[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 35040-35046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16334]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. N-95-3892; FR-3864-N-03]


Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public notice of the granting of regulatory waivers. Request: 
January 1, 1995 through March 31, 1995.

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SUMMARY: Under the Department of Housing and Urban Development Reform 
Act of 1989 (Reform Act), the Department (HUD) is required to make 
public all approval actions taken on waivers of regulations. This 
notice is the seventeenth such notice being published on a quarterly 
basis, providing notification of waivers granted during the preceding 
reporting period. The purpose of this notice is to comply with the 
requirements of section 106 of the Reform Act.

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; telephone 202-708-3055; 
TDD: (202) 708-3259. (These are not toll-free numbers.) For information 
concerning a particular waiver action, about which public notice is 
provided in this document, contact the person whose name and address is 
set out, for the particular item, in the accompanying list of waiver-
grant actions.

SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development 
Reform Act of 1989, the Congress adopted, at HUD's request, legislation 
to limit and control the granting of regulatory waivers by the 
Department. Section 106 of the Act (Section 7(q)(3)) of the Department 
of Housing and Urban Development Act, 42 U.S.C. 3535(q)(3), provides 
that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary 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: 


[[Page 35041]]

    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.
    Section 106 also contains requirements applicable to waivers of HUD 
handbook provisions that are not relevant to the purposes of today's 
document.
    Today's document follows publication of HUD's Statement of Policy 
on Waiver of Regulations and Directives Issued by HUD (56 FR 16337, 
April 22, 1991). This is the seventeenth Notice of its kind to be 
published under Section 106. It updates HUD's waiver-grant activity 
from January 1, 1995 through March 31, 1995. It also includes waiver-
grant activity that was inadvertently omitted from the Department's 
notice covering the period from October 1, 1994 and December 31, 1994. 
In approximately three months, the Department will publish a similar 
Notice, providing information about waiver-grant activity for the 
period from April 1, 1995 through June 30, 1995.
    For ease of reference, waiver requests grant 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, as well as those that occur between April 1, 1995 through June 
30, 1995.
    Accordingly, information about approved waiver requests pertaining 
to regulations of the Department is provided in the Appendix that 
follows this Notice.

    Dated: June 20, 1995.
Henry G. Cisneros,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development January 1, 
1995 Through March 31, 1995

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: Mr. 
James B. Mitchell, Director, Financial Services Division, U.S. 
Department of Housing and Urban Development, 470 L' Enfant Plaza 
East, Suite 3119, Washington, DC 20024, Phone: (202) 755-7450 x125.
    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: The Louisville (Kentucky) Housing Assistance 
Corporation refunding of bonds which financed a Section 8 assisted 
project, Phoenix Hill Plaza Apartments.
    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: January 31, 1995.
    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 
17, 1995. Refunding bonds have been priced to an average yield of 
6.94%. The tax-exempt refunding bond issue of $1,345,000 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 11.7% at the call date 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 12% to 7.98%, 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 the projects will continue to provide 
housing for low-income families after subsidies expire, a priority 
HUD objective.
    2. 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: The Phoenix Housing Finance Corporation 
refunding of bonds which financed three Section 8 assisted projects, 
Filmore I, Hacienda del Rio, and Paradise Shadows Apartments.
    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: February 13, 1995.
    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, 1995. Refunding bonds have been priced to an average yield of 
6.98%. The tax-exempt refunding bond issue of $7,700,000 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 10.75% at the call date in 1995 
with tax-exempt bonds at a substantially lower interest rates. The 
refunding will also substantially reduce the FHA mortgage interest 
rates at expiration of the HAP contract, from 11.6 and 10.75% to 
7.75%, 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.
    3. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(3), 
811.114(b)(3), 811.114(d), 811.115(b).
    Project/Activity: Mechanicville, New York HDC refunding of bonds 
which financed a Section 8 assisted project, Mechanicville Elderly 
Project Apartments (FHA No. 013-35100).
    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: February 27, 1995.
    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 February 22, 1995. Refunding bonds have been 
priced to an average yield of 6.90%. The tax-exempt refunding bond 
issue of $3,425,000 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 9.5%-10.4% 
at the call date with 

