708-
0614, extension 6788.

     Regulation: 24 CFR 891.130(a).
    Project/Activity: Christopher Housing, Scattered Sites, 
Washington, Project Number: 127-HD018/WA19-Q961-001.
    Nature of Requirement: Prohibited Relationships.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The waiver was to permit Mr. Stephen Norman, who 
serves as a member of the board of Aids Housing of Washington, one 
of the co-Sponsors of the project, to also serve as the Executive 
Director for the Housing Authority of King County, which was the 
Management Agent for the project. Since Mr. Norman was the Executive 
Director of the Housing Authority of King County before he became a 
board member of Aids Housing of Washington, that he received no 
compensation for the latter position, and it was difficult to obtain 
a Management Agent that would accept a small number of units over 
such a widespread area, the waiver was granted.
    Contact: Gail Williamson, Office of Housing Assistance and Grant 
Administration, U.S. Department of Housing and Urban Development, 
451 Seventh Street SW., Washington, DC 20410; telephone: (202) 708-
0614, extension 2473.

     Regulation 24 CFR 891.165.
    Project/Activity: Howard Street Senior Apartments, San 
Francisco, California, Project Number: 121-EE121/CA39-S981-014.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project had to be conveyed from the San 
Francisco Housing Authority and required approval from several 
levels of State and local government.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Steamboat Trails, New Richmond, Ohio, Project 
Number: 046-EE045/OH10-S981-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The original site was withdrawn by the seller and 
the development team had to locate a new site which would allow them 
to utilize the original building design and site plan.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Old Oak Arch, Virginia Beach, Virginia, 
Project Number: 051-HD079/VA36-Q991-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: Delays were caused by the Sponsor trying to 
resolve cost problems in order to keep project development costs 
within the fund reservation amount.
    Contact: Brenda Butler, Office of Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 6788.
     Regulation: 24 CFR 891.165.
    Project/Activity: Vermont Seniors, Los Angeles, California, 
Project Number: 122-EE148/CA16-S981-007.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project had been delayed due to demolition of 
commercial and residential structures, additional funding for land 
acquisition and predevelopment costs and the resolution of a legal 
dispute involving the site.
    Contact: Eloise May, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 2651.

     Regulation: 24 CFR 891.165.
    Project/Activity: Three Bridges, Newark, New Jersey, Project 
Number: 031-EE042/NJ39-S961-008.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The Owner was obtaining bids from various 
contractors and would be submitting a revised application for Firm 
Commitment.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Holy Rosary Senior Housing, Union City, New 
Jersey, Project Number: 031-EE049/NJ39-S981-006.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project experienced delays while the Sponsors 
sought secondary financing from other sources for demolition and 
remediation of the site in addition to development expenses.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, 451 Seventh Street SW., Washington, DC 20410; 
telephone: (202) 708-0614, extension 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Oscar House, Northridge, California, Project 
Number: 122-HD112/CA36-Q981-012.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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 56404]]

