[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11442-11460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5653]
[[Page 11441]]
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Part III
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of
Calendar Year 2008; Notice
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 /
Notices
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5217-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
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 October 1, 2008, and ending on December 31, 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 fourth 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), as reiterated and updated in the Restatement of Policy
on Waiver of Regulations published on December 17, 2008 (73 FR 76674).
In accordance with those procedures and with the requirements of
section 106 of the HUD Reform Act, waivers of regulations are granted
by the Assistant Secretary with jurisdiction over the regulations for
which a waiver was requested. In those cases in which a General Deputy
Assistant Secretary granted the waiver, the General Deputy Assistant
Secretary was serving in the absence of the Assistant Secretary in
accordance with the office's Order of Succession.
This notice covers waivers of regulations granted by HUD from
October 1, 2008, through December 31, 2008. For ease of reference, the
waivers granted by HUD are listed by HUD program office (for example,
the Office of Community Panning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the fourth quarter of
calendar year 2008) before the next report is published (the first
quarter of calendar year 2009), HUD will include any additional waivers
granted for the fourth quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: March 6, 2009.
Linda M. Cruciani,
Deputy General Counsel for Operations.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development October 1, 2008 Through
December 31, 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 58.22(a).
Project/Activity: The King County Housing Authority applied to
the City of Federal Way for Community Development Block Grant funds
for the renovation and expansion of Kings Court Community Building
on May 14, 2007. The King County Housing Authority also intended to
utilize Capital funds for the project. The Community Center is
located in close proximity to public housing units and is intended
for services such as after-school programs for youths and employment
services for nearby residents and Section 8 recipients. King County
Housing Authority committed nonfederal funds by issuing a letter of
award for constructing the Community Center, an action that limits
the choice of reasonable alternatives, before receiving an approved
Request for Release of Funds.
[[Page 11443]]
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: December 22, 2008.
Reason Waived: The waiver was granted based on the following
findings: The project will furthered the objective of providing
community development; the errors made in the environmental process
for the commitment of non-HUD funds were made in good faith and King
County Housing Authority did not willfully violate the applicable
regulations; no HUD funds were committed; and, an environmental
assessment and a site visit by HUD staff concluded that the granting
of the waiver will not result in any unmitigated, 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 58.22(a).
Project/Activity: On May 26, 2006, HUD received an application
from Ponca Tribe of Nebraska for Indian Community Development Block
Grant in the amount of $609,840 to acquire property and buildings to
use for tribal program offices. Ponca Tribe's intended use is to
acquire property and buildings to develop a Ponca Family Resource
Center to provide a new ``one-stop'' service delivery system to
provide comprehensive, quality programs and services that
concentrate on strengthening families through prevention modes
spanning the entire human lifecycle in a culturally appropriate
manner. On January 25, 2007, Ponca Tribe committed nonfederal funds
to acquire the property and buildings, 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: December 22, 2008.
Reason Waived: The waiver was granted based on the following
findings: The project furthered HUD's program goal to develop viable
Indian communities; the property was purchased in good faith and
Ponca Tribe did not willfully violate the applicable regulations; no
HUD funds were committed; and, an environmental assessment and a
site visit by HUD staff concluded that the granting of the waiver
will not result in any unmitigated, 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 Commonwealth of Puerto Rico's Community
Development Block Grant Program.
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 an amendment to a state's Consolidated Plan.
Granted by: Susan D. Peppler, Assistant Secretary for Community
Development and Planning.
Date Granted: October 8, 2008.
Reason Waived: A reduced public comment period from 30 days to 7
days would allow the State to implement the amendment to the 2008
method of distribution and annual action plan expeditiously and
enable the Commonwealth to provide assistance to affected UGLGs for
disaster recovery in a timely manner. The Commonwealth's proposed
amendment to reallocate recaptured funds or uncommitted funds for
their current program year would provide the State with additional
flexibility to address urgent needs quickly.
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 202-402-2191.
Regulation: 24 CFR 92.2 and 92.254(b)(2).
Project/Activity: Prince George's County requested a waiver of
the regulatory definitions of ``reconstruction'' and ``principal
residence'' to allow the County to assist an otherwise eligible
homeowner whose home was demolished as the result of an
environmental hazard.
Nature of Requirement: The HOME regulations define
``reconstruction'' in part, as rebuilding on the same lot, of
housing standing on a site at the time of project commitment.
Additionally, under HUD's regulations, housing owned by an income-
eligible individual qualifies as affordable housing only if the
housing is the principal residence of the owner at time HOME funds
are committed to the project.
Granted by: Susan D. Peppler, Assistant Secretary for Community
Planning and Development.
Date Granted: December 17, 2008.
Reason Waived: In early 2003, there was an oil spill at the
homeowner's residence. As a result, the homeowner and the
homeowner's family were unable to continue to live in the house and
due to the nature of the spill, the home was condemned and
demolished as an environmental hazard by the Maryland Department of
Environment. The homeowner successfully sued the oil company but was
not awarded sufficient damages to both remediate the hazard and
reconstruct her home. The County wished to provide the homeowner
with HOME funds to enable her to complete the restoration of her
home and resume her residency there.
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 7158, Washington, DC 20410-7000, telephone number 202-708-2470.
Regulation: 24 CFR 92.252(e).
Project/Activity: The State of Iowa Department of Economic
Development (IDED) requested a waiver of the period of affordability
for the Riverview Apartments in Coralville, Iowa, due to severe
flooding that ended the useful life of the project. The
participating jurisdiction would have been required to repay
$141,893 in HOME funds because the project failed to meet the
affordability period.
Nature of Requirement: The HOME regulations at Sec. 92.252(e)
require a 5 year period of affordability for rehabilitation or
acquisition for existing rental housing receiving less than $15,000
of HOME subsidy per unit.
Granted by: Susan D. Peppler, Assistant Secretary for Community
Planning and Development.
Date Granted: December 16, 2008.
Reason Waived: On June 13, 2008, severe flooding caused
significant damage to Riverview Apartments, requiring all tenants to
be relocated. At the time of the HOME investment, the properties
were not located in a flood plan. Therefore flood insurance had not
been secured. The bids to repair and refurbish the apartments
exceeded 75% of the property value. Due to the severity of the
damage to the property, rehabilitation was determined to be
infeasible and the City of Coralville has denied issuance of a
building permit. HUD has determined that due to the damage caused to
the 16 HOME rental units by the June 13, 2008, flood, the project
has no remaining useful life and that good cause existed to waive
the affordability period requirement.
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 7158, Washington, DC 20410-7000, telephone number 202-708-2470.
Regulation: 24 CFR 92.500(d)(1)(B).
Project/Activity: The Orange HOME Consortium--City of Orange,
Texas, which is located within a presidentially-declared major
disaster area pursuant to Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, requested a waiver of
its HOME Program commitment deadline requirement to facilitate its
continued recovery from Hurricane Rita.
Nature of Requirement: The HOME regulations at 24 CFR
92.500(d)(1)(B) require that a participating jurisdiction (PJ)
commit its annual allocation of HOME funds within 24 months after
HUD notifies the PJ that HUD has executed the jurisdiction's HOME
Investment Partnership Agreement. HUD must deobligate any HOME funds
that a PJ has not committed under a legally binding written
agreement by the deadline.
