[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15783-15800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap07-153]
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Part III
Department of Housing and Urban Development
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Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of
Calendar Year 2006; Notice
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5074-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
Quarter of Calendar Year 2006
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice covers the quarterly period since the
previous Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
period beginning on October 1, 2006, and ending on December 31, 2006.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Aaron Santa Anna, Assistant General Counsel for
Regulations, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 10276, Washington, DC 20410-0500, telephone (202)
708-3055 (this is not a toll-free number). Persons with hearing- or
speech-impairments may access this number through TTY by calling the
toll-free Federal Information Relay Service at (800) 877-8339.
For information concerning a particular waiver that was granted and
for which public notice is provided in this document, contact the
person whose name and address follow the description of the waiver
granted in the accompanying list of waivers that have been granted in
the fourth quarter of calendar year 2006.
SUPPLEMENTARY INFORMATION:
Section 106 of the HUD Reform Act added a new section 7(q) to the
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)),
which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request; and
e. State how additional information about a particular waiver may
be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
This notice follows procedures provided in HUD's Statement of
Policy on Waiver of Regulations and Directives issued on April 22, 1991
(56 FR 16337). In accordance with those procedures and with the
requirements of section 106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant Secretary with jurisdiction
over the regulations for which a waiver was requested. In those cases
in which a General Deputy Assistant Secretary granted the waiver, the
General Deputy Assistant Secretary was serving in the absence of the
Assistant Secretary in accordance with the office's Order of
Succession.
This notice covers waivers of regulations granted by HUD from
October 1, 2006, through December 31, 2006. 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 2006) before the next report is published (the first
quarter of calendar year 2007), 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 23, 2007.
Robert M. Couch,
Acting General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development October 1, 2006, Through
December 31, 2006
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 92.500(d)(1)(B), 42 U.S.C. 127481.
Project/Activity: The City of Baton Rouge-Parish of East Baton
Rouge, Louisiana, requested a waiver to facilitate its recovery from
the devastation caused by Hurricanes Katrina and Rita. The City-Parish
is located within a declared disaster area pursuant to Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. The
City-Parish requested this waiver in addition to the waivers granted by
HUD on September 14, 2005 (Hurricane Katrina) and October 4, 2005
(Hurricane Rita) for the designated disaster areas. The corresponding
requirement in the Cranston-Gonzalez National Affordable Housing Act
(the Act) must be
[[Page 15785]]
suspended under the authority of section 290 of the Act.
Nature of Requirement: Section 92.500(d)(1)(B) of HUD's regulations
(24 CFR 92.500(d)(1)(b) requires that a participating jurisdiction
commit its annual allocation of HOME funds within 24 months after HUD
notifies the participating jurisdiction that HUD has executed the
jurisdiction's HOME Investment Partnership Agreement.
Granted By: Pamela H. Patenaude, Assistant Secretary for Community
Planning and Development.
Date Granted: December 5, 2006.
Reason Waived: It was determined that the recovery of the City of
Baton Rouge-Parish of East Baton Rouge from the devastation caused by
Hurricane Katrina and Hurricane Rita would be facilitated by waiving
the FY 2004 HOME commitment requirement. This waiver would ensure that
needed HOME funds are not deobligated and that the City-Parish has
sufficient time to complete the processing of its contract backlog.
Contact: Virginia Sardone, Office of Affordable Housing Programs,
Office of Community Planning and Development, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 7158, Washington, DC
20410-7000, telephone (202) 708-2470.
Regulation: 24 CFR 92.500(d)(1)(C).
Project/Activity: The Jefferson Parish Consortium, Louisiana
(Consortium), requested a waiver to facilitate its recovery from the
devastation caused by Hurricanes Katrina and Rita. The Consortium is
located within a declared disaster area pursuant to Title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. The
Consortium requested this waiver in addition to the waivers granted by
HUD on September 14, 2005 (Hurricane Katrina) and October 4, 2005
(Hurricane Rita) for the designated disaster areas.
Nature of Requirement: Section 92.500(d)(1)(C) of HUD's regulations
(24 CFR 92.500(d)(1)(C)) requires that a participating jurisdiction
expend its annual allocation of HOME funds within five years after HUD
notifies the participating jurisdiction that HUD has executed the
jurisdiction's HOME Investment Partnership Agreement.
Granted By: Pamela H. Patenaude, Assistant Secretary for Community
Planning and Development.
Date Granted: December 5, 2006.
Reasons Waived: It was determined that recovery of the Consortium
from the devastation caused by Hurricane Katrina and Hurricane Rita
would be facilitated by granting a waiver of the FY 2001 HOME
expenditure requirement. The waiver would ensure that needed HOME funds
are not deobligated, and that the Consortium had sufficient time to
rebuild its capacity and housing delivery systems. HUD did not grant a
waiver of the FY 2002 HOME expenditure requirement at this time. Before
considering additional waivers, HUD required assurances that the
Consortium is acting expeditiously, and has completed a conditions
inventory of its HOME-assisted properties.
Contact: Virginia Sardone, Office of Affordable Housing Programs,
Office of Community Planning and Development, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 7158, Washington, DC
20410-7000, telephone (202) 708-2470.
Regulation: 24 CFR 576.21(b), 42 U.S.C. 11374(a)(2)(B).
Project/Activity: The city of Miami, Florida, requested a waiver of
the Emergency Shelter Grants (ESG) program statutory provision at 42
U.S.C. 11374(a)(2)(B) and regulation at 24 CFR 576.21(b).
Nature of Requirement: The McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11374(a)(2)(B)) provides that no more than 30 percent of a
recipient's grant may be used for essential services. This is
requirement is found at 24 CFR 576.21(b). The Act further provides a
statutory waiver (42 U.S.C. 11374(b)) of the 30 percent limitation, if
the Secretary finds that a recipient ``demonstrates that the other
eligible activities under the program are already being carried out in
the locality with other resources.'' This waiver authority is found at
24 CFR 576.21(c). A variety of services addressing homeless needs are
eligible essential services, including those concerned with employment,
health, drug abuse and education.
Granted By: Pamela H. Patenaude, Assistant Secretary for Community
Planning and Development.
Date Granted: December 5, 2006.
Reason Waived: The city of Miami met the statutory standard for
waiving the 30 percent limitation on essential services. The city of
Miami provided a letter that demonstrated that other categories of ESG
activities would be carried out locally with other resources.
Therefore, it was determined that the waiver was appropriate.
Contact: Mike Roanhouse, Office of Program Coordination and
Analysis Division, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 7262, Washington, DC 20410-7000, telephone (202) 708-1226.
II. Regulatory Waivers Granted by the Office of Housing-Federal Housing
Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows the
description of the waiver granted.
Regulation: 24 CFR 203.43f(c)(i) and 24 CFR
203.43f(d)(ii).
