[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Notices]
[Pages 54716-54726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21487]
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Part III
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the First Quarter of
Calendar Year 2002; Notice
Federal Register / Vol. 67 , No. 164 / Friday, August 23, 2002 /
Notices
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4767-N-01]
Notice of Regulatory Waiver Requests Granted for the First
Quarter of Calendar Year 2002
AGENCY: Office of the Secretary, HUD.
ACTION: Public Notice of the Granting of Regulatory Waivers from
January 1, 2002, through March 31, 2002.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice 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 January 1, 2002, and ending on March 31, 2002.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Assistant General Counsel for
Regulations, Room 10276, 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 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; and
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
January 1, 2002, through March 31, 2002. This notice also includes a
waiver from an earlier reporting period that was inadvertently omitted
from the appropriate earlier report. 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
granting of a particular waiver request, the action is listed under the
section number of the first regulatory requirement that appears in
title 24 of the Code of Federal Regulations and that is being waived as
part of the waiver-grant action. For example, a waiver of both
Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing
under Sec. 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 during April 1, 2002, through June 30,
2002.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: August 16, 2002.
Alphonso Jackson,
Deputy Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development January 1,
2002 Through March 31, 2002
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 Healthy Homes
and Lead Hazard Control.
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 immediately following the
description of the waiver granted.
Regulation: 24 CFR 91.520(a).
Project/Activity: The City of Edmond, Oklahoma, requested a
waiver of the submission deadline for the city's 2000 program year
Consolidated Annual Performance and Evaluation Report (CAPER).
Nature of Requirement: Section 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: Roy A. Bernardi, Assistant Secretary for Community
Planning and Development.
Date Granted: January 17, 2002.
Reasons Waived: The staff person responsible for CAPER
preparation was unable to prepare the report due to a family
emergency. The city does not have staff that can prepare the report
during the absence of the key person. While HUD is desirous of a
timely report, the Department is also interested in ensuring that
the performance report is complete and accurate. The city received
an extension to March 29, 2002, to submit its 2000 CAPER to HUD.
Contact: Cornelia Robertson-Terry, Office of Community Planning
and Development, Room 7152, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410;
telephone: (202) 708-2565, extension 4556.
[[Page 54717]]
Regulation: 24 CFR 582.105(e).
Project/Activity: Milwaukee County, Wisconsin, requested a
waiver of 8 percent administrative cap for its 1996 Shelter Plus
Care grant.
Nature of Requirement: Section 582.105(e) allows grantees to
expend 8 percent of its Shelter Plus Care grant funds for
administrative fees.
Granted By: Roy A. Bernardi, Assistant Secretary for Community
Planning and Development.
Date Granted: February 15, 2002.
Reasons Waived: Milwaukee County requested the waiver to extend
the term of its Shelter Plus Care grant by five years. This requires
additional funds to administer the grant. Milwaukee County is
requesting an additional 1.6 percent per year for the extension.
This will allow Milwaukee County to serve more than the 24
households originally targeted in its application. This added
workload along with the added term of the grant supports a waiver of
the current 8 percent limitation on administrative fees.
Contact: Cornelia Robertson-Terry, Office of Community Planning
and Development, Room 7152, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410;
telephone: (202) 708-2565, extension 4556.
Regulation: 24 CFR 570.511.
Project/Activity: The City of Columbus, Ohio, requested a waiver
of the regulations at 24 CFR 570.511(a)(4) and 570.511(b) in order
to utilize Community Development Block Grant (CDBG) funds with the
Federal Housing Administration's Section 203(k) program while
complying with rules and regulations applicable to lead-based paint
hazard control.
Nature of Requirement: Section 570.511(a)(4) provides that a
recipient may withdraw funds from its letter of credit for immediate
deposit into an escrow account for use in funding loans and grants
for the rehabilitation of privately owned residential properties.
The amount of funds deposited into an escrow account shall be
limited to the amount expected to be disbursed within 10 working
days after the deposit. If the escrow account, for whatever reason,
at any time contains funds exceeding 10 days cash needs, the grantee
immediately shall transfer the excess funds to its program account.
Section 570.511(b) provides that interest earned on escrow
accounts established in accordance with this section shall be
remitted to HUD at least quarterly, but not more frequently than
monthly, less any service charges for the account. Section
570.511(a)(2) provides that the contract between the property owner
and the contractor shall specifically provide that payment to the
contractor shall be made through an escrow account maintained by the
recipient, a subrecipient as defined at 24 CFR 570.500 (c), by a
public agency designated under Sec. 570.501(a), or by an agent under
a procurement contract governed by 24 CFR 85.36. Section
570.511(a)(3) requires that all funds drawn under this section shall
be deposited into one interest earning account.
Granted By: Roy A. Bernardi, Assistant Secretary for Community
Planning and Development.
Date Granted: March 5, 2002.
Reasons Waived: Four waivers were granted in order for the city
to use CDBG funds with Section 203(k) program funds. There is good
cause for these waivers since the city's proposal combines the
resources of two HUD programs into one that will promote
homeownership and address lead-based paint hazards in homes
purchased by low- and moderate-income households. Section
570.511(a)(4) is waived to allow CDBG funds to be placed in an
escrow account for 90 days. Section 570.511(B) will allow the
interest earned on CDBG funds in the escrow account to be treated
the same as the interest earned on the Section 203(k) program funds
and be applied to the mortgagor's principal balance. Section
570.511(a)(3) will allow the city to establish several individual
escrow accounts rather than one escrow account. Section
570.511(a)(2) will allow CDBG funds to be awarded to the Section
203(k) lenders since they do not meet the definition of a public
agency.
