[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Notices]
[Pages 4427-4442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1584]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary
[Docket No. N-95-3038; FR-2736-N-14]


Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public notice of the granting of regulatory waivers.

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SUMMARY: Under Section 106 of the Department of Housing and Urban 
Development Reform Act of 1989 (Reform Act), the Department is required 
to make public all approval actions taken on waivers of regulations. 
This Notice provides notification of waivers granted during the period 
from October 26, 1993 to June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
For general information about this Notice, contact Camille E. Acevedo, 
Assistant General Counsel for Regulations, Room 10276, Department of 
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 
20410; (202) 708-2084; (TDD) (202) 708-3259. (These are not toll-free 
numbers.) For information concerning a particular waiver action, 
contact the person whose name and address is set out for the particular 
item in the accompanying list of waiver-grant actions.

SUPPLEMENTARY INFORMATION: Section 106 of the Reform Act amended 
Section 7 of the Department of Housing and Urban Development Act (42 
U.S.C. 3535(q)(3)) to provide:
    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 rank 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 the Department 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;
    e. State how additional information about a particular waiver grant 
action may be obtained.
    Today's document notifies the public of HUD's waiver-grant activity 
from October 26, 1993 to June 30, 1994. The next Notice, which will be 
published in the near future, will cover the period from July 1, 1994 
through September 30, 1994.
    For ease of reference, waiver requests granted by departmental 
officials authorized to grant waivers are listed in a sequence keyed to 
the section number of the HUD regulation involved in the waiver action. 
For example, a waiver-grant action involving exercise of authority 
under 24 CFR 24.200 (involving the waiver of a provision in part 24) 
would come early in the sequence, while waivers in the Section 8 and 
Section 202 programs (24 CFR Chapter VIII) would be among the last 
matters listed. 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 in Title 24 that 
is being waived as part of the waiver-grant action. (For example, a 
waiver of both Sec. 811.105(b) and Sec. 811.107(a) would appear 
sequentially in the listing under Sec. 811.105(b).) Waiver-grant 
actions involving the same initial regulatory citation are in time 
sequence beginning with the earliest-dated waiver-grant action.
    Should the Department receive additional reports of waiver actions 
taken during the period covered by this report before the next report 
is published, the next updated report will include these earlier 
actions.
    Accordingly, information about approved waiver requests pertaining 
to regulations of the Department is provided in the Appendix to this 
Notice.

    Dated: December 9, 1994.
Henry G. Cisneros,
Secretary.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Officers of 
the Department of Housing and Urban Development

October 26, 1993 through June 30, 1994
    Note to the reader: The person to be contacted for additional 
information about the waiver grant items in this listing is: Robert J. 
Coyle, Director, Title I Insurance Division, Department of Housing and 
Urban Development, 490 L'Enfant Plaza East, Suite 3214, Washington, DC 
20024, Telephone 202-755-7400.
1. Regulation: 24 CFR 201.20(a)(3)
    Project/Activity: Title I property improvement loans for the repair 
of damage resulting from the January 1994 earthquake which impacted Los 
Angeles, Ventura and Orange Counties in California.
    Nature of Requirement: For any property improvement loan (or 
combination of such loans) in excess of $15,000, the borrower must have 
equity in the property at least equal to the loan amount.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 7, 1994.
    Reason Waived: The equity requirement makes it extremely difficult 
for earthquake victims to qualify for loans over $15,000, due to the 
general loss in property values that occurs following a disaster of 
this magnitude, as well as the problems in obtaining a valid appraisal 
of any property that has sustained major earthquake damage. Waiver of 
the equity requirement makes it possible for greater numbers of 
earthquake victims to use the Title I property improvement loan program 
and greatly expedites loan processing.
2. Regulation: 24 CFR 201.20(b)(3)
    Project/Activity: Title I property improvement loans for the repair 
of damage resulting from the January 1994 earthquake which impacted Los 
Angeles, Ventura and Orange Counties in California. [[Page 4428]] 
    Nature of Requirement: The proceeds of a property improvement loan 
may be used only for improvements that are started after loan approval.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: February 7, 1994.
    Reason Waived: This provision has previously been waived in 
emergency situations, to allow borrowers to begin work prior to final 
loan approval. A waiver in this case allows borrowers to make emergency 
repairs to their properties; however, the lender has to document the 
loan file giving the reasons why it was necessary to begin work before 
final loan approval.
3. Regulation: 24 CFR 201.25(c)
    Project/Activity: Title I property improvement loans for the repair 
of damage resulting from the January 1994 earthquake which impacted Los 
Angeles, Ventura and Orange Counties in California.
    Nature of Requirement: The Title I regulations list certain fees 
and charges which the lender normally collects from the borrower in 
cash as part of the borrower's initial payment on a property 
improvement loan. These fees and charges may not be financed or 
advanced by any party to the loan transaction.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: February 7, 1994.
    Reason Waived: This waiver permits the following fees and charges 
to be financed in the Title I loan, as long as the maximum loan limits 
are not exceeded: (a) A loan origination fee, not to exceed one percent 
of the loan amount; and (b) recording fees, recording taxes, filing 
fees and documentary stamp taxes. Financing these fees and charges 
reduces the initial cash investment required to obtain these loans.
4. Regulation: 24 CFR 201.54(b)(1)
    Project/Activity: Title I property improvement loans for the repair 
of damage resulting from the January 1994 earthquake which impacted Los 
Angeles, Ventura and Orange Counties in California.
    Nature of Requirement: The Title I regulations provide that 
insurance claims on property improvement loans must be filed with the 
Department within nine months after the date of default.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 7, 1994.
    Reason Waived: This waiver permits claims to be filed up to twelve 
months after the date of default. However, the lender has to document 
the loan file to show that the borrowers experienced a loss of income 
or other financial difficulties directly attributable to the 
earthquake, and that additional time to provide forbearance was 
required.
5. Regulation: 24 CFR 201.20(b)(3)
    Project/Activity: Title I property improvement loan to provide 
accessibility for handicapped low-income homeowners.
    Nature of Requirement: The proceeds of a property improvement loan 
may be used only for improvements that are started after loan approval.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 22, 1994.
    Reason Waived: This provision has previously been waived in 
emergency situations, to allow borrowers to begin work prior to final 
loan approval. A waiver was granted in this case to allow the borrowers 
to proceed with the construction of an access ramp and special bathroom 
railings, so that the home could be occupied as soon as possible after 
acquisition.

    Note to reader: The person to be contacted for additional 
information about the waiver-grant items in this listing is: Olive 
Walker, Chief, Directives, Reports and Forms Branch, Office of Housing, 
Management Division, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410, Telephone (202) 708-1694.
6. Regulation: 24 CFR 207.259(e)
    Project/Activity: Batavia, New York HA refunding of bonds which 
financed a Section 8 assisted project, the Washington Towers Apartments 
(FHA No. 014-35047).
    Nature of Requirement: The Regulations set conditions under which 
HUD may call debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 5, 1994.
    Reasons Waived: This credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on February 18, 1994. 
Refunding bonds have been priced to an average yield of 6.43%. The tax-
exempt refunding bond issue of $4,850,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 9.2% at the call date with tax-exempt bonds yielding 6.43%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 9.5% to 7.25, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
7. Regulation: 24 CFR 207.259(e)
    Project/Activity: Community Redevelopment Agency of the City of Los 
Angeles refunding of bonds which financed eight Section 8 assisted 
projects (list attached).
    Nature of Requirement: The Regulation authorizes call of FHA 
debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 6, 1994.
    Reason Waived: To credit enhance refunding bonds not fully secured 
by the FHA mortgage amounts, HUD agrees not to exercise its option 
under 24 CFR 207.259(e) to call debentures prior to maturity. This 
refunding proposal was approved by HUD on November 18, 1993. Refunding 
bonds have been priced to an average yield of 6.42%. The tax-exempt 
refunding bond issue of $20,600,000 at current low-interest rates will 
save Section 8 subsidy. The Treasury also gains long-term tax revenue 
benefits through replacement of outstanding tax-exempt coupons at an 
average yield of 10.65% at the call date with tax-exempt bonds yielding 
6.42%. The refunding will also substantially reduce the FHA mortgage 
interest rate at expiration of the HAP contracts, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.

