[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75738-75763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29308]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5217-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2008

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 July 1, 2008, and ending on September 30, 2008.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Office of General Counsel, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 10276, Washington, DC 20410-
0500, telephone number 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 third quarter of calendar year 2008.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2008, through September 30, 2008. 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 third quarter of calendar 
year 2008) before the next report is published (the fourth quarter of 
calendar year 2008), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.


[[Page 75739]]


    Dated: December 3, 2008.
Michael C. Flynn,
Acting General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2008 Through 
September 30, 2008

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

    The regulatory waivers granted appear in the following order:
    I. Regulatory waivers granted by the Office of Community Planning 
and Development.
    II. Regulatory waivers granted by the Office of Housing.
    III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 51.202(a).
    Project/Activity: Mississippi Development Authority requested a 
wavier of the regulation 24 CFR part 51, subpart C, for the Small 
Rental Property Assistance Program and the Long Term Workforce Housing 
Program. These programs provide Community Development Block Grant 
disaster assistance for projects located in Hancock, Harrison, Jackson, 
and Pearl River counties in the Gulf Coast region in Mississippi.
    Nature of Requirement: HUD's regulations in 24 CFR part 51, subpart 
C, specifically at Sec.  51.202(a) do not allow approval of an 
application for assistance for a proposed project located at less than 
the acceptable separation distance from a hazard, as defined in Sec.  
51.201, unless appropriate mitigating measures, as defined in Sec.  
51.205 are implemented, or unless mitigating measures are already in 
place. The purpose of this regulation is to establish safety standards 
which can be used as a basis for calculating acceptable separation 
distance for HUD-assisted projects from specific, stationary, hazardous 
operations which store, handle, or process hazardous substances.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development
    Date Granted: August 27, 2008.
    Reason Waived: Mississippi Development Authority advised HUD that 
of the 1,200 applicants for the Small Rental Property Assistance 
Program (SRAP), about 750 applications would require mitigation of one 
or more adjacent residential propane tanks because the HUD assisted 
project is located at less than the acceptable separation distance 
pursuant to HUD's regulations at 24 CFR part 51, subpart C. MDA 
estimated that there are approximately 10,357 above-ground storage 
tanks along the Gulf Coast. The majority of residential propane tanks 
were 250 gallons; however, there were instances where the residential 
propane tank was greater than 250 gallons. The acceptable separation 
distance (for blast overpressure) for a 250 gallon tank of propane is 
135 feet.
    Mitigation measures included constructing a barrier to surround the 
tank or building a structure on the HUD property site to shield the 
proposed project from the hazard. The residential propane tanks that 
impact the HUD assisted project are located off-site on adjacent 
properties. In the Mississippi Gulf Coast, generally the residential 
propane tanks are leased from the propane distributor and the tanks are 
aboveground (not buried). The average SRAP grant is $30,000. For these 
reasons, mitigating residential propane tanks on adjacent properties is 
not practical or economically feasible.
    The National Fire Protection Association (NFPA), through its 
development of codes and standards, is an authoritative source on 
public safety regarding fire and other hazards. Its mission is to 
reduce the burdens of fire and hazards by providing consensus codes and 
standards, research, training and education. As an authoritative source 
on public safety, NFPA developed NFPA Code 58 that established codes 
and standards used by the propane industry and operators regarding 
storage and handling of liquefied petroleum gases (LPG). NFPA Code 58 
is intended to provide the industry with a framework of operational 
information and standards that, if followed, will minimize the 
probability of risk and accidents. Most states, including Mississippi, 
have adopted and integrated the NFPA Code 58 into their state and local 
codes for LPG operations. A recent study by NFPA on natural gas and LP-
gas home structure fires confirms that one of the reasons why LP-gas 
home structure fires have fallen 83% nationally is due to increased 
awareness from following NFPA Code 58 Section 2-2.1.4 specifically. It 
is the responsibility of the container's owner to follow NFPA Code 58 
to see that proper maintenance and re-qualification is accomplished on 
liquid petroleum gas containers, in order to minimize the probability 
of accidents and risks to human populations and structures.
    It is also the responsibility of the propane marketer to follow 
NFPA Code 58 and verify that a container is fit for service before 
filling it. NFPA Code 58 requires that containers be designed, 
fabricated, tested and marked (or stamped) in accordance with the 
Regulations of the U.S. Department of Transportation (DOT), the 
American Society of Mechanical Engineers (ASME) Boiler and Pressure 
Vessel Code, ``Rules for the Construction of Unfired Pressure 
Vessels'', Section VIII, or the American Petroleum Institute (API)-ASME 
Code for Unfired Vessels for Petroleum Liquids and Gases applicable at 
the date of manufacture of the container.
    The waiver was granted based on the following findings: the Small 
Rental Property Assistance Program and Long Term Workforce Housing 
Program will further the objective of providing much needed housing 
units in established residential communities affected by hurricane 
Katrina; there are significant economic and practical difficulties in 
mitigating the off-site residential propane tanks located on adjacent 
properties; the particular facts in Mississippi as described above 
suggest that any danger to HUD sites is minimal; and a site visit 
conducted by HUD staff verified the facts and examined a sample of the 
proposed sites also suggested any danger to HUD sites is minimal.
    This waiver does not apply to proposed HUD-assisted propane 
containers of volume capacities higher than 250 gallons and applicants 
for HUD funding assistance for such projects are required to be in 
compliance with the requirements of 24 CFR part 51, subpart C. The 
waiver was granted for residential propane tanks of 250 gallons or less 
located off-site on adjacent properties, provided that these 
residential propane tanks are designed, fabricated, tested and marked 
(or stamped) in accordance with the regulations of the U.S. Department 
of Transportation (DOT), the American Society of Mechanical Engineers 
(ASME) Boiler and Pressure Vessel Code, ``Rules for the Construction of 
Unfired Pressure Vessels,'' Section VIII, or the American Petroleum 
Institute (API)-ASME Code for Unfired Vessels for Petroleum Liquids and 
Gases applicable at the date of manufacture of the container. This 
waiver does not

[[Page 75740]]

apply to containers that are required to be removed from service 
because they have passed their useful life due to corrosion, mechanical 
damage, or lack of a nameplate.
    Contact: Danielle Schopp, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone number 202-402-4442.

     Regulation: 24 CFR 58.22(a)
    Project/Activity: Catholic Community Services of Utah submitted an 
application for building rehabilitation, operating costs and supportive 
services for St. Mary's/Marillac House in Salt Lake City, Utah. The 
project provides 70 treatment beds, office and treatment spaces to 
accommodate clients and 47 staff members and site improvements, 
including outdoor playground areas. Catholic Community Services 
committed nonfederal funds by executing a construction contract, an 
action that limits the choice of reasonable alternatives, before 
receiving an approved Request for Release of Funds.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires 
that an environmental review be performed and a request for release of 
funds be completed and certified prior to the commitment of non-HUD 
funds to a project using HUD funds.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 1, 2008.
    Reason Waived: The waiver was granted based on the following 
findings: the project furthered the objective of providing much needed 
housing for homeless individuals and families; no HUD funds were 
committed, and an environmental assessment and several site visits by 
HUD staff concluded that the granting of the waiver would not result in 
any adverse environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone number 202-402-4442.
     Regulation: 24 CFR 91.115(c)(2).
    Project/Activity: The State of Iowa to waive 24 CFR 91.115(c)(2).
    Nature of Requirement: The provisions of 24 CFR 91.115(c)(2) 
require that a minimum of 30 days be allowed for public comment 
following a substantial amendment to the Consolidated Plan.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 22, 2008.
    Reason Waived: A reduced public comment period allowed the State to 
implement the amendment to the 2008 Method of Distribution (MOD) and 
annual action plan expeditiously and enabled the State to provide 
assistance to affected units of general local governments for disaster 
recovery in a timely manner. The State's proposed amendment to 
reallocate recaptured funds or uncommitted funds for their current 
program year will provide the State with additional flexibility to 
address urgent needs in the transition period until supplemental 
funding becomes available.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, Room 7184, 
451 7th Street, SW., Washington, DC 20410-7000, telephone number 202-
708-1322.
     Regulation: 24 CFR 91.115(i).
    Project/Activity: The State of Iowa Community Development Block 
Grant Program.
    Nature of Requirement: Section 91.115(i) of HUD's regulations in 24 
CFR part 91 requires the State to follow its citizen participation 
plan.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver, in conjunction with the waiver of 24 
CFR 91.115(c)(2), allowed the State of Iowa to amend its action plan to 
reallocate recaptured funds or uncommitted funds for the current 
program year and provided the State with additional flexibility to 
address urgent needs in the transition period until supplemental 
funding becomes available.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.
     Regulation: 24 CFR 91.325(b)(4)(ii).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 91.325(b)(4)(ii) of HUD's 
regulations in 24 CFR part 91 requires a certification that the State 
has complied with the criterion that the aggregate use of CDBG funds, 
including Section 108 guaranteed loans, during a period specified by 
the State, consisting of one, two, or three specific consecutive 
program years, shall principally benefit low and moderate income 
families in a manner that ensures that at least 70 percent of the 
amount is expended for activities that benefit such persons during the 
designated period.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver allowed the State of Iowa to change its 
certification of compliance with this requirement retroactively, if the 
State so chooses, to a three-year period. This waiver also allowed the 
state to effectively ``front-load'' the overall 70% calculation which, 
in turn, allowed the state to use a higher percentage of funds for 
activities that meet the urgent need or slum/blight national objectives 
in year one. Nonetheless, HUD encouraged the State to maximize the 
amount of funding for activities that benefit low- and moderate-income 
persons.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulations: 24 CFR 92.300(a)(1).
    Project/Activity: The State of Washington requested a waiver of the 
HOME final rule to allow it to provide HOME CHDO (community housing 
development organization) set-aside funds to a limited liability 
company (LLC) that has a qualified CHDO as its sole managing partner in 
order to purchase and renovate affordable rental housing in downtown 
Spokane.
    Nature of Requirement: The HOME regulations at 24 CFR 92.300(a)(1) 
permits a participating jurisdiction to award CHDO set-aside funds to 
limited partnerships that include a qualified CHDO as the managing 
partner. LLCs are not an allowable form of CHDO project ownership in 
the HOME Regulation.
    Granted by: Nelson R. Bregon, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: September 2, 2008.
    Reasons Waived: Spokane Housing Ventures (SHV) is a local nonprofit 
organization that is designated as a CHDO by the City. The waiver was 
granted so that SHV could purchase and renovate the Bel Franklin 
Apartments in downtown Spokane; the financing is to include HOME CHDO 
set-aside funds and Low-Income Housing Tax Credits

