[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64440-64460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24583]



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Part IV





Department of Housing and Urban Development





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Regulatory Waiver Requests Granted for the Second Quarter of Calendar 
Year 2004; Notice

Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / 
Notices

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4936-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2004

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on April 1, 2004, and ending on June 30, 2004.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Room 10276, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410-0500, telephone (202) 
708-3055 (this is not a toll-free number). Persons with hearing-or 
speech-impairments may access this number through TTY by calling the 
toll-free Federal Information Relay Service at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the second quarter of calendar year 2004.

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). This notice covers waivers of regulations granted by HUD 
from April 1, 2004, through June 30, 2004. For ease of reference, the 
waivers granted by HUD are listed by HUD program office (for example, 
the Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    Where more than one regulatory provision is involved in the grant 
of a particular waiver request, the action is listed under the section 
number of the first regulatory requirement that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec. Sec.  58.73 
and 58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report before the next report is 
published, the next updated report (which will be for the period July 
1, 2004 through September 30, 2004) will include these earlier waivers 
that were granted, as well as those that occurred during April 1, 2004, 
through June 30, 2004.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: October 28, 2004.
Kathleen D. Koch,
Acting General Counsel.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development April 1, 
2004, Through June 30, 2004

    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 Fair Housing and 
Equal Opportunity.
    III. Regulatory waivers granted by the Office of Housing.
    IV. 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.
    <bullet> Regulation: 24 CFR 92.503(b)(1).
    Project/Activity: The City of Amarillo, Texas, requested a 
waiver of the HOME Program repayment requirement for foreclosed 
properties, as established at 24 CFR 92.503(b)(1).
    Nature of Requirement: Section 92.503(b)(1) requires the grantee 
to repay funds when invested in a homebuyer project that does not 
meet the affordability requirement for the period specified in 24 
CFR 92.254 of the HOME regulations.
    Granted by: Roy A. Bernardi, Assistant Secretary for Community 
Planning and Development.
    Date Granted: May 19, 2004.
    Reasons Waived: Participating jurisdictions have very limited 
ability to prevent foreclosures of owner-occupied properties. The 
City of Amarillo was unaware that its program design potentially 
obligated it to repay all or a portion of the HOME funds that it 
provided to a homebuyer in the event of foreclosure, requiring the 
city to make such repayments for properties under its original 
program design would constitute a hardship. The potential hardship 
to the city justified good cause for granting the waiver.
    Contact: Virginia Sardone, Office of Affordable Housing, 
Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410-5000, telephone (202) 708-2470.

II. Regulatory Waivers Granted by the Office of Fair Housing and Equal 
Opportunity

    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.

[[Page 64441]]

    <bullet> Regulation: 24 CFR 135.38.
    Project/Activity: City of Watsonville, California, Public 
Parking Facility and Community Planning and Development funded 
assistance.
    Nature of Requirement: The work to be performed under a contract 
for this project, which funded by HUD assistance, is subject to the 
requirements of section 3 of the Housing and Urban Development Act 
of 1968 in section 3 of HUD's regulations in 24 CFR part 135. The 
purpose of section 3 is to ensure that employment and other economic 
opportunities generated by HUD assistance or HUD-assisted projects 
covered by section 3, shall, to the greatest extent feasible, be 
directed to low- and very-low income persons, particularly persons 
who are recipients of HUD assistance for housing. Section 135.38 of 
HUD's regulations requires all section 3 contracts to include a 
clause that reflects compliance with section 3.
    Granted by: Carolyn Y. Peoples, Assistant Secretary for Fair 
Housing and Equal Opportunity.
    Date Granted: April 5, 2004.
    Reason Waived: The City of Watsonville, a Community Development 
Block Grant (CDBG) entitlement city was in jeopardy of losing $2.75 
million dollar grant from the United States Department of Commerce's 
Economic Development Administration (EDA) for a public parking 
structure in downtown Watsonville. This was an issue because EDA 
took the position that the inclusion of the section 3 clause in the 
construction contracts would conflict with its procurement 
regulations and stated that it would not approve the City of 
Watsonville's procurement document if they include the section 3 
clause. Because of the exigent circumstances outlined in the waiver 
request and the considerable harm that would have resulted to the 
City of Watsonville, the waiver was granted.
    Contact: Linda J. Thompson, Director of Office of Economic 
Opportunity, Office of Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410-2000, telephone (202) 708-6385.

III. Regulatory Waivers Granted by the Office of 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.
    <bullet> Regulation: 24 CFR 5.801.
    Project/Activity: United Manor Apartments, Tarboro, NC, Project 
Number: 053-35018.
    Nature of Requirement: Section 5.801 governs the submission of 
the financial statements for multifamily properties receiving HUD 
assistance.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 21, 2004.
    Reason Waived: The property was under construction with a 
certificate of occupancy anticipated for June 2004. The submission 
of the Fiscal Year 2003 financial statement was waived because the 
property was not in operation during that fiscal year.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 236.725(e)(2).
    Project/Activity: Oakview Apartments, Millville, NJ, Project 
Number: 031-001N1.
    Nature of Requirement: Section 236.725 limits the term of the 
rental assistance contract to the term of the mortgage or 40 years 
from the date of the first payment made under the contract, 
whichever is the lesser.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 18, 2004.
    Reason Waived: The regulation was waived because it was 
determined that the project could be maintained as an affordable 
housing resource to the maturity date of the non-insured Section 236 
mortgage plus an additional five years through the execution and 
recording of a Decoupling Use Agreement.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 290.30(a).
    Project/Activity: Hilltop Gardens, Danville, VA, Project Number: 
051-EH162.
    Nature of Requirement: Section 290.30(a) requires that HUD-held 
multifamily mortgages be sold on a competitive basis, except for 
certain ``negotiated'' sales to state or local governments.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 8, 2004.
    Reason Waived: The sale of the note of Roman Eagle Properties, 
Inc., to Roman Eagle Memorial Home was determined more beneficial to 
the community than a competitive note sale because it ensures a 
local, continuing involvement in the facility and would give the 
residents a greater feeling of stability in that the original 
sponsor would continue to be very much involved in the property and 
dedicated to the principles sought in the property when the original 
financing was secured from HUD in 1991.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limitation imposed on above-market rents (24 CFR 
401.600):

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             FHA Number                          Project                      City                  State
----------------------------------------------------------------------------------------------------------------
4735109.............................  Bedford Manor Apartments....  BATTLE CREEK...........  MI
5494002.............................  Colony Apts.................  COLUMBIA...............  SC
10135343............................  Creekside Gardens...........  LOVELAND...............  CO
8335351.............................  Cumberland Manor Apartments.  CUMBERLAND.............  KY
7135648.............................  Cyril Court Apartments......  CHICAGO................  IL
4735110.............................  East Glen Apartments........  EAST LANSING...........  MI
5335448.............................  Gateway Village.............  HILLSBOROUGH...........  NC
8435256.............................  Granada Villa...............  BELTON.................  MO
9135083.............................  Lakeview Apartments.........  EUREKA.................  SD
5435475.............................  Lancaster Manor Apartments..  LANCASTER..............  SC
7335444.............................  Laurel Woods Apartments.....  SOUTH BEND.............  IN
6435241.............................  Livingston Manor Apartments.  DENHAM SPRINGS.........  LA
5235370.............................  Monterey Apartments.........  BALTIMORE..............  MD
5344119.............................  Oak Hill Apartments.........  WADESBORO..............  NC
6435243.............................  Oakwood Apartments..........  LEESVILLE..............  LA
35168...............................  Parkchester I Apartments....  WASHINGTON.............  DC
9435040.............................  Patterson Place.............  BISMARCK...............  ND
10292501............................  Plaza Apartments............  COFFEYVILLE............  KS
5435489.............................  Prescott Manor..............  COLUMBIA...............  SC
6535026.............................  St. Francis Apartments......  MERIDIAN...............  MS
3435190.............................  Strawberry Patch............  WHITEHALL..............  PA
8635186.............................  Sunset Village Apartments...  CLARKSVILLE............  TN
11435034............................  Union Acres Apartments......  CENTER.................  TX
5235362.............................  Upton Druid Apartments......  BALTIMORE..............  MD
12235495............................  Valley View Apartments......  DELANO.................  CA
1335118.............................  Village Point Apartments....  NEW HARTFORD...........  NY

[[Page 64442]]

 
8335324.............................  Virginia Apartments.........  LOUISVILLE.............  KY
5335371.............................  Virginia Dare Apartments....  ELIZABETH CITY.........  NC
5435499.............................  Winnfield West Apartments...  WINNSBORO..............  SC
----------------------------------------------------------------------------------------------------------------

