[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60782-60800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24608]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5420-N-02]
Notice of Regulatory Waiver Requests Granted for the Second
Quarter of Calendar Year 2010
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 April 1, 2010 and ending on June 30, 2010.
[[Page 60783]]
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, 451 7th Street, SW., Room 10282, Washington, DC 20410-
0500, telephone 202-708-1793 (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 second quarter of calendar year 2010.
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 April
1, 2010 through June 30, 2010. For ease of reference, the waivers
granted by HUD are listed by HUD program office (for example, the
Office of Community Planning and Development, the Office of Fair
Housing and Equal Opportunity, the Office of Housing, and the Office of
Public and Indian Housing, etc.). Within each program office grouping,
the waivers are listed sequentially by the regulatory section of title
24 of the Code of Federal Regulations (CFR) that is being waived. For
example, a waiver of a provision in 24 CFR part 58 would be listed
before a waiver of a provision in 24 CFR part 570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement that appears in 24 CFR and
that is being waived. For example, a waiver of both Sec. 58.73 and
Sec. 58.74 would appear sequentially in the listing under Sec. 58.73.
Waiver of regulations that involve the same initial regulatory
citation are in time sequence beginning with the earliest-dated
regulatory waiver.
Should HUD receive additional information about waivers granted
during the period covered by this report (the second quarter of
calendar year 2010) before the next report is published (the third
quarter of calendar year 2010), HUD will include any additional waivers
granted for the third quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: September 24, 2010.
Helen R. Kanovsky,
General Counsel.
APPENDIX
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development April 1, 2010 Through June
30, 2010
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted.
The regulatory waivers granted appear in the following order:
I. Regulatory waivers granted by the Office of Community
Planning and Development.
II. Regulatory waivers granted by the Office of Housing.
III. Regulatory waivers granted by the Office of Public and
Indian Housing.
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 58.22(a).
Project/Activity: The Town of Jean Lafitte, LA received an
Economic Development Initiative Special Purpose (EDI-SP) grant in
the amount of $248,000 for the construction of the Lafitte Multi-
Purpose Center. The Lafitte Multi-Purpose Center is an education
theater, civic center/emergency shelter, and a fisheries museum that
will provide educational opportunities, cultural opportunities and
emergency response functions. Subsequent to the December 8, 2004
appropriation for the EDI-SP grant, but prior to the completion of a
Federal environmental review and any release of funds from HUD, the
Town of Jean Lafitte spent non-HUD funds on construction activities
for the project.
Nature of Requirement: HUD's regulation at 24 CFR 58.22(a)
requires that an environmental review be performed and a request for
release of funds be completed and certified prior to the commitment
of non-HUD funds to a project using HUD funds.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 12, 2010.
Reason Waived: The waiver was granted based on the following
findings: the project would further the HUD mission and advance HUD
program goals related to community development; the errors made in
the environmental process for the commitment of non-HUD funds were
made in good faith and the Town of Jean Lafitte did not willfully
violate the applicable regulations; no HUD funds were committed;
and, based on the revised environmental assessment and the HUD field
inspection, granting a waiver would not result in any unmitigated,
adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 58.22(a).
Project/Activity: Hopewell Village involves the new construction
of a 71 unit apartment complex to serve independent elderly
residents in Elverson, PA. The residential portion of the
development is to consist of a single three story structure. A
portion of the
[[Page 60784]]
existing former fire station on site is to be retained to serve as a
senior community center and dining facility. Chester County
conditionally awarded HUD HOME funds to the Hopewell Village project
in February 2007. Subsequent to the application and conditional
award of HOME funds, but prior to any release of funds from HUD, the
project developer initiated choice-limiting actions including
demolition and site clearance. Chester County completed the
environmental review on January 5, 2010.
Nature of Requirement: HUD's regulation at 24 CFR 58.22(a)
requires that an environmental review be performed and a request for
release of funds be completed and certified prior to the commitment
of non-HUD funds to a project using HUD funds.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 28, 2010.
Reason Waived: The waiver was granted based on the following
findings: the above project would further the HUD mission and
advance HUD program goals related to develop affordable housing; the
errors made in the environmental process for the commitment of non-
HUD funds were made in good faith and Chester County did not
willfully violate the applicable regulations; no HUD funds were
committed; and, based on the environmental assessment and the HUD
field inspection, granting a waiver would not result in any
unmitigated, adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 58.22(a).
Project/Activity: Miraflores Housing Development involves the
construction of 80 rental units of housing for low-income seniors
and 150 homeownership units on a former commercial nursery in
Richmond, CA. The City of Richmond intends to use $1 million in
Section 108 loan guarantee funds for the development. HUD funds were
also used for predevelopment costs with $400,000 from HOME and
$429,000 from CDBG. Violations occurred when subsequent to
application for HUD Section 108 loan guarantee, the City of Richmond
used non-HUD funds to purchase two parcels of property prior to the
completion of an environmental review.
Nature of Requirement: HUD's regulation at 24 CFR 58.22(a)
requires that an environmental review be performed and a request for
release of funds be completed and certified prior to the commitment
of non-HUD funds to a project using HUD funds.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: June 16, 2010.
Reason Waived: The waiver was granted based on the following
findings: the above project would further the HUD mission and
advance HUD Section 108 loan guarantee program, provides needed
housing for low-income seniors, and appropriately remediates and
redevelops a brownfield site; no HUD funds were committed; and,
based on the environmental assessment and the HUD field inspection,
granting a waiver would not result in any unmitigated, adverse
environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7250, Washington,
DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 91.105(c)(1).
Project/Activity: The city of Harrisonburg, VA, received over
two feet of snow during a storm in February, 2010 and requested a
waiver of Consolidated Plan requirements applicable to its CDBG
program, in order to use CDBG funds to assist with snow removal by
private contractors.
Nature of Requirement: Under the Consolidated Plan regulations,
a grantee may amend its plan in order to change its allocation
priorities, to carry out an activity not previously described in the
plan, or to change the purpose, scope, location, or beneficiaries of
an activity. Under normal circumstances, a grantee follows its own
amendment procedures which require public notice and comment
periods. Section 91.105(c)(1) of HUD's regulations (24 CFR
91.105(c)(1)) requires that any change in the use of CDBG funds from
one eligible activity to another be treated as a substantial
amendment. Given the urgency of the situation, the city requested to
amend its plan.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 24, 2010.
Reason Waived: Given the urgency of the snow emergency situation
it faced, the city requested approval to amend its plan to include
snow removal as a CDBG-funded activity. Section 104(a)(2)(E) of the
Housing and Community Development Act of 1974, as amended, requires
citizens to be provided notice and given the opportunity to comment
on substantial changes that are proposed to be made in a grantee's
Consolidated Plan's use of funds. However, the statute does not
define the term ``substantial change.'' HUD's regulation at 24 CFR
91.105(c)(1) requires that any change in the use of CDBG funds from
one eligible activity to another be treated as a substantial
amendment. HUD has discretion in this case to waive this provision,
given that this latter requirement is regulatory and not statutory.
The amount of CDBG funds involved can be characterized as a de
minimus level of money to be re-programmed. Thus, HUD accepted that
the use of funds for snow removal in this emergency situation does
not constitute a substantial amendment. HUD therefore waived the
provisions of 24 CFR 91.105(c)(1) to the extent necessary to allow
the city to determine that this reprogramming of funds does not
constitute a substantial amendment.
Contact: Julia Neidecker Gonzales, Office of Block Grant
Assistance, Office of Community Planning and Development,
Entitlement Communities Division, 451 7th Street, SW., Room 7282,
Washington, DC 20410-7000, telephone (202) 708-1577.
Regulation: 24 CFR 91.500(d).
Project/Activity: Waiver of the 30-day period to review an
amended Consolidated Plan.