Project/Activity: State of Louisiana.
Nature of Requirement: HUD regulations at 24 CFR 203.43f(c)(i)
require that manufactured homes which have not been permanently sited
for more than one year prior to the date of application for mortgage
insurance must have the finished grade beneath the manufactured home at
or above the 100-year return frequency flood elevation. Section
203.43f(d)(ii) of the regulations provides that manufactured homes
which have been permanently erected on a site for more than one year
prior to the date of application for mortgage insurance must have the
finished grade level beneath the manufactured home at or above the 100-
year return frequency flood elevation.
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 12, 2006.
Reason Waived: The waiver allowed manufactured homes, located in
the State of Louisiana, to be installed in accordance to the
requirements for the National Flood Insurance Program (NIFP) found at
44 CFR 60.3. Thus, the waiver permitted the placement of FHA mortgage
insurance on manufactured homes in the State of Louisiana, in flood
designated areas, with the lowest floor at or above the 100-year
frequency, and otherwise conforming with HUD requirements for Title II
financing of manufactured homes.
Contact: Joanne Kuczma, Director (Acting), Home Mortgage Insurance
Division, Office of Single Family Housing, Office of Housing Department
of Housing and Urban Development, 451 Seventh Street, SW., Rm. 9266,
Washington, DC 20410-8000, telephone (202) 708-2121.
Regulation: 24 CFR 219.220(b).
Project/Activity: Asbury Park, New Jersey (Asbury Towers, FHA
Project Number 031-016NI). The Philadelphia Multifamily Hub requested
waiver of this regulation to permit an extension of maturity date for
the Flexible Subsidy Loan.
Nature of Requirement: HUD's regulations at 24 CFR 219.220(b)
governs the repayment of assistance provided under the Flexible Subsidy
Program for Troubled Projects, and
[[Page 15786]]
states in part: ``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 action would
typically terminate FHA involvement with the property and the Flexible
Subsidy Loan would be repaid at that time.
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 15, 2006.
Reason Waived: The waiver was granted to allow the project to
continue to be maintained as a Section 236 housing resource. Pursuant
to the waiver, the requirement for repayment of the Flexible Subsidy
Loan at the prepayment of the non-insured Section 236 mortgage was
waived to allow the Flexible Subsidy Loan, plus accrued interest, to be
extended until the expiration of the decoupling Use Agreement. Payments
would accrue until the expiration date of the Decoupling Use Agreement,
November 1, 2025. All surplus cash realized at the end of any fiscal
year must be applied to the Flexible Subsidy Loan debt.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 236.725.
Project/Activity: New Brunswick, New Jersey (Halls Corner
Apartments--FHA Project Number: 031-078NI). The Philadelphia
Multifamily Hub requested waiver of this regulation to permit the
continuation of Rental Assistance Payments after the payoff of the
original non-insured Section 236 mortgage under a Section 236(e)(2)
Decoupling transaction.
Nature of Requirement: The regulations in 24 CFR 236.725 require
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: December 14, 2006.
Reason Waived: The waiver was granted to allow Halls Corner
Apartments to be maintained as an affordable housing resource to the
maturity date of the non-insured Section 236 mortgage plus an
additional 5 years. The project is a 154-unit high-rise complex
occupied by senior residents, which provides 65 rental assistance
payments assisted units. The project is being processed under the
Section 236 Decoupling program wherein the project may refinance its
Section 236 non-insured mortgage and continue to receive the Section
236 Interest Reduction Payment (IRP) subsidy predicated on the project
entering into a recorded Use Agreement that will restrict it to be
operated under the Section 236 program requirements until the maturity
date of the original non-insured Section 236 mortgage, plus an
additional 5 years. By regulation, the Rental Assistance Payment (RAP)
subsidy would generally terminate upon the prepayment of the non-
insured Section 236 mortgage. The waiver was predicated on the fact
that the Decoupling proposal did not request an increase in the Section
236 units, hence the RAP subsidy is not being increased based on this
transaction.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 290.30(a).
Project/Activity: Bronx, New York (Parkview Apartments--FHA Project
Nos. 012-57029V and 57029W). The New York Multifamily Hub requested
prepayment approval for two HUD-held mortgages and assignment of the
mortgages to a new mortgagee.
Nature of Requirement: The regulations in 24 CFR Part 290, subpart
B require that HUD-held multifamily mortgages be sold on a competitive
basis, except for certain ``negotiated'' sales to state or local
governments. Section 290.30(a) of those regulations (24 CFR 290.30(a))
state that ``[e]xcept as otherwise provided in Section 290.31(a)(2),
HUD will sell HUD-held multifamily mortgages on a competitive basis.''
Section 290.31(a)(2) permits ``negotiated'' sales to state or local
governments for mortgage loans that are current and secured by
subsidized projects, provided such loans are sold with FHA insurance.
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 14, 2006.
Reason Waived: The waiver was granted to allow a non-competitive
sale to New York Community Bank. The owner, in lieu of paying off the
mortgages directly, requested that the HUD loans secured by the project
be assigned to New York Community Bank for mortgage tax savings
purposes. New York Community Bank agreed to these assignments and to
pay the full amount of the HUD loans.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000; telephone
(202) 708-3730.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mace Apartments, Jamestown, TN, Project Number:
087-HD048/TN37-Q051-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 2, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Luther Ridge, Oregon, OH, Project Number: 042-
EE185/OH12-S041-021.
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 4, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Heritage Place III, Coeur d'Alene, ID, Project
Number: 124-EE022/ID16-S041-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 27, 2006.
Reason Waived: The project is economically designed and comparable
[[Page 15787]]
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mont Marie Senior Residence, Holyoke, MA, Project
Number: 023-EE181/MA06-S041-006.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 30, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Third Ward VOA Elderly Housing, St. Louis, MO,
Project Number: 085-EE081/MO36-S041-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 1, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Abilities at English Park, Inc., Melbourne, FL,
Project Number: 067-HD095/FL29-Q041-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 22, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Fifth and Stone Senior Housing, Spokane, WA,
Project Number: 171-EE022/WA19-S051-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 22, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: South Hadley Supportive Housing, South Hadley,
MA, Project Number: 023-EE178/MA06-S041-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 26, 2006.
Reason Waived: The project is economically designed and comparable
in cost to similar projects in the area, and the sponsor/owner
exhausted all efforts to obtain additional funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: NCR Tucson, Tucson, AZ, Project Number: 123-
EE085/AZ20-S021-003.
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: November 3, 2006.
Reason Waived: The project is economically designed and comparable
to similar projects in the area, and the sponsor/owner exhausted all
efforts to obtain additional funding from other sources. The sponsor/
owner required additional time to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Spring Ridge, Rockford, IL, Project Number: 071-
EE195/IL06-S041-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation of the capital advance is 18 months from the date of
issuance with limited exceptions up to 24 months, as approved by HUD on
a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 4, 2006.