    Nature of Requirement: Section 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after January 1, 1998. The intent of this provision 
is to ensure timely processing of requests for restructuring, and 
that the properties will not default on their Federal Housing 
Administration (FHA) insured mortgages during the restructuring 
process.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 27, 2004.
    Reason Waived: The projects listed above were not assigned to 
the participating administrative entities (PAEs) in a timely manner 
and therefore the restructuring analysis was unavoidably delayed due 
to no fault of the owner.
    Contact: Norman Dailey, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, SW., Washington, DC 
20410-8000, telephone (202) 708-3856.
    <bullet> Regulation: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limitation imposed on above-market rents (24 CFR 
401.600):

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             FHA Number                          Project                      City                  State
----------------------------------------------------------------------------------------------------------------
4635374.............................  Addy Square.................  ADDYSTON...............  OH
1257295.............................  Aldus I (aka Faile Street)..  BRONX..................  NY
3135233.............................  Aspen Hamilton Apartments...  PATERSON...............  NJ
5235350.............................  Barclay Greenmount..........  BALTIMORE..............  MD
6535353.............................  Bennie S. Gooden Estates....  CLARKSDALE.............  MS
4235378.............................  Boardwalk Apartments........  CLEVELAND..............  OH
7135482.............................  Bryn Mawr Apartments........  CHICAGO................  IL
12235565............................  Buckingham Apartments.......  LOS ANGELES............  CA
5335452.............................  Carriage House Apartments...  ENFIELD................  NC
5235359.............................  Charles Landing South.......  INDIAN HEAD............  MD
3335146.............................  Coraopolis Gardens..........  CORAOPOLIS.............  PA
6135325.............................  Dempsey Apartments..........  MACON..................  GA
1235566.............................  Ellenville Urban Renew Hsg    ELLENVILLE.............  NY
                                       (aka Canal Lock Apts).
7135492.............................  Evergreen Terrace II (aka     JOLIET.................  IL
                                       Buff Plaza).
11435351............................  Fox Run Apartments..........  ORANGE.................  TX
3435194.............................  Freeland III Housing........  FREELAND...............  PA
11435266............................  Heritage Square.............  TEXAS CITY.............  TX
8235231.............................  Hicky Garden Apartments.....  MARIANNA...............  AR
1257289.............................  Hunts Point I Rehab Project.  BRONX..................  NY
8735141.............................  Ivy Avenue Apartments.......  CROSSVILLE.............  TN
3435201.............................  Lancaster Apartments........  LANCASTER..............  PA
8135187.............................  Lexington Village Apartments  LEXINGTON..............  TN
5335455.............................  Liberty Village Apartments..  LIBERTY................  NC
6635161.............................  Lincoln Fields Apartments...   MIAMI.................  FL
11635110............................  Lintero Apartments..........  SILVER CITY............  NM
8335382.............................  Lynn Acres Apartments.......  SHELBYVILLE............  KY
5335402.............................  Meadow Woods Apartments.....  FAIRMONT...............  NC
5435482.............................  Northbridge Court...........  MONCKS CORNER..........  SC
11635101............................  Northgate Village Apartments  FARMINGTON.............   NM
11335069............................  River Park Village            LAMPASAS...............  TX
                                       Apartments.
8335381.............................  Rivertown Apartments........   LOUISVILLE............  KY
6335203.............................  The Oaks Apartments.........  SAINT AUGUSTINE........  FL
3335147.............................  Verona Gardens..............  VERONA.................  PA
5235367.............................  Windsor Gardens.............  FREDERICK..............  MD
7335464.............................  Woodland East Apartments III  MICHIGAN CITY..........  IN
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    Nature of Requirement: Section 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after January 1, 1998. The intent of this provision 
is to ensure timely processing of requests for restructuring, and 
that the properties will not default on their FHA insured mortgages 
during the restructuring process.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 19, 2004.
    Reason Waived: The projects listed above were not assigned to 
the participating administrative entities (PAEs) in a timely manner 
and therefore the restructuring analysis was unavoidably delayed due 
to no fault of the owner.
    Contact: Norman Dailey, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, SW., Washington, DC 
20410-8000, telephone (202) 708-3856, extension 3786.
    <bullet> Regulation: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limitation imposed on above-market rents (24 CFR 
401.600):

[[Page 64443]]



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             FHA Number                          Project                      City                  State
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7135480.............................  325 North Austin Apartments.  CHICAGO................  IL
2435060.............................  Bartlett Court..............  LEWISTON...............  ME
4335289.............................  Beasley Mills Apartments....  ATHENS.................  OH
1635071.............................  Broadway West Broadway......  NEWPORT................  RI
13344039............................  Childress Manor.............  CHILDRESS..............  TX
4535139.............................  Circle Brook Apartments.....  COWEN..................  WV
13335057............................  Garden Apartments...........  LUBBOCK................  TX
11635104............................  Gatewood Village Apts.......  CLOVIS.................  NM
6535352.............................  Higgins McLaurin Arms         CLARKSDALE.............  MS
                                       Apartments.
1257289.............................  Hunts Point I Rehab Project.  BRONX..................  NY
6235389.............................  Roosevelt Manor.............  BIRMINGHAM.............  AL
2332046.............................  St. Alfio's Villa...........  LAWRENCE...............  MA
----------------------------------------------------------------------------------------------------------------

    Nature of Requirement: Section 401.600 requires that projects be 
marked down to market rents within 12 months of their first 
expiration date after January 1, 1998. The intent of this provision 
is to ensure timely processing of requests for restructuring, and 
that the properties will not default on their FHA insured mortgages 
during the restructuring process.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 18, 2004.
    Reason Waived: The projects listed above were not assigned to 
the participating administrative entities (PAEs) in a timely manner 
and therefore the restructuring analysis was unavoidably delayed due 
to no fault of the owner.
    Contact: Norman Dailey, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, SW., Washington, DC 
20410-8000, telephone (202) 708-3856.
    <bullet> Regulation: 24 CFR 401.461.
    Project/Activity: The following projects requested waivers to 
the simple interest requirement on the second mortgage to allow 
compound interest at the applicable federal rate in 24 CFR 401.461.

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             FHA Number                          Project                      City                  State
----------------------------------------------------------------------------------------------------------------
04635113............................  Washington Park Apartments..  CINCINNATI.............  OH
04235384............................  The Plaza...................  TOLEDO.................  OH
----------------------------------------------------------------------------------------------------------------

    Nature of Requirement: Section 401.461 requires that the second 
mortgages have an interest rate not more than the applicable federal 
rate. Section 401.461(b)(1) states that interest will accrue but not 
compound. The intent of simple interest instead of compound interest 
is to limit the size of the second mortgage accruals to increase the 
likelihood of long-term financial and physical integrity.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: This regulatory restriction would be construed as 
a form of federal subsidy, thereby creating a loss of tax credit 
equity. The loss would have adversely affected the ability to close 
the restructuring plan and could cause the loss or deterioration of 
these affordable housing projects. Therefore, compound interest was 
necessary for the owner to obtain Low Income Housing Tax Credits 
under favorable terms and in order to maximize the savings to the 
federal government.
    Contact: Dennis Manning, Office of Multifamily Housing 
Assistance Restructuring, Department of Housing and Urban 
Development, Portals Building, Suite 400, 1280 Maryland Avenue, SW., 
Washington, DC 20410-8000 telephone (202) 708-3856.
    <bullet> Regulation: 24 CFR 883.306(b)(1).
    Project/Activity: Ashland/Dellwood Apartments, Cambridge, MN, 
Project Number: MN46-H162--MHFA <greek-i>80-092.
    Nature of Requirement: Section 883.306 restricts distribution on 
state agency administered Section 8 projects. Section 883.306(b)(1) 
provides that, for projects for elderly families, the first year's 
distribution will be limited to six percent on equity.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 10, 2004.
    Reason Waived: The Minnesota Housing Finance Agency (MHFA) 
negotiated and secured from the owner of Dellwood a commitment to 
remain in the Section 8 program for 10 years beyond its current 
commitment in return for an adjustment in allowable distribution 
consistent with that available to smaller projects in the MHFA 
portfolio. The terms of the Dellwood's negotiations were the same as 
imposed on the other MHFA bond financed Section 8 assisted projects 
that were provided a waiver permitting MHFA to continue to collect 
override and contract administration fees.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 883.606(b).
    Project/Activity: District of Columbia Housing Finance Agency's 
(DCHFA) Series 1998 and Series 1999 Multifamily Mortgage Revenue 
Refunding Bonds, Washington, DC.
    Nature of Requirement: Part 883 of HUD's regulations in 24 CFR 
regulates the section 8 housing assistance payments contracts 
administered by state housing agencies. Under Sec.  883.606(b), an 
agency administering a contract on newly constructed or 
substantially rehabilitated units is entitled to a reasonable fee, 
determined by HUD, provided there is no override on the permanent 
loan granted by the agency to the owner for a project containing 
assisted units.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 2, 2004.
    Reason Waived: HUD overlooked issuance of its waiver of the 
regulatory prohibition during its review and approval of this 
transaction. The fee income is used to support the DCHFA's 
affordable housing programs.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 883.606(b).
    Project/Activity: Maine State Housing Authority (MSHA) 
application for bond refunding proposal and the enforcement of a 
regulatory prohibition of the collection of both contract 
administration fees and bond yield override in connection with the 
same project.
    Nature of Requirement: Part 883 of HUD's regulations in 24 CFR 
regulates the section 8 housing assistance payments contracts 
administered by state housing agencies. Under Sec.  883.6.6(b), an 
agency administering a contract on newly constructed or 
substantially rehabilitated units is entitled to a reasonable fee, 
determined by HUD, provided there is no override on the permanent 
loan granted by the agency to the owner for a project containing 
assisted units.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 2, 2004.