Granted by: Susan D. Peppler, Assistant Secretary for Community
Planning and Development.
Date Granted: October 15, 2008.
Reason Waived: Hurricane Rita caused significant damage to
structures throughout
[[Page 11444]]
the Orange Consortium Area. In the City of Orange alone 97 homes
were completely destroyed and 5,997 sustained damage. This
unforeseen damage in the Consortium Area resulted in an increased
workload for City staff. Subsequently, HOME program timelines were
missed. Because of the program delays caused by the Hurricane Rita
and the County's need for funds to address storm-related damage, HUD
determined that there was good cause to suspend the County's
commitment deadline requirement pursuant to Section 290 of the
Cranston-Gonzalez National Affordable Housing Act as amended.
Contact: Virginia Sardone, Deputy Director, Office of Affordable
Housing Programs, Office of Community Planning and Development, 451
7th Street, SW., Room 7164, Washington, DC 20410-7000, telephone
number 202-708-2470.
Regulation: 24 CFR 574.320(a)(2).
Project/Activity: The State of Florida and its project sponsor
AIDS Help, Inc. use HOPWA tenant-based rental assistance (TBRA) to
provide support to eligible recipients in Monroe County and Key
West.
Nature of Requirement: The provisions of 24 CFR 574.320(a)
require that grant funds for rental assistance must be used in
accordance with a rent standard that is no more than the published
section 8 fair market rent or the HUD-approved community-wide
exception rent for the unit size. On a unit by unit basis, the
grantee may increase that amount by up to 10% for up to 20% of the
units assisted.
Granted by: Susan D. Peppler, Assistant Secretary for Community
Planning and Development.
Date Granted: January 16, 2009.
Reason Waived: Current actual market rents far exceed fair
market rents, so it is not possible for the grantee to procure
rental units for eligible persons living with HIV/AIDS. The grantee
adequately documents that the rents presently charged and received
for comparable units in the private unassigned market are at 145% of
those authorized under the HOPWA regulation.
Contact: David Vos, Office of HIV/AIDS Housing, Office of
Community Planning and Development, Department of Housing and Urban
Development, 451 7th Street, SW., Room 7212, Washington, DC 20410-
7000, telephone 202-708-1934.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801.
Project/Activity: Geneva Tower--Contract Numbers IA05-L000-001/
IA05-M000-061, Cedar Rapids, Iowa. The owner submitted a written
request to waive submission of annual financial statements for
fiscal year ending July 31, 2008.
Nature of Requirement: HUD regulations at 24 CFR 5.801 implement
uniform financial reporting standards for all HUD programs. Reports
must be prepared in accordance with Generally Accepted Accounting
Principles as further defined by HUD in supplementary guidance,
submitted electronically to HUD through the Internet with reporting
compliance dates.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 10, 2008.
Reason Waived: The regulation was waived because a finding was
made that failure to comply with the regulation were due to reasons
beyond the owner's control. The property sustained flood damage on
June 13, 2008. This damage destroyed the financial and tenant
records as well as the equipment on the first floor. This waiver is
granted for a period of one year for this project only. Providing
waiver of this regulation allowed the much needed affordable housing
to be preserved.
Contact: Beverly J. Miller, Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 7th Street, SW., Room 6l60, Washington, DC 20410-
8000, telephone number 202-708-3730.
Regulation: 24 CFR 200.926d(f)(1)(i) and (2)(i).
Project/Activity: Waiver applicable in the following boroughs of
Alaska: Juneau, Mantanuska-Susitna, Anchorage, Bethel, North Slope
(Barrow), Fairbanks (North Star and Southeast) and the Kenai
Peninsula.
Nature of Requirement: Existing regulations require that new
construction, to be eligible for FHA insurance, must be capable of
delivering a flow of 5 gallons per minute (GPM) over a 4 hour period
in order to provide a continuing and sufficient supply of water.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 14, 2008.
Reason Waived: Waiving the regulations was granted so that new
construction in the above-referenced boroughs of Alaska would be
able to rely upon alternative sources of water. The alternative
sources of water would allow the properties to become eligible for
FHA-insured financing that are otherwise acceptable under state and
local codes and where it is not feasible to procure water from
conventional water systems.
Contact: Peter Gillispie, Home Valuation Policy Division, Office
of Single Family Program Development, Office of Housing, Department
of Housing and Urban Development, 451 7th Street, SW., Room 9270,
Washington, DC 20410-8000, telephone number 202-708-2121.
Regulation: 24 CFR 200.926d(f)(1)(i) and (2)(i).
Project/Activity: The waiver was requested for the following
boroughs of Alaska: Juneau, Mantanuska-Susitna, Anchorage, Bethel,
North Slope (Barrow), Fairbanks (North Star and Southeast) and the
Kenai Peninsula.
Nature of Requirement: HUD's regulations at 24 CFR
200.926d(f)(1)(i) and (2)() require that new construction, to be
eligible for FHA insurance, must be capable of delivering a flow of
5 gallons per minute (GPM) over a 4 hour period in order to provide
a continuing and sufficient supply of water.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 14, 2008.
Reason Waived: Waiving the regulations so that new construction
in the above referenced boroughs of Alaska can rely upon alternative
sources of water would allow the properties to become eligible for
FHA-insured financing that are otherwise acceptable under state and
local codes and where it is not feasible to procure water from
conventional water systems.
Contact: Peter Gillispie, Home Valuation Policy Division, Office
of Single Family Program Development, Office of Housing, Department
of Housing and Urban and Development, 451 7th Street, SW., Room
9270, Washington, DC 20410-8000, telephone number 202-708-2121.
Regulation: 24 CFR 2063.
Project/Activity: Home Equity Conversion Mortgages (HECM)
originated by EverBank Mortgage between March 5, 2007 and April 2,
2008.
Nature of Requirement: Under the HECM program regulations, the
expected average interest rate is used to calculate future payments
to the HECM borrower by the establishment of the principal limit
(future payments to the HECM borrower) and must be the same as the
note interest rate.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 2, 2008.
Reason Waived: EverBank Mortgage relied on guidance issued by
FHA in Mortgagee Letters 2003-16 and 2006-22 but misinterpreted the
requirement that the expected average mortgage interest rate must be
the same as the HECM note interest rate. This misinterpretation
resulted in EverBank originating 661 HECM loans where the expected
average interest rate and the HECM note interest rate were
different. It was determined that EverBank Mortgage's interpretation
that the mortgagee letters permitted it to use a note rate that
differed from the expected average interest rate was made in good
faith, and it was determined that it would have been inequitable to
require EverBank to receive a lower interest rate for the loans
originated between March 5, 2007 and April 2, 2008.
Contact: Erica Jessup, Home Valuation Policy Division, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Washington, DC
20410.
Regulation: 24 CFR 206.32(a).
Project/Activity: Home Equity Conversion Mortgages (HECM) in
Genesee County, Michigan.
