[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15169-15186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5799]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5148-N-04]


Notice of Regulatory Waiver Requests Granted for the Fourth 
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 October 1, 2007 and ending on December 31, 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 fourth 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.

[[Page 15170]]

    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from 
October 1, 2007 through December 31, 2007. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the fourth quarter of 
calendar year 2007) before the next report is published (the first 
quarter of calendar year 2008), HUD will include any additional waivers 
granted for the fourth quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: March 14, 2008.
Robert M. Couch,
General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development October 1, 
2007 through December 31, 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 92.2 and 24 CFR 92.254 (b) (2).
    Project/Activity: The State of Texas Department of Housing and 
Community Affairs (TDHCA) requested waivers of the HOME Program 
regulations established at 24 CFR 92.2 and 92.254(b)(2) regarding the 
definition of reconstruction and the principal residence requirement to 
facilitate the reconstruction of affordable housing following the 
devastation caused by Hurricane Rita.
    Nature of Requirement: Section 92.2 of the HOME regulations defines 
reconstruction, in part, as the rebuilding, on the same lot, of housing 
standing on a site at the time of project commitment. Section 
92.254(b)(2) of the HOME regulations states that housing owned by an 
income-eligible individual qualifies as affordable housing only if the 
housing is the principal residence of the owner at the time HOME funds 
are committed to the project.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: December 4, 2007.
    Reasons Waived: Hurricane Rita caused serve damage to numerous 
homes in Texas. Some homes were partially or completely moved from 
their foundations. Many units were rendered unfit for habitation and 
their occupants were forced to seek temporary housing alternatives. 
Consequently, many homeowners affected by the disaster were not 
occupying their homes as a principal residence at the time of the 
commitment of HOME funds to their units. In addition, in some cases, 
the housing was destroyed and not standing on the site at the time of 
the commitment of HOME funds. It was determined that requiring the 
State to adhere to the reconstruction definition and principal 
residence requirements, at Sec.  92.2 and Sec.  92.254(b) (2) 
respectively, would create a significant hardship for the communities 
and income-eligible homeowners in need of assistance in areas impacted 
by Hurricane Rita.
    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 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

     Regulations: 24 CFR 92.252(e).
    Project/Activity: The County of Clackamas, Oregon, requested a 
waiver of the affordability period for Newell Creek Apartments. The 
project became uninhabitable due to earth movement and the falling away 
of soil at the site caused by severe and prolonged rainfall. The PJ 
would have been required to repay $528,000 of HOME funds because the 
project failed to meet the affordability period required for new 
construction of rental housing.
    Nature of Requirement: Section 92.252(e) of the HOME regulations 
establishes a 20-year affordability period for new construction of 
rental housing.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: December 4, 2007.
    Reasons Waived: The County and the developer exercised due 
diligence by developing a viable restoration plan that included 
refinancing the existing debt, reconfiguring the project by demolishing 
several buildings and rehabilitating other units. However, the plan was 
rejected by the project's primary lender, which subsequently 
foreclosed.
    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 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

     Regulations: 24 CFR 92.500(d)(1)(B)
    Project/Activity: The City of Lake Charles, Louisiana requested a 
waiver of its HOME commitment deadline to facilitate its continued 
recovery from the devastation caused by Hurricanes

[[Page 15171]]

Katrina and Rita. The City is located within a declared disaster area 
pursuant to Title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act. Corresponding requirements in the Cranston-
Gonzalez National Affordable Housing Act (the Act) must be suspended 
under the authority of section 290 of the Act.
    Nature of Requirement: Section 92.500(d)(1)(B) of the HOME 
regulations requires that a participating jurisdiction (PJ) commit its 
annual allocation of HOME funds within 24 months after HUD notifies the 
PJ that HUD has executed the jurisdiction's HOME Investment Partnership 
Agreement.
    Granted By: Roy A. Bernardi, Deputy Secretary.
    Date Granted: November 6, 2007.
    Reasons Waived: It was determined that the waiver would facilitate 
the continued recovery of the City of Lake Charles from the devastation 
caused by Hurricane Katrina and Hurricane Rita by waiving the FY 2005 
HOME commitment requirement.
    Contact: Virginia Sardone, Office of Affordable Housing Programs, 
Office of Community and Planning Development, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 7154, Washington, DC 
20410-7000, telephone (202) 708-2470.

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 5.801.
    Project/Activity: Juniper Village at Forest Hills, Forest Hills, 
Pennsylvania, FHA Project Number 033-43110. The prior owner's 
representative requested waiver of the requirement to submit an Annual 
Financial Statement for the period ending December 31, 2007 for the 
property since the financial reporting period would be for only four 
days.
    Nature of Requirement: Section 5.801 of HUD's regulations provides 
guidance for uniform financial reporting standards for public housing 
agencies, Section 8 project-based housing assistance or tenant-based 
housing assistance payments programs, owners of housing assisted under 
any section 8 Certificate and Voucher programs, owners of multifamily 
projects receiving direct or indirect assistance from HUD, or with 
mortgages insured, coinsured or held by HUD, HUD approved Title I and 
Title II non-supervised lenders, non-supervised mortgagees and loan 
correspondents. The financial information must be prepared in 
accordance with Generally Accepted Accounting Principles, submitted 
electronically to HUD through the internet or HUD designated format 
annually, no later than 60 days after the end of the fiscal year of the 
reporting period and in certain instances, 90 days after the end of the 
reporting period.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 12, 2007.
    Reason Waived: This waiver was granted because the amount of 
financial information for submission would be both time intensive and 
cost prohibitive for the new owner. This property changed ownership as 
a result of a Transfer of Physical Assets (TPA). The seller of a TPA 
transaction is required to file an Annual Financial Statement (AFS). 
Since the reporting period was only four days (January 1 through 
January 4, 2007) and the seller filed an AFS for the period ending 
December 31, 2006, the waiver was granted. All subsequent filings are 
not exempt.
    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 203.37a.
    Project/Activity: A request was made for extension of waiver of the 
restrictions prohibiting placement of FHA-mortgage insurance on 
property acquired, and subsequently resold in 90 days or less in 
certain disaster areas designated by the Federal Emergency Management 
Agency (FEMA) in the States of Alabama, Louisiana, and Mississippi, 
stemming from Hurricanes Katrina, Rita and Wilma.
    Nature of Requirement: Section 203.37a(b)(2) of HUD's regulations 
provides that properties that have a resale date of 90 days or less 
following the date of acquisition by the seller are not eligible for an 
FHA-insured mortgage.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 24, 2007.
    Reason Waived: The Department recognizes that safe and adequate 
housing is a major factor in the restoration and stabilization of 
communities following a natural disaster. Investors and developers are 
playing a major role in the recovery of the housing stock in the FEMA 
designated disaster areas. The extension was granted in recognition 
that recovery in the impacted areas has been slow and there remained a 
significant number of dwellings that were severely damaged and need to 
be rehabilitated. Many displaced residents are waiting for restoration 
of these dwellings to return to the region.
    Contact: Maynard T. Curry, Housing Program and Policy Specialist, 
Office of Single Family Program Development, Office of Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 9266, Washington, DC 20410-8000, telephone (202) 708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Elizabeth Center Apartments, Elizabeth, New 
Jersey--FHA Project Number 031-55014. This project requested a waiver 
of the regulations to allow for the re-amortization and extension of 
maturity for the flexible subsidy loan on the subject property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term of 
the mortgage, termination of these actions would typically terminate 
FHA involvement with the property, and the Flexible Subsidy loan would 
be repaid, in whole, at that time.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 10, 2007.
    Reason Waived: The waiver was granted because the project was 
experiencing financial difficulty and in need of physical repairs. It 
was determined that granting the waiver would allow the project to 
forbear repayment of the Flexible Subsidy Operating Assistance Loan in 
conjunction with the refinancing of the project through the Section 
223(a)(7) program. Further, it would allow the property to make 
critical and non-critical repairs at the property as well as extend the 
affordability for the residents. The owner agreed to execute a Use 
Agreement extending affordability for 20 years beyond the date of the 
original maturity or the term of the new amortization, whichever is 
longer. All surplus cash is to be applied to the existing flexible 
subisdy debt helping preserve the affordability of this project.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street,