[[Page 64444]]

    Reason Waived: HUD neglected to issue a waiver of the regulatory 
prohibition during its review and approval of this transaction. The 
fee income is used to support the HFA's affordable housing programs.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: NCR of Harborcreek, Harborcreek, PA, Project 
Number: 033-EE105/PA28-S001-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 1, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Wofford Park, Hattiesburg, MS, Project Number: 
065-HD029/MS26-Q021-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 1, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Neumann Senior Housing, Philadelphia, PA, 
Project Number: 034-EE118/PA26-S011-008.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 8, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Arcadia Commons, Albany, GA, Project Number: 
061-EE110/GA06-S021-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: East Pittsburgh Commons, East Pittsburgh, PA, 
Project Number: 033-HD077/PA28-Q021-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Garrett Road Apartments, Monroe, LA, Project 
Number: 064-HD070/LA48-Q021-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Hoover Supportive Housing Development, Hoover, 
AL, Project Number: 062-HD041/AL09-Q981-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 14, 2004.
    Reason Waived: The project is economically designed, comparable 
in cost to similar projects in the area, and the sponsor exhausted 
all efforts to obtain the funds through other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Independent Living Horizons VIII, Augusta, GA, 
Project Number: 061-EE112/GA06-S021-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 16, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: West Kingsbridge Senior Housing, New York--
Bronx, NY, Project Number: 012-EE212/NY36-S961-030.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: West Brighton Seniors, Brighton, NY, Project 
Number: 014-EE206/NY06-S011-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 64445]]

    Date Granted: April 22, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Franklin Street Residence, Westfield, MA, 
Project Number: 023-HD187/MA06-Q021-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 28, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Spruce Landing, Kansas City, MO, Project 
Number: 084-HD036/MO16-Q01-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 28, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Brush Hill, Yarmouth, MA, Project Number: 023-
HD182/MA06-Q011-010.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: ASI--Fargo, Fargo, ND, Project Number: 094-
HD009/ND99-Q011-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Westover Cove, Alvin, TX, Project Number: 114-
HD026/TX24-Q021-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Jubilee House, Wellesley, MA, Project Number: 
023-HD159/MA06-Q991-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Presbyterian Oaks II, Talladega, AL, Project 
Number: 062-EE054/AL09-S021-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 7, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Village Woods II, York, ME, Project Number: 
024-EE065/ME36-S021-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 7, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Mystic Valley Elder Services, Wakefield, MA, 
Project Number: 023-EE158/MA06-S021-009.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 11, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Dominic Place, New Iberia, LA, Project 
Number: 064-EE140/LA48-S021-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 64446]]

    Date Granted: May 11, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Genesee, Seattle, WA, Project Number: 127-
HD028/WA19-Q011-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 13, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: American Training, Inc., North Andover, MA, 
Project Number: 023-HD189/MA06-Q021-007.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 17, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Central Middlesex Association for Retarded 
Citizens (CMARC), Woburn, MA, Project Number: 023-HD186/MA06-Q021-
004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 17, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Family Services of Western Pennsylvania GLI, 
Sarver, PA, Project Number: 033-HD063/PA28-Q011-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 17, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Creative Living, Andover, MA, Project Number: 
023-HD174/MA06-Q011-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 19, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Chestnut Park Apartments, Norfolk, NE, Project 
Number: 103-HD028/NE26-Q021-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Turning Point, Inc., Salem, MA, Project 
Number: 023-HD183/MA06-Q021-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: BCARC Home IV, Inc., Palm Bay, FL, Project 
Number: 067-HD086/FL29-Q011-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Bishop B. Martin Senior Housing, Brooklyn, NY, 
Project Number: 012-EE323/NY36-S021-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Hall Commons, Brigeport, CT, Project Number: 
017-Ee063/CT26-S001-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.

[[Page 64447]]

    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Whalley Avenue Housing II, New Haven, CT, 
Project Number: 017-HD031/CT26-Q011-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Peaks Island VOA Elderly Housing, Peaks 
Island, ME, Project Number: 024-EE-58/ME36-S011-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 28, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Pathways Vision, Greenwich, CT, Project 
Number: 017-HD022/CT26-Q9981-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 2, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Lincoln Senior Housing, Derby, CT, Project 
Number: 017-EE069/CT26-S021-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 4, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Woodside Village VI, Oak Bluffs, MA, Project 
Number: 013-EE162/MA06-S021-013.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 16, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Lee Central School Elderly Housing, Lee, MA, 
Project Number: 023-EE163/MA06-S021-014.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 18, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: John Marvin Tower, Augusta, ME, Project 
Number: 025-EE067/ME36-S021-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 21, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Salvation Army Missoula Silvercrest, Missoula, 
MT, Project Number: 093-EE010/MT99-S011-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 24, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.100(d).
    Project/Activity: Stillwater Heights, Burrillville, RI, Project 
Number: 061-EE049/RI43-S021-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 29, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources, and there were increased costs associated with required 
design features since the project is located next to the National 
Register Historic district.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Lincoln Street Apartments, Marlboro, MA, 
Project Number: 023-HD162/MA06-Q991-010.

[[Page 64448]]

    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 1, 2004.
    Reason Waived: Additional time was needed to process the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: The Promise Project, Ellenwood, GA, Project 
Number: 061-EE098/GA06-S001-006.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 1, 2004.
    Reason Waived: Additional time was needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Johnnie B. Moore Towers, Atlanta, GA, Project 
Number: 061-EE094/GA06-S001-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 2, 2004.
    Reason Waived: Additional time was needed to process the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Cornhill Apartments, Rochester, NY, Project 
Number: 014-HD099/NY06-Q001-009.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 6, 2004.
    Reason Waived: Additional time was needed due to delays 
resulting from the Phase II Environmental Site Assessment, and 
additional time was needed to submit and review the firm commitment 
application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Kona Group Home (FKA Molokai Group Home), 
Kaunakakai, HI, Project Number: 140-HD028/HI10-Q001-003.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 6, 2004.
    Reason Waived: Additional time was needed to locate a site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Luther Ridge, Middletown, CT, Project Number: 
017-EE053/CT26-S991-004.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 6, 2004.
    Reason Waived: Additional time was needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Daisy House, Rochester, NY, Project Number: 
014-EE208/NY06-S011-007.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 7, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
secure secondary financing and to make the site environmentally 
acceptable.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Bruch Hill Residences, Yarmouth, MA, Project 
Number: 023-HD182/MA06-Q011-010.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: Additional time was needed to resolve title 
issues and to secure secondary financing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Hemlock Nob Estates, Tannersville, NY, Project 
Number: 014-EE209/NY06-S011-008.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
complete its documentation for firm commitment and to proceed to 
initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: St. Francis Cabrini Gardens, Coram, NY, 
Project Number: 012-EE288/NY36-S001-003.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
revise the firm commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street,

[[Page 64449]]

SW., Washington, DC 20410-8000, telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Westmoreland Apartments, Huntington, WV, 
Project Number: 045-EE017/WV15-S011-003.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 9, 2004.
    Reason Waived: Additional time was needed to finalize the cost 
with the contractor.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: West Brighton Seniors, Brighton, NY, Project 
Number: 014-EE206/NY06-S011-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 16, 2004.
    Reason Waived: Additional time was needed for the National 
Environmental Policy Act (NEPA) review process to be completed, 
which is required by the state.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Gulfport Manor (Stephen's Country Village, 
Gulfport, MS, Project Number: 065-EE031/MS26-S001-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: Additional time was needed to revise plans and 
cost factors, and to process the firm commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Villa at Marion Park, Akron, OH, Project 
Number: 042-EE112/OH12-S991-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: Additional time was needed due to local 
opposition at several sites and to submit a firm commitment 
application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: McTaggert I, Stow, OH, Project Number: 042-
HD089/OH12-Q001-003.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 22, 2004.
    Reason Waived: Additional time was needed due to local 
opposition at several sites and to submit the firm commitment 
application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Dina Titus Estates, Las Vegas, NV, Project 
Number: 125-HD069/NV25-Q011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 27, 2004.
    Reason Waived: Additional time was needed to prepare the initial 
closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: North End New Bedford Elderly Housing, New 
Bedford, MA, Project Number: 023-EE129/MA06-S011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: Additional time was needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Positively 3rd Street, New York, NY, Project 
Number: 012-EE287/NY36-S001-002.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: Additional time was needed to review the initial 
closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: PSCH--Cypress Housing, Queens, NY, Project 
Number: 012-HD088/NY36-Q981-009.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: Additional time was needed to prepare the closing 
documents and to secure necessary supplemental funding from the New 
York State Office of Mental Health (NYSOMH).
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Union County Supportive Living, Westfield, NJ, 
Project Number: 031-HD127/NJ39-Q011-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: Additional time was needed to locate an alternate 
site.