Contact: Cornelia Robertson-Terry, Office of Community Planning
and Development, Room 7152, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410;
telephone: (202) 708-2565, extension 4556.
II. Regulatory Waivers Granted by the Office of Healthy Homes and Lead
Hazard Control
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 35.100-1355.
Project/Activity: Compliance with the Lead Safe Housing Rule in
Ohio (granted to the Ohio State Department of Development).
Nature of Requirement: The regulation requires compliance with
the Lead Safe Housing Rule by May 31, 2002.
Granted By: Alphonso Jackson, Deputy Secretary.
Date Granted: February 12, 2002.
Reason Waived: The waiver allows the necessary time to train
additional workers who will be working on rehabilitation that may
disturb lead-based paint (thereby creating lead hazards).
Contact: David E. Jacobs, Director, Office of Healthy Housing
and Lead Hazard Control, Department of Housing and Urban
Development, Room P3206, L'Enfant Plaza, Washington, DC 20410;
telephone: (202) 755-4973.
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 200.54(a).
Project/Activity: Hearts United III, Chicago, IL; Project
Number: 071-32137.
Nature of Requirement: Section 200.54(a) permits a pro-rata
disbursement of the mortgagor's front money escrow funds and FHA
insured mortgage proceeds for the subject property.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 28, 2002.
Reason Waived: Since the front money escrow is so large, the
insured proceeds would not be disbursed for 6 to 8 months after
initial endorsement, resulting in payment of extension fees to the
investors who purchased the Government National Mortgage Association
(GNMA) mortgage-backed securities. Providing a waiver of 24 CFR
200.54(a) will permit the Chicago Multifamily Hub to approve a pro-
rata disbursement of front money and mortgage proceeds, thereby
allowing the mortgagee not to pay GNMA extension fees.
Contact: Michael McCullough, Director, Office of Multifamily
Development, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-7000; telephone: (202)
708-1142.
Regulation: 24 CFR 200.54(a).
Project/Activity: Curtis Park Hope VI (Phase II), Denver, CO;
Project No. 101-35544.
Nature of Requirement: Section 200.54(a) permits a pro-rata
disbursement of the mortgagor's front money escrow funds and FHA
insured mortgage proceeds for the subject project.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 29, 2002.
Reason Waived: Since the front money escrow is so large, the
insured proceeds would not be disbursed for several months,
resulting in the payment of extension fees to the investors who
purchased the GNMA mortgage-backed securities. Providing a waiver of
24 CFR 200.54 (a) will permit the Denver Hub to approve a pro-rata
disbursement of front money and mortgage proceeds, thereby allowing
the mortgagee not to pay GNMA extension fees.
Contact: Michael McCullough, Director, Office of Multifamily
Development, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-7000; telephone: (202)
708-1142.
Regulation: 24 CFR 202.3(c)(2)(iii).
Project/Activity: Credit Watch/Termination Threshold--
Washington, DC.
Nature of Requirement: Section 202.23(c)(2)(iii) establishes the
threshold for placing a HUD-approved lender on credit watch status
when its default and claim rate exceeds the field office defaults
and claim rate.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 20, 2002.
Reason Waived: Waiving the regulation permits the Department to
focus on those lenders who originated the worst performing loans.
The waiver will adjust the credit watch threshold from 150% to
200.9% of the HUD field office default and claim rate to 200% and
300.9% of that rate. This waiver is limited to credit watch reviews
conducted in the first quarter of calendar year 2002.
Contact: Joy L. Hadley, Director, Quality Assurance Division,
Department of Housing and Urban Development, 451 Seventh Street,
SW., Room B133-P3214, Washington, DC 20410-7000; telephone: (202)
708-2830.
[[Page 54718]]
Regulation: 24 CFR 891.100(d).
Project/Activity: Northwest Housing Initiatives, Jacksonville,
FL; Project Number: 063-HD013/FL29-Q981-010.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 4, 2002.
Reason Waived: Additional funds were needed to cover site
lighting and increased construction costs. The project is
economically designed and comparable to other projects developed in
the area.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mt. Zion Apartments Phase II, St. Louis, MO;
Project Number: 085-EE050/MO36-S001-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 4, 2002.
Reason Waived: The sponsor exhausted all efforts to obtain
additional funding from other sources. The project is economically
designed and comparable to other similar projects developed in the
area.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Pilgrim Heights, Omaha, NE; Project Number:
103-EE023/NE26-S001-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 4, 2002.
Reason Waived: The sponsor exhausted all efforts to obtain
additional funding from other sources. The project is comparable to
other similar projects developed in the area and is economically
designed.
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-
3000, extension 2482.
Regulation: 24 CFR 891.100(d).
Project/Activity: Lake Winds Apartments, St. Petersburg, FL;
Project Number: 067-HD081/FL29-Q001-006.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 28, 2002.
Reason Waived: The project is economically designed, comparable
to other similar projects developed in the area, and the owner has
obtained additional funding from other sources for the purchase of
the land.
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-
3000, extension 5787.
Regulation: 24 CFR 891.100(d).
Project/Activity: Holston Hills Apartments, Rogersville, TN;
Project Number: 087-EE041/TN37-S001-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 26, 2002.
Reason Waived: Delays by the original sponsor, the requirement
to use Davis-Bacon wage rates, and the limited availability of
contractors to build the project have attributed to higher
construction costs.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Pejepscot Terrace, Brunswick, ME; Project
Number: 043-EE068/OH16-S991-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 26, 2002.