Nature of Requirement: Under the HECM program regulations, HECM
borrowers may not incur additional debt in conjunction with HECM.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 24, 2008.
Reason Waived: It was determined that the waiver would provide
Metro Housing Partnership (MHP) of Genesee County,
[[Page 11445]]
Michigan, with the authorization to provide secondary financing to
eligible residents of Genesee County whose HECM proceeds are
insufficient to satisfy existing property indebtedness or cover
required expenses to secure the MHP loan.
Contact: Erica Jessup, Home Valuation Policy Division, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 9278,
Washington, DC 20410-8000, telephone number 202-708-2121.
Regulation: 24 CFR 219.220(b).
Project/Activity: St. Anthony Place, Pocatello, Idaho--FHA
Project Number 124-EH019. The property has 88 units and 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,
which 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 mortgage insurance,
prepayment of the mortgage, or a sale of the project * * *'' Either
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: October 29, 2008.
Reason Waived: This waiver was granted to allow the owner to
amortize the flexible subsidy debt with the newly refinanced
mortgage and to continue to operate the project after prepayment
under a Use Agreement. There will be no monies leaving the project
as a result of prepayment and there will be long-term preservation
of this affordable housing.
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: The Russell House--FHA Project Number 051-
EH013, Virginia Beach, Virginia. The property is a 119-unit Section
202 property and is in need of repairs.
Nature of Requirement: Section 219.220(b), which 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 mortgage insurance, prepayment of
the mortgage, or a sale of the project * * *'' Either of these
actions would typically terminate FHA involvement with the property,
and the Flexible Subsidy loan would be repaid, in whole, at that
time.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 4, 2008.
Reason Waived: The waiver was granted to permit much needed
repairs at the property. The owner planned to refinance the Section
202 mortgage with a Section 223(f) insured loan; at initial closing
of the new loan, the owner will pay all accrued interest and a one-
time principal payment, reducing the balance and amortize the
flexible subsidy debt with the newly refinanced mortgage. It was
determined that these measures would allow the project to be
maintained as much needed affordable housing.
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 236.725.
Project/Activity: Genesee Gateway Houses (aka River Park
Commons)--FHA Project Number 014-033NI, Rochester, New York. The
Buffalo Multifamily Hub has requested waiver of the regulation to
permit the continuation of Rental Assistance Payments after the
payoff of the non-insured Section 236 mortgage under a Section
236(e)(2) Decoupling transaction.
Nature of Requirement: HUD regulations at 24 CFR 236.725
requires that the rental assistance contract shall be limited to the
term of the mortgage or 40 years from the date of the first payment
made under the contract, whichever is the lesser.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 20, 2008.
Reason Waived: This waiver was granted predicated on the
continuation of the Rental Assistance Payment assistance and
required the developer to record a Use Agreement requiring the
property to be maintained as a Section 236 low-income housing
resource for 50 years from the closing of the Decoupling
transaction. The Decoupling proposal plans for the demolition of the
townhouse units, the relocation of all remaining residents, and the
full renovation of the high-rise building.
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: WRC House, Incorporated, Dothan, AL, Project
Number: 062-HD065/AL09-Q071-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: October 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: Ivy Residence II, Philadelphia, PA, Project
Number: 034-EE153/PA26-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: October 21, 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: Morning Star Housing, Moline, IL, Project
Number: 071-HD156/IL06-Q061-007.
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: October 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: Opportunity House, Ketcikan, Alaska, Project
Number: 176-HD030/AK06-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: October 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.
[[Page 11446]]
Regulation: 24 CFR 891.100(d).
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 closing.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 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: Breakthrough Phase I, Knoxville, TN, Project
Number: 087-HD051/TN37-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: November 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: Options Supportive Housing Project XIII,
Shirley, NY, Project Number: 012-HD138/NY36-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: December 3, 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 Owatonna, Owatonna, MN, Project Number:
092-HD070/MN46-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: December 3, 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: December 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: Burke Place Apartments, Forks, WA, Project
Number: 127-HD040/WA19-Q071-004.
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: December 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: Roberts Place Apartments, Monroe, LA, Project
Number: 064-HD109/LA48-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: December 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: Llangollen Hope House, New Castle, DE, Project
Number: 032-HD035/DE26-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: December 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: Marian Heights, New Britain, CT, Project
Number: 017-EE097/CT26-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: December 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: Mosaic Housing XVII--Beatrice, Omaha, NE,
Project Number: 103-HD036/ND99-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: December 24, 2008.
[[Page 11447]]
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: Prairie View Villas, Pekin, IL, Project
Number: 072-HD152/IL06-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: December 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. Francis Xavier Apartments, McKean, PA,
Project Number: 033-EE127/PA28-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: December 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) and 24 CFR 891.165.
Project/Activity: Acres Homes Garden Apartments, Houston, TX,
Project Number: 114-HD031/TX24-Q051-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation of the capital advance is 18 months from the date of
issuance with limited exceptions up to 24 months, as approved by HUD
on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 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. The sponsor/owner required additional time to obtain
additional funds.
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: Gabriel Place, Suffolk, VA, Project Number:
051-HD128/VA36-Q041-005.
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: December 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. The sponsor/owner required additional time to obtain
additional funds.
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: Providence Manor Apartments, Atlanta, GA,
Project Number: 061-EE159/GA06-S061-003.
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: December 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. 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 891.320(b).
Project/Activity: Center of Hope, Southbridge, MA, Project
Number: 023HD221/MA06-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 891.320(b) provides projects should not be located
adjacent to the following facilities: schools or daycare centers for
persons with disabilities, workshops, medical facilities, or other
housing primarily serving persons with disabilities, or in areas
where such facilities are concentrated.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: December 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 and the service plan is designed to promote the integration
of the residents into the community.
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: Dauphin County VOA Living Center, Harrisburg,
PA Project Number: 034-HD087/PA266-Q051-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 1, 2008.
Reason Waived: Additional time was needed for contractor to
obtain a Performance Bond and for the project to be initially
closed.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, U.S. Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410, telephone
number 202-708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Garrett House, Wilmington, DE, Project Number:
032-HD036/DE26-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.
[[Page 11448]]
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 10, 2008.
Reason Waived: The sponsor/owner needed additional time for the
initial closing to take place.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone number 202-708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hale Maaolu Ehiku, Kihei-Maui, HI, Project
Number:140-EE028/HI10-S021-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 10, 2008.
Reason Waived: The sponsor/owner needed additional time for this
mixed finance project to secure the executed Recipient Agreements
for HOME financing from the County of Maui and for initial/final
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: Kaaterskill Manor, Catskill, NY, Project
Number: 014-EE252/NY06-S051-008.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 14, 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: Lyons Place, Dayton, OH, Project Number: 046-
EE078/OH10-S051-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 17, 2008.
Reason Waived: The sponsor/owner needed additional time to
complete the bond sales 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: Transitional Services for New York, New York,
NY, Project Number: 012-HD128/NY36-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: October 24, 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: Octavia Court, San Francisco, CA, Project
Number:121-HD087/CA39-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: October 27, 2008.