    Note to the reader: The person to be contacted for additional 
information about this waiver-grant item is: Kevin J. East, Office of 
Multifamily Housing Programs, U.S. Department of Housing and Urban 
Development, 451 Seventh [[Page 4429]] Street, SW., Room 6106, 
Washington, DC 20410-7000, Phone: (202) 708-2495.
8. Regulation: 24 CFR 248.105(a)(2)
    Project/Activity: Rip Van Winkle Apartments Project No. 013-44014.
    Nature of Requirement: Regulation prohibits participation in 
LIHPRHA of 1990 if HUD-held mortgage defaults after date of enactment.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 25, 1994.
    Reason Waived: The project, whose mortgage had been assigned to HUD 
prior to the enactment of LIHPRHA, had stayed current in its mortgage 
payments, once the mortgage had been brought current, prior to 
LIHPRHA's enactment. On three occasions after LIHPRHA's enactment, the 
mortgage payment was made more than 30 days after the due date, 
creating a default under the Deed of Trust. The regulation, 
implementing section 212(c) of LIHPRHA, prohibits projects which have 
HUD-held mortgages which default after LIHPRHA's enactment from 
participating in LIHPRHA. The regulation reflects an administrative 
interpretation of statute which sought to keep HUD-held mortgages, once 
current, fully current by providing LIHPRHA eligibility as motivation 
for keeping the mortgage payments current.
    The regulation was not intended to capture ``minute'' or momentary 
defaults, in this instance three in the space of three years, mostly 
attributable to clerical errors on site in the timely processing of 
Section 8 HAP payment vouchers. It was intended to capture owners who 
simply stop making payments on HUD-held mortgages for one reason or 
another. In this case each payment was made within seven days of the 30 
day deadline. A literal application of the regulation in this instance 
was considered harsh and unnecessarily punitive.
    As a result of granting the waiver, the housing will be preserved 
as a low-income housing resource for at least 30 years after the 
mortgage and its existing restrictions expire.