[[Page 15172]]

SW., Room 6160, Washington, DC 20410-8000, telephone (202) 708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Four Freedoms House, Seattle, Washington--FHA 
Project Number 127-SH007. The owner of this project requested approval 
to defer prepayment of the Flexible Subsidy loan in order to fund much-
needed repairs at this property designed for the elderly.
    Nature of Requirement: Section 219.220(b) of HUD regulations 
governs the repayment of operating assistance provided under the 
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 
states: ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term of 
the mortgage, termination of these actions would typically terminate 
FHA involvement with the property, and the Flexible Subsidy loan would 
be repaid, in whole, at that time.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 13, 2007.
    Reason Waived: Waiver of this regulation was granted to provide the 
owner of this property approval to prepay the existing mortgage and 
obtain financing to perform much-needed substantial rehabilitation of 
the property. The owner proposed to refinance and combine the loan for 
Four Freedoms House with the loan on Henry M. Jackson, FHA Project 
Number 127-EH018, a neighboring project with the same ownership; pay a 
lump sum of $100,000 toward the flexible subsidy loan at the time of 
the refinancing and fully retire the remaining flexible subsidy debt 
over the new mortgage term and deposit $1,000 per unit into the Reserve 
for Replacement account. All surplus cash is to be applied to the debt, 
the balance of the flexible subsidy loan is to be re-amortized and a 
new use agreement was required in connection with prepayment of the 
section 202 loan until the maturity date.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-8000, telephone (202) 708-
3730.

     Regulation: 24 CFR 236.60(e).
    Project/Activity: Madonna Manor Apartments, Jackson, Mississippi, 
FHA Project Number 065-44802. The owner, Catholic Charities Housing 
Association of Jackson, requested permission to prepay the FHA-insured 
loan but were denied approval from HUD to retain the excess income 
retained between September 22, 2000 and July 2007.
    Nature of Requirement: Section 236.60(e) of HUD's regulations 
provides guidelines for retaining excess income. Excess income is 
defined as cash collected as rent from the residents by the mortgagor 
on a unit-by-unit basis that is in excess of the HUD-approved 
unassisted Basic Rent. The mortgagor must submit a request to retain 
Excess Income at least 90 days before the beginning of each fiscal year 
or any other date during a fiscal year that the mortgagor plans to 
begin retaining Excess Income for that fiscal year. If HUD, following 
review of the request, approves the request the mortgagor will not be 
required to submit a new request each fiscal year provided the use of 
Excess Income remains the same.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 23, 2007.
    Reason Waived: The owner had previously been approved to retain the 
excess income. The following year the owner requested permission to 
retain the excess income on an indefinite basis. HUD staff failed to 
issue a letter of permission or denial. A new purchaser had been 
approved for both an FHA bond financed 221(d)(4) substantial 
rehabilitation loan and a section 236(e)(2) decoupling. It was 
determined that providing for a waiver of this requirement for the 
period September 22, 2000 to August 31, 2004 would allow the owner to 
prepay the existing mortgage and obtain financing to perform 
substantial rehabilitation of the improvements and repairs at the 
property. The proposed purchaser would continue to operate the project 
under a new use agreement preserving this housing for low-income 
residents until the maturity date of the new mortgage.
    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 236.60(e).
    Project/Activity: Country Village Apartments, Redwood Falls, 
Minnesota, FHA Project Number 092-44141. The owners requested a waiver 
of the requirement that the owner submit excess income for the subject 
property.
    Nature of Requirement: Section 236.60(e) of HUD's regulations 
refers to retaining excess income. Excess income is defined as cash 
collected as rent from the residents by the mortgagor on a unit-by-unit 
basis that is in excess of the HUD-approved unassisted Basic Rent. The 
mortgagor must submit a request to retain Excess Income at least 90 
days before the beginning of each fiscal year before any other date 
during a fiscal year that the mortgagor plans to begin retaining Excess 
Income for that fiscal year. If HUD, following review of the request 
approves the request, the mortgagor will not be required to submit a 
new request each fiscal year provided the use of Excess Income remains 
the same.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.
    Reason Waived: This regulation was waived to allow the project to 
retain excess income since the excess income was used for eligible 
Reserve for Replacement items. The owner was not aware that he needed 
make further requests to continue to retain excess income. However, the 
project's REAC scores improved from 56 in 1999 to 94 in 2003 and again 
in 2006. After approval of this request, the project is eligible for 
prepayment and the current owner advised of his intention to sell the 
project. The transaction also involved decoupling the existing 236 and 
prepaying the 236 mortgage with proceeds from a city bond financing. 
The state is also committing funds for rehabilitation.
    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 811.108(a)(3).
    Project/Activity: Mechanicville Elderly Apartments, Mechanicville, 
New York, FHA Project Number 014-35166. The Mechanicville Housing 
Authority requested approval to use final fund balances of the 1995 
Multifamily Mortgage Revenue Refunding Bonds for energy efficiency 
measures at their two public housing projects.
    Nature of Requirement: Section 811.108(a)(3) of HUD's regulations 
refers to the requirements for debt service reserve on FHA insured 
projects. The debt service reserve must be invested and the income used 
to pay principal and interest on that portion of the obligations which 
is attributable to the funding of the debt service reserve. Any excess 
investment income must be added to the debt service reserve. Should the 
investment income be insufficient, surplus cash or residual receipts, 
to the extent approved by the field office may be used to pay such 
principal and interest costs. Upon full payment of the principal and 
interest,