[[Page 64450]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Victory House at Palmer Park, Palmer Park, MD, 
Project Number: 000-EE056/MD39-S011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 2004.
    Reason Waived: Additional time was needed for the Sponsor/Owner 
to seek additional funding.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Balsam Lake Disabled Housing, Balsam Lake, WI, 
Project Number: 075-HD069/WI39-Q011-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 4, 2004.
    Reason Waived: Additional time was needed to obtain approval on 
the site drainage plan from the county.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Closter Independent Living, Closter, NJ, 
Project Number: 031-HD126/NJ39-Q011-004.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: Additional time was needed for local approvals.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Community Options Middlesex, Old Bridge, NJ, 
Project Number: 031-HD111/NJ39-Q001-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: Additional time was needed to locate an alternate 
site and to address deficiencies to the firm commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Community Options Siek Road, Butler, NJ, 
Project Number: 031-HD110/NJ39-Q001-001.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: Additional time was needed to secure an 
alternative site and a different housing consultant.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Delran Consumer Home, Delran, NJ, Project 
Number: 035-HD046/NJ39-Q001-015.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: Additional time was needed to obtain an 
approvable site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Hunterdon Consumer Home, East Amwell, NJ, 
Project Number: 031-HD121/NJ39-Q001-012.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
seek an alternative site, replace the engineer, and seek secondary 
financing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Windham Willows, Windham, NY, Project Number: 
014-EE210/NY06-S011-009.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 6, 2004.
    Reason Waived: Additional time was needed to obtain approval of 
the storm water drainage play from the New York State Department of 
Engineering and to complete documentation for the firm commitment.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Independence II Consumer Home, Mount Laurel, 
NJ, Project Number: 035-HD048/NJ39-Q011-003.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 11, 2004.
    Reason Waived: Additional time was needed to submit and review 
the firm commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Community Hope VII Consumer Home, Sussex, NJ, 
Project Number: 031-HD130/NJ39-Q011-009.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 64451]]

    Date Granted: May 13, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
locate an alternative site and revise the drawings.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Fayette Hills Unity, Oak Hill, WV, Project 
Number: 045-HD033/WV15-Q011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 13, 2004.
    Reason Waived: Additional time was needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Hemet Ability First, Hemet, CA, Project 
Number: 122-HD130/CA16-Q001-001.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 14, 2004.
    Reason Waived: Additional time was needed to locate an 
alternative site and to seek additional financing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: NCR of North Fairmount, Cincinnati, OH, 
Project Number: 046-EE056/OH10-S001-004.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 14, 2004.
    Reason Waived: Additional time was needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: David Coleman Homes, Marion, SC, Project 
Number: 054-HD095/SC16-Q011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 17, 2004.
    Reason Waived: Additional time was needed to process the initial 
closing package.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Burbank Accessible Apartments, Burbank, CA, 
Project Number: 122-HD133/CA16-Q001-004.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 20, 2004.
    Reason Waived: Additional time was needed to secure the building 
permit, conducted by the city's building department, which resulted 
in a delay of the issuance of the building permit.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: The Center on Halsted, Chicago, IL, Project 
Number: 071-HD122/IL06-Q011-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 20, 2004.
    Reason Waived: Additional time was needed to seek additional 
financing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Northwood Elderly Housing, Northwood, NH, 
Project Number: 024-EE064/NH36-S011-003.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: Additional time was needed due to litigation.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Walter Riley Davis Senior Complex, Milwaukee, 
WI, Project Number: 075-EE115/WI39-S021-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: Additional time was needed for the Owner to cure 
deficiencies in and for HUD to review the firm commitment 
application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Winchester Senior Housing, Elko, NV, Project 
Number: 125-EE118/NV25-S001-001.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 26, 2004.
    Reason Waived: Additional time was needed to prepare for initial 
closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Community Hope VI Consumer Home, Roxbury, NJ, 
Project Number: 031-HD128/NJ39-Q011-007.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.

[[Page 64452]]

    Date Granted: May 27, 2004.
    Reason Waived: Additional time was needed to review the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Fairham Homes (AKA Hamilton Plaza), 
Middletown, OH, Project Number: 046-HD025/OH10-Q011-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 27, 2004.
    Reason Waived: Additional time was needed for the owner to cure 
deficiencies in the firm commitment appication and for the project 
to be initially closed.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Harmony Village Apartments, Detroit, MI, 
Project Number: 044-EE076/MI28-S011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 27, 2004.
    Reason Waived: Additional time was needed to review the closing 
documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: PSCH--Ozone Park Residence, Ozone Park, NY, 
Project Number: 012-HD100/NY36-Q001-005.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 2, 2004.
    Reason Waived: Additional time was needed to finalize closing 
documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Sherman Apartments, Aurora, IL, Project 
Number: 071-HD121/IL06-Q011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 7, 2004.
    Reason Waived: Additional time was needed to process the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Christian Life Retirement Center V, Elgin, IL, 
Project Number: 071-EE165/IL06-S011-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 15, 2004.
    Reason Waived: Additional time was needed due to a change of 
site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: SHDC No. 3--Kamaoa Road Group Home, Na'alehu, 
HI, Project Number: 140-HD024/HI10-Q001-002.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 16, 2004.
    Reason Waived: Additional time was needed for the sponsor to 
seek additional financing sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Peaks Island VOA Elderly Housing, Peaks 
Island, ME, Project Number: 024-EE058/ME36-S011-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18 months 
from the date of issuance with limited exceptions up to 24 months, 
as approved by HUD on a case-by-case basis.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 29, 2004.
    Reason Waived: Additional time is needed to submit the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165.
    Project/Activity: Harvard Square, Irvine, CA, Project Number: 
143-HD011/CA43-Q001-001.
    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: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 27, 2004.
    Reason Waived: Additional time was needed to resolve funding 
issues.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: NCR of Harborcreek, Harborcreek, PA, Project 
Number: 033-E015/PA28-S001-003.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 1, 2004.
    Reason Waived: The project is economically designed and 
comparable to other similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources. Also, additional time was needed to issue the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Tremont Terrace, Ft. Worth, TX, Project 
Number: 113-HD018/TX21-Q001-001.
    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 24 months.

[[Page 64453]]

    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 2, 2004.
    Reason Waived: The project is economically designed and 
comparable to similar projects in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources. Also, additional time was needed to work with the company 
that has receivership of the adjacent property to obtain easement 
rights, and to work with the City of Fort Worth's attorney about the 
plat issues and correct language for the easement.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Grand Street Settlement Senior Housing, New 
York, NY, Project Number: 012-EE279/NY36-S991-019.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 8, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed to process the firm 
commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: La Casa de Felicidad, Bronx, NY, Project 
Number: 012-EE271/NY36-S991-011.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area.The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed to review the initial closing 
documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Woodlands Supportive Housing, The Woodlands, 
TX, Project Number: 114-HD020/TX24-Q011-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing. Section 891.165 provides that the duration of the fund 
reservation of the capital advance is 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and and additional time was needed to issue a firm 
commitment and prepare for final closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Spruce Landing, Kansas City, MO, Project 
Number: 084-HD036/MO16-Q011-001.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 28, 2004.
    Reason Waived: The project is economically designed and 
comparable to other similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed during the platting of the 
site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Unity Gardens Senior Apartments, Windham, ME, 
Project Number: 024-EE053/ME36-S001-001.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 2004.
    Reason Waived: The project is economically designed and 
comparable to other similar projects developed in the area, and the 
sponsor exhausted all efforts to obtain additional funding from 
other sources. Also, the project encountered delays due to the 
processing requirements of the Maine State Housing Authority and the 
various layers of funding involved in the project development.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: South Hampton Road, Amesbury, MA, Project 
Number: 023-HD179/MA06-Q011-007.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 14, 2004.
    Reason Waived: The project is economically designed and 
comparable to other similar projects developed in the area. The 
sponsor exhausted all efforts to obtain additional funding from 
other sources and additional time was needed to secure a new site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Proctor Avenue Residence, Revere, MA, Project 
Number: 023-HD153/MA06-Q991-001.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 19, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from outside 
sources. Also, the project was delayed due to an identity of 
interest involving the architect and the original general 
contractor, and the project's development director had to be 
replaced.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Westland Terrace Program, Haverhill, MA, 
Project Number: 023-HD163/MA06-Q001-001.

