Federal Register: December 31, 2009 (Volume 74, Number 250)

DOCID: fr31de09-88 FR Doc E9-30881

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Veterans Affairs Department

Docket ID: [Docket No. FR-5324-N-03]

NOTICE: Part III

DOCID: fr31de09-88

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2009

DOCUMENT 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, 2009 and ending on September 30, 2009.

SUMMARY:

Housing and Urban Development Department

SUPPLEMENTAL 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), as revised and updated by the notice issued on December 17, 2008 (73 FR 76674). In accordance with those procedures and with the requirements of section 106 of the HUD Reform Act, waivers of regulations are granted by the Assistant Secretary with jurisdiction over the regulations for which a waiver was requested. In those cases in which a General Deputy Assistant Secretary granted the waiver, the General Deputy Assistant Secretary was serving in the absence of the Assistant Secretary in accordance with the office's Order of Succession.

This notice covers waivers of regulations granted by HUD from July 1, 2009 through September 30, 2009. For ease of reference, the waivers granted by HUD are listed by HUD program office (for example, the Office of Community Planning and Development, the Office of Fair Housing and Equal Opportunity, the Office of Housing, and the Office of Public and Indian Housing, etc.). Within each program office grouping, the waivers are listed sequentially by the regulatory section of title 24 of the Code of Federal Regulations (CFR) that is being waived. For example, a waiver of a provision in 24 CFR part 58 would be listed before a waiver of a provision in 24 CFR part 570.

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

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

Should HUD receive additional information about waivers granted during the period covered by this report (the third quarter of calendar year 2009) before the next report is published (the fourth quarter of calendar year 2009), HUD will include any additional waivers granted for the second 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: December 23, 2009.
Helen R. Kanovsky,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2009 Through September 30, 2009

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

The regulatory waivers granted appear in the following order: I. Regulatory waivers granted by the Office of Community Planning and Development
II. Regulatory waivers granted by the Office of Housing
III. Regulatory waivers granted by the Office of Public and Indian Housing
I. Regulatory Waivers Granted by the Office of Community Planning and Development

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

  • Regulation: 24 CFR 92.500 (d)(1)(C).

    Project/Activity: The City of Port Arthur, Texas requested a waiver of its June 30, 2009, deadline for expending more than $31,000 of HOME Investment Partnerships program funds. Disruptions caused by hurricanes Rita and Ike caused delays in committing and expending HOME funds.

    Nature of Requirement: The HOME regulations at 24 CFR 92.500(d)(1)(C) require that a participating jurisdiction (PJ) expend its annual allocation of HOME funds within five years after HUD notifies the PJ that HUD has
    [[Page 69469]]
    executed the jurisdiction's HOME Investment Partnerships Agreement.

    Granted By: Mercedes M. M[aacute]rquez, Assistant Secretary for Community Planning and Development.

    Date Granted: September 25, 2009.

    Reason Waived: The waiver of the City's FY 2004 HOME expenditure deadline ensures that funds necessary for recovery from two major disasters are not deobligated.

    Contact: Ms. Virginia Sardone, Deputy Director, Office of Affordable Housing Programs, Office of Community and Urban Development, Office of Housing and Urban Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7164, Washington, DC 204107000, telephone number (202) 7082470.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the City of Jamestown, New York, requested a waiver of the application deadline.

    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides that each eligible HPRP grantee must ensure that its complete application is postmarked no later than May 18, 2009, in order to receive funding.

    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary for Community and Planning Development.

    Date Granted: June 25, 2009.

    Reason Waived: HUD approved the waiver because an extension of the application deadline would enable the City of Jamestown to fully develop an HPRP program by involving the local Continuum of Care partners through the Chautauqua County Homeless Coalition and providing adequate notice and opportunity for citizen participation in finalizing the Substantial Amendment.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the City of Columbia, South Carolina, requested a waiver of the application deadline.

    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides that each eligible HPRP grantee must ensure that its complete application is postmarked no later than May 18, 2009, in order to receive funding.

    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary for Community Planning Development.

    Date Granted: June 25, 2009.