Reason Waived: Additional time was needed to clarify issues with
the firm commitment application 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: Clearlake Oaks Manor, Clearlake Oaks, CA,
Project Number: 121-EE174/CA39-S041-005.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 29, 2008.
Reason Waived: The owner/sponsor needed additional time 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: Victory Cathedral VOA Elderly Housing,
Hartford, CT, Project Number: 017-EE098/CT26-S061-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: October 30, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve firm commitment application issues 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: Living Solutions II, Mora, MN, Project Number:
092-HD123/MN46-S061-009.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 2, 2008.
Reason Waived: The sponsor/owner needed additional time to
complete the submission of initial closing documents 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: Capps Villa, Spartanburg, SC, Project Number:
054-HD115/SC16-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: November 3, 2008.
Reason Waived: Additional time was needed for the owner/sponsor
to resolve an
[[Page 11449]]
identity of interest issue with the site, 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: JSDD Supportive Living II, Whippany, NJ,
Project Number: 031-HD149/NJ39-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: November 3, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure secondary funding, for the firm commitment application to be
processed, 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: Vista California Supportive Housing, Vista,
CA, Project Number: 129-HD030/CA33-Q041-001.
Nature Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as
approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 3, 2008.
Reason Waived: The sponsor/owner needed additional time secure
secondary funding, 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: Corozal Hope for the Elderly, Corozal, PR,
Project Number: 056-EE064/RQ46-S041-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 4, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure control of a new site 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: Henderson Supportive Housing, Henderson, NV,
Project Number: 125-HD074/NV25-Q061-001.
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: November 4, 2008.
Reason Waived: The sponsor/owner needed additional time 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 202-708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Common Ground Senior Housing,
Brooklyn, NY, Project Number: 012-EE338/NY36-S051-004.
Nature of Requirement: Section 891.165 provides that
the duration of the fund reservation of the capital advance is 18
months from the date of issuance with limited exceptions up to 24
months, as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary
for Housing-Federal Housing Commissioner.
Date Granted: November 4, 2008.
Reason Waived: The sponsor/owner needed additional time for the
closing documents to be submitted and processed 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: Victory Crest, Chillum, MD, Project Number:
000-EE066/MD39-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.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 4, 2008.
Reason Waived: The sponsor/owner needed additional time for the
firm commitment application to be reprocessed 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: Llangollen Hope House, New Castle, DE, Project
Number: 032-HD035/DE26-Q061-001.
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: November 4, 2008.
Reason Waived: The sponsor/owner needed additional time to
redesign the building, the firm commitment application to be
processed, 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: Casitas on East Broadway, Tucson, AZ, Project
Number: 123-EE104/AZ20-S061-010.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 8, 2008.
Reason Waived: The sponsor/owner needed additional time to
clarify issues of the site plan review, secure secondary funding 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: Oakridge Park Apartments, Lake Oswego, OR,
Project Number: 126-EE059/OR16-S061-002.
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: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve litigation
[[Page 11450]]
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: Silvercrest Senior Housing, Briarwood, NY,
Project Number: 012-EE349/NY36-S061-005.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time 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: Kappa House II Apartments, Cleveland, OH,
Project Number: 042-EE206/OH12-S061-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure secondary funding, submit the firm commitment 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.
Project/Activity: Emerald Rose I Apartments, Burton, OH, Project
Number: 042-HD141/OH12-Q061-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure secondary funding, 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: Mary Rose Estates, Willoughby, OH, Project
Number: 042-EE208/OH12-S061-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time to
submit the firm commitment 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.
Project/Activity: Leonia Retirement Housing, Leonia, NJ, Project
Number: 031-EE069/NJ39-S061-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 12, 2008.
Reason Waived: The sponsor/owner needed additional time for the
firm commitment application to be processed and 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: St. Francis Xavier Apartments, McKean, PA,
Project Number: 033-EE127/PA26-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.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 14, 2008.
Reason Waived: The sponsor/owner needed additional time for the
firm commitment to be processed 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: Arbor Court (fka Laurel Homes), Fresno, CA,
Project Number: 121-HD083/CA39-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: November 14, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funding, the firm commitment application to be
processed 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: Bernie's Blessing, Roxboro, NC, Project
Number: 053-EE173/NC19-S061-005.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 17, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve appraisal issues with the site, 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: Folsom Oaks, Folsom, CA, Project Number: 136-
HD017/CA30-Q041-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 17, 2008.
[[Page 11451]]
Reason Waived: The sponsor/owner needed additional time for the
firm commitment application to be processed and 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: Tartan Village II, Kilmarnock, VA, Project
Number: 051-EE111/VA36-S051-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 17, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve site plan issues required by the Virginia Department of
Transportation 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: Saint Claire Court, Redding, CA, Project
Number: 136-HD020/CA30-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: November 17, 2008.
Reason Waived: The sponsor/owner needed additional time for the
site to be approved 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: North Highlands VOA Living Center, North
Highlands, CA, Project Number: 136-HD019/CA30-Q061-001.
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: November 18, 2008.
Reason Waived: The sponsor/owner needed more time to secure
additional funding, submit the firm commitment 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.
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: November 18, 2008.
Reason Waived: The sponsor/owner needed additional time to
modify architectural designs to satisfy new state requirements 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: Desert Sol, Phoenix, AZ, Project Number: 123-
HD040/AZ20-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: November 19, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funding 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: Sierra Manor II, Reno, NV, Project Number:
125-EE129/NV25-S061-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 19, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funding, for approval of the new site, 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: Eskaton Roseville Manor, Roseville, CA,
Project Number: 136-EE081/CA30-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.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 19, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funding, obtain approval of the parcel split,
submit the firm commitment 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.
Project/Activity: Shawnee Supportive Housing, Shawnee, KS,
Project Number: 084-EE054/KS16-Q061-001.
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: November 19, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve development cost 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: Accessible Space, Incorporated, Mesa, AZ,
Project Number: 123-HD041/AZ20-Q061-003.
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.
[[Page 11452]]
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 21, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funding 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: Casa Del Pueblo II, Tucson, AZ, Project
Number: 123-EE103/AZ20-S061-009.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 21, 2008.
Reason Waived: The sponsor/owner needed additional time for the
city of Tucson to approve a lot split 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: NCR of East Dublin Granville Road, Columbus,
OH, Project Number: 043-EE119/OH16-S061-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 10, 2008.
Reason Waived: The sponsor/owner needed additional time to
resolve judgment liens and delinquent tax issues against the land
seller 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: Maranatha Housing, Amsterdam, NY, Project
Number: 014-EE264/NY06-S061-009.
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: December 16, 2008.
Reason Waived: The sponsor/owner needed additional time to
submit the firm commitment 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.
Project/Activity: Parham House, Vista, CA, Project Number: 129-
HD031/CA33-Q061-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 16, 2008.
Reason Waived: The sponsor/owner needed additional time to
secure additional funds, resolve site issues, 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: Independence Manor III, Braintree, MA, Project
Number: 023-EE169/MA06-S031-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 17, 2008.
Reason Waived: The sponsor/owner needed additional time for Mass
Housing Board to approve partial releases of two land parcels 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: Johnnie B. Moore Towers II, Atlanta, GA,
Project Number: 061-EE160/GA06-S061-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 19, 2008.
