[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41928-41934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20168]



[[Page 41927]]


_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 61, No. 156 / Monday, August 12, 1996 / 
Notices  

[[Page 41928]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary
[Docket No. FR-4098-N-01]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of Regulatory Waivers. Request: 
January 1, 1996 through March 31, 1996.

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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 twenty-first in a series, 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; 
TTY: (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:
    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 twenty-first notice of its kind to be 
published under Section 106. It updates HUD's waiver-grant activity 
from January 1, 1996 through March 31, 1996.
    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, as well as those that occur between April 1, 1996 through June 
30, 1996.
    Accordingly, information about approved waiver requests pertaining 
to regulations of the Department is provided in the Appendix that 
follows this notice.

    Dated: August 1, 1996.
Henry G. Cisneros,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development January 1, 
1996 Through March 31, 1996

    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, D.C. 20024, Phone: (202) 755-7450 
x125; hearing and speech-impaired individuals may call HUD's TTY 
toll-free number at 1-800-877-8391.

    Regulation: 24 CFR 811.106(d) and 811.107(d) of 1977 Regulations.
    Project/Activity: New Orleans HDC refunding of bonds which financed 
an uninsured Section 8 assisted project: Tivoli Place, Project No. 
LA48-0021-005.
    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-
FHA Commissioner.
    Date Granted: March 27, 1996.
    Reasons Waived: The part 811 regulations cited above prohibited 
refundings and required that excess reserve balances be used for 
project purposes. The Project Owner has requested HUD permission to 
release excess reserve balances from the 1979 Trust Indenture to retire 
a portion of partnership debt and fund project repairs. Issuance of 
Refunding Bonds under Section 103 of the Tax Code will not reduce 
project debt service nor generate Section 8 savings. The Project Owner 
will execute a HUD Use Agreement to maintain low-income project 
occupancy for 10 years after expiration of Section 8 subsidies.

    Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), and 811.115(b).
    Project/Activity: The Greenville, North Carolina Housing Authority 
refunding of bonds which financed a Section 8 assisted project, 
Greentree Village Apartments, FHA No. 053-35428.
    Nature of Requirement: The regulations set conditions under which 
HUD may grant a Section 11(b) letter of exemption of multifamily 
housing

[[Page 41929]]

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 26, 1996.
    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 1, 
1996. Refunding bonds have been priced to an average yield of 5.80%. 
The tax-exempt refunding bond issue of $1,395,000 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% at the call date in 1996 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, thus reducing FHA mortgage insurance risk. The 
refunding serves the important public purposes of reducing HUD's 
Section 8 program costs, funding $45,000 for project repairs, 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.

    Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), 811.115(b).
    Project/Activity: The Hugo, Oklahoma Housing Authority refunding of 
bonds which financed a Section 8 assisted project, the Southwind Acres 
Apartments, FHA No. 118-35098.
    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: March 6, 1996.
    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 16, 1996. Refunding bonds have been priced to an average yield 
of 6.05%. The tax-exempt refunding bond issue of $1,640,000 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 8.6% at the call date in 1996 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 8.55% to 4.45%, 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), providing $96,474 for 
project repairs, and increasing the likelihood that projects will 
continue to provide housing for low-income families after subsidies 
expire, a priority HUD objective.

    Regulation: 24 CFR 811.107(a)(2), 811.107(b), 811.108(a)(1), 
811.108(a)(3), 811.114(b)(3), and 811.115(b).
    Project/Activity: The New Lexington (Ohio) HDC refunding of bonds 
which financed a Section 8 assisted project, Lincoln Park Apartments, 
FHA No. 043-35181.
    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, 1996.
    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 7, 
1996. Refunding bonds have been priced to an average yield of 5.85%. 
The tax-exempt refunding bond issue of $1,130,000 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% at the call date in 1996 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, thus reducing FHA mortgage insurance risk. The 
refunding serves the important public purposes of reducing HUD's 
Section 8 program costs, funding $50,000 for project repairs, 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.

    Regulation: 24 CFR Sections 811.107(a)(2), 811.107(b), 
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), and 811.115(b).
    Project/Activity: The Comanche County, Oklahoma Home Finance 
Authority refunding of bonds which financed a Section 8 assisted 
project, the Ambassador Apartments, FHA No. 117-35153.
    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 27, 1996.
    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 January 31, 
1996. Refunding bonds have been priced to an average yield of 6.12%. 
The tax-exempt refunding bond issue of $1,660,000 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 10.1% at the call date in 1996 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, thus reducing FHA mortgage insurance risk. The 
refunding serves the important public purposes of reducing HUD's 
Section 8 program costs, funding $75,000 for project repairs, 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.