[[Page 15173]]

on the obligations (including that portion of the obligations 
attributable to the funding of the debt service reserve) any funds 
remaining in the debt service reserve shall be remitted to HUD.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 1, 2007.
    Reason Waived: The Mechanicville Housing Authority requested waiver 
of this regulation in order to help finance energy efficiency 
improvements identified by an energy audit of its public housing 
projects. It was determined that a waiver would allow excess bond 
reserves to be used for desirable housing purposes. It was further 
determined that the Section 8 project which generated these funds is in 
excellent condition and did not need the money. This waiver would help 
finance the estimated $1 million of energy conservation improvements 
and thereby reduce the draw on HUD's operating subsidies to the Housing 
Authority.
    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 891.100(d).
    Project/Activity: Mount Beulah Terrace, Pagedale, MO, Project 
Number: 085-EE090/MO36-S051-006.
    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: October 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: Buena Vista Residence, Salem, MA, Project Number: 
023-HD183/MA06-Q021-001.
    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: October 3, 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 Meadows, North Smithfield, RI, Project 
Number: 016-EE046/RI43-S021-003.
    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: October 16, 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: Lutheran Village at Chippewa, Beaver Falls, PA, 
Project Number: 033-EE126/PA28-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: October 19, 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: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-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: November 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: Mosaic Housing XVI, Farmington, NM, Project 
Number: 116-HD029/NM16-Q061-001.
    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: November 13, 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: D Street Senior Housing, Ontario, CA, Project 
Number: 143-EE060/CA43-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: December 6, 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

[[Page 15174]]

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

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Sequoyah Apartments, Broken Arrow, OK, Project 
Number: 118-EE044/OK56-S061-001.
    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: December 6, 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: Itek Tuchena, Durant, OK, Project Number: 118-
EE047/OK56-S061-004.
    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: December 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: Spruce Street House of Hope, Nashville, TN, 
Project Number: 086-HD039/TN43-Q061-003.
    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: December 27, 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: ASI Freeport Senior Housing, Freeport, IL, 
Project Number: 071-EE224/IL06-S061-005.
    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: December 27, 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: Haven Peniel Senior Citizens Residence, 
Philadelphia, PA, Project Number: 034-EE151/PA26-S061-003.
    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: December 27, 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 891.130(a).
    Project/Activity: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-Q061-002.
    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: November 28, 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 891.165.
    Project/Activity: Buena Vista Residence, Salem, MA, Project Number: 
023-HD183/MA06-Q021-001.
    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: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to obtain a 
more experienced contractor and to revise the firm commitment 
application.
    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: La Palma Apartments, Miami-Dale County, FL, 
Project Number: 066-EE093/FL29-S021-014.
    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: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to receive 
final approval of secondary financing documents a waiver of impact 
fees.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban

[[Page 15175]]

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

     Regulation: 24 CFR 891.165.
    Project/Activity: Homes of Care I, Lawrence, MA, Project Number: 
023HD218/MA06-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: October 3, 2007.
    Reason Waived: The sponsor/owner needed additional time to receive 
final approval of secondary financing and to meet new design 
regulations.
    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: The Presbyterian Homes of Dover, Toms River 
Township, NJ, Project Number: 035-EE050/NJ39-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: October 16, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
site to be conveyed from the Township to the owner.
    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: October 29, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
Town of Fort Gay to obtain funds to pave the street 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: Hattie Jackson II, Washington Court House, OH, 
Project Number: 043-EE108/OH16-S041-009.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 1, 2007.
    Reason Waived: The sponsor/owner needed additional time to revise 
the easement description, and allow the closing documents to be 
recorded 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: November 8, 2007.
    Reason Waived: The sponsor/owner needed additional time for this 
mixed-finance project to meet the underwriting criteria of multiple 
funding sources and 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: Alternative Homes 2005, Alpha Borough, NJ, 
Project Number: 031-HD147/NJ39-Q051-003.
    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: November 15, 2007.
    Reason Waived: The sponsor/owner needed additional time to secure 
additional funding.
    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: Cornerstone Homes, New Orleans, LA, Project 
Number: 064-EE167/LA48-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: December 4, 2007.
    Reason Waived: The sponsor/owner needed additional time for a new 
site to be approved, 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., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Mockingbird Apartments, Denton, TX, Project 
Number: 113-HD036/TX16-Q051-001.
    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.

[[Page 15176]]

    Date Granted: December 6, 2007.
    Reason Waived: The sponsor/owner needed additional time for the new 
site to be approved, for the firm commitment to be processed 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: Lil Jackson Senior Community, Oceanside, CA, 
Project Number: 129-EE032/CA33-S051-001.
    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: December 11, 2007.
    Reason Waived: The sponsor/owner needed additional time to complete 
the environmental review process required by the City, 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: Vista Del Sol, Northridge, CA, Project Number: 
122-HD166/CA16-Q051-004.
    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: December 12, 2007.
    Reason Waived: The project experienced significant delays while the 
sponsor/owner needed additional time to sought additional funding, and 
developed the appropriate wage standards required by the city.
    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: Princeton Manor, Florida City, FL, Project 
Number: 066-EE103/FL29-S041-006.
    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: December 20, 2007.
    Reason Waived: The sponsor/owner needed additional time to obtain a 
partial release of security for the new site, for the firm commitment 
to be processed 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: Morris Heights Senior Housing, Bronx, NY, Project 
Number: 012-EE332/NY36-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: December 20, 2007.
    Reason Waived: The sponsor/owner needed additional time for this 
mixed finance project to proceed to 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., Washington, DC 20410-8000, 
telephone (202) 708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: UCP Glendale Accessible Apartments, Glendale, CA, 
Project Number: 122-HD163/CA16-Q051-001.
    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: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time to complete 
the city's lengthy plan check review and to secure additional funding.
    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: Share XIII (aka South Country Homes II), South 
Setauket, NY, Project Number: 012-HD126/NY36-Q041-005.
    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: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
initially 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: Share XII (aka South Country Homes I), South 
Setauket, NY, Project Number: 012-HD125/NY36-Q041-004.
    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: December 27, 2007.
    Reason Waived: The sponsor/owner needed additional time for the 
initially 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 891.305.
    Project/Activity: Summit Apartments, Kansas City, MO, Project 
Number: 084-HD056/MO16-Q061-002.

