take approximately 45 minutes. The
selection of survey participants will
differ across the four states. When
possible, a random assignment research
design will be implemented and
households that are determined eligible
for AHPP but do not receive an AHPP

unit will form the control group.
Otherwise, surveys will be conducted
with a random sample of AHPP
participants.

Estimation of the total number of
hours needed to prepare the information
collection, including the number of
respondents, frequency of response, and
hours of response:

unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

Kathy Ezzell, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 7262, Washington,
DC 20410; telephone (202) 708–1234;
TTY number for the hearing- and
speech-impaired (202) 708–2565, (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.

No. 88–2503–0G (D. D.C.), HUD
publishes a Notice, on a weekly basis,
identifying unutilized, underutilized,
excess and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist

the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.

Notice of Regulatory Waiver Requests
Granted for the Fourth Quarter of
Calendar Year 2007

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

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

this notice is to comply with the
requirements of section 106 of the HUD
Reform Act. This notice contains a list
of regulatory waivers granted by HUD
during the period beginning on October
1, 2007 and ending on December 31,
2007.

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

For information concerning a
particular waiver that was granted and
for which public notice is provided in
this document, contact the person
whose name and address follow the
description of the waiver granted in the
accompanying list of waivers that have
been granted in the fourth quarter of
calendar year 2007.

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

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

e. State how additional information
about a particular waiver may be
obtained.

Section 106 of the HUD Reform Act
also contains requirements applicable to
waivers of HUD handbook provisions
that are not relevant to the purpose of
this notice.

This notice follows procedures
provided in HUD’s Statement of Policy
on Waiver of Regulations and Directives
issued on April 22, 1991 (56 FR 16337).
In accordance with those procedures
and with the requirements of section
106 of the HUD Reform Act, waivers of
regulations are granted by the Assistant
Secretary with jurisdiction over the
regulations for which a waiver was
requested. In those cases in which a
General Deputy Assistant Secretary
granted the waiver, the General Deputy
Assistant Secretary was serving in the
absence of the Assistant Secretary in
accordance with the office’s Order of
Succession.

This notice covers waivers of
regulations granted by HUD from
October 1, 2007 through December 31,
2007. For ease of reference, the waivers
granted by HUD are listed by HUD
program office (for example, the Office
of Community Planning and
Development, the Office of Fair Housing
and Equal Opportunity, the Office of
Housing, and the Office of Public and
Indian Housing, etc.). Within each
program office grouping, the waivers are
listed sequentially by the regulatory
section of title 24 of the Code of Federal
Regulations (CFR) that is being waived.
For example, a waiver of a provision in
24 CFR part 58 would be listed before
a waiver of a provision in 24 CFR part
570.

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

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

Should HUD receive additional
information about waivers granted
during the period covered by this report
(the fourth quarter of calendar year
2007) before the next report is published
(the first quarter of calendar year 2008),
HUD will include any additional
waivers granted for the fourth quarter in
the next report.

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

Appendix—Listing of Waivers of
Regulatory Requirements Granted by
Offices of the Department of Housing
and Urban Development October 1,
2007 through December 31, 2007

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.

I. Regulatory waivers granted by the
Office of Community Planning and
Development.

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.

Department of Housing and Community
Affairs (TDHCA) requested waivers of
the HOME Program regulations
established at 24 CFR 92.2 and
92.254(b)(2) regarding the definition of
reconstruction and the principal
residence requirement to facilitate the
reconstruction of affordable housing
following the devastation caused by
Hurricane Rita.

of the HOME regulations defines
reconstruction, in part, as the
rebuilding, on the same lot, of housing
standing on a site at the time of project
commitment. Section 92.254(b)(2) of the
HOME regulations states that housing
owned by an income-eligible individual
qualifies as affordable housing only if
the housing is the principal residence of
the owner at the time HOME funds are
committed to the project.

caused serve damage to numerous
homes in Texas. Some homes were
partially or completely moved from
their foundations. Many units were
rendered unfit for habitation and their
occupants were forced to seek

temporary housing alternatives.
Consequently, many homeowners
affected by the disaster were not
occupying their homes as a principal
residence at the time of the commitment
of HOME funds to their units. In
addition, in some cases, the housing
was destroyed and not standing on the
site at the time of the commitment of
HOME funds. It was determined that
requiring the State to adhere to the
reconstruction definition and principal
residence requirements, at§ 92.2 and

create a significant hardship for the
communities and income-eligible
homeowners in need of assistance in
areas impacted by Hurricane Rita.

Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 7154, Washington, DC 20410–
7000, telephone (202) 708–2470.

Clackamas, Oregon, requested a waiver
of the affordability period for Newell
Creek Apartments. The project became
uninhabitable due to earth movement
and the falling away of soil at the site
caused by severe and prolonged rainfall.
The PJ would have been required to
repay $528,000 of HOME funds because
the project failed to meet the
affordability period required for new
construction of rental housing.