Reason Waived: The project is economically designed and comparable
to similar projects in the area, and the sponsor/owner exhausted all
efforts to obtain additional funding from other sources. The sponsor/
owner required additional time to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Laurel Place West Hollywood, Inc., West
Hollywood, CA,
[[Page 15788]]
Project Number: 122-EE187/CA16-S031-003.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 12, 2006.
Reason Waived: The sponsor/owner needed additional time to resolve
legal issues and to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: The Seasons of Hartford, Hartford, CT, Project
Number: 017-EE071/CT26-S021-003.
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: October 12, 2006.
Reason Waived: The sponsor/owner needed additional time to resolve
environmental issues and to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Gonzaga Village, West Allis, WI, Project Number:
075-EE127/WI39-S031-007.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 16, 2006.
Reason Waived: The sponsor/owner needed additional time to resolve
issues with the local municipality and to obtain a building permit.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, Room 6134, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Gulfport Manor, Gulfport, MS, Project Number:
065-EE031/MS26-S001-002.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 17, 2006.
Reason Waived: The sponsor/owner needed additional time to resolve
parking issues raised by the city of Gulfport Zoning board.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, Room 6134, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Whalley Avenue Housing II, New Haven, CT, Project
Number: 017-HD031/CT26-Q011-003.
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: October 19, 2006.
Reason Waived: The sponsor/owner needed additional time to secure
secondary financing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Caring Residential Services II, Pleasantville,
NJ, Project Number: 035-EE046/NJ39-S031-002.
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, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: The Presbyterian Homes at Dover, Dover Township,
NJ, Project Number: 035-EE050/NJ39-S041-004.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 24, 2006.
Reason Waived: The sponsor/owner needed additional time to obtain a
building permit.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Haven House at St. John of God, North Cape May,
NJ, Project Number: 035-EE049/NJ39-S041-003.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 25, 2006.
Reason Waived: The sponsor/owner needed additional time to obtain
soil conservation, and water line extension permits.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Room 6134, Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Roncalli Apartments, Augusta, ME, Project Number:
024-EE085/ME35-S041-003.
Nature of Requirement: Section 891.165 provides that the duration
of
[[Page 15789]]
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 26, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Spruce Manor, Jacksonville, IL, Project Number:
072-HD132/IL06-Q021-019.
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, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
the firm commitment.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Senior Residence at Kapolei, Kapolei, HI, Project
Number: 140-EE024/HI10-S011-001.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 27, 2006.
Reason Waived: The sponsor/owner needed additional time to obtain
the building permit, subdivide the site, conduct an appraisal and
review financing documents.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Loudon VOANNE Senior Housing, Loudon, NH, Project
Number: 024-EE076/NH36-S041-001.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 27, 2006.
Reason Waived: The sponsor/owner needed additional time to revise
the firm commitment and to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hale Mahaolu 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 27, 2006.
Reason Waived: The sponsor/owner needed additional time to find
another architect and obtain building permits.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Soundview Senior Residence, Bronx, NY, Project
Number: 012-EE318/NY36-S011-012.
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, 2006.
Reason Waived: The sponsor/owner needed additional time to obtain
insurance certificates and building permits.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Marshall Road, Wellesley, MA, Project Number:
023-HD181/MA06-Q011-009.
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: October 30, 2006.
Reason Waived: The sponsor/owner needed additional time to secure
secondary financing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Renaissance Court, Wilsonville, OR, Project
Number: 126-HD039/OR16-Q041-001.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 1, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Clam Bayou Apartments, St. Petersburg, FL,
Project Number: 067-HD094/FL29-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.
[[Page 15790]]
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 1, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Balsam Terrace, Jacksonville, IL, Project Number:
072-EE147/IL06-S021-011.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 1, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
the firm commitment.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Columbia Supportive Living, Knowlton, NJ, Project
Number: 031-HD131/NJ39-Q021-001.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 1, 2006.
Reason Waived: The sponsor/owner needed additional time to obtain
the building permits.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Mt. Olive Manor II, Flanders, NJ, Project Number:
031-EE064/NJ39-S041-002.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 3, 2006.
Reason Waived: The sponsor/owner needed additional time to secure
secondary financing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: NCR of Sterling Heights II, Detroit, MI, Project
Number: 044-EE092/MI28-S041-002.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 3, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Alvin Malcolm Senior Residence, Bronx, NY,
Project Number: 012-EE331/NY36-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 3, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Convent Hill Apartments, Milwaukee, WI, Project
Number: 075-EE133/WI39-S041-004.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 3, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing for this mixed finance project.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Sky Forest Acres, South Lake Tahoe, CA, Project
Number: 136-HD014/CA30-Q011-001.
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 3, 2006.
Reason Waived: The sponsor/owner needed additional time to secure a
new contractor.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Tupqich Elder Apartments, Kotzebue, Alaska,
Project Number: 176-EE038/AK19-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: November 6, 2006.
Reason Waived: The sponsor/owner needed additional time for new
board members to obtain previous participation clearance.
[[Page 15791]]
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Crowley House, Lyons, NY, Project Number: 014-
HD126/NY06-Q041-006.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 8, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Forest Hills Senior Apartments, Forest Hills, PA,
Project Number: 033-EE122/PA28-S041-004.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 8, 2006.
Reason Waived: The sponsor/owner needed additional time to secure
secondary financing and to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Aliff Place Apartments, Fort Gay, WV, Project
Number: 045-HD040/WV15-Q041-002.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 8, 2006.
Reason Waived: The sponsor/owner needed additional time to redesign
the project.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: TBD, Kennebunk, ME, Project Number: 024-HD045/
ME36-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 8, 2006.
Reason Waived: The sponsor/owner needed additional time to redesign
the project.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Heritage Place III, Coeur d'Alene, ID, Project
Number: 124-EE022/ID16-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 15, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Brush Hill Residences, Yarmouth, MA, Project
Number: 023-HD182/MA06-Q011-010.
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 15, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Cornerstone Homes, New Orleans, LA, Project
Number: 064-EE167/LA48-S041-005.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 15, 2006.
Reason Waived: The sponsor/owner needed additional time to approve
a new site, prepare the firm commitment and to prepare for initial
closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Abilities at English Park, Inc., Melbourne, FL,
Project Number: 067-HD095/FL29-Q041-002.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 15, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
[[Page 15792]]
Regulation: 24 CFR 891.165.
Project/Activity: Jennings Senior Housing, San Rosa, CA, Project
Number: 121-EE178/CA39-S041-009.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 16, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: St. Dominic's Apartments, Fall River, MA, Project
Number: 023-EE167/MA06-S031-002.
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 30, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Villa Regina, West Palm Beach, FL, Project
Number: 066-EE086/FL29-S011-010.