    Reason Waived: Due to a recent reorganization of the City's Community Development Department, the City was unable to submit a Substantial Amendment to its 2008 Consolidated Action Plan by May 18, 2009, deadline. HUD approved this waiver because the need for the waiver was due to an unavoidable administrative barrier. The City hand delivered its Amendment to the local Field Office on May 19, 2009.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the State of South Dakota, requested a waiver of the application deadline.

    Nature of Requirement: Section IV.E.3 of the HPRP Notice provides that each eligible HPRP grantee must ensure that its complete application is postmarked no later than May 18, 2009, in order to receive funding.

    Granted By: Mercedes Marquez, Assistant Secretary of Community Planning and Development.

    Date Granted: July 27, 2009.

    Reason Waived: HUD presented additional clarifications on the HPRP program during the time the State held its public comment period for its Substantial Amendment. In response to HUD clarifications, the State initiated modifications to its Substantial Amendment and invited public comments on its modified Amendment. The State requested an extension of the submission deadline in order to fully develop the HPRP program in light of HUD's clarifications and to provide adequate notice and opportunity for citizen participation in finalizing the Substantial Amendment. HUD granted the requested waiver upon this showing of good cause.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the City of Portland, Oregon requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to a local public housing authority (PHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: July 27, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure PHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing the PHA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the PHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing [[Page 69470]]
    Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Mobile, Alabama requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to a local public housing authority (PHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: July 28, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the City of Saginaw, Michigan, requested a waiver of the resubmission deadline.

    Nature of Requirement: Section IV.F.2 of the HPRP Notice provides that each eligible HPRP grantee may revise and resubmit an application that HUD has disapproved within 15 days of the date that it was notified of the disapproval.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: July 28, 2009.

    Reason Waived: On June 18, 2009, HUD disapproved the City's submission of the Substantial Amendment to the Consolidated Plan 2008 Action Plan for HPRP because it was not responsive to one question. The revision was due on July 3, 2009, but the City indicated that the mayor is the authorized representative for the application and was unavailable to sign the grantee's revised Substantial Amendment for HPRP by the due date of July 3, 2009. The city submitted its revision on July 8, 2009. HUD approved this waiver because the need for the waiver was due to an unavoidable administrative barrier.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, County of Riverside, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to a local public housing authority (PHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: July 28, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure PHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing the PHA as a subgrantee will result in an efficient and effective program that benefit HPRP participants; and (3) the PHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, County of Los Angeles, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Los Angeles Homeless Services Authority (LAHSA).

    Nature of Requirement: Subsections III.B. and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 6, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will continue to be selected in a fair process; (2) utilizing LAHSA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) LAHSA has the capacity to implement an HMIS to serve homeless families.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Oceanside, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Housing Authority of the City of Oceanside.

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government. [[Page 69471]]

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 6, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Los Angeles, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Los Angeles Homeless Services Authority (LAHSA) and the Housing Authority of the City of Los Angeles (HACLA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Nelson R. Bregon, General Deputy Assistant Secretary for Community Planning and Development.

    Date Granted: August 6, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure HACLA residents are not unfairly selected over other eligible individuals and families; (2) utilizing LAHSA and HACLA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) LAHSA and HACLA have proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Riverside, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Housing Authority of the County of Riverside (HACR).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 6, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure HACR residents are not unfairly selected over other eligible individuals and families; (2) utilizing the HACR as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) HACR has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, County of San Diego, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Housing Authority of the County of San Diego.

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 6, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, County of Sonoma, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to Sonoma County Housing Authority (SCHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that Metropolitan Cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 11, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure SCHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing SCHA as a subgrantee will result in an efficient and effective
    [[Page 69472]]
    program that benefits HPRP participants; and (3) SCHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Boise, Idaho requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Boise City/Ada County Housing Authority (BC/ACHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provide that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 11, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure BC/ACHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing BC/ACHA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) BC/ACHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Compton, California requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Compton Housing Authority.

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community and Planning Development.

    Date Granted: August 11, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Jackson, Mississippi requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Jackson Housing Authority.