Reason Waived: The sponsor/owner needed additional time for the
firm commitment application to be processed and 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 891.310(b)(1).
Project/Activity: Nassau AHRC Development 2005, North Baldwin,
NY, Project Number: 012-HD129/NY36-Q051-003.
Nature of Requirement: Section 891.310(b)(1) requires that all
entrances, common areas, units to be occupied by resident staff, and
amenities must be readily accessible to and usable by persons with
disabilities.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 25, 2008.
Reason Waived: The cost to achieve full accessibility in both
houses was determined not to be economical. The high acquisition
cost of the houses coupled with costly renovations that would be
necessary to make both houses accessible would be financially
prohibitive.
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, 24 CFR 891.805, 24 CFR
891.830(b) and 891.830(c)(4).
Project/Activity: Armstrong Place, San Francisco, CA, Project
Number: 121-EE194/CA39-S061-006.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis. 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: November 20, 2008.
Reason Waived: Additional time was needed for the firm
commitment to be issued and for the project to be initially/finally
closed in order to not delay the construction
[[Page 11453]]
of this mixed finance project and to allow other funds to pay for
the construction of the project prior to release of the capital
advance funds.
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 891.530 and 24 CFR 891.205.
Project/Activity: Rohlffs Memorial Manor--FHA Project Number
121-SH049, Napa California. The San Francisco Multifamily Hub has
requested waiver of the requirement for nonprofit ownership of a
Section 202 Property and waiver of the transfer of physical assets
requirement.
Nature of Requirement: Under Sec. 891.530, prepayment
priviliges or the assignment or transfer of physical and financial
assets of any Section 202 project is prohibited, unless HUD gives
prior written approval. HUD may not grant approval unless it is
determined that the loan is part of a transaction that will ensure
the continued operation of the project until the original maturity
date of the loan and at least as advantageous to existing and future
tenants as the terms required by the original Section 202 loan
agreement. Requirements set forth in Sec. 891.205 apply to Section
202 Supportive Housing for the Elderly only and to applicants,
sponsors and owners under that program. Section 891.205 relates to
the definition of nonprofit organization, eligible applicants, and
requirements for the acquisition of existing housing and related
facilities to be used as supportive housing for the elderly.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: October 16, 2008.
Reason Waived: This waiver was granted to allow the property to
transfer ownership of the property to a Low Income Housing Tax
credit limited partnership and subordinate the existing Section 202
loan at the time of sale to make way for a new first lien mortgage
tied to the issuance of the tax-exempt bonds. Subordination of the
Section 202 loan will allow the new ownership entity to make needed
capital improvements to the property. The property is not eligible
to prepay under Notice H 2002-16, instead, the existing loan will
continue to amortize and will be subordinate to new tax credit
financing. Payments on the existing Section 202 loan will continue
until the maturity date of February 1, 2016. The benefits to the
residents upon completion of the sale include continued
affordability of the property to the tenants until 2063, a new 20-
year Section 8 contract for 16 units currently under the contract;
and expansion of the Service Coordinator program to work with the
residents and family members.
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 and 24 CFR 891.830(b) and
891.830(c)(4).
Project/Activity: Leonia Retirement Housing II, Leonia, NJ,
Project Number: 031-EE063/NJ39-S061-003.
Nature of Requirement: 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 draw down 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: November 19, 2008.
Reason Waived: The waiver of Sec. 891.805 complies with
statutory requirements that the entity be a nonprofit organization.
The waiver was granted in order to not delay the construction of
this mixed finance project and to allow other funds to pay for the
construction of the project prior to draw down of the capital
advance funds and to pay off that portion of bridge or construction
financing that 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 891.310(b)(1).
Project/Activity: Options Supportive Housing Project XIII,
Shirley, NY, Project Number: 012-HD138/NY36-Q071-003.
Nature of Requirement: Section 891.310(b)(1) requires Section
811 project entrances, common areas, units to be occupied by
resident staff, and amenities must be readily accessible to and
usable by persons with disabilities.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 25, 2008.
Reason Waived: The waiver was granted because it was determined
that one bedroom and all common areas would be fully accessible in
one of the homes resulting in 8 percent accessibility in the total
property.
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 891.410(c).
Project/Activity: Corinthian Arbors, Corinth, Mississippi--FHA
Project Number 065-EE001. 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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 24, 2008.
Reason Waived: This waiver was granted to allow 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. Despite aggressive marketing the property continues to
experience vacancies. It was determined that the waiver would allow
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: John Fischer Manor--FHA Project Number 075-
EH388, Appleton, Wisconsin. The property is located in a very rural
area and has been experiencing difficulty in 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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: October 7, 2008.
Reason Waived: This regulatory waiver was granted to allow the
owner to stabilize the project's current financial status and
prevent foreclosure. It was determined that waiver of this
regulation would permit 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. The commitment was made that first priority would 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-
8000, telephone number 202-708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Howard Wynne Villa--FHA Project Number 075-
EE070, Reedsburg, Wisconsin. This project is located in a very rural
area with few conveniences for senior citizens. 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.
[[Page 11454]]
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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: October 7, 2008.
Reason Waived: This regulatory waiver was granted to assist the
property with its current vacancy problems. There is insufficient
demand to fill the units with very low-income elderly applicants. It
was determined that the owner/managing agent would have the
flexibility to lease to qualified low-income near elderly applicants
only when there are no very low-income elderly applicants on the
waiting list. The waiver was granted to allow the project to operate
successfully and achieve full occupancy so that 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 891.410(c).
Project/Activity: Maple Leaf Housing--FHA Project Number 103-
EE006, Plymouth, Nebraska. This project is located in a very rural
area with few conveniences for senior citizens. The owner/managing
agent is having difficulty in maintaining full occupancy at the
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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: October 9, 2008.
Reason Waived: Waiver of this requirement was granted to allow
the owner/managing agent flexibility in renting up vacant units. At
the time the waiver was requested, the property had 6 vacant units
with no one on the waiting list. It was determined that providing a
waiver of the very low-income elderly restricting would assist in
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: Shepherd Place Apartments--FHA Project Number
083-EH268, Carlisle, Kentucky. The owner has requested waiver of the
age and income requirement for this Supportive Housing for the
Elderly project to assist with the vacancy problems they are
experiencing.
Nature of Requirement: Section 891.410 relates to admission of
families to projects for elderly or handicapped families that
receive reservations under Section 202 of the Housing Act of 1959,
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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 3, 2008.
Reason Waived: Waiver of this regulation was granted to allow
the owner/managing agent to rent vacant units to applicants who are
low-income and near-elderly. The owner/managing agent has
aggressively marketed the property with local housing authorities,
news media, churches and various civic organizations. At the time
the waiver was requested, the property had 3 vacant units and no
waiting list. It was determined that providing for a waiver of this
requirement would allow the project to stabilize its 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: Douglas/Elkhorn Apartments, FHA Project Number
083-EE092, Phelps, Kentucky. Douglas/Elkhorn is a Supportive Housing
for the Elderly project which is located in the rural Appalachian
Mountain region with few amenities such as shopping, medical
facilities and pharmacies, to attract qualified applicants.