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: December 4, 2006.
Reason Waived: The sponsor/owner needed additional time to revise
the firm commitment and to prepare for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Rosati House Apartments, St. Louis, MO, Project
Number: 085-HD041/MO36-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: December 5, 2006.
Reason Waived: The sponsor/owner needed additional time to secure
secondary financing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Kent Gardens Senior Community, San Lorenzo, CA,
Project Number: 121-EE172/CA39-S041-003.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 6, 2006.
Reason Waived: The sponsor/owner needed additional time to submit
the firm commitment.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Quest Manor I, Canton, OH, Project Number: 042-
HD118/OH12-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: December 11, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Applewood Place II, Mansfield, OH, Project
Number: 042-EE183/OH12-S041-019.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 11, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Luther Ridge, Oregon, OH, Project Number: 042-
EE185/OH12-S041-021.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 11, 2006.
Reason Waived: The sponsor/owner needed additional time to resolve
a road issue and to perform additional sewer work.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: VOA Sandusky, Sandusky, OH, Project Number: 042-
HD110/OH12-Q021-008.
[[Page 15793]]
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 11, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Caring Residential Services II, Pleasantville,
NJ, Project Number: 035-EE046/NJ39-S031-002.
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 11, 2006.
Reason Waived: The sponsor/owner needed additional time to prepare
for initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW, Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Howland Housing, Howland Twp, OH, Project Number:
042-EE161/OH12-S031-014.
Nature of Requirement: Section 891.165 provides that the duration
of the fund reservation of the capital advance is 18 months from the
date of issuance with limited exceptions up to 24 months, as approved
by HUD on a case-by-case basis.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 22, 2006.
Reason Waived: The sponsor/owner needed additional time to submit
the firm commitment.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.410(c).
Project/Activity: Pittsburgh, New Hampshire (Echo Valley Village--
FHA Project Number 024-EE040). The Boston Multifamily Hub requested
waiver of the very low-income and age requirements for five units at
this property due to severe vacancy problems.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy).
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 4, 2006.
Reason Waived: The waiver was granted in order to allow the owner
flexibility in renting up vacant units at the project. The property was
only able to achieve 100 percent occupancy during September 2004
through December 2004. The property received applications, but the
applicants did not meet the age and/or income requirements. The
property manager continued to work closely with community
organizations, as well as advertise through various media outlets to
attract very low-income and age eligible applicants. This waiver only
permits admission of near elderly and/or lower-income applicants when
there are no very low-income or age eligible applicants to fill
vacancies. Without this waiver the current occupancy level would not
support the operations of the project. This waiver is good for one year
and applies to this property only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Rochester, New York (Brown's Memorial Manor--FHA
Project Number 014-EE200). The Buffalo Multifamily Hub has requested a
waiver reduction of the age limit from 62 to 55 years of age for the
subject property because of current vacancy problems.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy).
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 31, 2006.
Reason Waived: The waiver was granted to allow the owner/managing
agent flexibility in renting up vacant units. At the time of the waiver
request, the project had 13 occupied and 9 vacant units with no waiting
list. An age waiver allowed the project to operate successfully and
achieve full occupancy by permitting admission of applicants who meet
the definition of very low-income and are 55 years of age and older
when there are no very low-income elderly applicants available. This
waiver is good for one year and applies to this project only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Waukesha, Wisconsin (Sunset Heights--FHA Project
Number 075-EE036). The Milwaukee Multifamily Hub requested a one-year
waiver of the age and income requirements for this property to help
alleviate the current occupancy problem.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy.)
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 31, 2006.
Reason Waived: The waiver was granted to permit admission of lower-
income elderly applicants (income between 51 and 80 percent of median),
when there are no very low-income elderly applicants to fill vacant
units. The property's management agent continued to aggressively
advertise and
[[Page 15794]]
market the property. The waiver allowed the property to operate
successfully and attain full occupancy. This waiver is good for one
year and applies to this property only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Leachville, Arkansas (Mature Living of
Leachville, FHA Project Number 082-EE013). The Fort Worth Multifamily
Hub requested an age restriction waiver for this Section 202 Supportive
Housing for the Elderly project because of current vacancy problems.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy).
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner
Date Granted: November 1, 2006.
Reason Waived: The waiver was granted based on the current
occupancy problems. At the time of the waiver request, the property
experienced a 40 percent vacancy factor over the past four months and
an overall 38 percent vacancy factor over the past six months and had 6
vacant units. The management agent exercised acceptable marketing
efforts but due to insufficient market demand, the project experienced
difficulty. Waiver of the regulations allowed the owner to admit
applicants who at initial occupancy failed to meet the statutory age
limit of 62 years of age or older and stabilize the project's current
financial status and prevent foreclosure. The waiver is good for one
year and applies to this property only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Somerset, Kentucky (Westbrooke Apartments--FHA
Project Number 083-EE017). The Atlanta Multifamily Hub requested waiver
of the very low-income limit and reduction of the age limit for this
property to assist in renting up vacant units.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy).
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: November 1, 2006.
Reason Waived: The waiver was granted based on the management
agent's struggles to fill vacant units. The vacancy was attributable to
an insufficient number of eligible applicants within Pulaski County.
Also, several residents relocated to a newly constructed 24-unit tax
credit property, which offers more amenities making it difficult to
attract very low-income elderly persons. Waiver of this regulation
allowed flexibility to offer units to individuals who meet the
definition of lower income, near elderly and thus, the owner would be
able to increase occupancy levels and successfully achieve full
occupancy at the property. This waiver is good for one year and applies
to this property only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000; telephone
(202) 708-3730.
Regulation: 24 CFR 891.410(c).
Project/Activity: Parker, Pennsylvania (Parker Heights Apartments--
FHA Project Number 033-EE109). The Pittsburgh Multifamily Program
Center requested waiver of the age and income requirements for this
property to alleviate the current occupancy problem.
Nature of Requirement: HUD regulations at 24 CFR part 891 require
admission of families to projects for the elderly or handicapped that
receive reservations under Section 202 of the Housing Act of 1959 and
housing assistance under Section 8 of the U.S. Housing Act of 1937.
Section 891.410(c) limits occupancy to very low-income elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at the time of initial occupancy.)
Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 15, 2006.
Reason Waived: The waiver was granted because the project
experienced difficulty in leasing units to the elderly. Providing for
waiver of the age and very-low income requirements allowed the owner
additional flexibility in attempting to rent vacant units and perhaps
start a waiting list. The owner/management of this property was allowed
to rent units to those persons who are at low-income limits between 51
and 80 percent of median income, and to those persons who are near-
elderly, between the ages of 55 and 62. This waiver is good for one
year and applies to this property only.
Contact: Beverly J. Miller, Director, Office of Asset Management,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6160, Washington, DC 20410-8000, telephone
(202) 708-3730.