    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The delay in beginning construction was due 
primarily to efforts to bring the project in at a reasonable cost.
    Contact: Carissa Janis, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 2487.
     Regulation: 24 CFR 891.165.
    Project/Activity: Cedar Street Senior Apartments, Garberville, 
California, Project Number: 121-EE118/CA39-S981-011.
    Nature Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The project had been delayed due to complications 
with site formation, adverse market conditions for obtaining 
suitable comparables and resolution of title issues involving the 
legal formation of the site.
    Contact: Eloise May, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 2651.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ryder Assisted Care II, Humacao, Puerto Rico, 
Project Number: 056-HD014/RQ46-Q971-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The geo-technical engineer, architect and 
contractor were very active trying to find a cure to the site 
subsurface contingency.
    Contact: Monique Love, Office of Housing and Assistance and 
Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
0614, extension 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ryder Village II, Humacao, Puerto Rico, 
Project Number: 056-EE031/RQ46-S971-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The geo-technical engineer, architect and 
contractor were very active trying to find a cure to the site 
subsurface contingency.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202)708-0614, 
extension 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Friendship Plaza, Lincoln Heights, Ohio, 
Project Number: 046-EE047/OH10-S981-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The original contractor's construction costs were 
significantly higher than the Capital Advance fund reservation and 
the co-Sponsors had to solicit bids from other contractors.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Access House I, Parsippany-Troy Hills, New 
Jersey, Project Number: 031-HD078/NJ39-Q971-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: The Building Department for the Township of 
Parsippany-Troy Hills could not issue building permits for the 
project because they were waiting for a Letter of Interpretation 
from the New Jersey Department of Environmental Protection.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202)708-0614, 
extension 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ridgeview Terrace I, Ashtabula, Ohio, Project 
Number: 042-EE106/OH12-S981-009.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: Obstacles concerning road access had to be 
addressed prior to receiving building permits and the Department of 
Highways requested that storm water run-off be redirected which 
necessitated reengineering of the site plan.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street, Washington, DC 20410; telephone: (202)708-0614, 
extension 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ziegler Homes, Toledo, Ohio, Project Number: 
042-HD058/OH12-Q961-005.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 2, 2001.
    Reason Waived: Bids had to be solicited from other contractors 
to address budget overruns and additional funds from outside sources 
would not be available until March 2001 to cover the cost of 
development in excess of the Capital Advance.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Cold Spring House, Forestburgh, New York, 
Project Number: 012-HD075/NY36-Q971-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 5, 2001.
    Reason Waived: The project had been delayed due to unresolved 
legal issues for initial closing.
    Contact: Eloise May, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 2651.

     Regulation: 24 CFR 891.165.
    Project/Activity: Orange Senior Housing, Orange Essex County, 
New Jersey, Project Number: 031-EE048/NJ39-S981-005.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital

[[Page 56405]]

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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 9, 2001.
    Reason Waived: There was a delay due to the change in architect 
and revisions that needed to be made in the project designs and 
plans.
    Contact: Eloise May, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614, 
extension 2651.

     Regulation: 24 CFR 891.165.
    Project/Activity: Cottonwood Manor V, Cottonwood, Arizona, 
Project Number: 123-EE066/AZ20-S981-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 9, 2001.
    Reason Waived: Delays were caused by the excessive amount of 
time taken to design the project and to locate a qualified general 
contractor to build the project within the budget.
    Contact: Brenda Butler, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410; telephone: (202) 708-0614 
extension, 6788.
     Regulation: 24 CFR 891.165.
    Project/Activity: La Playa Apartments, San Francisco, 
California, Project Number: 121-HD065/CA39-Q981-002.
    Nature Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 9, 2001.
    Reason Waived: The site, which was one block from the Pacific 
Ocean and subject to California coastal controls, had to undergo 
time consuming investigations and certifications by the City of San 
Francisco.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension, 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ottawa River Estates, Toledo, Ohio, Project 
Number: 042-HD072/OH12-Q971-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 10, 2001.
    Reason Waived: The Sponsor was tied up in litigation concerning 
the sale of the land designated for the project.
    Contact: Frank Tolliver, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614, 
extension 3821.

     Regulation: 24 CFR 891.165.
    Project/Activity: North Pine Street Senior Housing, Ukiah, 
Mendocino County, California, Project Number: 121-EE119/CA39-S981-
012.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 10, 2001.
    Reason Waived: The project experienced significant delays while 
the Department reviewed and approved the partial release of a 
portion of an existing Section 202 project upon which the project 
was to be located.
    Contact: Brenda Butler, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614, 
extension 6788.

     Regulation: 24 CFR 891.165.
    Project/Activity: Abraham Lincoln Center, Chicago, Illinois, 
Project Number: 071-HD095/IL06-Q961-010.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 12, 2001.
    Reason Waived: The field office was awaiting a revised Firm 
Commitment application.
    Contact: Alicia Anderson, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614, 
extension 5787.

     Regulation: 24 CFR 891.165.
    Project/Activity: Project Live VIII, Glen Ridge, New Jersey, 
Project Number: 031-HD092/NJ39-Q981-007.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 12, 2001.
    Reason Waived: The field office was processing the Firm 
Commitment.
    Contact: Alicia Anderson, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614, 
extension 5787.