[[Page 64454]]

    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 20, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to other similar projects in the area. The 
sponsor exhausted all efforts to obtain additional funding from 
other sources and additional time was needed to secure a different 
consultant and general contractor.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Woodside Village V, Oak Bluffs, MA, Project 
Number: 023-EE138/MA06-S011-010.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 15, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed to issue the firm commitment 
application and to prepare for initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Woodside Village IV, Oak Bluffs, MA, Project 
Number: 023-EE119/MA06-S001-004.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 16, 2004.
    Reason Waived: The project is economically designed, comparable 
in cost to similar projects developed in the area, and the sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed to issue the firm commitment 
application and to prepare for initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: Sycamore Place II Senior Apartments, 
Brentwood, CA, Project Number: 121-EE154/CA39-S011-014.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 22, 2004.
    Reason Waived: The project is economically designed and 
comparable to other similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources and additional time was needed to issue the firm commitment 
application and to prepare for initial closing.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.165 and 24 CFR 891.100(d).
    Project/Activity: PSCH-Cypressx Housing, Queens, NY, Project 
Number: 012-HD088/NY36-Q98-009.
    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 24 months.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 30, 2004.
    Reason Waived: The project is economically designed and 
comparable in cost to similar projects in the area. The sponsor 
exhausted all efforts to obtain additional funding from other 
sources, and additional project cost was associated with an increase 
in the cost of construction and Davis-Bacon wage rates. Also, 
additional time was needed to complete the closing documents.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.205.
    Project/Activity: Immanuel Courtyard IV, Omaha, NE, Project 
Number: 103-EE029/NE26-S301-001.
    Nature of Requirement: Section 891.205 requires Section 202 
project owners to have tax-exempt status under section 501(c)(3) or 
(c)(4) of the Internal Revenue Code prior to initial closing.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 20, 2004.
    Reason Waived: The sponsor proposed to physically attach the 
subject project to other, previously funded projects, which would 
permit the subject project to share in the existing community space.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-8000, 
telephone (202) 708-3000.
    <bullet> Regulation: 24 CFR 891.410(c).
    Project/Activity: Harford Village, Harford, PA, Project Number: 
034-EE075.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959 
and housing assistance under Section 8 of the U.S. Housing Act of 
1937. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: March 17, 2004.
    Reason Waived: The project is located in a rural section of 
northern Pennsylvania. Over a 24-month period, the property 
reflected only six months with 100 percent occupancy, and the owner 
anticipated two additional vacancies within the next month. Further, 
the occupancy level would not support the complex and, without the 
waiver, early mortgage default was considered certain.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 891.410(c).
    Project/Activity: John Davis Manor Apartments, Patterson, AR, 
Project Number: 082-EE096.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959 
and housing assistance under Section 8 of the U.S. Housing Act of 
1937. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 15, 2004.
    Reason Waived: The owner had difficulty in renting the project's 
units. The waiver helped alleviate occupancy and financial problems 
at the project.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730, 
extension 2598.
    <bullet> Regulation: 24 CFR 891.410(c).
    Project/Activity: River Cliff Manor, Inc., Judsonia, AR, Project 
Number: 082-EE108.

[[Page 64455]]

    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959 
and housing assistance under Section 8 of the U.S. Housing Act of 
1937. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 15, 2004.
    Reason Waived: The owner had difficulty in renting the project's 
units. The waiver helped alleviate occupancy and financial problems 
at the project.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.
    <bullet> Regulation: 24 CFR 891.410(c).
    Project/Activity: Aspen Grove Apartments, Hines, OR, Project 
Number: 126-EE040.
    Nature of Requirement: Section 891.410 relates to admission of 
families to projects for elderly or handicapped families that 
receive reservations under Section 202 of the Housing Act of 1959 
and housing assistance under Section 8 of the U.S. Housing Act of 
1937. Section 891.410(c) limits occupancy to very low-income elderly 
persons. To qualify, households must include a minimum of one person 
who is at least 62 years of age at the time of initial occupancy.
    Granted by: John C. Weicher, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 16, 2004.
    Reason Waived: The owner had difficulty renting the project's 
units. The waiver helped alleviate occupancy and financial problems 
at the project.
    Contact: Beverly J. Miller, Director, Office of Asset 
Management, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-7000, telephone (202) 708-3730.

IV. 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.
    <bullet> Regulation: 24 CFR 941.610(a)(1)-(a)(7).
    Project/Activity: Roberts Village-Bowling Green, phase III 
rental, called Marshall Manor III and Bowling Green III, HOPE VI 
Project A36URD006I100, Norfolk, VA.
    Nature of Requirement: Section 941.610(a)(1)-(a)(7) requires 
that HUD review and approve certain legal documents and evidentiary 
materials relating to mixed-finance development before closing can 
take place and funds can be released.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 14, 2004.
    Reason Waived: The waiver was approved in order to streamline 
the review and approval process, to reduce duplicate review, and to 
expedite closing. The waiver was approved because (1) the Norfolk 
Redevelopment and Housing Authority (NRHA) will submit documentation 
which certifies to the accuracy and authenticity of the subject 
evidentiary materials, (2) NRHA is a high performing housing 
authority with extensive affordable housing development and mixed-
finance experience, (3) the subject mixed-finance development 
involves Low Income Housing Tax Credits, Federal Home Loan Bank 
Affordable Housing Program funds, and Norfolk City development 
funds, all of which have extensive review and financial control 
mechanisms and, (4) Marshall Manor III and Bowling Green III are 
near duplicates of Marshall Manor II and Bowling Green II, which 
were reviewed and approved by HUD and which have the same developer, 
the same investor, and the same financial structure.
    Contact: Milan Ozdinec, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Washington, DC 20510-
5000, telephone (202) 401-8812.
    <bullet> Regulation: 24 CFR 941.606(n)(1)(ii)(B).
    Project/Activity: Woodbridge Senior Enhanced (formerly Jeffries 
Homes) HOPE VI Project MI28URD001I194/Detroit, MI.
    Nature of Requirement: This regulatory section requires that if 
the partner or owner entity or any other entity with an identity of 
interest with such parties wants to serve as a general contractor 
for the project or development, it may award itself the construction 
contract only if it can demonstrate to HUD's satisfaction that its 
bid is the lowest submitted in response to a public request for 
bids.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 25, 2004.
    Reason Waived: The waiver was approved in order for Damone 
Construction to complete the Senior Enhanced Apartments. The Detroit 
Housing Authority (DHC) submitted an independent third party cost 
estimate for the work to be performed by Damone Construction, which 
totaled $11,046,371.48. DHC also submitted the construction contract 
with Damone Construction, which totaled $10,602,057.20, thus 
satisfying HUD's condition that the construction contract is less 
than or equal to the independent cost estimate.
    Contact: Milan Ozdinec, Deputy Assistant Secretary for the 
Office of Public Housing Investments, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Washington, DC 20510-
5000, telephone (202) 401-8812.
    <bullet> Regulation: 24 CFR 982.505(d).
    Project/Activity: Burlington Housing Authority (BHA), 
Burlington, VT. The BHA requested a special exception payment 
standard that exceeds 120 percent of the fair market rent as a 
reasonable accommodation for a housing choice voucher participant 
who suffers from severe neck and spinal injuries.
    Nature of Requirement: Section 982.505(d) allows a PHA to 
approve a higher payment standard within the basic range for a 
family that includes a person with a disability as a reasonable 
accommodation in accordance with 24 CFR part 8.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 29, 2004.
    Reason Waived: Approval of the waiver was granted to allow a 
disabled housing choice voucher participant and his family to 
continue to live in the 3-bedroom house that they rented before he 
became disabled and could no longer work.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 982.207(b)(3) and 983.3(a)(2).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA. The SFHA requested a waiver of a selection preference 
regulation in order to select Housing Opportunities for Persons with 
AIDS (HOPWA) eligible families to occupy seven units that will 
receive PBA at Mission Creek Apartments and a waiver regarding the 
availability of vouchers for project-based assistance so that it 
could enter into an agreement to enter into a housing assistance 
payments contract (AHAP) for the same project.
    Nature of Requirement: Section 982.207(b)(3), which governs 
tenant selection under the project-based voucher program, states 
that a housing agency may adopt a preference for admission of 
families that include a person with disabilities, but may not adopt 
a preference for persons with a specific disability. Section 
983.3(a)(2) requires that the number of units to be project-based 
must not be under a tenant-based or project based housing assistance 
payments (HAP) contract or otherwise committed, e.g., vouchers 
issued to families searching for housing or units under an AHAP.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 12, 2004.
    Reason Waived: Approval to waive selection preference 
requirements was granted since seven units in this project were 
developed with HOPWA funds and none will receive rental or operating 
subsidy under the HOPWA program. Since by law persons with HIV/AIDS 
only may occupy units developed with HOPWA funds, a public housing 
agency may only authorize occupancy of such units that also receive 
PBA by persons with HIV/AIDS. The requirement to have vouchers 
available at the time of execution of an AHAP was waived since the 
SFHA reported that it had a turnover of approximately 23 vouchers 
per month. That coupled with the 97 available vouchers at the time 
of the waiver request indicated that the SFHA would have sufficient 
voucher unit months to meet its contractual obligation for 88 units 
at Mission Creek Apartments when the housing assistance payments 
contract is executed in September 2005.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and