Regulation: 24 CFR 891.830(b).
Project/Activity: Kent Gardens Senior Community, San Lorenzo, CA,
Project Number: 121-EE172/CA39-S041-003.
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 drawdown schedule approved by HUD.
Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 14, 2006.
Reason Waived: In order to not delay the construction of this mixed
finance project, the waiver permitted the capital advance funds to be
drawn down using a different mechanism, as approved by HUD, than a pro
rata basis. However, the capital advance funds were not permitted to be
drawn down any faster than a pro rata disbursement basis would have
permitted.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Kent Gardens Senior Community, San Lorenzo, CA,
Project Number: 121-EE172/CA39-S041-003.
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.
[[Page 15795]]
Date Granted: December 14, 2006.
Reason Waived: Since this is a mixed finance project, the waiver
permitted capital advance funds to be used to pay off that portion of a
bridge or construction financing that strictly relates to capital
advance eligible costs. Such costs are to be documented in the owner's
audited cost certification and approved by the Program Center as
capital advance eligible.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing and
Urban Development, 451 Seventh Street, SW., Room 6134, Washington, DC
20410-8000, telephone (202) 708-3000.
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 902.20, 902.30, 902.40, 902.50 and 24
CFR part 985.
Project/Activity: Dallas Housing Authority (TX009), Dallas, TX.
Nature of Requirement: The objective of 24 CFR 902.20 is to
determine whether a housing authority (HA) is meeting the standard of
decent, safe, sanitary, and in good repair. HUD's 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. Additionally, the regulation
establishes certain reporting compliance dates; namely, the Audited
financial statements are required to be submitted no later than nine
months after the HA's Fiscal Year End (FYE), in accordance with the
Single Audit Act and OMB Circular A-133 (24 CFR 902.30), and the
Management operations certifications are required to be submitted
within two months after the HA's FYE (24 CFR 902.40). The Resident
Service and Satisfaction Indicator is performed through the use of a
survey. The HA is responsible for completing implementation plan
activities and developing a follow-up plan (24 CFR 902.50).
The objective of 24 CFR part 985 is to assist eligible families
afford decent rental units at the correct subsidy cost, and to measure
HA performance in seven key Section 8 performance indicators under the
Section 8 Management Assessment Program (SEMAP) through annual
certification.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 27, 2006.
Reason Waived: The Dallas Housing Authority assisted thousands of
displaced families that were evacuated from the Gulf Coast region due
to Hurricane Katrina. The HA rapidly mobilized its staff and provided
housing referral services at two convention centers, coordinated
resources of neighboring public housing agencies and provided a central
processing facility at its administrative offices for volunteer
organizations that provided temporary shelter, food and transportations
for evacuees. The HA also matched vacant public housing units with
families in need of housing. Consequently, the unexpected hurricane
disaster diverted a significant portion of staff efforts from complying
with the Public Housing Assessment System (PHAS) requirements. The HA
requested and received approval waiving all PHAS indicators and overall
PHAS score under 24 CFR part 902, and all the SEMAP indicators under 24
CFR part 985, for fiscal year ending December 31, 2006.
Contact: Myra E. Newbill, Acting Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410-5000, telephone (202) 475-8988.
Regulation: 24 CFR 902.30.
Project/Activity: Dallas Housing Authority (TX009), Dallas, TX.
Nature of Requirement: The regulation establishes certain reporting
compliance dates. The audited financial statements are required to be
submitted 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: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: November 28, 2006.
Reason Waived: The HA requested a waiver for the removal of the
Late Presumptive Failure (LPF) score of zero for the audited Financial
Assessment Subsystem (FASS) indicator whose submission due date of
September 30, 2006, was extended to October 9, 2006 for FYE December
30, 2005. The HA's key financial staff was unable to properly prepare
for the fiscal year audit due to extensive and unplanned work with the
Federal Emergency Management Agency (FEMA). The HA was involved with
FEMA in providing housing in the Dallas area in the aftermath of
Hurricanes Katrina and Rita. The financial staff was diverted from
their regular responsibilities to set up financial systems to properly
account for FEMA activities. The waiver granted an extension of the
FASS requirements for FYE December 31, 2005, the removal of the LPF
score of zero under the FASS indicator, and the submission of the
audited financial data and generation of a new PHAS score.
Contact: Myra E. Newbill, Acting Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410-5000, telephone (202) 475-8988.
Regulation: 24 CFR 902.30.
Project/Activity: Ingram County Housing Commission (MI168), Okemos,
MI.
Nature of Requirement: The regulation establishes certain reporting
compliance dates. The audited financial statements are required to be
submitted 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: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: November 29, 2006.
Reason Waived: The HA requested a waiver of the Late Presumptive
Failure (LPF) score of zero of the audited financial score under the
Financial Assessment Subsystem (FASS) indicator for FYE September 30,
2005. Due to its designation as a Small Public Housing Agency, the HA
will not receive a Public Housing Assessment System (PHAS) score. The
HA, however, was required to submit its audited financial submission
due June 30, 2006. The HA originally submitted the audited data on June
8, 2006 and the Real Estate Assessment Center (REAC) rejected the
submission on July 3, 2006 and established a new resubmission date of
July 18, 2006. The HA's submission was not submitted timely, because
the HA's auditor was on leave. The HA's Executive Director did
everything in his capacity to remind and follow-up with the auditor on
the resubmission of the rejected audited financial data. The reasons
the resubmission was not timely completed were due to circumstances
beyond the HA's control. The waiver allowed the HA to resubmit its
audited financial data.
Contact: Myra E. Newbill, Acting Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410-5000, telephone (202) 475-8988.
Regulation: 24 CFR 902.30.
[[Page 15796]]
Project/Activity: Macoupin County Housing Authority (IL047),
Carlinville, IL.
Nature of Requirement: The regulation establishes certain reporting
compliance dates. The audited financial statements are required to be
submitted 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: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 14, 2006.
Reason Waived: The HA requested reconsideration of the decision
denying the HA's initial appeal because the HA did not provide evidence
that an objectively and material error occurred that resulted in the HA
receiving a designation of Substandard Financial Performer for fiscal
year ending (FYE) September 30, 2005 under the Financial Assessment
Subsystem (FASS) indicator. The HA contended that its FASS score is not
a true reflection of the HA's financial status because the HA did not
receive permanent financing on construction loan for a 46-unit
independent low-income living facility that was classified as current
debt until the new fiscal year. The waiver granted the removal of the
Substandard Financial Public Housing Assessment System (PHAS)
designation and designation of the HA as a Standard Performer
Contact: Myra E. Newbill, Acting Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410-5000, telephone (202) 475-8988.
Regulation: 24 CFR 902.30.
Project/Activity: Indianapolis Housing Authority (IN017),
Indianapolis, IN.
