Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2005

Federal RegisterFeb 17, 2006

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4997-N-03]

Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2005

AGENCY:

Office of the General Counsel, HUD.

ACTION:

Notice.

SUMMARY:

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly

Federal Register

notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous

Federal Register

notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on July 1, 2005, and ending on September 30, 2005.

FOR FURTHER INFORMATION CONTACT:

For general information about this notice, contact Aaron Santa Anna, Assistant General Counsel for Regulations, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276,Washington, DC 20410-0500, telephone (202) 708-3055 (this is not a toll-free number). Persons with hearing-or speech-impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at 800-877-8339.

For information concerning a particular waiver that was granted and for which public notice is provided in this document, contact the person whose name and address follow the description of the waiver granted in the accompanying list of waivers that have been granted in the third quarter of calendar year 2005.

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) (1991 Policy Statement). This notice covers waivers of regulations granted by HUD from July 1, 2005, through September 30, 2005. For ease of reference, the waivers granted by HUD are listed by HUD program office (for example, the Office of Community Panning and Development, the Office of Fair Housing and Equal Opportunity, the Office of Housing, and the Office of Public and Indian Housing, etc.). Within each program office grouping, the waivers are listed sequentially by the regulatory section of title 24 of the Code of Federal Regulations (CFR) that is being waived. For example, a waiver of a provision in 24 CFR part 58 would be listed before a waiver of a provision in 24 CFR part 570.

Where more than one regulatory provision is involved in the grant of a particular waiver request, the action is listed under the section number of the first regulatory requirement that appears in 24 CFR and that is being waived. For example, a waiver of both § 58.73 and § 58.74 would appear sequentially in the listing under § 58.73.

Waiver of regulations that involve the same initial regulatory citation are in time sequence beginning with the earliest-dated regulatory waiver.

Should HUD receive additional information about regulatory waivers granted during the period covered by this report (the third quarter of calendar year 2005) before the next report is published (the fourth quarter of calendar year 2005), HUD will include any additional waivers granted for the third quarter in the next report.

Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice.

Dated: February 8, 2006.

Keith E. Gottfried,

General Counsel.

Appendix—Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2005, Through September 30, 2005

Note to Reader:

More information about the granting of these waivers, including a copy of the waiver request and approval, may be obtained by contacting the person whose name is listed as the contact person directly after each set of regulatory waivers granted.

The regulatory waivers granted appear in the following order:

I. Regulatory Waivers Granted by the Office of Community Planning and Development.

II. Regulatory Waivers Granted by the Office of Housing.

III. Regulatory Waivers Granted by the Office of Public and Indian Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and Development

For further information about the following regulatory waivers, please see the name of the contact person who immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 91.15(a)(2).

Project/Activity:

The County of Milwaukee, Wisconsin, requested waiver of 24 CFR 91.15(a)(2) of the consolidated plan submission regulations.

Nature of Requirements:

Section 91.15(a)(2) requires a participating jurisdiction to submit its consolidated plan no later than August 16 of the federal fiscal year for which grant funds were appropriated.

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

July 28, 2005.

Reasons Waived:

The County of Milwaukee sought a waiver of 24 CFR 91.15(a)(2) to extend its submission deadline for its FY2004 consolidated action plan until 45 days after it is notified of HUD's approval of its waiver request. The waiver of this provision allows the county to amend its FY2004 consolidated action plan to include its FY2003 and FY2004 American Dream Downpayment Initiative (ADDI) programs, and enables the county to use its FY2003 and FY2004 ADDI program funds to assist first time homebuyers.

Contact:

Virginia Sardone, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW.,

Washington, DC 20410-7000, telephone (202) 708-2684.

•

Regulation:

24 CFR 92.500(d)(1)(C).

Project/Activity:

The Commonwealth of Puerto Rico, through the Puerto Rico Department of Housing (PRDH), requested waiver of 24 CFR 92.500(d)(1)(C) of the HOME regulations.

Nature of Requirement:

Section 92.500(d)(1)(C) requires HUD to reduce or recapture any HOME funds in a participating jurisdiction's HOME Investment Trust Fund that are not extended within five years after the last day of the month that HUD notifies the participating jurisdiction of HUD's execution of the HOME Investment Participation Agreement.

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

August 1, 2005.

Reasons Waived:

The Commonwealth has addressed numerous performance and compliance deficiencies, reorganized the administration of its HOME program, and implemented a new financial management system that meets federal standards. With the granting of the waiver, PRDH now has the capacity to successfully implement the HOME program to provide affordable housing for low-income families.

Contact:

Ginger Macomber, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, telephone (202) 708-2684.

•

Regulation:

24 CFR 91.15(a)(2).

Project/Activity:

City of Yonkers, New York, requested a waiver of 24 CFR 91.15(a)(2) of the Consolidated Plan regulations.

Nature of Requirement:

Section 91.15(a)(2) requires a participating jurisdiction to submit its consolidated action plan no later than August 16 of the federal fiscal year for which grant funds were appropriated.

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

August 1, 2005.

Reasons Waived:

The City of Yonkers sought a waiver of 24 CFR 91.15(a)(2) to extend its submission deadline for its FY2004 consolidated action plan until 45 days after it is notified of HUD's approval of its waiver request. The waiver allows the city to amend its FY2004 consolidated action plan to include its FY2003 and FY2004 ADDI programs, and enables the city to use its FY2003 and FY2004 ADDI program funds to assist first time homebuyers.

Contact:

Martha Murray, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, (202) 708-2684.

•

Regulation:

24 CFR 92.214(a)(6).

Project/Activity:

The City of Houston, Texas, requested a waiver under 24 CFR 92.214(a)(6) of the HOME program regulations.

Nature of Requirement:

Section 92.214 of the HOME program regulations states that except for up to one year after project completion, HOME assistance may not be provided to a previously assisted HOME project during the period of affordability.

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

August 1, 2005.

Reasons Waived:

Since HUD issued its monitoring report, the city has taken corrective actions to inspect the single-family housing purchased with HOME downpayment assistance and to correct property standards violations.

Contact:

Martha Murray, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, telephone (202) 708-2684.

•

Regulation:

24 CFR 92.503(b).

Project/Activity:

Dakota County Consortium, Minnesota, requested waiver of 24 CFR 92.503(b) of the HOME program regulations.

Nature of Requirements:

Section 92.503(b) of the HOME program regulations requires that any HOME funds invested in a project that fails to meet the affordability requirements for the period specified in 24 CFR 92.252 be repaid by the participating jurisdiction to its HOME account.

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

September 20, 2005.

Reasons Waived:

In lieu of repayment, the Dakota County Consortium requested a waiver to enable it to substitute a comparable property for a HOME-assisted property. In addition to being comparable, the substitute property must have received no federal aid. The granting of the waiver allowed the consortium to transfer the HOME affordability requirements to the substitute property for the remainder of the affordability period.

Contact:

Shawna Burrell, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, telephone (202) 708-2684.

•

Regulation:

24 CFR 570.380(a).

Project/Activity:

The City of Carmel, Indiana requested a waiver of the Community Development Block Grant (CDBG) program regulations at 24 CFR 570.308(a).

Granted by:

Pamela H. Patenaude, Assistant Secretary for Community Planning and Development.

Date Granted:

September 21, 2005.

Reasons Waived:

The granting of the waiver permitted consideration by HUD of a joint request from Carmel and Hamilton County to include the City as part of the urban county during FY2006 for the purpose of planning and implementing a joint community development and housing program.

Contact:

Gloria Coates, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, telephone (202) 708-1577.

•

Regulation:

24 CFR 574.310(d) and 574.320(a)(1).

Project/Activity:

Marin County, California requests a waiver of the HOPWA resident rent payment and maximum subsidy regulations at 24 CFR 574.310(d) and 574.320(a)(1).

Granted by:

Nelson Bregon, General Deputy Assistant Secretary for Community Planning and Development.

Date Granted:

July 8, 2005.