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community and Planning Development.

    Date Granted: August 11, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the Town of Union, New York, requested a waiver of the resubmission deadline.

    Nature of Requirement: Section IV.F.2 of the HPRP Notice provides that each eligible HPRP grantee may revise and resubmit an application that HUD has disapproved within 15 days of the date that it was notified of the disapproval.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 12, 2009.

    Reason Waived: The Town of Union requested an additional 15 days to submit a new application meeting HUD's program requirements. HUD determined that there was good cause for waiving the 15day resubmission deadline based on the following: The Town of Union submitted a Substantial Amendment by the May 18, 2009, application submission deadline, which proposed using all HPRP funds to purchase furnaces for lowincome elderly homeowners. On May 14, 2009, the Town of Union also requested a waiver of any prohibition on funding this kind of activity. On July 2, 2009, HUD wrote to the Town of Union indicating that its request for a waiver of the eligible activities under the Notice was still under review. On July 9, 2009, the Town of Union requested an additional 15 days to resubmit an approvable application containing eligible activities should HUD both disapprove its application and deny its waiver request. On July 14, 2009, HUD: (1) Disapproved the HPRP application based upon the ineligibility of the proposed funding of furnaces for elderly
    [[Page 69473]]
    people; and (b) denied the request for a waiver of the Notice's eligible activity standards to permit the funding of furnaces for elderly persons. The timing of HUD's application disapproval and the denial of the waiver request came too late for the Town of Union to effectively revise and resubmit a new HPRP application within the remaining time available under the original 15day resubmission period.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, City of Lima, Ohio requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Allen Metropolitan Housing Authority (AMHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 20, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure AMHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing AMHA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) AMHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, County of McHenry, Illinois requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the McHenry County Housing Authority (MCHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 20, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure MCHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing MCHA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) MCHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, Cumberland County, requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Housing Authority of Cumberland County, Pennsylvania.

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: August 24, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure Housing Authority residents are not unfairly selected over other eligible individuals and families; (2) utilizing the Housing Authority as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) the Housing Authority has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the State of Arizona, Arizona Department of Housing (ADOH), requested a waiver in order to retain and use HPRP funds for administering the Homeless Management Information System (HMIS) as required by the Recovery Act.

    Nature of Requirement: Subsection III.A of the HPRP Notice provides that a State grantee must make available all of its formula allocation, except for an appropriate share of funds for administrative costs, to units of general local government and private nonprofit organizations in the State to carry out all eligible activities.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: September 8, 2009.

    Reason Waived: The State provided sufficient information for HUD to grant the waiver on the basis of the following: (1) the HMIS is already in place; (2) the HMIS is administered by ADOH; and (3) the alternative proposal of utilizing a fee structure to administer HMIS and meet the requirements in the Recovery Act would impose additional administrative burdens for the State.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community
    [[Page 69474]]
    Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Kentucky Housing Corporation (KHC), acting on behalf of the Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the State of Kentucky, requested a waiver in order to retain and use HPRP funds for administering the Homeless Management Information System (HMIS) as required by the Recovery Act.

    Nature of Requirement: Subsection III.A of the HPRP Notice provides that a State grantee must make available all of its formula allocation, except for an appropriate share of funds for administrative costs, to units of general local government and private nonprofit organizations in the State to carry out all eligible activities.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: September 8, 2009.

    Reason Waived: KHC provided sufficient information for HUD to grant the waiver on the basis of the following: (1) The HMIS is already in place; (2) the HMIS is administered by KHC; and (3) the alternative proposal of utilizing a fee structure to administer HMIS and meet the requirements in the Recovery Act would impose additional administrative burdens for KHC.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number 2027084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, Horry County, South Carolina, requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Conway Housing Authority (CHA) and the Myrtle Beach Housing Authority (MBHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning Development.

    Date Granted: September 8, 2009.

    Reason Waived: The County provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure CHA and MBHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing the CHA and MBHA as subgrantees will result in an efficient and effective program that benefits HPRP participants; and (3) CHA and MBHA have proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.