[[Page 75741]]

(LIHTC). To facilitate the LIHTC financing, SHV formed the Bel Franklin 
Apartments LLC (LLC); SHV is the sole member of the LLC with 100 
percent ownership of the project. The City wished to provide HOME CHDO 
set-aside funds to the LLC. LLCs are not an allowable form of CHDO 
project ownership in the HOME regulation. The PJ, the CHDO and the LLC 
agreed that SHV is to be the sole managing member of the Bel Franklin 
Apartments LLC when the tax credit investors are brought into the 
transaction and will have effective project control over its operation. 
Ownership is to revert to SHV at the end of the 15-year tax compliance 
period. SHV also is to serve as the project developer and property 
manager. Both SHV and the LLC are bound by the provisions of the HOME 
regulations and the partnership operating agreement.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
7154, Washington, DC 20410-7000, telephone number 202-708-2470.

     Regulation: 24 CFR 570.208(a)(3).
    Project/Activity: Orange County, California.
    Nature of Requirement: Section 570.208(a)(3) of HUD's regulations 
in 24 CFR part 570 provide that in order to meet the criteria for the 
national objective of low- and moderate-income housing activities, two 
or more rental buildings, under common ownership and management and on 
the same or contiguous properties, may be treated as a single 
structure.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 22, 2008.
    Reason Waived: The Aliso Meadows Condominium complex is comprised 
of 248 units in 62 buildings. These units are occupied by a combination 
of owners and renters. The regulation only addresses rental buildings. 
The waiver was granted because this complex is primarily occupied by 
low- and moderate-income households and the complex is one of the few 
affordable housing developments in the city of Laguna Hills, a 
participant in the Orange County CDBG program. Also, without CDBG 
assistance this complex would become a blighting influence in the 
community.
    Contact: Mr. Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 7282, 
Washington, DC 20410-7000, telephone number 202-402-4548.

     Regulation: 24 CFR 570.308(a).
    Project/Activity: The city of Hammonton, NJ, elected to accept its 
status as an entitlement community and desired a joint agreement with 
Atlantic County, NJ to plan and implement a joint housing and community 
development program.
    Nature of Requirement: Communities that have been designated as a 
metropolitan city by OMB may accept or decline their status. A city or 
town such as Hammonton that accepts its status may enter into a joint 
agreement with an urban county, but it may only do so when the county 
is seeking a three-year requalification as an urban county. Atlantic 
County is currently entering into its third year of qualification for 
FYs 2007-2009 and will requalify as an urban county in 2009 for FYs 
2010-2012.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 25, 2008.
    Reason Waived: Hammonton is only allowed by regulation to spend 
$30,000 on administrative expenses, which is insufficient to begin and 
administer a separate CDBG program. In addition, Hammonton does not 
have the available resources to prepare the CDBG application and 
reporting documentation, such as the citizen participation plan, 
Consolidated Plan/Action Plan, fair housing analysis, and Consolidated 
Annual Performance and Evaluation Report. Finally, Hammonton staff does 
not have the skills to conduct transaction in HUD's Integrated 
Disbursement and Information System, which is necessary for successful 
CDBG program administration. Atlantic County is willing to provide 
Hammonton with administrative services and fully supports Hammonton's 
request for a waiver of 24 CFR 570.308(a).
    Contact: Gloria Coates, Entitlement Communities Division, Office of 
Block Grant Assistance, Office of Community and Planning Development, 
451 7th Street, SW., Room 7282, Washington, DC 20410-7000, telephone 
number 202-708-1577.

     Regulation: 24 CFR 570.483(b)(4)(iv)(A)(1).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.483(b)(4)(iv)(A)(1) of HUD's 
regulations in 24 CFR part 570 requires that for the purpose of 
determining whether a job is held by or made available to a low or 
moderate income person, the person may be presumed to be a low or 
moderate income person if he/she resides within a census tract (or 
block numbering area) or meets other criteria as mentioned in the 
regulation.
    Granted By: Susan D. Peppler, Assistant Secretary for Community and 
Planning Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver was granted and modified the criteria 
for locations in which a person may be presumed to be low or moderate 
income. The impact of the disaster on the State's economy (and on 
individual businesses) was so severe that, absent substantial evidence 
to the contrary, the State was reasonable in presuming that jobs would 
actually be lost from businesses that have been put out of operation or 
whose continued operation is endangered. The Housing and Community 
Development Act describes certain situations in which jobs may be 
presumed to principally benefit low- and moderate-income persons. The 
degree of socioeconomic and physical distress that exists in many Iowa 
communities was functionally equivalent to the degree of distress 
recognized by the statutory criteria allowing such presumptions.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulation: 24 CFR 570.483(b)(4)(v).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.483(b)(4)(v) of HUD's 
regulations provides that a census tract (or block numbering area) 
qualifies for certain presumptions under paragraphs (b)(4)(iv)(A)(1) 
and (B) of the regulations if it is either part of a Federally-
designated Empowerment Zone or Enterprise Community or meets other 
criteria.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver was granted and modified the criteria 
for locations in which a person may be presumed to be low or moderate 
income. The impact of the disaster on the State's economy (and on 
individual

[[Page 75742]]

businesses) was so severe that, absent substantial evidence to the 
contrary, the State was reasonable in presuming that jobs would 
actually be lost from businesses that have been put out of operation or 
whose continued operation is endangered. The Housing and Community 
Development Act describes certain situations in which jobs may be 
presumed to principally benefit low- and moderate-income persons. The 
degree of socioeconomic and physical distress that exists in many Iowa 
communities was functionally equivalent to the degree of distress 
recognized by the statutory criteria allowing such presumptions.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulation: 24 CFR 570.484.
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.484 of HUD's regulations 
requires the State to certify that, in the aggregate, not less than 70 
percent of CDBG funds received by the State during a period specified 
by the State, not to exceed three years, will be used for activities 
that benefit persons of low and moderate income.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver allowed the State of Iowa to change its 
certification of compliance with this requirement, retroactively if the 
State so chooses, to a three-year period. This waiver also allowed the 
State to effectively ``front-load'' the overall 70% calculation which 
allowed the state to use a higher percentage of funds for activities 
that meet the urgent need for slum/blight national objectives in year 
one. Nonetheless, HUD encouraged the State to maximize the amount of 
funding for activities that benefit low- and moderate-income persons.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

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 203.43f.
    Project/Activity: State of Louisiana.
    Nature of Requirement: Section 203.43f of HUD's regulations in 24 
CFR part 203 authorizes the insuring of manufactured homes built 
pursuant to the National Manufactured Home Construction and Safety 
Standards and meeting certain other requirements set forth therein. 
Among the requirements in Section 203.43f(c)(i) manufactured homes 
which have not been permanently sited for more than one year prior to 
the date of application for mortgage insurance must have the finished 
grade beneath the manufactured home at or above the 100 year return 
frequency flood elevation. Section 203.43f(d)(ii) provides that 
manufactured homes which have been permanently erected on a site for 
more than one year prior to the date of application for mortgage 
insurance must have the finished grade level beneath the manufactured 
home at or above the 100 year return frequency flood elevation.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 1, 2008.
    Reason Waived: The waiver was granted to permit the placement of 
FHA mortgage insurance on manufactured homes installed in the Federal 
Emergency Management Agency-designated flood plains in accordance with 
the National Flood Insurance Program installation requirements for 
manufactured homes found at 44 CFR 60.3(c)(6) or 44 CFR 60.3(c)(12). 
The waiver of the regulations required that the lowest floor of the 
manufactured home to be at or above the 100 year return frequency flood 
elevation for the purpose of not violating any statutory requirements. 
Accordingly, the waiver permits the placement of FHA mortgage insurance 
on manufactured homes sited in the State of Louisiana, in flood 
designated areas with the lowest floor at or above the 100 year return 
frequency, and otherwise conforming with HUD requirements for Title II, 
Section 203(b) financing of manufactured homes.
    Contact: Joanne B. Kuczma, Director, Home Mortgage Insurance 
Division, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 9266, Washington, DC 20410-8000, 
telephone number 202-708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Pinelake Village Cooperative, Ann Arbor, 
Michigan--FHA Project Number 044-44290. The property is a 129-unit 
cooperative which requires renovations to continue as a well-maintained 
source of affordable housing. Refinancing will provide sufficient funds 
for needed capital improvements at the property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 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: July 21, 2008.
    Reason Waived: This waiver was granted to preserve this much needed 
affordable housing. Pinelake Village is a 129-unit Section 236 property 
with a flexible subsidy loan. Eighty one units receive Section 8 
project based rental assistance. Providing this waiver allowed the 
owner to prepay the existing mortgage, obtain financing to perform 
substantial rehabilitation of the property and allow the amortization 
of the flexible subsidy loan with the new mortgage.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: St. Patrick's Terrace, Oakland, California--FHA 
Project Number 121-44816. The owner/managing agent is requesting a 
deferral of the repayment of the Flexible Subsidy loan. Major 
rehabilitation is needed at the project.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 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

