[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17951-17962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7525]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5420-N-04]
Notice of Regulatory Waiver Requests Granted for the Fourth
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 October 1, 2010, and ending on December 31, 2010.
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 fourth 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
[[Page 17952]]
October 1, 2010 through December 31, 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 fourth quarter of
calendar year 2010) before the next report is published (the first
quarter of calendar year 2011), HUD will include any additional waivers
granted for the fourth quarter in the next report.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: March 24, 2011.
Helen R. Kanovsky,
General Counsel.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development October 1,
2010 Through December 31, 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 50.17(e).
Project/Activity: The Turtleville project in Belcourt, ND,
contained 117 units of housing that were built upon a former
landfill and suffered from mold. Replacement housing was built and
families were relocated. The unoccupied housing at Turtleville
became an attractive nuisance to the community and the Turtle
Mountain Housing Authority demolished the housing with funds under
the Native American Housing Assistance and Self-Determination Act of
1996 (NAHASDA) before completing an environmental review to address
the public health and safety concerns.
In accordance with 24 CFR part 58 (Sec. Sec. 58.11(c) and (d)
and 58.77(d)(1)), HUD agreed to assist the Tribe by re-assuming
environmental responsibilities for the project.
Nature of Requirement: The regulation requires that when HUD
exercises environmental responsibility under 24 CFR part 50 for
projects originally subject to 24 CFR part 58, an Environmental
Assessment and Finding of No Significant Impact shall be completed
before HUD's execution of a contract.
Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 29, 2010.
Reason Waived: The waiver was granted based on the following
findings: (1) The project will further the HUD mission and will
advance HUD program goals to support safe communities and decent and
safe housing; (2) the need for reversion of environmental
responsibilities for this project from 24 CFR part 58 to 24 CFR part
50 arose after HUD has signed a contract providing for assistance
under NAHASDA; and (3) based on the environmental assessment and the
HUD field inspection, granting a waiver will not result in any
unmitigated, adverse environmental impact.
Contact: Danielle Schopp, Office of Environment and Energy,
Office of Community Planning and Development, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 7250,
Washington, DC 20410-7000, telephone (202) 402-4442.
Regulation: 24 CFR 570.200(h)(1)(ii).
Project/Activity: The city of Baltimore, MD, requested a waiver
of the regulation pertaining to pre-award costs, in order to be
permitted to incur costs for Community Development Block Grant
(CDBG) program eligible activities beginning with its July 1, 2010,
program year start date, rather than the August 9, 2010 date on
which the city's fiscal year 2010-2014 Consolidated Plan was
submitted to HUD.
Nature of Requirement: HUD's regulations at 24 CFR
570.200(h)(1)(i) through (vi) establish the conditions under which a
CDBG entitlement grantee may incur costs prior to the effective date
of the grant agreement between HUD and the grantee. After the
effective date of the grant agreement, the grantee may pay for those
costs using CDBG funds provided those conditions are met.
Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 27, 2010.
Reason Waived: The Department determined that Baltimore complied
with the conditions described in 24 CFR 570.200(h)(1)(i), (iii),
(iv), (v) and (vi). Citizens are to be advised of the extent to
which pre-award costs will affect future grants pursuant to 24 CFR
570.200 (h)(1)(iii). At the time the costs were incurred, however,
it appears that the city may not have complied with this provision.
Based on the information provided by the city, the costs in question
were allocable to the city's current CDBG award and the city will
not use a future CDBG grant for those costs. Therefore, because
Baltimore's future CDBG awards will not be affected by this action,
HUD waived the requirement at 24 CFR 570.200(h)(1)(ii).
Contact: Valerie Browne, Office of Block Grant Assistance,
Entitlement Communities Division, Office of Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 7282, Washington, DC 20410, telephone
(202) 402-4533.
Regulation: 24 CFR 570.209(b)(3)(i)(A).
Project/Activity: The city of Cleveland, Ohio requested a waiver
of the public benefit standards for special economic development
activities at 24 CFR 570.209(b)(3)(i)(A) for an individual activity.
The waiver would allow the city to provide financial assistance,
i.e. Section 108 Guaranteed Loan funds, to Dunham Square Land, LLC,
a for-profit developer in the City of Cleveland.
Nature of Requirements: HUD's regulation at 24 CFR
570.209(b)(3)(i)(A) specifies that for special economic development
activities that create or retain jobs, the use of Community
Development Block Grant funds cannot exceed $50,000 per full-time
equivalent job for individual activities. The city's activity did
not meet the individual public benefit requirement because the
actual dollar per full-time equivalent job was $71,334.
Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: October 6, 2010.
Reasons Waived: HUD granted the waiver because the waiver would
assist the city in completing its Empowerment Zone redevelopment
strategy of creating new jobs and leveraging new investment in one
of its most distressed neighborhoods. Additionally, it was
determined that the activity would result in the creation of 150
full-time equivalent jobs.
Contact: Paul D. Webster, Director, Financial Management
Division, Office of Block Grant Assistance, Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street SW., Room 7178, Washington, DC 20410-7000, telephone
(202) 708-1871.