     Regulation: 24 CFR 891.165.
    Project/Activity: West Street Commons, Wilmington, Delaware, 
Project Number: 032-HD018/DE26-Q961-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 12, 2001.
    Reason Waived: Major revisions/design changes were made to the 
project, the site changed three times, new core development team 
members were hired, and it was required that the new development 
team members entirely redo the application exhibits.
    Contact: Rita Ross, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, D.C. 20410, telephone: (202) 708-0614 
extension 2696.

     Regulation: 24 CFR 891.165.
    Project/Activity: Rudolph Mercy Douglass Home for the Blind, 
Philadelphia, Pennsylvania, Project Number: 034-HD052/PA26-Q971-004.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 16, 2001.
    Reason Waived: The Sponsor had a commitment toward secondary 
funding from the Philadelphia Redevelopment Authority and the 
documents for the transaction were being finalized.
    Contact: Rita Ross, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2696.

     Regulation: 24 CFR 891.165.
    Project/Activity: Volunteers of America, Thomaston, Maine, 
Project Number: 024-EE038/ME36-S971-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration

[[Page 56406]]

of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Waived: April 18, 2001.
    Reason Waived: The Owner incurred significant delays due to a 
need to change sites.
    Contact: Alicia Anderson, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 5787.

     Regulation: 24 CFR 891.165.
    Project/Activity: Northwest Behavioral Health Services, Inc., 
Jacksonville, Duval County, Florida, Project Number: 063-HD013/FL29-
Q981-010.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 18, 2001.
    Reason Waived: The project experienced delays due to outstanding 
design issues related to Fair Housing requirements and comments were 
pending from a geo-technical engineer.
    Contact: Monique Love, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2475.

     Regulation: 24 CFR 891.165.
    Project/Activity: Pine Street Inn, Dorchester, Massachusetts, 
Project Number: 023-EE098/MA06-S981-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for 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: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 18, 2001.
    Reason Waived: The Sponsor had to locate an alternate site.
    Contact: Rita Ross, Office of Housing Assistance and Grant 
Administration, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410; telephone: (202) 708-0614 
extension 2696.

     Regulation: 24 CFR 891.410.
    Project/Activity: Joseph J. Vinopal Villa, FHA Project Number 
075-EE041-NP/WAH/L8, Almena, Wisconsin.
    Nature of Requirement: HUD regulations at 24 CFR 891 limit 
occupancy to Very Low Income elderly persons, i.e., households of 
one or more persons at least one of whom is 62 years of age at the 
time of initial occupancy.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Granted: April 12, 2001.
    Reason Waived: This waiver has been approved due to the 
project's severe problems in maintaining project occupancy. The 
owner has been actively marketing the project; however, the demand 
for its units is not as strong as anticipated; therefore, the age 
and income requirements are waived in order to allow management to 
rent to persons between the ages of 55 and 62 and also persons above 
the very low income limit but at or below the low income limit. The 
granting of this waiver will provide additional flexibility for 
short-term marketing and attempt to rent up vacant units.
    Contact: Gloria Burton, Field Asset Management Division, Office 
of Asset Management, Department of Housing and Urban Development, 
451 Seventh Street SW, Room 6176, Washington, DC 20410; telephone: 
(202) 708-0614, extension 2611.

     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Parker Heights Apartments, FHA Project Number 
033-EE019, Parker, Pennsylvania. The Philadelphia Multifamily Hub 
has requested waiver of this regulation due to chronic vacancy 
problems.
    Nature of Requirement: HUD regulations at 24 CFR Part 891 limit 
occupancy to Very Low Income elderly persons, i.e., households of 
one or more persons at least one of whom is 62 years of age at the 
time of initial occupancy.
    Granted By: Sean G. Cassidy, General Deputy Assistant Secretary 
for Housing--Deputy Federal Housing Commissioner.
    Date Waived: April 2, 2001.
    Reason Waived: The General Deputy Assistant Secretary has 
approved this waiver because the subject project has been unable to 
maintain full occupancy when turnover occurred due to its location 
in an impoverished area. A waiver of the income requirements was 
requested to alleviate the problem. A waiver was granted in the past 
to permit low income elderly applicants which enabled the property 
to rent up. This outreach effort would allow management to extend 
occupancy to those of low income; thereby providing additional 
flexibility in attempting to rent up vacant units.
    Contact: Cindy W. Bridges, Field Asset Management Division, 
Office of Asset Management, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 6160, Washington, DC 20410; 
telephone: (202) 708-0614, extension 2603.