Nature of Requirement: HUD's regulations at 24 CFR 91.500(d)
provide that a jurisdiction may revise or resubmit a Consolidated
Plan within 45 days after the first notification approval. This
section further requires that HUD must respond to approve or
disapprove the plan with 30 days of receiving the revisions or
resubmission.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 30, 2010.
Reason Waived: On January 15, 2010, HUD notified the city of
Joliet that the city's 2010 Consolidated Plan was disapproved
because the plan did not contain all certifications, satisfactorily
completed, required as part of a complete Consolidated Plan
submission under 24 CFR part 91. In accordance with HUD's
regulations in 24 CFR 91.500(d), the city had until March 1, 2010,
to revise and resubmit its Consolidated Plan submission. The city
timely completed its revised submission on March 1, 2010, but HUD
determined that it needed time beyond the 30-day review period to
ensure that the certifications presented the assurances in a
satisfactory manner that are required by HUD's regulations.
Contact: Julia Neidecker Gonzales, Office of Block Grant
Assistance, Office of Community Planning and Development,
Entitlement Communities Division, 451 7th Street, SW., Room 7282,
Washington, DC 20410-7000, telephone (202) 708-1577.
Regulation: 24 CFR 92.212(b).
Project Activity: Yakima County, WA HOME Consortium requested
permission to permit it to incur administrative and planning costs
prior to the submission of its Consolidated Plan.
Nature of Requirement: The HOME regulations at 24 CFR 92.104
requires all jurisdictions seeking designation as a participating
jurisdiction (PJ) under the HOME program to submit a Consolidated
Plan to HUD. Once the jurisdiction has complied with this and other
requirements, HUD designates the jurisdiction as a HOME
Participating Jurisdiction. Pursuant to Sec. 92.212(b), PJs may not
incur eligible administrative and planning pre-award costs until the
beginning of the PJ's program year, or the date the Consolidated
Plan is received by HUD, whichever is later. This provision
precludes a jurisdiction that has not yet been designated as a HOME
PJ from incurring pre-award costs for Consolidated Plan preparation
and reimbursing itself when it receives its HOME allocation.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary,
Community Planning and Development.
Date Granted: June 7, 2010.
Reason Waived: The Consortium requested a waiver of the pre-
award cost provision to permit it to incur administrative and
planning costs prior to the submission of its Consolidated Plan. The
Consortium comprises a very rural, low-income area without
substantial governmental resources. The Consortium members have
limited
[[Page 60785]]
funding to develop the required Consolidated Plan and would suffer a
financial hardship without a waiver. A waiver of 24 CFR 92.212(b)
would permit the Consortium to charge eligible administrative and
planning costs related to the development of the Consolidated Plan
to its first HOME allocation.
Contact: Virginia Sardone, Office of Affordable Housing
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7158,
Washington, DC 20410-7000, telephone 202-708-2470.
Regulation: 24 CFR 92.252(e).
Project/Activity: Washington County, Oregon requested a waiver
to reduce, by six months, the period of affordability of a fire
damaged four bedroom facility that provided transitional housing for
persons with mental illness in order to build 14 one-bedroom units
of permanent supportive housing with a Section 811 Capital Advance.
Nature of Requirement: The HOME regulations at 24 CFR 92.252(e)
requires that ``HOME-assisted units meet the affordability for not
less than the applicable period * * * beginning after project
completion.''
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: June 16, 2010.
Reason Waived: HUD approved the waiver request because
continuing the use of the project would create an unnecessary
hardship on the non-profit and the tenants. The interests of the
low-income community would be better served by facilitating
construction of the new Section 811 project.
Contact: Virginia Sardone, Deputy Director, Office of Affordable
Housing Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street, SW.,
Room 7164, Washington, DC 20410-7000, telephone (202) 708-2470.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Grantees under the American Recovery and
Reinvestment Act of 2009 (Recovery Act of 2009), issued March 19,
2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
(HPRP) grantee, the State of Washington, requested a waiver of the
requirement stating grantees may not directly carry out data
collection and evaluation activities under HPRP.
Nature of Requirement: Subsection III.A. of the HPRP Notice
provides that a State grantee must make available all of its formula
allocation, except for an appropriate share of funds for
administrative costs, to units of general local government and
private nonprofit organizations in the State to carry out all
eligible activities.
Granted By: Mercedes M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 24, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The HMIS is already in place; (2)
the HMIS is administered by the State of Washington; and (3) the
alternative proposal of utilizing a fee structure to administer HMIS
and meet the requirements in the Recovery Act would impose
additional administrative burdens for the State.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7262,
Washington, DC 20410-7000, telephone (202) 708-4300.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Grantees under the American Recovery and
Reinvestment Act of 2009 (Recovery Act of 2009), issued March 19,
2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
Program (HPRP) grantee, Adams County, Colorado requested a waiver of
the limitation on eligible subgrantees in order to subgrant HPRP
funds to the Adams County Housing Authority (ACHA).
Nature of Requirement: Subsections III.B. and III.C. of the HPRP
Notice provides that metropolitan cities, urban counties, and
territories may distribute all or part of their grant amounts to
private non-profit organizations or another local government.
Granted By: Mercedes M. M[aacute]rquez. Assistant Secretary for
Community Planning and Development.
Date Granted: June 22, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) HPRP participants would be
selected in a manner that ensure ACHA residents are not unfairly
selected over other eligible individuals and families; (2) utilizing
the ACHA as a subgrantee would result in an efficient and effective
program that benefits HPRP participants; and (3) the ACHA has proven
capacity to serve homeless persons.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7262,
Washington, DC 20410-7000, telephone (202) 708-4300.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Grantees under the American Recovery and
Reinvestment Act of 2009 (Recovery Act of 2009), issued March 19,
2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
Program (HPRP) grantee, the State of Minnesota Department of Human
Services (MDHS), requested a waiver of the prohibition against
placing HPRP participants in subsidized housing owned by the
subgrantee, Anoka County Community Action Program (ACCAP).
Nature of Requirement: Subsections IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 12, 2010.
Reason Waived: The subgrantee provided sufficient information
for HUD to conclude the following: (1) The use of the housing owned
by AACAP was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) AACAP had disclosed the
conflict of interest; (3) ACCAP's attorney reviewed the conflict of
interest and determined that the use of housing owned by the
subgrantee would not violate State or local law; (4) HPRP
participants would not be required or steered to live in AACAP's
housing in order to receive financial or other assistance under
HPRP; and (5) the use of the housing owned by AACAP would not result
in any personal or financial gain for any employee of the grantee,
subgrantee, or the parent, subsidiary, or affiliated organization of
the subgrantee.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7262,
Washington, DC 20410-7000, telephone (202) 708-4300.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Grantees under the American Recovery and
Reinvestment Act of 2009 (Recovery Act of 2009), issued March 19,
2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
Program (HPRP) grantee, Maine State Housing Authority (MSHA),
requested a waiver of the prohibition against placing HPRP
participants in subsidized housing owned by the subgrantee, York
County Shelter Programs, Inc. (YCSPI).
Nature of Requirement: Subsection IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: April 7, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The use of the housing owned by
YCSPI was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) YCSPI had disclosed the
conflict of interest; (3) MSHA's attorney reviewed the conflict of
interest and determined that the use of the housing owned by the
subgrantee would not violate State or local law; (4) HPRP
participants would not be required or steered to live in YCSPI's
housing in order to receive financial or other assistance under
HPRP; and (5) the use of the housing owned by YCSPI would not result
in any personal or financial gain for any employee of the grantee,
subgrantee, or the parent, subsidiary, or affiliated organization of
the subgrantee.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room
[[Page 60786]]
7262, Washington, DC 20410-7000, telephone (202) 708-4300.
