[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53294-53312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18120]



[[Page 53293]]

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Part II





Department of Housing and Urban Development





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 Notice of Regulatory Waiver Requests Granted for the Second Quarter of 
Calendar Year 2007; Notice

  Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5148-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2007

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on April 1, 2007 and ending on June 30, 2007.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 10276,Washington, DC 20410-0500, telephone (202) 708-
3055 (this is not a toll-free number). Persons with hearing- or speech-
impairments may access this number through TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 2007.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from April 
1, 2007, through June 30, 2007. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Panning and Development, the Office of Fair Housing 
and Equal Opportunity, the Office of Housing, and the Office of Public 
and Indian Housing, etc.). Within each program office grouping, the 
waivers are listed sequentially by the regulatory section of title 24 
of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the second quarter of 
calendar year 2007) before the next report is published (the third 
quarter of calendar year 2007), HUD will include any additional waivers 
granted for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: September 7, 2007.
Robert M. Couch,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development April 1, 
2007 through June 30, 2007

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

    The regulatory waivers granted appear in the following order:

I. Regulatory waivers granted by the Office of Community Planning 
and Development
II. Regulatory waivers granted by the Office of Housing
III. Regulatory waivers granted by the Office of Public and Indian 
Housing

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

     Regulations: 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
    Project/Activity: The State of Georgia request to waive 
regulatory requirements at 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
    Nature of Requirement: Section 91.115(c)(2) of HUD's regulations 
(24 CFR 91.115(c)(2)) require that a minimum of 30 days be allowed 
for public comment following an amendment to a state's consolidated 
plan. Section 91.115(i) requires that the state follows its citizen 
participation plan. Under a state's citizen participation plan, 
technical assistance is to be given to groups representative of low- 
and moderate-income persons that request such assistance in 
developing proposals for funding assistance under any of the 
programs covered by the consolidated plan, with the level and type 
of assistance to be determined by the jurisdiction.
    Granted By: Pamela H. Patenaude, Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 4, 2007.
    Reason Waived: The storms of March 2007 caused significant 
damage to commercial and

[[Page 53295]]

residential buildings in the State of Georgia counties of Baker, 
Clay, Crawford, McDuffie, Mitchell, Muscogee, Stewart, Sumter, 
Taylor, Warren, Webster, and Wilkinson (disaster-declared areas). 
The waiver enabled the State of Georgia to quickly respond to the 
needs of the affected communities by allowing an expedited public 
comment period (5 days) for any amendments needed for the 
consolidated or action plan.
    Contact: Diane Lobasso, Director, State and Small Cities 
Division, Office of Block Grant Assistance, Office of Community 
Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 7184, Washington, DC 
20410-7000, telephone (202) 402-2191.

     Regulations: 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
    Project/Activity: The State of Kansas request to waive 
regulatory requirements at 24 CFR 91.115(c)(2) and 24 CFR 91.115(i).
    Nature of Requirement: Section 91.115(c)(2) of HUD's regulations 
(24 CFR 91.115(c)(2)) require that a minimum of 30 days be allowed 
for public comment following an amendment to a state's consolidated 
plan. Section 91.115(i) requires that the state follows its citizen 
participation plan. Under a state's citizen participation plan, 
technical assistance is to be given to groups representative of low- 
and moderate-income persons that request such assistance in 
developing proposals for funding assistance under any of the 
programs covered by the consolidated plan, with the level and type 
of assistance to be determined by the jurisdiction.
    Date Granted By: Pamela H. Patenaude, Assistant Secretary for 
Community Planning and Development.
     Granted: May 22, 2007.
    Reason Waived: HUD recognized that due to the tornado of May 5, 
2007, there was significant damage to most of the City of Greensburg 
located in Kiowa County, Kansas. The waiver enabled the State of 
Kansas to quickly respond to the needs of the affected area by 
allowing an expedited public comment period (3 days) for amendments 
needed for the consolidated or action plan.
    Contact: Diane Lobasso, Director, State and Small Cities 
Division, Office of Block Grant Assistance, Community Planning and 
Development, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 7184, Washington, DC 20410-7000, telephone 
(202) 402-2191.

     Regulations: 24 CFR 92.300(a)(1).
    Project/Activity: The City of Yakima, Washington, request to 
waive 24 CFR 92.300(a)(1) of the HOME regulations.
    Nature of Requirement: Section 92.300(a)(1) of the HOME program 
regulations (24 CFR part 92) permits participating jurisdictions 
(PJs) to award community housing development organizations (CHDOs) 
to set-aside funds to limited partnerships that include a qualified 
CHDO as the managing general partner.
    Granted By: Pamela H. Patenaude, Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 14, 2007.
    Reasons Waived: The City of Yakima proposed to provide HOME CHDO 
set-aside funds to Next Step Housing, a CHDO. Next Step Housing 
would, in turn, provide the funds to a limited liability corporation 
(LLC) which would own and manage the Pear Tree Place apartments. The 
CHDO would be the sole managing member of the LLC and would have 
effective project control over its operations. The PJ asserted that 
the CHDO had the organizational capacity to manage the project.
    Contact: Virginia Sardone, Office of Affordable Housing 
Programs, Office of Community Planning and Development, Department 
of Housing and Urban Development, 451 Seventh Street SW., Room 7158, 
Washington, DC 20410-7000, telephone 202-708-2470.

     Regulation: 24 CFR 570.208(a)(3).
    Project/Activity: City of Corpus Christi, Texas, request to 
waive regulatory requirements of 24 CFR 570.208(a)(3).
    Nature of Requirement: The regulation at 24 CFR 570.208(a)(3) 
requires that at least 51 percent of the units in multifamily 
residential structures be occupied by low- and moderate-income 
households. When less than 51 percent of the units in a structure 
will be occupied by low- and moderate-income households, Community 
Development Block Grant (CDBG )assistance may be provided in the 
following limited circumstances provided in 24 CFR 570.208(a)(3)(i): 
(A) The assistance is for an eligible activity to reduce the 
development cost of the new construction of a multifamily, non-
elderly rental housing project; (B) Not less than 20 percent of the 
units will be occupied by low- and moderate-income households at 
affordable rents; and (C) The proportion of the total cost of 
developing the project to be borne by CDBG funds is no greater than 
the proportion of units in the project that will be occupied by low- 
and moderate-income households.
    Granted By: Pamela H. Patenaude, Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 4, 2007.
    Reason Waived: The city indicated that the two structures 
assisted with CDBG funds would have less than 51 percent of the 
rental units occupied by low- and moderate-income households, but 
not less than the 20 percent required under the exception provision 
of 24 CFR 570.208(a)(3)(i). Because the activity to be undertaken 
would be the rehabilitation and conversion of two structures into 
multifamily housing, the city requested a regulatory waiver of 24 
CFR 570.208(a)(3)(i) which applies only to new construction. The 
CDBG portion of residential development costs would be no greater 
than the portion of units occupied by low- and moderate-income 
households.
    Contact: Kimberly Crabb, Community Planning and Development 
Specialist, Office of Block Grant Assistance, Office of Community 
Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 7282, Washington, DC 
20410-5000, telephone (202) 402-4521.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

     Regulation: 24 CFR Section 200.217(a)(5).
    Project/Activity: FHA Project 117-13003 Moore Medical Center, 
Moore, Oklahoma
    Nature of Requirement: Electronic submission of Previous 
Participation Certificates HUD-2530).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: January 8, 2007.
    Reason Waived: A waiver was granted in order to expedite the 
sale of Moore Medical Center to a new owner. Implementation of an 
electronic system to which the HUD-2530 applications were submitted 
was delayed and problematic. A delay in the previous participation 
clearance process would have increased the risk of a claim. Also, 
the financial viability of the facility improved by having the new 
owner-operator take over hospital operations quickly.
    Contact: John Whitehead, Director, Program Support Division, 
Office of Insured Health Care Facilities, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street, 
SW., Room 9224, Washington, DC 20410-8000, telephone (202) 708-0599.

     Regulation: 24 CFR 203.41(d).
    Project/Activity: First Homes Properties, Inc., Rochester, 
Minnesota.
    Nature of Requirement: Section 203.41(b) of HUD's regulations in 
Title 24 of the Code of Federal Regulations provide that a mortgage 
shall not be eligible for insurance if the mortgaged property is 
subject to legal restrictions on conveyance. Exceptions for legal 
restrictions on conveyance are made for eligible governmental or 
nonprofit programs designed to promote low- and moderate-income 
housing, in 24 CFR 203.41(c). Section 203.41(d) specifies that a 
violation of legal restrictions on conveyance may not be grounds for 
acceleration of the insured mortgage or for voiding a conveyance of 
the property, terminating the mortgagor's interest in the property, 
or subjecting the mortgagor to contractual liability other than 
requiring repayment of assistance provided to make the property 
affordable as low-or moderate-income housing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 27, 2007.
    Reason Waived: The waiver granted pertained to the restriction 
that a violation of legal restrictions on conveyance may not be 
grounds for voiding a conveyance of the mortgagor's interest in the 
property. There is a critical need in the Rochester, Minnesota area 
for low- and moderate-income housing. This waiver permitted First 
Homes Properties to void property transfers that are not in 
accordance with the requirements of the First Homes Ground lease, 
and acquire the property or otherwise ensure its conveyance

[[Page 53296]]

to another low-or moderate-income homebuyer.
    Contact: Maynard T. Curry, Housing Program and Policy 
Specialist, Office of Single Family Program Development, Rm. 9266, 
U. S. Department of Housing and Urban Development, 451 7th Street, 
SW., Washington, DC 20410.

