[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Notices]
[Pages 58110-58117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28841]
[[Page 58109]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 61, No. 219 / Tuesday, November 12, 1996 /
Notices
[[Page 58110]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4098-N-02]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public notice of the granting of regulatory waivers. Request:
April 1, 1996 through June 30, 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-second 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 purpose 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-second notice of its kind to be
published under Section 106. This notice updates HUD's waiver-grant
activity from April 1, 1996 through June 30, 1996. The document also
contains three (3) waivers that were granted October 5, 1995, December
1, 1995, and February 21, 1996, that have not previously been published
in the Federal Register.
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 17.44(d)(1) (involving the waiver of a provision in 24 CFR
part 17) 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 July 1, 1996 through
September 30, 1996.
Accordingly, information about approved waiver requests pertaining
to regulations of the Department is provided in the Appendix that
follows this notice.
Dated: November 4, 1996.
Henry G. Cisneros,
Secretary.
Appendix-- Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development, April 1,
1996 Through June 30, 1996
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly before each set of waivers granted.
For item 1, waivers granted for 24 CFR part 17, contact: John P.
Opitz, Assistant General Counsel for Training and Administrative
Law, Office of General Counsel, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 10246, Washington, DC
20410, Phone: (202) 708-0622; hearing and speech-impaired
individuals may call HUD's TTY toll free number at 1-800-877-8391.
1. Regulation: 24 CFR 17.44(d)(1)
Project/Activity: Payment of claims under the Military Personnel
and Civilian Employees' Claims Act to HUD Headquarters employees for
damage to motor vehicles as a result of mechanical or structural
failures in the Headquarters parking garage.
Nature of Requirement: HUD's regulation at 24 CFR 17.44(d)(1)
precludes payment by HUD of claims under the Military Personnel and
Civilian Employees' Claims Act of 1964, 31 U.S.C. 3721 et seq. (the
Act) for damages to an employee-owned automobile used for travel to
and from his/her duty station unless there had been prior specific
authorization from the employee's supervisor that the use of the
automobile was advantageous to the Government. The Act, however,
authorizes Executive Branch agencies to pay up to $40,000 to settle
claims of agency employees for service related damages or
destruction of personal property. The Act provides agency heads with
discretion to make such payments and requires a determination that
the possession of the property was reasonable or useful under the
circumstances.
Granted by: Henry G. Cisneros, Secretary.
Date Granted: June 13, 1996.
Reasons Granted: This waiver is for the purpose of facilitating
payment to HUD employees whose automobiles have been damaged by
malfunctioning equipment or leaks of damaging substances in the HUD
Headquarters parking garage. HUD's regulation at 24 CFR 17.44(d)(1)
is intended to preclude the payment of claims for damages incurred
while commuting, but this regulation also unreasonably precludes the
payment of claims to employees for damage to, or loss of, their
automobiles for damages which occur in the HUD Headquarters parking
garage as the result of equipment failures or leaks of damaging
substances.
For items 2 through 34, waivers granted for Public Law 102-368
and 24 CFR parts 91, 92,
[[Page 58111]]
570, 572, 574, and 576, contact: Debbie Ann Wills, Field Management
Officer, U.S. Department of Housing and Urban Development, Office of
Community Planning and Development, 451 7th Street, SW., Room 7152,
Washington, DC 20410-7000, Telephone: (202) 708-2565.
2. Regulation: Public Law 102-368
Project/Activity: Iberia Parish, Louisiana requested a waiver of
the two-year deadline to commit funds; the second allocation of
disaster funds for the Parrish.
Nature of Requirement: Under the FY 1993 HOME Program disaster
fund program, each participating jurisdiction had 24 months to
commit FY 1993 disaster funds.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 17, 1996.
Reasons Waived: The Assistant Secretary found that the waiver
would facilitate the obligation and use of the funds and would not
be inconsistent with the overall purpose of the regulation. Because
of the Parish's staffing constraints and schedule to commit funds
within a three-month period, the waiver was granted.
3. Regulation: 24 CFR 91.402
Project/Activity: The Orange County Consortium of New York
requested a waiver of 24 CFR 91.402 of the Consolidated Plan to
allow the City of Newburgh, which is a member of the Orange County
Consortium, until FY 1999 to complete the transition of the City,
aligning the start of the program year with the Consortium.
Nature of Requirement: The regulations at 24 CFR 91.402 state
that all units of local government that are members of the
consortium must be on the same program year for CDBG, HOME,
Emergency Shelter Grants (ESG), and Housing Opportunities for
Persons with Aids (HOPWA).
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 17, 1996.
Reasons Waived: The Assistant Secretary found good cause to
grant the waiver of the regulations that require that all consortium
members must have the same program start dates.