[[Page 75743]]

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: August 27, 2008.
    Reason Waived: The property owner was granted the waiver of the 
regulations which required repayment of the operating assistance loans 
in order to defer repayment of the Flexible Subsidy loan and preserve 
the long-term affordability of the project. This waiver allowed the 
property to undergo major rehabilitation. The owner is to refinance the 
insured mortgage with a non-insured lender, and amortize the flexible 
subsidy debt over the new mortgage term. A new Use Agreement is to be 
recorded in first position ahead of any new financing and rents will be 
affordable for 55 years.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: St. Andrew's Manor, Oakland, California--FHA 
Project Number 121-44818. The owner/managing agent is requesting a 
deferral of the repayment of the Flexible Subsidy loan. Major 
rehabilitation is needed at the project.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 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: August 28, 2008.
    Reason Waived: The property owner was granted the waiver of the 
regulations which required repayment of the operating assistance loans 
in order to defer repayment of the Flexible Subsidy loan and preserve 
the long-term affordability of the project. This waiver allowed the 
property to undergo major rehabilitation. The owner proposes to 
refinance the insured mortgage with a non-insured lender, and amortize 
the flexible subsidy debt over the new mortgage term. A new Use 
Agreement is to be recorded in first position ahead of any new 
financing and rents will be affordable for 55 years.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 266.638(d).
    Project/Activity: Villa St. Maurice, New Orleans, LA--FHA Project 
Number 064-98016, Villa Additions, New Orleans, LA--FHA Project Number 
064-98017, St. Bernard I--Meraux, LA--FHA Project Number 064-98012, St. 
Bernard II--Meraux, LA--FHA Project Number 064-98013, St. Martin 
Manor--FHA Project Number 064-98014, and St. Martin House--FHA Project 
Number 064-98015. The projects were destroyed by Hurricane Katrina in 
August 2005. HUD agreed to allow an 18-month suspension of debenture 
interest accrual.
    Nature of Requirement: Under HUD's regulation at 24 CFR 266.638(d), 
the housing finance agency (HFA) debenture shall bear interest at HUD's 
published debenture at the earlier of initial endorsement or final 
endorsement. Interest shall be due and payable annually on the 
anniversary date of the initial claim payment and on the date of 
redemption when redeemed or canceled before an anniversary date. 
Interest shall be computed on the full face amount of the HFA debenture 
through the term of the HFA debenture.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 19, 2008.
    Reason Waived: This waiver allowed full refinancing for the 
reconstruction of the projects. The owner's history of successfully 
settling Risk Sharing claims on 5 properties resulted in the full 
redemption of the Louisiana HFA debentures. This included currently 
accrued interest and will assure concrete plans are in place to 
refinance the remaining 6 properties as well.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-7000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Kimberly Parkway (a/k/a Marsh Run) Columbus, 
Ohio--FHA Project Number 043-35369. The insured loan on this property 
went into default and was assigned to HUD in August 2007. Waiver of 
this regulation would allow the Columbus Metropolitan Housing Authority 
to purchase this defaulted unsubsidized mortgage loan on a 
noncompetitive basis.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
sale of Kimberly Parkway and to prevent foreclosure of the property. 
Foreclosure would have terminated the free lunch program, child care 
for working parents, job training and search services and other 
services at the project, causing a hardship for the tenants who live in 
this economically distressed area of Columbus. Seventy percent of 
residents are very low-income. All residents receive rental assistance 
through Section 8 housing vouchers. The assistance will continue after 
the mortgage is sold to the Columbus Metropolitan Housing Authority.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-7000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Bethany Homes, New Orleans, Louisiana--FHA 
Project Number 064-43051. The project is unsubsidized and in default. 
Since the Department seeks to sell the note, a waiver of this 
regulation was requested by the Fort Worth Multifamily Hub.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are

[[Page 75744]]

current and secured by subsidized projects, provided such loans are 
sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Bethany Homes and to prevent foreclosure of the 
property. Waiver of this requirement would produce budget savings by 
generating proceeds to the U.S. Treasury and reduce the number of loans 
in the HUD-held mortgage inventory.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Malta Square, New Orleans, Louisiana--FHA Project 
Number 064-43079. This property is an independent care and assisted 
living facility which has been vacant since September 2005 when it was 
flooded during Hurricane Katrina.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Malta Square and prevent foreclosure of the 
property. Waiver of this requirement would produce budget savings by 
generating proceeds to the U.S. Treasury and reduce the number of loans 
in the HUD-held mortgage inventory.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 5.655(b)(5).
    Project/Activity: Tumbleweed Apartments, Lyons, Kansas--FHA Project 
Number 102-35164V and W. This 16-unit project is experiencing 
difficulty in leasing units to qualified families of two or more 
individuals.
    Nature of Requirement: Section 5.655(b)(5) of HUD's regulations in 
24 CFR part 5 applies to Section 8 project based assistance program 
requirements for selection for occupancy of a project or unit. Housing 
assistance limitation for single persons--a single person who is not an 
elderly or displaced person, a person with disabilities, or the 
remaining member of a resident family may not be provided a housing 
unit with two or more bedrooms.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 22, 2008.
    Reason Waived: This waiver was granted because of the project's 
difficulty in locating potential qualified occupants. Management had 
exhausted all reasonable marketing efforts, including advertising 
locally continually in the Lyons Daily News, as well as distributing 
flyers locally. This waiver allowed admission of single adults who are 
otherwise eligible and qualified for occupancy in these two-bedroom 
units. The owner will be able to maintain full occupancy and the 
project will not fail.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lakeview Properties, Baltimore, MD, Project 
Number: 052-HD071/MD06-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Carlsbad Senior Community, Carlsbad, NM, Project 
Number: 116-EE040/NM16-S061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    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 GrantAdministration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Deneki House, Wasilla, AK, Project Number: 176-
HD028/AK06-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Princeton Manor, Florida City, FL, Project 
Number: 066-EE103/FL29-S041-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 18, 2008.
    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

[[Page 75745]]

 Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6130, Washington, DC 20410-8000, 
telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Golden Age Apartments, Pine Bluff, AR, Project 
Number: 082-EE177/AR37-S061-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 28, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Penelope 35-II Apartments, Bloomington, MN, 
Project Number: 092-EE127/MN46-S071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 30, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Cornerstone Homes, New Orleans, LA, Project 
Number: 064-EE167/LA48-S041-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 5, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Waynedale II Apartment, Fort Wayne, IN, Project 
Number: 073-HD084/IN36-Q071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 6, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hawkins House Apartments, Lake Stevens, WA, 
Project Number: 127-EE059/WA19-S061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 7, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Bayou LaBatre VOA Elderly Housing, Incorporated, 
Bayou LaBatre, AL, Project Number: 062-EE082/AL09-S061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Vista Gallinas Apartments, Las Vegas, NM, Project 
Number: 116-HD030/NM16-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 13, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: TELACU-El Paseo, Riverside, CA, Project Number: 
143-EE064/CA43-Q061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 14, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.


[[Page 75746]]


     Regulation: 24 CFR 891.100(d).
    Project/Activity: Community Homes of Bismarck, Bismarck, ND, 
Project Number: 094-HD015/ND99-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 15, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Rockland Street Elderly Housing, Roxbury, MA, 
Project Number: 023-EE206/MA06-S061-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 16, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Ken-Crest PA 2006, Philadelphia, PA, Project 
Number: 034-HD093/PA26-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Oasis de Amor, Patillas, PR, Project Number: 056-
HD032/RQ46-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

      Regulation: 24 CFR 891.100(d).
    Project/Activity: La Casa de Dona Here, Mayaguez, PR, Project 
Number: 056-HD028/RQ46-Q051-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Community Options Eleanor, Howell Twp, NJ, 
Project Number: 031-HD148/NJ39-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 26, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Golden Plains II, Garden City, KS, Project 
Number: 102-HD039/KS16-Q071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 4, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: SHDC No. 12, Kailua Kona, HI, Project Number: 
140-HD030/HI10-Q041-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 5, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lovejoy Road, North Andover, MA, Project Number: 
023-HD220/MA06-Q051-001.