     Regulation: 24 CFR 206.27(c).
    Project/Activity: Insured loan under the Home Equity Conversion 
Mortgage (HECM) Program.
    Nature of Requirement: Section 255 of the National Housing Act 
establishes the Home Equity Conversion Mortgage Program for Elderly 
Homeowners. Section 255(j) provides that the Secretary may not 
insure a home equity conversion mortgage under this section unless 
the mortgage provides that the homeowner's obligation to satisfy the 
loan obligation is deferred until the homeowner's death, the sale of 
the home or the occurrence of other events specified in regulations 
of the Secretary. HUD's implementing HECM regulations are codified 
in 24 CFR part 206. Section 206.27(c) specify the other events and 
provides in part, ``The mortgagee shall state that ``The mortgage 
balance will be due and payable in full if a mortgagor dies and the 
property is not the principal residence of at least one surviving 
mortgagor.'' The regulation clarifies that a homeowner's mortgage 
balance will be due and payable upon his or her death if the 
surviving spouse is also not a mortgagor of the property.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 2007.
    Reason Waived: The regulation was waived to allow an elderly 
spouse to become a mortgagor on an HECM loan, after her husband's 
death since she met the age requirement.
    Contact: Laurie A. Maggiano, Deputy Director, Office of Single 
Family Asset Management, Rm. 9176, U.S. Department of Housing and 
Urban Development, 451 7th Street, SW., Washington, DC 20410.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Pittsburgh, Pennsylvania (Fountain Court 
Consumer Housing Cooperative, Project Numbers 044-44197, 044-55086, 
044-55182 and 044-55186). The Detroit Multifamily Hub requested 
waiver of this regulation to allow for the re-amortization of the 
outstanding Flexible Subsidy debt with a new mortgage to refinance 
the mortgages on the properties with a non-insured lender.
    Nature of Requirement: HUD regulations at 24 CFR 219.220(b) 
govern the repayment of assistance provided under the Flexible 
Subsidy Program for Troubled Projects prior to May 1, 1996, 
requiring that assistance paid to project owners must be repaid at 
the earlier of the expiration of the term of the mortgage, 
termination of mortgage insurance, prepayment of the mortgage or at 
sale of the project. Section 5.110 of HUD's regulations 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: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 12, 2007.
    Reason Waived: The waiver was granted to allow modification of 
the terms of the flexible subsidy loan to prevent the property 
falling into serious disrepair. The waiver would allow the 
amortization of the Flexible Subsidy debt with a new mortgage to 
refinance the mortgages on the subject property with a non-insured 
lender. Although the properties have consistently received REAC 
scores above 60, the properties are 35 years old and require 
renovations to continue as well-maintained sources of affordable 
housing. The properties have provided affordable owner-cooperative 
housing since 1972. The Cooperative has maintained affordability 
under the Section 236 and 221(d)(3) BMIR program. The Cooperative 
requested permission to prepay the FHA-insured loans, address the 
physical needs, fully retire the Flexible Subsidy debt by annual 
payments of $76,000 scheduled over the new 30-year mortgage; and 
deposit $100,000 into the Cooperative's Reserve for Replacement 
account. The Cooperative will continue to operate after prepayment 
under a new Use Agreement preserving this affordable housing for 
low- and moderate-income residents until December 1, 2043.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 
20410-8000; telephone (202) 708-3730.

     Regulation: 24 CFR 401.461.
    Project/Activity: The following project listed below requested a 
waiver to the simple interest requirement on the second mortgage to 
allow compound interest at the applicable Federal Rate. (24 CFR 
401.461):

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              FHA No.                      Project             State
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04344088..........................  Maplewood Apartments.  OH
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    Nature of Requirement: Section 401.461 requires that the second 
mortgages have an interest rate not more than the applicable Federal 
Rate. Section 401.461(b)(1) states that interest will accrue but not 
be compound. The intent of simple interest instead of compound 
interest is to limit the size of the second mortgage accruals to 
increase the likelihood of long-term financial and physical 
integrity.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 25, 2007.
    Reason Waived: This regulatory restriction would be construed as 
a form of federal subsidy, thereby creating a loss of tax credit 
equity. This loss would adversely affect the ability to close the 
Restructuring Plan and could have caused the loss or deterioration 
of these affordable housing projects. Therefore, compound interest 
was necessary for the owner to obtain low-income housing tax credits 
under favorable terms and in order to maximize the savings to the 
federal government.
    Contact: John E. Hall, Office of Affordable Housing 
Preservation, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-8000, telephone 202-402-
2342.

     Regulation: 24 CFR 401.461.
    Project/Activity: The following project listed below requested a 
waiver to the simple interest requirement on the second mortgage to 
allow compound interest at the applicable Federal Rate. (24 CFR 
401.461):

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              FHA No.                      Project             State
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04335178..........................  Northwood Apartments.  OH
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    Nature of Requirement: Section 401.461 requires that the second 
mortgages have an interest rate not more than the applicable Federal 
Rate. Section 401.461(b)(1) states that interest will accrue but not 
be compound. The intent of simple interest instead of compound 
interest is to limit the size of the second mortgage accruals to 
increase the likelihood of long-term financial and physical 
integrity.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: March 12, 2007.
    Reason Waived: This regulatory restriction would be construed as 
a form of federal subsidy, thereby creating a loss of tax credit 
equity. This loss would adversely affect the ability to close the 
Restructuring Plan and could have caused the loss or deterioration 
of these affordable housing projects. Therefore, compound interest 
was necessary for the owner to obtain low-income housing tax credits 
under favorable terms and in order to maximize the savings to the 
federal government.
    Contact: John E. Hall, Office of Affordable Housing 
Preservation, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-8000, telephone 202-402-
2342.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hillcrest Senior Housing, Daly City, CA, 
Project Number: 121-EE180/CA39-S051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: March 30, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: The Marion Corner Apartments, Carthage, IL, 
Project Number: 072-EE162/IL06-S051-004.

[[Page 53297]]

    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 4, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Prairie Achievement Center, Monmouth, IL, 
Project Number: 072-HD145/IL06-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hickory Estates, Hermitage, MO, Project 
Number: 084-EE062/MO16-S051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: April 25, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Brook Oaks Senior Residences, Waco, TX, 
Project Number: 113-EE048/TX16-S051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 7, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Gulfport Manor, Gulfport, MS, Project Number: 
065-EE031/MS26-S001-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 7, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Capitol Heights Place II, Montgomery, AL, 
Project Number: 062-EE076/AL09-S051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 7, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Black Diamond Hope House, Smyrna, DE, Project 
Number: 032-HD033/DE26-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 8, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Reba Brown Senior Residence, Philadelphia, PA, 
Project Number: 034-EE141/PA26-S051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 10, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Rogers Supportive Housing, Rogers, MN, Project 
Number: 092-HD067/MN46-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 10, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Joseph Garden Courts, Inc., Orlando, FL, 
Project Number: 067-EE138/FL29-S051-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the

[[Page 53298]]

sponsor/owner exhausted all efforts to obtain additional funding 
from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Pine Ridge Drive Group Home, Louisa, VA, 
Project Number: 051-HD130/VA36-Q041-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: May 18, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: The Water Oaks Incorporated, Reynolds, GA, 
Project Number: 061-EE149/GA06-S051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: LaPalma Apartments, Miami, FL, Project Number: 
066-EE093/FL29-S021-014.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The project is economically designed and the cost 
appears reasonable as there are no other four unit group homes in 
the area to compare costs, and the sponsor/owner has exhausted all 
efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI Mobile, Mobile, AL, Project Number: 
062HD058/AL09-Q051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Paschall Senior Housing, Philadelphia, PA, 
Project Number: 034-EE145/PA26-S051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Baldwin Village, Steelton, PA, Project Number: 
034-HD088/PA26-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Walter Gum Manor, Orange, VA, Project Number: 
051-EE101/VA36-S031-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 29, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Applewood III, Lawrence, GA, Project Number: 
061-EE155/GA06-S051-008.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 1, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Developmental Pathways, Incorporated, Aurora, 
CO, Project Number: 101-HD043/CO99-Q051-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 6, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.


[[Page 53299]]


     Regulation: 24 CFR 891.100(d).
    Project/Activity: Maynor Street Group Home, Rocky Mount, VA, 
Project Number: 051-HD126/VA36-Q041-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 6, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Allegre Point Senior Residences, Incorporated, 
Decatur, GA, Project Number: 061-EE148/GA06-S051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 8, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Murphy Lake Apartments, Warrensburg, MO, 
Project Number: 084-EE065/MO16-S051-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 12, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Burlington Disabled Housing, Burlington, WI, 
Project Number: 075-HD088/WI39-Q041-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: White River Senior Housing, Buckley, WA, 
Project Number: 127-EE055/WA19-S051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Parker View Apartments, Project Number: 051-
EE103/VA3616-S041-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: John L. Rankin Senior Living, Russellville, 
AR, Project Number: 082-EE171/AR37-S051-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 20, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lafayette VOA Housing, Lafayette, GA, Project 
Number: 061-HD100/GA06-S051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Deer Haven Group Home, Buena Vista, VA, 
Project Number: 051-HD135/VA36-Q051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.