4. Regulation: 24 CFR 91.402
Project/Activity: The Contra Costa County Consortium of
California requested a waiver of 24 CFR 91.402(b) of the
Consolidated Plan regulations to allow the Consortium until FY 1998
to complete the transition of aligning the start of the program year
for all its Consortium members.
Nature of Requirement: The regulations at 24 CFR 91.402(b) state
that all units of local government that are members of the
consortium must be on the same program year for CDBG, HOME,
Emergency Shelter Grants (ESG), and Housing Opportunities for
Persons with Aids (HOPWA).
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 27, 1996.
Reasons Waived: The Assistant Secretary found good cause to
grant the waiver of the regulations that require that all Consortium
members must have the same program start dates.
5. Regulation: 24 CFR 92.2
Project/Activity: Spokane, Washington requested a waiver of the
HOME definition of a project.
Nature of Requirement: Under the HOME Program, a project can
only include more than one site if the sites are within a four-block
area of one another.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: The imposition of the four-block standard as the
definition of a project under the HOME program would adversely
affect the purposes of the National Affordable Housing Act. The
waiver will allow the sponsoring CHDO to treat the multiple sites as
one project and thus reduce its administrative burden.
6. Regulation: 24 CFR 92.2
Project/Activity: The State of Oregon, on behalf of the Oregon
Department of Housing and Community Development, requested a waiver
of 24 CFR 92.2 regulations that establish the composition of
Community Housing Development Organization (CHDO) Boards.
Nature of Requirement: 24 CFR 92.2 requires that no more than
one-third of the CHDO Board members be public officials. HUD
considers any employee of the participating jurisdiction to be a
public official.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: A determination was made that undue hardship
would result from the imposition of the definition of a public
official under the regulations which would adversely affect the
purposes of the Act.
7. Regulation: 24 CFR 92.2
Project/Activity: Columbus, Ohio requested a waiver of the HOME
definition of a project.
Nature of Requirement: Under the HOME Program, a project can
only include more than one site if the sites are within a four-block
area of one another.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 27, 1996.
Reasons Waived: The imposition of the four-block standard as the
definition of project under the HOME program would adversely affect
the purposes of the National Affordable Housing Act. The waiver will
allow the City of Columbus to designate its scattered sites as a
single HOME project.
8. Regulation: 24 CFR 92.251
Project/Activity: The State of Indiana requested a waiver to
permit rehabilitation which utilizes HOME funds to use FHA Single
Family Minimum Property Requirements in lieu of HQS for its HOME
assisted homebuyer activities.
Nature of Requirement: 24 CFR 92.251 provides that housing
assisted with HOME funds meet, at a minimum, HUD housing quality
standards (HQS) and provides other minimum standards for substantial
rehabilitation and new construction.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: The waiver was granted because the State did not
have the staff capacity to inspect all potential HOME properties for
HQS compliance throughout the State. Also, it was determined FHA's
standards are similar to HQS standards and that both address similar
conditions and ensure that properties are structurally sound and
present no health and safety issues. Therefore, it was determined
that there was good cause to grant the waiver.
9. Regulation: 24 CFR 92.251
Project/Activity: The State of Oregon requested a waiver to
permit a rehabilitation project which utilizes HOME funds to use FHA
Single Family Minimum Property Requirements in lieu of HQS for its
HOME assisted homebuyer activities.
Nature of Requirement: 24 CFR 92.251 provides that housing
assisted with HOME funds meet, at a minimum, HUD housing quality
standards (HQS) and provides other minimum standards for substantial
rehabilitation and new construction.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: The waiver was granted to allow the State to
provide emergency repairs to housing damaged by a flood which was
declared a disaster on February 9, 1996. The waiver will allow a
quicker response to flood victims to stabilize the damaged
properties.
10. Regulation: 24 CFR 92.251
Project/Activity: The State of Illinois requested a waiver to
permit rehabilitation which utilizes HOME funds to use FHA Single
Family Minimum Property Requirements in lieu of HQS for its HOME
assisted homebuyer activities.
Nature of Requirement: 24 CFR 92.251 provides that housing
assisted with HOME funds meet, at a minimum, HUD housing quality
standards (HQS) and provides other minimum standards for substantial
rehabilitation and new construction.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 27, 1996.
Reasons Waived: The waiver was granted because the State did not
have the staff capacity to inspect all potential HOME properties for
HQS compliance throughout the State. Also, it was determined FHA's
standards are similar to HQS standards and that both address similar
conditions and ensure that properties are structurally sound and
present no health and safety issues. Therefore, it was determined
that there was good cause to grant the waiver.