Reasons Waived:

The waiver permits Marin County to increase the resident rent payment from 30 percent to 40 percent of the program recipient's monthly-adjusted income for the purposes of lowering the subsidy amount HOPWA clients receive for rental assistance. This action allows Marin County to continue providing rental housing assistance to its current 50 clients with maximum rental assistance subsidy without terminating rental assistance for up to 18 clients.

Contact:

David Vos, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410-7000, telephone (202) 708-1934.

II. Regulatory Waivers Granted by the Office of Housing—Federal Housing Administration (FHA)

For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 200.40(d)(1).

Project/Activity:

The following projects requested waivers to the application fee at 24 CFR 200.40(d)(1).

FHA No.

Project

State

03135237

Arlington Arms Apartments

10235180

Brookridge Plaza Apartments

01335126

Elizabeth Square Apartments

06135383

Moultrie Manor Apartments

12335118

Mountain View Apartments

02336613

Lena Park (Granite Package #7)

11744034

Rolling Meadows of Enid

05135350

Garrison Woods

06435006

Sunlight Manor Apartments

09435014

Dakota Estates Retirement Center

05335440

Arcadia Village Apartments

07335416

Gary NSA III Apartments

07135469

Englewood Eden Green

07335255

The Oaks Apartments III

03444055

Interfaith Heights

06444112

Gulfway Terrace Apartments

11535159

Donna Village Apartments

05435494

Standpoint Vista Apartments

01257308

Villa Alejandrina

07335596

Cambridge Estates Phase IV

07335299

Gardens of Greenbriar Apartments

07335371

Beacon Heights

01735090

Hill Central Community Cooperative

01257346

Mother Zion Apartments

08635179

Margaret Robertson Apartments

11335067

Gholson Hotel

01232258

Maplewood Apartments

11235330

Cove Village Apartments

05335319

Alamance Plaza

07135568

Austin Renaissance

04744016

Pinebrook Manor

03444017

Garden Court Apartments

05635077

Manati Plaza Apartments

06135382

Capitol Towers

05335406

Rochelle Manor Apartments

12735359

Broadway Plaza Apartments

05635110

San Cristobal Apartments

11435322

Colonial Park Apartments

03535082

Park Plaza Apartments

07135441

Madison Terrace Apartments

10911006

Del Mar Apartments

07135483

Washington Scene Apartments

10935045

Cheyenne North Apartments

08435253

Kings Cove Apartments

06235209

Cedars Green Apartments

07135436

Roosevelt Independence

04635170

Hi-Land Terrace Apartments

10135274

California Park East

06535351

Canton Estates Apartments

06235283

Normandale Apartments

03335151

Evergreen Arbors

04235405

West Park Senior Center

05935181

Bond House

05938005

Wellington Square

12735360

New Central Hotel

01435059

Roosevelt Apartments

02335268

Piedmont Brightside Apartments

05235367

Windsor Gardens

06694016

Federal Apartments

10935062

Springhill I Apartments

10935063

Springhill II Apartments

10935064

Springhill III Apartments

04335287

Melanie Manor

11344071

Western Heights Apartments

08535391

College Hill Apartments

02336612

Washington Columbia Apartments

04235402

Brookside Village

08335176

Cambridge Square Apartments

05635123

Villa Machuelo

06535362

George E. Lewis Estates

05635131

Brisas De San Alfonso

05635113

Trujillo Alto Gardens

07335585

Mill Run Apartments

04335162

The Orchards II

05235362

Upton Druid Apartments

04335182

The Orchards I

03135235

Broadway Manor Apartments

07335600

Cloverdale Heights Apartments II

12735346

Jackson Apartments

08535251

Union Sarah Rehab SS II

07535313

Renaissance Apartments

03435210

Daniel Scott Commons

00035334

Benning Heights

06544042

Northwood Village

12135678

Mercy Terrace

01435002

Metro Interfaith

01335120

Schuyler Court Apartments

10935006

Sertoma Senior Citizens Housing, Inc.

01257338

Brownsville Gardens

01332004

Providence Hall

08735141

Ivy Avenue Apartments

05935039

Cooper Road Plaza Apartments

07335624

Fairington of Fort Wayne

07335531

River Run Apartments

06144148

Shy Manor Apartments

06535040

Eastgate Garden Apartments

06144197

Blakewood Apartments

05235350

Barclay Greenmount

06135312

Oakwood Apartments

04735006

Neighborhood Apartments

03135244

Hampshire House

10110557

Birchwood Manor

08335012

Highland Heights Apartments

08344081

Belmont Court Apartments

06144040

Holsey Cobb Village Apartments

08335033

Woodland Heights

04535004

Abram-King Memorial Apartments

03344088

Grant Towers

06544802

Madonna Manor

05235312

Cumberland Manor

07355120

Eden Green Apartments

08344024

Edgewood Village Apartments

12735200

Lake Chelan Community Apartments

12135758

La Serena Apartments

07335591

Jamestown Square of Washington

07344403

Fowler Apartments

07335605

Cambridge Square of Bedford

04335289

Beasley Mills Apartments

04535159

West View Manor

04235403

Highland Crest Apartments

06244012

Alta Vista Apartments

07344166

Troy Manor Cooperative II

07344167

Troy Manor Cooperative III

06535091

Southwest Village Apartments

04344061

Rosa Parks Apartments

09135016

Townhouse Apartments

04292505

Marshall Plaza II

09135026

Fairlane Apartments

08635189

Southfield Apartments

12135737

Flores Gardens Apartments

07335229

Cambridge Square of Marion

07435229

Oak Hill Manor

00035427

Cavalier Apartments

07335459

Gary NSA V

12344027

Broadway House

06435246

Stonehenge Apartments

05392503

Park Heights Apartments

01257216

Malcolm X 11-Phase A Apartments

09338006

Glacier Manor

06144105

Cedar Avenue Apartments

07344175

Vinton Woods Cooperative III

04535154

Manor House Apartments

11535198

Fifty Oaks Apartments

06592501

William H. Bell Apartments

11535163

Alamo Village Apartments

11535338

Fox Run Apartments

06411067

Pine Hill Estates

11535245

Castle Manor Apartments

05935196

Stone Vista Apartments

11744094

Town and Country Apartments

12144371

Villa Fontana Apartments

04535074

Freedom Place I

02336614

Field Corner Granite

07335286

Camelot Court of Paoli

02335279

Ashland Commons

01332005

Amsterdam Sr. Citizen Housing

06535012

Susie B. West Apartments

06535082

Edgewood Manor Apartments

03435212

Monte Vista Apartments

06135031

Eastgate Apartments

01257322

Woodycrest Courts II

01235541

New Square Family Housing

04544014

Vandalia Terrace Apartments

01257017

Friendset Apartments

07135254

Ridgewood Towers Apartments

07392002

South Towne Square Apartments

07435003

Oakridge Neighborhood (DMACC)

04535069

Dunbar Towers

04535018

Calhoun Homes

02336616

Quincy Geneva—Granite #11B

12344044

Hartford Apartments

06544052

Broadway Estates

08635013

East Gate Apartments

05392508

Spring Valley Apartments

10335020

Valentine Apartments

07344071

Garden Estates West

01335128

Fulton Mill Apartments

11535162

Rio Hondo Village

10235105

Concordia II Apartments

10244092

Concordia Apartments

01444056

Corning Mews Apartments

01444043

Apple Blossom Acres

06111135

Wisdom Woods Apartments

06535005

Francis Street Apartments

08635149

Algood Manor Apartments

11344016

Woodland Village Apartments

04535007

Miracle Acres

07344119

Gardenside Terrace Cooperative II

07344118

Gardenside Terrace Cooperative I

06135536

Amberwood Apartments

07135426

Concord Commons Apartments

06235323

Claiborne Arms Apartments

09344055

Thompson Falls Lions Manor

05335009

Zion Hills Apartments

06744125

Palm Avenue Baptist Apartments

09335035

Sunset Capital Apartments

08144038

Tyson Park Apartments

04644005

Asbury Apartments

08611043

Buena Vista Manor Apartments

05294031

York Park Apartments

01257288

McKinley Manor Apartments

08635015

Haynes Garden Apartments

04335098

Garden Manor Apartments

01435035

Touraine Apartments

07335018

Greenwood Apartments

05335047

Stewart's Creek Apartments

09335092

Crestwood Inn

04244054

Channelwood Village (aka Callis Tower)