Regulation: Notice of Allocations, Application
Procedures, and Requirements for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Grantees under the American Recovery and
Reinvestment Act of 2009 (Recovery Act of 2009), issued March 19,
2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
Program (HPRP) grantee, the Spartanburg County Community & Economic
Development Department, Spartanburg County, South Carolina,
requested a waiver of the prohibition against placing HPRP
participants in subsidized housing owned by the subgrantee, Upstate
Homeless Coalition of South Carolina (UHCSC).
Nature of Requirement: Subsection IV.A. of the HPRP Notice
provides that HPRP financial assistance may not be used in
connection with housing owned by the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: May 12, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The use of the housing owned by
UHCSC was necessary to provide an adequate supply of appropriate
housing options for HPRP participants; (2) UHCSC had disclosed the
conflict of interest; (3) UHCSC's attorney reviewed the conflict of
interest and determined that the use of the housing owned by UHCSC
would not violate State or local law; (4) HPRP participants would
not be required or steered to live in UHCSC's housing in order to
receive financial or other assistance under HPRP; and (5) the use of
the housing owned by UHCSC would not result in any personal or
financial gain for any employee of the grantee, subgrantee, or the
parent, subsidiary, or affiliated organization of the subgrantee.
Contact: Ann M. Oliva, Director, Office of Special Needs
Programs, Office of Community Planning and Development, Department
of Housing and Urban Development, 451 7th Street, SW., Room 7262,
Washington, DC 20410-7000, telephone (202) 708-4300.
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 202.3(a)(3).
Project/Activity: All FHA Approved Title II Mortgagees
Nature of Requirement: This regulation subsection contains the
requirements for principal--authorized agent relationship
originations of FHA single family loans. It was revised by a May 20,
2010, final rule to require: (1) Both mortgagees to have
unconditional direct endorsement approval, (2) the principal
mortgagee originate the loan, and (3) the authorized agent mortgagee
underwrites the loan.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 11, 2010 by issuance of Mortgagee Letter
2010-20.
Reason Waived: The effective date of the May 20, 2010, was
delayed to allow mortgagees sufficient time to meet the new
requirement that they must have unconditional direct endorsement
approval and for FHA to make changes to the single family loan
origination system to comply with the revised regulations.
Contact: Richard G. Toma, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room P3214,
Washington, DC 20410-8000, telephone (202) 708-1515.
Regulation: 24 CFR 202.8(b)(3).
Project/Activity: FHA Approved Title I and Title II
Nonsupervised Loan Correspondents with fiscal years ending on or
after December 31, 2009.
Nature of Requirement: A HUD May 20, 2010, final rule removed
the annual renewal requirement for nonsupervised loan correspondent
previously in 24 CFR 202.8(b)(3) and replaced them with a provision
in the revised 24 CFR 208.8(c) which allows loan correspondents that
are currently FHA-approved as of the May 20, 2010, effective date of
the final rule to maintain their FHA approval through December 31,
2010. Any loan correspondent that had not met the old annual renewal
requirements by May 20, 2010, were still subject to the prior annual
renewal requirement of paying the annual renewal fee, submitting
audited financial statements and completing the annual certification
report. A waiver of the requirement to submit audited financial
statements was made for all nonsupervised loan correspondents whose
fiscal year ended on or after December 31, 2009, who were otherwise
in good standing with the Department.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing
Commissioner.
Date Granted: June 11, 2010 by issuance of Mortgagee Letter
2010-20.
Reason Waived: The Department determined that requiring
submission of audited financial statements, and the costs associated
with such a requirement, would place an unreasonable burden on loan
correspondents, especially in light of the fact that their approval
would only continue for less than one year.
Contact: Richard G. Toma, Deputy Director, Office of Lender
Activities and Program Compliance, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., P3214,
Washington, DC 20410-8000, telephone (202) 708-1515.
Regulation: 24 CFR 219.220(b).
Project/Activity: M. L. King, Jr. Apartments, Seattle,
Washington--FHA Project Number 127-35004. The owner is requesting to
defer repayment of the Flexible Subsidy Operating Assistance Loan on
this project to give the owner a longer term to pay off the loan.
Nature of Requirement: Section 219.220(b) governs the repayment
of operating assistance provided under the Flexible Subsidy Program
for Troubled Projects prior to May 1, 1996 states: ``Assistance that
has been paid to a project owner under this subpart must be repaid
at the earlier of the expiration of the term of the mortgage,
termination of these actions would typically terminate FHA
involvement with the property, and the Flexible Subsidy loan would
be repaid, in whole, at that time.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 5, 2010.
Reason Waived: The owner requested waiver of the requirement to
defer repayment of the Flexible Subsidy Operating Assistance Loan
because the project did not have sufficient funds to repay the loan
at maturity of the mortgage. Permission was granted because the
owner is in compliance with all business agreements with HUD and has
met required HUD standards. The loan was reamortized and interest
has been deferred over a 25-year period. The owner has recorded a
Use Agreement for the 25-year period allowing the project to remain
as vital affordable housing for the area.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Friendship Terrace, FHA No. 000-SH0001/Pre
1974. The owner requested permission to defer repayment of the
Flexible Subsidy loan on this project. The deferral would enable
urgent repairs and rehabilitation to be completed for revitalization
of the project.
Nature of Requirement: Section 219.220(b) of HUD's regulations
govern the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996,
and states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
mortgage, or sale of the project * * *'' Either of these actions
would typically terminate FHA involvement with the property, and the
Flexible Subsidy Loan would be repaid, in whole, at that time.
Granted By: Ronald Y. Spraker, Associate General Deputy
Assistant Secretary for Housing.
Date Granted: May 20, 2010.
Reason Waived: This regulation was waived in order to exempt
Episcopal Church Home, Friendship, Incorporated, from the
requirement to repay the Flexible Subsidy Operating Assistance Loan
upon prepayment/refinancing of the loan; thereby allowing financing
to rehabilitate the property and ensure preservation of the project
as an affordable housing resource.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Faush-Metropolitan Manor (Jefferson County),
FHA No. 062-
[[Page 60787]]
EH022. The owner requested permission to continue deferral of
repayment of the Flexible Subsidy loan on this project, following a
one-year deferral granted on March 27, 2009. The deferral would
enable improved security upgrades for the elderly residents of the
project.
Nature of Requirement: Section 219.220(b) of HUD's regulations
govern the repayment of operating assistance provided under the
Flexible Subsidy Program for Troubled Projects prior to May 1, 1996,
and states: ``Assistance that has been paid to a project owner under
this subpart must be repaid at the earlier of the expiration of the
mortgage, or sale of the project * * *'' Either of these actions
would typically terminate FHA involvement with the property, and the
Flexible Subsidy Loan would be repaid, in whole, at that time.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing
Commissioner.
Date Granted: May 28, 2010.
Reason Waived: This regulation was waived in order to extend the
exemption of Faush Metropolitan Manor, Incorporated, from the
requirement to repay the Flexible Subsidy Operating Assistance Loan
upon prepayment/refinancing of the loan; thereby allowing improved
security upgrades for the elderly residents of the project.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3730,
extension 7538.
Regulation: 24 CFR 290.30(a).
Project/Activity: The Winery Apartments, Fresno, California--FHA
Project Number 121-35490A. The owner has requested a waiver to allow
the Department of HUD to sell the current unsubsidized mortgage loan
on a non-competitive basis.
Nature of Requirement: HUD's regulations governing the sale of
HUD-Held mortgages are set forth in 24 CFR part 290, subpart B.
Section 290.30(a) of those regulations state that ``[e]xcept as
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-Held
multifamily mortgages on a competitive basis.'' Section 290.31(a)(2)
permits ``negotiated'' sales to State or local governments for
mortgage loans that are current and secured by subsidized projects,
provided such loans are sold with FHA insurance.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 30, 2010.