11. Regulation: 24 CFR 92.251
Project/Activity: The State of Idaho requested a waiver to
permit rehabilitation
[[Page 58112]]
which utilizes HOME funds to use FHA Single Family Minimum Property
Requirements in lieu of HQS for its HOME assisted homebuyer
activities.
Nature of Requirement: 24 CFR 92.251 provides that housing
assisted with HOME funds meet, at a minimum, HUD housing quality
standards (HQS) and provides other minimum standards for substantial
rehabilitation and new construction.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 27, 1996.
Reasons Waived: The waiver was granted because the State did not
have the staff capacity to inspect all potential HOME properties for
HQS compliance throughout the State. Also, it was determined FHA's
standards are similar to HQS standards and that both address similar
conditions and ensure that properties are structurally sound and
present no health and safety issues. Therefore, it was determined
that there was good cause to grant the waiver.
12. Regulation: 24 CFR 92.254(c)(3)
Project/Activity: Iowa City, Iowa requested a waiver of
requirements that the terms of the lease must be equal to the
affordability period, which is five years for this project.
Nature of Requirement: The regulations at 24 CFR 92.254(c)(3) of
the HOME program require that the purchase and/or rehabilitation of
a manufactured housing unit qualifies for affordable housing only,
if at the time of project completion, the unit is 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 that of the project's
affordability period.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 27, 1996.
Reasons Waived: The Assistant Secretary found that because Iowa
City was a college town, it was standard operating procedure to
offer no more than a one-year lease. Therefore, the imposition of
the HOME rules would present a substantial obstacle to delivering
affordable housing and the waiver was granted.
13. Regulation: 24 CFR 92.257
Project/Activity: The State of Indiana requested a waiver of the
HOME regulations at 24 CFR 92.257 to allow the City of Albany to
loan St. Elizabeth's Regional Maternity Center HOME monies to
rehabilitate two rental housing units.
Nature of Requirement: The regulations at 24 CFR 92.257 provide
that HOME funds may not be provided to primarily religious
organizations, such as churches, for any activity including secular
activities. The regulations further provide that HOME funds may not
be used to rehabilitate or construct housing by primarily religious
organizations or to assist primarily religious organizations in
acquiring housing.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 5, 1996.
Reasons Waived: The Assistant Secretary found good cause to
grant the waiver because the loan agreement for the project requires
the religious entity to operate the project in accordance with 24
CFR 570.200(j)(2) of the CDBG regulations regarding the
rehabilitation of buildings owned by primarily religious entities,
for the applicable affordability period defined in 24 CFR part 92.
14. Regulation: 24 CFR 92.258
Project/Activity: Baltimore County, Maryland 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 and Development.
Date Granted: May 3, 1996.
Reasons Waived: The application of Sec. 92.258 of the HOME
regulations to the County's program would create an undue hardship
for Baltimore County and its potential homeowners, and adversely
affect the purposes of the Act.
15. Regulation: 24 CFR 92.258
Project/Activity: The City of Fort Worth, 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 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: May 3, 1996.
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 of Fort Worth and its potential homeowners, and adversely
affect the purposes of the Act.
16. Regulation: 24 CFR 92.258
Project/Activity: The City of San Antonio, 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 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: May 17, 1996.
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 of San Antonio and its potential homeowners, and adversely
affect the purposes of the Act.
17. Regulation: 24 CFR 92.258
Project/Activity: The City of Dallas, 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 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: May 17, 1996.
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 of Dallas and its potential homeowners, and adversely
affect the purposes of the Act.
18. Regulation: 24 CFR 92.258
Project/Activity: The City of Indianapolis, Indiana 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 and Development.
Date Granted: June 27, 1996.
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 of Indianapolis and its potential homeowners, and adversely
affect the purposes of the Act.
19. Regulation: 24 CFR 92.258
Project/Activity: The Delaware County Consortium 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 and Development.
Date Granted: June 27, 1996.
Reasons Waived: The application of Sec. 92.258 of the HOME
regulations to the County's program would create an undue hardship
for the Delaware County Consortium and its potential homeowners, and
adversely affect the purposes of the Act.
20. Regulation: 24 CFR 570.208(a)(3)
Project/Activity: The City of Santa Monica, California requested
a waiver of the CDBG regulations at 24 CFR 570.208(a)(3) to permit
the City to provide CDBG funds to a private, non-profit limited
equity housing cooperative formed by the tenants of the Mountain
View Mobile Home Inn for use in purchasing the mobile home park from
the private corporation that is now the owner.
Nature of Requirement: The regulations at 24 CFR 570.208(a)(3)
require, as a general rule, that CDBG-assisted housing structures
[[Page 58113]]
principally benefit low- and moderate-income households.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 30, 1996.