Reason Waived: The sponsor/owner secured additional funding. The
project is comparable to other similar projects developed in the
area, and is economically designed.
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-
3000, extension 2696.
Regulation: 24 CFR 891.100(d).
Project/Activity: Inverness Homes, Inverness, MS; Project
Number: 065-HD021/MS26-Q991-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 26, 2002.
Reason Waived: Additional funds are needed to cover the cost of
extensive cut and fill preparation due to poor soil conditions and
to comply with the accessibility requirements for projects for
persons with physical disabilities.
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-
3000, extension 6788.
Regulation: 24 CFR 891.100(d).
Project/Activity: Holiday Drive Place, Kansas City, MO; Project
Number: 084-HD034/MO16-Q001-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 26, 2002.
Reason Waived: Increased construction activities in the area
have resulted in contractors paying premium prices for materials and
labor subsequently increasing the cost of the project. The sponsor
has exhausted all efforts to find additional funds from outside
sources.
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-
3000, extension 5787.
Regulation: 24 CFR 891.100(d).
Project/Activity: Good Samaritan Hospital of Maryland,
Baltimore, MD; Project Number: 052-EE037/MD06-S001-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The project is economically designed, comparable
to other projects in the area, and the sponsor exhausted all efforts
to obtain additional funding from other sources.
Contact: Evelyn Berry, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2483.
Regulation: 24 CFR 891.100(d).
Project/Activity: Woodbourne Woods, Baltimore, MD; Project
Number: 052-EE037/MD06-S001-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The project is economically designed, comparable
to other similar projects in the area, and the sponsor has exhausted
all efforts to obtain additional funding.
[[Page 54719]]
Contact: Evelyn Berry, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2483.
Regulation: 24 CFR 891.100(d).
Project/Activity: Floyd-Kress Homes, Frederick, MD; Project
Number: 052-HD043/MD06-Q001-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The sponsor exhausted all efforts to obtain
additional funding from other sources. The project is comparable to
other similar projects developed in the area and is economically
designed.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Greater St. Stephen Manor, New Orleans, LA;
Project Number: 061-EE093/GA06-S001-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 4, 2002.
Reason Waived: The project is comparable to other similar
projects developed in the area and is economically designed. The
sponsor has exhausted all efforts to obtain additional funding.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Greenview Apartments, Cheyenne, WY; Project
Number: 109-HD011/WY99-Q991-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 5, 2002.
Reason Waived: Higher construction costs have substantially
increased the cost of the project. The project is economically
designed and the sponsor has exhausted all efforts to obtain
additional funds from other 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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: Great Falls Elder Housing, Great Falls, MT;
Project Number: 012-EE266/NY36-S991-006.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 5, 2002.
Reason Waived: The sponsor exhausted all efforts to obtain
additional funding from other sources. The project is economically
designed and comparable to other similar projects developed in the
area.
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-
3000, extension 3821.
Regulation: 24 CFR 891.100(d).
Project/Activity: PARC Place, Peoria, IL; Project Number: 072-
HD112/IL06-Q001-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 8, 2002.
Reason Waived: The project is economically designed, comparable
to other similar projects developed in the area, and the sponsor/
owner has exhausted all efforts to secure additional funds from
other sources.
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-
3000, extension 2696.
Regulation: 24 CFR 891.100(d).
Project/Activity: Our Savior's Manor, Westland, MI; Project
Number: 044-EE071/MI28-S000-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 8, 2002.
Reason Waived: In a previous memorandum, amendment funds in the
amount of $897,200 were requested but included the minimum capital
investment of $10,000 as a part of the additional funds being
provided by the sponsor to the project. HUD approved only $887,200
resulting in a $10,000 shortfall. Based on the fact that the $10,000
was included in error as a part of the sponsor's contribution of
additional funds, the waiver was granted for the additional $10,000.
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-
3000, extension 2696.
Regulation: 24 CFR 891.100(d).
Project/Activity: Northport Apartments, North Sioux City, SD;
Project Number: 091-EE004/SD99-S001-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 21, 2002.
Reason Waived: The project is economically designed, comparable
to other similar projects developed in the area, and the sponsor/
owner secured a $200,000 grant from the Federal Home Loan Bank.
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-
3000, extension 2696.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Developmental Pathways, Incorporated, Aurora,
CO; Project Number: 101-HD025/CO99-Q991-002.
Nature of Requirement: Section CFR 891.100(d) prohibits
amendment of the amount of approved capital advance funds prior to
initial closing. Section 891.165 provides that the duration of the
fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 30, 2002.
Reason Waived: The project is economically designed and
comparable to other projects developed in the area. The sponsor has
exhausted all efforts to obtain funding from other sources other
than the $150,000 it is receiving from the Colorado Division of
Housing. Also, additional time is necessary to issue the firm
commitment and arrange for the initial closing.
Contact: Gail Williamson, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2473.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: ARC MU 11, Tinton Falls, NJ; Project Number:
031-HD079/NJ39-Q971-002.
Nature of Requirement: Section CFR 891.100(d) prohibits
amendment of the amount of approved capital advance funds prior to
initial closing. Section 891.165 provides that the duration of the
fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 30, 2002.
Reason Waived: A significant portion of the delay in processing
the Firm
[[Page 54720]]
Commitment was due to the loss of staff and other priorities and it
took 8 months to find another contractor after the first one
withdrew from the project. Amendment funds were needed because the
new contractor's costs were higher due to an increase in the Davis-
Bacon wage rates. The project is economically and modestly designed,
comparable to similar projects developed in the area, and the owner
has no additional funds to cover the shortfall of funds required to
close the project.