    Note to reader: The person to be contacted for additional 
information about waiver-grant item in this listing is: Ms. Linda 
Cheatham, Director, Office of Insured Multifamily Housing Development, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 6134, Washington, DC 20410-7000, Phone: (202) 708-3000, TDD: (202) 
708-4594.
9. Regulation: Notice of Invitation for Applications Accompanying 
Interim Rule 24 CFR part 266 and Sec. 266.105(b)(1)
    Project/Activity: Metropolitan Dade County Housing Finance 
Authority, Dade County, Florida.
    Nature of Requirement: Delay in remitting application fee for 
review of the Dade County Housing Finance Agency (HFA) under the HRA 
Risk Sharing program. Internal process for requesting funds from 
surplus account takes approximately 8 weeks.
    Granted by: Linda D. Cheatham.
    Reason Waived: The Dade County, Florida could not provide the 
$10,000 application fee with the application. At the time, they needed 
the approval from the Board of Directors and the County commissioners 
which normally takes up to 8 weeks. They would be able to make the wire 
transfer of $10,000 no later than March 31, 1994. We will grant a 
waiver to permit them to complete this transaction by March 31, 1994.
10. Regulation: 24 CFR 266.105(b)(11) and Notice of Invitation for 
Application Accompanying Interim Rule 24 CFR Part 266
    Project/Activity: Texas Department of Housing and Community 
Affairs.
    Nature of Requirement: State Law prohibits the Texas Department of 
Housing and Community Affairs from putting public funds into a private 
financial institution as required by the Part 266 for HFA Risk-Sharing 
regulations.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 31, 1994.
    Reason Waived: State law prohibits the Texas Department of Housing 
Community Affairs from putting public funds into a private financial 
institution as required by the Section 542(c) regulations. This Agency 
is required to deposit all revenues and funds with the Texas Treasury 
Safekeeping Trust Company, which was created by the State. This Company 
is not governed by the Comptroller of the currency, FDIC or the Federal 
Reserve Board nor is its debt rated by Moody's or Standard and Poor's. 
Their authority does permit them to name HUD as joint owner of the 
dedicated reserve account allowing HUD the right to approve withdrawals 
as required in the regulation. We will waive the requirements on the 
condition that HUD can be named as joint owner of the account and has 
the right to approve withdrawals.
11. Regulation: 24 CFR 266.10(d)
    Project/Activity: Fairfax County Housing and Redevelopment 
Authority.
    Nature of Requirement: The Fairfax County Housing and Redevelopment 
Authority has requested permission to operate as a State Housing 
Finance Agency.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 31, 1994.
    Reason Waived: The Fairfax County Housing and Redevelopment 
Authority has requested that they be allowed to operate as a State 
Housing Finance Agency. They also requested that they be allocated the 
maximum amount of units for the State, as if the State Agency applied 
for program participation. Section 36 of the Virginia State Code 
establishes the Fairfax County Housing and Redevelopment Authority as a 
political subdivision of the Commonwealth of Virginia. In that capacity 
they have cooperation agreements with other jurisdictions, administer 
programs, disperse grant funds and finance projects outside Fairfax 
County. The Fairfax County Housing and Redevelopment Authority has the 
authority to act on behalf of the State as outlined in Section 36 of 
the State code. We have granted a waiver to permit the Fairfax County 
Housing and Redevelopment Authority to function in the capacity of a 
State Finance housing Agency.
12. Regulation: 24 CFR 266.15(b)(5)(viii)
    Project/Activity: New York City Housing Development Corporation.
    Nature of Requirement: Section 266.15(5)(viii) requires the Agency 
to maintain Lender's Fidelity Bond/Surety Bond and Errors and Omissions 
Insurance.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 16, 1994.
    Reason Waived: New York City Housing Development corporation 
requested a waiver to Sec. 266.15(f)(b)(viii) requiring the Agency to 
maintain Lender's Fidelity Bond/Surety Bond and Errors and Omissions 
Insurance in such an amount as satisfactory to the Commissioner. We 
will grant a waiver to this regulation because this Agency is self-
insured, which meets the requirement for insurance.
13. Regulation: 24 CFR 811.106(d) and 811.107(d) of 1977 Regulations
    Project/Activity: Refunding on behalf of the Housing Authority of 
Memphis of bonds which financed an uninsured [[Page 4430]] Section 8 
assisted project: Northlake Apartments, HUD Project Number TN40-0002-
001.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
FHA Commissioner.
    Date Granted: April 14, 1994.
    Reason Waived: The part 811 regulations cited above prohibited 
refundings and required that excess reserve balances be used for 
project purposes. The issuer has requested HUD permission to refund 
outstanding bonds at 7.88 percent and release excess reserve balances 
from the 1978 Trust Indenture to help pay transaction costs. Issuance 
of the 1994 Bonds at a yield of 5.9 percent will reduce Section 8 
assistance payments and provide allocation of 50 percent of such 
savings to the Housing Authority for project purposes pursuant to 
Section 1012 of the McKinney Act.
14. Regulation: 24 CFR 811.106(b), 811.106(d), and 811.107(d) of 1977 
Regulations.
    Project/Activity: Kinston, North Carolina HA refunding of bonds 
which financed an insured Section 8 assisted project: Kinston Towers, 
FHA Number 053-94015.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
FHA Commissioner.
    Date Granted: April 29, 1994.
    Reason Waived: The part 811 regulations cited above restricted to 
30 years HAP Contracts for elderly housing, prohibited refundings, and 
required that excess reserve balances be used for project purposes. The 
issuer has requested HUD permission to release excess reserve balances 
from the 1977 Trust Indenture and the Project Residual Receipts Account 
for use in its housing assistance programs for low- and moderate-income 
families. Issuance of 1994 refunding bonds under Section 103 of the Tax 
Code will not reduce project debt service nor generate Section 8 
savings. The 1994 Bonds will prepay a Section 223(f) coinsured mortgage 
which defeased the 1977 Bonds in 1986.
15. Regulation: 24 CFR 811.106(d) and 811.107(d) of 1977 Regulations
    Project/Activity: Hickory, North Carolina HA refunding of bonds 
which financed an uninsured Section 8 assisted project: West Hickory 
Apartments, HAP Number NC19-0011-060.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
FHA Commissioner.
    Date Granted: April 29, 1994.
    Reason Waived: The part 811 regulations cited above prohibited 
refundings and required that excess reserve balances be used for 
project purposes. The issuer has requested HUD permission to release 
excess reserve balances from the 1978 Trust Indenture to finance 
rehabilitation of the project. The 1978 Bonds will be prepaid by a bank 
loan on terms which will reduce project debt service and Section 8 
contract rents.
16. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3), 
811.114(b)(3) 811.114(d), 811.115(b)
    Project/Activity: Briarwick (Kokomo, IN) HDC refunding of bonds 
which financed a Section 8 assisted project, the Briarwick Apartments 
(FHA No. 073-35396).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: April 14, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on March 22, 1994. 
Refunding bonds have been priced to an average yield of 7.1%. The tax-
exempt refunding bond issue of $3,640,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 10%-10.25% at the call date with tax-exempt bonds yielding 7.1%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 10.23% to 7.7%, thus reducing 
FHA mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
17. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Fremont, North Carolina HDC refunding of bonds 
which financed a Section 8 assisted project, the Torhunta Apartments 
(FHA No. 053-35429).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: April 21, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on February 9, 1993. 
Refunding bonds have been priced to an average yield of 6.74%. The tax-
exempt refunding bond issue of $1,385,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 11.5% at the call date with tax-exempt bonds yielding 6.74%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 11.48% to 6.8%, thus reducing 
FHA mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for 
[[Page 4431]] low-income families after subsidies expire, a priority 
HUD objective.
18. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Salisbury, North Carolina Housing Corporation of 
bonds which financed a Section 8 assisted project, the Yadkin Senior 
Citizens Apartments (FHA No. 053-35296).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: April 26, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on September 2, 1993. 
Refunding bonds have been priced to an average yield of 6.74%. The tax-
exempt refunding bond issue of $2,190,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 9% at the call date with tax-exempt bonds yielding 6.74%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 9% to 7.4%, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
19. Regulation: 24 CFR 811.107(a)(2), 811.108(b)(3), 811.107(b), 
811.108(b)(4), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Odessa, Texas HDC refunding of bonds which 
financed a Section 8 assisted uninsured project, the Chaparral Village 
Apartments, HAP No. TX16-0018-005.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: April 28, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. This refunding proposal was approved by HUD on 
December 27, 1993. Refunding bonds have been priced to an average yield 
of 6.375%. The tax-exempt refunding bond issue of $1,850,000 at current 
low-interest rates will save Section 8 subsidy. The Treasury also gains 
long-term tax revenue benefits through replacement of outstanding tax-
exempt coupons benefits through replacement of outstanding tax-exempt 
coupons of 10.25%-12% at the call date with tax-exempt bonds yielding 
6.375%. The refunding serves the important public purposes of reducing 
HUD's Section 8 program costs, improving Treasury tax revenues (helping 
reduce the budget deficit), and increasing the likeihood that projects 
will continue to provide housing for low-income families after 
subsidies expire, a priority HUD objective.
20. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3), 
811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Warren, Ohio HA refunding of bonds which financed 
a Section 8 assisted project, the Walnut Towers Apartments (FHA No. 
046-35568).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Dated Granted: May 16, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on February 24, 1994. 
Refunding bonds have been priced to an average yield of 6.86%. The tax-
exempt refunding bond issue of $4,600,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 10.5% at the call date with tax-exempt bonds at lower current 
yields. The refunding will also substantially reduce the FHA mortgage 
interest rate at expiration of the HAP contract, from 10.5% to 7.25%, 
thus reducing FHA mortgage insurance risk. The refunding serves the 
important public purposes of reducing HUD's Section 8 program costs, 
improving Treasury tax revenues (helping reduce the budget deficit), 
and increasing the likelihood that projects will continue to provide 
housing for low-income families after subsidies expire, a priority HUD 