08635062

Spring Haven Apartments

08344019

Heather Hills II Apts (aka Danville II)

08335344

Countryview Apartments

10235111

Greenway Park Apartments

04535078

Montani Towers

08335222

Holley Manor Annex Apartments

04635046

Parkview Arms I

11435007

Louis Manor Apartments

11735033

Columbia Square Apartments

04244043

Moody Manor

04255046

Marshall Plaza I

01257324

McGee Hill Apartments

06592002

South Park Village Apartments

03135246

Spruce Park Apartments

11835117

James B. Milam Apartments

11244063

Liberty Arms Apartments

11844044

Coweta Apartments

08644021

Knollcrest Manor Apartments

04238002

Firelands Retirement Center

06535066

Delta Apartments

08535294

Kirksville Heights Apartments

09144048

Village Green

04635265

Carl Apartments

04235029

Regina Manor

04244020

Pentecostal Apartments

13335002

Northcrest Apartments

01232230

Armory Plaza

08211012

The Pines Apartments

05335046

Elizabeth Manor Apartments

08638005

Madison View Towers

12235580

Strathern Court

05935038

Lakeside Garden Apartments

12135750

Rumrill Gardens

03232002

Quaker Hill Place

08144035

Creekwood Village Apartments

08335030

Parkway Villa Apartments

10535071

Milford Haven Apartments

07335226

Hammond Elderly Apartments

11844075

Beard Estates

07335557

Twyckenham Apartments

10235131

Clinton Parkway

11335075

Peppertree Acres

04535089

Pleasantview Towers

08435204

Catalpa Tree Apartments

06135215

Ashley House Apartments

08655001

CWA I Apartments

09235331

Maplewood Gardens

04635566

Wilmington Green III

04635585

St. Francis Court Apartments

03135173

Aspen Temple

04335262

Jeffersonville Green II

09235252

Raintree West Apartments

10535035

Stonehedge I

06435341

Winnsboro Homes

07344088

Grandville Cooperative III

04235013

Kenmore Village I

07344059

Grandville Cooperative I

07344087

Grandville Cooperative II

01257312

James Alston (SEBCO Banana Kelly)

11544138

Villa San Benito Apartments

04635666

La Luz Apartments

05435343

Manning Gardens

08511059

Mexico Housing for the Elderly

04744066

Oak Tree Village

17155001

Tri-Cities Low Cost Housing

12235488

East 35th Street Apartments

03135162

Aspen Stratford A

08535460

Cape Gardens Apartments

04744090

Briar Hills Apartments

09332003

Serendipity

05335016

Park View Terrace

01257246

Union Avenue Apartments

08635166

Greentree Apartments

06444093

Haydel Heights Apartments

05435399

Laurens Villa Apartments

08535234

HDC Retirement Village

08335633

Meadowbrook Apartments

10144803

NEDCO for the Elderly dba Liggins Tower

04635474

The Terraces Apartments

05335248

Sir Walter Apartments

04535102

Market Manor

12138108

Wesley Manor

01335127

Park Drive Manor II

08335631

Sycamore Terrace

08335621

Richmond Manor Apartments

04635482

Camden Way I

11435047

Eastwood Terrace

05435514

Heritage Court

05938007

Cedar Hill Apartments

05311135

Arrowhead Apartments

11335239

Blue Water Garden Apartments

11644025

Sunset 1600 Apartments

05335739

Clinton Housing for the Elderly

11235117

Roxton Arms Apartments

12135785

Terman Apartments

04635017

Shelton Gardens

07335284

Camelot Court of French Lick

05335428

Greentree Village Apartments

05655046

Water Guts Homes

06135230

Jefferson Apartments

05655029

Lagoon Street Homes

06135250

Sandy Springs Apartments

04244135

Community Circle I

17144902

Orchard Villa Apartments

03535086

New Sharon Woods

13635613

Marymead Park Apartments

08535274

Wellston Townhouses

01735232

Fairhaven Elderly Apartments

05155005

Fairhills Apartments

01257247

Washington Plaza

01257193

Felisa Rincon De Gautier

07235043

Sunnycrest Manor

06435045

Bacmonila Garden Apartments

00035313

Ivy City Apartments

05435339

Fleetwood Manor

04635486

Village Park

07311275

Briarwood Village

07335588

Austin Village Apartments

07435131

Autumn Park Apartments

10335069

Empire Apartments

04535072

Parkland Place

11535108

Robinhood Apartments

04344088

Maplewood Apartments

01435064

Springside Meadows

04335148

Northwood Apartments

04335268

Pleasant View, Ltd.

08335243

Madison Avenue Apartments

08435188

Cameron Estates

04544038

North Park Apartments

08444129

Sherri Estates

12135638

Rancho Sol

12135639

Rancho Luna

08144018

Corning Village Apartments

03135248

Highview Terrace

04535116

Ravenswood Station

06694031

Driftwood Terrace Apartments

04535115

Senior Towers

10135245

Allison Village

12135641

Hayward Villa

12135647

Fairway Apartments

07311199

100 Center Hi-Rise Apartments

01257286

Battle Hill Houses

07135499

Clifton Apartments

04235432

South Toledo Homes

05635053

Muneki I

08344098

Valley View Apartments

01438002

Linwood Congregate

05635054

Joanne Gardens (aka Jardines De Joanne)

05135393

Shockoe Hill Apartments II

09135068

Valley Hi Apartments

01335074

Auburn Heights Apartments

10335070

Regency Place

03335094

Towne Towers

04235423

Palmer Gardens

08535237

New Madrid Villa

08535240

Malden Villa Apartments

04235283

Indian Village Apartments

08535238

Lilbourn Villa

01257319

Fulton Street South

01235352

Woodland Townhouses

01211266

2059 Madison Avenue

Nature of Requirement:

Section 200.40 establishes fees to be applied to Mark-to-Market transactions with FHA insured mortgages. The intent of this provision is to provide an extra incentive to encourage owner cooperation with the process in a timely manner.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 2, 2005.

Reason Waived:

The projects listed above were FHA insured and incentives were necessary to encourage cooperation.

Contact:

Norman Dailey, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8371.

•

Regulation:

24 CFR 200.40(h).

Project/Activity:

The following projects requested waivers to the application fee CFR at 200.40(h).

FHA No.

Project

State

01257324

McGee Hill Apartments

06592002

South Park Village Apartments

03135246

Spruce Park Apartments

11835117

James B. Milam Apartments

11244063

Liberty Arms Apartments

11844044

Coweta Apartments

08644021

Knollcrest Manor Apartments

04238002

Firelands Retirement Center

06535066

Delta Apartments

08535294

Kirksville Heights Apartments

09144048

Village Green

04635265

Carl Apartments

04235029

Regina Manor

04244020

Pentecostal Apartments

13335002

Northcrest Apartments

01232230

Armory Plaza

08211012

The Pines Apartments

05335046

Elizabeth Manor Apartments

08638005

Madison View Towers

12235580

Strathern Court

05935038

Lakeside Garden Apartments

12135750

Rumrill Gardens

03232002

Quaker Hill Place

08144035

Creekwood Village Apartments

08335030

Parkway Villa Apartments

10535071

Milford Haven Apartments

07335226

Hammond Elderly Apartments

11844075

Beard Estates

07335557

Twyckenham Apartments

10235131

Clinton Parkway

11335075

Peppertree Acres

04535089

Pleasantview Towers

08435204

Catalpa Tree Apartments

06135215

Ashley House Apartments

08655001

CWA I Apartments

09235331

Maplewood Gardens

04635566

Wilmington Green III

04635585

St. Francis Court Apartments

03135173

Aspen Temple

04335262

Jeffersonville Green II

09235252

Raintree West Apartments

10535035

Stonehedge I

06435341

Winnsboro Homes

07344088

Grandville Cooperative III

04235013

Kenmore Village I

07344059

Grandville Cooperative I

07344087

Grandville Cooperative II

01257312

James Alston (SEBCO Banana Kelly)