[[Page 75747]]

    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 8, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Valley Affordable, Warwick, RI, Project Number: 
016-EE059/RI43-S051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 9, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Leonia Retirement Housing II, Leonia, NJ, Project 
Number: 031-EE069/NJ39-S061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 9, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI-Worthington, Worthington, MN, Project Number: 
092-EE125/MN46-S071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 9, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Gracemont House, Baytown, TX, Project Number: 
114-HD038/TX24-Q071-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 10, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: South Central Industries, Shawnee, OK, Project 
Number: 117-HD038/OK56-Q071-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 10, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Toby House VII, Phoenix, AZ, Project Number: 123-
HD039/AZ20-Q051-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 12, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Henderson Supportive Housing, Henderson, NV, 
Project Number: 125-HD074/NV25-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 12, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Silvercrest Senior Housing, Briarwood, NY, 
Project Number: 012-EE349/NY36-S061-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.

[[Page 75748]]

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 23, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Vista Gallinas, Las Vegas, NM, Project Number: 
116-HD030/NM16-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 23, 2008.
    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 7th Street, SW., Washington, DC 20410-8000, 
telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: CSPNJ Homes 2006, Pennsville, NJ, Project Number: 
035-HD064/NJ39-Q061-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 23, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Margaret B. Mack Apartments, New Haven, CT, 
Project Number: 017-HD038/CT26-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 24, 2008.
    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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Mary's Senior Residence, Dumont, NJ, Project 
Number: 031-EE067/NY39-S061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    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 7th Street, SW., Washington, DC 20410-8000, 
telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Middle Street Residence, Amesbury, MA, Project 
Number: 023-HD199/MA06-Q031-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 1, 2008.
    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. 
The sponsor/owner required additional time to find a suitable site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 7th Street, SW., Washington, DC 20410-8000, telephone number 202-
708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165
    Project/Activity: Ottawa Oak Harbor, Oak Harbor, OH, Project 
Number: 042-EE194/OH12-S051-008.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2008.
    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. 
The sponsor/owner required additional time to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Berkshire County ARC-Lanesborough, Lanesborough, 
MA, Project Number: 023-HD224/MA06-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 13, 2008.

[[Page 75749]]

    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. 
The sponsor/owner required additional time to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Transitional Services for New York, New York, NY, 
Project Number: 012-EE128/NY36-Q051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 15, 2008.
    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. 
The sponsor/owner required additional time to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Roncalli Apartments, Augusta, ME, Project Number: 
024-EE085/ME36-S041-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 15, 2008.
    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. 
The sponsor/owner required additional time to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Shillman House, Framingham, MA, Project Number: 
023-EE187/MA06-S051-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 19, 2008.
    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. 
Additional time was needed for the firm commitment application to be 
processed and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: TRC Senior Village I, Chicago, IL, Project 
Number: 071-EE212/IL06-S051-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    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. 
Additional time was needed for the firm commitment application to be 
processed and for the project to achieve an initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
    Project/Activity: Independence Manor III, Braintree, MA, Project 
Number: 023-EE169/MA06-S031-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 18 months from the date of 
issuance with limited exceptions up to 24 months, as approved by HUD on 
a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 10, 2008.
    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. 
The sponsor/owner required additional time to resolve site issues.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.
     Regulation: 24 CFR 891.130(b).
    Project/Activity: Roncalli Apartments, Augusta, ME, Project Number: 
024-EE085/ME36-S041-003.
    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: September 17, 2008.
    Reason Waived: All three entities have five common board members 
and fall under the umbrella of the Catholic

[[Page 75750]]

Church and meet the HUD requirements.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: TBD, Pittsfield, MA, Project Number: 023-HD214/
MA06-Q041-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 5, 2008.
    Reason Waived: Additional time was needed for the firm commitment 
application to be processed and for the project to achieve an initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Claremont House, Mt. Vernon, NY, Project Number: 
012-HD135/NY36-Q011-007.
    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: August 5, 2008.
    Reason Waived: The sponsor/owner needed additional time to resolve 
issues with the City of Mt. Vernon, NY regarding its tax exemption 
status.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Lovejoy Road, North Andover, MA, Project Number: 
023-HD220/MA06-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: August 5, 2008.
    Reason Waived: The sponsor/owner needed additional time for an 
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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Mulberry Manor, Wayne, West Virginia, Project 
Number: 045-HD041/WV15-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: August 7, 2008.
    Reason Waived: Additional time was needed 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Easter Seals-Goodwill, Sheridan, WY, Project 
Number: 109-HD014/WY99-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: August 13, 2008.
    Reason Waived: The sponsor/owner needed additional time to resolve 
site issues 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Denver VOA Lawrence Street, Denver, CO, Project 
Number: 101-HD040/CO99-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: August 19, 2008.
    Reason Waived: Additional time was needed 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Morning Star Housing, Moline, IL, Project Number: 
071-HD156/IL06-Q061-007.
    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: September 4, 2008.
    Reason Waived: Additional time was needed to process 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Morning Star Senior Residences, Moline, IL, 
Project Number: 071-EE216/IL06-S051-011.
    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: September 9, 2008.
    Reason Waived: The owner/sponsor needed additional time to resubmit

[[Page 75751]]

exhibits for the site change 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Center of Hope, Southbridge, MA, Project Number: 
023-HD221/MA06-Q051-002.
    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: September 18, 2008.
    Reason Waived: The sponsor/owner needed additional time to reach an 
agreement with the state architect concerning the resigning of the 
configuration of the project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Laurel Place, West Hollywood, CA, Project Number: 
122-EE187/CA16-S031-003.
    Nature of Requirement: Section 891.165 provides that the duration 
of the fund reservation of the capital advance is 18 months from the 
date of issuance with limited exceptions up to 24 months, as approved 
by HUD on a case-by-case basis.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 23, 2008.
    Reason Waived: The sponsor/owner needed additional time to resolve 
opposition and litigation issues and for the project to achieve an 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Academy Place, Gowanda, NY, Project Number: 014-
EE253/NY06-Q051-009.
    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: September 30, 2008.
    Reason Waived: Additional time was needed for the firm commitment 
to be issued and for the project to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165.
    Project/Activity: Red Lake Supportive Housing, Red Lake, MN, 
Project Number: 092-HD069/MN46-Q061-002.
    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: September 30, 2008.
    Reason Waived: The sponsor/owner needed additional time to complete 
submission of the firm application 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 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.165 and 24 CFR 891.805 and 
891.830(b) and 891.830(c)(4).
    Project/Activity: Montclair Senior Apartments, Montclair, CA, 
Project Number: 143-EE062/CA43-S061-001.
    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. Section 891.805 requires that the 
general partner in the for-profit limitied partnership be a Private 
Nonprofit Organization. Section 891.830(b) requires that capital 
advance funds be drawn down only in an approved ratio to other funds in 
accordance with a drawndown 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. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 8, 2008.
    Reason Waived: Additional time was needed for the firm commitment 
to be issued and for the project to be initially/finally closed. The 
proposed sole nonprofit general patner of the for-profit mixed finance 
owner meets the statutoy definition. Also, the other funding sources 
needed to be disbursed faster than a pro rata disbursement would allow, 
and the capital advance funds will only be used to pay off the portion 
of the construction financing that strictly relate to capital advance 
eligible costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: Cornerstone Homes, New Orleans, LA, Project 
Number: 064-EE167/LA48-S041-005.
    Nature of Requirement: Section 891.205 requires Section 202 project 
owners to have tax exemption status under Section 501(c)(3) or (c)(4) 
of the Internal Revenue Code.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2008.
    Reason Waived: The required tax-exemption ruling from IRS was to be 
issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.205.
    Project/Activity: Silvercrest Senior Housing, Briarwood, NY, 
Project Number: 012-EE349/NY36-S061-005.
    Nature of Requirement: Section 891.205 requires Section 202 project 
owners to have tax exemption status under Section 501(c)(3) or (c)(4) 
of the Internal Revenue Code.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    Reason Waived: The required tax-exemption ruling from IRS was to be

[[Page 75752]]

issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.305.
    Project/Activity: Community Options Eleanor, Howell Twp, NJ, 
Project Number: 031-HD148/NJ39-Q061-001.
    Nature of Requirement: Section 891.305 requires Section 811 project 
owners to have tax-exempt status under Section 501(c)(3) of the 
Internal Revenue Code.
    Granted by: Brian D. Montgomergy, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 9, 2008.
    Reason Waived: The required tax-exemption ruling from IRS was to be 
issued, but not in time for the scheduled initial closing of the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-798-3000.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Omaha Care Senior Living, Macy, Nebraska--FHA 
Project Number 103-EE030. The property has been unable to achieve 
sustaining occupancy. The project owner is requesting permission to 
admit over-income applicants and lower the age limit to age 55.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 7, 2008.
    Reason Waived: This regulatory waiver allowed the owner to 
stabilize the project's current financial status and prevent 
foreclosure. Waiver of this regulation permitted admission of 
applicants who meet the definition of low-income, near elderly, 
enabling them to rent up the 13 vacant units currently existing at the 
property and develop a waiting list. First priority is to be given to 
all qualified eligible applicants who meet the Section 202 very low-
income guidelines.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-7000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Cypress Knoll Apartments, Cave City, Arkansas--
FHA Project Number 082-EE025. The owner/managing agent has requested 
waiver of the very low-income and elderly restriction to permit 
admission of lower-income, near-elderly applicants to alleviate current 
vacancy problems at the property.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 14, 2008.
    Reason Waived: This regulatory waiver was granted to assist the 
property with its current vacancy problems by allowing the admission of 
near-elderly low-income persons. The project experienced 19% vacancy 
rate and exhausted cash reserves to support the operation of the 
property. The owner/managing agent continued to aggressively market the 
property with local housing authorities and news media without success. 
Waiving the very low-income and elderly restriction allowed the owner/
managing agent flexibility in renting vacant units, thereby allowing 
the project to operate successfully and achieve full occupancy so that 
the project will not fail. First priority is to be given to all 
qualified applicants who meet the Section 202 very low-income 
guidelines.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Washington, DC 20410-7000, telephone number 202-708-3730.