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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 3, 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. At the time the waiver was requested, the property had 6
vacant units and no waiting list. It was determined that the waiver
would allow flexibility in renting units and allow 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 202-708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Southwood Village--FHA Project Number 061-
EE136, Cuthbert, Georgia. The project is experiencing difficulty in
leasing units to the very low-income elderly. The project is located
in a rural area with a countrywide population of approximately 7,791
residents.
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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 3, 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 authorities, media and community
organizations. At the time the waiver was requested, the property
had 50 percent occupancy and was unable to maintain proper
functioning of the project. It was determined that providing a
waiver would allow the owner to rent up vacant units, 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: Biimaadiiziiwiin--FHA Project Number 092-
EE086, White Earth, Minnesota. This 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. To qualify, households must include a minimum of one person
who is at least 62 years of age at the time of initial occupancy.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: December 24, 2008.
Reason Waived: Waiver of the regulations governing age and
income requirements was granted to assist the project in reaching
full
[[Page 11455]]
occupancy. The property is located on an Indian Reservation and
there was insufficient demand to fill vacancies with very low-income
elderly applicants. The owner/managing agent continued to market the
property to all ethnic groups and with the local housing authorities
and news media. It was determined that providing for this waiver
would allow the owner/managing agent to expand their leasing
options, and stabilize the project's current financial status and
prevent foreclosure.
Contact: Beverly J. Miller, Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 7th Street, SW., Room 6160, Washington, DC 20410-
8000, telephone number 202-708-3730.
Regulation: 24 CFR 891.830(b).
Project/Activity: Common Ground Senior Housing, Brooklyn NY,
Project Number: 012-EE338/NY36-S051-004.
Nature of Requirement: 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.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: November 25, 2008.
Reason Waived: In order to limit the out-of-pocket interest
costs of the mixed-financed owner, the waiver was granted to permit
the capital advance funds to be drawn down using a different
mechanism, than a pro rata basis. With this approval, the mixed-
finance owner was able to keep the undisbursed bond proceeds
invested, and the interest earned on the investment will be used to
offset the interest that is accruing on the tax-exempt bonds,
thereby reducing the cost to develop 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 6134, Washington,
DC 20410-8000, telephone number 202-798-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Senior City, Federal Way, WA, Project Number:
127-EE061/WA19-S071-002.
Nature of Requirement: 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: October 30, 2008.
Reason Waived: The waiver was granted in order to not delay the
construction of this mixed finance project and to allow other funds
to pay for the construction of the project prior to release of the
capital advance funds.
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 6134, Washington,
DC 20410-8000, telephone number 202-798-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Girard Manor Apartments, Warren, OH, Project
Number: 042-EE216/OH12-S071-002.
Nature of Requirement: 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: December 29, 2008.
Reason Waived: In order to not delay the construction and to
reduce the financing cost of the tax-exempt bonds, the waiver was
granted to permit the capital advance funds to be drawn down using a
different mechanism than a pro-rata share in order to collateralize
the bonds.
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 6134, 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: New York City Department of Housing
Preservation and Development, (NY110), New York, NY.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE), 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: October 15, 2008.
Reason Waived: The HA requested a waiver of the Uniform
Financial Reporting Standards (UFRS) audited electronic submission
requirements for the Financial Assessment Subsystem (FASS) for FYE
December 31, 2007, and December 31, 2008, since the City of New York
has a June 30 FYE. The HA was approved for a FYE change to June 30
to correspond with the City of New York FYE. Because, the HA is a
Section 8 only entity and is part of the City of New York, the
waiver grants the HA additional time to submit its FYE December 31,
2007, audited financial data by not later than March 31, 2009, and
it's audited financial data for the period of January 1, 2008
through June 30, 2009, by no later than March 31, 2010.
Contact: Myra E. Newbill, Program Manager, 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 Rockwall,
Rockwall, TX.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE) 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: October 16, 2008.
Reason Waived: The HA's audited financial submission for FYE
September 30, 2007, was rejected by the Financial Assessment
Subsystem (FASS) staff and the HA was given 15 days to correct and
resubmit the financial data. The HA made the corrections but failed
to ``click'' the submit button. As a result, the submission was not
electronically submitted to the REAC by the resubmission due date
causing the HA to receive a Late Presumptive Failure (LPF) score of
zero. The waiver granted invalidation of 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 5.801.
Project/Activity: Housing Authority of the City of Stanton,
Stanton, TX.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
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 housing
authority's (HA) fiscal year end (FYE) 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: November 14, 2008.
Reason Waived: The HA's audited financial data for FYE December
31, 2007, was completed and inputted into the on-line system and
ready for auditor review. The auditor was unable to complete the
agreed upon procedure portion of the financial submission due to
system access problems that could not be corrected in time because
the HA's Executive Director broke her leg just two weeks prior to
the audited financial submission due date resulting in the HA
receiving a Late Presumptive Failure (LPF) score of zero for its
financial submission. The waiver was granted because the
circumstances that prevented the HA from submitting the audited
financial data by the due date were beyond the control of the HA.
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.
[[Page 11456]]
Regulation: 24 CFR 5.801.
Project/Activity: Englewood Housing Authority, Englewood, NJ.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE) 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: November 20, 2008.
Reason Waived: The HA's audited financial submission for FYE
December 31, 2007, was rejected by the Financial Assessment
Subsystem (FASS) staff and the HA was given 15 days to correct and
resubmit the financial data. Due to medical issues and communication
error with their auditor, the submission was not electronically
submitted to the REAC by the resubmission due date resulting in a
Late Presumptive Failure (LPF) score of zero. The waiver was granted
because the circumstances that prevented the HA from resubmitting
the audited financial data by the due date were beyond the control
of the HA.
Contact: Myra E. Newbill, Program Manager, 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: Town of Brookhaven Housing Authority,
Farmingdale, 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 housing authority's (HA) fiscal
year end (FYE), 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: November 20, 2008.
Reason Waived: The HA, a Section 8-only entity, requested
additional time to submit their FYE December 31, 2007, audit
financial submission because the town's fixed asset records were not
finalized. Accordingly, the Town of Brookhaven requested and
received a Single Audit extension to December 10, 2008, to submit
the audited financial data.
Contact: Myra E. Newbill, Program Manager, 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: Amsterdam Housing Authority, Amsterdam, NY.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE), 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: November 26, 2008.
Reason Waived: The HA was unaware that their auditor was under a
suspension order from the New York State Board of Public
Accountants. The suspension prohibits auditors from providing audits
or attesting under Government Accounting Standards. Subsequently,
the HA retained a new auditor. The waiver was granted because the
circumstances preventing resubmission by the due date were beyond
the control of the HA.
Contact: Myra E. Newbill, Program Manager, 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 Worth Housing Authority, Fort Worth, TX.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are required to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE), 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: December 4, 2008.