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-
3000, extension 2696.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Pontiac Volunteers of America Elderly Housing,
Inc., Pontiac, MI; Project Number: 044-EE067/MI28-S991-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 14, 2002.
Reason Waived: The project is economically designed and
comparable to other similar projects developed in the jurisdiction
but additional costs were incurred due to the dramatic rise in
construction costs in Southeast Michigan. The sponsor has exhausted
all efforts to obtain additional funding from other sources.
Additionally, the project was delayed due to the need for the owner
to locate another site.
Contact: Evelyn Berry, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2483.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Belfast Volunteers of America (VOA) Elderly
Housing, Belfast, ME, Project Number: 024-EE042/ME36-S981-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 19, 2002.
Reason Waived: The project is economically designed, is
comparable to other similar projects developed in the jurisdiction,
and the sponsor has exhausted all efforts to obtain additional
funding from other sources. Also, the owner incurred delays in an
effort to locate additional funds to cover construction costs and
the construction start will be delayed until spring due to harsh
winter conditions.
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-
3000, extension 6788.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: The Salvation Army Lake View Terrace
Silverlake Residence, Los Angeles, CA; Project Number: 122-EE159/
CA16-S991-010.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 23, 2002.
Reason Waived: The project is economically designed and
comparable to other similar projects developed in the jurisdiction.
The sponsor has exhausted all efforts to obtain additional funding
from other sources, and the requested increase is due, in part, to
rising construction costs and extraordinary high fees imposed by the
city. Also, the project incurred significant delays associated with
the lengthy application process required for an amendment to the
general plan for the project, zoning change and building line
adjustment and variance.
Contact: Evelyn Berry, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2483.
Regulation: 24 CFR 891.165.
Project/Activity: Palms Manor, Los Angeles, CA; Project Number:
122-HD113/CA16-Q981-005P.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 1, 2002.
Reason Waived: The sponsor needed to acquire additional funds to
purchase the site and for the architect to correct an error to the
architectural drawings.
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-
3000, extension 6788.
Regulation: 24 CFR 891.165.
Project/Activity: Pathways, Greenwich, CT; Project Number: 017-
HD022-/CT26-Q981-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 27, 2002.
Reason Waived: Project is being challenged by an adjacent
neighborhood group and is currently tied up in court.
Contact: Monique S. Love, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2475.
Regulation: 24 CFR 891.165.
Project/Activity: Presbyterian Home at Stafford, Stafford
Township, NJ; Project Number: 035-EE037-/NJ39-S991-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The sponsor experienced delays due to difficulty
in finding an architect and slow responses from contractors who were
submitting bids for the project.
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-
3000, extension 5787.
Regulation: 24 CFR 891.165.
Project/Activity: TWB Residential Opportunities II, Suffolk
County, NY; Project Number: 012-HD093-/NY36-Q991-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The owner is experiencing difficulty in obtaining
a building permit for one of the sites.
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-
3000, extension 2482.
Regulation: 24 CFR 891.165.
Project/Activity: Project Live XI, East Orange, NJ, Project
Number: 031-HD098-/NJ39-Q991-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund
[[Page 54721]]
reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The sponsor experienced delays due to the
additional requirements in securing secondary financing and
selecting a suitable general contractor.
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-
3000, extension 5787.
Regulation: 24 CFR 891.165.
Project/Activity: Evergreen Village Senior Apartments, Everett,
WA; Project Number: 127-EE024/WA19-S991-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 28, 2002.
Reason Waived: The project has been delayed due to a change in
the county's planned residential development regulations that
required the owner to address additional planning issues.
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-
3000, extension 5787.
Regulation: 24 CFR 891.165.
Project/Activity: Visalia Senior Housing, Visalia, CA; Project
Number: 121-EE127/CA39-S991-006.
Nature Of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 8, 2002.
Reason Waived: A major project redesign was needed to reduce
project costs.
Contact: Sennai Cham, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2610.
Regulation: 24 CFR 891.165.
Project/Activity: Greater Community Housing, Louisville, KY;
Project Number: 083-HD056/KY36-Q991-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 8, 2002.
Reason Waived: The sponsor had difficulty obtaining an
acceptable appraisal and experienced difficulty locating a
contractor who would work 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-
3000, extension 2696.
Regulation: 24 CFR 891.165.
Project/Activity: Ada S. McKinley IV, Chicago, IL; Project
Number: 071-HD110/IL06-Q981-007.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 8, 2002.
Reason Waived: A new site had to be located since the proximity
of the two sites did not meet the requirements of the State.
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-
3000, extension 2696.
Regulation: 24 CFR 891.165.
Project/Activity: Kiva Apartments, Tucson, AZ; Project Number:
123-HD026/AZ20-Q991-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 11, 2002.
Reason Waived: The project experienced delays in securing
approval of the drawings for repairs to meet Americans with
Disabilities Act guidelines, securing an appropriate asbestos
abatement plan, and the loss of the sponsor's first project manager.
Contact: Sennai Cham, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2610.
Regulation: 24 CFR 891.165.
Project/Activity: Advance Supportive Housing Project, Bergen
County, NJ; Project Number: 031-HD101/NJ39-Q991-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 11, 2002.
Reason Waived: The project incurred delays due to the need to
substitute a new unit for one of the original scattered sites and
secure a qualified contractor.
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-
3000, extension 6788.
Regulation: 24 CFR 891.165.