Reason Waived: This regulation was waived in order to allow the
sale of The Winery Apartments to the California Housing Finance
Agency. Sale to a profit-motivated purchaser could have placed
demands on the property in order to obtain a return on its
investment and given the thin operating margins at the project,
demands could lead to a foreclosure of the Note and loss of this
much-needed low-income housing.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 236.725.
Project/Activity: New Vista I Apartments, Chicago, Illinois--FHA
Project Number 071-031NI. A Decoupling proposal was made by the
owner to pay off the Section 236 non-insured mortgage, continue
Interest Reduction Payments and complete redevelopment of the
property.
Nature of Requirement: Section 236.725 of HUD's regulations
limits the term of the rental assistance contract 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: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: April 29, 2010.
Reason Waived: This regulation waiver was approved to allow for
continuance of the Rental Assistance Payments contract and to
refinance its Section 236 non-insured mortgage. The waiver is
predicated on the project entering into a new recorded Use Agreement
restricting the project to be operated under the Section 236
mortgage plus an additional statutorily mandated five years. The
preservation of this affordable housing project will thereby
continue until 2021.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 236.725.
Project/Activity: Shalom Towers Apartments, Newark, New Jersey--
FHA Project Number 031-072NI. The owner has requested waiver of this
regulation to permit continuation of Rent Assistance Payments after
prepayment of the non-insured Section 236 mortgage.
Nature of Requirement: Section 236.725 of HUD's regulations
limits the term of the rental assistance contract 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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 29, 2010.
Reason Waived: Granting waiver of this regulation will provide
stability of the project-based rental assistance and enhance the
long-term financial feasibility through the proposed rehabilitation
and refinancing of the property. The waiver will also allow the
current tenants to remain and the property to be preserved as a low-
income housing resource through 2021.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 883.308(d).
Project/Activity: Treemont Apartments, Buena Vista, Virginia--
Section 8 Contract number VA36HO27229. The owner has requested
waiver of the regulation requiring that Section 8 Contract Rents be
reduced if debt service on the permanent project financing is
reduced below the debt service on which the rents were based. The
owner proposes to acquire and renovate the project.
Nature of Requirement: Section 883.308 of HUD's regulations
governs the reduction of contract rents for in projects financed
under the Section 8 Housing Assistance Payments Program for State
Housing Agencies. The regulation states: ``If the actual debt
service to the owner under the permanent financing is lower than the
anticipated debt service on which the Contract Rents were based, the
initial Contract Rents, or the Contract Rents currently in effect,
must be reduced commensurately, and the amount of the savings
credited to the project account.''
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 16, 2010.
Reason Waived: This waiver was granted in order to allow the
owner, who is a developer of affordable housing, to acquire and
renovate the project with benefit of new loans at reduced interest
rates and Low Income Housing Tax Credits. They plan to request a new
Housing Assistance Payments Contract and comply with a Use Agreement
requirement, maintaining the property for 50 years as much needed
affordable housing.
Contact: Robert G. Iber, Acting Director, Office of Asset
Management, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730,
extension 7538.
Regulation: 24 CFR 891.100(d).
Project/Activity: Robertson Hill Apartments, Raleigh, NC,
Project Number: 053-HD245/NC19-Q081-005.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 14, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: North Highlands VOA Living Center, North
Highlands, CA, Project Number: 136-HD019/CA30-Q061-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 13, 2010.
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.
[[Page 60788]]
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mosaic Housing XX, Garden City, Garden City,
KS, Project Number: 102-HD040/KS16-Q081-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: St. John's Commons, Havre de Grace, MD,
Project Number: 052-EE058/MD06-Q071-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
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, Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410-8000,
telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Mapleway Achievement Center, Monmouth, IL,
Project Number: 072-HD156/IL06-Q081-004.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 27, 2010.
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, Department of Housing and Urban
Development, 451 7th Street, SW., Room 6130, Washington, DC 20410-
8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: St. Augustine Manor, New Iberia, LA, Project
Number: 064-EE229/LA48-S081-007.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 9, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Chadwick Place II, Marion, OH, Project Number:
043-EE123/OH16-S081-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 11, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: New Meadow Elderly Housing, Newington, CT,
Project Number: 017-EE102/CT26-S081-003.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 16, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Sueno Real Apartments, Arroyo, PR, Project
Number: 056-HD031/RQ46-Q061-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 25, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Grace Place Retirement Community, Memphis, TN,
Project Number: 081-EE045/TN40-S081-002.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to closing.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 25, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Fillmore Haciendas, Phoenix, AZ, Project
Number: 123-EE105/AZ20-S071-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation of the capital advance is 18 months from the date of
issuance with limited exceptions up to 24 months, as approved by HUD
on a case-by-case basis.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 13, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources and additional time was needed to achieve an initial
closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban
[[Page 60789]]
Development, 451 7th Street, SW., Room 6130, Washington, DC 20410-
8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: RJ Piltz Vista Bonita Apartments, Mesa, AZ,
Project Number: 123-HD041/AZ20-Q061-003.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources and additional time was needed for issuance of the firm
commitment and for the project to achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Independence Place, Conroe, TX, Project
Number: 114-HD039/TX24-Q071-003.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 11, 2010.
Reason Waived: The project is economically designed and
comparable in cost to similar projects in the area, and the sponsor/
owner exhausted all efforts to obtain additional funding from other
sources and additional time was needed for additional funds to be
approved, issuance of the firm commitment and for the project to
achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: The Warren Project, Warren, NJ, Project
Number: 031-HD154/NJ39-Q071-003.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 14, 2010.
Reason Waived: Additional time was needed for the initial
closing documents to be updated and corrected and for the project to
achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Oakridge Park Apartments, Lake Oswego, OR,
Project Number: 126-EE059/OR16-S061-002.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 14, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to reapply for tax credit funding for the mixed finance project and
for the project to be initially closed.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Parkside Apartments, Terra Alta, WV, Project
Number: 045-EE031/WV15-S071-002.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 16, 2010.
Reason Waived: Additional time was needed for the firm
commitment to be processed and for the project to reach an initial
closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Villa Serena, Chico, CA, Project Number: 136-
HD021/CA30-Q071-001.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 26, 2010.
Reason Waived: Additional time was needed for the project to
achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Odd Fellows Senior Housing, Bronx, NY, Project
Number: 012-EE351/NY36-S061-007.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 26, 2010.
Reason Waived: Additional time was needed for the initial
closing documents to be reviewed by HUD and for the project to be
initially closed.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Cedar Street Apartments, Redwood City, CA,
Project Number: 121-HD090/CA39-Q071-002.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 13, 2010.
Reason Waived: Additional time was needed to resolve an
environmental issue involving noise, for the firm commitment to be
issued and for the project to achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Harrison Street Senior Housing, Oakland, CA,
Project Number: 121-EE204/CA39-S071-008.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18
[[Page 60790]]
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to obtain low income housing tax credit and tax exempt bond,
commitment and submit missing exhibits for the firm commitment and
for the project to achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Five Talents Apartments, Lexington, MS,
Project Number: 065-HD044/MS26-Q081-001.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: Additional time was needed to issue and submit
the firm commitment application.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: San Marino Apartments, Montclair, CA, Project
Number: 143-EE062/CA43-S061-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 27, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to submit the cost certification documents for this mixed finance
project to reach an initial/final closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Orchard Housing, Orchard Park, NY, Project
Number: 014-EE266/NY06-S071-002.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 28, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to resolve a re-zoning issue with the town and for the project to
achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: St. Joseph Place, Kansas City, MO, Project
Number: 084-EE073/MO16-S071-002.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 17, 2010.