92.252(e) of the HOME regulations
establishes a 20-year affordability period
for new construction of rental housing.

developer exercised due diligence by
developing a viable restoration plan that
included refinancing the existing debt,
reconfiguring the project by
demolishing several buildings and
rehabilitating other units. However, the
plan was rejected by the project’s
primary lender, which subsequently
foreclosed.

Affordable Housing Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 7154, Washington, DC 20410–
7000, telephone (202) 708–2470.

Charles, Louisiana requested a waiver of
its HOME commitment deadline to
facilitate its continued recovery from
the devastation caused by Hurricanes

Katrina and Rita. The City is located
within a declared disaster area pursuant
to Title IV of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act. Corresponding
requirements in the Cranston-Gonzalez
National Affordable Housing Act (the
Act) must be suspended under the
authority of section 290 of the Act.

92.500(d)(1)(B) of the HOME regulations
requires that a participating jurisdiction
(PJ) commit its annual allocation of
HOME funds within 24 months after
HUD notifies the PJ that HUD has
executed the jurisdiction’s HOME
Investment Partnership Agreement.

that the waiver would facilitate the
continued recovery of the City of Lake
Charles from the devastation caused by
Hurricane Katrina and Hurricane Rita by
waiving the FY 2005 HOME
commitment requirement.

Affordable Housing Programs, Office of
Community and Planning Development,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 7154, Washington, DC 20410–
7000, telephone (202) 708–2470.

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.

Forest Hills, Forest Hills, Pennsylvania,
FHA Project Number 033–43110. The
prior owner’s representative requested
waiver of the requirement to submit an
Annual Financial Statement for the
period ending December 31, 2007 for
the property since the financial
reporting period would be for only four
days.

of HUD’s regulations provides guidance
for uniform financial reporting
standards for public housing agencies,
Section 8 project-based housing
assistance or tenant-based housing
assistance payments programs, owners
of housing assisted under any section 8
Certificate and Voucher programs,
owners of multifamily projects receiving
direct or indirect assistance from HUD,
or with mortgages insured, coinsured or
held by HUD, HUD approved Title I and
Title II non-supervised lenders, non-
supervised mortgagees and loan

correspondents. The financial
information must be prepared in
accordance with Generally Accepted
Accounting Principles, submitted
electronically to HUD through the
internet or HUD designated format
annually, no later than 60 days after the
end of the fiscal year of the reporting
period and in certain instances, 90 days
after the end of the reporting period.

granted because the amount of financial
information for submission would be
both time intensive and cost prohibitive
for the new owner. This property
changed ownership as a result of a
Transfer of Physical Assets (TPA). The
seller of a TPA transaction is required
to file an Annual Financial Statement
(AFS). Since the reporting period was
only four days (January 1 through
January 4, 2007) and the seller filed an
AFS for the period ending December 31,
2006, the waiver was granted. All
subsequent filings are not exempt.

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) 708–3730.

for extension of waiver of the
restrictions prohibiting placement of
FHA-mortgage insurance on property
acquired, and subsequently resold in 90
days or less in certain disaster areas
designated by the Federal Emergency
Management Agency (FEMA) in the
States of Alabama, Louisiana, and
Mississippi, stemming from Hurricanes
Katrina, Rita and Wilma.

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

recognizes that safe and adequate
housing is a major factor in the
restoration and stabilization of
communities following a natural
disaster. Investors and developers are
playing a major role in the recovery of
the housing stock in the FEMA
designated disaster areas. The extension
was granted in recognition that recovery

in the impacted areas has been slow and
there remained a significant number of
dwellings that were severely damaged
and need to be rehabilitated. Many
displaced residents are waiting for
restoration of these dwellings to return
to the region.

Program and Policy Specialist, Office of
Single Family Program Development,
Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 9266,
Washington, DC 20410–8000, telephone
(202) 708–2121.

Apartments, Elizabeth, New Jersey—
FHA Project Number 031–55014. This
project requested a waiver of the
regulations to allow for the re-
amortization and extension of maturity
for the flexible subsidy loan on the
subject property.

219.220(b) of HUD’s regulations 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.

granted because the project was
experiencing financial difficulty and in
need of physical repairs. It was
determined that granting the waiver
would allow the project to forbear
repayment of the Flexible Subsidy
Operating Assistance Loan in
conjunction with the refinancing of the
project through the Section 223(a)(7)
program. Further, it would allow the
property to make critical and non-
critical repairs at the property as well as
extend the affordability for the
residents. The owner agreed to execute
a Use Agreement extending affordability
for 20 years beyond the date of the
original maturity or the term of the new
amortization, whichever is longer. All
surplus cash is to be applied to the
existing flexible subisdy debt helping
preserve the affordability of this project.

Office of Asset Management, Office of
Housing, Department of Housing and
Urban Development, 451 Seventh Street,