[[Page 35042]]
lower yield tax-exempt bonds. The refunding will also substantially 
reduce the FHA mortgage interest rate at expiration of the HAP 
contract from 10.73% to 7.3%, 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 the projects will continue to provide housing for low-income 
families after subsidies expire, a priority HUD objective.
    4. 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), and 811.115(b).
    Project/Activity: The Ohio Capital Corporation for Housing 
refunding of bonds which financed a Section 8 assisted project, 
Eastland Wood Apartments, FHA No. 042-35336.
    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: February 27, 1995.
    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 Section 207.259(e) to call 
debentures prior to maturity. This refunding proposal was approved 
by HUD on February 22, 1995. Refunding bonds have been priced to an 
average yield of 6.45%. The tax-exempt refunding bond issue of 
$5,485,000 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 in 1995 with tax-exempt bonds at a substantially lower 
interest rate. The refunding will also substantially reduce the FHA 
mortgage interest rates at expiration of the HAP contract, from 9 to 
6.85%, 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.
    5. Regulation: 24 CFR Sections 811.107(a)(2), 811.107(b), 
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), and 
811.115(b).
    Project/Activity: The Ohio Capital Corporation for Housing 
refunding of bonds which financed a Section 8 assisted project, the 
Westview Apartments, FHA No. 042-35266.
    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: March 14, 1995.
    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 Section 207.259(e) to call 
debentures prior to maturity. This refunding proposal was approved 
by HUD on February 8, 1995. Refunding bonds have been priced to an 
average yield of 6.19%. The tax-exempt refunding bond issue of 
$4,680,000 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 10.3% at 
the call date in 1995 with tax-exempt bonds at a substantially lower 
interest rate. The refunding will also substantially reduce the FHA 
mortgage interest rates at expiration of the HAP contract, from 
10.5% 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.
    6. 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), and 811.115(b).
    Project/Activity: The Ohio Capital Corporation for Housing 
refunding of bonds which financed a Section 8 assisted project, the 
Springhill Homes Apartments, FHA No. 042-35391.
    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: March 28, 1995.
    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 Section 207.259(e) to call 
debentures prior to maturity. This refunding proposal was approved 
by HUD on February 23, 1995. Refunding bonds have been priced to an 
average yield of 6.44%. The tax-exempt refunding bond issue of 
$1,630,000 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 11.78% at 
the call date in 1995 with tax-exempt bonds at a substantially lower 
interest rate. The refunding will also substantially reduce the FHA 
mortgage interest rates at expiration of the HAP contract, from 12% 
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.
    7. Regulation: 24 CFR 811.114(d), 811.115(b), 811.117.
    Project/Activity: The District of Columbia HFA refunding of 
bonds which financed a Section 8 assisted project, the Oak Street 
Apartments (FHA No. 000-35230).
    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: January 30, 1995.
    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 September 29, 1994. 
Refunding bonds have been priced to an average yield of 7.17%. The 
tax-exempt refunding bond issue of $1,865,000 at current low-
interest rates will save Section 8 subsidy and substantially reduce 
the original mortgage interest rate of 10.5%. 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 a substantially lower interest rate. 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 Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: 
Debbie Ann Wills, Field Management Officer, U.S. Department of 
Housing & Urban Development, Office of Community Planning and 
Development, 451 7th Street SW., Washington, DC 20410-7000, 
Telephone: (202) 708-2565.

    8. Regulation: 24 CFR 51.102(a)(2).
    Project/Activity: Salvation Army's Harbor Light Center is 
requesting a waiver of 24 CFR 51.102(a)(2) which requires that a 
project exposed to unacceptable noise levels complete an 
Environmental Impact Statement (EIS).
    Nature of Requirement: Under the regulations a locality must 
complete an EIS if a project is exposed to unacceptable noise 
levels.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 18, 1995.
    Reasons Waived: It was determined that the project met the 
requirements of Sec. 51.104(b)(2) of the noise regulation in that 
noise was the only environmental issue. 