Reason Waived: The HA audited financial submission for FYE
December 31, 2007, was rejected by the Financial Assessment
Subsystem (FASS) staff and the HA was given 15 days to correct and
resubmit the financial data. However, as result of a technical
computer problem, corrections and the resubmission were not
submitted to the REAC by the due date causing the HA to receive a
Late Presumptive Failure (LPF) score of zero. The waiver was granted
because the circumstances that prevented the HA from resubmitting
were beyond the control of the HA.
Contact: Myra E. Newbill, Program Manager, 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: Viroqua Housing Authority, Viroqua, WI.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE), 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: December 24, 2008.
Reason Waived: The due date of the financial audit was extended
and the zero score for Late Presumptive Failure was removed due to
temporary incapacitation of the auditor.
Contact: Myra E. Newbill, Program Manager, 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 St. Louis County, St.
Louis, MO.
Nature of Requirement: HUD's regulation at 24 CFR 5.801
establishes certain reporting compliance dates. The audited
financial statements are to be submitted to the Real Estate
Assessment Center (REAC) no later than 9 months after the housing
authority's (HA) fiscal year end (FYE), 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: December 30, 2008.
Reason Waived: The due date of the financial audit was extended
due to a communications error between the HA and auditor.
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 Opelousas,
Opelousas, LA.
Nature of Requirement: The objective of this regulation is to
determine whether a housing authority (HA) is meeting the standard
of decent, safe, sanitary, and in good repair for its developments.
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: October 27, 2008.
Reason Waived: The HA requested a waiver from physical
inspections for the fiscal year ending June 30, 2008, due to severe
damage to multiple units/buildings at all of the HA's sites incurred
during Hurricanes Gustav and Ike. The waiver was granted based on
confirmation provided by the New Orleans Field Office's on-site
visit. The circumstances surrounding the waiver were beyond the HA's
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.
[[Page 11457]]
Regulation: 24 CFR 902.20.
Project/Activity: Housing Authority of the City of Beaumont,
Beaumont, TX
Nature of Requirement: The objective of this regulation is to
determine whether a housing authority (HA) is meeting the standard
of decent, safe, sanitary, and in good repair. The Real Estate
Assessment Center (REAC) provides for an independent physical
inspection of all 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: November 20, 2008.
Reason Waived: The HA requested a waiver from physical
inspections for fiscal year ending (FYE) September 30, 2008, due to
severe damage to all the development sites during Hurricane Ike. The
waiver was granted based on confirmation of the damages by the
Houston Field Office. The circumstances surrounding the waiver are
beyond the HA's control.
Contact: Myra E. Newbill, Program Manager, 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 941.606(n)(1)(ii)(B).
Project/Activity: Muncie Housing Authority (MHA), Muncie, IN
Nature of Requirement: The regulation states that if the partner
and/or owner entity wants to serve as the general contractor, it may
award itself the construction contract only if it can demonstrate to
HUD's satisfaction that its bid is the lowest, competitive bid.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: October 28, 2008.
Reason Waived: The waiver was granted because MHA's third party
cost estimate had construction and infrastructure costs less than
the construction analysis.
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: Charleston Kanawha Housing Authority (CKHA)
Charleston, WV
Nature of Requirement: This regulation requires that if the
owner entity wants to serve as a general contractor, it may award
itself the construction contract only if it can demonstrate to HUD's
satisfaction that its bid is the lowest, competitive bid.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: October 31, 2008.
Reason Waived: The waiver was granted because CKHA submitted a
certification by an independent estimator that the plans,
specifications and construction costs were reasonable for the market
area.
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), San
Antonio, TX
Nature of Requirement: The regulation requires that if the owner
entity wants to serve as a general contractor, it may award itself
the construction contract only if it can demonstrate to HUD's
satisfaction that its bid is the lowest, competitive bid.
Granted by: Paula O. Blunt, General Assistant Deputy Secretary
for Public and Indian Housing.
Date Granted: December 16, 2008.
Reason Waived: The waiver was granted because SAHA submitted an
independent cost estimate verifying that the contractor's square
foot cost was less than construction estimates.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, 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: Housing Authority of the City of Texarkana
(HATT), Texarkana, TX.
Nature of Requirement: The regulation requires that if the owner
entity wants to serve as a general contractor, it may award itself
the construction contract only if it can demonstrate to HUD's
satisfaction that its bid is the lowest, competitive bid.
Granted by: Paula O. Blunt, General Assistant Deputy Secretary
for Public and Indian Housing.
Date Granted: December 24, 2008.
Reason Waived: The waiver was granted because HATT submitted an
independent cost estimate for Covington Townhomes Phase II. The
estimate provided by the affiliate of the developer illustrated that
the residential construction costs were below the independent cost
review prepared. As cost was below that of the independent cost
estimates, HUD's condition is satisfied.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, 451 7th Street, SW., Room 4130, Washington, DC 20140-5000,
telephone number 202-402-4181.
Regulation: 24 CFR 941.610(a)(1)-(a)(7).
Project/Activity: Charleston Kanawha Housing Authority,
Charleston, WV.
Nature of Requirement: This regulation requires HUD review and
approval of certain legal documents relating to mixed-finance
development prior to closing and release of funds.
Granted by: Paula Blunt, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: October 29, 2008.
Reason Waived: The waiver was granted to streamline the review
and expedite closing. Justification included the fact that CRH Phase
3 has the same unit mix, partners, financing and legal documents as
approved by HUD in 2006 for CRH Phase 1.
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 20410-5000, telephone number
202-402-4181.
Regulation: 24 CFR 941.610(a)(1)-(a)(7).
Project/Activity: San Antonio Housing Authority(SAHA), San
Antonio, TX.
Nature of Requirement: This regulation requires HUD review and
approval of certain legal documents relating to mixed-finance
development prior to closing and release of funds.
Granted by: Paula Blunt, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 16, 2008.
Reason Waived: The waiver was granted to streamline the review
and expedite closing. Justification included the findings that SAHA
has extensive mixed-finance experience and that the development
partners have experience in both HOPE VI and mixed-finance.
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 20410-5000, telephone number
202-402-4181.
Regulation: 24 CFR 941.610(a)(1)-(a)(7).
Project/Activity: Housing Authority of the City of Milwaukee
(HACM), Milwaukee, WI.
Nature of Requirement: This regulation requires HUD review and
approval of certain legal documents relating to mixed-finance
development prior to closing and release of funds.
Granted by: Paula Blunt, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: December 19, 2008.
Reason Waived: The waiver was granted to streamline the review
and expedite closing. Justification included the findings that HACM
has extensive experience through four existing HOPE VI projects with
mixed financing.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone number
202-402-4181.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Columbus Housing Authority (CHA), Columbus,
Georgia.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states 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: October 2, 2008.
Reason Waived: The CHA requested a waiver of PS requirements to
permit it to
[[Page 11458]]
implement reduced PSs earlier than required to avoid termination of
housing assistance payments (HAP) contracts during calendar year
2008 due to insufficient funding. The waiver was granted because
this cost-saving measure would enable the CHA to both manage its
Housing Choice Voucher program within allocated budget authority and
avoid the termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting 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.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: October 17, 2008.