Nature of Requirement: The regulation establishes certain reporting
compliance dates. The audited financial statements are required to be
submitted 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: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 4, 2006.
Reason Waived: The HA requested a waiver for the removal of the
Late Presumptive Failure (LPF) score of zero for the audited Financial
Assessment Subsystem (FASS) indicator whose submission due date of
September 30, 2006, was extended to October 9, 2006 for FYE December
30, 2005. On October 6, 2006, the HA's auditor informed the HA that the
financial audited submission was in the second step of a three step
process but due to HA/auditor miscommunication, the third step in the
electronic submission process was not performed. The waiver granted the
HA the removal of the LPF score of zero under the FASS indicator, and
the submission of the audited financial data and generation of a new
Public Housing Assessment System (PHAS) score.
Contact: Myra E. Newbill, Acting Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street, SW., Suite 100,
Washington, DC 20410-5000, telephone (202) 475-8988.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: Charlotte Housing Authority's Waiver for 940
Brevard Senior Apartments for the Piedmont Courts HOPE VI Project:
NC19URD003I103.
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may award itself the construction contract
only if it can demonstrate to HUD's satisfaction that its bid is the
lowest submitted in response to a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 6, 2006.
Reason Waived: This waiver was requested by the Charlotte Housing
Authority (CHA), so Crosland Contractors may serve as the general
contractor for construction of 940 Brevard Senior Apartments, an off-
site component of the Piedmont Courts HOPE VI project. CHA submitted an
independent cost estimate prepared by Construction Cost, Inc. for 940
Brevard Senior Apartments, which totaled $10,330,172. CHA also
submitted the construction contract between Crosland and Crosland
Contractors, which totaled $8,947,378 for construction of 940 Brevard
Senior Apartments. As Crosland Contractor's cost was below that of the
independent cost estimates, HUD's condition was satisfied and the
waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, 451 Seventh Street, SW., Room 4130,
Washington, DC 20140-5000, telephone (202) 401-8812.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: Housing Authority of DeKalb County's Waiver for
Johnson Ferry East, Phase 1 Mixed Finance Project.
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may award itself the construction contract
only if it can demonstrate to HUD's satisfaction that its bid is the
lowest submitted in response to a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 6, 2006.
Reason Waived: This waiver was requested by the Housing Authority
of DeKalb County (HADC) for the redevelopment of the Johnson Ferry East
public housing site, so Norsouth Construction Corporation may serve as
the general contractor. HADC procured Ashford Developers, LLC as the
master developer for the Johnson Ferry East site through a competitive
Request for Qualifications (``RFQ''). Ashford Developers, of which the
Norsouth Corporation is the majority owner, sought to utilize Norsouth
Construction Corporation (``Norsouth Construction''), a related entity
of Norsouth Corporation, to serve as general contractor for Phase 1.
Ashford Developers identified Norsouth Construction as its intended
general contractor in its proposal that was submitted in response to
the RFQ issued by HADC. HADC submitted an independent third-party cost
estimate from Costing Services Group (``CSG''), which totaled
$14,407,688, while Norsouth Construction's totaled $11,287,041. As
Norsouth Construction's cost was below that of the independent cost
estimates, HUD's condition was satisfied and the waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, Office of Public and Indian Housing, 451
Seventh Street, SW., Room 4130 Washington, DC 20410-5000, telephone
(202) 401-8812.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: Daytona Beach Housing Authority's Waiver for The
Villages at Halifax Bethune Village/Halifax Park HOPE VI Project:
FL29URD007I102
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may
[[Page 15797]]
award itself the construction contract only if it can demonstrate to
HUD's satisfaction that its bid is the lowest submitted in response to
a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 6, 2006.
Reason Waived: This waiver was requested by the Daytona Beach
Housing Authority (DBHA), so Picerne Construction Corporation may serve
as the general contractor for The Villages at Halifax, an off-site
component of the Bethune Village/Halifax Park HOPE VI project. Picerne
Affordable Development, LLC (Picerne) is the master developer for the
Bethune Village/Halifax Park HOPE VI site. Picerne Construction
Corporation, an affiliate of Picerne, sought to serve as the general
contractor for the construction of the project. DBHA submitted an
independent cost estimate prepared by Carlsson, Inc. for the Villages
at Halifax, which estimated to $11,994,338. The housing authority also
submitted the executed construction contract between Picerne
Construction Corporation and the Villages at Halifax Housing, Ltd.,
LLLP, the ownership entity for the Villages at Halifax, which included
Picerne, totaled $7,178,880 for the construction of The Villages at
Halifax. As Picerne Construction Corporation's cost was below that of
the independent cost estimates. HUD's condition was satisfied and the
waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, Office of Public and Indian Housing, 451
Seventh Street, SW., Room 4130, Washington, DC 20410-5000, telephone
(202) 401-8812.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: Greensboro Housing Authority's Waiver for the
Havens at Willow Oaks, a mixed-finance development in conjunction with
Morningside HOPE VI Project: NC19URD022I298.
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may award itself the construction contract
only if it can demonstrate to HUD's satisfaction that its bid is the
lowest submitted in response to a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 6, 2006.
Reason Waived: This waiver was requested by the Greensboro Housing
Authority (GHA), so that Crosland Contractors, an affiliate of
Crosland, Inc., may serve as general contractor for development of this
project. GHA procured Mid-City Urban, as the Master Developer for the
revitalization of Morningside Homes. For this phase, Mid-City selected
Crosland, Inc. as the developer for the Havens. GHA submitted an
independent cost estimate from Bowen and Associates (Bowen), which
totaled $8,886,896. The guaranteed maximum price bid offered by
Crosland Contractors was $7,237,195. As Crosland Contractor's cost was
below that of the independent cost estimates, HUD's condition was
satisfied and the waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, Office of Public and Indian Housing, 451
Seventh Street, SW., Room 4130, Washington, DC 20410-5000, telephone
(202) 401-8812.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: Charlotte Housing Authority's Waiver for
Springfield Gardens Dalton Village HOPE VI Project: NC19URD003I196.
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may award itself the construction contract
only if it can demonstrate to HUD's satisfaction that its bid is the
lowest submitted in response to a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 6, 2006.
Reason Waived: This waiver was requested by the Charlotte Housing
Authority's (CHA), so that Crosland Contractors may serve as the
general contractor for construction of Springfield Gardens, an off-site
component of the Dalton Village HOPE VI project. Crosland, Inc. is the
master developer for the Dalton Village HOPE VI site. Crosland, Inc. is
also the component developer for the Springfield Gardens phase of the
HOPE VI project. Crosland Contractors, an affiliate of Crosland, Inc.,
sought to serve as the general contractor for construction of the
project. CHA submitted an independent cost estimate prepared by
Construction Cost, Inc. for Springfield Gardens, which totaled
$9,954,241. CHA also submitted the construction contract between
Crosland and Crosland Contractors, which totaled $7,691,195 for
construction of Springfield Gardens. As Crosland Contractor's cost was
below that of the independent cost estimates, HUD's condition was
satisfied and the waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, Office of Public and Indian Housing, 451
Seventh Street, SW., Room 4130, Washington, DC 20410-5000, telephone
(202) 401-8812.