[[Page 35043]]

    9. Regulation: 24 CFR 92.205(c).
    Project/Activity: Lake County, Illinois requested a waiver to 
permit rehabilitation which utilizes HOME funds, to pay for flood 
and wind damage to four rental properties within its jurisdiction. 
Costs for work on each unit totaled less than $1,000.
    Nature of Requirement: Section 92.205(c) provides that 
rehabilitation assisted with HOME funds cost, at a minimum, $1,000 
per unit.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 18, 1995.
    Reasons Waived: The waiver was granted, for good cause, to aid 
in Lake County's disaster recovery effort.
    10. Regulation: 24 CFR 92.222(b).
    Project/Activity: The City of Milwaukee requested that the match 
reduction made because the area was declared a natural disaster area 
be extended for Fiscal 1995.
    Nature of Requirement: Under the HOME Program, each 
participating jurisdiction must match its allocation of HOME Program 
funds. Jurisdictions designated federal ``natural disaster areas'' 
are given relief from the match requirements for one year.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 17, 1995.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    11. Regulation: 24 CFR 92.222(b).
    Project/Activity: The City of St. Joseph, Missouri requested 
that the match reduction made because the area was declared a 
natural disaster area be extended for Fiscal 1995.
    Nature of Requirement: Under the HOME Program, each 
participating jurisdiction must match its allocation of HOME Program 
funds. Jurisdictions designated federal ``natural disaster areas'' 
are given relief from the match requirements for one year.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 13, 1995.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    12. Regulation: 24 CFR 92.222(b).
    Project/Activity: The County of St. Louis, Missouri requested 
that the match reduction made because the area was declared a 
natural disaster area be extended for Fiscal 1995.
    Nature of Requirement: Under the HOME Program, each 
participating jurisdiction must match its allocation of HOME Program 
funds. Jurisdictions designated federal ``natural disaster areas'' 
are given relief from the match requirements for one year.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 7, 1995.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    13. Regulation: 24 CFR 92.222(b).
    Project/Activity: The Cities of Davenport, Iowa and Lincoln, 
Nebraska, and the State of Iowa all requested that the match 
reduction made because the areas were declared natural disaster 
areas be extended for Fiscal 1995.
    Nature of Requirement: Under the HOME Program, each 
participating jurisdiction must match its allocation of HOME Program 
funds. Jurisdictions designated federal ``natural disaster areas'' 
are given relief from the match requirements for one year.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 16, 1995.
    Reasons Waived: To relieve the jurisdictions from coming up with 
matching funds that would delay the use of HOME funds in emergency 
situations.
    14. Regulation: 24 CFR 92.254.
    Project/Activity: State of California, Santa Cruz County 
requested a waiver of 24 CFR 92.254 which limits the value of homes 
purchased using HOME funds.
    Nature of Requirement: he HOME regulations at 24 CFR 92.254 
state that for housing to qualify as affordable housing for 
homeownership, its purchase price and/or after rehabilitation value 
cannot exceed 95 percent of the median purchase price for single 
family housing for the jurisdiction as determined by HUD. If the 
jurisdiction believes the limits determined by HUD do not accurately 
reflect 95 percent of the median purchase price, the regulation 
provides that it may appeal the limits in accordance with 24 CFR 
203.18(b)
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: January 12, 1995.
    Reasons Waived: The HUD Field Office presented data for single 
family home sales that was determined by the Assistant Secretary to 
be a reasonable and accurate representation of local market 
conditions and, therefore, the HOME purchase price/value limits were 
revised upward for Santa Cruz County.
    15. Regulation: 24 CFR 92.254.
    Project/Activity: State of California, Napa County requested a 
waiver of 24 CFR 92.254 which limits the value of homes purchased 
using HOME funds.
    Nature of Requirement: The HOME regulations at 24 CFR 92.254 
state that for housing to qualify as affordable housing for 
homeownership, its purchase price and/or after rehabilitation value 
cannot exceed 95 percent of the median purchase price for single 
family housing for the jurisdiction as determined by HUD. If the 
jurisdiction believes the limits determined by HUD do not accurately 
reflect 95 percent of the median purchase price, the regulation 
provides that it may appeal the limits in accordance with 24 CFR 
203.18(b)
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 20, 1995.
    Reasons Waived: The HUD Field Office presented data for single 
family home sales that was determined by the Assistant Secretary to 
be a reasonable and accurate representation of local market 
conditions and, therefore, the HOME purchase price/value limits were 
revised upward for Napa County.
    16. Regulation: 24 CFR 92.254(c)(1)&(3) & 92.252(e)(1)(3).
    Project/Activity: Iowa City, Iowa is requesting a waiver of 24 
CFR 92.254 (c)(1)&(3) & 92.252(e)(1)(3) to permit one of its 
community housing development organizations (CHDOs) to use HOME 
funds to acquire three additional manufactured housing units for its 
transitional housing programs.
    Nature of Requirement: The HOME regulations require that 
manufactured housing units be situated on a permanent foundation and 
be located on land that is held in a fee-simple title, land-trust, 
or long term ground lease with a term at least equal to the 
affordability period.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 31, 1995.
    Reasons Waived: The regulations were waived to allow the City to 
provide needed additional transitional housing at a lower cost.
    17. Regulation: 24 CFR 92.258.
    Project/Activity: The City of Pueblo, Colorado requested a 
waiver of 24 CFR 92.258 of the HOME regulations to waive the 30 year 
affordability period for low-income homebuyers receiving HOME 
assistance.
    Nature of Requirement: 24 CFR 92.258 provides a limitation on 
the use of HOME funds with FHA mortgage insurance for a period of 
time equal to the term of the HUD insured mortgage.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 31, 1995.
    Reasons Waived: The application of Sec. 92.258 of the HOME 
regulations to the City's program would create an undue hardship for 
the City and its potential homeowners, and adversely affect the 
purposes of the Act.
    18. Regulation: 24 CFR 291.400.
    Project/Activity: A not for profit agency requested a waiver of 
the 24 month residency for two tenants in a single family property 
leased under the single family property disposition homeless 
program.
    Nature of Requirement: The regulations at Sec. 291.400 prohibit 
a non-profit organization or a community participating in the Single 
Family Property Disposition Leasing Program from extending a lease 
to the same tenant for a period beyond 24 months.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 31, 1995
    Reasons waived: The waiver will give a non-profit ten months to 
purchase the building it is currently leasing.
    19. Regulation: 24 CFR 291.400
    19. Project/Activity: The Anoka County Community Action Program 
requested a waiver of the 24 month residency for a tenant in a 
single family property leased under the single family property 
disposition homeless program.
    Nature of requirement: The regulations at 24 CFR 291.400 
prohibit a non-profit 