Reasons Waived: The application of the regulations would create
undue hardship and adversely affect the purposes of the Act because
if the housing cooperative is not able to purchase this property,
the availability and affordability of these housing units to low-
and moderate-income persons could be lost. This would negatively
impact both the stability of the neighborhood and the income mix of
residents in the neighborhood.
21. Regulation: 24 CFR 570.208(a)(3)
Project/Activity: Lake County, Indiana requested a waiver of the
CDBG regulations at 24 CFR 570.208(a)(3).
Nature of Requirement: The regulations at 24 CFR 570.208(a)(3)
require, as a general rule, that CDBG-assisted housing structures
principally benefit low- and moderate-income households.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 24, 1996.
Reasons Waived: The application of the regulations would impair
the financial feasibility of a low- and moderate-income home
ownership program done in three phases.
22. Regulation: 24 CFR 570.606(c)(2) and 42 U.S.C. 5304(d)(2) (iii) and
(iv)
Project/Activity: The State of Florida requested a waiver of
relocation requirements for a joint buyout project with FEMA. The
waiver will eliminate the disparity in the number of months rental
assistance must be provided to displaced low- and moderate-income
persons.
Nature of Requirement: The regulations at 24 CFR 570.606(c)(2)
and 42 U.S.C. 5304(d)(2) (iii) and (iv) require that localities that
displace families offer 60 months of comparable housing payments to
low- and moderate-income families.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 17, 1996.
Reasons Waived: The waiver will result in low- and moderate-
income families receiving 42 months of comparable housing payments
for the joint FEMA/HUD project. The State received the waiver to
help it avoid excessive administrative difficulties for local
governments and to equalize the treatment of families affected by
the project.
23. Regulation: 24 CFR 572.115(a)(1)
Project/Activity: The Urban Redevelopment Authority of
Pittsburgh, Pennsylvania requested a waiver to extend the time
permitted for the transfer of HOPE 3 properties to eligible
families.
Nature of Requirement: The regulations at 24 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 and Development.
Date Granted: April 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.
24. Regulation: 24 CFR 572.115(a)(1)
Project/Activity: The New York City Housing Authority of 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 24 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 and Development.
Date Granted: May 3, 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.
25. Regulation: 24 CFR 572.115(a)(1)
Project/Activity: Mennonite Housing Services of Wichita, Kansas
requested a waiver to extend the time permitted for the transfer of
HOPE 3 properties to eligible families.
Nature of Requirement: The regulations at 24 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 and Development.
Date Granted: June 27, 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.
26. Regulation: 24 CFR 572.115(a)(1)
Project/Activity: The City of Tucson, Arizona requested a waiver
to extend the time permitted for the transfer of HOPE 3 properties
to eligible families.
Nature of Requirement: The regulations at 24 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 and Development.
Date Granted: June 27, 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.
27. Regulation: 24 CFR 574.310(b)(1)
Project/Activity: The Minnesota Department of Health, on behalf
of the Metropolitan Council Housing and Redevelopment Authority, the
project sponsor, requested a waiver that will permit it to use
Section 8 Housing Quality Standards.
Nature of Requirement: The regulations at 24 CFR 574.310(b)(1))
require grantees and project sponsors to carry out rental assistance
programs in compliance with all applicable State and local codes.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 17, 1996.
Reasons Waived: The application of the regulations would create
undue hardship and adversely affect the purposes of the Act because
the substitution is consistent with the AIDS Housing Opportunity Act
at Section 859, 42 U.S.C. 12908, which required that rental
assistance under the HOPWA program, to the extent practicable,
provide housing in the manner provided under Section 8 of the
Housing Act of 1937.
28. Regulation: 24 CFR 574.320(a)(2)
Project/Activity: The Key West Housing Authority in Florida
requested a waiver of the HOPWA regulations at 24 CFR 574.320(a)(2)
to permit one of its project sponsors to establish rental standards
for rental assistance at a rate that exceeds HUD's Section 8 fair
market rent.
Nature of Requirement: The regulations at 24 CFR 574.320(a)(2)
require that grantees and project sponsors establish rental
standards for rental assistance that are no more than the published
Section 8 fair market rent.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 26, 1996.
Reasons Waived: The application of the regulations would create
undue hardship and adversely affect the purposes of the Act because
the current fair market rates are below the actual market rents in
the area, making it impossible for the HOPWA grantee and sponsor to
procure rental units for eligible persons living with HIV/AIDS.
29. Regulation: 24 CFR 576.21
Project/Activity: The City of Fall River, Massachusetts
requested a waiver of the Emergency Shelter Grants (ESG) regulations
at 24 CFR 576.21.