11544138

Villa San Benito Apartments

04635666

La Luz Apartments

05435343

Manning Gardens

08511059

Mexico Housing for the Elderly

04744066

Oak Tree Village

17155001

Tri-Cities Low Cost Housing

12235488

East 35th Street Apartments

03135162

Aspen Stratford A

08535460

Cape Gardens Apartments

04744090

Briar Hills Apartments

09332003

Serendipity

05335016

Park View Terrace

01257246

Union Avenue Apartments

08635166

Greentree Apartments

06444093

Haydel Heights Apartments

05435399

Laurens Villa Apartments

08535234

HDC Retirement Village

08335633

Meadowbrook Apartments

10144803

NEDCO for the Elderly dba Liggins Tower

04635474

The Terraces Apartments

05335248

Sir Walter Apartments

04535102

Market Manor

12138108

Wesley Manor

01335127

Park Drive Manor II

08335631

Sycamore Terrace

08335621

Richmond Manor Apartments

04635482

Camden Way I

11435047

Eastwood Terrace

05435514

Heritage Court

05938007

Cedar Hill Apartments

05311135

Arrowhead Apartments

11335239

Blue Water Garden Apartments

11644025

Sunset 160 Apartments

05335739

Clinton Housing for the Elderly

11235117

Roxton Arms Apartments

12135785

Terman Apartments

04635017

Shelton Gardens

07335284

Camelot Court of French Lick

05335428

Greentree Village Apartments

05655046

Water Guts Homes

06135230

Jefferson Apartments

05655029

Lagoon Street Homes

06135250

Sandy Springs Apartments

04244135

Community Circle I

17144902

Orchard Villa Apartments

03535086

New Sharon Woods

13635613

Marymead Park Apartments

08535274

Wellston Townhouses

01735232

Fairhaven Elderly Apartments

05155005

Fairhills Apartments

01257247

Washington Plaza

01257193

Felisa Rincon De Gautier

07235043

Sunnycrest Manor

06435045

Bacmonila Garden Apartments

00035313

Ivy City Apartments

05435339

Fleetwood Manor

04635486

Village Park

07311275

Briarwood Village

07335588

Austin Village Apartments

07435131

Autumn Park Apartments

10335069

Empire Apartments

04535072

Parkland Place

11535108

Robinhood Apartments

04344088

Maplewood Apartments

01435064

Springside Meadows

04335148

Northwood Apartments

04335268

Pleasant View, Ltd.

08335243

Madison Avenue Apartments

08435188

Cameron Estates

04544038

North Park Apartments

08444129

Sherri Estates

12135638

Rancho Sol

12135639

Rancho Luna

08144018

Corning Village Apartments

03135248

Highview Terrace

04535116

Ravenswood Station

06694031

Driftwood Terrace Apartments

04535115

Senior Towers

10135245

Allison Village

12135641

Hayward Villa

12135647

Fairway Apartments

07311199

100 Center Hi-Rise Apartments

01257286

Battle Hill Houses

07135499

Clifton Apartments

04235432

South Toledo Homes

05635053

Muneki I

08344098

Valley View Apartments

01438002

Linwood Congregate

05635054

Joanne Gardens (aka Jardines De Joanne)

05135393

Shockoe Hill Apartments II

09135068

Valley Hi Apartments

01335074

Auburn Heights Apartments

10335070

Regency Place

03335094

Towne Towers

04235423

Palmer Gardens

08535237

New Madrid Villa

08535240

Malden Villa Apartments

04235283

Indian Village Apartments

08535238

Lilbourn Villa

01257319

Fulton Street South

01235352

Woodland Townhouses

01211266

2059 Madison Avenue

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 2, 2005.

Reason Waived:

The projects listed above were FHA insured and incentives were necessary to encourage cooperation.

Contact:

Norman Dailey, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8371.

•

Regulation:

24 CFR 203.371(b)(3), 203.414, 203.402(g)(2).

Project/Activity:

Assist victims of Hurricane Katrina impacted by above provisions.

Nature of Requirement:

These sections that address partial claims were waived to assist in dealing with Hurrican Disaster Relief.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 22, 2005.

Reason Waived:

To assist in dealing with Hurricane Disaster Relief.

Contact:

Ray D. Washington, Office of Single Family Housing Asset Management, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 2378.

•

Regulation:

24 CFR 203.37(a).

Project/Activity:

Presidential declared disaster areas caused by Hurricane Katrina.

Nature of Requirement:

HUD regulations at 24 CFR 203.37a(b)(2) provides that properties that have a resale date 90 days or less following the date of acquisition by the seller are not eligible for an FHA insured mortgage.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 28, 2005.

Reason Waived:

It is recognized that safe and adequate housing is a major factor in the restoration and stabilization of communities following a natural disaster. Investors and developers can play a major role in the recovery of housing stock in the hurricane ravaged areas. The urgent need to increase housing stock outweighs the property flipping issues in this case.

Contact:

Margaret E. Burns, Director, Single Family Program Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 3989.

•

Regulation:

24 CFR 219.220(b).

Project/Activity:

Wellesley Townhouses Cooperative, Romulus, Michigan, Project numbers 044-55058, 044-55059, 044-55060, 044-55061; and 044-55062.

Nature of Requirement:

Section 219.220(b) governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 states: “Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or sale of the project.” These actions would typically terminate FHA involvement with the property, and the Flexible Subsidy loan would be repaid, in whole, at that time.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 28, 2005.

Reason Waived:

The Assistant Secretary for Housing granted waiver of this request. Wellesley Townhouses Cooperative has requested prepayment approval of the insured mortgage to refinance with a non-insured lender. Refinancing will provide sufficient funds for the Cooperative's capital improvement and repair program and allow the property to continue as a well-maintained source of affordable housing. The property will mature on December 1, 2011. The owner proposes to extend the property's current affordable use restriction for an additional 30 years, through December 1, 2041. Ninety-five percent of the residents have incomes below the market interest rate income level. If this waiver were not granted, those residents not receiving Section 8 assistance could be adversely affected by an increase in their rent to cover the cost of immediate repayment of the Flexible Subsidy loan in full.

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, ext. 2598.

•

Regulation:

24 CFR 234.1(a).

Project/Activity:

Kokanee Creek Condominiums (formerly known as Airport Road Townhomes), Everett, WA.

Nature of Requirement:

HUD's regulations at 24 CFR 234.1(a) excludes manufactured homes from being insured as individual units under section 234 of the National Housing Act.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 27, 2005.

Reason Waived:

The homes had received extensive engineering analyses including HUD approval of an alternate construction request to build townhouse type construction. The project was strongly supported by the local housing authority by providing land and other financial resources.

Contact:

Margaret E. Burns, Director, Single Family Program Development, Department of Housing and Urban

Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 3989.

•

Regulation:

24 CFR 401.461(b)(1).

Project/Activity:

The following project requested a waiver to the simple interest requirement on the second mortgage to allow compound interest at the applicable Federal Rate. (24 CFR 401.461):

FHA No.

Project

State

034-35185

Cobbs Creek NSA

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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 13, 2005.

Reason Waived:

This regulatory restriction would be construed as a form of federal subsidy, thereby creating a loss of tax credit equity. This loss will adversely affect the ability to close the Restructuring Plan and could cause the loss or deterioration of these affordable housing projects. Therefore, compound interest is 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 Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8381.

•

Regulation:

24 CFR 401.461(b)(1).

Project/Activity:

The following project requested a waiver to the simple interest requirement on the second mortgage to allow compound interest at the applicable Federal Rate. (24 CFR 401.461):

FHA No.

Project

State

034-35213

Breslyn Apartments

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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

Contact:

Dennis Manning, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8381.