[[Page 35044]]
organization or a community participating in the Single Family Property 
Disposition Leasing Program from extending a lease to the same 
tenant for a period beyond 24 months.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: February 28, 1995.
    Reasons Waived: The waiver will allow a formerly homeless family 
more time to find permanent housing.
    20. Regulation: 24 CFR 291.400.
    Project/Activity: The Anoka County Community Action Program 
requested a waiver of the 24 month residency for a tenant in a 
single family property leased under the single family property 
disposition homeless program.
    Nature of Requirement: The regulations at 24 CFR 291.400 
prohibit a non-profit organization or a community participating in 
the Single Family Property Disposition Leasing Program from 
extending a lease to the same tenant for a period beyond 24 months.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 27, 1995.
    Reasons Waived: The waiver will allow a formerly homeless family 
more time to find permanent housing.
    21. Regulation: 24 CFR 511.10(b)(1)
    Project/Activity: The City of Greensboro, North Carolina 
requested a waiver of 24 CFR 511.10(b)(1) of the Rental 
Rehabilitation regulations so that less than 70 of its funds are 
used to rehabilitate units containing two or more bedrooms.
    Nature of Requirement: 24 CFR 511.10(b)(1) requires that 70 
percent of annual grants be used to rehabilitate units containing 
two or more bedrooms.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 31, 1995.
    Reasons Waived: It was determined that the City was not able to 
meet the 70 percent standard because of the type of housing stock 
available in the jurisdiction.
    22. Regulation: 24 CFR 511.75(e).
    Project/Activity: New York City, New York requested a waiver of 
the program closeout requirements of the Rental Rehabilitation 
program.
    Nature of Requirement: The regulations at 24 CFR 511.75(e) state 
after the final draw of Rental Rehabilitation funds a project 
completion report must be submitted to HUD within 90 days.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 23, 1995.
    Reasons Waived: The extension will allow for the completion of 
the sale of the cooperative units. It was determined that undue 
hardship would have resulted from applying Sec. 511.75(e) 
requirements to the subject project and adversely affect the 
purposes of the Rental Rehabilitation program.
    23. Regulation: 24 CFR 570.200(h).
    Project/Activity: The City of Yonkers, New York requested a 
waiver of 24 CFR 570.200(h) regarding reimbursement of pre-agreement 
costs for the Messiah Baptist Project, a 129 unit-housing complex.
    Nature of Requirement: Under the regulations a locality is 
precluded from obligating CDBG funds before grant award.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 16, 1995.
    Reasons Waived: HUD determined that failure to grant the waiver 
would cause hardship and adversely affect the purposes of the Act. 
The waiver of the limitations on pre-agreement costs at 24 CFR 
570.200 (h) will permit the reimbursement of local funds, for the 
Messiah Baptist Project, a 129 unit-housing complex, with FY 1995 
and 1996 CDBG funds.
    24. Regulation: 24 CFR 570.200(h) & 570.200 (a)(5).
    Project/Activity: Suffolk County, New York requested a waiver of 
24 CFR 570.200(h) & 570.200(a)(5) regarding reimbursement of pre-
agreement costs to permit the Town of Riverhead to proceed with the 
acquisition, demolition and clearance of vacant, abandoned, and 
deteriorated properties and complete construction of a parking lot 
as part of its Main Street revitalization project.
    Nature of Requirement: Under the regulations a locality is 
precluded from obligating CDBG funds before grant award.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 16, 1995.
    Reasons Waived: HUD determined that failure to grant the waiver 
would cause hardship and adversely affect the purposes of the Act. 