Reason Waived: Additional time was needed for amendment of the
disposition approval for the project site to be processed and for
the project to achieve an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hamilton Heartwood Homes, Columbus, OH,
Project Number: 046-HD036/OH10-Q071-001.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 17, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to resolve site control issues with the City of Hamilton, obtain
additional funds, and for the project to reach an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Council Towers VI Senior Housing, Queens, NY,
Project Number: 012-EE360/NY36-S071-006.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 28, 2010.
Reason Waived: Additional time was needed for completion of the
sale of tax exempt bonds by the New York City Housing Development
Corporation (NYCHDC) and for the project to reach an initial
closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165, 24 CFR 891.830(b) and 24
CFR 891.830(c)(4).
Project/Activity: Peralta Senior Housing, Fremont, CA, Project
Number: 121-EE205/CA39-S081-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis. Section 891.830(b)
allows the capital advance funds be drawn down only in an approved
ratio to other funds, in accordance with draw down schedule approved
by HUD. Section 891.830(c)(4) permits the capital advance drawn down
will be used only for eligible costs actually incurred in accordance
with the provisions of this subpart and the approved mixed-finance
project. Section 891.830(c)(5) allows the amount of the draw down is
consistent with the ratio of 202 or 811 supportive housing units to
other units.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 7, 2010.
Reason Waived: Additional time was needed for issuance of the
firm commitment, construction of the project and for initial/final
closing of this capital advance upon completion of project. Also, to
allow the capital advance to be drawn down in one requisition to pay
off that portion of the financing that strictly relate to capital
advance eligible costs after completion of construction at initial/
final closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Village at St. Peter's, Pleasantville, NJ,
Project Number: 035-EE053/NJ39-S071-001.
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.
[[Page 60791]]
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 7, 2010.
Reason Waived: The waiver was granted to permit capital advance
funds to be used to pay off that portion of the financing that
strictly relate to capital advance eligible costs.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Council Towers VI Senior Housing, Queens, NY,
Project Number: 012-EE360/NY36-S071-006.
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: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: June 7, 2010.
Reason Waived: The waiver was granted to permit capital advance
funds to be used to pay off that portion of the financing that
strictly relate to capital advance eligible costs.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 7th Street, SW., Room 6130, Washington,
DC 20410-8000, telephone (202) 708-3000.
Regulation: ML 2009-46 B (Baseline Condo Guidance--ML
serves as regulation as defined under the Housing and Economic
Recovery Act (HERA)).
Project/Activity: Blanket Waiver for all FHA-approved lenders.
Nature of Requirement: ML 2009-46 B requires homeowner (HO)-6
insurance coverage for individual condominium units when the project
Master Policy does not include interior unit coverage. HO-6 coverage
is a ``walls-in'' policy that protects the interior improvements and
betterments in the event of perils such as bad weather, fire,
explosion, and theft. HO-6 policies also generally cover
improvements made, including private balconies or entrances, special
fixtures or other additions to the property not covered by the
Master Policy.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: April 29, 2010.
Reason Waived: FHA-approved lenders' information technology (IT)
infrastructure, including processing and underwriting systems do not
currently accommodate for collection and management of this data.
FHA-approved lenders advise HUD that any attempts to solve the
problem immediately would pose significant risks that could
ultimately lead to unsalable or uninsurable loans to FHA. Without
the waiver, lenders would have to discontinue the condominium
program; thereby, affecting purchasers who intend to purchase a
condominium unit and will diminish affordable housing opportunities.
The sale of condominium units was determined to be vital to the
recovery of the housing market.
Contact: Joanne B. Kuczma, Housing Program Officer, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 9266,
Washington, DC 20410-8000, telephone (202) 708-2121.
Regulation: ML 2009-46 B (Baseline Condo Guidance--ML
serves as regulation as defined under HERA).
Project/Activity: Taconic Investment, Meadow Wood at Gateway
Condominium Project, Brooklyn, New York.
Nature of Requirement: ML 2009-46 B requires that no more than
ten (10) percent of the units may be owned by one investor.
Previously, the ten (10) percent investor ownership limitation only
applied to FHA's ``spot loan'' approval process, permitted under 24
CFR 234.26(i). This limitation also applies to builders/developers
that subsequently rent vacant and unsold units.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: In New York City, tenants are protected under the
Rent Stabilization Law. Issuance of the waiver was determined to
allow for lenders to continue making FHA-insured loans in the
condominium; posed a low risk to the Mutual Mortgage Insurance (MMI)
fund; was determined important due to the critical need for
additional affordable housing in New York City; and would not
violate any statutory requirements.
Contact: Joanne B. Kuczma, Housing Program Officer, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 9266,
Washington, DC 20410-8000, telephone (202) 708-2121.
Regulation: ML 2009-46 B (Baseline Condo Guidance--ML
serves as regulation as defined under HERA).
Project/Activity: Taconic Investment, Meadow Wood at Gateway
Condominium Project, Brooklyn, New York.
Nature of Requirement: ML 2009-46 B requires that no more than
ten (10) percent of the units may be owned by one investor.
Previously, the ten (10) percent investor ownership limitation only
applied to FHA's ``spot loan'' approval process, permitted under 24
CFR 234.26(i). This limitation also applies to builders/developers
that subsequently rent vacant and unsold units.
Granted By: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: May 21, 2010.
Reason Waived: In New York City, tenants are protected under the
Rent Stabilization Law. Issuance of the waiver was determined to
allow for lenders to continue making FHA-insured loans in the
condominium; posed a low risk to the Mutual Mortgage Insurance (MMI)
fund; was determined important due to the critical need for
additional affordable housing in New York City; and would not
violate any statutory requirements.
Contact: Joanne B. Kuczma, Housing Program Officer, Office of
Single Family Program Development, Office of Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 9266,
Washington, DC 20410-8000, telephone (202) 708-2121.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.216(b).
Project/Activity: Louisiana Housing Authority (LHA), LA.
Nature of Requirement: HUD's regulation at 24 CFR 5.216(b)
requires that applicants submit Social Security Numbers while
eligibility is being determined.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: Vital records of many of the individuals to be
served were destroyed by the hurricanes and in some instances the
offices where this information was maintained were also destroyed.
As a result, there were delays in obtaining these documents.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-500, telephone (202) 708-0477.
Regulation: 24 CFR 902.40.
Project/Activity: Phillipsburg Housing Authority, (KS036),
Phillipsburg, KS.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) indicator for fiscal year
ending September 30, 2009, because the HA was not confident that it
could accurately comply or replicate the requested information to
meet the requirements of the regulation and believed that any
attempt to do so would likely result in inaccurate data and
incorrect submission. The waiver was granted for fiscal year ending
September 30, 2009. Consequently, the most recent management
operations score of record would be carried over to the fiscal year
being assessed.
Contact: Johnson Abraham, Acting Program Manager, NASS, Real
Estate
[[Page 60792]]
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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Leon Housing Authority, (IA027), Leon, IA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) indicator for fiscal year
ending September 30, 2009, because the HA had neither a viable
method for reconstructing the data, nor the staff resources to
devote to this task given other program requirements. The waiver was
granted for fiscal year ending September 30, 2009. Consequently, the
most recent management operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Hillsboro Housing Authority, (KS096),
Hillsboro, KS.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 6, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) indicator for fiscal year
ending September 30, 2009, because the HA's effort to replicate the
data needed for an accurate management operations certification
would result in an administrative burden as the HA no longer had a
viable method for reconstructing the data. The waiver was granted
for fiscal year ending September 30, 2009. Consequently, the most
recent management operations score of record would be carried over
to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Brunswick Housing Authority, (GA009),
Brunswick, GA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 09, 2010.
Reason Waived: The HA contends that it acquired a new business
system to capture the relevant data required for its conversion to
asset management. To complete the Management operations
certification requirement under the old system would impose an
administrative burden. The waiver was granted for fiscal year ending
June 30, 2009, and the most recent management operations score of
record would be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the City of Iola,
(KS049), Iola, KS.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 12, 2010.