[[Page 53300]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Supportive Housing Development, Matteson, IL, 
Project Number: 071-HD147/IL06-Q041-010.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 26, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Mary Griffith, Heavener, OK, Project Number: 
118-HD036/OK56-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 29, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Sue Littlejohn House, McAlester, OK, Project 
Number: 118-HD034/OK56-Q051-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 29, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Dana's Garden, Shawnee, OK, Project Number: 
117-HD037/OK56-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 29, 2007.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, the sponsor/
owner exhausted all efforts to obtain additional funding from other 
sources and the additional cost was due to increased construction 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130.
    Project/Activity: Nuiqsut, Alaska, Nuiqsut, AK, Project Number: 
176-EE033/AK06-S021-008.
    Nature of Requirement: Section 891.130 prohibits officers and 
board members of the project's sponsor and owner from having any 
financial interest in any contract with the owner or any firm which 
has a contract with the owner. It also prohibits an identity of 
interest between the sponsor or owner with development team members 
or between development team members until two years after final 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 5, 2007.
    Reason Waived: The leasing of the site from the Village 
Corporation, to which all of the directors of the owner have an 
interest acquired under the Indian Claims Settlement Act, was 
approved because it is being leased for $1 and there is a lack of 
suitable sites in the community. The general contractor, of which 
the Village Corporation owns 51 per cent of the shares, was approved 
because of the specialized experience of the contractor for 
constructing in the community, the benefit to the community in 
providing employment opportunities for the local labor force, and 
the isolated location of the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130.
    Project/Activity: Kaktovic, Alaska, Wainwright, AK, Project 
Number: 176-EE032/AK06-S021-007.
    Nature of Requirement: Section 891.130 prohibits officers and 
board members of the project's sponsor and owner from having any 
financial interest in any contract with the owner or any firm which 
has a contract with the owner. It also prohibits an identity of 
interest between the sponsor or owner with development team members 
or between development team members until two years after final 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 10, 2007.
    Reason Waived: The leasing of the site from the Village 
Corporation, to which all of the directors of the owner have an 
interest acquired under the Indian Claims Settlement Act, was 
approved because it is being leased for $1 and there is a lack of 
suitable sites in the community. The general contractor, of which 
the Village Corporation owns 51 percent of the shares, was approved 
because of the specialized experience of the contractor for 
constructing in the community, the benefit to the community in 
providing employment opportunities for the local labor force, and 
the isolated location of the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130.
    Project/Activity: Anaktuvuk Pass, Alaska, Anaktuvuk, AK, Project 
Number: 176-EE030/AK06-S021-005.
    Nature of Requirement: Section 891.130 prohibits officers and 
board members of the project's sponsor and owner from having any 
financial interest in any contract with the owner or any firm which 
has a contract with the owner. It also prohibits an identity of 
interest between the sponsor or owner with development team members 
or between development team members until two years after final 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The leasing of the site from the Village 
Corporation, to which all of the directors of the owner have an 
interest acquired under the Indian Claims Settlement Act, was 
approved because it is being leased for $1 and there is a lack of 
suitable sites in the community. The general contractor, of which 
the Village Corporation owns 51 per cent of the shares, was approved 
because of the specialized experience of the contractor for 
constructing in the community, the benefit to the community in 
providing employment opportunities for the local labor force, and 
the isolated location of the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban

[[Page 53301]]

Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130.
    Project/Activity: Point Hope, Alaska, Point Hope, AK, Project 
Number: 176-EE029/AK06-S021-004.
    Nature of Requirement: Section 891.130 prohibits officers and 
board members of the project's sponsor and owner from having any 
financial interest in any contract with the owner or any firm which 
has a contract with the owner. It also prohibits an identity of 
interest between the sponsor or owner with development team members 
or between development team members until two years after final 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The leasing of the site from the Village 
Corporation, to which all of the directors of the owner have an 
interest acquired under the Indian Claims Settlement Act, was 
approved because it is being leased for $1 and there is a lack of 
suitable sites in the community. The general contractor, of which 
the Village Corporation owns 51 per cent of the shares, was approved 
because of the specialized experience of the contractor for 
constructing in the community, the benefit to the community in 
providing employment opportunities for the local labor force, and 
the isolated location of the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130.
    Project/Activity: Wainwright, Alaska, Wainwright, AK, Project 
Number: 176-EE031/AK06-S021-006.
    Nature of Requirement: Section 891.130 prohibits officers and 
board members of the project's sponsor and owner from having any 
financial interest in any contract with the owner or any firm which 
has a contract with the owner. It also prohibits an identity of 
interest between the sponsor or owner with development team members 
or between development team members until two years after final 
closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The leasing of the site from the Village 
Corporation, to which all of the directors of the owner have an 
interest acquired under the Indian Claims Settlement Act, was 
approved because it is being leased for $1 and there is a lack of 
suitable sites in the community. The general contractor, of which 
the Village Corporation owns 51 per cent of the shares, was approved 
because of the specialized experience of the contractor for 
constructing in the community, the benefit to the community in 
providing employment opportunities for the local labor force, and 
the isolated location of the community.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.130(a).
    Project/Activity: Victory Cathedral Elderly Housing, Hartford, 
CT, Project Number: 017-EE098/CT26-S061-002.
    Nature of Requirement: Section 891.130(a) prohibits an identity 
of interest between the Sponsor or Owner with development team 
members or between development team members until two years after 
final closing.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 4, 2007.
    Reason Waived: The seller of the land, although a member of the 
Sponsor's Board, donated the site, with the exception of a $10 
transfer fee.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Blanche Johnson Courtyards (aka Park Villas 
Casitas), Tucson, AZ, Project Number: 123-EE098/AZ20-S041-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The project is economically designed and 
comparable to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other 
sources. The sponsor/owner required additional time to prepare for 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Touchette Elderly Apartments Phase II, East 
St. Louis, IL, Project Number: 072-EE156/IL06-S041-010.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 1, 2007.
    Reason Waived: The project is economically designed and 
comparable to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other 
sources. The sponsor/owner required additional time to prepare for 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: AHEPA 302 Apartments, San Bernardino, CA, 
Project Number: 143-EE056/CA43-S041-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 1, 2007.
    Reason Waived: The project is economically designed and 
comparable to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other 
sources. The sponsor/owner required additional time to prepare for 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Maple House, Harrison, NY, Project Number: 
012-HD104/NY36-Q011-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD 
on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The project is economically designed and 
comparable to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other 
sources. The sponsor/owner required additional time to prepare for 
initial closing.

[[Page 53302]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: TBD, Burlington, WI, Project Number: 075-
HD088/WI39-Q041-007.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 5, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
review the updated bids and select a contractor, for the firm 
commitment to be issued, and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Aliff Place, Fort Gay, WV, Project Number: 
045-HD040/WV15-Q041-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 5, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
City to obtain the resources to pave the street and for the project 
to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Corozal Hope for the Elderly, Corozal, PR, 
Project Number: 056-EE064/RQ46-S041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 5, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
locate another site because the original site was determined to be 
subject to landslides.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Abilities at English Park, Melbourne, FL, 
Project Number: 067-HD095/FL29-Q041-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 10, 2007.
    Reason Waived: The sponsor/owner needed additional time for 
initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: NCR of Alief II, Houston, TX Project Number: 
114-EE120/TX24-S041-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
finalize closing documents and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Gulfport Manor, Gulfport, MS, Project Number: 
065-EE031/MS26-S001-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 17, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
building permit to be obtained and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Supportive Housing Development, Matteson, IL, 
Project Number: 071-HD147/IL06-Q041-010.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
finalize closing documents and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Senior Residence at Kapolei, Kapolei, Oahu, 
Hawaii, Project Number: 140-EE024/HI10-S011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 25, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
building permit to be obtained and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Mt. Olive Manor II, Flanders, NJ, Project 
Number: 031-EE064/NJ39-S041-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: April 30, 2007.
    Reason Waived: Due to litigation, the sponsor/owner needed 
additional time to reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban

[[Page 53303]]

Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lutheran Social Services of North Florida, 
Inc., Tallahassee, FL, Project Number: 063-HD021/FL29-Q041-006.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 7, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure necessary local approvals from the City, for the firm 
commitment to be issued, and the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant
    Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, 
DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Magnolia Heights Retirement Community, 
Mansfield, TX, Project Number: 113-EE036/TX16-S031-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
comply with the City's design and site issues, for the firm 
commitment to be issued, and the project to be initally closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Luther Ridge, Oregon, OH, Project Number: 042-
EE185/OH12-S041-021.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
finalize the initial closing documents and for the project to be 
initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Wade Chateau, Cleveland, OH, Project Number: 
042-EE168/OH12-S041-004.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
mixed finance project to meet the underwriting criteria of multiple 
funding sources and for the initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Mountain Valley Haven III, Hayfork, CA, 
Project Number: 136-EE076/CA30-S041-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Renaissance Court, Wilsonville, OR, Project 
Number: 126-HD039/OR16-Q041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 14, 2007.
    Reason Waived: Additional time was needed to meet the City's 
redevelopment requirements, for the firm commitment to be issued, 
and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kleeman Village, Clinton, IL, Project Number: 
072-HD144/IL06-Q041-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 16, 2007.
    Reason Waived: The sponsor/owner needed additional time for 
initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: VOA Sandusky, Sandusky, OH, Project Number: 
042-HD110/OH12-Q021-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 18, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
finalize the initial closing and for the project to be initially 
closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Utuqqanaaqagvik Senior Housing, Nuiqsut, AK, 
Project Number: 176-EE033/AK06-S021-008.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funding and submit the necessary updated firm 
commitment and initial closing documents.