The waiver of the limitations on pre-agreement costs at 24 CFR 
570.200(h) & 570.200(a)(5) will permit the reimbursement of local 
funds, for the Main Street revitalization project, which serves a 
low- and moderate-income area, with FY 1995, FY 1996, FY 1997, FY 
1998 and FY 1999 CDBG funds.
    25. Regulation: 24 CFR 570.200(h) & 570.200 (a)(5).
    Project/Activity: Wayne County, Michigan requested a waiver of 
24 CFR 570.200(h) & 570.200(a)(5) regarding reimbursement of pre-
agreement costs to permit the City of Melvindale, Michigan to 
accelerate improvements to a local swimming pool and recreation 
building in time for the 1995 summer season.
    Nature of Requirement: Under the regulations a locality is 
precluded from obligating CDBG funds before grant award.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 30, 1995.
    Reasons Waived: HUD determined that failure to grant the waiver 
would cause hardship and adversely affect the purposes of the Act. 
The waiver of the limitations on pre-agreement costs at 24 CFR 
570.200(h) & 570.200(a)(5) will permit the reimbursement of local 
funds, for improvements to a swimming pool and recreation building, 
which serves a low- and moderate-income area, with FY 1995 CDBG 
funds.
    26. Regulation: 24 CFR 570.207(a)(1).
    Project/Activity: The City of Buena Park, California requested a 
waiver of restrictions on the use of CDBG funds for the repair or 
reconstruction of buildings for the general conduct of government to 
permit CDBG funds of be used to repair City Hall buildings.
    Nature of Requirement: The Multifamily Housing Property 
Disposition Reform Act of 1994 (Public Law 103-233) (42 U.S.C 5321) 
authorized the Secretary to suspend statutory requirements for use 
of CDBG funds in disaster areas.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 12, 1995.
    Reasons Waived: It was determined that the City met the 
requirement of 42 U.S.C. 5321, and hereby suspended the requirements 
at 42 U.S.C 5305 (a)(2) and 24 CFR 570.207(a)(1) to permit CDBG 
funds to be used to repair a City Hall.
    27. Regulation: 24 CFR 570.606 (c)(3)(v).
    Project/Activity: The City of Lawrence, Massachusetts requested 
a waiver of 24 CFR 570.606 (c)(3)(v) to allow the demolition of 
building destroyed by fire.
    Nature of Requirement: The regulations at 24 CFR 570.606 
(c)(3)(v) require one for one replacement of vacant occupiable low 
and moderate income dwelling units.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: January 14, 1995.
    Reasons Waived: It was determined that failure to grant a waiver 
of the regulations at 24 CFR 570.606 (c)(3)(v) would cause undue 
hardship and adversely affect the purposes of the Act.
    28. Regulation: 24 CFR 576.21.
    Project/Activity: The State of Wisconsin requested a waiver of 
the Emergency Shelter Grants regulations at 24 CFR 576.21.
    Nature of Requirement: The community requested a waiver of the 
cap of essential services placed on ESG funds.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 27, 1995.
    Reasons Waived: Under the Stewart B. McKinney Homeless 
Assistance Act, amended by the National Affordable Housing Act, the 
30 cap percent cap on essential services may be waived if the 
grantee ``demonstrates that the other eligible activities under the 
program are already being carried out in the locality with other 
resources''. The State certified that its own shelters and non-
profit shelters have developed sufficient capacity to provide for 
every family that needs shelter therefore it was determined that the 
waiver was appropriate.
    29. Regulation: 24 CFR 576.21.
    Project/Activity: The City of Lancaster, Pennsylvania requested 
a waiver of the Emergency Shelter Grants regulations at 24 CFR 
576.21.
    Nature of Requirement: The community requested a waiver of the 
cap of essential services placed on ESG funds.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development. 