•

Regulation:

24 CFR 401.461(b)(1).

Project/Activity:

The following project requested a waiver to the simple interest requirement on the second mortgage to allow compound interest at the applicable Federal Rate. (24 CFR 401.461):

FHA No.

Project

State

105-35063

St. Benedict Manor I Apartments

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 20, 2005.

Reason Waived:

Contact:

Dennis Manning, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext.8381.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project

State

01635078

BARBARA JORDAN APTS II

07335018

Greenwood Apartments

11535160

San Juan Village

06235026

Joel Court Apartments

11844075

Beard Estates

11744094

Town and Country Apartments

03344088

Grant Towers

03135246

Spruce Park Apartments

04544014

Vandalia Terrace Apartments

03435212

Monte Vista Apartments

01635078

BARBARA JORDAN APTS II

07335018

Greenwood Apartments

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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 14, 2005.

Reason Waived:

The projects listed above were not assigned to the participating administrative entities (PAEs) in a timely manner or the restructuring analysis was unavoidably delayed due to no fault of the owner.

Contact:

Norman Dailey, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8371.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project

State

07344403

FOWLER APARTMENTS

07335459

GARY NSA V

06444112

GULFWAY TERRACE APTS

01257312

James Alston Houses

11835117

JAMES B MILAM

04235013

KENMORE VILLAGE

05655029

LAGOON STREET HOMES

10144803

LIGGINS TOWER

04335297

ORCHARD TERRACE II

05335016

PARK VIEW TERRACE

11335075

PEPPERTREE ACRES

02336616

QUINCY GENEVA, GRANITE #11B

04635017

Shelton Gardens

06592002

SOUTH PARK VILLAGE

01435035

TOURAINE APARTMENTS

11544138

Villa San Benito

08335033

WOODLAND HEIGHTS

11344016

WOODLAND VILLAGE APTS

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 2, 2005.

Reason Waived:

The projects listed above were not assigned to the participating administrative entities (PAEs) in a timely manner or the restructuring analysis was unavoidably delayed due to no fault of the owner.

Contact:

Norman Dailey, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext.

8371.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project

State

11335239

Blue Water Garden Apartments

08144035

Creekwood Village Apartments

01335114

Georgian Arms Apartments

06444112

Gulfway Terrace Apartments

05444005

Mt. Zion AME II

04335148

Northwood Apartments

06544042

Northwood Village

04635585

ST. FRANCIS COURT

06435341

Winnsboro Homes

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 30, 2005.

Reason Waived:

The projects listed above were not assigned to the participating administrative entities (PAEs) in a timely manner or the restructuring analysis was unavoidably delayed due to no fault of the owner.

Contact:

Norman Dailey, Office of Affordable Housing Preservation, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-8000; telephone (202) 708-0614, ext. 8371.

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Gulfport Manor, Gulfport, MS, Project Number: 065-EE031/MS26-S001-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 25, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has 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.

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Alison House, Lansing, MI, Project Number: 047-HD029/MI33-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Wren's Way, Wooster, OH, Project Number: 042-HD108/OH12-Q021-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Pecan Valley Apartments, Bono, AR, Project Number: 082-EE165/AR37-S041-005.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Great Falls, Montana Supportive Housing Development, Great Falls, MT, Project Number: 093-HD018/MT99-Q031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 27, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Rivercrest Commons, Amsterdam, NY, Project Number: 014-HD119/NY06-Q031-009.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 27, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

ABC Apartments, El Sobrante, CA, Project Number: 121-HD077/CA39-Q031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 28, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

College Park Towers II, Orlando, FL, Project Number: 067-EE125/FL29-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Bozeman, Montana Supportive Housing Development, Bozeman, MT, Project Number: 093-HD017/MT99-Q031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Harvey II, Harvey, IL, Project Number: 071-EE174/IL06-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Garber Manor, Staunton, VA, Project Number: 051-EE083/VA36-S011-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

St. Matthew Manor, Raynel, LA, Project Number: 064-HD081/LA48-Q031-007.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 2, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Indian Creek Apartments, Council Bluffs, IA, Project Number: 074-HD026/IA05-Q031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 2, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Bridgeway Kewanee Housing, Kewanee, IL, Project Number: 072-HD135/IL06-Q031-011.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 2, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Keygate Manor, Toledo, OH, Project Number: 042-EE159/OH12-S031-012.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 3, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Seniors at Hegemon, Columbus, OH, Project Number: 043-EE085/OH16-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 3, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has 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.

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Garden Way Apartments, Hermitage, PA, Project Number: 033-EE119/PA28-S041-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 5, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Pensacola Retirement Village IV, Pensacola, FL, Project Number: 063-EE035/FL29-S031-014.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 5, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Goodwill Industries Housing II, Grand Island, NE, Project Number: 103-HD031/NE26-Q031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 10, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Mary Lee Flagship, Austin, TX, Project Number: 115-EE068/TX59-S031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Garber Manor III, Staunton, VA, Project Number: 051-EE089/VA36-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Donald W. Kent Residence, Northlake, IL, Project Number: 071-EE187/IL06-S031-009.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 17, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Miracle Village, Tallahassee, FL, Project Number: 063-EE034/FL29-S031-013.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 17, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Parker Run, Montross, VA,

Project Number:

051-EE102/VA36-S031-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 18, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

•

Regulation:

24 CFR 891.100(d).

Project/Activity:

Quaker Estates I, Portsmouth, RI, Project Number: 016-EE053/RI43-S031-004.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 22, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Maplewood Estates, Stockton, MO, Project Number: 084-EE061/MO16-S041-004.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 24, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

AHEPA 192-III Apartments, Ankeny, IA, Project Number: 074-EE042/IA05-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 25, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Sioux Falls VOA Group Home, Sioux Falls, SD, Project Number: 091-HD009/SD99-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 25, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Volunteers of America Wildflower Estates, Sioux Falls, SD, Project Number: 091-HD010/SD99-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 25, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Melissa Anne Hanger Apartments, Topeka, KS, Project Number: 102-HD035/KS16-Q031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Elm Court II, Princeton, NJ, Project Number: 035-EE048/NJ39-S031-004.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

TBD—21st Association Properties, West Springfield, MA, Project Number: 023-HD196/MA06-Q031-004.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Bozeman Senior Housing Inc., Bozeman, MT, Project Number: 093-EE015/MT99-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Deltona Gardens, Deltona, FL, Project Number: 067-HD087/FL29-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Indian Creek Apartments, Council Bluffs, IA, Project Number: 074-HD026/IA05-Q031-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 30, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

NCR Deer Park, Deer Park, WA, Project Number: 171-EE019/WA19-S031-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

St. Mary Magdalene Apartments, New Iberia, LA, Project Number: 064-EE156/LA48-S031-010.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

National Church Residences of Latrobe Senior Housing, Latrobe, PA, Project Number: 033-EE117/PA28-S031-005.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

North Community Housing, Columbus, OH, Project Number: 043-EE097/OH16-S031-007.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Saugatucket Springs, South Kingstown, RI, Project Number: 016-EE048/RI43-S021-005.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Oberlin—VOA Living Center, Oberlin, LA, Project Number: 064-HD080/LA48-Q031-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Casa de Corazones, LaCruces, NM, Project Number: 116-HD020/NM16-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Villa Regina, West Palm Beach, FL, Project Number: 066-EE086/FL29-S011-010.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Everyday Living, Washington, PA, Project Number: 033-HD088/PA28-Q041-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Westerly Courts, Westerly, RI, Project Number: 016-HD041/RI43-Q021-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

St. George Housing Corporation, Superior, WI, Project Number: 075-HD074/WI39-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Von Bora Place, Titusville, PA, Project Number: 033-EE124/PA28-S041-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 12, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Old Middleton Road Apartments, Madison, WI, Project Number: 075-HD082/WI39-Q041-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 13, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Waukegan Supportive Housing, Waukegan, IL, Project Number: 071-HD038/IL06-Q031-007.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 15, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Coventry Place, Bloomfield, CT, Project Number: 017-EE081/CT26-S031-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 15, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

St. Pius Place, Cincinnati, OH, Project Number: 046-EE065/OH10-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 19, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Pigeon Creek I, Wooster, OH, Project Number: 042-EE163/OH12-S031-016.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 19, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Providence Senior Housing, San Francisco, CA, Project Number: 121-EE164/CA39-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 19, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Winfield Good Samaritan Housing, Winfield, KS, Project Number: 012-EE027/KS16-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 20, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

AHEPA 58-II Apartments, Wethersfield, CT, Project Number: 017-EE076/CT26-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 26, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Mountain Vistas II, Redding, CA, Project Number: 136-EE069/CA30-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 27, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Mar Vista House, Oceanside, CA, Project Number: 129-HD027/CA33-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:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 27, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Little Falls Landing, Windham, ME, Project Number: 024-EE072/ME36-S031-001.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 28, 2005.