Project/Activity: Haiku Group Home, Kaneohe, HI; Project Number:
140-HD020/HI10-Q991-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 21, 2002.
Reason Waived: The contractor selected for the project filed
bankruptcy and the owners had to search for a new contractor.
Contact: Sennai Cham, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2610.
Regulation: 24 CFR 891.165.
Project/Activity: St. Paul Elder Housing Development, St. Paul,
MN; Project Number: 092-EE060/MN46-S991-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 21, 2002.
Reason Waived: Due to poor soil conditions at the site, delays
occurred while a cost effective foundation system for the building
was developed.
Contact: Sennai Cham, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2610.
Regulation: 24 CFR 891.165.
Project/Activity: Hayworth Housing, Los Angeles, CA; Project
Number: 122-HD118-WPD-NP/CA16-Q991-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 23, 2002.
Reason Waived: Additional time was needed for the sponsor to
address a full seismic retrofit for the project and to finalize
secondary funding sources.
[[Page 54722]]
Contact: Monique S. Love, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2475.
Regulation: 24 CFR 891.165.
Project/Activity: Obed Avenue, North Providence, RI; Project
Number: 016-HD025/RI43-Q991-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 2002.
Reason Waived: Additional time was needed to resolve zoning
issues.
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-
3000, extension 3821.
Regulation: 24 CFR 891.165.
Project/Activity: St. Boniface Gardens Inc., Pembroke Pines,
Broward County, FL; Project Number: 066-EE074-/FL29-S991-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: April 2, 2002.
Reason Waived: There was an unexpected delay in getting a plat
recorded.
Contact: Sennai Cham, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone: (202) 708-
3000, extension 2610.
Regulation: 24 CFR 891.205.
Project/Activity: Bridgeway Apartments, Phase II, Picayune, MS;
Project Number: 065-HD025/MS26-Q001-002.
Nature of Requirement: Single-Purpose Owner. Section 891.205
requires that Section 202 project owners be single-purpose
corporations.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 2002.
Reason Waived: The project will be built adjacent to the
sponsor's existing project and one owner-entity would promote
greater service provision.
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-
3000, extension 2696.
Regulation: 24 CFR 891.310(b)(1) and (b)(3).
Project/Activity: Bridgeway Apartments Phase II, Picayune, MS,
Project Number: 065-HD025/MS26-Q001-002.
Nature of Requirement: HUD's regulation at 24 CFR 891.310(b)(1)
and (b)(3) requires that all entrances, common areas, units to be
occupied by resident staff, and amenities must be readily accessible
to and usable by persons with disabilities.
Granted By: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 14, 2002.
Reason Waived: The project consists of two developments on non-
contiguous sites; a new construction group home to serve eight
persons with developmental disabilities and an independent living
apartment project containing five units for persons with
developmental disabilities. The group home will be fully accessible.
As a result, more than 50 percent of the project's units would meet
all accessibility requirements even though the majority of potential
occupants do not require handicapped accessibility.
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-
3000, extension 5787.
Regulation: 24 CFR 891.410(c).
Project Activity: Sunset Fields Apartments, Fennimore, WI;
Project Number: 075-EE058-NP-WAH/L8.
Nature of Requirement: HUD regulations at 24 CFR 891.410(c)
limit occupancy to very low-income elderly persons, i.e., households
of one or more persons at least one of whom must be 62 years of age
at the time of initial occupancy.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 2002.
Reason Waived: The Milwaukee Multifamily Program Center
requested waiver of this regulation due to the project's severe
vacancy problems. If occupancy is not increased, revenue will be
insufficient to meet the operating expenses of the project. The
management agent has aggressively pursued advertising strategies to
market units; however, in spite of his efforts vacancies still
exist. This waiver will allow elderly and near elderly families who
are at or over age 55 and low-income to apply for admission, thereby
attempting to improve occupancy rates. This waiver is effective for
one year from the date of approval.
Contact: Beverly J. Miller, Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 6160, Washington, DC 20410-7000; telephone: (202)
708-3730.
Regulation: 24 CFR 891.410(c) and 24 CFR 5.110.
Project Activity: Birmingham Building Trades Towers (BBTT),
Birmingham, AL; Project Number: 062-SH006.
Nature of Requirement: Section 891.410(c) limits occupancy to
very low-income elderly persons, i.e., households of one or more
persons at least one of whom must be 62 years of age at the time of
initial occupancy. Section 5.110 relates to admission of families to
projects for elderly or handicapped families that received
reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Granted by: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 4, 2002.
Reason Waived: The Jacksonville Multifamily Hub requested an age
waiver for the subject project because the current occupancy level
will not support the project. Vacant units will be marketed to
people between the ages of 55 and 62 with or without disabilities.
Providing for a waiver of the elderly and handicapped requirements
will allow the owner additional flexibility to rent up units. This
waiver is in effect for one year from the date of approval.
Contact: Beverly J. Miller, Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 6160, Washington, DC 20410-7000; telephone: (202)
708-3730.
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.