     Regulation: 24 CFR 891.410(c)
    Project/Activity: Maplewood Estates, Stockton, Missouri--FHA 
Project Number 084-EE061. The project is experiencing difficulty 
leasing units to the very low-income elderly.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 25, 2008.
    Reason Waived: The property had a 41% vacancy rate with no eligible 
applicants on the waiting list. This waiver allowed the managing agent 
to lease units to very low-income, near elderly applicants when there 
are no very low-income elderly applicants on the waiting list. The 
waiver allowed stabilization of the project's current financial status 
and prevent foreclosure of the property.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Crestview Senior Housing, Gothenburg, Nebraska--
FHA

[[Page 75753]]

Project Number 103-EE010. This property is experiencing difficulty in 
maintaining full occupancy. The owner/managing agent has requested 
waiver of the age and income requirements to assist in renting up 
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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 30, 2008.
    Reason Waived: Waiver of this requirement allowed the owner/
managing agent flexibility in renting vacant units. Despite aggressive 
outreach efforts, 4 units were vacant because of insufficient demand to 
fill the units with very low-income elderly applicants. Granting this 
waiver allowed admission of low-income, near elderly applicants thereby 
stabilizing 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 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Doris Kohler Villa, Phillips, Wisconsin--FHA 
Project Number 075-EE102. The property is experiencing vacancy 
problems. The owner has requested waiver of the age and income 
requirement for this Supportive Housing for the Elderly project.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 5, 2008.
    Reason Waived: Waiver of this regulation allowed the owner/managing 
agent to rent vacant units to applicants who are low-income and near-
elderly. The owner/managing agent aggressively marketed the property 
with local housing authorities, news media, churches and various civic 
organizations. The property had 5 vacant units and no waiting list. 
Providing for a waiver of this requirement allowed the project to 
stabilize its current financial status and prevented foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Pioneer Place IV, Poynette, Wisconsin--FHA 
Project Number 075-EE021. Pioneer Place is a Supportive Housing for the 
Elderly project that is experiencing vacancy problems. Waiver of the 
age and income regulations is needed to improve occupancy and 
maintenance of the property.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements was granted to permit admission of low-income, near 
elderly applicants. The owner/managing agent was unable to attract very 
low-income elderly persons despite aggressive marketing efforts with 
the local Central Wisconsin Action Council and news media. The property 
had 6 vacant units and no waiting list. This waiver allowed flexibility 
in renting units and allowed the project to operate successfully and 
achieve full occupancy.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Ovidio Lamoso Coira, Ciales, Puerto Rico--FHA 
Project Number 056-EE007. This property is located in a rural area, and 
is experiencing problems in renting its 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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 10, 2008.
    Reason Waived: Waiver of the regulation governing age and income 
requirements was granted to alleviate the vacancy problems existing at 
the property. The project is located in a rural area and is a high rise 
with 93 assisted units. Despite the owner's

[[Page 75754]]

marketing efforts, the level of occupancy remained problematic. There 
were 10 vacant units with no waiting list but the owner qualified 15 
low-income elderly families. This waiver allowed the project to rent to 
those qualified families, remain viable and to achieve full occupancy 
allowing the project to operate successfully.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Joseph J. Vinopal Villa, Almena, Wisconsin--FHA 
Project Number 075-EE041. The project is experiencing difficulty 
leasing units to the very low-income elderly. The project is located in 
a rural area with few conveniences for senior citizens.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements was granted to permit admission of low-income, near 
elderly applicants. The owner/managing agent was unable to attract very 
low-income elderly persons despite aggressive marketing efforts through 
the local Housing Authority. The property currently has 8 units with 2 
vacancies. There was insufficient demand to fill units with very low-
income elderly applicants. This waiver allowed flexibility in renting 
units and allowed the project to achieve full occupancy and operate 
successfully.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Tom Woodman Villa, Richland Center, Wisconsin--
FHA Project Number 075-EE126. The project is experiencing difficulty in 
maintaining sustaining occupancy.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements, to allow the admission of near-elderly low-income 
persons, was granted to assist the project in reaching full occupancy. 
The management agent extensively marketed the property through 
advertising, open houses and through various civic organizations. 
However, there was little demand for these units, with only 5 of 19 
units being occupied since the property opened in August 2007. The 
project could not continue to operate at this occupancy level. 
Providing this waiver allowed the owner/managing agent to stabilize the 
project's current financial status and prevented foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Greenridge Place Apartments, Meeker, Oklahoma--
FHA Project Number 117-EE023. The property was unable to maintain 
sustaining occupancy.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements, to allow the admission of near-elderly low-income 
persons, was granted to assist the project in obtaining full occupancy. 
The project is located in a small rural community with a population of 
978. There is no grocery store or pharmacy so residents travel 
approximately 15 miles to Shawnee, Oklahoma, for basic needs. The 
management agent marketed the property through advertising in 
neighboring cities to no avail. The property had four vacant units with 
two very low-income applicants on the waiting list. Granting this 
waiver allowed the owner flexibility in renting vacant units and to 
achieve full occupancy so the project would not fail.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Syringa Plaza, Burley, Idaho--FHA Project Number 
124-EE005. The property is experiencing high vacancy rates.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. Section 
891.410 relates to

[[Page 75755]]

admission of families to projects for elderly or handicapped families 
that receive reservations under Section 202 of the Housing Act of 1959, 
as amended by Section 801 of the National Affordable Housing Act of 
1990. Section 891.410(c) limits occupancy to very low-income elderly 
persons. Section 891.205 defines elderly as ``a household composed of 
one or more persons at least one of whom is 62 years of age or more at 
the time of initial occupancy.''
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 25, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements, to allow the admission of near-elderly low-income 
persons, was granted to assist the project in obtaining full occupancy. 
Syringa Plaza conducted extensive marketing outreach, including 
advertising, letters to churches, city officers, senior centers and the 
Chamber of Commerce and service area providers for seniors in the 
county to no avail. The property had 10 vacant units. Providing this 
waiver allowed the owner/managing agent to stabilize the project's 
current financial status and prevented foreclosure.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.410(c).
    Project/Activity: Main Creek Villa, Conrath, Wisconsin--FHA Project 
Number 075-EE071. The project is experiencing difficulty leasing units 
to the very low-income elderly. The project is located in a rural area.
    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, as amended 
by Section 801 of the National Affordable Housing Act of 1990. Section 
891.410(c) limits occupancy to very low-income elderly persons. 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, as amended by Section 801 of the National 
Affordable Housing Act of 1990. Section 891.410(c) limits occupancy to 
very low-income elderly persons. Section 891.205 defines elderly as ``a 
household composed of one or more persons at least one of whom is 62 
years of age or more at the time of initial occupancy.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 26, 2008.
    Reason Waived: Waiver of the regulations governing age and income 
requirements, to allow the admission of near-elderly low-income 
persons, was granted to assist the project in obtaining full occupancy. 
Despite aggressive marketing efforts, the property continued to 
experience vacancy issues. The market analysis indicated there was 
insufficient demand to fill these units. Providing waiver of this 
regulation assisted the owner/managing agent in leasing vacant units 
and to achieve full occupancy so the project would not fail.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.
     Regulation: 24 CFR 891.805.
    Project/Activity: Newport Senior Housing, Newport, VT, Project 
Number: 024-EE101/VT36-S061-002.
    Nature of Requirement: Section 891.805 requires that the general 
partner in the for-profit limitied partnership be a Private Nonprofit 
Organization.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 8, 2008.
    Reason Waived: The proposed sole nonprofit general partner of the 
for-profit mixed finance owner met the statutory definition.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-798-3000.

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

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

     Regulation: 24 CFR 5.801
    Project/Activity: Miami-Dade Housing Authority, (FL005), Miami, FL.
    Nature of Requirement: Section 5.801 of HUD's regulations in 24 CFR 
part 5 establishes certain reporting compliance dates. The audited 
financial statements are required to be submitted to the Real Estate 
Assessment Center (REAC) no later than nine months after the fiscal 
year end (FYE) of the housing authority (HA), in accordance with the 
Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 16, 2008.
    Reason Waived: The HA requested a waiver of its audited financial 
submission due date for the FYE September 30, 2007. The HA submitted 
that one of the terms of the settlement agreement between the 
Department and the HA was that the FY 2006 audit be re-performed. There 
had been a number of issues with the FY 2006 re-audits, which had only 
delayed the completion of the audit, but also delayed the completion of 
the FY 2007 audit. The waiver granted an extension to the audit 
deadline from June 30, 2008 to September 30, 2008.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801
    Project/Activity: Housing Authority of the City of Tallassee, 
(AL172), Tallassee, AL.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 16, 2008.
    Reason Waived: The HA requested a waiver of its audited financial 
submission due date for FYE June 30, 2007. The HA submitted that its 
audited financial submission was twice rejected by REAC, and that the 
HA made the first correction and that the second rejection e-mail was 
not received by the HA. Consequently, the electronic submission was not 
received by REAC by the resubmission due date that resulted in the HA's 
receiving a Late Presumptive Failure score of zero. The waiver granted 
the additional time to submit its audited financial data.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801.