objective.
21. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Villa Excelsior HDC refunding of bonds which 
financed a Section 8 assisted project in Providence, Rhode Island, the 
Villa Excelsior Apartments (FHA No. 016-35074).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicholas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 18, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on April 20, 1994. 
Refunding bonds have been priced to an average yield of 6.79%. The tax-
exempt refunding bond issue of $3,565,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 11.25% at the call date with tax-exempt bonds at lower current 
yields. The refunding will also substantially reduce the FHA mortgage 
interest rate at expiration of the HAP contract, from 11.51% to 7.2%, 
thus reducing FHA mortgage insurance risk. The refunding serves the 
important public purposes of reducing HUD's Section 8 program costs, 
improving Treasury tax revenues (helping reduce [[Page 4432]] the 
budget deficit), and increasing the likelihood that projects will 
continue to provide housing for low-income families after subsidies 
expire, a priority HUD objective.
22. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Charlotte, North Carolina HDC refunding of bonds 
which financed a Section 8 assisted project, the Vantage 78 Apartments 
(FHA No. 053-35283).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicholas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 26, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on January 25, 1994. 
Refunding bonds have been priced to an average yield of 6.94%. The tax-
exempt refunding bond issue of $3,255,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 7.8% at the call date with tax-exempt bonds at lower yields. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 7.55% to 6.55%, thus reducing 
FHA mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
23. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3), 
811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Town of Bremen, Indiana refunding of bonds which 
financed a Section 8 assisted project, the Bremen Village Apartments 
(FHA No. 073-35457).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicholas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 27, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on May 18, 1994. Refunding 
bonds have been priced to an average yield of 7.0%. The tax-exempt 
refunding bond issue of $1,340,000 at current low-interest rates will 
save Section 8 subsidy. The Treasury also gains long-term tax revenue 
benefits through replacement of outstanding tax-exempt coupons of 12% 
at the call date with tax-exempt bonds at lower yields. The refunding 
will also substantially reduce the FHA mortgage interest rate at 
expiration of the HAP contract, from 12% to 8.1%, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
24. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(2), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Lancaster, Pennsylvania HFC refunding of bonds 
which financed a Section 8 assisted project, the Lancaster Apartments 
(FHA No. 073-35201).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicholas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 10, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on May 20, 1994. Refunding 
bonds have been priced to an average yield of 6.8%. The tax-exempt 
refunding bond issue of $1,625,000 at current low-interest rates will 
save Section 8 subsidy. The Treasury also gains long-term tax revenue 
benefits through replacement of outstanding tax-exempt coupons of 
11.75% at the call date with tax-exempt bonds yielding 6.8%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 12% to 8.3%, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
25. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Dawson Manor HDC refunding of bonds which 
financed a Section 8 assisted project, the Dawson Manor Apartments (FHA 
No. 072-35085).
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicholas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 10, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on April 28, 1994. 
Refunding bonds have been priced to an average yield of 6.46%. The tax-
exempt refunding bond issue of $3,185,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through [[Page 4433]] replacement of outstanding tax-
exempt coupons of 10\1/4\%-13% at the call date with tax-exempt bonds 
yielding 6.46%. The refunding will also substantially reduce the FHA 
mortgage interest rate at expiration of the HAP contract, from 11.52% 
to 6.9%, thus reducing FHA mortgage insurance risk. The refunding 
serves the important public purposes of reducing HUD's Section 8 
program costs, improving Treasury tax revenues (helping reduce the 
budget deficit), and increasing the likelihood that projects will 
continue to provide housing for low-income families after subsidies 
expire, a priority HUD objective.
26. Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(2), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b)
    Project/Activity: Warren (Ohio) Metropolitan Housing Authority 
refunding of bonds which financed a Section 8 assisted project, the 
Cambridge Arms II Apartments, FHA No. 046-35572.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 28, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions. To credit enhance refunding bonds not fully 
secured by the FHA mortgage amount, HUD also agrees not to exercise its 
option under 24 CFR 207.259(e) to call debentures prior to maturity. 
This refunding proposal was approved by HUD on January 11, 1994. 
Refunding bonds have been priced to an average yield of 6.56%. The tax-
exempt refunding bond issue of $4,340,000 at current low-interest rates 
will save Section 8 subsidy. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt coupons 
of 9.9% at the call date with tax-exempt bonds yielding 6.56%. The 
refunding will also substantially reduce the FHA mortgage interest rate 
at expiration of the HAP contract, from 10.125% to 6.75%, thus reducing 
FHA mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving Treasury 
tax revenues (helping reduce the budget deficit), and increasing the 
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
27. Regulation: 24 CFR 811.114(d), 811.115(b), 811.117
    Project/Activity: Carbon County, PA HA refunding of bonds which 
financed a Section 8 assisted project, Palmerton Elderly Apartments, 
HUD No. PA26-0047-001.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 21, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions under Section 103 of the Tax Code. This 
refunding proposal was approved by HUD on March 25, 1993. Refunding 
bonds have been priced to an average yield of 5.74%. The tax-exempt 
refunding bond issue of $2,470,000 at current low-interest rates will 
save Section 8 subsidy. The Treasury also gains long-term tax revenue 
benefits through replacement of outstanding tax-exempt coupons of 9%-
9.5% at the call date with tax-exempt bonds yielding 5.74%. The 
refunding serves the important public purposes of reducing HUD's 
Section 8 program costs, improving Treasury tax revenues (helping 
reduce the budget deficit), and increasing the likelihood that projects 
will continue to provide housing for lower-income families after 
subsidies expire, a priority HUD objective.
28. Regulation: 24 CFR 811.114(d), 811.115(b), and 811.117
    Project/Activity: Burlington, North Carolina HA refunding of bonds 
which financed a Section 8 assisted project, Alamance Plaza Apartments, 
FHA No. 053-35319.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 08, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions under Section 103 of the Tax Code. To credit 
enhance refunding bonds not fully secured by the FHA mortgage amount, 
HUD also agrees not to exercise its option under 24 CFR 207.259(e) to 
call debentures prior to maturity. This refunding proposal was approved 
by HUD on September 23, 1993. Refunding bonds have been priced to an 
average yield of 6.8%. The tax-exempt refunding bond issue of 
$2,795,000 at current low-interest rates will save Section 8 subsidy. 
The Treasury also gains long-term tax revenue benefits through 
replacement of outstanding tax-exempt coupons of 10.8%-11.5% at the 
call date in 1994 with tax-exempt bonds yielding 6.8%. The refunding 
will also substantially reduce the mortgage interest rate at expiration 
of the HAP contract from 12% to 7%, thus reducing FHA mortgage 
insurance risk. The refunding serves the important public purposes of 
reducing HUD's Section 8 program costs, improving Treasury tax revenues 
(helping reduce the budget deficit), and increasing the likelihood that 
projects will continue to provide housing for lower-income families 
after subsidies expire, a priority HUD objective.
29. Regulation: 24 CFR 811.114(d), 811.115(b), 811.117
    Project/Activity: The Housing Finance Authority of Dade County, 
Florida refunding of bonds which financed a Section 8 assisted project, 
Lincoln Fields Apartments, FHA No. 066-35161.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation and authorize call 
of debentures prior to maturity.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 28, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding transactions under Section 103 of the Tax Code. To credit 
enhance refunding bonds not fully secured by the FHA mortgage amount, 
HUD also agrees not to exercise its option under 24 CFR 207.259(e) to 
call debentures prior to maturity. This refunding proposal was approved 
by HUD on February 9, 1993. Refunding bonds have been priced to an 
average yield of 6.29%. The tax-exempt refunding bond issue of 
$6,700,000 at current low-interest rates will save Section 8 subsidy. 
The Treasury also gains long-term tax revenue benefits through 
replacement of outstanding tax-exempt coupons of 10.25%-11.25% at 
[[Page 4434]] the call date in 1994 with tax-exempt bonds at a 
substantially lower interest rate. The refunding will also 
substantially reduce the FHA mortgage interest rate at expiration of 
the HAP contract, from 11.78% to 6.75%, thus reducing FHA mortgage 
insurance risk, and will provide funds of $435,000 for project repairs. 
The refunding serves the important public purposes of reducing HUD's 
Section 8 program costs, improving Treasury tax revenues (helping 
reduce the budget deficit), and increasing the likelihood that projects 
will continue to provide housing for lower-income families after 
subsidies expire, a priority HUD objective.
30. Regulation: 24 CFR 811.114(d)
    Project/Activity: Cranbrook HC of Ann Arbor, Michigan refunding of 
bonds which financed a Section 8 assisted project, the Cranbrook 
Apartments, HUD No. MI-28-0013-032.
    Nature of Requirement: The Regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing revenue bonds from Federal income taxation.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 29, 1994.
    Reasons Waived: The part 811 regulations cited above were intended 
for original bond financing transactions and do not fit the terms of 
refunding bonds to be issued as taxable obligations. Refunding bonds 
will be issued in an amount sufficient to transfer ownership of the 
project to a non-profit entity which agrees to extend low-income 
occupancy for ten years after expiration of the Section 8 Housing 
Assistance Payments Contract. The Treasury also gains long-term tax 
revenue benefits through replacement of outstanding tax-exempt bonds 
with taxable debt. The refunding serves the important public purposes 
of improving Treasury tax revenues (helping reduce the budget deficit), 
and increasing the likelihood that projects will continue to provide 
housing for low-income families after subsidies expire, a priority HUD 
objective.