Regulation: 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
------------------------------------------------------------------------
10335072 Cheyenne Villa................... NE
02335298 City Wide Apartments............. MA
01635043 Cross Street Apartments.......... RI
05435436 Dillon Manor..................... SC
06135287 Edgewood Housing I............... GA
04832006 Gardenview....................... MI
01257111 Grant Development Associates..... NY
05435451 Kalmia Apartments................ SC
01635051 Medina Village Apartments........ RI
04335223 Nichols Townhomes................ OH
04635578 Northland Village Apartments..... OH
07235066 Orlando Northbrook Estates....... IL
04335224 Plumly Townhomes................. OH
08335289 Walnut Court Apartments.......... KY
01257106 Williamsburg Apartments.......... NY
04335203 Williamsburg Square.............. OH
01235200 675 Empire Boulevard............. NY
04535094 Clarksburg Towers................ WV
01635053 Curtis Arms Apartments........... RI
01257083 Howard Avenue Rehabilitation..... NY
05935199 Middle Creek Apartments.......... LA
06435034 Shady Oaks Homes................. LA
09335083 The Elmwoods..................... MT
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first
[[Page 54723]]
expiration date after January 1, 1998. 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: Barbara Chiapella, Acting Director, Office of
Multifamily Housing Assistance Restructuring.
Date Granted: January 7, 2002.
Reasons Waived: The projects identified above were not assigned
to the participating administrative entities (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.
Regulation: 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
------------------------------------------------------------------------
05335320 Academy Village Apartments....... NC
03135195 Aspen Stratford C................ NJ
09335086 Cedar View Apartments............ MT
04844005 Cranbrook Village Cooperative.... MI
04335242 Delaware Village................. OH
11535199 Falfurrias Village Apartments.... TX
17135141 Hifumi En Apartments............. WA
10235120 Horizon Plaza.................... KS
01257083 Howard Avenue Rehabilitation..... NY
00035193 Hunter Pines East Apartments..... DC
05935193 Monterey Hills Apartments........ LA
08335316 Mountainview Estates............. KY
08335333 Pegasus 80....................... KY
11535213 Queens Village Apartments........ TX
10135269 Ridgeview Apartments............. CO
10135263 Sleeping Ute Apartments.......... CO
11835098 Southwind Acres.................. OK
04535010 Tri-City Housing Cooperation..... WV
04335245 Urbana Village North (Gwynne OH
Village).
12335106 Westward Ho Apartments........... AZ
11535187 Woodland Creek Apartments........ TX
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first
expiration date after January 1, 1998. 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: Barbara Chiapella, Acting Director, Office of
Multifamily Housing Assistance Restructuring.
Date Granted: February 15, 2002.
Reasons Waived: The projects identified above 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.
Regulation: 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
------------------------------------------------------------------------
05335320 Academy Village Apartments....... NC
01257128 Andrews Plaza.................... NY
03135194 Aspen Stratford B................ NJ
04335257 Calumet/Horizon.................. OH
06157001 Capitol Avenue School............ GA
04844005 Cranbrook Village Cooperative.... MI
12135677 Eureka Central Residence......... CA
01257101 Grand Concourse Phase I.......... NY
11535221 Los Ebanos Apartments............ TX
08335316 Mountainview Estates............. KY
05135329 North Fork Manor Apartments...... VA
14311047 Pioneer Park Plaza Apartments.... CA
05235308 Upton Courts..................... MD
04235294 Westland Gardens................. OH
12735313 Willapa Landing Apartments....... WA
------------------------------------------------------------------------
Nature of Requirement: Section 401.600 requires that projects be
marked down to market rents within 12 months of their first
expiration date after January 1, 1998. 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: John C. Weicher, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 6, 2002.
Reasons Waived: The projects identified above 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 public housing drug
elimination program (PHDEP) waiver actions, please see the name of
the contact person immediately following the description of the
waiver granted.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Indianapolis Housing Authority (IHA),
Indianapolis, IN; IN36DEP0170197.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the Assisted
Housing program, and 24 months for PHDEP. In accordance with this
section, HUD may grant an extension of the grant term in response to
a written request for an extension stating the need for the
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 13, 2002.
Reason Waived: The IHA experienced extenuating circumstances
relating to the PHDEP grant's eligible activities, which HUD was
attempting to resolve. This required an extended period of time to
complete an assessment of grant activities and costs, submit
vouchers for payment and process the necessary documents for close-
out of the grant. The field office made a determination that the
costs were allowable expenses and eligible for payment.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Hampton Redevelopment Housing Authority,
Hampton, VA; VA36DEP017099.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the assisted
housing program, and 24 months for the public housing program. In
accordance with this section, HUD may grant an extension of the
grant term in response to a written request stating the need for the
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 25, 2002.
Reason Waived: The waiver was granted to allow the housing
authority to proceed with implementation of its planned PHDEP grant
activities, enough time to draw down the remaining grant funds from
the Line of Credit Control System (LOCCS), and time to close out the
grant.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Wilmington Housing Authority, Wilmington, DE;
DE26DEP0010197.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the assisted
housing program, and 24 months for the public housing program. In
accordance with this section, HUD may grant an extension of the
grant term in response to a written request stating the need for the
[[Page 54724]]
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 5, 2002.
Reason Waived: The waiver was granted to allow the housing
authority to use the balance of the PHDEP grant for reimbursement
for services rendered and to cover grant related administrative
expenses.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Chester County Housing Authority, Chester
County, PA; PA01DEP0460198.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the assisted
housing program, and 24 months for the public housing program. In
accordance with this section, HUD may grant an extension of the
grant term in response to a written request stating the need for the
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 11, 2002.
Reason Waived: The Chester County Housing Authority felt that
they should not move forward with these programs under the PHDEP
until a determination could be made of the authority's financial
situation. The Chester County Housing Authority ceased any planning
for programmatic activities such as after school care, adult skills
training and the purchase of equipment requiring the full
procurement process.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Chester County Housing Authority, Chester
County, PA; PA01DEP0460197.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the assisted
housing program, and 24 months for the public housing program. In
accordance with this section, HUD may grant an extension of the
grant term in response to a written request stating the need for the
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 11, 2002.