     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Pioneer Place, IV, Project No. 075-EE021/NO/
WAH, Poynette, Wisconsin.
    Nature of Requirement: HUD regulations at 24 CFR 891 limit 
occupancy to Very Low Income (VLI) elderly persons, i.e., households 
of one or more persons at least one of whom is 62 years of age at 
the time of initial occupancy.
    Granted By: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 27, 2001.
    Reason Waived: This waiver was granted to allow the project to 
market vacant units to low income persons between 51-80 percent of 
median income and ages 62 and older. This waiver is an attempt to 
allow management to market vacant units to this group; and thereby 
maintain the viability of this project.
    Contact: Gloria Burton, Field Asset Management Division, Office 
of Asset Management, Department of Housing and Urban Development, 
451 Seventh Street SW, Room 6176, Washington, DC 20410; telephone: 
(202) 708-0614, extension 2611.

IV. Regulatory Waivers Granted by the Office of Multifamily Housing 
Assistance Restructuring (OMHAR)

    For further information about the following waiver actions, 
please see the name of the contact person who immediately follows 
the description of the waiver granted.

     Regulations: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
         FHA No.                  Project name               State
------------------------------------------------------------------------
01235280                   1041 Bushwick Avenue Apts.  NY
08444114                   Avon Apartments...........  MO
08444114                   Avon Apartments...........  MO
08444114                   Avon Apartments...........  MO
01257058                   Roosevelt Gardens.........  NY
01257100                   Sebco VI..................  NY
03435081                   Whitehall Acres Apartments  PA
------------------------------------------------------------------------

    Nature of Requirement: 24 CFR 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after 1/1/98. The intent of this provision is to 
ensure timely processing of requests for restructuring, and that the 
properties will not default on their FHA insured mortgages during 
the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: April 12, 2001.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.
    Contact: Alberta Zinno, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, Washington, DC 20410; 
telephone (202) 708-0001.

     Regulations: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
         FHA No.                  Project name               State
------------------------------------------------------------------------
08444156                   Bainbridge Apts...........  MO
08444156                   Bainbridge Apts...........  MO'
03535063                   Barclay Arms..............  NJ

[[Page 56407]]

 
01257049                   Eastern Parkway...........  NY
09335071                   Fraser Tower..............  MT
08335268                   Golden Harvest Village....  KY
08735012                   Greeneville Manor           TN
                            Apartments.
08135087                   Gunn Garden Apartments....  TN
09135060                   Lakeview Terrace            SD
                            Apartments.
04535087                   Lewis Terrace/Tabor Tower.  WV
01257107                   MBD I.....................  NY
01257054                   President Arms............  NY
12735298                   South Bayview Apartments..  WA
12135634                   Sunnyside Glen Apartments.  CA
01635054                   The Colony................  RI
01410009                   Towne Gardens Housing Dev.  NY
08435142                   Victoria Arms Apartments..  MO
------------------------------------------------------------------------

    Nature of Requirement: 24 CFR 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after 1/1/98. The intent of this provision is to 
ensure timely processing of requests for restructuring, and that the 
properties will not default on their FHA insured mortgages during 
the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: May 1, 2001.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.
    Contact: Alberta Zinno, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, Washington, DC 20410; 
telephone (202) 708-0001.

     Regulations: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
         FHA No.                  Project name               State
------------------------------------------------------------------------
01257138                   Academy Gardens...........  NY
08335257                   Carter Court..............  KY
04235088                   Delaware Acres............  OH
10235148                   Newton Plaza Apartments...  KS
04644088                   SEM Villa I...............  OH
01235277                   Seward Manor..............  NY
08335232                   The Bedford House.........  KY
------------------------------------------------------------------------

    Nature of Requirement: 24 CFR 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after 1/1/98. The intent of this provision is to 
ensure timely processing of requests for restructuring, and that the 
properties will not default on their FHA insured mortgages during 
the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: June 11, 2001.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.
    Contact: Alberta Zinno, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, Washington, DC 20410; 
telephone (202) 708-0001.