    Note to Readers: The person to be contacted for additional 
information about the waiver-grant items in this listing is: Mr. 
William O. Maynard, Field Coordination Officer, U.S. Department of 
Housing and Urban Development, Office of Community Planning and 
Development, 451 7th Street, SW, Washington, DC 20410-7000, Telephone: 
(202) 708-2565 (This is not a toll-free number).
31. Regulation: 24 CFR 570.200(a)(3)
    Project/activity: Waiver of requirements that 70 percent of funds, 
over a period not to exceed three years, are for activities that 
benefit low and moderate income persons at 42 U.S.C. 5304(b)(3)(A) and 
24 CFR 570.200(a)(3) for CDBG entitlement grantees receiving funding 
under the Emergency Supplemental Appropriations Act of 1994 (Pub. L. 
103-211) for emergency expenses resulting from the January 1994 
earthquake in Southern California or the Midwest floods of 1993.
    Nature of Requirement: 24 CFR 570.200(a)(3) requires that, over a 
period not to exceed three years, 70 percent of the aggregate of CDBG 
expenditures be for activities meeting the criteria at 24 CFR 
570.208(a) of benefiting low- and moderate-income persons.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Dated Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: Because the damage to community development and 
housing was so extensive, without regard to income, it is important to 
give grantees maximum flexibility to carry out activities within the 
confines of the CDBG program national objectives. The Department does 
not intend to waive the requirements that activities meet one of the 
national objectives at 42 U.S.C. 5304(b)(3) and 24 CFR 570.200(a)(2).
32. Regulation: 24 CFR 570.200(a)(5) and (h)
    Project/Activity: Waiver of restrictions on the use of CDBG funds 
to reimburse local funds used to pay for pre-agreement costs at 24 CFR 
570.200(a)(5) and (h), for the CDBG Entitlement program, from the 
incident date of the earthquake, January 17, 1994, and from the 
beginning of the ``Incident Period'' for the Midwest floods, for costs 
incurred on or after that date, for CDBG entitlement grantees receiving 
funding under the Emergency Supplemental Appropriations Act of 1994 
(Pub. L. 103-211) for emergency expenses resulting from the January 
1994 earthquake in Southern California or the Midwest floods of 1993.
    Nature of Requirement: 24 CFR 570.200(h) permits reimbursement of 
certain eligible costs incurred prior to the date of the grant 
agreement. 24 CFR 570.200(a)(5) limits pre-agreement costs to those 
described in subparagraph 570.200(h), e.g., for environmental 
assessments, planning and capacity building, engineering and design 
costs, pre-acquisition costs.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: The urgency of the need to begin recovery may 
require that grantees spend local funds on CDBG eligible activities 
before the CDBG funds are awarded. Waiver of these provisions would 
permit reimbursement of local funds used from the date of the 
earthquake and the Midwest floods.
33. Regulation: 24 CFR 570.201(e)(1) or (2)
    Project/Activity: Waiver of the limitation on the amount of funds 
used for public services at 42 USC 5305(a)(8) and 24 CFR 570.201(e)(1) 
or (2), as applicable to the affected grantee, to hereby modify those 
provisions to allow an increase of 10 percent above the previous 
limitation, for CDBG entitlement grantees receiving funding under the 
Emergency Supplemental Appropriations Act of 1994 (Pub. L. 103-211) for 
emergency expenses resulting from the January 1994 earthquake in 
Southern California or the Midwest floods of 1993.
    Nature of Requirement: 24 CFR 570.201(e)(1) and (2) set the 
limitations for use of CDBG funds for public services at 15 percent of 
each grant plus program income or a higher percentage, in the case of 
Los Angeles and Los Angeles County, as provided in the 1982 and 1983 
appropriations acts.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: Disaster response may require additional level of 
public services and public services not previously provided by grantees 
during emergency and recovery periods, e.g., day care, housing 
counseling, legal services, health services, safety services.
34. Regulation: 24 CFR 570.204(c)(1)
    Project/Activity: Waiver of requirements at 24 CFR 570.204(c)91) 
for the CDBG entitlement program, as necessary, to authorize a 
Community Housing Development Organization (CHDO), as defined at 24 CFR 
92.2, that has been designated to receive HOME Investment Partnership 
funds to carry out activities under 24 CFR 570.204(a), for CDBG 
entitlement grantees receiving funding under the Emergency Supplemental 
Appropriations Act of 1994 (Pub. L. 103-211) for emergency expenses 
resulting from the January 1994 earthquake in Southern California or 
the Midwest floods of 1993. [[Page 4435]] 
    Nature of Requirement: 24 CFR 570.204(c)(1) provides the 
requirements for qualifying as a ``neighborhood-based nonprofit 
organization.''
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: This waiver provides consistency between the CDBG 
and HOME programs with regard to nonprofit organizations, and 
recognizes such CHDOs as qualified special subrecipients under 
Sec. 570.204(c)(1), eligible to carry out new construction of housing 
where needed to revitalize neighborhoods damaged by the earthquake and 
the Midwest floods.
35. Regulation: 24 CFR 570.207(a)(1)
    Project/Activity: Waiver of restrictions on the repair or 
reconstruction of buildings used for the general conduct of government 
at 42 USC 5305 (a)(2) and (a)(14), and 24 CFR 570.207(a)(1) for CDBG 
entitlement grantees receiving funding under the Emergency Supplemental 
Appropriations Act of 1994 (Pub. L. 103-211) for emergency expenses 
resulting from the January 1994 earthquake in Southern California or 
the Midwest floods of 1993.
    Nature of Requirement: 24 CFR 570.207(a)(1) prohibits providing 
CDBG assistance to activities for buildings, or portions thereof, used 
for the general conduct of government.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: Waiver is required because of the significant 
damage to public buildings.
36. Regulation: 24 CFR 570.207(b)(3)
    Project/Activity: Waiver of prohibitions on new housing 
construction at 24 CFR 570.207(b)(3) for the CDBG entitlement program, 
for CDBG entitlement grantees receiving funding under the Emergency 
Supplemental Appropriations Act of 1994 (Pub. L. 103-211) for emergency 
expenses resulting from the January 1994 earthquake in Southern 
California or the Midwest floods of 1993.
    Nature of Requirement: Prohibits use of funds for new housing 
construction except for assisted housing under section 17 of the United 
States Housing Act of 1937, housing constructed by a special 
subrecipient, pursuant to Sec. 570.204(a), and last resort housing 
under the Uniform Relocation Act pursuant to 24 CFR Part 42.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: Because of the large number of housing units 
destroyed in the Midwest floods and the Northridge earthquake, the 
flexibility to permit grantees to directly provide new construction 
assistance is essential in furthering the purposes of disaster 
recovery.
37. Regulation: 24 CFR 570.208(a)(4)
    Project/Activity: Waiver of job retention documentation 
requirements for CDBG entitlement grantees receiving funding under the 
Emergency Supplemental Appropriations Act of 1994 (Pub. L. 103-211) for 
emergency expenses resulting from the January 1994 earthquake in 
Southern California or the Midwest floods of 1993.
    Nature of Requirement: The provisions at 24 CFR 570.208(a)(4), for 
the CDBG Entitlement program that units of general local government are 
required, for job retention activities, to document that either or both 
of the following conditions apply to at least 51 percent of the jobs at 
the time CDBG assistance is provided: (1) The jobs are known to be held 
by low or moderate income persons, or (2) the jobs can be expected to 
turn over within two years and be filled by or made available to low or 
moderate income persons upon turnover. Instead, units of local 
governments will be able to presume that the majority of jobs retained 
as a result of the CDBG funds meet one or both of these conditions. 
Only the portions of these provisions pertaining to job retention are 
being waived.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: From the high estimates of businesses and jobs 
lost, it is clear that large numbers of persons will have been out of 
work and experiencing severe financial hardship. The majority of jobs 
retained as a result of CDBG assistance can therefore be presumed to 
benefit persons who are, or will soon become, low or moderate-income 
persons due to job loss.
38. Regulation: 24 CFR 570.208(b)
    Project/Activity: Waiver of requirements not mandated by statute at 
24 CFR 570.208(b) that qualify activities as aiding in the prevention 
or elimination of slums or blight for CDBG entitlement grantees 
receiving funding under the Emergency Supplemental Appropriations Act 
of 1994 (Pub. L. 103-211) for emergency expenses resulting from the 
January 1994 earthquake in Southern California.
    Nature of Requirement: 24 CFR 570.208(b) provides the criteria for 
activities that will be considered to aid in the prevention or 
elimination of slums or blight on an area basis, on a spot basis, and 
in an urban renewal area.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994.
    Reasons Waived: This waiver provides the grantee the latitude to 
address slum and blighted areas effected by the earthquake.
39. Regulation: 24 CFR 570.606(c)(1)
    Project/Activity: Waiver of one-for-one replacement requirements at 
42 USC 5304(d)(2) and 24 CFR 570.606(c)(1) for low and moderate income 
dwelling units (1) damaged by the disaster, (2) for which CDBG funds 
are used for demolition, and (3) which are not suitable for 
rehabilitation, for CDBG entitlement grantees receiving funding under 
the Emergency Supplemental Appropriations Act of 1994 (Pub. L. 103-211) 
for emergency expenses resulting from the January 1994 earthquake in 
Southern California or the Midwest floods of 1993.
    Nature of Requirement: 24 CFR 570.606(c)(1) requires that all 
occupied and vacant occupiable low/moderate income dwelling units that 
are demolished or converted to a use other than as low/moderate income 
dwelling units in connection with a CDBG activity must be replaced with 
low/moderate income dwelling units.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 1, 1994; April 22, 1994.
    Reasons Waived: Not waiving this provision would discourage 
grantees from demolition and clearance of dwelling units that would 
otherwise be appropriate for CDBG assistance. Such inaction would 
inhibit recovery efforts and add to health and safety problems.
40. Regulation: 24 CFR 570.606(C)(2)
    Project/Activity: Waiver of requirement to provide ``section 
104(d)'' relocation assistance to the owners of real property purchased 
under a qualified buyout program, as defined in section 4(b) of Pub. L. 
103-181, for CDBG entitlement grantees receiving funding under the 
Emergency Supplemental Appropriations Act of 1994 (Pub. L. 103-211) for 
emergency [[Page 4436]] expenses resulting from the Midwest floods of 
1993.
    Nature of Requirement: 24 CFR 570.606(C)(2) requires grantees to 
provide relocation assistance under section 104(d) of the Housing and 
Community Development Act of 1974, as amended, to all persons displaced 
as a result of demolition or conversion in connection with a CDBG-
assisted activity.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: April 22, 1994.
    Reasons Waived: On December 3, 1993, the President signed the 
Hazard Mitigation and Relocation Assistance Act of 1993 (Pub. L. 103-
181). Section 4 of that Act excluded the purchase of real property 
under a ``qualified buyout program'' from all provisions of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 Pub. L. 91-646)(URA). Only voluntary transactions are permitted 
under qualified buyout programs. This waiver of 104(d) relocation 
assistance to owners is consistent with Pub. L. 103-181. Low- and 
moderate-income tenants displaced by conversion or demolition in 
connection with an assisted project will continue to be eligible for 
section 104(c) relocation assistance.

