[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]]

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Part III





Department of Housing and Urban Development





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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