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

    For further information about the following waiver actions, 
please see the name of the contact person who immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 982.51 (a) and (b).
    Project/Activity: New Hampshire Housing Finance Authority 
(NHHFA), New Hampshire; project-based assistance. NHHFA requested a 
waiver to permit it to select owner proposals for project-based 
assistance (PBA) as part of its recent advertisement for proposals 
for new development of affordable housing under its multifamily 
housing production initiative rather than separately seeking owner 
proposals for project-based assistance. NHHFA would provide project-
based assistance for up to 300 units to the highest-ranking 
proposals selected under its multifamily housing production 
initiative.
    Nature of Requirement: The regulation requires HUD review and 
approval of a written selection policy and advertisement for the 
competitive selection of units to receive project-based assistance.
    Granted By: Gloria J., Cousar, Acting General Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 20, 2001.
    Reason Waived: Approval of the waivers will provide for new 
development of affordable rental housing units for very low and 
extremely low-income families. Fewer than 15 percent of New 
Hampshire rental units are affordable to very low-income renters. 
The approval also supports the NHHFA's multifamily housing 
production initiative. The NHHFA program requires that 50 percent of 
the units in a development be rented to very low-income families or 
at rents affordable for very low-income families.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Assisted Housing 
Delivery, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; 
Room 4210, telephone: (202) 708-0970.

     Regulation: 24 CFR 982.352(c)(6) and (8).
    Project/Activity: Santa Barbara Housing Authority (SBHA), Santa 
Barbara, CA, housing choice voucher program. SBHA requested a waiver 
to permit it to combine other housing subsidies including HOME 
subsidies, with voucher assistance. Several non-profit organizations 
that serve the disabled community wanted to provide additional 
subsidies for voucher participants to enable them to rent units 
above the payment standard. The non-profit community organizations 
and SBHA were concerned that the voucher subsidy alone is inadequate 
for many vouchers holders to secure housing because the Santa 
Barbara County rental market is extremely tight, gross rents 
typically exceed payment standards.
    Nature of Requirement: The regulation prohibits a family from 
receiving tenant-based assistance while receiving tenant-based 
assistance under the HOME program, any local or State rent subsidy, 
or any other duplicative Federal, State or local housing subsidy as 
determined by HUD.
    Granted By: Gloria J., Cousar, Acting General Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: April 18, 2001.
    Reason Waived: Approval of the waivers will increase the 
probability that voucher holders in the SBHA voucher program can 
secure housing in Santa Barbara County, and permit voucher holders 
who require housing in Santa Barbara County to avoid undue hardship.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Assisted Housing 
Delivery, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; 
Room 4210, telephone: (202) 708-0970.

     Regulation: 24 CFR 982.503(c)(2)(ii)
    Project/Activity: Arlington Housing Authority, Massachusetts, 
Housing Choice Voucher Program.
    Nature of Requirement: The regulation provides that the HUD 
field office may approve an exception payment standard between 110 
and 120 percent of the published Fair Market Rent if required as a 
reasonable accommodation for a family that includes a person with 
disabilities.
    Granted By: Paula O. Blunt, Acting General Deputy Assistant 
Secretary for Public and Indian Housing.
    Date Granted: June 27, 2001.
    Reason Waived: Approval of the waiver to allow the field office 
to approve an exception payment in excess of 120 percent made it 
possible for a family that includes a person with disabilities to 
remain in their current unit for one year until the family is able 
to obtain assistance to search for suitable alternative housing.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Assisted Housing 
Delivery, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410; 
Room 4210, telephone: (202) 708-0477.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Duluth Housing Authority, MN.
    A request was made to permit the Authority to benefit from 
energy performance contracting for developments that have tenant-
paid utilities. The PHA estimates that it could increase savings 
substantially if it were able to undertake energy performance 
contracting for both PHA-paid and tenant-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to