[[Page 15177]]

    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. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 7, 2007.
    Reason Waived: The required tax-exemption ruling from the Internal 
Revenue Service (IRS) although applied for, had not been issued 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 891.310(b)(1) and 891.310(b)(2).
    Project/Activity: Share XII (aka South Country Homes II), Project 
Number: 012-HD125/NY36-Q041-004.
    Nature of Requirement: Section 891.310(b)(1) requires that all 
entrances, common areas, units to be occupied by resident staff, and 
amenities must be readily accessible to and usable by persons with 
disabilities. Section 891.310(b)(2) requires that a minimum of 10 
percent of all bedrooms and bathrooms in a group home for the 
chronically mentally ill be accessible or adaptable for persons with 
disabilities.
    Granted By: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 26, 2007.
    Reason Waived: It was determined that the design of three of the 
four existing single family homes was such that it would not be 
economically or architecturally feasible to make all four group homes 
accessible. One group home would be accessible and if additional 
accessible units are needed, the sponsor has other permanent housing 
projects which are accessible.
    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 891.805 and 891.830(b) and 
891.830(c)(4).
    Project/Activity: Essex Senior Housing, Essex, VT, Project Number: 
024-EE098/VT36-S061-001.
    Nature of Requirement: Section 891.805 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. Section 891.830(b) requires that capital 
advance funds be drawn down only in approved ratio to other funds, in 
accordance with a drawdown schedule approved by HUD. Section 
891.830(c)(4) prohibits the capital advance funds from paying off 
bridge or construction financing, or repaying or collateralizing bonds.
    Granted By: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 18, 2007.
    Reason Waived: The proposed sole nonprofit general partner of the 
for-profit mixed finance owner met the statutoy definition. It was 
determined that the waiver of Sec.  891.830(b) would permit other 
funding sources to be disbursed faster than a pro rata basis, as 
required by HUD, in order to satisfy IRS's fifty percent test. However, 
the capital advance funds would not be drawn down any faster that a pro 
rata disbursement basis would have permitted. It was determined that 
the waiver of Sec.  891.830(c)(4) would permit capital advance funds to 
be used to pay off that portion of a bridge or construction financing, 
or repaying a portion of bonds that strictly relate to capital advance 
eligible costs. However, the capital advance funds would not be used to 
pay for construction interest or any transaction costs associated with 
the tax-exempt bonds or low-income housing tax credits financing.
    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 891.410(c).
    Project/Activity: Brick Consumer Home, Brick Township, New Jersey--
FHA Project Number 035-HD003. This project has experienced move-outs 
and a general lack of interest in shared housing. A waiver of the very-
low income requirement for one resident was requested.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 22, 2007.
    Reason Waived: This property experienced three move-outs between 
2005 and 2006. Due to the lack of interest in shared housing, 
management had difficulty maintaining full occupancy. A waiver of the 
very-low income requirement was requested for one resident who was 
admitted into the property in error. At the time, it was believed that 
the tenant met the exception that stipulates that low-income limits 
were to be used for Section 811 projects funded in FY 1995. However, 
management used the date the Project Rental Assistance Contract was 
executed instead of the date indicated on the funding reservation 
letter. It was discovered when management submitted a voucher for 
payment and an error was generated indicating the tenant's income 
exceeded the very-low limit and that a waiver would be required. The 
property is a Section 811 Capital Advance project for the disabled and 
is a three-bedroom house designated for chronically mentally ill 
clientele. This waiver was granted to prevent hardship to the subject 
tenant and allow them to remain at the property and not be displaced as 
a result of owner/management error and further help the property 
achieve 100 percent occupancy.
    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 891.410(c).
    Project/Activity: Prairie Haven, South Sioux City, Nebraska, FHA 
Project Number 103-EE016. The owner of Prairie Haven has requested 
permission to waive the very-low income requirement to help alleviate 
the current occupancy level and financial problems the property is 
experiencing.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.

[[Page 15178]]

    Reason Waived: This regulatory waiver was granted to Prairie Haven 
to allow the property to rent to persons who are above the very low-
income limits to the low-income limits (between 51 and 80 percent of 
area median income). Due to the remote location in the rural area 
within the municipality of South Sioux City, the owner has been unable 
to attract and maintain very low-income elderly applicants. The 
property had an average vacancy rate of 26.67 percent in 2007, despite 
management's extensive outreach and marketing efforts. The Kansas City 
Multifamily Hub reported that the local housing market continues to 
indicate an insufficient demand for very low-income elderly renters. 
Providing the waiver alleviated the current financial problems the 
project is experiencing and save the project from 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.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Shepherd Place Apartments, Carlisle, Kentucky, 
FHA Project Number 083-EH268. The owner/managing agent requested waiver 
of the very low-income restriction and elderly restriction in order to 
permit admission of lower-income (incomes between 51 and 80 percent of 
median), near-elderly applicants (between the age of 55 and 62), when 
there are no very low-income elderly applicants to fill vacant units.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: October 15, 2007.
    Reason Waived: This property is located in rural Nicholas County. 
The owner/managing agent reported that the Bourbon County Housing 
Authority reported vacancies and several other housing complexes 
throughout the surrounding counties of Bourbon, Harrison and Nicholas 
report vacancies. The market analysis indicated there was insufficient 
effective demand to fill the complex with very low-income elderly. It 
was determined that granting the waiver would allow the property to 
have the flexibility to offer units to individuals who meet the 
definition of lower income and near elderly and the owner would be able 
to increase occupancy levels and stabilize the project's current 
financial status 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.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Sunset Fields Apartments, Fennimore, Wisconsin, 
FHA Project Number 075-EE058. The project is experiencing severe 
vacancy problems. There is little demand by very low-income elderly for 
this type of housing in this small town.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 15, 2007.
    Reason Waived: A waiver of the very low-income restriction and 
elderly restriction was granted in order to permit admission of lower-
income (incomes between 51 and 80 percent of median) applicants where 
there are no very low-income elderly applicants to fill vacant units. 
There are currently three vacant units and one application from a lower 
income person. It was determined that this waiver would assist the 
project in operating successfully, to achieve full occupancy and 
perhaps develop a waiting list by expanding their leasing options.
    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 891.410(c).
    Project/Activity: Maplewood Estates, Stockton, Missouri--FHA 
Project Number 084-EE061. This project has had an average vacancy rate 
of 74 percent for the last twelve months despite management's extensive 
outreach efforts.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 20, 2007.
    Reason Waived: This property was experiencing a very slow rent up 
process since initial occupancy on September 27, 2006. As of August 
2007, 15 out of 27 units were still vacant. Management established an 
extensive marketing campaign that included radio and newspaper 
advertisements that were ongoing since August 2006. The property had 
difficulty remaining operational because the rental income, current at 
the time, did not cover the project's essential operating costs. It was 
determined that granting the waiver would allow the property owner to 
rent to persons who are above the very low-income limits to the low-
income limits and alleviate their cash flow problems by assisting the 
property to achieve full occupancy.
    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 891.410(c).
    Project/Activity: Fair Haven West, Pella, Iowa--FHA Project Number 
074-EE044. This project has had an average vacancy rate of 26.21 
percent for the past fourteen months despite management's extensive 
outreach efforts.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that receive 
reservations under Section 202 of the Housing Act of 1959 and housing 
assistance under Section 8 of the U.S. Housing Act of 1937. Section 
891.410(c) limits occupancy to very low-income elderly persons. To 
qualify, households must include a minimum of one person who is at 
least 62 years of age at the time of initial occupancy.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: November 29, 2007.
    Reason Waived: A waiver of the income requirement was granted to 
assist management in renting up vacant units at this property. Due to 
the remote