Reason Waived: The HACLA requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to persons with disabilities. The participant is a 19-
year-old woman that is the legal guardian of her five siblings
including one, a nine-year-old disabled child with Downs Syndrome
who needs to remain in his current unit as it is well suited to
accommodating his disability. She was also paying approximately 65
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: Laure Rawson, Acting 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.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: October 24, 2008.
Reason Waived: The SFHRC requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to persons with disabilities. The applicant, a single
person with disabilities, required an accessible, two-bedroom ground
floor unit in close proximity to the medical facility where care is
received. To provide a reasonable accommodation so that this
applicant would pay no more than 40 percent of her adjusted income
toward the family share, the SFHC was allowed to approve an
exception payment standard that exceeded the basic range of 90 to
110 percent of the FMR.
Contact: Laure Rawson, Acting 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 Asotin County (HAAC),
Clarkston, WA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: November 24, 2008.
Reason Waived: The HAAC requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to a person with disabilities. The applicant, who is
unable to walk, needed to remain in her current wheelchair
accessible three-bedroom mobile home as documented by her physician.
To provide a reasonable accommodation so that this applicant would
pay no more than 40 percent of her adjusted income toward the family
share, the HAAC was allowed to approve an exception payment standard
that exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting 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: Georgia Department of Community Affairs
(GDCA), Carrollton, GA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: November 12, 2008.
Reason Waived: The GDCA requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to a person with disabilities. The participant, who is
a person with disabilities that required a single-family home, was
required to move to a unit that had limited carpeting and was free
of mildew, mold, mice droppings and inadequate heating. 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
GDCA was allowed to approve an exception payment standard that
exceeded the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting 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.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: November 6, 2008.
Reason Waived: The HACLA requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to a person with disabilities. The participant, who is
a paraplegic, was required to move to a ground level wheelchair-
accessible unit as verified by her physician. To provide a
reasonable accommodation so that participant payment was no more
than 40 percent of her adjusted income, the HACLA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting 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
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
[[Page 11459]]
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: November 6, 2008.
Reason Waived: The AHFC requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to persons with disabilities. The applicant, a
disabled single-member family with significant respiratory issues
and very limited mobility, was unable to locate an accessible unit
within the AHFC's maximum payment standard. 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 AHFC was
allowed to approve an exception payment standard that exceeded the
basic range of 90 to 110 percent of the FMR for an accessible unit.
Contact: Laure Rawson, Acting 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: Boone County Housing Authority (BCHA), Boone
County, IL.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that if the amount on the PS schedule is decreased during the
term of the HAP contract, the lower PS amount generally must be used
to calculate the monthly HAP for the family beginning at the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: December 10, 2008.
Reason Waived: The BCHA requested a waiver of payment standard
(PS) requirements to permit it to implement reduced PSs earlier than
required to avoid termination of housing assistance payments (HAP)
contracts during calendar year 2009 due to insufficient funding. The
waiver was granted because this cost-saving measure would enable the
BCHA to both manage its Housing Choice Voucher program within
allocated budget authority and avoid the termination of HAP
contracts due to insufficient funding.
Contact: Laure Rawson, Acting 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 Thurston County (HATC),
Olympia, WA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: December 23, 2008.
Reason Waived: The HATC requested a waiver regarding exception
payment standards so that it could provide a reasonable
accommodation to a person with disabilities. The participant, who is
unable to walk, was unable to search for a new unit as documented by
her health care provider. Consequently, the participant was paying
over 75 percent of her monthly adjusted income toward her family
share. To provide a reasonable accommodation so participant payment
was no more than 40 percent of her adjusted income, the HALC was
allowed to approve an exception payment standard that exceeded the
basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting 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 Lincoln County (HALC),
Newport, OR.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: October 2, 2008.
Reason Waived: The HAS requested a waiver of requirements
regarding the Agreement to Enter Into a Housing Assistance Payments
(HAP) Contract (Agreement) to permit it to continue rental
assistance under a HAP contract for Verandah Apartments. The waiver
was granted since the project was financed with a FHA 221(d)(4)
insured mortgage and the financing source was subject to the same
requirements as the Agreement. The Georgia Office of Multifamily
Housing verified that the property complied with the requirements of
the Agreement.
Contact: Laure Rawson, Acting 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 984.303(b)(2).
Project/Activity: State of California Department of Housing and
Community Development; Sacramento, CA.
Nature of Requirement: HUD's Family Self-Sufficiency (FSS)
program regulation at 24 CFR 984.303(b)(2) requires each FSS family
that is receiving welfare assistance have an interim goal of being
welfare-free for at least one year before the expiration of the term
of their FSS Contract of Participation.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: December 30, 2008.
Reason Waived: Although the FSS program participant was welfare-
free and had complied with all other aspects of her FSS Contract of
Participation, serious health problems prevented her from completing
the interim goal within the term of her FSS contract. The waiver
allowed the participant to receive the FSS escrow funds that were
calculated based on the increases in her earned income during the
term of her FSS contract.
Contact: Laure Rawson, Acting 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 202-708-0477.
Regulation: 24 CFR 990.185(a).
Project/Activity: Housing Authority of the County of Chester
(HACC), West Chester, PA.
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, yet HUD's regulation at 24 CFR
990.185(a) had not yet conformed to the amended statutory period 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: November 21, 2008.
Reason Waived: HACC was undertaking an energy project and
anticipated energy conservation measures whose life cycle
expectations and costs were expected to exceed the 12-year
regulatory limitation in 24 CFR 990.185(a). Based upon anticipated
savings and benefits to HACC and its residents, the waiver was
granted to allow a longer payback period, contingent on HUD's
provisions.
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 990.315.
Project/Activity: San Francisco Housing Authority (SFHA), San
Francisco, CA.
Nature of Requirement: The regulation requires timely submission
of operating budgets for HUD approval.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: November 24, 2008.
Reason Waived: The deadline requirement was waived and extended
because HUD requested revised alignments of asset management
projects, causing re-negotiation of labor agreements simultaneously
with the appointment of a new Executive Director.
[[Page 11460]]
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 1000.224.
Project/Activity: Village of Stony River, Alaska.
Nature of Requirement: HUD's regulation at 24 CFR 1000.224
provides authority to waive Indian Housing Plan (IHP) requirements
when there are circumstances beyond the control of the Tribe.
Granted by: Paula O. Blunt, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: November 21, 2008.
Reason Waived: The Alaska Village Council of Presidents Regional
Housing Authority (AVCPRHA) is the Tribally designated housing
entity (TDHE) for 48 Tribes, including the Stony River Traditional
Council (SRTC). AVCPRHA attempted to obtain tribal certification
from SRTC for the FY 2008 IHP, but was unsuccessful due to lack of a
legal quorum of SRTC for the past 9 months. Tribal certification was
waived so to reserve $73,786 for the Village of Stony River.
Contact: Rodger J. Boyd, Deputy Assistant Secretary, Office of
Native American Programs, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 7th Street, SW.,
Room 4126, Washington, DC 20410; (202) 401-7914.
[FR Doc. E9-5653 Filed 3-16-09; 8:45 am]
BILLING CODE 4210-67-P