  • Regulation: Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid ReHousing Program Grantees under the American Recovery and Reinvestment Act of 2009 (Recovery Act), issued March 19, 2009 (HPRP Notice).

    Project/Activity: Homelessness Prevention and Rapid ReHousing Program (HPRP) grantee, the City of Tacoma, Washington requested a waiver of the limitation on eligible subgrantees in order to subgrant HPRP funds to the Pierce County Housing Authority (PCHA).

    Nature of Requirement: Subsections III.B and III.C of the HPRP Notice provides that metropolitan cities, urban counties, and territories may distribute all or part of their grant amounts to private nonprofit organizations or another local government.

    Granted By: Mercedes Marquez, Assistant Secretary for Community Planning and Development.

    Date Granted: September 30, 2009.

    Reason Waived: The City provided sufficient information for HUD to grant the waiver on the basis of the following: (1) HPRP participants will be selected in a manner that will ensure PCHA residents are not unfairly selected over other eligible individuals and families; (2) utilizing the PCHA as a subgrantee will result in an efficient and effective program that benefits HPRP participants; and (3) PCHA has proven capacity to serve homeless persons.

    Contact: Ann M. Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 204107000, telephone number (202) 7084300.
    II. Regulatory Waivers Granted by the Office of HousingFederal 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 203.37a.

    Project/Activity: Property Flipping, Atlanta, GA.

    Nature of the Requirement: FHA's property flipping regulation restricts the eligibility for FHA mortgage insurance, for those properties purchased and resold within 90 days. The regulation exempts government entities and nonprofits approved to purchase HUD real estate owned (REO) properties; however, the restriction still exists for private entities and especially those working on behalf of local governments under the Neighborhood Stabilization Program. The waiver request is to exempt a private entity working on behalf of a local government for the Neighborhood Stabilization Program.

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 14, 2009.

    Reason Waived: The regulation was waived to allow for purchase and resale of REO properties within 90 days under the Neighborhood Stabilization Program, which furthers the purposes of this program which is designed to stabilize neighborhoods through the purchase of abandoned and foreclosed homes.

    Contact Person(s): Ralph Jackson, Real Estate Owned Division, Atlanta Homeownership Center, Office of Housing, Department of Housing and Urban Development, 40 Marietta Street, Atlanta, GA 30303, telephone (678) 7322153. Kevin Shearer, Field Review Branch 1, Atlanta Homeownership Center, Office of Housing, Department of Housing and Urban Development, 40 Marietta Street, Atlanta, GA 30303, telephone (678) 7322161.

  • Regulation: 24 CFR 203.43f.

    Project/Activity: Federal Emergency Management Agency (FEMA) [[Page 69475]]

    designated Flood Hazard Areas in the State of Louisiana.

    Nature of the Requirement: The National Flood Insurance Program (NFIP) installation requirements for manufactured homes and the flood hazard regulations for one and two single family dwellings are less onerous than the flood hazard regulations for manufactured homes found at 24 CFR 203.43f, which specify that the finished grade beneath the manufactured home must be at or above the 100 year return frequency flood elevation. Extending the waiver to 24 CFR 203.43f permits manufactured homes that are located in FEMA designated flood hazard areas to be in compliance with the less onerous NFIP requirements and serves to assist in the reconstruction of homes impacted by Hurricane Katrina in the State of Louisiana.

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 11, 2009.

    Reason Waived: Extending the waiver to 24 CFR 203.43f permits manufactured homes that are located in FEMA designated flood hazard areas to be in compliance with the less onerous NFIP requirements and serves to assist in the reconstruction/replacement of homes impacted by Hurricane Katrina in the State of Louisiana with an affordable housing type.

    Contact: Joanne Kuczma, Director, Office of Single Family Program Development, Home Mortgage Insurance Division, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW. Washington, DC 204108000, telephone 2024022137.

  • Regulation: 24 CFR 206.32(a).

    Project/Activity: The waiver is applicable to certain borrowers in the State of Maine under FHA's Home Equity Conversion Mortgage (HECM) Program.