Regulation: 24 CFR 570.705(f).
Project/Activity: The city of Scranton, Pennsylvania, requested
a waiver of the limit on the repayment period for a loan
[[Page 17953]]
guaranteed pursuant to Section 108 of the Housing and Community
Development Act of 1974, as amended. The waiver will permit the city
of Scranton to extend the maturity of its pass-through loan (the
``Obligor Loan'') to Steamtown Mall Partners, L.P., which operates a
downtown mall facility.
Nature of Requirements: HUD's regulations at 24 CFR 570.705(f)
provide that the maximum loan repayment period on a debt obligation
guaranteed under Section 108 is 20 years. Since the debt obligation
in question was originally issued in 1992, the final principal
payment permitted on the Section 108 obligation is August 1, 2012.
Consequently, the requested maturity date of August 1, 2013 would be
prohibited by the regulatory limitation.
Granted by: Mercedes M. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: December 20, 2010.
Reasons Waived: HUD granted the waiver to facilitate the
extension of the Obligor Loan and thereby avoid the loss of 900
jobs, numerous store closings, and the potential vacancy of the
lynchpin building of the city's downtown renovation. Failure to
grant the waiver would have required the city of Scranton to apply
CDBG funds, in lieu of other funds anticipated to be available in
July 2013, to the payment due on the Section 108 loan. Such
application of CDBG funds would deprive the city of resources that
would otherwise be used to meet the community development needs of
an economically distressed city.
Contact: Paul D. Webster, Director, Financial Management
Division, Office of Block Grant Assistance, Community Planning and
Development, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 7178, Washington, DC 20410-7000, telephone
(202) 708-1871.
Regulation: Section IV.A.1 of the Notice of
Allocations, Application Procedures, and Requirements for Homeless
Prevention and Rapid Re-Housing Program Grantees under the American
Recovery and Reinvestment Act of 2009 (HPRP Notice).
Project/Activity: Homelessness Prevention and Rapid Re-Housing
Program (HPRP) grantee, the City of San Diego, California, requested
a waiver in order to provide financial assistance to HPRP
participants in housing owned by the subgrantee, San Diego Housing
Commission (SDHC).
Nature of Requirement: Subsection IV.A.1 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: November 18, 2010.
Reason Waived: The subgrantee provided sufficient information
for HUD to conclude the following:
(1) The use of the housing owned by SDHC is necessary to provide
an adequate supply of appropriate housing options for HPRP
participants; (2) SDHC disclosed the conflict of interest; (3)
SDHC'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 SDHC's housing in order to receive
financial or other assistance under HPRP; (5) the use of the housing
owned by SDHC 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; and (6) the housing
owned by SDHC is not subsidized through another federal, state, or
local housing program.
Contact: Ann M. Oliva, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street,
SW., Room 7262, Washington, DC 20410-7000, telephone number (202)
708-4300.
Regulation: Section III.A of the HPRP Notice.
Project/Activity: HPRP grantee, the State of Utah, requested a
waiver to retain and use its grant funds to directly carry out Data
Collection and Evaluation activities under HPRP.
Nature of Requirement: Section 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 the
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. M[aacute]rquez, Assistant Secretary for
Community Planning and Development.
Date Granted: December 23, 2010.
Reason Waived: The grantee provided sufficient information for
HUD to conclude the following: (1) The Homeless Management
Information System (HMIS) was already in place; (2) the HMIS was
being administered by the State of Utah, 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
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street,
SW., Room 7262, Washington, DC 20410-7000, telephone number (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 200.926d (f)(1)(i) and (2)(i).
Project/Activity: This request for waiver pertains to certain
boroughs in the State of Alaska, specifically Juneau, Mantanuska-
Susitna, Anchorage, Bethel, North Slope (Barrow), Fairbanks (North
Star and Southeast) and the Kenai Peninsula, where conventional
water supply systems, such as those required under FHA's Minimum
Property Standards are not feasible as water sources due to the
unique geographical characteristics present there.
Nature of Requirement: FHA's Minimum Property Standards (MPS)
regulations governing new construction for single-family dwellings,
24 CFR 200.926d(f)(1)(i) and (f)(2)(i) provide that to be eligible
for FHA insurance, each living unit within a newly constructed
single-family residential property should be capable of delivering a
flow of 5 gallons per minute (gpm) over a 4 hour period in order to
provide a continuing and sufficient supply of safe water under
adequate pressure and appropriate quality for household use.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Waiver Date Granted: October 15, 2010.
Reason Waived: The waiver was granted to allow in these Alaska
boroughs for FHA mortgage insurance to be secured by properties,
otherwise eligible for FHA mortgage insurance, that rely upon hauled
water, cisterns and other alternative water supply systems where
there is no other acceptable permanent water supply available.
Contact: Peter Gillispie, Housing Program/Policy Specialist,
Home Valuation Policy Division, Office of Single Family Program
Development, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 9270, Washington, DC
20410, telephone (202) 402-3439.