[[Page 75756]]

    Project/Activity: City of Platteville Housing Division, (WI208), 
Platteville, WI.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 21, 2008.
    Reason Waived: The HA, a section 8 only entity, requested a waiver 
of the audited financial data reporting requirements due date for FYE 
September 30, 2007. The HA submitted that the City of Platteville's 
(Primary Government) FYE is December 31, 2007, and the HA's 
(Platteville Housing Division) FYE is September 30, 2007. The different 
FYEs resulted in a difference between the audited due dates. The waiver 
granted the HA to submit the audited data as soon as it is completed by 
the City of Platteville's Independent Accountant but no later than 
September 30, 2008. The HA was advised to contact their field office to 
change their FYE to coincide with the FYE of the Primary Government 
(City of Platteville).
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801.
    Project /Activity: Housing Authority of Travis County, (TX480), 
Austin, TX.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 21, 2008.
    Reason Waived: The HA requested a waiver of its audited financial 
submission due date for FYE June 30, 2007. The HA submitted that its 
audited financial submission was twice rejected by the REAC, and that 
the corrections were made for the first rejection. For the second 
rejection, corrections were made, however, the HA failed to ``click'' 
the submit button. As a result, the submission was not electronically 
submitted to the REAC by the resubmission due date and the HA received 
a Late Presumptive Failure (LPF) score of zero. The HA was granted a 
waiver of the resubmission due date. Additionally, the REAC's records 
indicate that the FY's 2005 and 2006 audited financial submissions have 
not been completed. The HA was advised to submit FYE 2005 and 2006 
audited financial information within 30 days of receipt of the waiver 
letter.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Fort Stockton Housing Authority, (TX500), Fort 
Stockton, TX.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 4, 2008.
    Reason Waived: The HA, a section 8 only entity, requested 
additional time to submit its FYE September 30, 2007, audited financial 
submission. The HA submitted that the City of Fort Stockton's (Primary 
Government) auditor resigned prior to the audit being completed. The 
city retained the services of another firm. The HA was granted the 
waiver and was required to submit its audited financial date for FYE 
September 30, 2007, as soon as it is completed by the City of Fort 
Stockton's Independent Public Accountant.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Lancaster Housing Agency, (TX437), Lancaster, TX.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 6, 2008.
    Reason Waived: The HA, a Section 8 only entity, requested 
additional time to submit their FYE September 30, 2007, audited data. 
The HA submitted that it recently discovered evidence of fraudulent 
activity by a former employee that impacted the financial statements. 
The HA worked with local law enforcement and HUD's Office of Inspector 
General to quantify the loss and properly adjust the financial 
statements. The HA was granted a waiver that allowed it to submit the 
audited financial data as soon as the fraud investigation is completed.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Arizona Department of Housing, (AZ901), Phoenix, 
AZ.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 13, 2008.
    Reason Waived: The HA requested additional time to submit their FYE 
June 30, 2007, audit. Specifically, the HA request dated April 25, 
2008, was approved as a result of a Single Audit extension to June 30, 
2008, from the United States Department of Health and Human Services, 
the cognizant audit agency for the State of Arizona. The State of 
Arizona subsequently received another extension until August 31, 2008, 
from the cognizant audit agency. The HA was granted the waiver to 
submit its audited financial data for FYE June 30, 2007, by no later 
than September 12, 2008.

    Contact: Myra E. Newbill, Program Manager, NASS, Real Estate 
Assessment

[[Page 75757]]

Center, Office of Public and Indian Housing, Department of Housing and 
Urban Development, 550 12th Street, SW., Suite 100, Washington, DC 
20410-5000, telephone number 202-475-8988.

     Regulation: 24 CFR 5.801.
    Project/Activity: Rockville Center Housing Authority, (NY100), 
Rockville Center, NY.
    Nature of Requirement: The regulation establishes certain reporting 
compliance dates. The audited financial statements are required to be 
submitted to the Real Estate Assessment Center (REAC) no later than 
nine months after the fiscal year end (FYE) of the housing authority 
(HA), in accordance with the Single Audit Act and OMB Circular A-133.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 18, 2008.
    Reason Waived: The HA submitted its audited financial submission 
for FYE September 30, 2007, and it was rejected by REAC once on May 7, 
2008, and again on May 29, 2008. The HA advised that the corrections 
were made on May 13, 2008, for the first rejection and that a minor 
rejection issue was overlooked and not corrected. The HA's financial 
submission was again rejected and the HA failed to make the necessary 
correction by the due date. The HA received a Late Presumptive Failure 
(LPF) score of zero. The waiver granted the HA a request to invalidate 
the LPF and resubmission of the audited financial data.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 902.20
    Project/Activity: Housing Authority of the City of Fort Lauderdale, 
(FL010), Fort Lauderdale, FL.
    Nature of Requirement: The objective of 24 CFR 902.20 is to 
determine whether a housing authority (HA) is meeting the standard of 
decent, safe, sanitary, and in good repair. The Real Estate Assessment 
Center (REAC) provides for an independent physical inspection of a HA's 
property of properties that includes a statistically valid sample of 
the units.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 1, 2008.
    Reason Waived: The HA was granted a waiver of the physical 
inspection because of a fire that occurred on March 10, 2008, that 
resulted in damage to units, and unit doors and extensive water damage. 
Because the circumstances surrounding the waiver request were unusual 
and beyond the control of the HA, the HA was waived from PASS 
requirements for fiscal year end December 31, 2007.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 902.20 and 24 CFR 902.60 (d) and (e)
    Project/Activity: Housing Authority of the City of Bay St. Louis, 
(MS064), Bay St. Louis, MS.
    Nature of Requirement: The objective 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. 
Management operations certification is required to be submitted within 
two months after the public housing agency fiscal year end. The 
Resident Service and Satisfaction Indicator is performed through the 
use of a survey. The HA is also responsible for completing the 
implementation plan activities and developing a follow-up plan.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 2, 2008.
    Reason Waived: The Housing Authority of the City of Bay St. Louis 
suffered catastrophic losses as a result of Hurricane Katrina resulting 
in 100% loss of its housing stock. The losses had a devastating effect 
on the stability of the HA. The circumstances surrounding the waiver of 
these PHAS indicators for fiscal year ending December 31, 2008, were 
beyond the HA control.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 902.20, and 24 CFR 902.60(d) and (e).
    Project/Activity: Delray Beach Housing Authority, (FL083), Delray 
Beach, FL.
    Nature of Requirement: The objective 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. 
Management operations certification is required to be submitted within 
two months after the public housing agency fiscal year end. The 
Resident Service and Satisfaction Indicator is performed through the 
use of a survey. The HA is also responsible for completing the 
implementation plan activities and developing a follow-up plan.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 26, 2008.
    Reason Waived: The Delray Beach Housing Authority (HA) requested 
and was granted a waiver of the three Public Housing Assessment System 
(PHAS) Indicators for fiscal years ending March 31, 2007, and March 31, 
2008, because of the destruction caused by Hurricane Wilma in October 
2005 to the Carver Estates development. The Carver Estates was the only 
development in the HA's inventory and it has been vacant since November 
2005. The residents were issued Tenant Protection Vouchers and were 
relocated in accordance with the Uniform Relocation Act. The units are 
expected to be totally demolished.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 902.23(a); 24 CFR 902.43; and 24 CFR 
902.52.
    Project/Activity: Waveland Housing Authority, (MS101), Waveland, 
MS.
    Nature of Requirement: The referenced regulations establish 
requirements for (1) annual inspections (2) annual certification of 
management operations and (3) resident satisfaction surveys.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 3, 2008.
    Reason Waived: The waiver exempted the HA from physical inspections 
and submission of the management operations certification and resident 
satisfaction survey under the Public Housing Assessment System (PHAS) 
for fiscal year ending June 30, 2008, because the HA suffered 
catastrophic losses as result of Hurricane Katrina. The losses included 
100% loss of housing stock. Further, the losses had a

[[Page 75758]]

devastating effect on the stability of the HA that precludes the HA 
from meeting the PHAS requirements. The circumstances surrounding the 
waiver of these PHAS indicators were beyond the HA control.
    Contact: Myra E. Newbill, 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 number 202-475-8988.

     Regulation: 24 CFR 902.60(d) and (e).
    Project/Activity: West Palm Beach Housing Authority, (FL009), West 
Palm Beach, FL.
    Nature of Requirement: The Management operations certification is 
required to be submitted to the Real Estate Assessment Center (REAC) 
within two months after the public housing agency fiscal year end 
(FYE). The Resident Service and Satisfaction Indicator is performed 
through the use of a survey. The Housing Authority (HA) is also 
responsible for completing the implementation plan activities and 
developing a follow-up plan.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 1, 2008.
    Reason Waived: On July 26, 2007, the West Palm Beach Housing 
Authority received a waiver from submitting their management operations 
certification and resident satisfaction survey to the REAC for FYE 
March 31, 2007, in order to enable the HA to have more resources to 
concentrate on organizational, procedural and software changes to 
convert to asset management. This waiver granted an extension for FYE 
March 31, 2008.
    Contact: Gregory A. 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 100, Washington, DC 20410-5000, telephone number 202-475-8632.