    Nature of Requirement: FHA's regulation 24 CFR 206.23(a) require that there be no outstanding or unpaid obligations, incurred by the HECM mortgagor, in connection with the HECM transaction. The borrowers obtained a negotiated short payoff on their forward mortgage from their existing lender, CitiFinancial. They are seeking HECM financing which will be used to satisfy their existing mortgage and outstanding judgments. The HECM lender, American Home Bank, worked with Maine Stream Finance, a Community Development Financial Institution, in order for the homeowners to obtain subordinate financing, enabling them to satisfy certain financial obligations, and, in turn, close the HECM transaction and save their home from foreclosure.

    Granted By: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 10, 2009.

    Reason Waived: The regulation was waived to prevent the borrowers from losing their home through foreclosure.

    Contact: Kathy Hardy, Home Valuation Policy Division, Office of Single Family Program Development, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9241, Washington, DC 204108000, telephone (202) 7082121.

  • Regulation: 24 CFR 219.220(b)(1995), 24 CFR Part 219.320(1995) and 24 CFR 219.335(a) (1995).

    Project/Activity: Lakeview Towers, Chicago, IllinoisFHA Project Number 07110021/07135743. The property has 500 units comprised of two 25story high rise towers. The property is in need of rehabilitation to continue as a wellmaintained source of affordable housing.

    Nature of Requirement: Section 219.220(b) (1995) of FHA's regulations, which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996, states: ``Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of these actions would typically terminate FHA involvement with the property, and the Flexible Subsidy loan would be repaid, in whole, at that time.''

    Section 219.320 (1995) of FHA's regulation entitled ``Loan terms and conditions'' will continue to govern the rights and obligations of housing owners, tenants and [HUD] with respect to units and projects assisted under the Flexible Subsidy Program * * *'' The regulation applies to capital improvement loans made pursuant to Section 201(k) of the Housing and Community Development Amendments of 1978.

    Section 219.335(a) (1995) of FHA's regulation entitled ``Operations'' provides that interest on the capital improvement loan starts to accrue and the loan amortization period begins when the loan proceeds have been spent.

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 24, 2009.

    Reason Waived: This regulatory waiver was granted to preserve this much needed affordable housing. The owners of Lakeview Towers proposed to extend the term for repayment of the Flexible Subsidy loans for 3 years to match the term of the new section 241(a) loan and make capital improvements to the property. These waivers were allowed because, without them, the owner would not have had the necessary funds to perform needed fa[ccedil]ade repairs and rehabilitation of a portion of the kitchen and bathrooms in the property. Providing these waivers allowed the owner to obtain financing to perform substantial rehabilitation of the property and allow the amortization of the flexible subsidy loan with the new section 241(a) loan.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.

  • Regulation: 24 FR 290.30(a).

    Project/Activity: Park Lee Apartments, Phoenix, ArizonaFHA Project Number 12335418. This insured loan went into default and was assigned to HUD. Waiver of this regulation allowed the City of Phoenix to purchase this defaulted, unsubsidized mortgage loan on a noncompetitive basis.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 7, 2009.

    Reason Waived: This regulation was waived in order to allow the sale of Park Lee Apartments to the City of Phoenix, thereby preventing foreclosure of the property. The city plans to become the managing member of the current owner entity and work with it to infuse funds to complete rehabilitation, thus making the property an asset to the community and preserving its affordability.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.
    [[Page 69476]]

  • Regulation: 24 CFR 290.30(a).

    Project/Activity: Washington Manor Apartments, Memphis, Tennessee FHA Project Number 08135245. This was an unsubsidized project which went into default and was assigned to HUD. The City of Memphis had expressed interest in purchasing the mortgage and alleviating impending foreclosure proceedings.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 7, 2009.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of Washington Manor Apartments to the City of Memphis, thereby preventing foreclosure of the property. Waiver of this requirement would preserve this much needed low income housing resource and reduce the number of loans in the HUDHeld mortgage inventory.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.

  • Regulation: 24 CFR 290.30(a).