Regulation: 24 CFR 219.220(b).
Project/Activity: Smith Keys Village Apartments, FHA No. 082-
35019. The owner requested permission to defer repayment of the
Flexible Subsidy Loan on this 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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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 the mortgage, termination of
mortgage insurance, prepayment of the of the mortgage, or sale of
the project, 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.'' Any of these actions
typically would terminate FHA involvement with the property, and the
Flexible Subsidy Loan would be repaid, in whole, at this time. The
Section 221(d)(3) mortgage on the project matured in September 2004.
Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 30, 2010.
Reason Waived: This regulation was waived in order to allow the
owner to defer repayment and re-amortize the existing balance plus
accrued interest on the Flexible Subsidy Loan over a 15-year period.
The owner will execute and record a Use Agreement for the term of
the re-amortized Flexible Subsidy Loan. This waiver will ensure
preservation of the project as an affordable housing resources for
an additional 15 years.
Contact: James C. Wyatt, Housing Program Manger, Field Asset
Management Division,
[[Page 17954]]
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 6168, Washington, DC 20410-8000, telephone
(202) 708-3730, extension 2519.
Regulation: 24 CFR 219.220(b).
Project/Activity: Grote Street Apartments--FHA Project Number
012-060NI, Bronx, New York. The owner requested to defer repayment
of the Flexible Subsidy Loan on this project due to financial
difficulties at the property.
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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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.'' Because
there has been no new operating assistance provided under the
Flexible Subsidy Program since 1996, the 1996 regulations continue
to govern the rights and obligations of housing owners and tenants
with respect to projects assisted under the Flexible Subsidy Program
prior to May 1996.
Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: October 15, 2010.
Reason Waived: The owner requested and was granted a waiver to
defer of repayment of the Flexible Subsidy Operating Assistance Loan
at the time of repayment of the mortgage. This allowed the owner to
utilize funds to complete many necessary repairs at the project,
thereby strengthening the physical and financial stability of the
project. The loan will be re-amortized over a 20-year period and a
new rental Use Agreement is to be executed. This waiver will also
prevent displacement of tenants and serve to preserve this project
as an affordable housing resource.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Twin Parks N.E., Bronx, New York--FHA Project
Number 012-027NI. The owner requested waiver of this regulation to
permit transfer of ownership, and to make urgently needed repairs at
the property.
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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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.'' Because
there has been no new operating assistance provided under the
Flexible Subsidy Program since 1996, the 1996 regulations continue
to govern the rights and obligations of housing owners and tenants
with respect to projects assisted under the Flexible Subsidy Program
prior to May 1996.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: October 15, 2010.
Reason Waived: The granting of this regulatory waiver allowed
the sale of Twin Parks, N.E. and deferral of repayment of the
Flexible Subsidy Loan in full upon prepayment of the Section 236
mortgage. The new owner agreed to address the physical needs of the
property by making urgently needed repairs. The mortgage will be re-
amortized over a 20-year period maintaining the property as an
affordable housing resource.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Zion Towers, Newark, New Jersey--FHA Project
Number 031-003-NI. The owner requested waiver of this regulation to
permit deferral of repayment of the Flexible Subsidy Loans upon
refinancing of the Section 236 mortgage.
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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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.'' Because
there has been no new operating assistance provided under the
Flexible Subsidy Program since 1996, the 1996 regulations continue
to govern the rights and obligations of housing owners and tenants
with respect to projects assisted under the Flexible Subsidy Program
prior to May 1996.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: November 10, 2010.
Reason Waived: Granting the waiver allowed the proposed owner to
assume the loan, remove the seller from the transaction and gain
site control. The new owner proposed rehabilitation of the project
which would benefit the City of Newark, contribute to improvement of
the neighborhood, reduce criminal activity through improvements in
security, and improve living conditions for the residents of Zion
Towers. Deferral of repayment of the Flexible Subsidy Loans would
increase the availability of funds for the project. A new rental Use
Agreement is to be executed, extending the affordability of the
project through the term of the new financing.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Council Towers Apartments--FHA Project Number
085-SH010. The owner requested to sell the property and allow a
profit-motivated owner to refinance the mortgage. Deferral of
repayment of the Flexible Subsidy Operating Assistance Loan on this
project will allow a longer term to pay off the loan.
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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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.'' Because
there has been no new operating assistance provided under the
Flexible Subsidy Program since 1996, the 1996 regulations continue
to govern the rights and obligations of housing owners and tenants
with respect to projects assisted under the Flexible Subsidy Program
prior to May 1996.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: November 22, 2010.
Reason Waived: The owner requested waiver of the requirement to
defer repayment of the Flexible Subsidy Operating Assistance Loan
because the project is 40 years old, 50 percent occupied, in poor
condition and unable to repay the loan at the time of sale or
refinancing. Deferment is necessary to recapitalize the property and
make urgently needed repairs which will preserve the property as
affordable housing in good condition for the long term. A new rental
Use Agreement is to be executed for the 40-year term of the new
loan.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 7538.
