[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]]

-----------------------------------------------------------------------

Part III





Department of Housing and Urban Development





-----------------------------------------------------------------------



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  

[[Page 11442]]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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