Reason Waived: The HA contends that it revised its manual system
to capture relevant data required for its conversion to asset
management, and no longer had a viable method for reconstructing the
data. The HA's action would result in an administrative burden in an
effort to replicate the data needed for accurate management
operations certification. The waiver was granted for fiscal year
ending March 31, 2010, and the most recent management operations
score of record would be carried over to the fiscal year being
assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Washington County Housing Authority, (PA017),
Washington, PA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 16, 2010.
Reason Waived: The HA contends that it requested a waiver due to
resulting hardship created by an extensive reorganization of
personnel, procedures, staffing and on-going modification of its
computer software to facilitate reporting in its conversion to asset
management. The waiver was granted for fiscal year ending September
30, 2010, and the most recent management operations score of record
would be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Altoona Housing Authority, (PA031),
Washington, PA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 16, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management
[[Page 60793]]
operations certification requirements under the Management
Assessment Subsystem (MASS) indicator for fiscal year ending June
30, 2009, because the HA converted its public housing operations to
asset management and had its staff attend the HUD asset management
training workshops, provided in house-training, and implemented new
software to convert all of their housing data to the new system.
Reconstructing the current management operations certification data
would impose an administrative hardship for the PHA. Consequently,
the waiver was granted for fiscal year ending June 30, 2009, and the
most recent management operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of Clackamas County,
(OR001), Oregon City, OR.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 20, 2010.
Reason Waived: The HA contends that it has been fine tuning its
internal systems in order to accurately track and report progress in
meeting requirements based on the expectation that a PHAS III Final
rule would be published by the end of the transition year. The
waiver was granted for fiscal year ending June 30, 2009, and the
most recent management operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of New Orleans (LA001), New
Orleans, LA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA contends that it recently underwent an in-
depth assessment of its operations and identified significant
deficiencies in the areas of housing management, maintenance,
finance and management information systems. The assessment confirmed
that internal recordkeeping and reporting systems were insufficient
to produce accurate, comprehensive data necessary to complete a
management operations certification. The waiver was granted for
fiscal year ending September 30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of Dell (AR078), Dell,
AR.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA requested a waiver because it (1) operates
fourteen public housing units managed by a part-time manager, (2)
was not converting to asset management and (3) had not maintained
adequate records and documentation to submit its management
operations certification. The waiver was granted because the HA has
fewer than 400 public housing units, and the HA had not maintained
adequate records and documentation sufficient to comply with the
requirements of 24 CFR 902.40 and 24 CFR 902.43, subpart D.
Compiling the data necessary to meet the requirements of Subpart D
would impose an administrative hardship. The most recent management
operations score of record would be carried over for the fiscal year
ending December 31, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of Augusta (GA001),
Augusta, GA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 28, 2010.
Reason Waived: The HA contends that it converted to asset
management, completed its staffing reorganization, updated its job
descriptions and has been conducting on-going staff training in
preparation for the new roles under asset management. Additionally,
the HA reported it has been developing computer software to comply
with the new reporting requirements. Retrieving the data needed for
an accurate management operations certification would result in an
administrative hardship. The waiver was granted because the HA
needed the time to complete the conversion to asset management.
Therefore, the most recent management operations score of record
would be carried over for fiscal year ending March 31, 2010.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority City of Newnan (GA095),
Newnan GA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 29, 2010.
Reason Waived: The HA contends that it converted to asset
management, established three Asset Management Projects (AMPS) with
a project manager for each AMP, and adopted project-based budgeting
for each AMP. The HA also established a Central Office Cost Center
(COCC) and has been developing its software systems, reporting
procedures and internal controls in order to further enhance the
conversion to asset management. The waiver was granted because to
interrupt the HA's progress and require submission of a management
operations certification would impose an
[[Page 60794]]
administrative hardship. The most recent management operations score
of record would be carried over for the fiscal year ending June 30,
2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Jefferson Metropolitan Housing Authority,
(OH014), Steubenville, OH.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it divided its operations
into three Asset Management Projects (AMPS) and decentralized
maintenance and purchasing activities. As a result, the HA no longer
tracks management operations information. The waiver was granted
because to submit a management operations certification would impose
an administrative hardship. The most recent management operations
score of record would be carried for fiscal year ending December 31,
2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the County of Los
Angeles, (CA002), Monterey Park, CA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it initiated asset
management on July 1, 2007, and decentralized budget, accounting and
its management systems for its housing developments including a new
management software system. The waiver was granted because to submit
a management operations certification would require re-programming
the current software and reconciling data from prior software
system. This would result in increased costs and create an
administrative hardship. Consequently, the most recent management
operations score of record would be carried over for the fiscal year
ending June 30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Tacoma Housing Authority, (WA005), Tacoma, WA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA contends that it initiated asset
management on July 1, 2008, and converted to a new management
software system for tracking its operations on a property versus
agency basis. The waiver was granted because to submit a management
operations certification would require site staff to manually track
the information and would result in administrative hardship. The
most recent management operations score of record would be carried
over for fiscal year ending June 30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Fayette County Housing Authority, (PA015),
Uniontown, PA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: The HA implemented and transitioned to asset
management. The waiver was granted because it would require manually
collecting the data required for certification and would result in
administrative hardship. The most recent management operations score
of record would be carried over for fiscal year ending June 30,
2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Lucas Metropolitan Housing Authority, (OH006),
Toledo, OH.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that it began converting to asset
management in January 2008 and has implemented and transitioned to
asset management. The conversion included a realignment of staff,
revised position descriptions and major shift in property management
staff duties, project-based budgeting and accounting and software
upgrades to track and report relevant data. The waiver was granted
because it would result in administrative hardship to gather the
data for the management operations certification. Consequently, the
most recent management operations score of record would be carried
over for the fiscal year ending December 31, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Guam Housing and Urban Renewal Authority,
(GQ001), Sinajana, Guam.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS
[[Page 60795]]
Asset Management Transition Year 2 Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that retrieving and compiling the
data from four property sites into one composite report would be an
administrative hardship. The waiver was granted because it would
take time and focus away to concentrate on fully converting the four
property sites into full asset management. The most recent
management operations score of record would be carried over for
fiscal year ending September 30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: City of Phoenix Housing Department, (AZ001),
Phoenix, AZ.
Nature of Requirement: The regulation establishes that public
housing agencies are required to submit a management operations
certification under Public Housing Assessment System (PHAS). Public
housing agencies that are converting to asset management and for
which the submission of the current management operations
certification would impose an administrative hardship, may request a
waiver for their management operations certification within 30 days
from the PHAS Asset Management Transition Year 2 Notice dated
January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: The HA contends that it acquired a new business
system that has capability to track information at the project
level. However the system was not instituted for the entire 2009
fiscal year. To accurately reflect management operations
certification data, the HA would have to extract data from old and
new systems and compare the two to ensure there is no duplicate
information. The waiver was granted because it would result in
administrative hardship. The most recent management operations score
of record would be carried over for fiscal year ending June 30,
2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of Winston-Salem, (NC012),
Winston-Salem, NC.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it spent a large sum of
money, time and resources in converting existing software to track
property operations at each site and to comply with the new
reporting requirements for asset management. The HA no longer tracks
management operations PHA-wide and any certification provided would
likely be inaccurate. The waiver was granted because it would result
in administrative hardship. The most recent management operations
score of record would be carried over for fiscal year ending
September 30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Mississippi Regional Housing Authority,
(MS030), Newton, MS.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it is converting to asset
management and has installed project managers and is in the process
of converting and revising its software systems for tracking and
reporting operations on a decentralized property versus centralized
agency. The waiver was granted because compiling the information
using the current format, based on a centralized model would result
in administrative hardship. The most recent management operations
score of record would be carried over for fiscal year ending June
30, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Oklahoma City Housing Authority, (OK002),
Oklahoma City, OK.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 25, 2010.