[[Page 64456]]

Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 4210, Washington, DC 20410-5000, telephone 
(202) 708-0477.
    <bullet> Regulation: 24 CFR 983.151(c).
    Project/Activity: San Francisco Housing Authority (SFHA), San 
Francisco, CA. The SFHA requested a waiver of the regulation so that 
it could renew a project-based certificate (PBC) housing assistance 
payments (HAP) contract for the 381 Turk Street project beyond the 
expiration date of the Annual Contributions Contract (ACC) since 
funding increments are only renewed for three-month periods.
    Nature of Requirement: 24 CFR 983.151(c) requires that, with HUD 
field office approval, and at the sole option of the public housing 
agency (PHA), PHAs may renew expiring HAP contracts for such period 
or periods as the HUD field office determines appropriate to achieve 
long-term affordability of the assisted housing, provided that the 
term does not extend beyond the ACC expiration date for the funding 
source. PHAs must identify the funding source for renewals. 
Different funding sources may be used for the initial term and 
renewal terms of the HAP contract.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 28, 2004.
    Reason Waived: Approval was granted to allow the SFHA to provide 
rental assistance at this facility up to the maximum 15 years 
allowed under the PBC HAP contract without having to request HUD 
field office approval to do so every three months.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c) and Section 
II.E. of the January 16, 2001, Federal Register Notice, Revisions to 
PHA Project-Based Assistance (PBA) Program; Initial Guidance 
(Initial Guidance).
    Project/Activity: East St. Louis Housing Authority (ESLHA), East 
St. Louis, IL. The ESLHA requested a waiver of competitive selection 
of owner proposals and deconcentration requirements to permit it to 
attach PBA to nine units at Central City Apartments.
    Nature of Requirement: Section 983.51(a), (b) and (c) require 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy. Section II.E. of the Initial Guidance requires that in order 
to meet the Department's goal of deconcentration and expanding 
housing and economic opportunities, the projects must be in census 
tracts with poverty rates of less than 20 percent.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 28, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since it underwent a competitive process 
and was awarded Low Income Housing Tax Credits through the Illinois 
Housing Development Authority. An exception to the deconcentration 
requirements was granted since the Emerson Park neighborhood, in 
which the project will be located, has been targeted for 
redevelopment by the city and private investors. The Pfizer/Elemetus 
Company has built a $2.5 million office complex for regional staff. 
The Metro Link light rail system has developed two stations 
containing retail and small businesses. The Emerson Park Development 
Corporation recently broke ground for 12 new for-sale single-family 
market rate units priced between $140,000 and $180,000. There has 
been a significant decrease in the poverty rate of the census tract 
over a 10-year period and the housing and commercial activities 
described above are consistent with the goal of deconcentrating 
poverty and expanding housing and economic opportunities.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c).
    Project/Activity: Brainerd Housing Authority (BHA), St. Cloud, 
MN. The BHA requested a waiver of competitive selection of owner 
proposals to permit it to attach project-based voucher assistance to 
6 units at Timberland Townhomes.
    Nature of Requirement: Section 983.51(a), (b), and (c) requires 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy. Section 983.56(c) requires that when the housing agency 
administering the ACC from which project-based assistance will be 
provided submits an application, it must then submit all owner 
applications in response to the advertisement to the HUD field 
office for review and selection.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 28, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since it underwent a competitive process 
and was awarded Low Income Housing Tax Credits through the Minnesota 
Housing Finance Agency.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c) and 
983.56(c).
    Project/Activity: Housing Authority of the City of Tampa (HACT), 
Tampa, FL. The HACT requested a waiver of competitive selection of 
owner proposals to permit it to attach project-based voucher 
assistance to 54 units at Gardens at South Bay.
    Nature of Requirement: Section 983.51(a) and (b) requires 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy. Section 983.56(c) requires that when the housing agency 
administering the ACC from which project-based assistance will be 
provided submits an application, it must then submit all owner 
applications in response to the advertisement to the HUD field 
office for review and selection.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 10, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since the project underwent a competitive 
process and was awarded bond financing through the Hillsborough 
County Finance Authority.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.E. and Section II.F. of the 
January 16, 2001, Federal Register Notice, Revisions to PHA Project-
Based Assistance (PBA) Program Initial Guidance (Initial Guidance).
    Project/Activity: Minneapolis Public Housing Authority (MPHA), 
Minneapolis, MN. The MPHA requested exceptions to the Initial 
Guidance since Lindquist Apartments is located in a census tract 
with a poverty rate of 37.1 percent and 10 of the 26 units in the 
building would have PBA attached.
    Nature of Requirement: Section II.E. of the Initial Guidance 
requires that in order to meet the Department's goal of 
deconcentration and expanding housing and economic opportunities, 
the projects must be in census tracts with poverty rates of less 
than 20 percent. Section II.F. requires that no more than 25 percent 
of the dwelling units in any building may be assisted under a 
housing assistance payments (HAP) contract for PBA except for 
dwelling units that are specifically made available for elderly 
families, disabled families and families receiving supportive 
services. Until regulations are promulgated regarding the category 
of families receiving supportive services, HUD Headquarters has been 
authorizing implementation of this aspect of the law on a case-by-
case basis.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 7, 2004.
    Reason Waived: Approval of the exception for deconcentration was 
granted since the site of Lindquist Apartments is one block north of 
the city of Minneapolis' designated Empowerment Zone and should 
derive its benefits. The purpose of establishing empowerment zones 
is to open new businesses, and create jobs, housing, and new 
educational and healthcare opportunities for thousands of Americans. 
These goals are consistent with the goal of deconcentrating poverty 
and expanding housing and economic opportunities. Approval of the 
exception to exceed the 25 percent cap on the number of units in a 
building that can have PBA attached was granted since RS Eden will

[[Page 64457]]