     Regulation: 24 CFR 906.15
    Project/Activity: Montgomery County Housing Authority (MCHA), 
Norristown, PA purchase and renovation of an administrative office 
building using homeownership proceeds.
    Nature of Requirement: Section 906.15 of HUD's regulations in 24 
CFR part 906 provides that sales proceeds may be used in connection 
with low-income families at the discretion of the PHA and as stated in 
the HUD approved homeownership plan.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 15, 2008.
    Reason Waived: MCHA requested a waiver of the applicable federal 
regulation to the extent that HUD determined that regulation prohibits 
MCHA from using homeownership proceeds to acquire and renovate an 
administrative office building. In its approved homeownership plan, 
MCHA did not include the purchase and renovation of an administrative 
office building as a use of proceeds. HUD initially found that MCHA's 
use of proceeds to purchase and renovate the administrative office 
building was not a permissible use of proceeds under 24 CFR 906.15. HUD 
subsequently determined that good cause exists based on accessibility, 
coordination of services and cost savings to allow MCHA to use proceeds 
from its approved homeownership plan to purchase, renovate, and now 
operate an administrative office building.
    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 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone number 202-402-4181.

     Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Housing Authority of Fulton County's (HAFC's), 
Georgia, Mixed-Finance Rental Project.
    Nature of Requirement: Section 941.606(n)(1)(ii)(B) of HUD's 
regulation in 24 CFR part 941 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing
    Date Granted: July 3, 2008.
    Reason Waived: HAFC submitted a certification by an independent 
third-party construction cost estimator and HUD reviewed the 
independent cost estimates and related budgets. HAFC demonstrated that 
the construction costs are reasonable and are within applicable HUD 
cost limits.
    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 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone number 202-402-4181.

     Regulation: 24 CFR 941.606(n)(l)(ii)(B).
    Project/Activity: Detroit Housing Commission (DHC), MI, Gardenview 
Estates, Phase I Gardenview Estates HOPE VI.
    Nature of Requirement: Section 941.606(n)(1)(ii)(B) of HUD's 
regulation in 24 CFR part 941 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 11, 2008.
    Reason Waived: DHC procured Norstar Development USA to redevelop 
the former Herman Gardens public housing. On June 22, 2007, Norstar 
Building Corporation and O'Brien Construction Company, Inc. entered 
into a Cooperation Agreement. As O'Brien Construction costs were within 
range of that of the independent cost estimates, HUD's condition was 
satisfied.
    Contact: Dominique Blom, Deputy Assistant Secretary for the Office 
of Public Housing Investments, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone number 202 402-4181.

     Regulation: 24 CFR 941.606(n)(l)(ii)(B).
    Project/Activity: San Antonio Housing Authority (SAHA), TX, 
Victoria Courts, City View Apartments, Phase IIIA. HOPE VI grant:
    Nature of Requirement: Section 941.606(n)(1)(ii)(B) of HUD's 
regulation in 24 CFR part 941 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: Paula O. Blunt, General Assistant Deputy Secretary for 
Public and Indian Housing.
    Date Granted: September 17, 2008.
    Reason Waived: The San Antonio Housing Authority (SAHA) procured

[[Page 75759]]

Carleton Development as the master developer for the City View 
Apartments site. Carleton's construction costs were below independent 
cost estimates, satisfying HUD's condition.
    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 7th Street, SW., Room 
4130, Washington, DC 20140-5000, telephone number (202) 402-4181.

     Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
    Project/Activity: Adams Metropolitan Housing Authority (AMHA), 
Adams, OH. The AMHA requested a waiver of payment standard (PS) 
requirements.
    Nature of Requirement: Section 982.503(d) of HUD regulations in 24 
CFR part 982 provides that HUD may consider and approve a PHA's 
establishment of a payment standard lower than the basic range, but 
that HUD will not approve a lower payment standard if the family share 
for more than 40 percent of participants in the PHA's HCV program 
exceeds 30 percent of adjusted monthly income. Section 982.505(c)(3) 
provides that if the amount on the payment standard (PS) schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 11, 2008.
    Reason Waived: The waiver of these regulatory sections was granted 
because these cost-saving measures enabled the AMHA to both manage its 
Housing Choice Voucher program within allocated budget authority and 
avoid the termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
    Project Activity: Dodge County Housing Authority (DCHA), Dodge 
County, WI. The DCHA requested a waiver of payment standard (PS) 
requirements.
    Nature of Requirement: Section 982.503(d) of HUD regulations in 24 
CFR part 982 provides that HUD may consider and approve a PHA's 
establishment of a payment standard lower than the basic range, but 
that HUD will not approve a lower payment standard if the family share 
for more than 40 percent of participants in the PHA's HCV program 
exceeds 30 percent of adjusted monthly income. Section 982.505(c)(3) 
provides that if the amount on the payment standard (PS) schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 11, 2008.
    Reason Waived: The waiver of these regulatory sections was granted 
because these cost-saving measures enabled the DCHA to both manage its 
Housing Choice Voucher program within allocated budget authority and 
avoid the termination of HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Wadena Housing and Redevelopment Authority 
(WHRA), Wadena, MN. The WHRA requested a waiver of payment standard 
(PS) requirements.
    Nature of Requirement: Section 982.505(c)(3) of HUD's regulations 
in 24 CFR part 982 provides that if the amount on the PS schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 3, 2008.
    Reason Waived: The waiver was granted because this cost-saving 
measure enabled the WHRA to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: City of Virginia Beach Department of Housing and 
Neighborhood Preservation (CVB), Virginia Beach, VA. The CVB requested 
a waiver of payment standard (PS) requirements.
    Nature of Requirement: Section 982.505(c)(3) of HUD's regulations 
in 24 CFR part 982 provides that if the amount on the PS schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 11, 2008.
    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the CVB to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Shelby Metropolitan Housing Authority (SMHA), 
Shelby, OH. The SMHA requested a waiver of payment standard (PS) 
requirements.
    Nature of Requirement: Section 982.505(c)(3) of HUD's regulations 
in 24 CFR part 982 provides that if the amount on the PS schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 14, 2008.

[[Page 75760]]

    Reason Waived: The waiver was granted because this cost-saving 
measure would enable the SMHA to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Todd County Housing and Redevelopment Agency 
(TCHRA), Todd County, MN. The TCHRA requested a waiver of payment 
standard (PS) requirements.
    Nature of Requirement: Section 982.505(c)(3) of HUD's regulations 
in 24 CFR part 982 provides that if the amount on the PS schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 6, 2008.
    Reason Waived: The waiver was granted because this cost-saving 
measure enabled the TCHRA to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Housing Authority of the County of DeKalb (HACD), 
DeKalb, IL. The HACD requested a waiver of payment standard (PS) 
requirements.
    Nature of Requirement: Section 982.505(c)(3) of HUD's regulations 
in 24 CFR part 982 provides that if the amount on the PS schedule is 
decreased during the term of the HAP contract, the lower PS amount 
generally must be used to calculate the monthly HAP for the family 
beginning at the effective date of the family's second regular 
reexamination following the effective date of the decrease.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 4, 2008.
    Reason Waived: The waiver was granted because this cost-saving 
measure enabled the HACD to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the County of Los Angeles 
(HACoLA), Los Angeles County, CA. The HACoLA requested a waiver 
regarding exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 7, 2008.
    Reason Waived: The waiver was granted because the applicant, who is 
a person with severe depression and obsessive-compulsive disorder, 
needed to remain in her current unit to avoid exacerbating her 
illnesses. To provide a reasonable accommodation so that this applicant 
would pay no more than 40 percent of his adjusted income toward the 
family share, the HACoLA was allowed to approve an exception payment 
standard that exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Stockbridge Housing Authority (SHA), Stockbridge, 
MA. The SHA requested a waiver regarding exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 21, 2008.
    Reason Waived: The waiver was granted because the applicant, who is 
a person recovering from drug and alcohol addiction, required a room in 
a supportive housing group home that provided a clean and sober 
environment with supportive services. To provide a reasonable 
accommodation so that this participant would pay no more than 40 
percent of his adjusted income toward the family share, the SHA was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA), Los Angeles, CA. The HACLA requested a waiver regarding 
exception payment standards so that it could provide a reasonable 
accommodation to persons with disabilities.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 21, 2008.
    Reason Waived: The waiver was granted because the participant, who 
is an elderly person with cardiovascular and vision disabilities, would 
have significant hardship if required to move. She was paying 
approximately 85 percent of the family's adjusted income toward her 
share of the rent as a result of a large rent increase. To provide a