[[Page 41930]]


    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, S.W., Room 7152, Washington, D.C. 
20410-7000, Telephone: (202) 708-2565; hearing and speech-impaired 
individuals may call HUD's TTY toll-free number at 1-800-877-8391.

    Regulation: 24 CFR 92.2.
    Project/Activity: The City of Chicago, Illinois requested, on 
behalf of the GSW Residential Corporation, a waiver of part 24 CFR 92.2 
that requires a community housing development organization (CHDO) to 
have a tax exempt ruling from the IRS. The waiver would allow an 
organization, with a pending IRS non-profit status determination, to 
qualify for HOME funds as a CHDO.
    Nature of Requirement: The HOME regulations at 24 CFR 92.2 require 
a community housing development organization (CHDO) to have a tax 
exempt ruling from the IRS.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 8, 1996.
    Reasons Waived: The waiver allows the city to meet its requirement 
to reserve at least 15 percent of its funds to CHDOs and thus not lose 
that amount in program funding.

    Regulation: 24 CFR 92.252(a)(2)(i)(B).
    Project/Activity: Lexington-Fayette Urban County, a HOME 
participating jurisdiction, requested a waiver of the HOME Program 
regulation at 24 CFR 92.252(a)(2)(i)(B) to permit Section 8 rents to be 
charged instead of HOME rents for a HOME-assisted rental project. The 
project is used as the housing resource for a self-sufficiency program 
for single parents who are participating in an educational program. The 
county provides Section 8 assistance to each eligible participant who 
moves into Virginia Place. Based on the design of their self-
sufficiency program and the use of Virginia Place for this purpose 
solely, the county asserted that the Section 8 assistance is equivalent 
to project-based assistance, and therefore, Section 8 rents should be 
permitted.
    Nature of Requirement: The regulation at 24 CFR 92.252(a)(2)(i)(B) 
describes one of the options for establishing rents for 20 percent of 
the HOME-assisted units in a rental project. Low HOME rents may be set 
at 30 percent of the family's monthly adjusted income, unless the 
project also receives Federal or State project-based assistance. In 
those cases, maximum rents (i.e. tenant contribution plus project-based 
rental subsidy) is the rent allowable under the Federal or State 
project-based rental subsidy program.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 23, 1996.
    Reasons Waived: The application of 24 CFR 92.252(a)(2)(i)(B) of the 
HOME regulations would create an undue hardship for this rental project 
and the self-sufficiency tenants it serves.

    Regulation: 24 CFR 92.258.
    Project/Activity: The City of Arlington, Texas 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 for 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 and Development.
    Date Granted: January 25, 1996.
    Reasons Waived: The application of Section 92.258 of the HOME 
regulations to the City's program would create an undue hardship for 
the City of Arlington and its potential homeowners, and adversely 
affect the purposes of the Act.

    Regulation: 24 CFR 511.76(h).
    Project/Activity: The City of Texarkana, Texas requested a waiver 
of program closeout requirements of the Rental Rehabilitation program.
    Nature of Requirement: The regulations at 24 CFR 511.76(h) cite 
when proceeds received from Rental Rehabilitation loans become program 
income.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning and Development
    Date Granted: March 25, 1996.
    Reasons Waived: The City of Texarkana, a State of Texas Rental 
Rehabilitation grantee, had not yet met the requirements for program 
closeout. The waiver allowed the City to use its program income to 
provide affordable rental housing to low income residents.

    Regulation: 24 CFR 570.489(e)(1)(vii).
    Project/Activity: The State of South Carolina requested a waiver of 
the State CDBG regulations at 24 CFR 570.489(e)(1)(vii).
    Nature of Requirement: The State requested a waiver of the 
regulations that set the standards for program income.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 26, 1996.
    Reasons Waived: The State was granted the waiver in order to 
continue its participation in HUD's Loan Securitization demonstration 
project. The waiver will permit the State to calculate the amount of 
program income generated through the sale as the net proceeds after the 
costs of arranging the transaction have been deducted.

    Regulation:  24 CFR 572.115(a)(1).
    Project/Activity: The City of Port Arthur, Texas requested a waiver 
to extend the time permitted for the transfer of HOPE 3 properties to 
eligible families.
    Nature of Requirement:  The regulations at CFR 572.115(a)(1) 
require that units in eligible properties must be transferred to 
eligible families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by:  Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted:  January 25, 1996.
    Reasons Waived:  Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation:  24 CFR 572.115(a)(1).
    Project/Activity: The Housing Authority of the Choctaw Nation of 
Oklahoma requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement:  The regulations at CFR 572.115(a)(1) 
require that units in eligible properties must be transferred to 
eligible families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by:  Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted:  January 25, 1996.
    Reasons Waived:  Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation:  24 CFR 572.115(a)(1).
    Project/Activity: The Texas Department of Housing and Community 
Affairs requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement:  The regulations at CFR 572.115(a)(1) 
require that units in eligible properties must be transferred to 
eligible families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request