Nature of Requirement: The City requested a waiver of the ESG
expenditure limitation on essential services.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 percent cap on essential services
[[Page 58114]]
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 a letter 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 576.21
Project/Activity: The City of Miami, Florida requested a waiver
of the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
Nature of Requirement: The City requested a waiver of the ESG
expenditure limitation on essential services.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 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 a letter 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.
31. Regulation: 24 CFR 576.21
Project/Activity: The City of Lancaster, Pennsylvania requested
a waiver of the Emergency Shelter Grants (ESG) regulations at 24 CFR
576.21.
Nature of Requirement: The City requested a waiver of the ESG
expenditure limitation on essential services.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 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 a letter 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.
32. Regulation: 24 CFR 576.21
Project/Activity: The State of Wisconsin requested a waiver of
the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
Nature of Requirement: The City requested a waiver of the ESG
expenditure limitation on essential services.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 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 provided a letter 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.
33. Regulation: 24 CFR 576.21
Project/Activity: Albany, New York requested a waiver of the
Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
Nature of Requirement: The City requested a waiver of the ESG
expenditure limitation on essential services.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: June 17, 1996.
Reasons Waived: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 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 a letter 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.
34. Regulation: 24 CFR 576.55(a)(2)(ii)
Project/Activity: The Borough of State College, Pennsylvania
requested a waiver of the Emergency Shelter Grants (ESG) regulations
at 24 CFR 576.55(a)(2)(ii).
Nature of Requirement: The Stewart B. McKinney Homeless
Assistance Act requires that each State recipient spend all of its
grant amount within 24 months of the date on which the State made
the grant amounts available to the State recipient.
Granted by: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: May 3, 1996.
Reasons Waived: The Borough received a waiver of the 24-month
ESG expenditure deadline because it needed to expand the shelter and
provide the necessary facilities to accommodate homeless families
and handicapped individuals. Therefore, the homeless population
would suffer undue hardship without the renovation and expansion
monies from the ESG needed for the expansion and renovation of this
facility.
For items 35 through 38, waivers granted for 24 CFR parts 220
and 811, contact: 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.
35. Regulation: 24 CFR 811.106(d) and 811.107(d) of the 1977
Regulations, and 811.107(b), 811.114(b)(3), 811.114(d), and 811.115(b)
of the 1979 Regulations
Project/Activity: The Elkhart, Indiana HFA refunding of bonds
which financed an uninsured Section 8 assisted project, Stratford
Commons, HUD Project No. IN36-0053-0044.
Nature of Requirement: The regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation.
Granted by: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 2, 1996.
Reasons Waived: The part 811 regulations cited above prohibited
refundings and required that excess reserve balances be used for
project purposes. The issuer has requested HUD permission to release
excess reserve balances from the 1979 Trust Indenture for use in
paying transaction costs of this McKinney Act refunding and
generating funds for Project repairs and maintenance.
36. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3),
811.114(b)(3), 811.114(d), and 811.115(b); 24 CFR 220.751 and 220.760
Project/Activity: The White Plains, New York refunding of bonds
which financed a Section 8 assisted project, Armory Plaza
Apartments, FHA No. 012-32230.
Nature of Requirement: The regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation.
Granted by: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 29, 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 HFA 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 October
31, 1995. Refunding bonds have been priced to an average yield of
6.75%. The tax-exempt refunding bond issue of $3,995,000 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 1996 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 7.2%, thus
reducing FHA mortgage insurance risk, and provide $128,000 for
project repairs. The refunding serves the important public purposes
of reducing HUD's Section 8 program costs, improving Treasury tax
revenues, (helping reduce the budget deficit), and increasing the
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
[[Page 58115]]
37. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3),
811.114(b)(3), 811.114(d), and 811.115(b); 24 CFR 220.751 and 220.760
Project Activity: The White Plains, New York refunding of bonds
which financed a Section 8 assisted project, Battle Hill Apartments,
FHA No. 012-57286.
Nature of Requirement: The regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation.
Granted by: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: April 29, 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 HFA 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 October
31, 1995. Refunding bonds have been priced to an average yield of
6.75%. The tax-exempt refunding bond issue of $3,360,000 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
rates at expiration of the HAP contract, from 9.8% to 7.2%, thus
reducing FHA mortgage insurance risk, and provide $83,000 for
project repairs. The refunding serves the important public purposes
of reducing HUD's Section 8 program costs, improving Treasury tax
revenues, (helping reduce the budget deficit), and increasing the
likelihood that projects will continue to provide housing for low-
income families after subsidies expire, a priority HUD objective.