Regulation: 24 CFR 219.220(b).
Project/Activity: Guild Park Apartments, San Antonio, Texas--FHA
Project Number 115-35035. The owner requested to defer repayment of
the Flexible Subsidy loans on this 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 (Flexible Subsidy
Program) and, prior to May 1, 1996, this provisions 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
[[Page 17955]]
would be repaid, in whole, at that time.'' Because there has been no
new operating assistance provided under the Flexible Subsidy Program
since 1996, the 1996 regulations continue to govern the rights and
obligations of housing owners and tenants with respect to projects
assisted under the Flexible Subsidy Program prior to May 1996.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: December 14, 2010.
Reason Waived: This waiver was granted in order to allow the
owner to amortize the flexible subsidy debt with a newly financed
mortgage. The owner is to record a new rental Use Agreement for the
40-year term of the re-amortized Flexible Subsidy Loan, extending
project affordability until November 1, 2051. This waiver will
ensure that the current residents are not displaced or lose their
subsidy and that the project will be substantially rehabilitated to
meet or exceed the Department's standards for providing safe,
decent, sanitary and affordable housing.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 2078.
Regulation: 24 CFR 232.3.
Project/Activity: Sarah's Place Memory Care; Glendale, AZ.
Nature of Requirement: HUD's regulation at 24 CFR 232.3 requires
one full bathroom for every four residents of a board and care home
or assisted living facility and bathroom access must not pass
through a public corridor or area.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: December 2, 2010.
Reason Waived: The project agreed to provide for one half-bath
per single occupancy residency unit and one full bathroom with
shower or bath per six residency units. The project is a memory care
facility and residents require staff supervision for bathing safely;
therefore, the facility is designed with bathing facilities located
centrally to insure supervision. This design is similar to newer
memory care facilities found throughout the country.
Contact: Renee D. Greenman, Director, NW/Alaska Multifamily,
Seattle Federal Office Building, Office of Housing, Department of
Housing and Urban Development, 909 First Avenue, Room 190, Seattle,
Washington 98104-1000, telephone (206) 220-6227.
Regulation: 24 CFR 232.3.
Project/Activity: Mayberry Gardens, V; Garland, TX.
Nature of Requirement: HUD's regulation at 24 CFR 232.3 requires
one full bathroom for every four residents of a board and care home
or assisted living facility and bathroom access must not pass
through a public corridor or area.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: December 2, 2010.
Reason Waived: HUD granted the waiver because the loan is to be
used to provide three additional building of 11 units each to an
existing 88 unit facility. For each building of 11 units, three
units will have accessible private baths, three will have accessible
half-baths and five will have inaccessible half baths. The two
bathing facilities are located in the center of the building and
will serve the eight inaccessible units. Although the bathing
facilities are across a public corridor, the facilities are not
located in an area that will be frequented by anyone other than
residents and staff. Additionally, the regulations do not define
``public corridor.'' The current facility has an 8/1 resident/
bathing facility ratio and maintains a 98% or better occupancy rate.
Because many residents are frail, families typically prefer
assistance for bathing in a central facility even when private
facilities are available.
Contact: Renee D. Greenman, Director, NW/Alaska Multifamily,
Seattle Federal Office Building, Office of Housing, Department of
Housing and Urban Development, 909 First Avenue, Room 190, Seattle,
Washington 98104-1000, telephone (206) 220-6227.
Regulation: 24 CFR 232.251(a), 207.258b(b), and
207.258b(c)(1).
Project/Activity: The Lenox on the Lake, Lauderhill, FL.
Nature of Requirement: HUD's regulations at the above-referenced
provisions: require the mortgagee to notify the Commissioner of its
election to assign the mortgage to HUD (24 CFR 207.251(a)); and
restrict partial payments of claims to, inter alia, when necessary
for maintaining ``the low-and moderate-income character'' of the
project (24 CFR 258b(b) and 207.258b(c)(1)).
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: November 12, 2010.
Reason Waived: Waiver of these regulations allowed the mortgagee
to participate in a partial payment of claim that would be less
costly to the federal government. It is anticipated the fund would
avoid paying a $21.47 million claim and instead make a partial
payment that is $11 million less. Additionally, granting of the
waiver allowed the continuing operations of the facility, thus 90
elderly residents would not be uprooted and the facility would
remain a viable housing choice.
Contact: John Hartung, Senior Account Executive, St. Louis Field
Office, Office of Housing, Department of Housing and Urban
Development, 1222 Spruce Street, St. Louis, MO 63103-2836, telephone
(314) 539-6333.
Regulation: 24 CFR 290.30(a).
Project/Activity: Marion Avenue Apartments, Bronx, New York--FHA
Project Number 012-35312V. The owner requested waiver of this
regulation to permit the purchase of this HUD-Held mortgage loan on
a noncompetitive basis.
Nature of Requirement: HUD's regulations governing the sale of
HUD-Held mortgages are set forth in 24 CFR part 290, subpart B.
Section 290.30(a) of those regulations state: ``[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: November 4, 2010.