Reason Waived: The Chester County Housing Authority felt that
they should not move forward with their programs under the PHDEP
grant until a determination was made of the authority's financial
situation. The Chester County Housing Authority ceased any planning
for programmatic activities. An operational assessment was completed
and the housing authority was granted the waiver to proceed with the
planning and implementation of its grant activities.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 761.30(b)(2).
Project/Activity: Charleston Housing Authority, Charleston, WV;
WV15DEP0010197.
Nature of Requirement: Section 761.30(b)(2) provides that terms
of the grant agreement may not exceed 12 months for the assisted
housing program, and 24 months for the public housing program. In
accordance with this section, HUD may grant an extension of the
grant term in response to a written request stating the need for the
extension and indicating the additional time required.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 14, 2002.
Reason Waived: The Charleston Housing Authority requested a time
extension in order to draw down the remaining grant funds to pay
vendors that have provided services for the PHDEP activities, and
sufficient time to close out the grant.
Contact: Sonia L. Burgos, Director, Community Safety and
Conservation Division, Office of Public and Assisted Housing
Delivery, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; telephone: (202) 708-1197,
extension 4237.
Regulation: 24 CFR 982.306(d).
Project/Activity: Lincoln County Public Housing Agency, Bowling
Green, MO; Housing Choice Voucher Program.
Nature of Requirement: Section 982.306(d) limits the
circumstances under which a public housing agency may approve the
leasing of a unit if the owner of the unit is a close relative of
the family.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 21, 2002.
Reason Waived: Approval of the waiver permitted a large family
to lease a unit from a relative because of the unavailability of
suitable vacant rental housing in the public housing agency's
jurisdiction.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 982.503(c)(2)(ii).
Project/Activity: City of Tucson Community Services Department,
Tucson, AZ; Housing Choice Voucher Program.
Nature of Requirement: Section 982.503(a)(2)(ii) provides that
the HUD field office may approve an exception payment standard
between 110% and 120% of the published fair market rent if required
as a reasonable accommodation for a family that includes a person
with disabilities.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: January 8, 2002.
Reason Waived: Approval of the waiver to allow the field office
to approve an exception payment standard in excess of 120% made it
possible for a family that includes a person with disabilities to
lease suitable housing under the program.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 982.503(c)(2)(ii).
Project/Activity: Housing Authority of the County of Los
Angeles, Monterey Park, CA; Housing Choice Voucher Program.
Nature of Requirement: Section 982.503(c)(2)(ii) provides that
the HUD field office may approve an exception payment standard
between 110% and 120% of the published fair market rent if required
as a reasonable accommodation for a family that includes a person
with disabilities.
Granted By: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: January 15, 2002.
Reason Waived: Approval of the waiver to allow the field office
to approve an exception payment standard in excess of 120% made it
possible for a family that includes a person with disabilities to
remain in their current unit. It would have been a hardship on this
family to seek alternative housing due to current health issues.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51.
Project/Activity: The Virgin Islands Housing Authority (VIHA),
St. Thomas, VI; Project-based Assistance (PBA) program. VIHA
requested a waiver to permit it to attach PBA to all 80 units at
Croixville Apartments. Croixville Apartments was selected to undergo
rehabilitation under the Moderate Rehabilitation (Mod Rehab) Program
over twelve years ago. Prior to the execution of a housing
assistance payments contract under the Mod Rehab Program, the
project suffered substantial damage as a result of Hurricane Hugo.
The units have stood vacant and unsuitable for occupancy since that
time. The VIHA has acquired the property and has selected Michaels
Development Company, Inc. to accomplish the rehabilitation of the
Croixville Apartments.
Nature of Requirement: Section 983.51 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 6, 2002.
Reason Waived: Approval of the waiver will permit VIHA to
renovate Croixville
[[Page 54725]]
Apartments and maintain its original intended use as an affordable
housing development for 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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: Housing Authority of the County of Chester
(HACC), West Chester, PA; PBA program. HACC requested a waiver to
permit it to attach PBA to all 33 units of a PHA-owned, mixed
financed senior citizen facility, Honey Brook. The development plan
for this facility was already submitted to a tax credit competition
by the Pennsylvania Housing Finance Authority unit.
Nature of Requirement: Section 983.51(a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 5, 2002.
Reason Waived: Approval of the waivers will provide affordable
rental housing units for very low-income senior citizens.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: Lowell Housing Authority (LHA), Lowell, MA;
PBA program. LHA requested a waiver to permit it to select owner
proposals from the Residents First Development Corporation (RFDC)
and Winn Development (owner of Princeton Village) to provide PBA to
45 duplex units in a 180-unit development of proposed new
construction and 37 units in a 151-unit project (Princeton Village).
Both developments are located in state-designated revitalization
areas. RFDC is a non-profit affiliate of the LHA and Princeton
Village was competitively selected for Low Income Tax Credits.
Nature of Requirement: Section 983.51 (a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 5, 2002.
Reason Waived: Approval of the waivers will permit LHA to
support the City of Lowell's revitalization efforts. The City of
Lowell and LHA want to ensure that low-income people maintain access
to housing in the revitalization areas as the areas are redeveloped
to attract residents from higher income ranges.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: Housing Authority of the City of Aiken (HACA),
Aiken, SC; PBA program. HACA requested a waiver to permit it to
select owner proposals from the New Labor Housing and Economic
Development Corporation (a non-profit affiliate of HACA) to provide
PBA to 27 proposed single-family units that are part of a 44-unit
project, Busch Crossing. The New Labor Housing and Economic
Development Corporation was competitively awarded low-income housing
tax credits by the South Carolina State Housing Finance and
Development Authority. Busch Crossing will replace 60 condemned
public housing units that were demolished.