[[Page 15179]]

location in the rural area within the municipality of Pella, the owner 
was unable to attract and maintain very low-income elderly applicants. 
The local housing market continued to indicate an insufficient demand 
for very low-income elderly renters. Because the current occupancy 
level would not support the complex, it was determined that waiver of 
this regulation would allow the property to rent units to persons who 
are at the low-income limit, between 51 and 80 percent of the area 
median income, giving the owner additional flexibility in attempting to 
rent vacant units and perhaps start a waiting list.
    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: Union Township Housing Authority, (NJ109), Union, 
NJ.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted no later than nine months after 
the fiscal year end (FYE) of the housing authority in accordance with 
the Single Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: October 30, 2007.
    Reason Waived: The HA, a Section 8 only HA, requested a waiver of 
the audited financial reporting requirements under the Section 8 
Program for FYE December 31, 2006, because the HA is under the single 
audit requirements of the Office of Management and Budget A-133 and 
does not conduct a separate audit. Additionally, the HA was granted a 
realignment of its FYE from March 31 to December 31, to correspond with 
the fiscal year end of the primary government, the Township of Union. 
The HA was granted a waiver because the circumstances that prevented 
the HA from submitting the audited financial data were beyond the HA's 
control. Nevertheless, with the FYE change, the HA is required to 
submit a hardcopy of the audit report to the HUD Field Office upon 
completion of the single 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: City of Meriden Housing Authority, (CT011), 
Meriden, CT.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted no later than nine months after 
the fiscal year end (FYE) of the housing authority in accordance with 
the Single Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 6, 2007.
    Reason Waived: The HA requested a waiver for the removal of the 
Late Presumptive Failure (LPF) score of zero for the audited Financial 
Assessment Subsystem (FASS) Indicator for FYE September 30, 2006. The 
HA's audited financial submission was rejected, but due to server 
problems that impeded communication between the auditor and the HA, the 
HA failed to resubmit a corrected submission by the prescribed due 
date. The waiver granted the HA invalidation of the LPF, and 
resubmission of the 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: Monroe Co. Housing Authority, (PA028), 
Stroudsburg, PA.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted no later than nine months after 
the fiscal year end (FYE) of the housing authority in accordance with 
the Single Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 30, 2007.
    Reason Waived: The HA requested a waiver for the removal of the 
Late Presumptive Failure (LPF) score of zero for the audited Financial 
Assessment Subsystem (FASS) Indicator for FYE December 31, 2006, whose 
submission due date was September 30, 2007. The HA and the auditor 
completed the first and second step of the three-step audit submission 
process on September 20, 2007; however, the auditor failed to notify 
the HA that the process was completed and the submission ready for 
submission to the REAC. Due to the miscommunication, the HA missed the 
submission due date that resulted in the LPF. The waiver granted the HA 
invalidation of the LPF, and resubmission of the 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: City of Evansville Housing Authority, (IN016), 
Evansville, IN.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted no later than nine months after 
the fiscal year end (FYE) of the housing authority in accordance with 
the Single Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 5, 2007.
    Reason Waived: The HA requested a waiver of the due date of 
September 30, 2007, for the resubmission of the audited financial 
submission for FYE December 31, 2006. The HA and the auditor completed 
the first and second step of the three-step audit submission process on 
September 27, 2007; however, the auditor failed to notify the HA that 
the process was completed and ready for submission to the REAC. Due to 
the miscommunication, the HA missed the submission due date that 
resulted in the LPF. The waiver granted the HA invalidation of the LPF, 
and resubmission of the 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: Marlborough Community Development Authority 
Housing Division, (MA070), Marlborough, MA.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain

[[Page 15180]]