    Note to the reader: The person to be contacted for additional 
information about these waiver-grant items is: Margaret Milner, 
Director, Office of Elderly & Assisted Housing, U.S. Department of 
Housing & Urban Development, 451 7th Street, SW., Room 6130, 
Washington, DC 20410-7000, Phone: 202-708-4542.
41. Regulation: 24 CFR 842 and 243--Pet Ownership

                            Project/Activity                            
------------------------------------------------------------------------
                                                              Regional  
              Project name                  Project No.        office   
------------------------------------------------------------------------
Ecology House..........................  121-HH011         Seattle.     
------------------------------------------------------------------------

    Nature of Requirement: This Regulation provides that no owner or 
manager of federally assisted rental housing for the elderly or 
handicapped may as a condition of tenancy or otherwise, prohibit or 
prevent tenants of such housing from owning or keeping common household 
pets in their units or restrict or discriminate against persons in 
connection with admission to, or continued occupancy of such housing 
because they own common household pets.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: Waivers approved between March 1, 1994 and June 1994.
    Reason Waived: Due to the fact that this project was built 
specifically for persons with Multiple Chemical Sensitivities/
Environmental Illness where a significant number of people with this 
disability are adversely affected by animal hair, dander, and excrement 
this waiver was granted. However, this waiver did not include service 
animals since service animals are not considered pets.
42. Regulation: 24 CFR 890.215(A)(2)--Units With Three or More Bedrooms 
Be Developed To Serve Only Disabled Households of One or Two Disabled 
Parents With Children

                            Project/Activity                            
------------------------------------------------------------------------
                                                              Regional  
              Project name                  Project No.        office   
------------------------------------------------------------------------
Life Quest Hsg. Inc....................  176-HD002         Seattle.     
------------------------------------------------------------------------

    Nature of Requirement: The Regulation requires that units with 
three or more bedrooms may be developed to serve only disabled 
households of one or two disabled parents with children.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: Waivers approved between March 1, 1994 and June 1994.
    Reason Waived: Waiver granted to facilitate the development of the 
project, which has been occupied under a Property Disposition Dollar a 
Year Lease Program. This would permit unrelated individuals to remain 
in the home.
43. Regulation: 24 CFR 890.220(a)--Ineligible Amenities

                            Project/Activity                            
------------------------------------------------------------------------
                                                              Regional  
              Project name                  Project No.        office   
------------------------------------------------------------------------
Agape House............................  062-HD020         Atlanta      
Rodney Scheel House....................  075-HD009         Chicago      
N.W. AIDS Foundation...................  127-HD003         Seattle.     
------------------------------------------------------------------------

    Nature of Requirement: The Regulation cited above provides that 
projects must be modest in design. Amenities not eligible for HUD 
funding include individual unit balconies and decks, atriums, bowling 
alleys, swimming pools, saunas and jacuzzis. Dishwashers, trash 
compactors, and washers and dryers in individual units will not be 
funded in independent living facilities.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: Waivers approved between March 1, 1994 and June 1994.
    Reason Waived: These waivers were granted for this population 
because the garbage disposals and dishwashers in the individual units 
are necessary due to health considerations. These amenities will aid in 
minimizing the risk of infection for individuals whose immune systems 
are already compromised by the HIV.
44. Regulation: 24 CFR 890.230(4)(g)--Projects Located Adjacent to 
Prohibited Facilities

                            Project/Activity                            
------------------------------------------------------------------------
                                                              Regional  
              Project name                  Project No.        office   
------------------------------------------------------------------------
New York Society Deaf..................  012-HD017         New York     
Life Quest Hsg. Inc.                     176-HD002         Seattle      
------------------------------------------------------------------------

    Nature of Requirement: The Regulation states that projects may not 
be located adjacent to the following facilities, or in areas where such 
facilities are concentrated; schools or day-care centers for persons 
with disabilities, workshops, medical facilities or other housing 
primarily serving persons with disabilities.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: Waiver approved between March 1, 1994 and June 1994.
    Reason Waived: New York Society for the Deaf waiver granted because 
of the site's proximity to the sponsor's main office, availability of 
suitable City-owned property, and the availability of services and 
transportation required for the intended residents. The waiver for Life 
Quest Housing Inc. was granted to facilitate the development of the 
project, which is adjacent to an existing project for persons with 
disabilities, since it had already been occupied under the Property 
Disposition Dollar a Year Lease Program.
45. Regulation: 24 CFR 890.305(c)--Transfer of Fund Reservation From 
One Owner Corporation to Another

------------------------------------------------------------------------
                                                              Regional  
              Project name                  Project No.        office   
------------------------------------------------------------------------
Parkway Hsg. Inc.......................  063-HH004         Atlanta.     
New Outlook............................  063-HH005         Atlanta.     
------------------------------------------------------------------------

    Nature of Requirement: The Regulation provides that no part of the 
funds reserved may be transferred by [[Page 4437]] the Sponsor, except 
to the Owner caused to be formed by the Sponsor. This action must be 
accomplished prior to issuance of a Conditional Commitment.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: Waivers approved between March 1, 1994 and June 1994.
    Reason Waived: These waivers were granted due to the cost savings 
that may be realized by the development of one project rather than two. 
However, these waivers were subject to the determination that the New 
Outlook project, as amended, would not have adversely altered the 
competition for the Fiscal Year 1990 funding round.