Nature of Requirement: Section 983.51(a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 5, 2002.
Reason Waived: Approval of the waivers will provide for new
development of affordable rental housing units 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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: The Tampa Housing Authority (THA), Tampa, FL;
PBA program. THA requested a waiver to permit it to provide PBA to
all of the units of a HUD-owned 63-unit assisted living facility
Palm Terrace. The THA intends to purchase the facility through the
Atlanta Multifamily Disposition Office.
Nature of Requirement: Section 983.51(a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 7, 2002.
Reason Waived: Approval of the waivers meets the Department's
goal of housing elders in assisted living facilities with vouchers;
and the units would be affordable to voucher program participants in
need of this type of facility since the THA will own and manage the
units.
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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: Housing Authority of the County of Chester
(HACC), West Chester, PA; PBA program. HACC and its partner, The
Community Builders, Inc., who will be the general partner of the
owner of the project, Downtown Revival Limited Partnership requested
a waiver to permit it to attach PBA to ten out of 22 general
occupancy units in six contiguous revitalized commercial buildings
in downtown Coatesville, Pennsylvania. The project, Apartments-Over-
Commercial Phase, is part of a HOPE VI revitalization plan to
replace 192 demolished Oak Street and Woodland Parkway public
housing units. This project has already been competitively awarded
HOPE VI grant funds by the Department in 1997 as well as low-income
tax credits by the Pennsylvania Housing Finance Agency.
Nature of Requirement: Section 983.51(a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 12, 2002.
Reason Waived: Approval of the waivers will provide affordable
rental housing units for 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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 983.51(a) and (b).
Project/Activity: San Francisco Housing Authority (SFHA), San
Francisco, CA; PBA program. SFHA requested a waiver to permit it to
attach PBA assistance to 119 units out of 341 replacement units in a
HOPE VI development, the North Beach Redevelopment Project. The
project will be owned and managed by North Beach Development
Associates, LLC (NBDA). The SFHA will continue to own the property
upon which the project will be developed. NBDA was competitively
awarded HOPE VI funds by the Department to demolish and revitalize
the North Beach Place public housing project.
Nature of Requirement: Section 983.51(a) and (b) 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: Michael Liu, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 13, 2002.
Reason Waived: Approval of the waivers will provide affordable
rental housing units for 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., Room 4210,
Washington, DC 20410; telephone: (202) 708-0477.
Regulation: 24 CFR 1000.214.
Project/Activity: The Native Village of Pilot Station, AK,
requested a waiver of the deadline for submission of the Indian
Housing Plan.
Nature of Requirement: Section 1000.214 provides that recipients
must initially send
[[Page 54726]]
the Indian Housing Plan (IHP) to the Area Office of Native American
Programs (ONAP) no later than July 1 of each year. Grant funds
cannot be provided until the plan is submitted and determined to be
in compliance with section 102 of the Native American Housing
Assistance and Self-Determination Act (NAHASDA) of 1996.
Granted By: Michael Liu, Assistant Secretary, Office of Public
and Indian Housing.
Date Granted: March 15, 2002.
Reason Waived: The Native Village of Pilot Station initially
designated the Calista Corporation to be its tribally designated
housing entity (TDHE) for Fiscal Year (FY) 2001 Indian Housing Block
Grant (IHBG) funding. The Calista Corporation submitted an IHP for
FY 2001 funds, including the Native Village of Pilot Station. After
reviewing the IHP of Calista Corporation, ONAP made the
determination that Calista Corporation, as a tribe, cannot be a TDHE
for the Native Village of Pilot Station or any other tribes as
defined by NAHASDA. On August 24, 2001, the Calista Corporation
revised their IHP and the Native Village of Pilot Station was not
included. Since the Native Village of Pilot Station can be a
recipient of IHBG funds, they requested to submit their own IHP
after the regulatory due date for FY 2001 funds.
Contact: Deborah Lalancette, Director, Grants Management, Denver
Program ONAP, Department of Housing and Urban Development, 1999
Broadway, Suite 3390, Denver, CO 80202; telephone: (303) 675-1600,
extension 3325.
Regulation: 24 CFR 1000.312.
Project/Activity: The Housing Authority of the Creek Nation of
Oklahoma requested a waiver to allow units to be counted as formula
assisted stock.
Nature of Requirement: Section 1000.312 requires that only units
owned or operated pursuant to an Annual Contributions Contract (ACC)
be included in the Formula Current Assisted Stock (FCAS).
Granted By: Michael Liu, Assistant Secretary, Office of Public
and Indian Housing.
Date Granted: January 24, 2002.
Reason Waived: The housing authority determined that structural
deficiencies found in foundations were extreme and posed a serious
threat to the health and safety of the residents. In addition, the
Tribe has agreements with lessees and homebuyers for these units
that would continue to apply once the units are demolished and
replaced. These agreements are predicated upon subsidy from the
Department. Continuation of subsidy is necessary for the Tribe to
uphold these agreements.
Contact: Deborah Lalancette, Director, Grants Management, Denver
Program ONAP, Department of Housing and Urban Development, 1999
Broadway, Suite 3390, Denver, CO 80202; telephone: (303) 675-1600,
extension 3325.
[FR Doc. 02-21487 Filed 8-22-02; 8:45 am]
BILLING CODE 4210-32-P