[[Page 41931]]

for an extension of a period not to exceed one year of that deadline.
    Granted by:  Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted:  January 25, 1996.
    Reasons Waived:  Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation:  24 CFR 572.115(a)(1).
    Project/Activity: Santa Ana Neighborhood Housing Services, Inc., of 
Santa Ana California requested a waiver to extend the time permitted 
for the transfer of HOPE 3 properties to eligible families.
    Nature of Requirement:  The regulations at CFR 572.115(a)(1) 
require that units in eligible properties must be transferred to 
eligible families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by:  Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted:  January 25, 1996.
    Reasons Waived:  Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Comprehensive Community Action, Inc. of 
Massachusetts requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 25, 1996.
    Reasons Waived. Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Comprehensive Community Action, Inc., of 
Massachusetts requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 25, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The City of Indianapolis, Indiana requested a 
waiver to extend the time permitted for the transfer of HOPE 3 
properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: January 25, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1)
    Project/Activity: The City of New York, New York requested a waiver 
to extend the time permitted for the transfer of HOPE 3 properties to 
eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: January 25, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The City of Grand Prairie, Texas requested a 
waiver to extend the time permitted for the transfer of HOPE 3 
properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: January 25, 1996
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Baltimore Housing Partnership of Baltimore, 
Maryland requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 25, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: People's Housing Group of Maryland requested a 
waiver to extend the time permitted for the transfer of HOPE 3 
properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: January 25, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.


[[Page 41932]]


    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The City of Boston's Public Facilities Department 
requested a waiver to extend the time permitted for the transfer of 
HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Chicanos Por La Causa of California requested a 
waiver to extend the time permitted for the transfer of HOPE 3 
properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The City of Austin, Texas requested a waiver to 
extend the time permitted for the transfer of HOPE 3 properties to 
eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.
    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The West Maryland Interfaith Housing Development 
Corporation requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The Texas Department of Housing and Community 
Affairs and Habitat of Humanity, Inc., requested a waiver to extend the 
time permitted for the transfer of HOPE 3 properties to eligible 
families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Operation Impact of St. Louis, Missouri, Inc., 
requested a waiver to extend the time permitted for the transfer of 
HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

     Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: Tampa Bay Community Development Corporation of 
Tampa, Florida requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1)
    Project/Activity: The City of Dallas, Texas requested a waiver to 
extend the time permitted for the transfer of HOPE 3 properties to 
eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 16, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
     Project/Activity: Community Building Group Inc., Baltimore, 
Maryland requested a waiver to extend the time permitted for the 
transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the

[[Page 41933]]

HOPE 3 implementation grant. The HUD field office may approve a request 
for an extension of a period not to exceed one year of that deadline.
    Granted by: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 16, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The City of College Station, Texas requested a 
waiver to extend the time permitted for the transfer of HOPE 3 
properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 23, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property deadline transfer for one year.

    Regulation: 24 CFR 572.115(a)(1).
    Project/Activity: The Rural Housing Improvement, Inc., of 
Winchendon, Massachusetts requested a waiver to extend the time 
permitted for the transfer of HOPE 3 properties to eligible families.
    Nature of Requirement: The regulations at CFR 572.115(a)(1) require 
that units in eligible properties must be transferred to eligible 
families within two years of the effective date of the HOPE 3 
implementation grant. The HUD field office may approve a request for an 
extension of a period not to exceed one year of that deadline.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: March 8, 1996.
    Reasons Waived: Based on progress made in transferring the subject 
properties, the Assistant Secretary found good cause to extend the 
property transfer deadline for one year.

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: Mr. 
Dom Nessi, Deputy Assistant Secretary for Native American Programs, 
Department of Housing and Urban Development, 451 Seventh Street, 
S.W., Room B-133, Washington, D.C. 20410 (202) 755-0032; hearing and 
speech-impaired individuals may call HUD's TTY toll-free number at 
1-800-877-8391.

    Regulation: 24 CFR 950.325.
    Project/Activity: Establishment of ceiling rents for Sault Ste. 
Marie Tribe of Chippewa Indians Housing Authority.
    Nature of the Requirement: Waiver of the regulation cited above is 
required to allow establishment of ceiling rents for their Low Rent 
Program.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: March 15, 1996.
    Reason Waived: This waiver was requested and granted to allow the 
Sault Ste. Marie Tribe of Chippewa Indians Housing Authority to 
establish ceiling rents for their low rent program in accordance with 
PIH Notice 89-21 and 95-68, which provides for the establishment of 
ceiling rents in a low rent Indian housing program and the use of 
actual debt service.