Reason Waived:

The project is economically designed and comparable in cost to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Kansas Supportive Housing, Kansas City, KS, Project Number: 084-HD042/KS16-Q021-002.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing. Section 891.165 provides that the duration of the fund reservation of the capital

advance is 18 months from the date of issuance with limited exceptions up to 24 months, as approved by HUD on a case-by-case basis.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 25, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner required additional time to resolve issues dealing with the site owner and access to the site.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Hillside III, Vineyard Haven, MA, Project Number: 023-EE134/MA06-S011-006.

Nature of Requirement:

Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing. Section 891.165 provides that the duration of the fund reservation of the capital advance is 18 months from the date of issuance with limited exceptions up to 24 months, as approved by HUD on a case-by-case basis.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 1, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner required additional time to locate a general contractor and to resolve many zoning issues.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Aidylberg II, Oak Bluffs, MA, Project Number: 023-EE160/MA06-S021-011.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to secure secondary financing.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Aidylberg I, Oak Bluffs, MA, Project Number: 023-EE135/MA06-S011-007.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to secure secondary financing.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Greendale Residence, Needham, MA, Project Number: 023-HD190/MA06-Q021-008.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to secure secondary financing.

Contact:

• Regulation:

24 CFR 891.100(d) and 24 CFR 891.165.

Project/Activity:

Vista Villas, Pasadena, TX, Project Number: 114-HD023/TX24-Q021-002.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to secure secondary financing.

Contact:

• Regulation:

24 CFR 891.165 and 24 CFR 891.100(d).

Project/Activity:

Ozzie Wilson Residences, Brooklyn, NY, Project Number: 012-EE314/NY36-S011-008.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 15, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to secure a contractor and to seek secondary financing.

Contact:

• Regulation:

24 CFR 891.165 and 24 CFR 891.100(d).

Project/Activity:

Beatrice Castiglia Catullo Residence, Bronx, NY, Project Number: 012-EE327/NY36-S021-008.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 27, 2005.

Reason Waived:

The project is economically designed and comparable to similar projects in the area, and the Sponsor/Owner has exhausted all efforts to obtain additional funding from other sources. The Sponsor/Owner needed additional time to address site remediation issues.

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Deltona Gardens, Deltona, FL, Project Number: 067-HD087/FL29-Q021-001.

Nature of Requirement:

Section 891.165 provides that the duration of the fund reservation of the capital advance is 18 months from the date of issuance with limited exceptions up to 24 months, as approved by HUD on a case-by-case basis.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 27, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to prepare for initial closing.

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Sky Forest Acres, South Lake Tahoe, CA, Project Number: 136-HD014/CA30-Q011-001.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 28, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to work on design changes and to prepare for initial closing.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Faith Village, Houston, TX, Project Number: 114-EE096/TX24-S021-001.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 28, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to prepare for initial closing.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

VOA Sandusky, Sandusky, OH, Project Number: 042-HD10/OH12-Q021-008.

Nature of Requirement:

Section 891.165 provides that the duration of the reservation of the capital advance is 18 months from the date of issuance with limited exceptions up to 24 months, as approved by HUD on a case-by-case basis.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 1, 2005.

Reason Waived:

The Sponsor/owner needed additional time to obtain an easement for the project.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Faith Residence Apartments, Belle Plaine, MN, Project Number: 092-HD059/MN46-Q021-004.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 8, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to revise the building plans.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Anixter Village, Chicago, IL, Project Number: 071-HD128/IL06-Q021-006.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 9, 2005.

Reason Waived:

Additional time was needed to issue the firm commitment application.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

LSS Housing Eau Claire, Eau Claire, WI, Project Number: 075-HD080/WI39-Q031-005.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 15, 2005.

Reason Waived:

Additional time was needed to issue the firm commitment application.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Willow Bend Creek Apartments, Fort Worth, TX, Project Number: 113-HD020/TX21-Q021-001.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 19, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to review the new plans for the project.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Fayette Hills Unity, Oak Hill, WV, Project Number: 045-HD033/WV15-Q011-001.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 19, 2005.

Reason Waived:

Additional time was needed to process the revised firm commitment application.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

La Palma Apartments, Miami, FL, Project Number: 066-EE093/FL29-S21-014.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 22, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to finalize the plans and to secure secondary financing.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Apple Grove II Apartments, Lisbon, OH, Project Number: 042-HD103/OH12-Q021-001.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 26, 2005.

Reason Waived:

Additional time was needed for HUD to process the firm commitment application and to prepare for initial closing.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Villa Regina, West Palm Beach, FL, Project Number: 066-EE086/FL29-S011-010.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 27, 2005.

Reason Waived:

The Sponsor/Owner needed additional time to re-bid the construction contract, obtain revised cost analysis and to secure secondary financing.

Contact:

•

Regulation:

24 CFR 891.205.

Project/Activity:

Northwood Elderly Housing, Northwood, NH, Project Number: 024-EE064/NH36-S011-003.

Nature of Requirement:

Section 891.205 requires Section 202 Owners to have tax-exempt status under Section 501(c)(3) or (c)(4) of the Internal Revenue Code.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 28, 2005.

Reason Waived:

The required tax-exemption ruling from IRS was not received for the Owner in time for the scheduled initial closing of the project.

Contact:

• Regulation:

24 CFR 891.205.

Project/Activity:

Housing Opportunities, Bayshore, NY, Project Number: 012-HD118/NY36-Q031-003.

Nature of Requirement:

Section 891.205 requires Section 202 Owners to have tax-exempt status under Section 501(c)(3) or (c)(4) of the Internal Revenue Code.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 28, 2005.

Reason Waived:

The required tax-exemption ruling from IRS was not received for the Owner in time for the scheduled initial closing of the project.

Contact:

• Regulation:

24 CFR 891.310(b)(1) and (b)(2).

Project/Activity:

Share XI, Medford, NY, Project Number: 012-HD116-NY36-Q031-001.

Nature of Requirement:

Section 891.310(b)(1) and (b)(2) requires that all entrances, common areas, units to be occupied by resident staff, and amenities must be readily accessible to and usable by persons with disabilities.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 23, 2005.

Reason Waived:

The project consists of acquisition and rehabilitation of five single-family structures to be used as group homes for independent living for persons with chronic mental illness. One home will be made fully accessible, which will result in the total project

meeting the accessibility requirements under section 504 of the Rehabilitation Act of 1973.

Contact:

• Regulation:

24 CFR 891.310(b)(1) and (b)(2).

Project/Activity:

Housing Opportunities, Bayshore, NY, Project Number: 012-HD118/NY36-Q031-003.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

September 29, 2005.

Reason Waived:

The project consists of two group homes for independent living for persons with chronic mental illness. One home will be made fully accessible, which will result in the total project meeting the accessibility requirements under section 504 of the Rehabilitation Act of 1973.

Contact:

• Regulation:

24 CFR 891.410(c).

Project/Activity:

Parker Heights Apartments, Parker, Pennsylvania, FHA Project Number 033-EE019.