reporting compliance dates. The audited financial statements are 
required to be submitted no later than nine months after the fiscal 
year end (FYE) of the housing authority in accordance with the Single 
Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 6, 2007.
    Reason Waived: The HA, a Section 8 only entity, requested a waiver 
of the audited financial submission due date of September 30, 2007, for 
FYE December 31, 2006. The HA is a component unit of the City of 
Marlborough whose FYE is June 30, 2007. The HA was advised to request a 
FYE Change to coincide with the FYE of the primary reporting entity, 
the City of Marlborough. The waiver granted invalidation of the Failure 
to Submit (FTS) and allowed 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: City of Renton Housing Authority, (WA011), 
Renton, WA.
    Nature of Requirement: Section 5.801 of HUD's regulations 
establishes certain reporting compliance dates. The audited financial 
statements are required to be submitted no later than nine months after 
the fiscal year end (FYE) of the housing authority in accordance with 
the Single Audit Act and OMB Circular A-133.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 28, 2007.
    Reason Waived: The HA requested a waiver of the resubmission due 
date of October 28, 2007, for the submission of the audited financial 
submission for FYE December 31, 2006. The HA and the auditor completed 
the first and second step of the three-step audit submission process on 
October 23, 2007; however, the auditor failed to notify the HA that the 
process was completed and ready for submission to the REAC. Due to the 
miscommunication, the HA missed the resubmission due date that resulted 
in the LPF. The waiver granted the HA invalidation of the LPF, and 
resubmission of the 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 902.20.
    Project/Activity: District of Columbia Housing Authority, (DC001), 
Washington, DC.
    Nature of Requirement: The objective of this regulation is to 
determine whether a housing authority (HA) is meeting the standard of 
decent, safe, sanitary, and in good repair. The Real Estate Assessment 
Center (REAC) provides for an independent physical inspection of a HA's 
property of properties that includes a statistically valid sample of 
the units.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 2, 2007.
    Reason Waived: The HA requested a waiver of the physical 
inspections under Physical Assessment Subsystem (PASS) Indicator of the 
Public Housing Assessment Subsystem (PHAS) for fiscal year ending (FYE) 
September 30, 2007. The waiver granted a cancellation of the PASS 
inspections because 31 of the HA's 41 developments are in the midst of 
a comprehensive rehabilitation project that will ensure 20 year 
viability. HUD confirmed that the contracts are in place and the 
rehabilitation efforts are underway. Physical inspections will resume 
for the FYE September 30, 2008, assessment cycle.
    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 902.20.
    Project/Activity: Housing Authority of the City of Wisconsin 
Rapids, (WI068), Wisconsin Rapids, WI.
    Nature of Requirement: The objective of this regulation is to 
determine whether a housing authority (HA) is meeting the standard of 
decent, safe, sanitary, and in good repair. The Real Estate Assessment 
Center (REAC) provides for an independent physical inspection of a HA's 
property of properties that includes a statistically valid sample of 
the units.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: September 17, 2007.
    Reason Waived: The HA requested a waiver of the physical 
inspections and Physical Assessment Subsystem (PASS) indicator score 
for fiscal year ending (FYE) December 31, 2006, because of major hail 
storm damage to HA's properties whose repairs were not scheduled to be 
completed until December 2007. The waiver granted a cancellation of the 
PASS inspections for FYE December 31, 2006. Physical inspections will 
resume for the FYE December 31, 2007, assessment cycle.
    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 902.60(d) and 24 CFR 902.60(e).
    Project/Activity: Housing Authority of East Baton Rouge Parrish, 
(LA003), Baton Rouge, LA.
    Nature of Requirement: These regulations establish annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 28, 2007.
    Reason Waived: The Housing Authority of East Baton Rouge Parrish 
(HA) requested a waiver to have more resources to concentrate on 
organizational, procedural and software changes to convert to asset 
management. The HA was granted a waiver of the requirements of 24 CFR 
902.60(d), to submit a management operations certification, and 24 CFR 
902.60(e), to undertake the resident satisfaction survey, for the 
fiscal year ending (FYE) September 30, 2007. HUD agreed to 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 City of Ashville, (NC007), 
Ashville, NC.
    Nature of Requirement: These regulations establish annual 
certification requirements for management operations and resident 
satisfaction surveys.
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.

[[Page 15181]]

    Date Granted: December 17, 2007.
    Reason Waived: Housing Authority of City of Ashville (HA) requested 
a waiver to have more resources to concentrate on organizational, 
procedural and software changes to convert to asset management. The HA 
was granted a waiver of the requirements of 24 CFR 902.60(d), to submit 
a management operations certification, and 24 CFR 902.60(e), to 
undertake the resident satisfaction survey, for the fiscal year ending 
(FYE) September 30, 2007. HUD agreed to 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: Dallas Housing Authority, (TX009), Dallas, 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: December 17, 2007.
    Reason Waived: The Dallas 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 was granted a 
waiver of the requirements of 24 CFR 902.60(d), to submit a management 
operations certification, and 24 CFR 902.60(e), to undertake the 
resident satisfaction survey, for the fiscal year ending (FYE) December 
31, 2007. HUD agreed to 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: Decatur Housing Authority, (IL012), Decatur, IL.
    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: December 18, 2007.
    Reason Waived: The Decatur 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 
was granted a waiver of the requirements of 24 CFR 902.60(d), to submit 
a management operations certification, and 24 CFR 902.60(e), to 
undertake the resident satisfaction survey, for the fiscal year ending 
(FYE) March 31, 2008. HUD agreed to 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 Greenville, 
(NC022), Greenville, NC.
    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: December 28, 2007.
    Reason Waived: The Housing Authority for the City of Greenville 
(HA) requested the waiver to have more resources to concentrate on 
organizational, procedural and software changes to convert to asset 
management. The HA was granted a waiver of the requirements of 24 CFR 
902.60(d), to submit a management operations certification, and 24 CFR 
902.60(e), to undertake the resident satisfaction survey, for the 
fiscal year ending (FYE) March 31, 2008. HUD agreed to 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: Huntsville Housing Authority, (AL047), 
Huntsville, 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: December 28, 2007.
    Reason Waived: The Huntsville Housing Authority (HA) requested the 
waiver to have more resources to concentrate on organizational, 
procedural and software changes to convert to asset management. The HA 
was granted a waiver of the requirements of 24 CFR 902.60(d), to submit 
a management operations certification, and 24 CFR 902.60(e), to 
undertake the resident satisfaction survey, for the fiscal year ending 
(FYE) March 31, 2008. HUD agreed to 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: Winfield Housing Authority, (AL058), Winfield, 
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: December 28, 2007.
    Reason Waived: The Winfield Housing Authority (HA) requested the 
waiver to have more resources to concentrate on organizational, 
procedural and software changes to

[[Page 15182]]

convert to asset management. The HA was granted a waiver of the 
requirements of 24 CFR 902.60(d), to submit a management operations 
certification, and 24 CFR 902.60(e), to undertake the resident 
satisfaction survey, for the fiscal year ending (FYE) March 31, 2008. 
HUD agreed to 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: Bear Creek Housing Authority, (AL081), Guin, 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: December 31, 2007.
    Reason Waived: The Bear Creek Housing Authority (HA) requested the 
waiver to have more resources to concentrate on organizational, 
procedural and software changes to convert to asset management. The HA 
was granted a waiver of the requirements of 24 CFR 902.60(d), to submit 
a management operations certification, and 24 CFR 902.60(e), to 
undertake the resident satisfaction survey, for the fiscal year ending 
(FYE) March 31, 2008. HUD agreed to 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)(1)(ii).