provide self-sufficiency services. Each resident will be assigned a 
case manager who will assist the resident in meeting the 
productivity goal of school or work, maintaining housing and 
addressing personal or family issues. There will be on-site 
workshops and a computer resource room available. The supportive 
services are consistent with the statute.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51.
    Project/Activity: Housing Commission of Anne Arundel County 
(HCAAC), Glen Burnie, MD. The HCAAC requested a waiver of 
competitive selection of owner proposals under the project-based 
program for the Wiley H. Bates project.
    Nature of Requirement: Section 983.51 requires competitive 
selection of owner proposals in accordance with a housing 
authority's HUD-approved advertisement and unit selection policy.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 4, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for the Wiley H. Bates project since the project had 
undergone a previous federal competition. The project was awarded 
$818,642 in Low Income Housing Tax Credits through the Maryland 
Department of Housing and Community Development.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c).
    Project/Activity: Itasca County Housing and Redevelopment 
Authority (ICHRA), Grand Rapids, MN. The ICHRA requested a waiver of 
competitive selection of owner proposals to permit it to attach 
project-based voucher assistance to 5 units at Oakwood Terrace III.
    Nature of Requirement: Section 983.51(a), (b) requires 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy and Sec.  983.56(c) requires that when the housing agency 
administering the ACC from which project-based assistance will be 
provided submits an application, it must then submit all owner 
applications in response to the advertisement to the HUD field 
office for review and selection.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 4, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since it underwent a competitive process 
and was awarded Low Income Housing Tax Credits through the Minnesota 
Housing Finance Agency.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c).
    Project/Activity: Mankato Economic Development Agency (MEDA), 
Mankato, MN. The MEDA requested a waiver of competitive selection of 
owner proposals to permit it to attach project-based voucher 
assistance to five units at Dublin Road Townhomes.
    Nature of Requirement: Section 983.51(a), (b) requires 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy and Sec.  983.56(c) requires that when a the housing agency 
administering the ACC from which project-based assistance will be 
provided submits an application, it must then submit all owner 
applications in response to the advertisement to the HUD field 
office for review and selection.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 4, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since it underwent a competitive process 
and was awarded Low Income Housing Tax Credits through the Minnesota 
Housing Finance Agency.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.E. of the January 16, 2001, 
Federal Register Notice, Revisions to PHA Project-Based Assistance 
(PBA) Program; Initial Guidance (Initial Guidance).
    Project/Activity: Chicago Housing Authority (CHA), Chicago, IL. 
The CHA requested an exception to the Initial Guidance since Leland 
Apartments is located in a census tract with a poverty rate of 23.4 
percent.
    Nature of Requirement: Section II.E. of the Initial Guidance 
requires that in order to meet the Department's goal of 
deconcentration and expanding housing and economic opportunities, 
the projects must be in census tracts with poverty rates of less 
than 20 percent.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 1, 2004.
    Reason Waived: Approval of the exception for deconcentration was 
granted since the project is located in the Broadway-Lawrence Tax 
Increment Financing (TIF) District. These districts are part of an 
initiative used by local government to promote economic development 
by providing incentives for businesses and residents to improve 
communities. Leland Apartments was allocated $2,010,000 in TIF 
funds. Economic activity in this TIF district included a new Borders 
Book Store and a new Starbucks. Residential development included two 
condominium developments of 40 and 37 units, respectively, that have 
a combination of market rate and affordable for sale units. The 
decrease in the poverty rate of the census tract over a ten-year 
period and the housing and commercial activities are consistent with 
the goal of deconcentrating poverty and expanding housing and 
economic opportunities.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 983.51(a), (b) and (c).
    Project/Activity: Clay County Housing and Redevelopment 
Authority (CCHRA) and Moorhead Public Housing Agency (MPHA), Clay 
County, MN. The CCHRA and MPHA jointly requested a waiver of 
competitive selection of owner proposals to permit them to attach 
project-based voucher assistance to a combined 38-unit project (an 
8-unit of supportive housing project and a 30-unit town house 
project).
    Nature of Requirement: Section 983.51(a) and (b) requires 
competitive selection of owner proposals in accordance with a 
housing authority's HUD-approved advertisement and unit selection 
policy, and Section 983.51(a) requires that when a the housing 
agency administering the ACC from which project-based assistance 
will be provided submits an application, it must then submit all 
owner applications in response to the advertisement to the HUD field 
office for review and selection.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 29, 2004.
    Reason Waived: Approval to waive competitive selection was 
granted for this project since the combined 38-unit project 
underwent a competitive process and was awarded Low Income Housing 
Tax Credits through the Minnesota Housing Finance Agency.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.E. of the January 16, 2001, 
Federal Register Notice, Revisions to PHA Project-Based Assistance 
(PBA) Program; Initial Guidance (Initial Guidance).
    Project/Activity: Albany Housing Authority (AHA), Albany, NY. 
The AHA requested an exception to the Initial Guidance since 
Creighton Storey Homes is located in a census tract with a poverty 
rate of 26 percent.
    Nature of Requirement: Section II.E. of the Initial Guidance 
requires that in order to meet the Department's goal of 
deconcentration and expanding housing and economic opportunities, 
the projects must be in census tracts with poverty rates of less 
than 20 percent.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.

[[Page 64458]]

    Date Granted: April 15, 2004.
    Reason Waived: Approval of the exception for deconcentration was 
granted since the project is located in an area designated as the 
South End Revitalization Plan. Over $69 million of development 
activity financed by the Department has taken place in the past two 
years or is currently underway. Some of these activities include the 
reconstruction of South Pearl Street, the renovation of Lincoln Park 
Pool, the construction of a new parking garage, the demolition of 
two long-vacant AHA high rises, and the renovation or new 
construction of over 400 housing units. Approximately two-thirds of 
the development dollars support non-housing activities. In addition, 
a new convention center is planned for the downtown area, just a few 
blocks from the South End that will generate jobs and economic 
opportunities. These renovation and new development activities are 
consistent with the goal of deconcentrating poverty and expanding 
housing and economic opportunities.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.F. of the January 16, 2001, 
Federal Register Notice, Revisions to PHA Project-Based Assistance 
(PBA) Program; Initial Guidance.
    Project/Activity: Malden Housing Authority (MHA), Malden, MA. 
The requested an exception to the Initial Guidance for the Cross 
Street Housing Project to permit the MHA to attach PBA to more than 
25 percent of the units in the building.
    Nature of Requirement: Section II.F. requires that no more than 
25 percent of the dwelling units in any building may be assisted 
under a housing assistance payments (HAP) contract for PBA except 
for dwelling units that are specifically made available for elderly 
families, disabled families and families receiving supportive 
services. Until regulations are promulgated regarding the category 
of families receiving supportive services, HUD Headquarters is 
authorizing implementation of this aspect of the law on a case-by-
case basis.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 12, 2004.
    Reason Waived: Approval to waive the 25 percent cap on the 
number of units in a building that can have PBA attached was granted 
for the Cross Street Housing project since the scope of the 
supportive services focused on economic self-sufficiency and 
included job-training, pre-employment counseling, linkage with GED 
classes, as well as linkage to day care for children to support job 
training and job opportunities.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Akron, OH, Metropolitan Housing Authority. A 
request was made to permit the Authority to benefit from energy 
performance contracting for developments that have resident-paid 
utilities. The housing authority estimated that it could increase 
energy savings substantially if it were able to undertake energy 
performance contracting for its resident-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Akron Metropolitan Housing Authority has resident-
paid utilities.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 5, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The Akron 
Metropolitan Housing Authority requested a waiver based on the same 
approved methodology. The waiver would permit the housing authority 
to exclude from its performance funding system (PFS) calculation of 
rental income the increased rental income due to the difference 
between updated baseline utility allowances (before implementation 
of the energy conservation measures) and revised allowances (after 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director; Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Brunswick, GA, Housing Authority. A request 
was made to permit the authority to benefit from energy performance 
contracting for developments that have resident-paid utilities. The 
housing authority estimated that it could increase energy savings 
substantially if it were able to undertake energy performance 
contracting for its resident-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Brunswick Housing Authority has resident-paid 
utilities.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 12, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The 
Brunswick Housing Authority requested a waiver based on the same 
approved methodology. The waiver would permit the housing authority 
to exclude from its PFS calculation of rental income the increased 
rental income due to the difference between updated baseline utility 
allowances (before implementation of the energy conservation 
measures) and revised allowances (after implementation of the 
measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director, Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Oklahoma City, OK, Housing Authority. A 
request was made to permit the authority to benefit from energy 
performance contracting for developments that have resident-paid 
utilities. The housing authority estimated that it could increase 
energy savings substantially if it were able to undertake energy 
performance contracting for its resident-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Oklahoma City Housing Authority has resident-paid 
utilities.
    Granted by: Michael Liu, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: April 12, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The 
Oklahoma City Housing Authority requested a waiver based on the same 
approved methodology. The waiver would permit the housing authority 
to exclude from its PFS calculation of rental income the increased 
rental income due to the difference between updated baseline utility 
allowances (before implementation of the energy conservation 
measures) and revised allowances (after implementation of the 
measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director, Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Albuquerque, NM, Housing Authority. A request 
was made to permit the authority to benefit from energy performance 
contracting for developments that have resident-paid utilities. The 
housing

[[Page 64459]]