Nature of Requirement:

HUD regulations at 24 CFR 891 require occupancy to be limited to Very Low Income elderly persons (i.e., households composed of one or more persons at least one of whom is 62 years of age at the time of initial occupancy). Regulations also require that an owner is to determine the eligibility in selecting tenants.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The Assistant Secretary for Housing granted waiver of this request based on the project's difficulty in maintaining full occupancy. This is a 27-unit property located in a very rural area with few conveniences for senior citizens. There are currently 7 vacant units with one notice to vacate. While nearby Housing Authorities have persons on their waiting lists who are age/income eligible, they are not interested in moving to Parker Heights. Management has continued to aggressively market the property but the property is still experiencing occupancy problems. This waiver will allow the property to rent to persons who are at the low-income limits between 51 and 80 percent of area median income, and to persons who are near-elderly, between the ages of 50 and 62. This will allow the owner flexibility in renting these vacant units and perhaps start a waiting list.

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.

•

Regulation:

24 CFR 891.410(c).

Project/Activity:

Chestnut Manor Apartments, Weirton, West Virginia, FHA Project Number 045-HD032.

Nature of Requirement:

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

July 29, 2005.

Reason Waived:

The Assistant Secretary for Housing granted this waiver to alleviate current vacancy problems. This 20-unit property has a Section 811 Capital Advance for the disabled and subsidized 100 percent through a Project Rental Assistance Contract. The property was granted occupancy in 2004 and has still not reached 97 percent occupancy. Due to market problems, the property has experienced a vacancy rate of at least 47 percent since initial occupancy. There are currently 8 vacancies. The management agent continues to work closely with community organizations, as well as advertise through the media to attract very low-income persons with disabilities. This waiver allows the owner to permit admission of lower-income applicants when there are no very-low income applicants to fill vacancies. This waiver will allow the property additional flexibility in attempting to rent vacant units and perhaps start a waiting list.

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, ext. 2598.

• Regulation:

24 CFR 891.410(c).

Project/Activity:

The Oaks, Gary, West Virginia, FHA Project Number 045-EE014.

Nature of Requirement:

HUD regulations at 24 CFR 891 requires occupancy to be limited to Very Low Income elderly persons (i.e., households composed of one or more persons at least one of whom is 62 years of age at the time of initial occupancy). Regulations also require that an owner is to determine the eligibility in selecting tenants.

Granted by:

Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner.

Date Granted:

August 30, 2005.

Reason Waived:

The Assistant Secretary for Housing granted this waiver to alleviate the current occupancy problem at this project. This is a 16-unit property with 15 of its units covered under a Project Rental Assistance Contract. There are currently 13 vacant units. The project has not reach 97 percent occupancy since it was granted occupancy in August 2004. The property owner continues to aggressively advertise and market the property. The Housing Authority of Mingo County has advised they have approximately 1,100 persons on their waiting list with only three of those eligible for the Oaks. This waiver will permit admission of lower-income (persons with incomes between 50 and 80 percent of median income) elderly applicant when there are no very-low income elderly applicants to fill vacancies. Current occupancy levels will not support operations of the project. This waiver will allow additional flexibility in renting up vacant units and perhaps start a waiting list.

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, ext. 2598.

III. Regulatory Waivers Granted by the Office of Public and Indian Housing

For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 902.40.

Project/Activity:

Hamtramck Housing Authority (MI004) Hamtramck, MI,

Nature of Requirement:

The objective of the Management Operations Indicator of the Public Housing Assessment System (PHAS) is to measure certain key management operations and

responsibilities of a public housing agency (PHA) or the purpose of assessing the PHA's management operations capabilities. The PHA is required to submit its management operations certification within two months after the PHA's fiscal year end. The PHA requested a waiver of the submission due date.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

August 17, 2005.

Reason Waived:

The PHA's management operations certification was submitted timely, but was rejected because someone other than the Executive Director (ED), who was removed from office, submitted it. The PHA justified the reason for the removal of the ED, and the problems encountered during the transition. The PHA was granted a waiver of the submission due date to resubmit its management operations certification.

Contact:

David R. Ziaya, Program Manager, NASS, Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street, SW., Suite 100, Washington, DC 20410-5000, telephone (202) 475-8574.

• Regulation:

24 CFR 902.30.

Project/Activity:

Housing Authority of the City of Orange (TX037), Orange, TX.

Nature of Requirement:

The regulation at 24 CFR 902.30 establishes that the audited financial statements be submitted no later than nine months after the PHA's fiscal year end, in accordance with the Single Audit Act and OMB Circular A-133. The PHA requested a 30-day extension of the due date to submit its audited financial data.

Granted By:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

August 17, 2005.

Reason Waived:

The PHA's auditor was able to complete two of the three submission steps on the evening of June 30, 2005, but when the PHA attempted to electronically file the audited submission, it encountered system problems, and could not access the system to electronically file the audited submission. The PHA documented through screen shots the access and system problems encountered. The PHA attempted to submit its audited financial submission on time and the documentation provided gave evidence that the circumstances surrounding the failure to complete the submission were unusual and beyond the PHA's control.

Contact:

• Regulation:

24 CFR 902.30.

Project/Activity:

Housing Authority of New Orleans (LA001), New Orleans, LA.

Nature of Requirement:

The regulation at 24 CFR 902.30 establishes that the audited financial statements be submitted no later than nine months after the housing authority's (HA) fiscal year end, in accordance with the Single Audit Act and OMB Circular A-133. The PHA requested a waiver of the audited financial submission due date because of complex financial transactions and other mitigating circumstances including eight complex mixed finance transactions, and change in accounting methods.

Granted By:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

August 30, 2005.

Reason Waived:

The circumstances surrounding the submission were unusual and beyond the PHA's control. The PHA staff was unfamiliar and inexperienced with mixed finance transactions and accounting procedures. The PHA was granted thirty days to complete and resubmit the audited financial information.

Contact:

•

Regulation:

24 CFR 902.30.

Project/Activity:

Dallas Housing Authority (TX009), Dallas, TX.

Nature of Requirement:

The regulation at 24 CFR 902.30 establishes that the Audited financial statements be submitted no later than nine months after the housing authority's (HA) fiscal year end, in accordance with the Single Audit Act and OMB Circular A-133. Due to an unforeseen issue, the PHA had to reissue its 2003 annual financial audit before issuing its 2004 Comprehensive Annual Financial Report.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

September 28, 2005.

Reason Waived:

An unforeseen issue that was not identified at the time of the engagement contract, pertaining to the accelerated depreciation related to the demolition of an apartment project, caused the current auditors to require re-issuance of the PHA's 2003 annual financial audit from the prior audit firm. Due to this unforeseen issue, the PHA had to reissue its 2003 annual financial audit before issuing its 2004 Comprehensive Annual Financial Report. The PHA received an extension of the due date to October 28, 2005, to complete and submit the audited financial information.

Contact:

•

Regulation:

CFR 982.505(c)(3).

Project/Activity:

Longmont Housing Authority (LHA), Longmont, CO. The LHA requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Section 982.505(c)(3) states that if the amount on the PS schedule is decreased during the term of the HAP contract, the lower PS amount generally must be used to calculate the monthly HAP for the family beginning at the effective date of the family's second regular reexamination following the effective date of the decrease.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 28, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the LHA to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

Alfred C. Jurison, Director, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-5000, telephone (202) 708-0477.

•

Regulation:

24 CFR 982.505(c)(3).

Project/Activity:

Olathe Housing Authority (OHA), Olathe, KS. The OHA requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Section 982.505(c)(3) states that if the amount

on the PS schedule is decreased during the term of the HAP contract, the lower PS amount generally must be used to calculate the monthly HAP for the family beginning at the effective date of the family's second regular reexamination following the effective date of the decrease.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 28, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the OHA to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

•

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 25 percent cap on the number of units that can have PBA attached in a building to permit it to attach PBA to 28 units at Happy Hills Gardens.

Nature of Requirement:

Section II subpart F of the initial guidance requires that not 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, Headquarters has been authorizing implementation of this aspect of the law on a case-by-case basis.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 27, 2005.