[[Page 35045]]

    Date Granted: March 30, 1995.
    Reasons Waived: Under the Stewart B. McKinney Homeless 
Assistance Act, amended by the National Affordable Housing Act, the 
30 cap percent cap on essential services may be waived if the 
grantee ``demonstrates that the other eligible activities under the 
program are already being carried out in the locality with other 
resources''. The City provided an analysis that demonstrated that 
other categories of ESG activities will be carried out locally with 
other resources, therefore, it was determined that the waiver was 
appropriate.
    30. Regulation: 24 CFR 583.150.
    Project/Activity: The waiver request is to allow 20 residents of 
the WINGs Program of the YWCA in Columbus, Ohio, 1988 SHPD 
Transitional Housing program, to temporarily relocate, for 
approximately 18 months, to a public housing project.
    Nature of Requirement: The regulations at 24 CFR 583.150 state 
that HUD will not assist a facility with Transitional Housing funds 
if residents of the structure receive assistance under the United 
States Housing Act of 1937.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 12, 1995.
    Reasons Waived: It was determined to be in the best interest of 
the residents of the transitional housing facility that they 
relocate to the Taylor Terrace public housing project for 18 months.
    31. Regulation: 24 CFR 583.305.
    Project/Activity: A non-profit organization received 
Transitional Housing Demonstration Program funds to convert ten 
units located at 325 & 331 E. Long Street in Columbus Ohio, into 
transitional housing.
    Nature of Requirement: The regulations require that all 
recipients receiving assistance for acquisition, rehabilitation or 
new construction under the Transitional Housing Demonstration 
Program, must agree to provide transitional housing for a period of 
10 years.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 16, 1995.
    Reasons Waived: The rule allows a grant recipient to obtain a 
waiver from the requirement to continue to use the structure for 
transitional housing if it is used for an approved alternative 
charitable purpose. The recipient intends to use the structure as an 
emergency shelter for families, therefore, the waiver was approved.
    32. Regulation: 24 CFR 882.408(b).
    Project/Activity: The City of Cincinnati requested a waiver 
which would allow the City to utilize a gross rent for one of its 
Shelter Plus Care projects that would exceed the applicable Fair 
Market Rent limitation permitted in its agreement with HUD.
    Nature of Requirement: The SRO regulations at 24 CFR 882.408(b) 
state that the initial gross rent for any project must not exceed 
the moderate rehabilitation FMR applicable to the unit on the date 
the agreement is executed.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 7, 1995.
    Reasons Waived: It was determined that the City had taken all 
reasonable actions to reduce the gross rents to within the 
applicable FMR. So for project development to proceed the FMR was 
increased beyond the amount stated in the agreement.