38. Regulation: 24 CFR 811.107(a)(2), 811.108(a)(1), 811.108(a)(3),
811.114(b)(3), 811.114(d), and 811.115(b)
Project/Activity: The Utica, New York Housing Authority
refunding of bonds which financed a Section 8 assisted project,
Steinhorst Elderly Apartments, FHA No. 013-35077.
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: May 10, 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 January 31, 1996. Refunding bonds have been
priced to an average yield of 6.90%. The tax-exempt refunding bond
issue of $3,510,000 at current low-interest rates will save Section
8 subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 10.5% at
the call date in 1997 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
10.48 to 7.25%, thus reducing FHA mortgage insurance risk. The
refunding serves the important public purposes of reducing HUD's
Section 8 program costs, improving Treasury tax revenues, (helping
reduce the budget deficit), and increasing the likelihood that
projects will continue to provide housing for low-income families
after subsidies expire, a priority HUD objective.
For items 39 through 41, waivers granted for 24 CFR part 913,
contact: Mary Ann Russ, Deputy Assistant Secretary for Public and
Assisted Housing Operations, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 Seventh Street,
S.W., Room 4204, Washington, DC 20410, (202) 708-1380 (This is not a
toll-free number), Hearing- and speech-impaired persons may call
HUD's TTY toll-free number at 1-800-877-8391.
39. Regulation: 24 CFR 913.107(a)
Project/Activity: A request was made by the Housing Authority of
Anniston (HAA) of Anniston, AL, to permit the establishment of
ceiling rents for its entire low-rent inventory.
Nature of Requirement: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: 30 percent of Monthly Adjusted
Income; 10 percent of Monthly Income; if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated;
or the minimum rent as set by the housing authority.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: April 10, 1996.
Reason Waived: HHA has had a sustained vacancy problem for
several years. The establishment of ceiling rents will enable HHA to
address its vacancy problem by improving its marketability to
potential applicants.
40. Regulation: 24 CFR 913.107(a)
Project/Activity: A request was made by the Stevenson Housing
Authority (SHA), Stevenson, AL, to permit the establishment of
ceiling rents for its entire low-rent inventory.
Nature of Requirement: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: 30 percent of Monthly Adjusted
Income; 10 percent of Monthly Income; if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated;
or the minimum rent set by the housing authority.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: May 15, 1996.
Reason Waived: SHA has experienced turnover due to residents
leaving when their rents begin to exceed those on the private
market. The establishment of ceiling rents will enable SHA to keep
working and rent paying residents.
41. Regulation: 24 CFR 913.107(a)
Project/Activity: A request was made by the Woonsocket Housing
Authority (WHA) of Woonsocket, Rhode Island, to permit the
establishment of ceiling rents for its entire low-rent inventory.
Nature of Requirement: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: 30 percent of Monthly Adjusted
Income; 10 percent of Monthly Income; if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated;
or the minimum rent set by the housing authority.
Granted by: Kevin Emanual Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: May 23, 1996.
Reason Waived: The establishment of ceiling rents will permit
WHA to retain higher-income working families. The inclusion of
working families will establish role models in their developments.
It will also serve as an incentive for residents to find employment
without the fear of dramatic rental increases.
For items 42 through 44, waivers granted for 24 CFR part 950,
contact: 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.
42. Regulation: 24 CFR 950.325
Project/Activity: Establishment of ceiling rents for Absentee
Shawnee Housing Authority, Caddo Tribal Housing Authority, and Sac
and Fox Housing Authority of Kansas.
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: July 19, 1996.
Reason Waived: This waiver was requested and granted to allow
the Housing Authorities cited above to establish ceiling rents for
their low rent program in accordance with PIH Notices 89-21 and 95-
68, which provide for the establishment of ceiling rents in a low
rent Indian housing program and the use of actual debt service.
[[Page 58116]]
43. Regulation: 24 CFR 950.325
Project/Activity: Establishment of ceiling rents for Chehalis
Tribal 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: July 19, 1996.
Reason Waived: This waiver was requested and granted to allow
the Chehalis Tribal Housing Authority to establish ceiling rents for
their low rent program in accordance with PIH Notices 89-21 and 95-
68, which provide for the establishment of ceiling rents in a low
rent Indian housing program and the use of actual debt service.
44. Regulation: 24 CFR 950.325
Project/Activity: Establishment of ceiling rents for Kickapoo
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: July 19, 1996.
Reason Waived: This waiver was requested and granted to allow
the Kickapoo Housing Authority to establish ceiling rents for their
low rent program in accordance with PIH Notices 89-21 and 95-68,
which provide for the establishment of ceiling rents in a low rent
Indian housing program and the use of actual debt service.