[[Page 53304]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kaktovik Senior Housing, Kaktovik, AK Project 
Number: 176-EE032/AK06-S021-007.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funding and submit the necessary updated firm 
commitment and initial closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Olgonikgum Uttuganaknich Senior Housing, 
Wainwright, AK, Project Number: 176-EE031/AK06-S021-006.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funding and submit the necessary updated firm 
commitment and initial closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant
    Administration, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, 
DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Aaniyak Senior Housing, Anaktuvuk Pass, AK
    Project Number: 176-EE030/AK06-S021-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funding and submit the necessary updated firm 
commitment and initial closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Tikigaqmiut Senior Housing, Point Hope, AK
    Project Number: 176-EE030/AK06-S021-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 23, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
secure additional funding and submit the necessary updated firm 
commitment and initial closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Loudon VOANNE Senior Housing, Loudon, NH, 
Project Number: 024-EE076/NH36-S041-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 5, 2007.
    Reason Waived: The sponsor/owner needed additional time to 
resolve issues involving the APPS system and approval of the 2530's 
clearance issues, for the firm commitment, and for the project to 
reach initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Abilities at Eagles Nest, Lakeland, FL, 
Project Number: 067-HD096/FL29-Q041-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 8, 2007.
    Reason Waived: The sponsor/owner needed additional time for 
initial closing to take place.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: B'nai B'rith Apartments of Deerfield Beach 
III, Deerfield Beach, FL, Project Number: 066-EE102/FL29-S041-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The sponsor/owner needed additional time for a 
cross easement access issue to be resolved, the building permit to 
be issued, the insurance coverage to be re-negoitated, and for the 
project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: Sartell Senior Housing, Sartell, MN, Project 
Number: 092-EE107/MN46-S051-001.
    Nature of Requirement: Section 891.205 requires Section 202 
project owners to have tax exemption status under Section 501(c)(3) 
or (c)(4) of the Internal Revenue Code.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 10, 2007.
    Reason Waived: The required tax-exemption ruling from the 
Internal Revenue Service (IRS) was to be issued, but not in time for 
the scheduled initial closing of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: ASI Brookings, Brookings, SD, Project Number: 
091-EE010/SD99-S051-002.
    Nature of Requirement: Section 891.205 requires Section 202 
project owners to have tax exemption status under Section 501(c)(3) 
or (c)(4) of the Internal Revenue Code.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.

[[Page 53305]]

    Date Granted: June 12, 2007.
    Reason Waived: The required tax-exemption ruling from IRS was to 
be issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: Sioux Falls 57 Good Samaritan Housing, 
Incorporated, Sioux Falls, SD, Project Number: 091-EE009/SD099-S051-
001.
    Nature of Requirement: Section 891.205 requires Section 202 
project owners to have tax exemption status under Section 501(c)(3) 
or (c)(4) of the Internal Revenue Code.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 21, 2007.
    Reason Waived: The required tax-exemption ruling from IRS was to 
be issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 708-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Rogers Supportive Housing, Rogers, MN, Project 
Number: 092-HD067?MN46-Q051-001.
    Nature of Requirement: Section 891.305 requires Section 811 
project owners to have tax-exempt status under Section 501(c)(3) of 
the Internal Revenue Code.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: May 10, 2007.
    Reason Waived: The required tax-exemption ruling from IRS was to 
be issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Serviam Gardens, Bronx, NY, Project Number: 
012-EE353/NY36-S061-009.
    Nature of Requirement: Section 891.305 requires that the sole 
general partner of the mixed finance owner be a private nonprofit 
organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a nonprofit 
organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 14, 2007.
    Reason Waived: State law does not permit a not-for-profit 
corporation to act as a partner in a partnership. The permitted 
arrangement of having the sole general partner wholly owned and 
controlled by a nonprofit organization complied with the statutory 
requirements for the sole general partner in a mixed-finance 
transaction.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Presbyterian Senior Housing, Queens, NY, 
Project Number: 012-EE346/NY36-S061-002.
    Nature of Requirement: Section 891.305 requires that the sole 
general partner of the mixed finance owner be a private nonprofit 
organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a nonprofit 
organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: June 14, 2007.
    Reason Waived: State law does not permit a not-for-profit 
corporation to act as a partner in a partnership. The permitted 
arrangement of having the sole general partner wholly owned and 
controlled by a nonprofit organization complied with the statutory 
requirements for the sole general partner in a mixed-finance 
transaction.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Common Ground, Brooklyn, NY, Project Number: 
012-EE338/NY36-S051-004.
    Nature of Requirement: Section 891.305 requires that the sole 
general partner of the mixed finance owner be a private nonprofit 
organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a nonprofit 
organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 14, 2007.
    Reason Waived: State law does not permit a not-for-profit 
corporation to act as a partner in a partnership. The permitted 
arrangement of having the sole general partner wholly owned and 
controlled by a nonprofit organization complied with the statutory 
requirements for the sole general partner in a mixed-finance 
transaction.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Morris Heights/Mt. Hope Senior Housing, Bronx, 
NY, Project Number: 012-EE332/NY36-S041-002.
    Nature of Requirement: Section 891.305 requires that the sole 
general partner of the mixed finance owner be a private nonprofit 
organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a nonprofit 
organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 14, 2007.
    Reason Waived: State law does not permit a not-for-profit 
corporation to act as a partner in a partnership. The permitted 
arrangement of having the sole general partner wholly owned and 
controlled by a nonprofit organization complied with the statutory 
requirements for the sole general partner in a mixed-finance 
transaction.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Surf Gardens, Brooklyn, NY, Project Number: 
012-EE330/NY36-S031-003.
    Nature of Requirement: Section 891.305 requires that the sole 
general partner of the mixed finance owner be a private nonprofit 
organization with a section 501(c)(3) or 501(c)(4) tax exemption (in 
the case of supportive housing for the elderly), or a nonprofit 
organization with a 501(c)(3) (in the case of supportive housing for 
persons with disabilities).
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 14, 2007.
    Reason Waived: State law does not permit a not-for-profit 
corporation to act as a partner in a partnership. The permitted 
arrangement of having the sole general partner wholly owned and 
controlled by a nonprofit organization complied with the statutory 
requirements for the sole general partner in a mixed-finance 
transaction.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6134, Washington, DC 
20410-8000, telephone (202) 798-3000.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Strawberry, Arkansas (Strawberry Fields 
Apartments--FHA Project Number 082-EE140). The Fort Worth 
Multifamily Hub requested waiver of the very low-income limit to 
alleviate occupancy problems at the property and stabilize the 
project's current financial status.
    Nature of Requirement: HUD regulations at 24 CFR 891 require 
occupancy to be limited

[[Page 53306]]

to very low-income (VLI) elderly persons (i.e., households composed 
of one or more persons at least one of whom is 62 years of age at 
the time of initial occupancy). Regulations also require that an 
owner is to determine the eligibility in selecting tenants.
    Granted By: Frank L. Davis, General Deputy Assistant Secretary 
for Housing-Deputy Federal Housing Commissioner.
    Date Granted: June 18, 2007.
    Reason Waived: The waiver was granted to permit admission of 
lower-income (income between 51 and 80 percent of median), elderly 
applicants when there are no very low-income elderly applicants to 
fill vacant units. The market analysis indicates that there is 
insufficient effective demand to fill the complex with very low-
income elderly. The management agent continues to conduct extensive 
advertising and outreach programs, including marketing the property 
with the local housing authority. The property currently has 3 
vacant units and no waiting list. Granting the waiver will allow the 
flexibility to offer units to individuals who meet the definition of 
lower income elderly and, thus, the owner will be able to increase 
occupancy levels and prevent foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 6160, Washington, DC 
20410-8000, telephone (202) 708-3730.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.