Reason Waived: Granting of the waiver allowed the sale of Marion
Avenue Apartments on a non-competitive basis. The sale of the
property will provide a tax savings to the state of New York, as
well as preserving the property as affordable housing. These
measures also serve to prevent foreclosure of the property.
Contact: Marilyn M. Edge, Acting Director, Office of Asset
Management, Office of Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 6164, Washington, DC
20410-8000, telephone (202) 708-3730, extension 7538.
Regulation: 24 CFR 891.100(d).
Project/Activity: Kappa House II Apartments, Cleveland, OH,
Project Number: 042-EE206/OH12-S061-004.
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: October 22, 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: CAAP Place of Hope, Memphis, TN, Project
Number: 081-HD026/TN40-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: November 23, 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: The Apartments at St. Elizabeth's, Linden, NJ,
Project Number: 031-HD155/NJ39-Q081-001.
[[Page 17956]]
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: November 24, 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Pelican Place Apartments, Wooster, OH, Project
Number: 042-HD148/OH12-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: October 29, 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 allow the sponsor time to
obtain gap financing, issue the Firm Commitment and 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: West Bergen ILP 2005, Ridgewood, NJ, Project
Number: 031-HD145/NJ39-Q051-001.
Nature of Requirement: Section 891.100(d) prohibits amendment of
the amount of the approved capital advance funds prior to initial
closing. Section 891.165 provides that the duration of the fund
reservation of the capital advance is 18 months from the date of
issuance with limited exceptions up to 24 months, as approved by HUD
on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: December 15, 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.100(d) and 24 CFR 891.165.
Project/Activity: Bridge Gardens, Bronx, NY, Project Number:
012-HD106/NY36-Q011-003.
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: December 23, 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 issue 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hale Mahaolu Ehiku, Phase II, Project Number:
140-EE035/HI10-S051-002.
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: October 4, 2010.
Reason Waived: Additional time was needed for this mixed finance
project to resolve cost certification issues and for initial/final
closing to take place.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 6134,
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: October 4, 2010.
Reason Waived: Additional time was needed for the tax credit
investor to prepare for endorsement 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Emerald Rose I Apartments, Burton, OH, Project
Number: 042-HD141/OH12-Q061-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: October 6, 2010.
Reason Waived: Additional time was needed for the field office
to complete its review of the new site, submit the request for
approval of the site change to HUD Headquarters 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Sierra Manor II, Reno, NV, Project Number:
125-EE129/Nv25-S061-003.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: October 6, 2010.
Reason Waived: Additional time was needed for the sponsor/owners
to obtain additional documentation from their general contractor,
for the firm commitment 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Parham House, Vista, CA, Project Number: 129-
HD031/CA33-Q061-001.
Nature of Requirement: Section 891.165 provides that the
duration of the fund
[[Page 17957]]
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: October 21, 2010.
Reason Waived: Additional time was needed for the contractor to
obtain bonding, for the loan documents for the additional funding to
be finalized 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 Seventh Street, SW., Room 6134,
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 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: October 21, 2010.
Reason Waived: Additional time was needed to complete the review
and approval of the closing documents and for the project to achieve
an initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Paseo De Luz Apartments, Oxnard, CA, Project
Number: 122-HD168/CA16-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: October 21, 2010.
Reason Waived: Additional time was needed for the lenders to
complete their review of the firm commitment, update their reports,
finalize their loan documents, and complete disbursement of all
funds 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 Seventh Street, SW., Room 6134,
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: October 22, 2010.
Reason Waived: Additional time was needed to prepare for and
achieve initial closing.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Brunswick Apartments, Brunswick, OH, Project
Number: 042-HD152/OH12-Q071-007.
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: October 22, 2010.
Reason Waived: Additional time was needed to issue the firm
commitment 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: St. Theresa's Elderly Housing (aka: Rose Hill
Manor), Billerica, MA, Project Number: 023-EE216/MA06-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: October 25, 2010.
Reason Waived: Additional time was needed to make changes and
modifications to the HUD lease addendum 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Fillmore Haciendas, Phoenix, AZ, Project
Number: 13-EE105/AZ20-S071-001.
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: November 17, 2010.
Reason Waived: Additional time was needed for the initial
closing package 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Willow Glen Apartments (aka: Newton Falls),
Newton Falls, OH, Project Number: 042-EE223/OH12-S071-009.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing--
Federal Housing Commissioner.
Date Granted: December 1, 2010.
Reason Waived: Additional time was needed for the county to
complete an environmental review, issue the firm commitment 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: AHEPA Apartment 63, Tallmadge, OH,
Project Number: 042-EE218/OH12-S071-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 15, 2010.
Reason Waived: Additional time was needed for the sponsor to
form the ownership limited partnership for the project, form the
firm commitment to be reprocessed and for the project 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: RJ Piltz Vista Bonita (aka: ASI-Mesa), Mesa,
AZ, Project Number: 123-HD041/AZ20-Q061-003.
[[Page 17958]]
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: December 15, 2010.