For items 45 through 48, waivers granted for 24 CFR parts 961
and 964, contact: Gloria J. Cousar, Deputy Assistant Secretary,
Office of Community Relations and Involvement, Department of Housing
and Urban Development, 451 7th Street, SW., Room 4126, Washington,
DC 20410-5000, (202) 619-8702.
45. Regulation: 24 CFR Part 961
Project/Activity: Kingsport Housing Authority (KHA), Kingsport,
Tennessee.
Nature of Requirement: 24 CFR part 961 prohibits the use of
Public Housing Drug Elimination Program (PHDEP) grant funds for the
purchase of a vehicle.
Granted by: Kevin Emanuel Marchman, Deputy Assistant Secretary,
Distressed and Troubled Housing.
Date Granted: February 21, 1996.
Reason Waived: The housing authority stated it intends to use a
vehicle to support a variety of drug elimination activities. The
authority has shown good cause and demonstrated compliance with
applicable regulatory requirements and it was found there was good
cause to grant a waiver of 24 CFR part 961 to purchase a vehicle.
46. Regulation: 24 CFR Part 961
Project/Activity: Housing Authority of the City of Bainbridge,
Georgia.
Nature of Requirement: Waiver of 24 CFR part 961 to extend the
term of the grant through June 30, 1996, and to reprogram PHDEP
funds.
Granted by: Michael B. Janis, General Deputy Assistant
Secretary.
Date Granted: December 1, 1995.
Reason Waived: To extend PHDEP grant #GA06DEP0640192 and
reprogram PHDEP funds. The authority has shown good cause and
demonstrated compliance with applicable regulatory requirements and
it was found there was good cause to grant a waiver of 24 CFR part
961.
47. Regulation: 24 CFR 961.10(b)(6)
Project/Activity: Richmond Redevelopment and Housing Authority.
Nature of Requirement: 24 CFR 961.10(b)(6) limits drug
prevention, intervention and treatment programs to reduce the use of
drugs.
Granted by: Michael B. Janis, General Deputy Assistant
Secretary.
Date Granted: October 5, 1995.
Reason Waived: To facilitate drug prevention, intervention and
treatment efforts, to include outreach to community resources and
youth activities, and facilitate bringing these resources onto the
premises, or providing resident referrals to treatment programs or
transportation to out-patient treatment programs away from the
premises.
48. Regulation: 24 CFR 964.215(b)
Project/Activity: Public Housing Resident Management Program,
Technical Assistance Grant Neighborhood Residents at Work, Inc.
(GAO6RMA0020193).
Nature of Requirement: Waiver of 24 CFR 964.215(b) to extend the
term of the grant through May 31, 1997.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: July 1, 1996.
Reason Waived: The Housing Authority of Savannah requested
waiver of the FY 1993 Public Housing Resident Management Program,
Technical Assistance Grant for the Neighborhoods at Work, Inc.,
(NWI). The request is made to permit NWI to expend the remainder of
its FY 1993 grant funds.
For items 49 through 59, waivers granted for 24 CFR part 966,
982, and 990, contact: Mary Ann Russ, Deputy Assistant Secretary,
Office of Public and Assisted Housing Operations, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 4226,
Washington, DC 20410, (202) 708-1842 (This is not a toll-free
number), Hearing- and speech-impaired persons may call HUD's TTY
toll-free number at 1-800-877-8391.
49. Regulation: 24 CFR 966.4(e)
Project/Activity: A request was made by Vivienda Administracion
De Vivienda Publica, San Juan, PR, to assign eligible families to
dwelling units requiring minor repairs.
Nature of Requirement: A public housing agency is obligated
under 24 CFR 966.4, to maintain dwelling units and projects in
decent, safe and sanitary condition; comply with requirements of
applicable building codes, housing codes, and Departmental rules
materially affecting health and safety; and make necessary repairs
to dwelling units. HUD expects that prior to assigning eligible
families to dwellings, the public housing agency would make every
effort to ensure that units are fully ready for occupancy and comply
with the aforementioned lease provisions.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: April 4, 1996.
Reason Waived: The Administracion De Vivienda Publica has had
problems of vandalism, illegal occupation of dwellings, and drug-
related criminal activity in many units that are currently vacant
awaiting repairs prior to resident occupancy. By assigning families
to these dwellings when they initially become vacant, these problems
can be minimized. Due to the unique and unusual circumstances
experienced by this agency, the provisions of 24 CFR 966.4(e) were
waived. Material deficiencies in units should be corrected within a
reasonable period following occupancy by a family.