     Regulation: 24 CFR 5.801.
    Project/Activity: Baltimore County Department of Social Services 
(MD033), Baltimore, MD.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year end (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 13, 2007.
    Reason Waived: The Baltimore County Department of Social 
Services (HA) received a waiver of its audited financial submission 
due date of March 31, 2007, for FYE June 30, 2006. The Baltimore 
County Housing Office is the agent administering over 5,700 rent 
subsidies under their Housing Choice Voucher Program and the Section 
8 Moderate Rehabilitation Program on behalf of the Baltimore County 
government. The HA has maintained its financial books in relation to 
the County's system of accounts, complying with reporting 
requirements to HUD's Financial Management Center. In coordination 
with Baltimore County's Finance Office, the HA has taken action to 
bring its accounts into compliance with the Uniform Financial 
Reporting Standards (UFRS). In the process, the staff encountered 
issues understanding the complexity of the system and the various 
requirements, as well as issues coordinating with the County's 
financial procedures. For these reasons, and to accurately and 
completely prepare their first submission, the HA was granted a 60-
day waiver extension until May 31, 2007.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Buffalo Municipal Housing Authority (NY449), 
Buffalo, NY.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year end (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 18, 2007.
    Reason Waived: The Buffalo Municipal Housing Authority (HA), a 
Section 8-only entity, received a waiver of the audited financial 
reporting requirements due date for FYE June 30, 2006, because there 
was some confusion with the program needing a separate audit. In 
previous years, the financial information had been included in the 
HA's A-133 audit and was listed as a separate column on the 
financial data schedule submission. The role of the HA in this 
program has changed from being a ``pass through'' for the City of 
Buffalo to its actual administrator. The HA procured the services of 
an auditor, but the audit field work was not completed by the March 
31, 2007, due date. Upon receipt of the completed audit, the HA will 
submit the information to the Financial Assessment Subsystem.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Fulton County Housing Authority (PA072), 
McConnellsburg, PA.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year end (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 26, 2007.
    Reason Waived: The Fulton County Housing Authority (HA) received 
a waiver of the due date to submit its audited financial data for 
FYE March 31, 2006. The HA's initial submission was rejected due to 
numerous issues resulting in a current status of failure to submit 
(FTS). The HA's entire staff has resigned, and four of the five 
board members have also resigned and have been replaced since the 
submission of the audited financial data in July 2006. Additionally, 
the auditor responsible for the audit has been unresponsive to the 
Board and the concerns raised by the local HUD Office. Consequently, 
HUD's Office of the Inspector General is investigating the 
possibility that the financial statements were fraudulent because of 
lack of confidence in the accuracy of the financial statements. The 
waiver provided additional time to August 30, 2007, for the HA to 
submit its audited financial data.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: County of Hawaii Office of Housing and 
Community Development (HI002), Hilo, HI.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year end (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 26, 2007.
    Reason Waived: The County of Hawaii Office of Housing and 
Community Development (HA) received a waiver because the staff 
accountants and auditors have been unable to reconcile their 
beginning fund balance for FYEs June 30, 2005 and June 30, 2006. 
Additionally, in October 2006, the state of Hawaii was hit by a 
severe earthquake, resulting in significant destruction of property, 
including data and computer systems. The severity of loss required 
staff to divert its attention and energies to work with other 
government agencies, including the Federal Emergency Management 
Agency. The waiver provided additional time to submit the audited 
financial data by July 13, 2007, for FYs 2005 and 2006.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Montana Department of Commerce (MT901), 
Helena, MN.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year End (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.

[[Page 53307]]

    Date Granted: June 12, 2007.
    Reason Waived: The Montana Department of Commerce (HA), a 
Section 8 only entity, received a waiver of the audited financial 
submission due date for FYE June 30, 2006. The HA falls under the 
single audit requirements of the OMB A-133 and does not conduct a 
separate audit. The HA's audit is to be completed through the State 
of Montana Legislative Audit Division's audit covering a two-year 
period (July 1, 2005-June 30, 2007). Therefore, the HA expects the 
audit report to be completed around December 2007, but no later than 
the required due date of March 31, 2008. The waiver provided the 
additional time required to complete the audit.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: New Jersey Housing and Mortgage Finance Agency 
(NJ902), Trenton, NJ.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates, namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing agency's fiscal year end (FYE), in accordance with the 
Single Audit Act and Office of Management and Budget (OMB) Circular 
A-133 and 24 CFR 5.801.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 18, 2007.
    Reason Waived: The New Jersey Housing and Mortgage Finance 
Agency (HA0 received a waiver of the audited financial submission 
due date for FYE March 31, 2006. The Agency's Housing Choice Voucher 
Program's FYE is March 31, 2006, however, the FYE for HA, a non-
profit organization, is June 30, 2006. The waiver was granted 
because the Primary Reporting Entity's (New Jersey Housing & 
Mortgage Finance Agency) FYE is different than the Housing Choice 
Voucher Program's FYE causing a conflict with the audited submission 
requirements.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.33.
    Project/Activity: Housing Authority of Jefferson Parish (LA013), 
Marrero, LA.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates; namely, the unaudited financial 
statements are required to be submitted within two months after the 
housing authority's FYE and the audited financial statements are 
required to be submitted no later than nine months after the housing 
authority's FYE, in accordance with the Single Audit Act and OMB 
Circular A-133, and 24 CFR 902.33.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 12, 2007.
    Reason Waived: The Housing Authority of Jefferson Parish (HA) 
received a waiver of its unaudited financial submission extension 
due date for FYE September 30, 2006, because the fee accountant had 
a family crisis requiring her immediate attention for a few months. 
The waiver granted the HA additional time to May 31, 2007 to submit 
its unaudited financial submission.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.33.
    Project/Activity: Mamou Housing Authority (LA031), Mamou, LA.
    Nature of Regulation: The regulation establishes certain 
reporting compliance dates; namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing authority's FYE, in accordance with the Single Audit Act and 
OMB Circular A-133, and 24 CFR 902.33.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 11, 2007.
    Reason Waived: The Mamou Housing Authority (HA) received a 
waiver of the due date to submit its audited financial submission 
for FYE June 30, 2006. The waiver granted the invalidation of the 
submission and provided the HA the opportunity to resubmit its 
audited financial submission.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.33.
    Project/Activity: Kent County Housing Commission (MI198), Grand 
Rapids, MI.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates; namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing authority's FYE, in accordance with the Single Audit Act and 
OMB Circular A-133, and 24 CFR 902.33.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 17, 2007.
    Reason Waived: The Kent County Housing Commission (HA) received 
a waiver of the audited financial submission due date because it 
does not conduct a separate audit and because it is under the 
auspices of the County of Kent, and is subject to the single audit 
requirements of OMB Circular A-133. The HA's FYE is June 30, 2006, 
and the County of Kent's FYE is December 31, 2006. The A-133 audit 
report will be completed by late summer 2007. Upon receipt of the 
completed audit for the program for FYE June 30, 2006, the HA will 
submit the audited financial information.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.33.
    Project/Activity: Conyers Housing Authority (GA184), Conyers, 
GA.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates; namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing authority's FYE, in accordance with the Single Audit Act and 
OMB Circular A-133, and 24 CFR 902.33.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 17, 2007.
    Reason Waived: The Conyers Housing Authority (HA) received a 
waiver of the audited financial submission due date of March 31, 
2007, for FYE June 30, 2006, because the Board of Commissioners 
underwent a major transition with staff employees who were placed on 
investigatory suspension, pending the results of an investigation 
into financial irregularities. Based on results of a forensic audit, 
the Board decided against using the audit firm that had previously 
done the audit and retained the services of another auditor. The 
newly appointed auditor did not have sufficient time to properly 
provide a comprehensive annual audit to HUD by the March 31, 2007, 
deadline. The HA was granted a six-month extension to September 30, 
2007, to submit its audited financial data.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.33.
    Project/Activity: San Diego Housing Commission (CA063), San 
Diego, CA.
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates; namely, the audited financial statements 
are required to be submitted no later than nine months after the 
housing authority's FYE, in accordance with the Single Audit Act and 
OMB Circular A-133, and 24 CFR 902.33.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 18, 2007.
    Reason Waived: The San Diego Housing Commission (HA) received a 
waiver of its audited financial submission due date of March 31, 
2007, for FYE June 30, 2006. The HA is a component of the City of 
San Diego and its financial information is presented with the City's 
Comprehensive Annual Report. During February 2005, the HA was 
allowed to procure its own auditor due to irregularities noted in 
the City's Bond Disclosure documents. As a result, the audit is 
still in progress and the HA believes that the audit document will 
not be ready in time for submission to HUD.
    Contact: Myra E. Newbill, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing,

[[Page 53308]]

Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8988.

     Regulation: 24 CFR 902.60(d) and 24 CFR 902.60(e).
    Project/Activity: Ozark Housing Authority (AL073), Ozark, AL.
    Nature of Requirement: The regulation establishes annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 7, 2007.
    Reason Waived: The Ozark Housing Authority (HA) requested a 
waiver to have more resources to concentrate on organizational, 
procedural and software changes to convert to asset management. The 
HA received a waiver from compliance with the requirements of 24 CFR 
902.60(d), to submit a management operations certification, and 24 
CFR 902.60(e), from the resident satisfaction survey, for the fiscal 
years ending March 31, 2007 and March 31, 2008. HUD will carry over 
the Management Assessment Subsystem (MASS) and Resident Assessment 
Subsystem (RASS) scores under the Public Housing Assessment System 
from the previous reporting period.
    Contact: Greg Byrne, Director, Financial Management Division, 
Real Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 200, Washington, DC 20410-5000, telephone (202) 475-8632.

     Regulation: 24 CFR 902.60(d) and 24 CFR 902.60(e).
    Project/Activity: Knoxville Housing Authority (TN111), 
Knoxville, TN.
    Nature of Requirement: The regulation establishes annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 7, 2007.
    Reason Waived: The Knoxville Housing Authority (HA) requested a 
waiver to have more resources to concentrate on organizational, 
procedural and software changes to convert to asset management. The 
HA received a waiver from compliance with the requirements of 24 CFR 
902.60(d), to submit a management operations certification, and 24 
CFR 902.60(e), from the resident satisfaction survey, for the fiscal 
year ending March 31, 2007. HUD will carry over the Management 
Assessment Subsystem (MASS) and Resident Assessment Subsystem (RASS) 
scores under the Public Housing Assessment System from the previous 
reporting period.
    Contact: Greg Byrne, Director, Financial Management Division, 
Real Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 200, Washington, DC 20410-5000, telephone (202) 475-8632.