Reason Waived: The HA contends that it is in its second year of
its transition to asset management and has begun modifying the
automated information systems to support asset management. The
waiver was granted because to convert this data back to project
designations in order to provide a management certification would
pose an administrative hardship. The most recent management
operations score of record would be carried over for fiscal year
ending December 31, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Junction City Housing Authority, (KS105),
Junction City, KS.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 28, 2010.
Reason Waived: The HA contends that it discontinued collecting
the data required for a management assessment certification based on
the expectation that a PHAS III Final Rule would be published by the
end of the transition year. The waiver was granted because the HA
would not be able to certify to the quality or accuracy of the
information and that would pose an administrative hardship. The most
recent management operations score of record would be carried over
for fiscal year ending December 31, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Mobile Housing Board, (AL002), Mobile, AL.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public
[[Page 60796]]
housing agencies are required to submit a management operations
certification under Public Housing Assessment System (PHAS). Public
housing agencies that are converting to asset management and for
which the submission of the current management operations
certification would impose an administrative hardship, may request a
waiver for their management operations certification within 30 days
from the PHAS Asset Management Transition Year 2 Notice dated
January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 28, 2010.
Reason Waived: The HA contends that a new management team has
been working to compile, authenticate and verify the key management-
related information to provide a management assessment
certification. Many of the electronic records were apparently lost
prior to the removal of the former executive director. The waiver
was granted because the HA's efforts to certify its management
operations information would pose an administrative hardship. The
most recent management operations score of record would be carried
over for fiscal year ending December 31, 2009.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Laurinburg Housing Authority, (NC018),
Laurinburg, NC.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) indicator for the fiscal year
ending June 30, 2009, because the HA is in the process of converting
to asset management. The HA divided its properties into two Asset
Management Project (AMPs), expended large sums of money, time and
resources in converting its existing software to track property
operations at each site to comply with the new reporting
requirements for asset management. In order to compile the
information needed for certification, the HA would have to
reconstruct the data manually by pulling all vacancy files and work
orders. Retrieving the data needed for certifying MASS performance
would result in an administrative hardship. The waiver was granted
for fiscal year ending June 30, 2009, and the most recent management
operations score of record would be carried over to the fiscal year
being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Butler Metropolitan Housing Authority,
(OH015), Hamilton, OH.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 9, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending June 30, 2009. Submission of the management operations
certification would impose an administrative burden on the HA
because the HA has been modifying its automated information system
to comply with asset management. Additionally, the HA encountered
significant changes in its management staff that would pose a burden
for the HA to submit its management operations certification. The
waiver was granted because the HA is in the process of converting to
asset management and submission of the management operations
certification would impose an administrative hardship. The most
recent management operations score of record would be carried over
to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Granite City Housing Authority, (IL005),
Granite City, IL.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending December 31, 2009. Compiling the information required for
submission of the management operations certification would be time
consuming and will result in an administrative hardship, because the
HA is converting to asset management. The waiver was granted and the
most recent management operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: North Iowa Regional Housing Authority,
(IA127), Mason City, IA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending September 30, 2009, because the HA would not be able to
certify to the quality or accuracy of the MASS certification data
due to unreasonable hardship. The waiver was granted and the most
recent management operations score of record would be carried over
to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the City of Harlingen,
(TX065), Harlingen, TX.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a
[[Page 60797]]
waiver for their management operations certification within 30 days
from the PHAS Asset Management Transition Year 2 Notice dated
January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending March 31, 2009, because compiling the information required
for submission of the management operations certification would be
time consuming and will result in an administrative hardship, as the
HA is converting to asset management. The waiver was granted and the
most recent management operations score of record would be carried
over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Dallas Housing Authority, (TX009), Dallas, TX.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending December 31, 2009, because the HA operates approximately
4,500 public housing units and is in Transition Year 2 of converting
its inventory to asset management. In modifying its reporting and
business processes to accommodate asset management, the HA would
encounter a significant burden in trying to replicate the
information needed to certify its MASS performance resulting in an
administrative hardship. The waiver was granted and the most recent
management operations score of record would be carried over to the
fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of the City of Oxnard,
(CA031), Oxnard, CA.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending June 30, 2009, because the HA is in its second year of asset
management. The HA is developing tracking mechanisms to support
property operations and its compliance with the new reporting
requirements for asset management. The HA no longer tracks
management operations data PHA wide and compiling the information
would be inaccurate and cause an administrative hardship. The waiver
was granted and the most recent management operations score of
record would be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Metropolitan Development and Housing Agency,
(TN005), Nashville, TN.
Nature of Requirement: HUD's regulation at 24 CFR 902.40
establishes that public housing agencies are required to submit a
management operations certification under Public Housing Assessment
System (PHAS). Public housing agencies that are converting to asset
management and for which the submission of the current management
operations certification would impose an administrative hardship,
may request a waiver for their management operations certification
within 30 days from the PHAS Asset Management Transition Year 2
Notice dated January 12, 2010.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 29, 2010.
Reason Waived: The HA requested a waiver of the Transition Year
2 management operations certification requirements under the
Management Assessment Subsystem (MASS) Indicator for fiscal year
ending June 30, 2009, because the HA has converted its public
housing operations to asset management and also converted to a new
software system for tracking and reporting its operations on a
decentralized property versus centralized agency basis. Currently,
the HA is monitoring and reporting on relevant indicators at the
Asset Management Project (AMP) level on a monthly basis. Compiling
the information using the current format, based on a centralized
model, would result in an unreasonable hardship. The waiver was
granted and the most recent management operations score of record
would be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, 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) 475-8583.
Regulation: 24 CFR 941.306(b) and (c).
Project/Activity: C.W. Brooks Midrise.
Nature of Requirement: HUD's regulations at 24 CFR 941.306(b)
and (c) require that the construction of units is within the Total
Development Costs (TDC) and limits Housing Construction Costs (HCC).
Granted By: Sandra B. Henriquez, Assistant Secretary of Public
and Indian Housing.
Date Granted: March 7, 2010.
Reason Waived: The Housing Authority of the City of Hagerstown,
MD received funds under the American Reinvestment and Recovery Act
(ARRA) to meet the Green Communities Criteria and complete 60 public
housing units. A waiver of TDC/HCC limits is allowed under the ARRA
and in the Notice of Funding Availability (NOFA) for the Capital
Fund Recovery Competition Grants (CFRC) for the use of ARRA funds in
the redevelopment of public housing units.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202)
402-4181.
Regulation: 24 CFR 941.606(n)(1)(ii).
Project/Activity: Gibson Plaza Apartments.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii) requires public housing agencies to certify that
they will use an open and competitive process to select its
partners.
Granted By: Sandra B. Henriquez, Assistant Secretary of Public
and Indian Housing.
Date Granted: May 14, 2010.
Reason Waived: HUD reviewed and acknowledged District of
Columbia Housing Authority (DCHA) decision to procure First Baptist
through a noncompetitive proposal. As a result, DCHA could not
submit the certifications and assurances that it would use an open
and competitive process to select its partners. HUD found good cause
to grant the waiver for the limited purpose of selecting First
Baptist as the development partner for the mixed-finance project at
Gibson Apartments.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202)
402-4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Renaissance Preserve Family Apartments, HOPE
VI Grant: FL14URD041I105.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that if
[[Page 60798]]
an owner entity wants to serve as general contractor; it may self-
award subject to demonstration to HUD's satisfaction that its bid is
the lowest competitive offer.
Granted By: Deborah Hernandez, General Deputy Assistant
Secretary of Public and Indian Housing.
Date Granted: April 1, 2010.