Reason Waived: Additional time was needed for the sponsor/
owner's architect to make the adjustments to the plans required by
the City of Mesa, for the firm commitment to be issued and for the
project 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 Seventh Street, SW., Room 6134,
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: December 23, 2010.
Reason Waived: Additional time was needed for because the
General Contractor suddenly passed away and the sponsor/owner needs
to review the credentials of the replacement contractor and for the
project 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Kappa House II Apartments, Cleveland, OH,
Project Number: 042-EE206/OH12-S061-004.
Nature of Requirement: Section 891.165 provides that the
duration of the fund reservation of the capital advance is 18 months
from the date of issuance with limited exceptions up to 24 months,
as approved by HUD on a case-by-case basis.
Granted by: David H. Stevens, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: December 23, 2010.
Reason Waived: Additional time was needed to review a revised
draft initial closing package which was submitted late due to an
Ownership change in the consultant firm and the illness of the
Owner's project counsel and for the project 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Willows at Melvin Place, Everett, WA, Project
Number: 127-HD041/WA19-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: December 23, 2010.
Reason Waived: Additional time was needed for the sponsor/owner
to prepare the closing documents and for the project 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.165, 24 CFR 891.830(b), CFR
891.830(c)(4) and 24 CFR 891.830(c)(5).
Project/Activity: Acacia Lane Senior Housing, Santa Rosa, 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: November 23, 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.
Additionally, granting of the waiver allowed the capital advance to
be drawn down in one requisition, to pay off that portion of a
bridge or construction financing, or bonds 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
Regulation: 24 CFR 891.830(c)(4).
Project/Activity: Elim Manor, Columbus, OH, Project Number: 043-
EE125/OH16-S081-004.
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: December 13, 2010.
Reason Waived: The waiver was granted to permit capital advance
funds to be used to pay off that portion of a bridge or construction
financing, or repaying a portion of bonds 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 Seventh Street, SW., Room 6134,
Washington, DC 20410-8000, telephone (202) 708-3000.
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 5.801(d)(1).
Project/Activity: Burlington County Human Services Facility
Rental Assistance, (NJ215), Mount Holly, NJ.
Nature of Requirement: The regulation establishes certain
reporting compliance dates. Audited financial statements are
required to be submitted to the Real Estate Assessment Center (REAC)
no later than nine months after the housing authority's (HA) fiscal
year end (FYE), in accordance with the Single Audit Act and OMB
Circular A-133.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: November 12, 2010.
Reason Waived: The HA submitted that their auditor was not able
to certify, verify and submit the audited financial information for
fiscal year end (FYE) December 31, 2009, as a result of an
unexpected absence and a slight problem with the auditor's access to
the Real Estate Assessment Center (REAC) Secure System. The waiver
was granted. The additional two weeks permitted the audit
documentation to be compiled and submitted into REAC's secure
system.
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, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of Maricopa County, (AZ009),
Phoenix, AZ.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their
[[Page 17959]]
management operations certification for FYEs June 30, 2009, or
September 30, 2009, may request another waiver for the FYE June 30,
2010, or September 30, 2010.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 8, 2010.
Reason Waived: The HA received an approved waiver from HUD on
June 30, 2009. The HA is continuing its conversion to asset
management, established ten Asset Management Projects (AMP) and has
expanded the role of its AMP Managers. The burden of trying to
certify MASS performance while continuing to move forward would
result in an unreasonable hardship. The waiver was granted for FYE
June 30, 2010 and the most recent management operations score of
record will be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 Twelfth Street, SW., Suite
100, Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Jackson County Housing Authority, (IL053),
Murphysboro, IL.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their management operations certification for FYEs June
30, 2009, or September 30, 2009, may request another waiver for the
FYE June 30, 2010, or September 30, 2010.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 08, 2010.
Reason Waived: The HA received an approved waiver for fiscal
year end (FYE) June 30, 2009. The HA is continuing its convert its
properties to Asset Management Projects (AMPS) and is rewriting its
software to conform to the new reporting requirements for an AMP
reconfiguration. The burden of trying to certify MASS performance
while continuing to move forward with the conversion to asset
management would result in an unreasonable hardship. The waiver was
granted for FYE June 30, 2010 and the most recent management
operations score of record will be carried over to the fiscal year
being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 Twelfth Street, SW., Suite
100, Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Fayetteville Metropolitan Housing Authority,
(NC009), Fayetteville, NC.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their management operations certification for FYEs June
30, 2009, or September 30, 2009, may request another waiver for the
FYE June 30, 2010, or September 30, 2010.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: October 21, 2010.
Reason Waived: The HA is continuing its conversion to asset
management. Concurrently, the HA has undertaken a number of projects
including a $ 20 million 2007 HOPE VI Revitalization Grant Program,
a $ 6.5 million 2009 Capital Fund Recovery Completive Grant and a
series of additional grant programs that focus on improving and
administering its 796 public housing units. The HA submitted that
having to submit its management operations certification while
continuing to move forward with the conversion would result in an
unreasonable hardship. The waiver was granted for FYE September 30,
2010 and the most recent management operations score of record will
be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 Twelfth Street, SW., Suite
100, Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Knoxville Community Development Corporation,
(TN003), Knoxville, TN.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their management operations certification for FYEs June
30, 2009, or September 30, 2009, may request another waiver for the
FYE June 30, 2010, or September 30, 2010.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: November 8, 2010.