[[Page 56408]]

energy performance contracting currently applies to only PHA-paid 
utilities. The Duluth Housing Authority has both PHA-paid and 
tenant-paid utilities.
    Granted By: Gloria J. Cousar, Acting General Deputy Assistant 
Secretary.
    Date Granted: April 24, 2001.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology for doing so. The Duluth Housing 
Authority requested a waiver based on the same approved methodology. 
The waiver permits the HA to exclude from its PFS calculation of 
rental income, increased rental income due to the difference between 
updated baseline utility (before implementation of the energy 
conservation measures) and revised allowances (after implementation 
of the measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.
    Contact: Regina McGill, Director, Funding and Financial 
Management Division, Office of Public and Assisted Housing Delivery, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, Washington, DC 20410; Room 4216; telephone: (202) 708-
1872.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Flint Area Consolidated Housing Authority, GA.
    A request was made to permit the Authority to benefit from 
energy performance contracting for developments, which have tenant-
paid utilities. The PHA estimates that it could increase savings 
substantially if it were able to undertake energy performance 
contracting for both PHA-paid and tenant-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to 
energy performance contracting currently applies to only PHA-paid 
utilities. The Flint Area Consolidated Housing Authority has both 
PHA-paid and tenant-paid utilities.
    Granted By: Gloria J. Cousar, Acting General Deputy Assistant 
Secretary.
    Date Granted: April 24, 2001.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology or doing so. The Flint Area 
Consolidated Housing Authority requested a waiver based on the same 
approved methodology. The waiver permits the HA to exclude from its 
PFS calculation of rental income, increased rental income due to the 
difference between updated baseline utility (before implementation 
of the energy conservation measures) and revised allowances (after 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.
    Contact: Regina McGill, Director, Funding and Financial 
Management Division, Office of Public and Assisted Housing Delivery, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, Washington, DC 20410; Room 4216; telephone: (202) 708-
1872.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Dublin Housing Authority, GA.
    A request was made to permit the Authority to benefit from 
energy performance contracting for developments, which have tenant-
paid utilities. The PHA estimates that it could increase savings 
substantially if it were able to undertake energy performance 
contracting for both PHA-paid and tenant-paid utilities.
    Nature of Requirement: Under 24 CFR Part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to 
energy performance contracting currently applies to only PHA-paid 
utilities. The Dublin Housing Authority has both PHA-paid and 
tenant-paid utilities.
    Granted By: Gloria J. Cousar, Acting General Deputy Assistant 
Secretary.
    Date Granted: May 16, 2001.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology for doing so. The Dublin Housing 
Authority requested a waiver based on the same approved methodology. 
The waiver permits the HA to exclude from its PFS calculation of 
rental income, increased rental income due to the difference between 
updated baseline utility (before implementation of the energy 
conservation measures) and revised allowances (after implementation 
of the measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.
    Contact: Regina McGill, Director, Funding and Financial 
Management Division, Office of Public and Assisted Housing Delivery, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, Washington, DC 20410; Room 4216; telephone: (202) 708-
1872.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Rock Island Housing Authority, IL.
    A request was made to permit the Authority to benefit from 
energy performance contracting for developments, which have tenant-
paid utilities. The PHA estimates that it could increase savings 
substantially if it were able to undertake energy performance 
contracting for both PHA-paid and tenant-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to 
energy performance contracting currently applies to only PHA-paid 
utilities. The Dublin Housing Authority has both PHA-paid and 
tenant-paid utilities.
    Granted By: Gloria J. Cousar, Acting General Deputy Assistant 
Secretary.
    Date Granted: May 14, 2001.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology for doing so. The Rock Island 
Housing Authority requested a waiver based on the same approved 
methodology. The waiver permits the HA to exclude from its PFS 
calculation of rental income, increased rental income due to the 
difference between updated baseline utility (before implementation 
of the energy conservation measures) and revised allowances (after 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.
    Contact: Regina McGill, Director, Funding and Financial 
Management Division, Office of Public and Assisted Housing Delivery, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, Washington, DC 20410; Room 4216, telephone: (202) 708-
1872.

[FR Doc. 01-27901 Filed 11-6-01; 8:45 am]
BILLING CODE 4210-32-P