Reason Waived: The Housing Authority of the City of Fort Myers,
FL submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202)
402-4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Parkside Senior Housing.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve
as general contractor; it may self-award subject to demonstration to
HUD's satisfaction that its bid is the lowest competitive offer.
Granted By: Deborah Hernandez, General Deputy Assistant
Secretary of Public and Indian Housing.
Date Granted: May 26, 2010.
Reason Waived: The Housing Authority of the Township of
Franklin, NJ submitted an independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202)
402-4181.
Regulation: 24 CFR 941.606(n)(1)(ii)(B).
Project/Activity: Huntsville, AL CFRC Grant Number:
AL0400000109F.
Nature of Requirement: HUD's regulation at 24 CFR
941.606(n)(1)(ii)(B) requires that if an owner entity wants to serve
as general contractor; it may self-award subject to demonstration to
HUD's satisfaction that its bid is the lowest competitive offer.
Granted By: Sandra B. Henriquez, Assistant Secretary of Public
and Indian Housing.
Date Granted: June 23, 2010.
Reason Waived: The Huntsville Housing Authority, AL submitted an
independent cost estimate.
Contact: Dominique Blom, Deputy Assistant Secretary for the
Office of Public Housing Investments, Office of Public and Indian
Housing, Department of Housing and Urban Development, 451 7th
Street, SW., Room 4130, Washington, DC 20410-5000, telephone (202)
402-4181.
Regulation: 24 CFR 982.305(c)(4).
Project/Activity: Southern Nevada Regional Housing Authority
(SNRHA), Las Vegas, NV.
Nature of Requirement: HUD's regulation at 24 CFR 982.305(c)(4)
provides that any housing assistance payments (HAP) contract
executed after 60 calendar days from the beginning of the lease term
is void and the public housing Agency (PHA) may not pay any HAP to
the owner.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 22, 2010.
Reason Waived: Las Vegas and Clark County Housing Authorities
merged on January 1, 2010. Pursuant to this merger, it was
discovered that several HAP contracts had not been executed during
the requisite time period. The regulation was waived since failure
to execute those HAP contracts after the due date was not the fault
of the SNRHA and to ensure continued rental assistance to families
under those HAP contracts.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.503(d) and 982.505(c)(3).
Project/Activity: Municipality of San Juan Public Housing
Authority (MSJPHA), San Juan, PR.
Nature of Requirement: HUD's regulation at 24 CFR 982.503(d)
provides that HUD may consider and approve a PHA's establishment of
a payment standard lower than the basic range, but that HUD will not
approve a lower payment standard if the family share for more than
40 percent of participants in the PHA's Housing Choice Voucher
program exceeds 30 percent of adjusted monthly income. The
regulation at 24 CFR 982.505(c)(3) provides that if the amount on
the payment standard schedule is decreased during the term of the
HAP contract, the lower payment standard amount generally must be
used to calculate the monthly HAP for the family beginning at the
effective date of the family's second regular reexamination
following the effective date of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 26, 2010.
Reason Waived: These waivers were granted because these cost-
saving measures would enable MSJPHA to both manage its Housing
Choice Voucher program within allocated budget authority and avoid
or lessen the termination of HAP contracts due to insufficient
funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Columbus Housing Authority (CHA), Columbus,
GA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 30, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable CHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Low Rent Housing Agency of Burlington (LRHAB),
Burlington, IA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 10, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable LRHAB to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Portsmouth Housing Authority (PHA),
Portsmouth, RI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 14, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable PHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC. 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
[[Page 60799]]
Project/Activity: Watertown Housing Authority (WHA), Watertown,
SD.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 20, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable WHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: New Ulm Economic Development Authority
(NUEDA), New Ulm, MN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 27, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable NUEDA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of the City of Ansonia
(HACA), Ansonia, CT.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 8, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable HACA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing and Redevelopment Authority of Douglas
County (HRADC), Douglas County, MN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: July 9, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable HRADC to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Petersburg Redevelopment and Housing Authority
(PRHA), Petersburg, VA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 9, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable PRHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Ferndale Housing Commission (FHC), Ferndale,
MI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 10, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable FHC to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing and Redevelopment Commission of the
City of Aberdeen (HRCCA), Aberdeen, SD.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable HRCCA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Cortland Housing Authority (CHA), Cortland,
NY.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the
[[Page 60800]]
monthly HAP for the family beginning at the effective date of the
family's second regular reexamination following the effective date
of the decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable CHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Dodge County Housing Authority (DCHA), Dodge
County, WI.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
provides that if the amount on the payment standard schedule is
decreased during the term of the HAP contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning at the effective date of the family's
second regular reexamination following the effective date of the
decrease.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 17, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable DCHA to both manage its Housing Choice Voucher
program within allocated budget authority and avoid or lessen the
termination of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Tennessee Housing Development Agency (THDA),
Nashville, TN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 22, 2010.
Reason Waived: The participant, who has a disabled son, needed
to remain in her current neighborhood as a reasonable accommodation
for her son. To provide a reasonable accommodation so the
participant could be assisted in her new unit and pay no more than
40 percent of her adjusted income toward the family share, the THDA
was allowed to approve an exception payment standard that exceeded
the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Oklahoma Finance Agency (OFA), Oklahoma City,
OK.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: June 10, 2010.
Reason Waived: The participant, who is disabled, needed to
remain in her current unit because it accommodates her disability.
To provide this reasonable accommodation so the participant could be
assisted in her current unit and pay no more than 40 percent of her
adjusted income toward the family share, the OFA was allowed to
approve an exception payment standard that exceeded the basic range
of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 983.51(b)(c) and (f).
Project/Activity: West Allis Community development Authority
(WACDA), West Allis, WI.
Nature of Requirement: HUD's regulation at 24 CFR 983.
51(b)(c)(d) and (f) basically require competitive selection of owner
proposals for project-based vouchers (PBV) unless the units were
competitively selected under a similar competitive process as
described in the regulation.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 1, 2010.
Reason Waived: This waiver was granted in order to maintain the
affordability of a Senior Housing Complex owned by the City of West
Allis and operated by the WACDA due to rising maintenance costs and
the need to charge market rents.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 983.206(b).
Project/Activity: Malden Housing Authority (MHA), Malden MA.
Nature of Requirement: HUD's regulation at 24 CFR 983.206(b)
states that at the discretion of the PHA and provided that the total
number of units in a project that will receive project-based voucher
(PBV) assistance or other project-based assistance will not exceed
25 percent of the number of dwelling units (assisted or unassisted)
in the project or the 20 percent of authorized budget authority, a
housing assistance payments (HAP) contract may be amended during the
three-year period immediately following the execution date of the
HAP contract to add additional PBV contract units in the same
project.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: May 7, 2010.
Reason Waived: The regulation was waived to allow MHA to attach
PBV assistance as enhanced vouchers turned over for up to the term
of the HAP contract, 15 years, in order to maintain their
affordability on a non-specified schedule.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
Regulation: 24 CFR 985.101(a).
Project/Activity: Housing Authority of New Orleans (HANO), New
Orleans, LA.
Nature of Requirement: HUD's regulation at 24 CFR 985.101(a)
states that a public housing agency must submit the HUD-required
Section Eight Management Assessment Program (SEMAP) certification
form within 60 calendar days after the end of its fiscal year.
Granted By: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: April 26, 2010.
Reason Waived: HANO is under receivership and the HUD-selected
contractor assessed HANO's operation and determined a plan to bring
the agency into compliance will not be in place until the third or
fourth quarter of HANO's fiscal year ending September 30, 2010.
SEMAP certifications will not have to be submitted by HANO until its
fiscal year ending September 30, 2012.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street, SW., Room 4210,
Washington, DC 20410-5000, telephone (202) 708-0477.
[FR Doc. 2010-24608 Filed 9-30-10; 8:45 am]
BILLING CODE 4210-67-P