    Project/Activity: The Punta Gorda Housing Authority of (PGHA), 
Punta Gorda, FL, Gulf Breeze Apartments Mixed-Finance Project. This 
waiver is requested by PGHA as it pertains to the selection of Brooks 
and Freund, LLC as the general contractor for Gulf Breeze Apartments.
    Nature of Requirement: Section 941.606(n)(1)(u) of HUD's 
regulations states ``that if the partner and/or owner entity (or any 
other entity with an identity of interest with such parties) wants to 
serve as the general contractor for the project or development, it may 
award itself the construction contract only if it can demonstrate to 
HUD's satisfaction that its bid is the lowest bid submitted in response 
to a public request for bids.''
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: October 22, 2007.
    Reason Waived: PGHA submitted a certification by an independent 
third-party construction cost estimator prepared by Benchmark 
Estimating Services, Inc., for the Gulf Breeze Apartment project. This 
estimate totaled $18,690,310. HCPG also submitted the construction 
contract with Brooks and Freund, an affiliate of Norstar Development 
USA, which is the master developer for the project with a fixed-sum 
price of $18,450,772. PGHA demonstrated that the construction costs are 
reasonable and are within applicable HUD cost limits. HUD therefore 
granted the waiver as the Brooks and Freund cost is below that of the 
independent cost estimate and PGHA provided good cause to waive 24 CFR 
941.606(n)(1)(ii)(B) in order to accomplish the mixed-finance 
development known as Gulf Breeze Apartments.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Housing Authority of Fulton County (HAFC), 
Atlanta, GA, Mixed-Finance Rental Project. Waiver requested by HAFC for 
the Fulton County Replacement Housing Mixed-Finance Rental project 
consisting of 76 public housing/Low Income Tax Credit units (LIHTC), 
116 project-based Section 8/LIHTC units, 71 LIHTC-only units and 29 
market rate units.
    Nature of Requirement: Section 941.606(n)(l)(u) of HUD's regulation 
states ``that if the partner and/or owner entity (or any other entity 
with an identity of interests with such parties) wants to serve as the 
general contractor for the project or development, it may award itself 
the construction contract only if it can demonstrate to HUD's 
satisfaction that its bid is the lowest bid submitted in response to a 
public request for bids.''
    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 6, 2007.
    Reason Waived: HAFC submitted a certification by an independent 
third-party construction cost estimator and HUD reviewed the 
independent cost estimates and related budgets. The project is below 
the Total Development Cost limit, pursuant to PIH Notice 2007-19, and 
HUD performed a fee analysis of the construction contract which showed 
that all of the construction fees are within HUD's Cost Control and 
Safe Harbor Standards, revised April 9, 2003. HAFC demonstrated that 
the construction costs are reasonable and are within applicable HUD 
cost limits. HUD granted the waiver because HAFC provided good cause to 
waive 24 CFR 941.606(n)(1)(ii)(B) in order to accomplish the mixed-
finance development known as Arcadia at Parkway Village, Phase I.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.610(a)(1-7).
    Project/Activity: Housing Authority of the City of Milwaukee 
(HACM), Milwaukee, WI, request to waive HUD review of certain legal 
documents for the Scattered Sites Mixed-Finance Project.
    Nature of Requirement: Section 941.610(a)(1-7) of HUD's regulations 
requires HUD review and approval of certain legal documents related to 
mixed-finance development before closing can occur and public housing 
funds can be released. Under the waiver, these documents no longer need 
to be submitted to HUD for review. In lieu of HUD's review of these 
documents, and before public housing funds can be released, the PHA 
must submit documentation which certifies, in form specified by HUD, to 
the accuracy and authenticity of the legal documents detailed in 
941.610 subparts (a)(1)-(a)(7). Granting a waiver of 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.

[[Page 15183]]

    Granted By: Orlando J. Cabrera, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: November 6, 2007.
    Reason Waived: 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. The Scattered Sites project includes 
Low Income Housing Tax Credits. The review process and financial 
control mechanisms associated with Low Income Housing Tax Credits are 
extensive. It was determined that HUD review would repeat and duplicate 
the activities which these processes are already performing. The 
financial structure of the Scattered Sites project is very similar to 
the previous mixed-finance projects undertaken by HACM, all of which 
underwent full evidentiary document review and approval by HUD. HACM 
advised that it would be represented by the same legal team for the 
Scattered Sites project that it used in several previous HOPE VI mixed-
finance transactions. The legal team is very experienced and has long 
track record of success in these types of transactions.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.610(a)(1-7).
    Project/Activity: King County Housing Authority (KCHA), Seattle, WA
    Request to waive HUD review of certain legal documents for Salmon 
Creek Apartments HOPE VI Grant Number: WA19URD002I101.
    Nature of Requirement: Section 941.610(a)(1-7) of HUD's regulations 
requires HUD review and approval of certain legal documents related to 
mixed-finance development before closing can occur and public housing 
funds can be released. Under the waiver, these documents no longer need 
to be submitted to HUD for review. In lieu of HUD's review of these 
documents, and before public housing funds can be released, the PHA 
must submit documentation which certifies, in form specified by HUD, to 
the accuracy and authenticity of the legal documents detailed in 
941.610 subparts (a)(1)-(a)(7). Granting a waiver of 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: November 6, 2007.
    Reason Waived: KCHA 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. Salmon Creek is a mixed-finance 
transaction, and as such, includes HOPE VI, Low Income Housing Tax 
Credits, and private mortgage funds. The review process and financial 
control mechanisms associated with Low Income Housing Tax Credits are 
extensive. The private sector mortgage lender also reviews the 
project's financial and project documents. It was determined that HUD 
review would repeat and duplicate the activities which these processes 
are already performing. Salmon Creek project is very similar to the two 
previous mixed-finance projects undertaken by KCHA, both of which 
underwent full evidentiary document review and approval by HUD. HUD was 
advised that for Salmon Creek, KCHA would be the developer, as it had 
been for the two previous phases. HUD also was advised that the 
investor partner, attorneys, and financial advisors would remain the 
same and Bank of America again would provide construction financing.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20140-5000, telephone (202) 402-4181.

     Regulation: 24 CFR 941.610(a)(1-7).
    Project/Activity: Housing and Redevelopment Authority of Duluth 
(HRAD), Duluth, MN, request to waive HUD review of certain legal 
documents for Harbor View Homes HOPE VI Project: Phase III HOPE VI, 
Project Number: MN46URD003I102.
    Nature of Requirement: Section 941.610(a)(1-7) of HUD's regulations 
requires HUD review and approval of certain legal documents related to 
mixed-finance development before closing can occur and public housing 
funds can be released. Under the waiver, these documents no longer need 
to be submitted to HUD for review. In lieu of HUD's review of these 
documents, and before public housing funds can be released, the PHA 
must submit documentation which certifies, in form specified by HUD, to 
the accuracy and authenticity of the legal documents detailed in 
941.610 subparts (a)(1)-(a)(7). Granting a waiver of 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: December 21, 2007.
    Reason Waived: HRAD is a high performing housing authority with 
extensive development and mixed-finance experience. The partners in the 
project are equally experienced. As of the date of request of the 
regulatory waiver, HRAD had closed 4 phases of the Harbor View Homes 
HOPE VI project, including Phases I and II, which are also part of the 
on-site development. The partners in Phase III are basically the same 
as the partners in Phases I and II. Phase III is a mixed-finance 
transaction and includes Low Income Housing Tax Credits. Therefore, all 
partners have extensive internal review processes and financial control 
mechanisms related to the financing. It was determined that HUD review 
would repeat and duplicate the activities which these processes are 
already processing.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20140, telephone (202) 402-4181.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of Snohomish County (HASC) 
Snohomish County, WA. HASC requested a waiver regarding exception 
payment standards so to provide 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: November 6, 2007.
    Reason Waived: The applicant, who is a person with disabilities, 
owns a manufactured home that meets her physical needs and is 
accessible to her social support system. To provide a