Reason Waived:

An exception to the 25 percent cap was granted since, through partnerships developed in conjunction with the development of a HOPE VI Community and Supportive Services plan, a full array of supportive services will be provided based on the individual family's case management assessment. The following supportive services will be available through these partnerships: employment assistance; entrepreneurship training; childcare, and transportation. The partners include: Winston-Salem Transit Authority; Goodwill Industries; Workforce Development Board; Forsyth County Department of Social Services; Forsyth Technical Community College; Forsyth Technical Community College Small Business Center; and the Winston-Salem Urban League.

Contact:

Dr. Alfred Jurison, Director, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-5000, telephone (202) 708-0477.

•

Regulation:

24 CFR 982.505(d).

Project/Activity:

Chicago Housing Choice Voucher Program (CHAC), Chicago, IL. The CHAC is requesting approval of a special exception payment standard that exceeds 120 percent of the fair market rent as a reasonable accommodation for a housing choice voucher holder's disability.

Nature of Requirement:

24 CFR 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:

July 25, 2005.

Reason Waived:

Approval of the waiver was granted to allow a disabled housing choice voucher holder to continue to remain in her current unit because it is in close proximity of the services she utilizes and so she can live independently.

Contact:

•

Regulation:

24 CFR 982.505(c)(3).

Project/Activity:

Rochester Housing Authority (RHA), Rochester, NY. The RHA requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 22, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the RHA to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

•

Regulation:

Section II subpart E of the January 16, 2001,

Federal Register

notice, Revisions to PHA Project-Based Assistance (PBA) Program; Initial Guidance.

Project/Activity:

Chicago Housing Authority (CHA), Chicago, IL. The CHA requested an exception to the deconcentration requirements to permit it to attach PBA to 50 units in Cleveland Tower. The project is located in census tract 819 that has a poverty rate of 66.1 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:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 22, 2005.

Reason Waived:

An exception to the deconcentration requirements was granted since in the prior six months, nine properties in the census tract have sold for prices ranging from $326,000 to $919,000 with an average sales price of $553,722. Across the street from the western boundary of the census tract and two blocks west of Cleveland Tower are two new developments, Domain

Lofts and River Village. The average sales price for a unit in Domain Lofts is $613,770 and $650,000 is the average sales price for a unit in River Village. This housing activity is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities.

Contact:

•

Regulation:

Section II subpart E of the January 16, 2001,

Federal Register

notice, Revisions to PHA Project-Based Assistance (PBA) Program; Initial Guidance.

Project/Activity:

Chicago Housing Authority (CHA), Chicago, IL. The CHA requested an exception to the deconcentration requirements to permit it to attach PBA to 39 units in the Washington Park Single Room Occupancy project. The project is located in census tract 3818 that has a poverty rate of 49.8 percent.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 22, 2005.

Reason Waived:

An exception to the deconcentration requirements was granted since the project is located in a HUD-designated Enterprise Zone. The purpose of establishing Enterprise Zones is to open new businesses, and create jobs, housing, and new educational and healthcare opportunities for thousands of Americans. The goals of an Enterprise Zone are consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities.

Contact:

•

Regulation:

Section II subpart E of the January 16, 2001,

Federal Register

notice, Revisions to PHA Project-Based Assistance (PBA) Program; Initial Guidance.

Project/Activity:

New York Division of Housing and Community Renewal (NYDHCR), Newburgh, NY. The NYDHCR requested an exception to the deconcentration requirements to permit it to attach PBA to 20 single-family homes that comprise the Lander Street Project. The project is located in census tract 4 that has a poverty rate of 36.7 percent.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 20, 2005.

Reason Waived:

An exception to the deconcentration requirements was granted since the project is located in the Kingston-Newburgh's HUD-designated Enterprise Community. The purpose of establishing enterprise communities is to open new businesses, and create jobs, housing, and new educational and healthcare opportunities for thousands of Americans. The goals of an enterprise community are consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities.

Contact:

•

Regulation:

Section II subpart F of the January 16, 2001,

Federal Register

notice, Revisions to PHA Project-Based Assistance Program; Initial Guidance.

Project/Activity:

Massachusetts Department of Housing and Community Development (DHCD), Boston, MA. The DHCD requested an exception to the 25 percent cap on the number of units in a building that can have PBA attached to permit it to attach PBA to 15 units at the Earle Street project.

Nature of Requirement:

Section II subpart F of the initial guidance requires that unless waived, 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, Headquarters is authorizing implementation of this aspect of the law on a case-by-case basis.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 17, 2005.

Reason Waived:

Approval of an exception to the unit cap was granted based on the nature of the services families would receive. The services families will receive focus on obtaining and retaining financial and medical benefits, behavior assessments, transportation, and eviction prevention.

Contact:

Dr. Alfred C. Jurison, Director, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4210, Washington, DC 20410-5000, telephone (202) 708-0477.

•

Regulation:

24 CFR 982.505(c)(3).

Project/Activity:

Housing Authority of Christian County (HACC), Pana, IL. The HACC requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 15, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the HACC to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

Room 4210, Washington, DC 20410-5000, telephone (202) 708-0477.

•

Regulation:

24 CFR 982.505(c)(3).

Project/Activity:

Providence Housing Authority (PHA), Providence, RI. The PHA requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 15, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the PHA to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

•

Regulation:

24 CFR 982.505(c)(3).

Project/Activity:

Housing Authority of the City of Martinsburg (HACM), Martinsburg, WV. The HACM requested a waiver of payment standard (PS) requirements to permit it to implement reduced PSs earlier than required to avoid termination of housing assistance payments (HAP) contracts during calendar year 2005 due to insufficient funding.

Nature of Requirement:

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

August 15, 2005.

Reason Waived:

The waiver was granted because this cost-saving measure would enable the HACM to both manage its Housing Choice Voucher program within allocated budget authority and avoid the termination of HAP contracts due to insufficient funding.

Contact:

•

Regulation:

24 CFR 983.51(a), (b) and (c) and 983.7(f)(2)(ii), Section II subpart E of the January 16, 2001,

Federal Register

notice, Revisions to PHA Project-Based Assistance (PBA) Program; Initial Guidance, and 24 CFR 983.203(a)(3).

Project/Activity:

Peoria Housing Authority (PHA), Peoria, IL. The PHA requested a waiver of the competitive selection requirements, an exception to the deconcentration requirements and a waiver of waiting list requirements to permit it to attach PBA to six units in the second phase of River West South, a HOPE VI project.

Nature of Requirement:

Sections 983.51(a), (b) and (c) and 983.7(f)(2)(ii) require that the public housing agency (PHA) adopt a written policy establishing competitive procedures for selection of owner proposals and, if the PHA submits a proposal for units it owns, the HUD field office makes the selection in accordance with the PHA's unit selection policy. 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. The regulation at 24 CFR 983.203(a)(2) states that if a PHA opts to have a separate PBA waiting list, it may use a single waiting list for all PBA projects or may use a separate PBA waiting list for an area not smaller than a county or municipality.

Granted by:

Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing.

Date Granted:

July 15, 2005.

Reason Waived:

Competitive selection of owner proposals was waived since the project, with the Peoria Housing Authority as developer, was competitively selected by the Department to receive a HOPE VI grant to redevelop the former Warner Homes and the surrounding area. An exception to the deconcentration requirements was granted since there will be a decrease of 174 assisted units in the census tract. A waiver of the waiting list requirements was approved since Section 8(o)(13)(J) of the U.S. Housing Act of 1937 as amended, allows, subject to a PHA's waiting list policies and selection preferences, the maintenance of separate waiting lists for PBA structures as long as all families on the PHA's waiting list for both tenant-based assistance and PBA can place their names on any of the separate PBA waiting lists. The PBA program proposed rule published in the

Federal Register

on March 18, 2004, addressed the implementation of this aspect of the law by allowing PHAs to use separate waiting lists for PBA units.

Contact:

Dr. Alfred Jurison, Director, Housing Voucher Management and Operations Division, Office of Publ

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