Regulation: 24 CFR 941.606(n)(l)(ii)(B).
Project/Activity: San Antonio Housing Authority's (SAHA) Alhambra
Apartments. Mixed Finance Project Number: TX006-146.
Nature of Requirement: The provision requires that if the partner
and/or owner entity (or any other entity with an identity of interest
with such parties) wants to serve as a general contractor for the
project or development, it may award itself the construction contract
only if it can demonstrate to HUD's satisfaction that its bid is the
lowest submitted in response to a public request for bids.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 18, 2006.
Reason Waived: The San Antonio Housing Authority (SAHA) procured
NRP Group, LLC as the master developer for the Alhambra Apartments site
through a competitive Request for Proposal (RFP). NRP, LLC was
identified in the response to the RFP as the intended general
contractor. NRP Construction did not bid to become the general
contractor, as specified by this provision of the mixed-finance
regulation, but SAHA provided documentation that the construction costs
were reasonable and within HUD's requirements. SAHA submitted with the
waiver request a certification by Wiles Associates (Wiles), an
independent third-party cost estimator, who reviewed the full plans and
the proposed construction costs. In a letter dated September 5, 2006,
Wiles certified the costs were reasonable for the market area. HUD
reviewed the Rental Term Sheet, the mixed-finance proposal, the project
evidentiaries, and related budgets and determined that the construction
costs for this project were reasonable and below the independent cost
estimates submitted by the SAHA. The Wiles construction cost estimate
is $61.73 per square foot, while NRP Construction's total price is
$59.57 per square foot. This amount was below the
[[Page 15798]]
Wiles estimate by $2.16 a square foot. As NRP Construction's cost was
below that of the independent cost estimates, HUD's condition was
satisfied and the waiver was granted.
Contact: Dominique Blom, Deputy Assistant Secretary for the Office
of Public Housing Investments, Office of Public and Indian Housing, 451
Seventh Street, SW., Room 4130, Washington, DC 20410-5000, telephone
(202) 401-8812.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the City of Flagstaff
(HACF), Flagstaff, AZ. The HACF requested a waiver regarding exception
payment standards so that it could provide a reasonable accommodation
to a person with disabilities.
Nature of Requirement: Section 982.505(d) states that a public
housing agency may only approve a higher payment standard for a family
as a reasonable accommodation if the higher payment standard is within
the basic range of 90 to 110 percent of the fair market rent (FMR) for
the unit size.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: October 12, 2006.
Reason Waived: The new tenant, who has multiple sensitivities and
disabilities, required an unattached single dwelling home on a private
lot to accommodate her disabilities. To provide a reasonable
accommodation, an exception payment standard that exceeded the basic
range of 90 to 110 percent of the fair market rent was approved.
Contact: Dr. Alfred Jurison, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-
5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the City of Los Angeles
(HACLA), Los Angeles, CA. The HACLA requested a waiver regarding
exception payment standards so that it could provide a reasonable
accommodation to a person with disabilities.
Nature of Requirement: Section 982.505(d) states that a public
housing agency may only approve a higher payment standard for a family
as a reasonable accommodation if the higher payment standard is within
the basic range of 90 to 110 percent of the fair market rent (FMR) for
the unit size.
Granted by: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 6, 2006.
Reason Waived: The assisted client, who is developmentally disabled
and requires a live-in aide, had extreme difficulty locating another
unit that met his needs. The client's family searched extensively for
another suitable unit to no avail. Without an exception payment
standard, the client's rent burden would be over 100 percent of his
monthly-adjusted income. To provide a reasonable accommodation, an
exception payment standard that exceeded the basic range of 90 to 110
percent of the fair market rent was approved.
Contact: Dr. Alfred Jurison, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-
5000, telephone, (202) 708-0477.
Regulation: 24 CFR 982.207(b)(3).
Project/Activity: Berkeley Housing Authority (BHA), Berkeley, CA.
The BHA requested a waiver of a selection preference regulation in
order to select Housing Opportunities for Persons with AIDS (HOPWA)-
eligible families to occupy 10 of the units receiving project-based
voucher assistance at the 97-unit Oxford Plaza project.
Nature of Requirement: Section 982.207(b)(3) which governs tenant
selection under the project-based voucher program, states that a
housing agency may adopt a preference for admission of families that
include a person with disabilities, but may not adopt a preference for
persons with a specific disability.
Granted By: Orlando J. Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 21, 2006.
Reason Waived: Since by law persons with HIV/AIDS only may occupy
units developed with HOPWA funds, a public housing agency may only
authorize occupancy of such units that also receive project-based
voucher assistance by persons with HIV/AIDS. Therefore, in selecting
families to refer to the owner for occupancy of these units, the BHA
will have to pass over persons on its waiting list until it reaches a
person with HIV/AIDS who is interested in moving into one of these
units at the Oxford Plaza project.
Contact: Dr. Alfred Jurison, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-
5000, telephone (202) 708-0477.
Regulation: 24 CFR 983.55(b).
Project/Activity: Housing Authority of Americus (HAA), Americus,
GA. The HAA requested a waiver of this regulation so that it could
attach PBV to units at Verandah Apartments.
Nature of Requirement: Section 983.55(b) states that the
appropriate subsidy layering review be completed prior to the execution
of an agreement to enter into a housing assistance payments contract
(AHAP).
Granted By: Orlando Cabrera, Assistant Secretary for Public and
Indian Housing.
Date Granted: November 3, 2006.
Reason Waived: This regulation was waived since the HAA thought it
had met the regulatory requirement for a subsidy layering review since
the Georgia Department of Community Affairs completed one for this
project in connection with Home funding and tax credit funding. The HAA
subsequently submitted this project to HUD Headquarters for the
appropriate subsidy layering review on April 4, 2006.
Contact: Alfred C. Jurison, Director, Housing Voucher Management
and Operations Division, Office of Public Housing and Voucher Programs,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-
5000, telephone (202) 708-0477.
Regulations: 24 CFR part 5 and 24 CFR Chapter IX.