[[Page 15184]]

reasonable accommodation so that this applicant pays no more than 40 
percent of adjusted monthly income toward the family share, the HASC 
was granted a waiver 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-
5000, telephone (202) 708-0477.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Housing Authority of Baltimore City (HABC), 
Baltimore, MD. The HABC is contracting to an Energy Performance Company 
for 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, approved August 
8, 2005). Section 151(2)(B) of Subtitle D (Public Housing) of this Act 
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: October 18, 2007.
    Reason Waived: The HABC advised that it is undertaking a self-
developed energy project, acting as an Energy Services company, and 
hired a qualified third party consultant to provide energy management 
expertise. HABC advised that it anticipated that recommendations 
arising from its energy audit would incorporate a selection of energy 
conservation measures whose life cycle expectations and costs would 
exceed the 12-year regulatory limitation in 24 CFR 990.185(a). The HABC 
anticipated that the selection of retrofits would 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 HABC and its residents, the waiver 
granted the HABC the 12-year payback period to allow up to a 20-year 
payback period, contingent on HUD's provisions to HABC.
    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. The HUD provisions include, but are not limited to 
information requirements necessary for the local field office to 
monitor savings over the 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's (OMB) concern 
related to the higher risk levels associated with a 20-year versus the 
previous limit of 12 years. HUD, through these provisions, provides 
individual assessments 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 4226, Washington, 
DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Big Rapids Housing Commission (BRHC), Big 
Rapids, MI. The BRHC is contracting to an Energy Performance Company 
for 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, approved August 
8, 2005). Section 151(2)(B) of Subtitle D (Public Housing) of this Act 
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: October 18, 2007.
    Reason Waived: The BRHC advised it is undertaking a self-developed 
energy project, acting as an Energy Services company, and hired a 
qualified third party consultant to provide energy management 
expertise. BRHC advised that it anticipated that recommendations 
arising from its energy audit would incorporate a selection of energy 
conservation measures whose life cycle expectations and costs would 
exceed the 12-year regulatory limitation in 24 CFR 990.185(a). The BRHC 
anticipated that the selection of retrofits would 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 BRHC and its residents, the waiver 
granted the BRHC the 12-year payback period to allow up to a 20-year 
payback period, contingent on HUD's provisions to BRHC.
    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. The HUD provisions include, but are not limited to 
information requirements necessary for the local field office to 
monitor savings over the 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's (OMB) concern 
related to the higher risk levels associated with a 20-year versus the 
previous limit of 12 years. HUD, through these provisions, provides 
individual assessments 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 4226, Washington, 
DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Bethlehem Housing Authority (BHA), Bethlehem,

[[Page 15185]]

PA. The BHA is contracting to an Energy Performance Company for 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, approved August 
8, 2005). Section 151(2)(B) of Subtitle D (Public Housing) of this Act 
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: October 18, 2007.
    Reason Waived: The BHA advised that it is undertaking a self-
developed energy project, acting as an Energy Services company, and 
hired a qualified third party consultant to provide energy management 
expertise. BHA advised that it anticipated that recommendations arising 
from its energy audit would incorporate a selection of energy 
conservation measures whose life cycle expectations and costs would 
exceed the 12-year regulatory limitation in 24 CFR 990.185(a). The BHA 
anticipated that the selection of retrofits would 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 BRHC and its residents, the waiver 
granted the BHA the 12-year payback period to allow up to a 20-year 
payback period, contingent on HUD's provisions to BHA.
    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. The HUD provisions include, but are not limited to 
information requirements necessary for the local field office to 
monitor savings over the 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's (OMB) concern 
related to the higher risk levels associated with a 20-year versus the 
previous limit of 12 years. HUD, through these provisions, provides 
individual assessments 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 4226, Washington, 
DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Norwich Housing Authority (NHA), Norwich, 
Connecticut. The NHA is contracting to an Energy Performance Company 
for 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, approved August 
8, 2005). Section 151(2)(B) of Subtitle D (Public Housing) of this Act 
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: November 7, 2007.
    Reason Waived: The NHA advised that it 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. NHA anticipated that recommendations arising from its energy 
audit would incorporate a selection of energy conservation measures 
whose life cycle expectations and costs would exceed the 12-year 
regulatory limitation in 24 CFR 990.185(a). The NHA anticipated that 
the selection of retrofits would 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 NHA and its residents, the waiver granted the NHA the 12-
year payback period to allow up to a 20-year payback period, contingent 
on HUD's provisions to NHA.
    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. The HUD provisions include, but are not limited to 
information requirements necessary for the local field office to 
monitor savings over the 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's (OMB) concern 
related to the higher risk levels associated with a 20-year versus the 
previous limit of 12 years. HUD, through these provisions, provides 
individual assessments 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 4226, Washington, 
DC 20410-5000, telephone (202) 708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: The Lackawanna County Housing Authority (LCHA), 
Lackawanna, Pennsylvania. The LCHA is contracting to an Energy 
Performance Company for 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, approved August 
8, 2005). Section 151(2)(B) of Subtitle D (Public Housing) of this Act 
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

[[Page 15186]]

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: November 13, 2007.
    Reason Waived: The LCHA advised that it is undertaking a self-
developed energy project, acting as an Energy Services company, and 
hired a qualified third party consultant to provide energy management 
expertise. LCHA anticipated that recommendations arising from its 
energy audit would incorporate a selection of energy conservation 
measures whose life cycle expectations and costs would exceed the 12-
year regulatory limitation in 24 CFR 990.185(a). The LCHA anticipated 
that the selection of retrofits would 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 NHA and its residents, the waiver granted the LCHA the 12-
year payback period to allow up to a 20-year payback period, contingent 
on HUD's provisions to LCHA.
    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. The HUD provisions include, but are not limited to 
information requirements necessary for the local field office to 
monitor savings over the 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's (OMB) concern 
related to the higher risk levels associated with a 20-year versus the 
previous limit of 12 years. HUD, through these provisions, provides 
individual assessments 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 4226, Washington, 
DC 20410-5000, telephone (202) 708-0744.

[FR Doc. E8-5799 Filed 3-20-08; 8:45 am]
BILLING CODE 4210-67-P