    Project/Activity: Phyllis Wheatley Apartments, Washington, DCFHA Project Number 00035418. This property went into default and was part of the HUDHeld inventory. The District of Columbia DHCD had expressed an interest in purchasing the property. Waiver of this regulation allowed the sale of this delinquent, unsubsidized mortgage to the District of Columbia.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 7, 2009.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of Phyllis Wheatley Apartments to the District of Columbia and prevent foreclosure of the property. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury and assure that the Phyllis Wheatley facility is transformed into a viable and productive housing facility for eligible occupants in the District of Columbia.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.

  • Regulation: 24 CFR 290.30(a) and 24 CFR 290.35(b)(2).

    Project/Activity: John C. Cannon House Apartments, Seattle, Washington. This property went into default and was part of the HUD Held inventory. The City of Seattle had expressed an interest in purchasing the property. Waiver of this regulation allowed the sale of this delinquent, unsubsidized mortgage to the City of Seattle.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Section 290.35(b)(2) governs the sale of delinquent mortgages securing subsidized projects, ``(1) However, delinquent mortgages will not be sold if: (1) HUD believes that foreclosure is unavoidable; and (2) the project securing the mortgage is occupied by very lowincome tenants who are not receiving housing assistance and would be likely to pay rent in excess of 30 percent of their adjusted monthly income if HUD sold the mortgage.''

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 24, 2009.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of John C. Cannon House Apartments to the City of Seattle. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury, reduce the number of notes in the HUDHeld mortgage inventory and prevent the loss of assisted living units for families that might take place if a profitmotivated investor were to buy the note and foreclose.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.

  • Regulation: 24 CFR 290.30(a) and 24 CFR 290.33.

    Project/Activity: Grove Parc Apartments, Chicago, IllinoisFHA Project Number 07111091. This property went into default and was part of the HUDHeld inventory. The City of Chicago had expressed an interest in purchasing the property. Waiver of this regulation allowed the sale of this delinquent, unsubsidized mortgage to the City of Chicago.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Section 290.33 governs the sale of delinquent mortgages securing subsidized projects, only if (a) the mortgages are restructured, and (b) either FHA mortgage insurance or equivalent protections are provided.

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 18, 2009.

    Reason Waived: This regulation was waived for Grove Parc Apartments, in order to allow its noncompetitive sale with a restructured, FHAinsured mortgage or with an instrument with equivalent protections provided to the City of Chicago. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury, reduce the number of notes in the HUDHeld mortgage inventory and prevent the loss of assisted living units for families that might take place if a profitmotivated
    [[Page 69477]]

    investor were to buy the note and foreclose.

    Contact: Howard D. Mayfield, Deputy Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 6160, Washington, DC 20410 8000, telephone (202) 7083730.

  • Regulation: 24 CFR 290.30(a) and 24 CFR 290.35(b)(2).

    Project/Activity: John C. Cannon House Apartments, Seattle, Washington. This property went into default and was part of the HUD Held inventory. The City of Seattle had expressed an interest in purchasing the property. Waiver of this regulation allowed the sale of this delinquent, unsubsidized mortgage to the City of Seattle.

    Nature of Requirement: FHA's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to State or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Section 290.35(b)(2) governs the sale of delinquent mortgages securing subsidized projects, ``(1) However, delinquent mortgages will not be sold if: (1) HUD believes that foreclosure is unavoidable; and (2) the project securing the mortgage is occupied by very lowincome tenants who are not receiving housing assistance and would be likely to pay rent in excess of 30 percent of their adjusted monthly income if HUD sold the mortgage.''

    Granted by: David H. Stevens, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 24, 2009.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of John C. Cannon House Apartments to the City of Seattle. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury, reduce the number of notes in the HUDHeld mortgage inventory and prevent the loss of assisted living units for families that might take place if a profitmotivated investor were to b

    FOR FURTHER INFORMATION CONTACT

    For general information about this notice, contact Camille E. Acevedo, Associate General Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street, SW., Room 10282, Washington, DC 204100500, telephone 2027081793 (this is not a toll free number). Persons with hearing or speechimpairments may access this number through TTY by calling the tollfree Federal Information Relay Service at 8008778339.

    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 2009.