[[Page 75761]]

reasonable accommodation so that this participant would pay no more 
than 40 percent of her adjusted income toward the family share, the 
HACLA was allowed to approve an exception payment standard that 
exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA. The SFHA requested a waiver regarding exception payment 
standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 21, 2008.
    Reason Waived: The waiver was granted because the applicant is a 
disabled person who required a wheelchair-accessible unit and after a 
thorough housing search was only able to locate a unit that required an 
exception payment standard so that the applicant would pay no more than 
40 percent of her adjusted income toward the family share. The SFHA was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA), Los Angeles, CA. The HACLA requested a waiver regarding 
exception payment standards so that it could provide a reasonable 
accommodation to persons with disabilities.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 21, 2008.
    Reason Waived: The waiver was granted because the participant, who 
is an elderly person with cardiovascular and vision disabilities, would 
have significant hardship if required to move. She was paying 
approximately 85 percent of the family's adjusted income toward her 
share of the rent as a result of a large rent increase. To provide a 
reasonable accommodation so that this participant would pay no more 
than 40 percent of her adjusted income toward the family share, the 
HACLA was allowed to approve an exception payment standard that 
exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA), Los Angeles, CA. The HACLA requested a waiver regarding 
exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 26, 2008.
    Reason Waived: The waiver was granted because the participant, who 
is an elderly person with multiple medical problems, needed to remain 
in her current unit to be near her physician and due to the stress that 
moving to another unit would present. She was also paying approximately 
75 percent of the family's adjusted income toward her share of the rent 
as a result of a large rent increase. To provide a reasonable 
accommodation so that this participant would pay no more than 40 
percent of her adjusted income toward the family share, the HACLA was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the County of Umatilla 
(HACU), Sioux Falls Housing and Redevelopment Commission (SFHRC), 
Umatilla County, Oregon. The HACU requested a waiver regarding 
exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 5, 2008.
    Reason Waived: The waiver was granted because the applicant, who 
suffers from post traumatic stress disorder, needed to remain in his 
unit in order to avoid the stress of moving. To provide a reasonable 
accommodation so that this participant would pay no more than 40 
percent of his adjusted income toward the family share, the HACU was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Alaska Housing Finance Corporation (AHFC), 
Anchorage, AK. The AHFC requested a waiver regarding exception payment 
standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides that a public housing agency may only approve 
a higher payment standard for a family as

[[Page 75762]]

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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 8, 2008.
    Reason Waived: The waiver was granted because the participant, who 
is a disabled person with multiple chemical sensitivity syndrome, needs 
to remain in her current unit which is a two-bedroom house with private 
laundry facilities. The participant was paying approximately 57 percent 
of the family's adjusted income toward her share of the rent. To 
provide a reasonable accommodation so that this participant would pay 
no more than 40 percent of her adjusted income toward the family share, 
the AHFC was allowed to approve an exception payment standard that 
exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Sioux Falls Housing and Redevelopment Commission 
(SFHRC), Sioux Falls, South Dakota. The SRHRC requested a waiver 
regarding exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 9, 2008.
    Reason Waived: The waiver was granted because the participant is a 
disabled person who required a wheelchair-accessible unit that is in 
close proximity to the medical facility where she receives care. To 
provide a reasonable accommodation so that this participant would pay 
no more than 40 percent of her adjusted income toward the family share, 
the SFHRC was allowed to approve an exception payment standard that 
exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Alaska Housing Finance Corporation (AHFC), Kodiak 
Island, AK. The AHFC requested a waiver regarding exception payment 
standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 11, 2008.
    Reason Waived: The waiver was granted because the applicant is a 
disabled person requiring a wheelchair-accessible unit close to family. 
A thorough housing search located a unit that required an exception 
payment standard so that the applicant would pay no more than 40 
percent of adjusted income toward the family share. The AHFC was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Fall River Housing Authority (FRHA), Fall River, 
MA. The FRHA requested a waiver regarding exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 11, 2008.
    Reason Waived: The waiver was granted because the applicant is a 
disabled person who required a single-family home that required an 
exception payment standard so that the she would pay no more than 40 
percent of her adjusted income toward the family share. The FRHA was 
allowed to approve an exception payment standard that exceeded the 
basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the City of Los Angeles 
(HACLA), Los Angeles, CA. The HACLA requested a waiver regarding 
exception payment standards.
    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 11, 2008.
    Reason Waived: The waiver was granted because the participant, who 
is an elderly person with multiple significant medical problems and 
needs to remain near her various physicians and hospital, was paying 
approximately 96 percent of the family's adjusted income toward her 
share of the rent as a result of a large rent increase. To provide a 
reasonable accommodation so that this participant would pay no more 
than 40 percent of her adjusted income toward the family share, the 
HACLA was allowed to approve an exception payment standard that 
exceeded the basic range of 90 to 110 percent of the FMR.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 982.505(c)(3).
    Project/Activity: Fort Walton Beach Housing Authority (FWBHA), Fort 
Walton Beach, FL. The FWBHA requested a waiver of payment standard (PS) 
requirements.

[[Page 75763]]

    Nature of Requirement: Section 982.505(d) of HUD's regulations in 
24 CFR part 982 provides 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: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 25, 2008.
    Reason Waived: The waiver was granted because this cost-saving 
measure enabled the FWBHA to both manage its Housing Choice Voucher 
program within allocated budget authority and avoid the termination of 
HAP contracts due to insufficient funding.
    Contact: Danielle Bastarache, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 983.53(c) and 983.259(a).
    Project/Activity: St. Louis Housing Authority (SLHA). St. Louis, 
MO. The SLHA requested waivers of project-based voucher (PBV) 
regulations to allow members of the Carr Square Tenant Management 
Corporation (CSTMC) to remain in their former public housing units.
    Nature of Requirement: Section 983.53(c) of HUD's regulations in 24 
CFR part 983 provides that the PHA may not attach or pay PBV assistance 
for a unit occupied by an owner of the housing. Section 983.259(a) 
generally states that families must be terminated if they occupy 
overcrowded, under-occupied or accessible units and don't accept the 
public housing agency's offer of continued housing assistance (e.g., 
tenant-based voucher assistance).
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: August 13, 2008.
    Reasons Waived: A waiver of the first regulation was granted since 
the CSTMC is a 501(c)(3) non-profit entity and none of the individual 
members of the CSTMC (who are considered principals and/or interested 
parties) will have any ownership interest in the PBV units. The second 
regulation was also waived since many of the residents aged in place 
and appropriate-sized units were not available in the project for some 
of them. In addition, commitments were made under the HOPE I grant to 
allow these remaining members of tenant families to remain in the 
project.
    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 7th Street, SW., Room 4210, Washington, DC 20410-5000, 
telephone number 202-708-0477.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: Washington County Housing Authority (WCHA), 
Washington County, Pennsylvania.
    Nature of Requirement: The Energy Policy Act of 2005 amended 
section 9(e)(2)(C) of the Housing Act of 1937 by changing the contract 
period from 12 to 20 years. At the time of the request for a waiver, 
HUD's regulation in 24 CFR 990.185(a) had not yet been amended to 
conform to the statutory change and continued to present a maximum 
period of 12 years.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 7, 2008.
    Reason Waived: The WCHA was undertaking an energy project and 
anticipated energy conservation measures whose life cycle expectations 
and costs would exceed the 12-year regulatory limitation in 24 CFR 
990.185(a). Based upon the anticipated savings and benefits to WCHA and 
its residents, the waiver granted a longer payback period, contingent 
on HUD's provisions, including additional information and technical 
activity requirements. WCHA agreed to comply with all of HUD's 
provisions for the waiver to be effective.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 4226, Washington, DC 
20410-5000, telephone number 202-708-0744.

     Regulation: 24 CFR 990.185(a).
    Project/Activity: Lynn Housing Authority and Neighborhood 
Development (LHAND), Lynn, Massachusetts.
    Nature of Requirement: The Energy Policy Act of 2005 amended 
section 9(e)(2)(C) of the Housing Act of 1937 by changing the contract 
period from 12 to 20 years. At the time of the request for a waiver, 
HUD's regulation in 24 CFR 990.185(a) had not yet been amended to 
conform to the statutory change and continued to present a maximum 
period of 12 years.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian housing.
    Date Granted: July 31, 2008.
    Reason Waived: The LHAND is undertaking an energy project and 
anticipates energy conservation measures whose life cycle expectations 
and costs will exceed the 12-year regulatory limitation in 24 CFR 
990.185(a). Based upon the anticipated savings and benefits to LHAND 
and its residents, the waiver grants a longer payback period, 
contingent on HUD's provisions, including additional information and 
technical activity requirements. LHAND must comply with all of HUD's 
provisions for the waiver to be effective.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 4226, Washington, DC 
20410-5000, telephone number 202-708-0744

     Regulation: 24 CFR 990.185(a).
    Project/Activity: Kingsport Housing and Redevelopment Authority, 
(KHRA) Kingsport, Tennessee.
    Nature of Requirement: The Energy Policy Act of 2005 amended 
section 9(e)(2)(C) of the Housing Act of 1937 by changing the contract 
period from 12 to 20 years. At the time of the request for a waiver, 
HUD's regulation in 24 CFR 990.185(a) had not yet been amended to 
conform to the statutory change and continued to present a maximum 
period of 12 years.
    Granted by: Paula O. Blunt, General Deputy Assistant Secretary for 
Public and Indian Housing.
    Date Granted: September 5, 2008.
    Reason Waived: The KHRA was undertaking an energy project and 
anticipated energy conservation measures whose life cycle expectations 
and costs will exceed the 12-year regulatory limitation in 24 CFR 
990.185(a). Based upon the anticipated savings and benefits to KHRA and 
its residents, the waiver granted a longer payback period, contingent 
on HUD's provisions, including additional information and technical 
activity requirements. KHRA agreed to comply with all of HUD's 
provisions for the waiver to be effective.
    Contact: Nicole Faison, Director, Office of Public Housing 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 4226, Washington, DC 
20410-5000, telephone number 202-708-0744.

[FR Doc. E8-29308 Filed 12-11-08; 8:45 am]
BILLING CODE 4210-67-P