Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 17951 

[FR Doc. 2011–7551 Filed 3–30–11; 8:45 am] 

BILLING CODE 4210–67–C 

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. 

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 


wwoods2 on DSK1DXX6B1PROD with NOTICESEN31MR11.063</GPH>
17952 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 

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 § 58.73 and 

§ 58.74 would appear sequentially in the 

listing under § 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 

(§§ 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. Ma ́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. Ma ́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. Ma ́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 


wwoods2 on DSK1DXX6B1PROD with NOTICES
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 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. Ma ́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. Ma ́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. Ma ́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, MantanuskaSusitna, 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, 


wwoods2 on DSK1DXX6B1PROD with NOTICES
17954 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 

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 reamortized 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 


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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 halfbaths 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. 


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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-bycase 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-bycase 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-bycase 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 


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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. 


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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 


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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 


wwoods2 on DSK1DXX6B1PROD with NOTICES
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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. 


wwoods2 on DSK1DXX6B1PROD with NOTICES
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 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. 


wwoods2 on DSK1DXX6B1PROD with NOTICES
17962 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 

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 wheelchairaccessible 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 

DEPARTMENT OF THE INTERIOR 

Geological Survey 

[USGS–GX11CY00STF0000] 

Strengthening the Scientific 

Understanding of Climate Change 

Impacts on Freshwater Resources of 

the United States 

AGENCY: U.S. Geological Survey, 

Interior. 

ACTION: Notice of feedback. 

SUMMARY: We, the U.S. Geological 

Survey (USGS), announce the 


wwoods2 on DSK1DXX6B1PROD with NOTICES