    Note to reader: The person to be contacted for additional 
information about these waiver-grant items is: Gary Van Buskirk, 
Director, Homeownership Division, Office of Resident Initiatives, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 4112, Washington, DC 20410, Phone: (202) 708-4233. (This is not a 
toll-free number.)
46. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project Activity: Duluth, Minnesota, Redevelopment Housing 
Authority (DRHA), Turnkey III Homeownership Opportunity Programs 
Project MN-003009.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: October 26, 1993.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
47. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: Richmond, Indiana Housing Authority (HACR), 
Turnkey III Homeownership Opportunity Programs, Project IN 9-5.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: November 12, 1993.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
48. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: The Cambridge, Massachusetts Housing Authority 
(CHA), Turnkey III Homeownership Opportunity Program Project MA 3-15.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: March 10, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
49. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: Shelby, North Carolina Department of Housing 
(CSDH), Turnkey III Homeownership Opportunity Program Project NC 34-5.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: March 16, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing [[Page 4438]] Authorities 
(IHAs) and to cancel the terms of any contract with respect to 
repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
50. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: The Kankakee County, Illinois Housing Authority, 
Turnkey III Homeownership Opportunity Program Project IL 39-5.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: March 24, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
51. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: The Evansville, Indiana, Housing Authority, 
Turnkey III Homeownership Opportunity Program Project IN 16-09 
(scattered sites).
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: March 31, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
52. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: The Peoria, Illinois, Housing Authority, Turnkey 
III Homeownership Opportunity Program Project IL 3-6.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: April 1, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provisions of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
53. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: The Virgin Islands Housing Authority, Turnkey III 
Homeownership Opportunity Programs Projects VO 001013, 001014, 001025.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: May 12, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provision of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness. [[Page 4439]] 
54. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: Columbus, Ohio Metropolitan Housing Authority, 
Turnkey III Homeownership Opportunity Programs Projects OH-16-P001-011, 
017, and 022 through 027.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: May 16, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provision of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
55. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: East Grand Forks, Minnesota Redevelopment 
Authority, Turnkey III Homeownership Opportunity Programs Projects MN 
04-5002.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 8, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provision of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
56. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: Saginaw, Michigan Housing Commission, Turnkey III 
Homeownership Opportunity Programs Projects MI 06-08.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 8, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provision of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
57. Regulation: 24 CFR part 904 subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: Cuyahoga Metropolitan Housing Authority (CMHA), 
Cleveland, Ohio Turnkey III Homeownership Opportunity Programs Projects 
OH 3-5, 3-43, 3-47, 3-48, 3-49, 3-51, and 3-60 thru 3-69.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook require that upon sale of a homeownership unit that the 
monies received be remitted to HUD to reduce the capital indebtedness 
on the project. Excess Residual Receipts and or Operating Reserves are 
also to be remitted to HUD.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 8, 1994.
    Reason Waived: Project debt forgiveness was authorized by the 
provision of Section 3004 of the Housing and Community Development 
Reconciliation Amendments of 1985 (the Amendments), Pub. L. 99-272 
(April 7, 1986), which amends Section 4 of the United States Housing 
Act of 1937. The Amendments authorized the Secretary of HUD to forgive 
outstanding principal and interest on loans made by the Secretary to 
Public Housing Agencies (PHAs)/Indian Housing Authorities (IHAs) and to 
cancel the terms of any contract with respect to repayment.
    Turnkey III debt forgiveness, as authorized above, is implemented 
according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for debt 
forgiveness.
58. Regulation: 24 CFR part 904 Subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3)
    Project/Activity: East St. Louis, Illinois Housing Authority 
(ESLHA), Turnkey III Homeownership Opportunity Programs Projects IL 1-
14, 1-16, 1-18, 1-20, 1-22, 1-23, 1-24. To [[Page 4440]] permit 
conversion of selected units to low income rental status.
    Nature of Requirement: 24 CFR part 904 subpart B and the Turnkey 
III Handbook define and govern the Turnkey III Homeownership 
Opportunity Program.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 30, 1994.
    Reason Waived: The East St. Louis, Illinois requested the ability 
to convert certain housing units of the ESLHA's project numbers IL 1-
14, 1-16, 1-18, 1-20, 1-22, 1-23 and 1-24 to low rent public housing 
status. The Department of Housing and Urban Development has established 
certain criteria and procedures by which to judge the efficacy of such 
a conversion on a case by case basis. After investigation of the 
circumstances, and in an attempt to assist the ESLHA to better serve 
its low income tenants, the Department decided that granting this 
conversion was in the best interests of all concerned.
    The conversion of Turnkey III units to low income rental is 
implemented according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for this 
conversion.
59. Regulation: HOPE for Public and Indian Housing Homeownership (HOPE 
1) Program, Guidelines, Section 301(b)(1) as published on January 14, 
1992 (57 FR 1522).
    Project/Activity: To permit a HOPE 1 mini-planning grantee, the St. 
Louis, Missouri Housing Authority (SLHA) a time extension to carryout 
the activities specified in its grant agreement. This extension would 
be of benefit to the residents participating in homeownership planning 
at its South Broadway development.
    Nature of Requirement: Section 301(b)(3) of the HOPE 1 Program 
Guidelines limit a HOPE 1 mini-planning grantee to carrying out 
activities funded under its grant within eighteen (18) months of the 
effective date of the mini-planning grant agreement.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 27, 1994.
    Reason Waived: Pursuant to Section 901 of the HOPE 1 Guidelines, a 
regulatory provision that is ``not otherwise required by law'' may be 
waived by the Assistant Secretary for Public and Indian Housing upon a 
determination of good cause, and upon documentation of the pertinent 
facts and grounds supporting the waiver.
    Good cause was exhibited as follows:
    The SLHA was impeded in carrying out grant activities due to the 
1993 flood of the Mississippi River. This disaster interrupted early 
progress made on the grant. The SLHA has demonstrated to the Department 
that an extension of the grant period is necessary to accomplish its 
approved plan.
60. Regulation: HOPE for Public and Indian Housing Homeownership (HOPE 
1) Program, Guidelines, Section 301(b)(1) as published on January 14, 
1992 (57 FR 1522)
    Project/Activity: To permit a HOPE 1 mini-planning grantee, the 
Poughkeepsie, New York Housing Authority (PHA) a time extension to 
carryout the activities specified in its grant agreement at its Dr. 
Joseph Brady Gardens (Boulevard Knolls) development. This extension 
would be of benefit to the residents participating in homeownership 
planning at the above mentioned development.
    Nature of Requirement: Section 301(b)(3) of the HOPE 1 Program 
Guidelines limit a HOPE 1 mini-planning grantee to carrying out 
activities funded under its grant within eighteen (18) months of the 
effective date of the mini-planning grant agreement.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: June 27, 1994.
    Reason Waived: Pursuant to Section 901 of the HOPE 1 Guidelines, a 
regulatory provision that is ``not otherwise required by law'' may be 
waived by the Assistant Secretary for Public and Indian Housing upon a 
determination of good cause, and upon documentation of the pertinent 
facts and grounds supporting the waiver.
    Good cause was exhibited as follows:
    The PHA had a recent change in management and the residents have 
shown a renewed interest in the homeownership program. This revived 
interest has rectified the non-involvement, lack of communication and 
participation of the old tenant council. The PHA also wished to 
reallocate funding to increase economic development planning and to add 
training and technical assistance to service the renewed resident 
interest in the grant. Further action on the grant was contingent on 
the extension being granted.