Reason Waived: The HA received an approved waiver from HUD on
May 25, 2010. The HA is transitioning to asset management and
compiling and submitting a management operations certification would
impose an administrative hardship. The HA submitted that a waiver of
the requirement of the MASS certification would allow their staff to
concentrate on organizational, procedural and software changes that
transition the HA's operations of assets from portfolio- based to
property-based management. The waiver was granted for FYE June 30,
2010 and the most recent management operations score of record will
be carried over to the fiscal year being assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, 550 Twelfth Street, SW., Suite
100, Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 902.40.
Project/Activity: Housing Authority of Clackamas County,
(OR011), Oregon City, OR.
Nature of Requirement: The regulation establishes that public
housing agencies (PHAs) are required to submit a management
operations certification under Public Housing Assessment System
(PHAS). In accordance with Federal Register Notice (FR-5428-N-01),
dated July 23, 2010, PHAs that requested and received an approved
waiver for their management operations certification for FYEs June
30, 2009, or September 30, 2009, may request another waiver for the
FYE June 30, 2010, or September 30, 2010.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: December 8, 2010.
Reason Waived: The HA received an approved waiver from HUD on
June 30, 2009 and completed its conversion to asset management
during FYE 2008. The HA requested a waiver due to the resulting
hardship created by having to certify its MASS performance during
the transition period and prior to any potential regulatory changes
that may result at some future point in time. The waiver was granted
for FYE June 30, 2010 and the most recent management operations
score of record will be carried over to the fiscal year being
assessed.
Contact: Johnson Abraham, Program Manager, NASS, Real Estate
Assessment Center, Office of Public and Indian Housing, Department
of Housing and Urban Development, Twelfth Street, SW., Suite 100,
Washington, DC 20410, telephone (202) 475-8583.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Indianapolis Housing Authority (IHA),
Indianapolis, IN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 2, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the IHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Inglewood Housing Authority (IHA), Inglewood,
CA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the
[[Page 17960]]
amount on the payment standard schedule is decreased during the term
of the housing assistance payments (HAP) contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning on 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 2, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the IHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Housing Authority of Skagit County (HASC),
Skagit County, WA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 8, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the HASC to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: West Springfield Housing Authority (WSHA),
West Springfield, MA.
Nature of Requirement: 24 CFR 982.505(c)(3) states that, if the
amount on the payment standard schedule is decreased during the term
of the housing assistance payments (HAP) contract, the lower payment
standard amount generally must be used to calculate the monthly HAP
for the family beginning on 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 8, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the WSHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Worthington Housing and Redevelopment
Authority (WHRA), Worthington, MN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 8, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the WHRA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Crookston Housing and Economic Development
Authority (CHEDA), Crookston, MN.
Nature of Requirement: HUDS's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 19, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the CHEDA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: East Chicago Housing Authority (ECHA), East
Chicago, IN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 20, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the ECHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Carbon County Housing Authority (CCHA), Carbon
County, PA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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 29, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the CCHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: LeSueur County Housing and Redevelopment
Authority (LCHRA), LeSueur County, MN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on the
effective date of the family's second regular reexamination
following the effective date of the decrease.
[[Page 17961]]
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: July 29, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the LCHRA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Randolph County Housing Authority (RCHA),
Randolph County, IL.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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: August 6, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the RCHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Richmond Housing Authority (RHA), Richmond,
IN.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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: August 13, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the RHA to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: Terrebone Parish Consolidated Government
(TPCG), Terrebone Parish, LA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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: August 18, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the TPCG to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(c)(3).
Project/Activity: People Incorporated of Southwest Virginia
(PISV), Arlington, VA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(c)(3)
states that, if the amount on the payment standard schedule is
decreased during the term of the housing assistance payments (HAP)
contract, the lower payment standard amount generally must be used
to calculate the monthly HAP for the family beginning on 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: September 21, 2010.
Reason Waived: This waiver was granted because this cost-saving
measure would enable the PISV to manage its Housing Choice Voucher
program within allocated budget authority and avoid the termination
of HAP contracts due to insufficient funding.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Housing Authority of the City of Los Angeles
(HACLA), Los Angeles, CA.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: July 2, 2010.
Reason Waived: The participant, who is disabled, required an
exception payment standard to remain in her assisted unit. Her
health care provider confirmed the need for this participant to
remain in her unit. To provide this reasonable accommodation so the
client could be assisted in her current unit and pay no more than 40
percent of her adjusted income toward the family share, the HACLA
was allowed to approve an exception payment standard that exceeded
the basic range of 90 to 110 percent of the FMR.