    Regulation: 24 CFR 950.325.
    Project/Activity: Establishment of ceiling rents for Northern 
Circle Indian Housing Authority.
    Nature of the Requirement: Waiver of the regulation cited above is 
required to allow establishment of ceiling rents for their Low Rent 
Program.
    Granted By: Kevin Emanual Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: March 15, 1996.
    Reason Waived: This waiver was requested and granted to allow the 
Northern Circle Indian Housing Authority to establish ceiling rents for 
their low rent program in accordance with PIH Notice 89-21 and 95-68, 
which provides for the establishment of ceiling rents in a low rent 
Indian housing program and the use of actual debt service.

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: 
Mirian Saez, Director, Office of Rental Assistance, Department of 
Housing Urban Development, 451 Seventh Street, S.W., Room 4226, 
Washington, D.C. 20410, (202) 708-2841; hearing and speech-impaired 
individuals may call HUD's TTY toll-free number at 1-800-877-8391.

    Regulation: 24 CFR 982.303(b).
    Project/Activity: Executive Office of Communities and Development 
(MA), Section 8 Certificate Program.
    Nature of Requirement: The regulation provides for a maximum term 
of 120 days during which a certificate holder may seek housing to be 
leased under the program.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: February 1, 1996.
    Reason Waived: Approval of the waiver, which provides for an 
extended term of the certificate, prevented hardship to the 
certificate-holder whose multiple chemical sensitivities severely limit 
his ability to find a suitable rental unit.

    Regulation: 24 CFR 982.303(b).
    Project/Activity: Executive Office of Communities & Development 
(MA), Section 8 Certificate Program.
    Nature of Requirement: The regulation provides for a maximum term 
of 120 days during which a certificate-holder may seek housing to be 
leased under the program.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: February 6, 1996.
    Reason Waived: Approval of the waiver, which provided for an 
extension of the certificate term, prevented hardship to the family 
consisting of a single parent and a disabled child. The family was 
forced to move from the unit where it had received assistance after the 
owner refused to correct housing quality standards deficiencies. The 
family lives in a rural area where services are not universally 
available. The family's search for a unit was made difficult by the 
need to live where special services for the disabled son will continue 
to be available.

    Regulation: 24 CFR 982.303(b).
    Project/Activity: North Andover (MA) Housing Authority, Section 8 
Certificate Program.
    Nature of Requirement: The regulation provides for a maximum term 
of 120 days during which a certificate-holder may seek housing to be 
leased under the program.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: February 12, 1996.
    Reason Waived: Approval of the waiver, which provided an extension 
of the certificate term, prevented hardship to the family which was 
about to become homeless. The poor health of the household head 
combined with the harsh winter weather made it difficult for the family 
to find a suitable unit. The family must locate a unit that will not 
aggravate the health conditions of its head and will allow him/her to 
remain close to essential medical support services.

    Note to Reader: The person to be contacted for additional 
information about these waiver-grant items in this listing is: Joan

[[Page 41934]]

DeWitt, Director, Finance and Budget Division, Office of Public and 
Assisted Housing Operations, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, 
S.W., Room 4210, Washington, D.C. 20410, (202) 708-1872; hearing and 
speech-impaired individuals may call HUD's TTY toll-free number at 
1-800-877-8391.

    Regulation: 24 CFR 990.109(b)(3)(iv).
    Project/Activity: Housing and Redevelopment Authority of the City 
of Blue Earth, MN.
    Nature of Requirement: The regulation requires a Low Occupancy PHA 
without an approved Comprehensive Occupancy Plan to use a projected 
occupany percentage of 97%.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: March 13, 1996.
    Reason Waived: The HA was allowed to use its actual occupancy 
percentage of 83% for its fiscal year ending September 30, 1996, to 
prevent undue hardship while it continues to meet the vacancy reduction 
and modernization goals of a 5-year implementation plan.

    Regulation: 24 CFR 990.118(a)(2)(ii).
    Project/Activity: Plainfield Housing Authority, NJ. A request was 
made to permit PFS reprocessing using 93% occupancy factor due to 
extenuating factors. Its subsidy had been calculated using the standard 
97% figure.
    Nature of Requirement: The regulation limits conditions under which 
a Comprehensive Occupancy Plan can be submitted.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary for 
Public and Indian Housing.
    Date Granted: March 29, 1996.
    Reason Waived: The HA was unable to submit a timely and proper COP 
in conjunction with its December 31, 1995, Low Rent Public Housing 
Budget, due to the sudden departure of their accountant. Based on the 
extenuating circumstances, the HA was allowed to use 93% as its actual 
occupancy percentage to prevent undue hardship while it continues its 
efforts to reduce vacancies.

[FR Doc. 96-20168 Filed 8-9-96; 8:45 am]
BILLING CODE 4210-32-P