50. Regulation: 24 CFR 982.153(b)(11)
Project/Activity: Housing Authority of Washington County,
Oregon; Section 8 Certificate Program.
Nature of Requirement: The regulations provide that the housing
agency (HA) must inspect the unit at least annually during the
assisted tenancy to insure that the unit continues to meet the
Section 8 housing quality standards (HQS).
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: May 30, 1996.
Reason Waived: A family member suffers from obsessive compulsive
disorder. If HQS inspections are conducted by an HA inspector, the
family member could suffer a fatal panic attack. This waiver allows
the HA to delegate to a family member the responsibility to annually
inspect the unit.
51. Regulation: 24 CFR 982.303(b)
Project/Activity: The Massachusetts Executive Office of
Communities and Development; Section 8 Certificate Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: April 25, 1996.
Reason Waived: The certificate-holder faced special problems in
locating a unit as a result of a medical condition. This waiver
allows the family additional time to find an accessible unit.
52. Regulation: 24 CFR 982.303(b)
Project/Activity: Department of Housing Services of Washington
County, Oregon; Section 8 Certificate Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 21, 1996.
Reason Waived: The certificate-holder was disabled by a serious
illness for two months
[[Page 58117]]
which limited the family's ability to locate a unit. This waiver
allows the family additional time to find a unit.
53. Regulation: 24 CFR 982.303(b)
Project/Activity: Department of Housing Services of Washington
County, Oregon; Section 8 Certificate Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 21, 1996.
Reason Waived: A disabled family was able to find a suitable
unit, but the request for lease approval could not be submitted
before the maximum certificate term had been reached. Because of the
difficulty in locating a suitable unit due to their disabilities,
this waiver allows the family to complete the paperwork on the unit.
54. Regulation: 24 CFR 982.303(b)
Project/Activity: Boston Housing Authority, Massachusetts;
Section 8 Rental Voucher Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 21, 1996.
Reason Waived: This family is assigned to the experimental group
in the Moving to Opportunity Program and receives special counseling
to assist in the housing search, but has been unable to find
suitable housing due to special problems. This waiver allows the
family additional time to find suitable housing.
55. Regulation: 24 CFR 982.303(b)
Project/Activity: Boston Housing Authority, Massachusetts;
Section 8 Rental Voucher Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 21, 1996.
Reason Waived: This family is assigned to the experimental group
in the Moving to Opportunity Program and receives special counseling
to assist in the housing search, but has been unable to find
suitable housing due to medical problems. This waiver allows the
family additional time to find suitable housing.
56. Regulation: 24 CFR 982.303(b)
Project/Activity: Boston Housing Authority, Massachusetts;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 27, 1996.
Reason Waived: The certificate-holder underwent surgery and
required bed rest during recovery which limited the certificate-
holder's ability to search for a unit before the certificate term
expired. This waiver allows the family additional time to find
suitable housing.
57. Regulation: 24 CFR 982.303(b)
Project/Activity: Boston Housing Authority, Massachusetts;
Section 8 Certificate Program.
Nature of Requirement: The regulations provide for a maximum
term of 120 days during which a certificate- or voucher-holder may
seek housing to be leased under the program.
Granted by: Kevin E. Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date Granted: June 27, 1996.
Reason Waived: This family is assigned to the experimental group
in the Moving to Opportunity Program and receives special counseling
to assist in the housing search, but has been unable to find
suitable housing due to a serious illness. This waiver allows the
certificate-holder additional time to find suitable housing.
58. Regulation: 24 CFR 990.109(b)(3)(iv)
Project/Activity: Oglesby Housing Authority, TX. A request was
made to use the HA's actual occupancy rate and recalculate its
operating subsidy eligibility.
Nature of Requirement: The regulation requires a Low Occupancy
PHA without an approved Comprehensive Occupancy Plan to use a
projected occupancy percentage of 97%.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: June 6, 1996.
Reason Waived: The HA was allowed to use its actual occupancy
percentage of 64% for its fiscal year ending June 30, 1996, because
of low operating reserves.
59. Regulation: 24 CFR 990.109(b)(3)(iv)
Project/Activity: Waynoka Housing Authority, OK. A request was
made to use the HA's actual occupancy rate and recalculate its
operating subsidy eligibility.
Nature of Requirement: The regulation requires a Low Occupancy
PHA without an approved Comprehensive Occupancy Plan to use a
projected occupancy percentage of 97%.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: June 21, 1996.
Reason Waived: The HA was allowed to use its actual occupancy
percentage of 83% for its fiscal year ending December 30, 1996,
because of considerable fluctuation in the agency's occupancy rate.
[FR Doc. 96-28841 Filed 11-8-96; 8:45 am]
BILLING CODE 4210-32-P