Contact: Laure Rawson, Acting Director, Housing Voucher
Management and Operations Division, Office of Public Housing and
Voucher Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Cumberland County Housing Authority,
Cumberland (CCHA), Cumberland County, PA.
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: July 20, 2010.
Reason Waived: The participant, who has a disabled daughter,
required an exception payment standard to remain in her assisted
unit as her daughter's health care provider recommended that she not
relocate. To provide this reasonable accommodation so the client
could be assisted in her current unit and pay no more than 40
percent of her adjusted income toward the family share, the CCHA 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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Grand Forks Housing Authority (GFHA), Grand
Forks, ND.
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.
[[Page 17962]]
Date Granted: August 13, 2010.
Reason Waived: The participant, who is disabled, required a
wheelchair-accessible unit. To provide this reasonable accommodation
so the client could be assisted in this unit and pay no more than 40
percent of her adjusted income toward the family share, the GFHA 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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Lincoln Housing Authority (LHA), Lincoln, RI.
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: August 13, 2010.
Reason Waived: The applicant, who is disabled, needed a unit
that is free of chemical fumes. To provide this reasonable
accommodation so the client could be assisted in this unit and pay
no more than 40 percent of her adjusted income toward the family
share, the LHA 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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 982.505(d).
Project/Activity: Northeast Oregon Housing Authority (NOHA), La
Grande, OR.
Nature of Requirement: HUD's regulation at 24 CFR 982.505(d)
states that a public housing agency may only approve a higher
payment standard for a family as a reasonable accommodation if the
higher payment standard is within the basic range of 90 to 110
percent of the fair market rent (FMR) for the unit size.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 17, 2010.
Reason Waived: The participant, who is disabled, needed a unit
that is wheelchair-accessible with yard space for a service dog in
order to provide reasonable accommodation. To provide this
reasonable accommodation so the client could be assisted in this
current unit and pay no more than 40 percent of her adjusted income
toward the family share, the NOHA 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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 983.55(b).
Project/Activity: Minneapolis Public Housing Authority (MPHA),
Minneapolis, MN.
Nature of Requirement: HUD's regulation at 24 CFR 983.55(b)
states that the public housing agency may not enter an agreement to
enter into a housing assistance payments contract (AHAP) until HUD
or an independent entity approved by HUD has conducted any required
subsidy layering review and determined that the project-based
voucher assistance is in accordance with HUD subsidy layering
requirements.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: September 2, 2010.
Reason Waived: This waiver was granted because MPHA
misunderstood the requirements and did not attempt to avoid
compliance. The project also complied with HUD's strategic goal of
increasing the number of affordable housing for families.
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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 983.58(d)(1)(i), 983.152(b), and
983.153(a) and (b).
Project/Activity: Minneapolis Public Housing Authority (MPHA),
Minneapolis, MN.
Nature of Requirement: The first regulation prohibits the public
housing agency (PHA) from entering into an Agreement to Enter into a
HAP Contract (AHAP) or starting construction until such time as the
responsible entity has completed the environmental review and HUD
has approved the environmental certification and request for release
of funds. The second regulation requires that a PHA enter into an
AHAP in which the owner agrees to develop the contract units to
comply with housing quality standards (HQS) and the PHA agrees that,
upon timely completion of such development in accordance with the
terms of the AHAP, the PHA will enter into a HAP contract with the
owner for the units. The third regulation states that: (a) The PHA
may not enter the AHAP with the owner until the subsidy layering
review is completed; and (b) the PHA may not enter the AHAP with the
owner until the environmental review is completed and the PHA has
received the environmental approval.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 13, 2010.
Reason Waived: The waiver was granted based on the documentation
that was reviewed by the field office showing that environmental
review requirements were met and that the developer complied with
the requirements under the AHAP, as well as the fact that without a
commitment of PBV assistance the viability of six projects as
affordable housing to replace the significant loss of affordable
housing units as a result of Hurricane Katrina would be in jeopardy.
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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
Regulation: 24 CFR 983.152(a) and 983.153(c).
Project/Activity: Housing Authority of the City of Los Angeles
(HACLA), Los Angeles, CA.
Nature of Requirement: HUD's regulation at 983.152(a) requires
that a public housing agency (PHA) must enter into an Agreement to
Enter into a Housing Assistance Payments (AHAP) Contract in a form
required by HUD. HUD's regulation at 24 CFR 983.153(c) requires
prompt execution of the AHAP after PHA notice of proposal selection
to the selected owner.
Granted by: Sandra B. Henriquez, Assistant Secretary for Public
and Indian Housing.
Date Granted: August 17, 2010.
Reason Waived: The waivers were granted because the owner
certified that the developer complied with the requirements under
the AHAP, and because the unique circumstances surrounding the need
for PBV assistance for the project as an integral piece of a much
larger funding commitment to serve low-income elderly, homeless and
special needs populations
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 Seventh Street, SW., Room 4210,
Washington, DC 20410; telephone (202) 708-0477.
[FR Doc. 2011-7525 Filed 3-30-11; 8:45 am]
BILLING CODE 4210-67-P