authority estimates that it could increase energy savings 
substantially if it were able to undertake energy performance 
contracting for its resident-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Albuquerque Housing Authority has resident-paid 
utilities.
    Granted by: Michael Liu, Assistant Secretary of Public and 
Indian Housing
    Date Granted: April 12, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The 
Albuquerque Housing Authority requested a waiver based on the same 
approved methodology. The waiver would permit the housing authority 
to exclude from its PFS calculation of rental income the increased 
rental income due to the difference between updated baseline utility 
allowances (before implementation of the energy conservation 
measures) and revised allowances (after implementation of the 
measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director, Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Housing Authority of the County of Dauphin, 
PA. A request was made to permit the authority to benefit from 
energy performance contracting for developments that have resident-
paid utilities. The housing authority estimated that it could 
increase energy savings substantially if it were able to undertake 
energy performance contracting for its resident-paid utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Housing Authority of the County of Dauphin has 
resident-paid utilities.
    Granted by: Michael Liu, Assistant Secretary of Public and 
Indian Housing
    Date Granted: June 14, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The 
Housing Authority of the County of Dauphin requested a waiver based 
on the same approved methodology. The waiver would permit the 
housing authority to exclude from its PFS calculation of rental 
income the increased rental income due to the difference between 
updated baseline utility allowances (before implementation of the 
energy conservation measures) and revised allowances (after 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director, Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Housing Authority of the County of Santa 
Barbara, CA. A request was made to permit the authority to benefit 
from energy performance contracting for developments that have 
resident-paid utilities. The housing authority estimated that it 
could increase energy savings substantially if it were able to 
undertake energy performance contracting for its resident-paid 
utilities.
    Nature of Requirement: Under 24 CFR part 990, the Operating Fund 
Formula energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Housing Authority of the County of Santa Barbara has 
resident-paid utilities.
    Granted by: Michael Liu, Assistant Secretary of Public and 
Indian Housing.
    Date Granted: June 18, 2004.
    Reason Waived: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the authority to benefit from energy 
performance contracting for developments with resident-paid 
utilities. The waiver was granted on the basis that the authority 
presented a sound and reasonable methodology for doing so. The 
Housing Authority of the County of Santa Barbara requested a waiver 
based on the same approved methodology. The waiver would permit the 
housing authority to exclude from its PFS calculation of rental 
income the increased rental income due to the difference between 
updated baseline utility allowances (before implementation of the 
energy conservation measures) and revised allowances (after 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.
    Contact: Chris Kubacki, Director, Attn: Peggy Mangum, extension 
3982, Public Housing Financial Management Division, Office of Public 
and Indian Housing, Real Estate Assessment Center, 1280 Maryland 
Avenue, SW., Suite 800, Washington, DC 20024-2135, telephone (202) 
708-4932.
    <bullet> Regulation: 24 CFR 1000.312.
    Project/Activity: The Hopi Tribal Housing Authority's request 
that certain U.S. Housing Act of 1937 (1937 Act) units continue to 
be included as formula current assisted stock (FCAS) under the 
Indian Housing Block Grant (IHBG) Program after they have been 
demolished and replaced using non-1937 Act funds.
    Nature of Requirement: The regulation at Sec.  1000.312 
establishes that current assisted stock consist of housing units 
owned or operated pursuant to an Annual Contributions Contract (ACC) 
under management as of September 30, 1997, as indicated in the 
formula response form (FRF).
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 30, 2004.
    Reason Waived: The units were found to have structural 
deficiencies that rendered them unsuitable for habitation and would 
require extensive remediation before they would meet minimum 
standards for safe, decent and sanitary housing. The Hopi Tribal 
Housing Authority indicated that they would enforce with the 
homebuyers the original terms and conditions of the Mutual Help and 
Occupancy Agreements (MHOA) once the units have been replaced.
    Contact: Deborah Lalancette, Director, Grants Management, Denver 
Program ONAP, Department of Housing and Urban Development, 1999 
Broadway, Suite 3390, Denver, CO 80202, telephone (303) 675-1625.
    <bullet> Regulation: 24 CFR 1000.312.
    Project/Activity: The Kootenai Tribe of Idaho's request that 
certain U.S. Housing Act of 1937 (1937 Act) units continue to be 
included as FCAS under the IHBG Program after they have been 
replaced using non-1937 Act funds.
    Nature of Requirement: The regulation at Sec.  1000.312 
establishes that current assisted stock consist of housing units 
owned or operated pursuant to an ACC under management as of 
September 30, 1997, as indicated in the FRF.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: April 30, 2004.
    Reason Waived: The Kootenai Tribe of Idaho completed two homes 
of equivalent size and quality for owners that were initially 
determined not FCAS eligible because they did not met the low-income 
eligibility requirements of the Native American Housing Assistance 
and Self-Determination Act (NAHASDA) of 1996. The replacement homes 
were constructed solely with tribal funds. The Tribe has executed 
MHOAs with two income-eligible families for the replacement units.
    Contact: Deborah Lalancette, Director, Grants Management, Denver 
Program ONAP, Department of Housing and Urban Development, 1999 
Broadway, Suite 3390, Denver, CO 80202-5733, telephone (303) 675-
1625.
    <bullet> Regulation: Section II subpart F of the January 16, 
2001, Federal Register Notice, Revisions to PHA Project-Based 
Assistance (PBA) Program; Initial Guidance.
    Project/Activity: Housing Authority of Winston-Salem (HAWS), 
Winston-Salem, NC. The HAWS requested an exception to the Initial 
Guidance since 29 of the 72 units in Kimberly Park Terrace III will 
have PBA attached.
    Nature of Requirement: Section II.F. requires that no more than 
25 percent of the dwelling units in any building may be assisted 
under a housing assistance payments (HAP) contract for PBA except 
for dwelling units that are specifically made available for elderly 
families, disabled families and families receiving supportive 
services. Until

[[Page 64460]]

regulations are promulgated regarding the category of families 
receiving supportive services, HUD Headquarters has been authorizing 
implementation of this aspect of the law on a case-by-case basis.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 28, 2004.
    Reason Waived: Approval of the exception to exceed the 25 
percent cap on the number of units in a building that can have PBA 
attached was granted since through partnerships developed in 
conjunction with the development of a HOPE VI Community and 
Supportive Services plan, the following supportive services were 
available to all the families living in the development: job 
training, placement and retention; childcare, education; and 
transportation. The partners include: Winston-Salem Urban League; 
Goodwill Industries; Winston-Salem/Forsyth County Workforce 
Development Board; Northwest Child Development Council; Department 
of Social Services; Forsyth Technical Community College; Winston-
Salem Forsyth County Schools; and Winston-Salem Transit Authority. 
The supportive services were consistent with the statute.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.E. of the January 16, 2001, 
Federal Register Notice, Revisions to PHA Project-Based Assistance 
(PBA) Program; Initial Guidance (Initial Guidance).
    Project/Activity: Connecticut Department of Social Services 
(DSS), Hartford, CT. The DSS requested an exception to the initial 
guidance for two units in the Riverplace Commons Condominiums 
located in New Haven, CT. The condominiums are located in a census 
tract with a poverty rate greater than 20 percent.
    Nature of Requirement: Section II.E. of the Initial Guidance 
requires that in order to meet the Department's goal of 
deconcentration and expanding housing and economic opportunities, 
the projects must be in census tracts with poverty rates of less 
than 20 percent.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 8, 2004.
    Reason Waived: Approval of the exception for deconcentration was 
granted since the area of the city where the units would be located 
is currently undergoing a tremendous economic redevelopment and 
revitalization effort. There are several housing initiatives 
underway in the area. For example, the New Haven Housing Authority 
is planning to rebuild a public housing project with a $20 million 
HOPE VI grant. Additionally, a blighted public housing complex has 
been torn down and plans are underway to develop new housing 
opportunities. More than $500 million in state and federal funds 
have been targeted for the Front Street area where the Riverplace 
Condominiums are located.
    The city of New Haven has begun over a dozen urban development 
projects that will create jobs in the area in which the proposed 
project-based units will be located. Specifically, the city, acting 
through its Development Commission, is involved in a comprehensive 
revitalization program for the neighborhood. The plan proposes the 
redevelopment of significant vacant land and building spaces for new 
light industrial and manufacturing uses, and the development of a 
waterfront park.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.
    <bullet> Regulation: Section II.E. of the January 16, 2001, 
Federal Register Notice, Revisions to PHA Project-Based Assistance 
(PBA) Program; Initial Guidance (Initial Guidance).
    Project/Activity: Albany Housing Authority (AHA), Albany, NY. 
The AHA requested an exception to the initial guidance since DePaul 
Residence is located in a census tract with a poverty rate of 26 
percent.
    Nature of Requirement: Section II subpart E of the initial 
guidance requires that in order to meet the Department's goal of 
deconcentration and expanding housing and economic opportunities, 
the projects must be in census tracts with poverty rates of less 
than 20 percent.
    Granted by: Michael Liu, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: June 8, 2004.
    Reason Waived: Approval of the exception for deconcentration was 
granted since the project is in a New York State-designated Empire 
Zone. These zones were created in 1986 to stimulate economic growth. 
Through a variety of financial incentives and economic development 
benefits, the program was designed to both help existing businesses 
expand and attract new businesses from outside the state or new 
start-up ventures. Toward that end, a $400 million investment by the 
state of New York and the semi-conduction industry went into the 
development of SEMATECH NORTH. The facility is located at University 
of Albany-SUNY that is located two miles from DePaul Residence. It 
was completed in 2003 and created 500 new jobs. Early in 2004 
Governor Pataki announced plans for a new college program at the 
university that will train Albany residents for jobs at SEMATECH 
NORTH. The significant investment into the local colleges and their 
related activities to job creation at the SEMATECH NORTH facility 
were consistent with the goal of deconcentrating poverty and 
expanding housing and economic opportunities.
    Contact: Gerald Benoit, Director, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 4210, Washington, DC 
20410-5000, telephone (202) 708-0477.

[FR Doc. 04-24583 Filed 11-3-04; 8:45 am]
BILLING CODE 4210-32-P