     Regulation: 24 CFR 902.60(d) and 24 CFR 902.60(e).
    Project/Activity: Housing Authority of the City of Harlingen 
(TX065), Harlingen, TX.
    Nature of Requirement: The regulation establishes annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 11, 2007.
    Reason Waived: The Housing Authority of the City of Harlingen 
(HA) requested a waiver to have more resources to concentrate on 
organizational, procedural and software changes to convert to asset 
management. The HA received a waiver from compliance with the 
requirements of 24 CFR 902.60(d), to submit a management operations 
certification, and 24 CFR 902.60(e), from the resident satisfaction 
survey, for the fiscal year ending March 31, 2007. HUD will carry 
over the Management Assessment Subsystem (MASS) and Resident 
Assessment Subsystem (RASS) scores under the Public Housing 
Assessment System from the previous reporting period.
    Contact: Greg Byrne, Director, Financial Management Division, 
Real Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 200, Washington, DC 20410-5000, telephone (202) 475-8632.

     Regulation: 24 CFR 902.60(d) and 24 CFR 902.60(e).
    Project/Activity: West Palm Beach Housing Authority (FL009), 
West Palm Beach, FL.
    Nature of Requirement: The regulation establishes annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 26, 2007.
    Reason Waived: The West Palm Beach Housing Authority (HA) 
requested a waiver to have more resources to concentrate on 
organizational, procedural and software changes to convert to asset 
management. The HA received a waiver from compliance with the 
requirements of 24 CFR 902.60(d), to submit a management operations 
certification, and 24 CFR 902.60(e), from the resident satisfaction 
survey, for the fiscal year ending March 31, 2007. HUD will carry 
over the Management Assessment Subsystem (MASS) and Resident 
Assessment Subsystem (RASS) scores under the Public Housing 
Assessment System from the previous reporting period.
    Contact: Greg Byrne, Director, Financial Management Division, 
Real Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street, SW., 
Suite 200, Washington, DC 20410-5000, telephone (202) 475-8632.

     Regulation: 24 CFR 941.606(n)(l)(ii)(B).
    Project/Activity: Daytona Beach Housing Authority, Daytona 
Beach, Florida; Pine Haven and the Bethune Village/Halifax Park HOPE 
VI Project.
    Nature of Requirement: The provision requires that if the 
partner and/or owner entity (or any other entity with an identity of 
interest with such parties) wants to serve as a general contractor 
for the project or development, it may award itself the construction 
contract only if it can demonstrate to HUD's satisfaction that its 
bid is the lowest submitted in response to a public request for 
bids.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 18, 2007.
    Reason Waived: The Daytona Beach Housing Authority (DBHA) 
selected Picerne Construction Corporation as the general contractor 
for Pine Haven, an on-site component of the Bethune Village/Halifax 
Park HOPE VI project. Picerne Affordable Development, LLC (Picerne) 
is the master developer for the Bethune Village/Halifax Park HOPE VI 
site. Picerne is also the component developer for the Pine Haven 
phase of the HOPE VI project. Picerne Construction Corporation will 
use a competitive process to engage the subcontractors needed to 
construct the project. Picerne Construction Corporation has served 
as the general contractor for all Picerne projects. The basis for 
the waiver is that the DBHA is on an accelerated schedule from both 
HUD and the State Housing Finance Agency to complete its HOPE VI 
project. Picerne Construction Corporation's involvement is essential 
to ensuring timely development, within budget. As a requirement, 
DBHA submitted an independent cost estimate by Benchmark Estimating 
Services, Inc. for Pine Haven, which estimates totaled $15,429,734. 
DBHA also submitted the executed construction contract between 
Picerne Construction Corporation and Pine Haven Housing, Ltd., LLLP, 
the ownership entity for Pine Haven, which includes Picerne, which 
totaled $14, 865,035 for construction of Pine Haven. As Picerne 
Construction Corporation's cost was below that of the independent 
cost estimate, HUD's condition was satisfied.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202) 
402-4181.

     Regulation: 24 CFR 941.606(n)(l)(ii)(B).
    Project/Activity: Municipal Housing Authority of the City of 
Utica, Washington; Washington Courts, Phase III (Rutger Manor).
    Nature of Requirement: The provision requires that if the 
partner and/or owner entity (or any other entity with an identity of 
interest with such parties) wants to serve as a general contractor 
for the project or development, it may award itself the construction 
contract only if it can demonstrate to HUD's satisfaction that its 
bid is the lowest submitted in response to a public request for 
bids.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 5, 2007.
    Reason Waived: The Municipal Housing Authority of the City of 
Utica (UMHA) procured Housing Visions Unlimited, Inc. (Developer) as 
the master developer for its Washington Courts HOPE VI 
revitalization efforts, including Phase III, Rutger Manor. The 
waiver enabled Housing Visions Construction Company, Inc. 
(Contractor), which is owned by the same individuals as the 
Developer, to serve as the general

[[Page 53309]]

contractor for Phase III. The Contractor did not bid to become the 
general contractor, as specified by this provision, but UMHA has 
demonstrated that the construction costs are reasonable and are 
within applicable HUD cost limits. The basis for the waiver was 
determined by the experience of the Developer and Contractor and 
their record of successful project completions in the Central New 
York area. Scattered sites, such as this one, are frequently 
difficult to manage. Close coordination between the Developer and 
Contractor will be required in order to complete this scattered-site 
project on time and within budget. This affiliated relationship will 
provide a greater incentive to overcome adverse circumstances that 
are frequently encountered during the construction process. To 
ensure that this project's construction costs were reasonable, UMHA 
procured the services of a third-party construction cost-estimating 
firm. UMHA chose Baer and Associates (Baer) to conduct an 
independent third-party construction cost estimate. Baer's estimate 
totaled $5,903,777. The project's construction contract and schedule 
of values showed a construction cost of $5,707,588, which is less 
than Baer's estimate. As project construction cost was below that of 
the independent cost estimate, HUD's condition was satisfied.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, Room 4130, DC 20410-5000, telephone (202) 
402-4181.

     Regulation: 24 CFR 941.610(a)(1)-(a)(7).
    Project/Activity: Tacoma Housing Authority (THA), Tacoma, 
Washington; Closing of Salishan Four.
    Nature of Requirement: The provision requires HUD review and 
approval of certain legal documents relating to mixed-finance 
development before a closing can occur and funds can be released. In 
lieu of HUD's review, and before funds can be released, the public 
housing authority (PHA) must submit documentation which certifies, 
in form specified by HUD, to the accuracy and authenticity of the 
legal documents detailed in 24 CFR 941.610(a)(1)-(a)(7). Granting a 
waiver or HUD's review and allowing the PHA to certify to the 
validity of certain legal documents will streamline the review 
process and expedite closing and public production.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 4, 2007.
    Reason Waived: The basis for the waiver was because THA is a 
high performing housing authority with extensive development and 
mixed-finance experience. Salishan Four is the fourth rental phase 
in THA's overall HOPE VI development, which includes six rental 
phases and three homeownership phases. The Salishan Four proposal 
includes 45 tax credit/public housing replacement units and 45 
Section 8 project-based units. Salishan Four is a near duplicate of 
Salishan One, Two and Three, which were exhaustively reviewed and 
approved by HUD. These justifications determine that good cause 
existed for granting the waiver.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202) 
402-4181.

     Regulation: 24 CFR 941.610(a)(1)-(a)(7).
    Project/Activity: Housing Authority of the City of Milwaukee 
(HACM), MN; Closing of Convent Hill.
    Nature of Requirement: The provision requires HUD review and 
approval of certain legal documents relating to mixed-finance 
development before a closing can occur and funds can be released. In 
lieu of HUD's review, and before funds can be released, the Public 
Housing Authority (PHA) must submit documentation which certifies, 
in form specified by HUD, to the accuracy and authenticity of the 
legal documents detailed in 24 CFR 941.610(a)(1)-(a)(7). Granting a 
waiver or HUD's review and allowing the PHA to certify to the 
validity of certain legal documents will streamline the review 
process and expedite closing and public housing production.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 18, 2007.
    Reason Waived: The basis for the waiver was because HACM is a 
high performing housing authority with extensive development and 
mixed-finance experience. The other development partners in the 
project are also experienced in public housing mixed-finance 
development. Convent Hill is a mixed-financed transaction, and as 
such includes low-income housing tax credits and Federal Home Loan 
Bank Affordable Housing Program funds. Both of these organizations 
have extensive review processes and financial control mechanisms. 
HUD review would repeat and duplicate the activities which these 
processes are already performing. Convent Hill is a near duplicate 
of previous mixed-finance projects undertaken by HACM, including 
Cherry Hill and Hyland Park, both of which underwent full 
evidentiary document review and approval by HUD. These projects have 
the same ownership structure, participating parties, tax credit 
investor, and financial structure as Convent Hill. These 
justifications determine that good cause existed for granting the 
waiver.
    Contact: Dominique Blom, Deputy Assistant Secretary for the 
Office of Public Housing Investments, 451 Seventh Street, SW., Room 
4130, Washington, DC 20410-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 982.305(c)(1) and (4).
    Project/Activity: Kelso Housing Authority (KHA), Kelso, WA. The 
KHA requested a waiver regarding execution of housing assistance 
payments (HAP) contracts because of funding issues related to Tartan 
House, a preservation prepayment project.
    Nature of Requirement: Section 982.305(c)(1) and (4) state that 
the Housing Choice Voucher (HCV) program HAP contract must be 
executed no later than 60 days from the beginning of the lease term 
and any contract executed after the 60 day period is void and the 
public housing agency (PHA) may not pay any HAP to the owner.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 16, 2007.
    Reason Waived: HCV funding was originally allocated to the KHA, 
but coded improperly as a preservation prepayment. The reallocation 
of funds under the correct code caused a delay in the availability 
of funds to the KHA. Therefore, the KHA was unable to execute HAP 
contracts in a timely manner related to the approval of the units.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.306(d).
    Project/Activity: Northwest Minnesota Multi-County Housing and 
Redevelopment Authority (MMCHRA), Norman County, MN. MMCHRA 
requested a waiver regarding renting to relatives so that an eight-
member family, with no disabled members, could rent from the head of 
household's mother.
    Nature of Requirement: Section 982.503(d) states that the public 
housing agency (PHA) must not approve a unit if the owner is the 
parent, child, grandparent, grandchild, sister, or brother of any 
member of the family, unless the PHA determines that approving the 
unit would provide a reasonable accommodation for a family member 
who is a person with disabilities.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 18, 2007.
    Reason Waived: The MMCHRA maintained that the market area was 
tight and the family was unable to find other adequate housing. 
Without a waiver, this large family would have been unable to 
utilize its voucher.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Westbrook Housing Authority (WHA), Westbrook, 
ME. The WHA requested a waiver of payment standard (PS) requirements 
to permit it to implement reduced PSs earlier than required to avoid 
termination of housing assistance payments (HAP) contracts during 
calendar year 2007 due to insufficient funding.
    Nature of Requirement: Section 982.505(c)(3) states that if the 
amount on the PS schedule is decreased during the term of the HAP 
contract, the lower PS amount generally must be used to calculate 
the monthly HAP for the family beginning at the effective date of 
the family's second regular reexamination following the effective 
date of the decrease.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 13, 2007.
    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the WHA to both manage its Housing