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: John 
Comerford, Director, Financial Management Division, Office of Assisted 
Housing, Office of Public and Indian Housing, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Washington, DC 20410, 
Phone: (202) 708-1872, TDD: (202) 708-0850 (these are not toll-free 
numbers).
61. Regulation: 24 CFR 990.104
    Project/Activity: Key West, FL, Housing Authority In determining 
the operating subsidy eligibility, a request was made for funding for 
five units approved for non-dwelling use to promote an anti-drug 
program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: April 18, 1994.
    Reason Waived: To allow additional subsidy for units approved for 
non-dwelling use to promote an anti-drug program pending publication of 
a final rule implementing this change to the regulation.
62. Regulation: 24 CFR 990.104
    Project/Activity: Newberry, SC, Housing Authority In determining 
the operating subsidy eligibility, a request was made for funding for 1 
unit approved for non-dwelling use to promote an economic self-
sufficiency program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: April 18, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote economic self-sufficiency services pending 
publication of a final rule implementing this change to the regulation.
63. Regulation: 24 CFR 990.104
    Project/Activity: Fort Worth, TX, Housing Authority In determining 
the operating subsidy eligibility, a request was made for funding for 
four units approved for non-dwelling use to promote economic self-
sufficiency and anti-drug programs.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: May 16, 1994.
    Reason Waived: To allow additional subsidy for units approved for 
non- [[Page 4441]] dwelling use to promote economic self-sufficiency 
services and anti-drug programs pending publication of a final rule 
implementing this change to the regulation.
64. Regulation: 24 CFR 990.104
    Project/Activity: Parkersburg, WV, Housing Authority In determining 
the operating subsidy eligibility, a request was approved for funding 
for 1 unit approved for non-dwelling use to promote an economic self-
sufficiency program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: May 16, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote economic self-sufficiency services pending 
publication of a final rule implementing this change to the regulation.
65. Regulation: 24 CFR 990.104
    Project/Activity: Chetek, WI, Housing Authority In determining the 
operating subsidy eligibility, a request was made to extend the 
deadline for submission of a request for adjustment to the Allowable 
Expense Level.
    Nature of Requirement: The Final Rule for PFS Allowable Expense 
Level appeals imposed a sixty day deadline on submission of requests 
for adjustment.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: May 26, 1994.
    Reason Waived: The housing authority was undergoing a change in 
management at the time and did not recognize the significance of the 
recalculation. This waver was granted based on the Housing Agency's 
eligibility for a large adjustment and its great need for this funding 
to support its operations.
66. Regulation: 24 CFR 990.104
    Project/Activity: Fort Myers, FL, Housing Authority In determining 
the operating subsidy eligibility, a request was granted for funding 
for four units approved for non-dwelling use to promote economic self-
sufficiency and anti-drug programs.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: June 3, 1994.
    Reason Waived: To allow additional subsidy for units approved for 
non-dwelling use to promote economic self-sufficiency services and 
anti-drug programs pending publication of a final rule implementing 
this change to the regulation.
67. Regulation: 24 CFR 990.104
    Project/Activity: Portsmouth, VA, Housing Authority In Determining 
the operating subsidy eligibly, a request was approved for funding for 
1 unit approved for non-dwelling use to promote an economic self-
sufficiency program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Dated Granted: June 9, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote economic self-sufficiency services pending 
publication of a final rule implementing this change to the regulation.
68. Regulation: 24 CFR 990.104
    Project/Activity: Raton NM, Housing Authority In determining the 
operating subsidy eligibility, a request was granted for funding for 
one unit approved for non-dwelling use to promote economic self-
sufficiency and anti-drug program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Dated Granted: June 9, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote economic self-sufficiency services and 
anti-drug programs pending publication of a final rule implementing 
this change to the regulation.
69. Regulation: 24 CFR 990.104
    Project/Activity: New Iberia, LA, housing Authority In determining 
the operating subsidy eligibility, a request was made for funding for 
one unit approved for non-dwelling use to promote an anti-drug program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Dated Granted: June 9, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote an anti-drug program pending publication of 
a final rule implementing this change to the regulation.
70. Regulation: 24 CFR 990.104
    Project/Activity: North Charleston, SC, Housing Authority In 
determining the operating subsidy eligibility, a request was approved 
for funding for six units approved for non-dwelling use to promote an 
economic self-sufficiency program.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Dated Granted: June 9, 1994.
    Reason Waived: To allow additional subsidy for a unit approved for 
non-dwelling use to promote economic self-sufficiency services pending 
publication of a final rule implementing this change to the regulation.
71. Regulation: 24 CFR 990.104
    Project/Activity: Wilkes-Barre, PA, Housing Authority In 
determining the operating subsidy eligibility, a request was granted 
for funding for one unit approved for non-dwelling use to promote 
economic self-sufficiency and anti-drug programs.
    Nature of Requirement: The operating subsidy calculation excludes 
funding for units removed from the dwelling rental inventory.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Dated Granted: June 9, 1994.
    Reason Waived: To allow additional subsidy for units approved for 
non-dwelling use to promote economic self-sufficiency services and 
anti-drug programs pending publication of a final rule implementing 
this change to the regulation.
72. Regulation: 24 CFR 990.109(b)(3)(iv)
    Project/Activity: A request was made by the Clarkson, NE Housing 
Authority to use its actual occupancy rate of 57% in determining its 
operating subsidy eligibility for its fiscal year ending (FYE) 3/31/95.
    Nature of Requirement: A public housing agency (PHA) that has 
completed a Comprehensive Occupancy Plan (COP) without achieving a 97% 
occupancy percentage or having an average of five or fewer vacant units 
must use a projected occupancy rate of 97%.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: April 11, 1994.
    Reason Waived: The Clarkson Housing Authority is a small PHA of 30 
units, primarily elderly. There has been [[Page 4442]] a significant 
decline in the town's population according to census data, as well as 
loss of businesses and medical staff during the past several years. 
Because the documented lack of demand was basically beyond the control 
of the Authority, and in order to preclude further depletion of its 
operating reserves, the PHA was allowed to use 57% as its occupancy 
percentage for its fiscal year ending 3/31/95.
73. Regulation: 24 CFR 990.109(b)(3)(iv)
    Project/Activity: A request was made by the Kinsley, KS Housing 
Authority to use its actual occupancy rate of 72% in determining its 
operating subsidy eligibility for its fiscal year ending (FYE) 3/31/95.
    Nature of Requirement: A public housing agency (PHA) that has 
completed a Comprehensive Occupancy Plan (COP) without achieving a 97% 
occupancy percentage or having an average of five or fewer vacant units 
must use a projected occupancy rate of 97%.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: April 20, 1994.
    Reason Waived: The Kinsley Housing Authority is a small PHA of 39 
units. It has been experiencing a vacancy problem for the past several 
years during which it has pursued many vacancy reduction strategies and 
has reduced the number of vacant units to seven. It now plans to 
convert efficiency units into one and two bedroom units which is 
expected to result in fewer vacancies. To prevent undue hardships while 
it is trying to reduce vacancies, the PHA was allowed to use 72% as its 
occupancy percentage for its fiscal year ending 3/31/95.
74. Regulation: 24 CFR 990.109(b)(3)(iv)
    Project/Activity: A request was made by the Niobrara, NE Housing 
Authority to use its actual occupancy rate of 55% in determining its 
operating subsidy eligibility for its fiscal year ending (FYE) 3/31/95.
    Nature of Requirement: A public housing agency (PHA) that has 
completed a Comprehensive Occupancy Plan (COP) without achieving a 97% 
occupancy percentage or having an average of five or fewer vacant units 
must use a projected occupancy rate of 97%.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: May 19, 1994.
    Reason Waived: The Niobrara Housing Authority is a small PHA of 20 
units. There has been a significant decline in the town's population. 
In order to be supportive of its efforts to maintain a reasonable level 
of services to the remaining elderly residents, the PHA was allowed to 
use 55% as its occupancy percentage for its fiscal year ending 3/31/95.
75. Regulation: 24 CFR 990.109(b)(3)(iv) and 990.118(d)
    Project/Activity: Philadelphia Housing Authority, PA. In 
determining operating eligibility, a request was made to terminate its 
currently approved Comprehensive Occupancy Plan and use its actual 
occupancy percentage of 77% for its fiscal year ending in 1994 and to 
use 78% for 1995 and 82% for 1996.
    Nature of Requirement: The regulation defines the term of a 
Comprehensive Occupancy Plan (COP) and requires that a PHA that 
completes its COP without achieving a 97% occupancy percentage use a 
projected occupancy percentage of 97%.
    Granted by: Joseph Shuldiner, Assistant Secretary.
    Date Granted: May 19, 1994.
    Reason Waived: The Department has found that large troubled Housing 
Authorities often have vacancy problems of such a magnitude and 
complexity that long term planning is very difficult. COPs for such 
authorities quickly become obsolete. Agreement was reached on an 
alternative approach to a COP in which the Housing Authority uses a 
lower occupancy percentage and at least 60% of the resulting increase 
in operating subsidy is to be used for specific, identifiable actions 
to increase occupancy. The Housing Authority is responsible for 
developing a vacancy reduction strategy which will be approved by HUD. 
Based on this agreement an occupancy percentage of 77% was approved for 
the fiscal year ending 3/31/94 and 78% for the fiscal year ending 3/31/
95. In February 1995, the Philadelphia HUD Office will conduct an on-
site review to check and compare actual accomplishments to date against 
expected occupancy goals. A decision on the occupancy percentage for 3/
31/96 will be based on the results of that review.

[FR Doc. 95-1584 Filed 1-20-95; 8:45 am]
BILLING CODE 4210-32-M