Project/Activity: The PHAs identified in Table 1, are all located
within a presidentially declared disaster area as a result of damages
caused by Hurricanes Katrina and/or Rita or Hurricane Wilma, and each
PHA notified HUD of the need for one or more regulatory waivers made
available to PHAs in Hurricanes Katrina, Rita and Wilma disaster areas
by three Federal Register notices. The first notice is Regulatory and
Administrative Waivers Granted for Public and Indian Housing Programs
to Assist with Recovery and Relief in Hurricane Katrina Disaster Areas,
signed September 27, 2005, and published in the Federal Register on
October 3, 2005 (70 FR 57716), the second notice is Regulatory and
Administrative Waivers Granted for Public and Indian Housing Programs
to Assist with Recovery and Relief in Hurricane Rita Disaster Areas;
and Additional Administrative Relief for Hurricane Katrina, signed
October 25,
[[Page 15799]]
2005, and published in the Federal Register on November 1, 2005 (70 FR
66222), and the third notice is Regulatory and Administrative Waivers
Granted for Public and Indian Housing Programs To Assist With Recovery
and Relief in Hurricane Wilma Disaster Areas, signed on March 7, 2006,
and published in the Federal Register on March 13, 2006 (71 FR 12988):
Nature of Requirements: The three Federal Register notices provided
for waiver of the following regulations, in 24 CFR part 5 and 24 CFR
Chapter IX for those PHAs in the disaster areas that notified HUD
through a special waiver request process designed to expedite both the
submission of regulatory requests to HUD and HUD's response to the
request.
1. 24 CFR 5.216(g)(5) (Disclosure and Verification of Social
Security and Employer Identification Numbers);
2. 24 CFR 5.512(c) (Verification of Eligible Immigration Status;
Secondary Verification);
3. 24 CFR 5.801(c) and 5.801(d) (Uniform Financial Reporting
Standards (UFRS));
4. 24 CFR 902 (Public Housing Assessment System (PHAS));
5. 24 CFR 903.5 (Annual Plan Submission Deadline);
6. 24 CFR 905.10(i) (Capital Fund Formula; Limitation of
Replacement Housing Funds to New Development);
7. 24 CFR 941.306 (Maximum Project);
8. 24 CFR 965.302 (Requirement for Energy Audits);
9. 24 CFR 982.54 (Administrative Plan);
10. 24 CFR 982.206 (Waiting List; Opening and Public Notice);
11. 24 CFR 982.401(d) (Housing Quality Standards; Space
Requirements);
12. 24 CFR 982.503(b) (Waiver of payment standard; Establishing
Payment Standard; Amounts);
13. 24 CFR 984.303 (Contract of Participation; Family Self-
Sufficiency (FSS) Program; Extension of Contract) and 24 CFR 984.105
(Minimum Payment Size);
14. 24 CFR part 985 (Section 8 Management Assessment Program
(SEMAP)); and
15. 24 CFR 990.145 (Dwelling Units with Approved Vacancies).
16. 24 CFR 1000.156 and 1000.158 (IHBG Moderate Design Requirements
for Housing Development).
17. 24 CFR 1000.214 (Indian Housing Plan (IHP) Submission
Deadline).
18. 24 CFR 1003.400(c) and Section I.C. of FY 2005 Indian Community
Development Block Grants (ICDBG) Program Notice of Funding Availability
(NOFA) (Grant Ceilings for ICDBG Imminent Threat Applications).
19. 24 CFR 1003.401 and Section I.C. of FY 2005 ICDBG NOFA
(Application Requirements for ICDBG Imminent Threat Funds).
20. 24 CFR 1003.604 (ICDBG Citizen Participation Requirements).
Both Federal Register notices described the regulatory requirement
in detail and the period of suspension or alternative compliance date.
Granted By: Roy A. Bernardi, Deputy Secretary, granted on the
October 3, 2005 notice and the November 1, 2005 notice, both in the
Federal Register. The March 13, 2006 notice was granted by Orlando J.
Cabrera, Assistant Secretary, Public and Indian Housing, published in
the Federal Register.
Date Granted: Please refer to Table 1. Table 1 identifies public
housing agencies (PHAs) that have requested and were granted the
regulatory waivers made available through the three Federal Register
notices. The table identity's by number (as listed in the Federal
Register notices) the regulatory waivers granted to each housing entity
and identifies whether the housing entity was located in a Hurricane
Katrina, Hurricane Rita or Hurricane Wilma disaster area.
Reason Waived: The regulations waived in the October 3, 2005, and
the November 1, 2005, and the March 13, 2006, Federal Register notices
were waived to facilitate the delivery of safe and decent housing under
HUD's Public Housing programs to families and individuals that were
displaced from their housing as a result of the hurricanes.
Contacts: Reference the items numbers with the items identified in
the aforementioned ``Nature of Requirements'' section for the following
contacts:
Requirements 1, 2 and 8--Nicole Faison, Director, Public
Housing Programs, Office of Public Housing and Voucher Programs, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 4222, Washington, DC 20410-
5000, telephone (202) 708-0744;
Requirements 3, 4 and 15--Wanda F. Funk, Senior Advisor,
Real Estate Assessment Center, Office of Public and Indian Housing,
Department of Housing and Urban Development, 550 12th Street, SW.,
Suite 100, Washington, DC 20410-5000, telephone (202) 475-8736;
Requirement 5--Merrie Nichols-Dixon, Director, Compliance
and Coordination Division, Office of Field Operations, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 4112, Washington, DC 20410-5000, telephone
(202) 708-4016.
Requirements 6 and 7--Jeffery Riddel, Director, Capital
Fund Division, Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 4146, Washington, DC 20410-5000, telephone (202) 401-
8812;
Requirements 9-14--Alfred C. Jurison, Director, Housing
Voucher Management and Operations Division, Office of Public Housing
and Voucher Programs, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477;
Requirements 16-20--Deborah M. Lalancette, Director,
Office of Grants Management, Office of Native American Programs, Office
of Public and Indian Housing, Department of Housing and Urban
Development, 1670 Broadway, Denver, CO 80202, telephone (303) 675-1600.
Table 1
----------------------------------------------------------------------------------------------------------------
Housing Authority name and
hurricane disaster area, (K),
(R) and (W) indicates Date
Housing Authority code whether the Housing Authority Regulatory waivers notification
was located in the hurricane granted, by item No. received
Katrina, Rita or Wilma
disaster area
----------------------------------------------------------------------------------------------------------------
AL169................................. Prichard Housing Authority 14....................... 12/28/06
(K).
FL011................................. Lakeland Housing Authority 12....................... 11/30/06
(W).
FL041................................. Housing Authority of the City 6 & 7.................... 11/17/06
of Fort Pierce (W).
FL055................................. Arcadia Housing Authority (W) 1, 5 & 15................ 11/20/06
FL060................................. Punta Gorda Housing Authority 4, 13 & 14............... 11/07/06
(W).
FL080................................. Palm Beach County Housing 1, 4, 8 & 14............. 12/11/06
Authority (W).
[[Page 15800]]
FL141................................. Collier County Housing 4, 8, 13 & 14............ 12/01/06
Authority (W).
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[FR Doc. E7-5959 Filed 3-30-07; 8:45 am]
BILLING CODE 4210-67-P