[[Page 53310]]

Choice Voucher program within allocated budget authority and avoid 
the termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Dauphin County Housing Authority (DCHA), 
Dauphin County, PA. The DCHA requested a waiver of payment standard 
(PS) requirements to permit it to implement reduced PSs earlier than 
required to avoid termination of housing assistance payments (HAP) 
contracts during calendar year 2007 due to insufficient funding.
    Nature of Requirement: Section 982.505(c)(3) states that if the 
amount on the PS schedule is decreased during the term of the HAP 
contract, the lower PS amount generally must be used to calculate 
the monthly HAP for the family beginning at the effective date of 
the family's second regular reexamination following the effective 
date of the decrease.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 20, 2007.
    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the DCHA to both manage its Housing Choice 
Voucher program within allocated budget authority and avoid the 
termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Glens Falls Housing Authority (GFHA), Glens 
Falls, NY. The GFHA requested a waiver of payment standard (PS) 
requirements to permit it to implement reduced PSs earlier than 
required to avoid termination of housing assistance payments (HAP) 
contracts during calendar year 2007 due to insufficient funding.
    Nature of Requirement: Section 982.505(c)(3) states that if the 
amount on the PS schedule is decreased during the term of the HAP 
contract, the lower PS amount generally must be used to calculate 
the monthly HAP for the family beginning at the effective date of 
the family's second regular reexamination following the effective 
date of the decrease.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 18, 2007.
    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the GFHA to both manage its Housing Choice 
Voucher program within allocated budget authority and avoid the 
termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Housing Authority of Thurston County (HATC), 
Thurston County, WA. The HATC requested a waiver of payment standard 
(PS) requirements to permit it to implement reduced PSs earlier than 
required to avoid termination of housing assistance payments (HAP) 
contracts during calendar year 2007 due to insufficient funding.
    Nature of Requirement. Section 982.505(c)(3) states that if the 
amount on the PS schedule is decreased during the term of the HAP 
contract, the lower PS amount generally must be used to calculate 
the monthly HAP for the family beginning at the effective date of 
the family's second regular reexamination following the effective 
date of the decrease.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 25, 2007.
    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the HATC to both manage its Housing Choice 
Voucher program within allocated budget authority and avoid the 
termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the City of Las Cruces 
(HACLC), Las Cruces, NM. The HACLC requested a waiver regarding 
exception payment standards so that it could provide a reasonable 
accommodation to a person with disabilities.
    Nature of Requirement: Section 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is within the basic range of 90 to 110 percent of the fair market 
rent (FMR) for the unit size.
    Granted By: Orlando J. Cabrera, Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: May 7, 2007.
    Reason Waived: The applicant, who is a person with disabilities, 
required a wheelchair-accessible unit. The family conducted an 
extensive search before locating the accessible unit in which the 
applicant wished to remain. To provide a reasonable accommodation so 
that the newly admitted participant would pay no more than 40 
percent of adjusted income toward the family share, the HACLC was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of Snohomish County (HASC) 
Snohomish County, WA. The HASC requested a waiver regarding 
exception payment standards so that it could provide a reasonable 
accommodation to a person with disabilities.
    Nature of Requirement: Section 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is within the basic range of 90 to 110 percent of the fair market 
rent (FMR) for the unit size.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 13, 2007.
    Reason Waived: The applicant, who is a person with disabilities, 
owns a manufactured home, which had been modified to meet the 
person's physical needs and is accessible to health care and support 
systems. To provide a reasonable accommodation so that the newly 
admitted participant would pay no more than 40 percent of adjusted 
income toward the family share, the HASC was allowed to approve an 
exception payment standard that exceeded the basic range of 90 to 
110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 983.51(b).
    Project/Activity: Mississippi Regional Housing Authority VIII 
(MSRHA VIII), Gulfport, MS. The MSRHA VIII requested a waiver of 
competitive selection under the project-based voucher (PBV) program 
so that it could attach PBVs to up to seven public housing 
developments that have been, or will be, disposed of to a non-profit 
subsidiary of the agency.
    Nature of Requirement: Section 983.51(b) requires either 
competitive selection of owner proposals or non-competitive 
selection of proposals under another federal, state or local 
government housing assistance program that was selected within the 
past three years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 2, 2007.
    Reason Waived: The waiver was granted because attaching PBV to 
these units will ensure the maintenance of long-term affordable 
housing in the relief and recovery efforts in the wake of Hurricane 
Katrina.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.


[[Page 53311]]