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: Kevin 
E. Marchman, Deputy Assistant Secretary, Office of Distresses and 
Troubled, Housing Recovery, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410,(202) 401-8812.

    33. Regulation: 24 CFR 968.315(b)(2).
    Project/Activity: Comprehensive Grant Program, Housing Authority 
of the City of Atlanta (HACA).
    Nature of Requirement: Requires a public housing authority (PHA) 
to submit an appeal, in writing, of its formula amount if it 
determines that ``unique circumstances'' exist that justify an 
adjustment to its formula amount. Also, requires HUD to publish in 
the Federal Register a description of facts supporting any 
successful appeal based upon ``unique circumstances''.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 15, 1994 (Funds were provided on January 
17, 1995 from the FFY 1995 appropriations).
    Reason Waived: The HACA basis for its appeal was the fact that 
construction costs in the Atlanta area increased by approximately 15 
percent due to the massive amount of construction associated with 
the pending 1996 Summer Olympic Games. Also, the HACA anticipated 
extensive costs related to problems with soil contamination at its 
Herndon Homes public housing development. Therefore, $4 million for 
the HACA on the basis of unique circumstances was approved as 
follows: $3 million because the cost of construction in the Atlanta 
area increased very rapidly because of the Summer Olympic Games and 
the HACA was unable to complete necessary work items within the 
approved budget; and $1 million for remediation measures associated 
with the soil contamination at Herndon Homes.
    34. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number IL 2-27 and 2-54, Chicago Housing Authority (CHA).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted By: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: September 1, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    35. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number PA 26-P002-010, Philadelphia Housing Authority (PHA).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted By: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: September 13, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    36. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number TX21-P005-006, Housing Authority of the City of Houston, 
(HACH).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing
    Date Granted: September 26, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    37. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number DC1-01, Department of Public and Assisted Housing (DPAH).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing. 

[[Page 35046]]

    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing
    Date Granted: November 30, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    38. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number MI1-034, Detroit Housing Department (HD) .
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 8, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    39. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number MI1-034, Detroit Housing Department (DHD FL 5-53B, Dade 
County Housing Authority (DCHA)).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 12, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.
    40. Regulation: 24 CFR 970.11(h).
    Project/Activity: Public Housing Demolition/Disposition, Project 
Number IL2-20, Chicago Housing Authority (CHA).
    Nature of Requirement: Requires public housing authorities (PHA) 
to have a site and neighborhood standards assessment completed by 
the Department of the site selected for replacement housing.
    Granted by: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: December 20, 1994.
    Reason Waived: The waiver allows the PHA to delay the completion 
of the site and neighborhood standards assessment until the 
appropriate time required under the public housing development 
program. Therefore, the requirement will still be met but not at the 
time the PHA is applying for approval of a demolition or disposition 
action. This policy is the same as the new policy contained in a 
final regulation on demolition/disposition which at the time of the 
waiver had been approved by OMB and was awaiting approval by the 
Secretary. Subsequently, the final regulation was published in the 
Federal Register on January 18, 1995, and became effective on 
February 17, 1995.

[FR Doc. 95-16334 Filed 7-3-95; 8:45 am]
BILLING CODE 4210-32-P