     Regulation: 24 CFR 983.51(b) through (d).
    Project/Activity: St. Louis Housing Authority (SLHA), St. Louis, 
MO. The SLHA requested a waiver of competitive selection under the 
project-based voucher (PBV) program so that it could attach PBVs to 
units at Carr Square Village, a HOPE I development partially owned 
by the Carr Square Tenant Management Corporation (CSTMC).
    Nature of Requirement: Section 983.51(b) through (d) requires 
either competitive selection of owner proposals or non-competitive 
selection of proposals under another federal, state or local 
government housing assistance program that was selected within the 
past three years, along with public notice of request for proposals 
and PHA notice of owner selection.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 21, 2007.
    Reason Waived: The waiver was granted because attaching PBV to 
these units is necessary as part of the CSTMS's overall 
restructuring plan since PBV assistance is required to make the 
development financially viable and to facilitate the closing of the 
HOPE I grant.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 983.51(b), (c), (d) and (e).
    Project/Activity: Mississippi Regional Housing Authority VIII, 
Gulfport, MS; Biloxi Housing Authority, Biloxi, MS; Bay St. Louis/
Waveland Housing Authority, Bay St. Louis and Waveland, MS. These 
PHAs requested a waiver of competitive selection under the project-
based voucher (PBV) program so that they could attach PBVs to their 
PHA-owned units to develop additional affordable housing while 
leveraging Community Development Block Grant funds allocated by 
Governor Barbour.
    Nature of Requirement: Section 983.51(b), (c), (d) and (e) 
requires either competitive selection of owner proposals or non-
competitive selection of proposals under another federal, state or 
local government housing assistance program that was selected within 
the past three years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 11, 2007.
    Reason Waived: The waiver was granted because attaching PBV to 
these units will ensure the maintenance of long-term affordable 
housing in the relief and recovery efforts in the wake of Hurricane 
Katrina.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 983.304(c)(2).
    Project/Activity: Somerville Housing Authority (SHA), 
Somerville, MA. The SHA requested a waiver of this regulation so 
that it could charge higher rents than allowed for low-income 
housing tax credit (LIHTC) units under the project-based voucher 
(PBV) program at Capen Court since, without the requested waiver, 
there would be insufficient funding to finance this project.
    Nature of Requirement: Section 983.304(c)(2) states that the 
rent to an owner for a PBV unit may not exceed the LIHTC rent as 
determined in accordance with the requirements of that federal 
program.
    Granted By: Orlando Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 20, 2007.
    Reason Waived: This regulation was waived since the SHA will 
preserve these units as affordable housing for a period beyond the 
10 year maximum initial term of the PBV housing assistance payments 
contract and a regulatory agreement with the Massachusetts 
Department of Housing and Community Development will likely restrict 
the property to low-income occupancy and affordability for at least 
30 years.
    Contact: Danielle Bastarache, Director, Housing Voucher 
Management and Operations Division, Office of Public Housing and 
Voucher Programs, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 4210, 
Washington, DC 20410; (202) 708-0477.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Troy Housing Authority (THA), Troy, New 
York. The THA is contracting to Energy Performance through a term 
longer than the stated 12-year maximum.
    Nature of Requirement: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005 (Pub. L. 109-58). Subtitle D 
of Public Law 109-58 addresses public housing and amends Section 
9(e)(2)(C) of the United States Housing Act of 1937 by adding a new 
paragraph (iii) which states ``Term of contract:--The total term of 
a contract shall not exceed 20 years to allow longer payback periods 
for retrofits, including windows, heating systems replacements, wall 
insulation, site-based generation, advanced energy savings 
technologies, including renewable energy generation, and other such 
retrofits.'' However, HUD's current regulation 24 CFR 990.185(a) 
states that the contract period shall not exceed 12 years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: April 12, 2007.
    Reason Waived: The THA is undertaking a self-developed energy 
project, acting as an Energy Services company, and has hired a 
qualified third party consultant to provide energy management 
expertise. THA anticipates that recommendations arising from its 
energy audit will incorporate a selection of energy conservation 
measures whose life cycle expectations and costs will exceed the 12-
year regulatory limitation in 24 CFR 990.185(a). The THA anticipates 
that the selection of retrofits will be capable of generating 
adequate savings to amortize the resulting debt within the approved 
period of the energy performance contract. Based upon the 
anticipated savings and benefits to THA and its residents, this 
waiver grants the THA the 12-year payback period to allow up to a 
20-year payback period, contingent on HUD's provisions to THA.
    HUD's provisions include additional information and technical 
activity requirements unique to the characteristics of the project 
and the PHA. The purpose of the provisions is to ensure success, 
minimizing risk to projected savings (used to amortize the loan) and 
to HUD. The PHA must comply with all of HUD's provisions for the 
waiver to be effective. These provisions include, but not limited to 
information requirements, necessary for the local field office to 
monitor savings over the 20 year life of the loan and procurement 
requirement to ensure fair and open competition. The HUD provisions 
are also a direct response to the Office of Management and Budget 
concern related to the higher risk levels associated with a 20-year 
versus the previous limit of 12 years. HUD, through its provisions, 
provides an individual assessment and requirements of each project 
and waiver requesting an extension to 20-contract years to minimize 
risk and ensure that approval of the waiver is in the best interest 
of the PHA, HUD and the public.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 4238, 
Washington, DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: Ithaca Housing Authority (IHA), Ithaca, New 
York. The IHA is contracting to Energy Performance through a term 
longer than the stated 12-year maximum.
    Nature of Requirement: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005 (Pub. L. 109-58). Subtitle D 
of Public Law 109-58 addresses public housing and amends Section 
9(e)(2)(C) of the United States Housing Act of 1937 by adding a new 
paragraph (iii) which states ``Term of contract:--The total term of 
a contract shall not exceed 20 years to allow longer payback periods 
for retrofits, including windows, heating systems replacements, wall 
insulation, site-based generation, advanced energy savings 
technologies, including renewable energy generation, and other such 
retrofits.'' However, HUD's current regulation 24 CFR 990.185(a) 
states that the contract period shall not exceed 12 years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 14, 2007.
    Reason Waived: IHA is undertaking a self-developed energy 
project, acting as an Energy Services company, and has hired a 
qualified third party consultant to provide energy management 
expertise. IHA anticipates that recommendations arising from its 
energy audit will incorporate a selection of energy conservation 
measures whose life cycle expectations and cost will exceed the 12-
year regulatory limit regulatory limitation in 24 CFR 990.185(a). 
IHA anticipates that the selection of energy conservation of 
retrofits will be capable for generating adequate savings to 
amortize the resulting debt within the approved period of the energy 
performance contract. Based upon the

[[Page 53312]]

anticipated savings and benefits to IHA and its residents, the 
waiver granted the IHA the 12-year payback period to allow up to a 
20-year payback period, contingent on HUD's provisions to IHA.
    HUD's provisions include additional information and technical 
activity requirements unique to the characteristics of the project 
and the PHA. The purpose of the provisions is to ensure success, 
minimizing risk to projected savings (used to amortize the loan) and 
to HUD. The PHA must comply with all of HUD's provisions for the 
waiver to be effective. These provisions may include, but not 
limited to information requirements, necessary for the local field 
office to monitor savings over the 20 year life of the loan and 
procurement requirement to ensure fair and open competition. The HUD 
provisions are also a direct response to the Office of Management 
and Budget concern related to the higher risk levels associated with 
a 20-year versus the previous limit of 12 years. HUD, through its 
provisions, provides an individual assessment and requirements of 
each project and waiver requesting an extension to 20-contract years 
to minimize risk and ensure that approval of the waiver is in the 
best interest of the PHA, HUD and the public.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 4238, 
Washington, DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: Providence Housing Authority (PHA), 
Providence, Rhode Island. The PHA is contracting to Energy 
Performance through a term longer than the stated 12-year maximum.
    Nature of Requirement: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005 (Pub. L. 109-58). Subtitle D 
of Public Law 109-58 addresses public housing and amends Section 
9(e)(2)(C) of the United States Housing Act of 1937 by adding a new 
paragraph (iii) which states ``Term of contract:--The total term of 
a contract shall not exceed 20 years to allow longer payback periods 
for retrofits, including windows, heating systems replacements, wall 
insulation, site-based generation, advanced energy savings 
technologies, including renewable energy generation, and other such 
retrofits.'' However, HUD's current regulation 24 CFR 990.185(a) 
states that the contract period shall not exceed 12 years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: May 18, 2007.
    Reason Waived: The PHA is undertaking a self-developed energy 
project, acting as an Energy Services Company, and has hired a third 
party consultant to provide energy management expertise. PHA 
anticipates that recommendations arising from its energy audit will 
incorporate a selection of energy conservation measures whose life 
cycle expectations and cost will exceed the 12-year regulatory 
limitation in 24 CFR 990.185(a). PHA anticipates that the selection 
of retrofits will be capable of generating adequate savings to 
amortize the resulting debt within the approved period of the energy 
performance contract. Based upon the anticipated savings and 
benefits to PHA and its residents, the waiver granted the PHA the 
12-year payback period to allow up to a 20-year payback period, 
contingent on HUD's provisions to PHA.
    HUD's provisions include additional information and technical 
activity requirements unique to the characteristics of the project 
and the PHA. The purpose of the provisions is to ensure success, 
minimizing risk to projected savings (used to amortize the loan) and 
to HUD. The PHA must comply with all of HUD's provisions for the 
waiver to be effective. These provisions may include, but not 
limited to information requirements, necessary for the local field 
office to monitor savings over the 20 year life of the loan and 
procurement requirement to ensure fair and open competition. The HUD 
provisions are also a direct response to the Office of Management 
and Budget concern related to the higher risk levels associated with 
a 20-year versus the previous limit of 12 years. HUD, through its 
provisions, provides an individual assessment and requirements of 
each project and waiver requesting an extension to 20-contract years 
to minimize risk and ensure that approval of the waiver is in the 
best interest of the PHA, HUD and the public.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 4238, 
Washington, DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Schenectady Housing Authority (SHA), 
Schenectady, New York. The SHA is contracting to Energy Performance 
through a term longer than the stated 12-year maximum.
    Nature of Requirement: On August 8, 2005, President Bush signed 
into law the Energy Policy Act of 2005 (Pub. L. 109-58). Subtitle D 
of Public Law 109-58 addresses public housing and amends Section 
9(e)(2)(C) of the United States Housing Act of 1937 by adding a new 
paragraph (iii) which states ``Term of contract--The total term of a 
contract shall not exceed 20 years to allow longer payback periods 
for retrofits, including windows, heating systems replacements, wall 
insulation, site-based generation, advanced energy savings 
technologies, including renewable energy generation, and other such 
retrofits.'' However, HUD's current regulation 24 CFR 990.185(a) 
states that the contract period shall not exceed 12 years.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public 
and Indian Housing.
    Date Granted: June 28, 2007.
    Reason Waived: SHA is undertaking a self-developed energy 
project, acting as an Energy Services Company, and has hired a 
qualified third party consultant to provide energy management 
expertise. SHA anticipates that recommendations arising from its 
energy audit will incorporate a selection of energy conservation 
measures whose life cycle expectations and cost will exceed the 12-
year regulatory limit regulatory limitation in 24 CFR 990.185(a). 
SHA anticipates that the selection of energy conservation of 
retrofits will be capable of generating adequate savings to amortize 
the resulting debt within the approved period for the energy 
performance contract. Based upon the anticipated savings and 
benefits to SHA and its residents, the waiver granted the SHA the 
12-year payback period to allow up to a 20-year payback period, 
contingent on HUD's provisions to SHA.
    HUD's provisions include additional information and technical 
activity requirements unique to the characteristics of the project 
and the PHA. The purpose of the provisions is to ensure success, 
minimizing risk to projected savings (used to amortize the loan) and 
to HUD. The PHA must comply with all of HUD's provisions for the 
waiver to be effective. These provisions may include, but not 
limited to information requirements, necessary for the local field 
office to monitor savings over the 20 year life of the loan and 
procurement requirement to ensure fair and open competition. The HUD 
provisions are also a direct response to the Office of Management 
and Budget concern related to the higher risk levels associated with 
a 20-year versus the previous limit of 12 years. HUD, through its 
provisions, provides an individual assessment and requirements of 
each project and waiver requesting an extension to 20-contract years 
to minimize risk and ensure that approval of the waiver is in the 
best interest of the PHA, HUD and the public.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 4238, 
Washington, DC 20410-5000, telephone (202) 708-0744.

 [FR Doc. E7-18120 Filed 9-17-07; 8:45 am]
BILLING CODE 4210-67-P