[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18236-18239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9548]
[[Page 18235]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 /
Notices
[[Page 18236]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4098-N-04]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public Notice of the Granting of Regulatory Waivers from
October 1, 1996 through December 31, 1996.
-----------------------------------------------------------------------
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-fourth 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.
(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.
For information concerning a particular waiver action for 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-fourth notice of its kind to be
published under Section 106. This notice updates HUD's waiver-grant
activity from October 1, 1996 through December 31, 1996.
For ease of reference, waiver requests granted by departmental
officials authorized to grant waivers are listed in a sequence keyed to
the section number of the HUD regulation involved in the waiver action.
For example, a waiver-grant action involving exercise of authority
under 24 CFR 91.101 (involving the waiver of a provision in 24 CFR part
91) would come early in the sequence, while waivers of 24 CFR part 990
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. 92.2 and
Sec. 92.220(a)(1)(iii) would appear sequentially in the listing under
Sec. 92.2.) 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 January 1, 1997 through
March 31, 1997.
Accordingly, information about approved waiver requests pertaining
to regulations of the Department is provided in the Appendix that
follows this notice.
Dated: March 31, 1997.
Andrew Cuomo,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development October 1,
1996 through December 31, 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 items 1 through 11, waivers granted for 24 CFR Parts 91, 92,
291, 576, and 582, 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, Hearing- and
speech-impaired persons may call HUD's TTY toll-free number at 1-
800-877-8391.
1. Regulation: 24 CFR 91.101(c)
Project/Activity: The Carson, Nevada, Consortium requested a
waiver of 24 CFR 91.101(c), of the HOME regulations, to allow for
the creation of a newly configured consortium, which would be more
likely to receive a HOME program formula allocation.
Nature of Requirement: The regulations, at 24 CFR 91.101(c),
require a three-year qualification period for participation in a
HOME consortium.
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: October 31, 1996.
Reasons Waived: The Assistant Secretary found good cause to
grant a waiver of the regulation that requires that all consortium
have a three-year qualification period.
2. Regulation: 24 CFR 92.2
Project/Activity: The City of San Fernando, California, received
an emergency supplemental appropriation for the fiscal year ending
September 30, 1994, which could only be used in one qualifying
census tract. The money could be used for acquisition,
rehabilitation, or reconstruction of earthquake-damaged multifamily
housing.
Nature of Requirement: The regulations, at 24 CFR 92.2, define
``reconstruction'' as rehabilitation on a structure standing at the
time of project commitment.
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: December 30, 1996.
Reasons Waived: The Assistant Secretary found good cause to
grant a waiver of the regulations to facilitate the obligation and
use of the emergency funds, because it was determined that the
waiver would not be inconsistent with the overall purpose of the
statute or regulation.
[[Page 18237]]
3. Regulation: 24 CFR 92.220(a)(1)(iii)
Project/Activity: The State of Idaho requested a waiver of 24
CFR 92.220(a)(1)(iii), to enable it to take credit for match on BMIR
Title I FHA insured home improvement loans, which are being used in
a State development program targeted to an urban renewal area.
Nature of Requirement: 24 CFR 92.220(a)(1)(iii), of the HOME
regulations, recognizes, as a non-federal match contribution, the
grant equivalent value of a below market interest rate (BMIR) loan
based on the present discounted cash value of the yield foregone,
provided the loan is made from funds other than funds borrowed by
the jurisdiction or agency.
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: October 16, 1996.
Reasons Waived: The waiver of Sec. 92.220(a)(1)(iii) will enable
the State to more effectively leverage its' HOME funds. Conversely,
the application of this section would adversely affect the purposes
of the Act, therefore, the waiver was granted.
4. Regulation: 24 CFR 92.220(a)(3)(iii)
Project/Activity: Prince William County, Virginia, requested a
waiver of Sec. 92.220(a)(3)(iii) of the HOME regulations.
Nature of Requirement: 24 CFR 92.220(a)(3)(iii) of the HOME
regulations requires that ``the appraisal of land and structures
must be performed by an independent, certified appraiser.''
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: November 5, 1996.
Reasons Waived: Since County appraisers are required to use the
same practices and procedures as an independent appraiser, requiring
the County to use an independent appraiser would create an
additional expense, and adversely affect the purposes of the Act.
5. Regulation: 24 CFR 92.251
Project/Activity: The State of North Dakota, 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: October 1, 1996.
Reasons Waived: The waiver was granted because the State
indicated that there was a significant duplication of effort by
requiring both HQS's and FHA Minimum Property Requirements'
inspections. The Assistant Secretary deemed that imposition of the
requirement would adversely affect the purposes of the Act.
6. Regulation: 24 CFR 92.251
Project/Activity: The State of Georgia, requested a waiver to
permit a rehabilitation project, which utilizes HOME funds, to use
FHA Single Family Minimum Property Requirements, in lieu of HQS (24
CFR 882.109), 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: October 17, 1996.
Reasons Waived: The waiver was granted because the State
indicated that the costs associated with the HQS's inspections
increases the purchase price for the prospective buyer. Also, the
logistics for the duplicate inspections and reinspections present an
unacceptable cost burden, therefore, HQS's inspections have placed
an undue administrative and cost burden on the State's private
partners. The waiver was granted because the Assistant Secretary
deemed that imposition of the requirement would adversely affect the
purposes of the Act.
7. Regulation: 24 CFR 291.400(a)
Project/Activity: The Anoka County Community Action Program,
requested a waiver of the 24-month residency for a tenant in a
single-family property leased under the single-family property
disposition homeless program.
Nature of Requirement: The regulations, at 24 CFR 291.400(a),
prohibit a non-profit organization, or a community participating in
the Single-Family Property Disposition Leasing Program, from
extending a lease to the same tenant for a period beyond 24 months.
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: November 1, 1996.
Reasons Waived: The waiver will allow two formerly homeless
families more time to find permanent housing.
8. Regulation: 24 CFR 576.21
Project/Activity: The City of Chicago, Illinois, requested a
waiver of the Emergency Shelter Grants 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: October 11, 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.
9. Regulation: 24 CFR 576.21
Project/Activity: The City of Bridgeport, Connecticut, requested
a waiver of the Emergency Shelter Grants 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: October 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.
10. Regulation: 24 CFR 576.21
Project/Activity: The City of New York, New York, requested a
waiver of the Emergency Shelter Grants 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: December 31, 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.
11. Regulation: 24 CFR 582.100(b)
Project/Activity: The Columbus Metropolitan Housing Authority of
Columbus, Ohio, requested a waiver of 24 CFR 582.100(b) because a
necessary site change would keep the housing authority from meeting
the regulatory deadline set for project completion.
Nature of Requirement: 24 CFR 582.100(b) of the Shelter Plus
Care regulations state that rehabilitation under project-based
rental assistance must be completed within twelve months from the
date of the grant award.
Granted By: Andrew Cuomo, Assistant Secretary for Community
Planning and Development.
Date Granted: November 26, 1996.
Reasons Waived: A determination was made that the deadline could
be waived because of extenuating circumstances related
[[Page 18238]]
to zoning restrictions that were beyond the control of the grantee.
For items 12 and 13, waivers granted for 24 CFR part 761,
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 (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.
12. Regulation: 24 CFR 761.30(b)
Project/Activity: Public Housing Drug Elimination Grant Program
(PHDEP) grant #IL06DEP0040194.
Nature of Requirement: Waiver of 24 CFR 761.30(b) to extend a
1994 PHDEP grant for the Springfield (Ill) Housing Authority SHA.
Granted By: Kevin Emanual Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: November 5, 1996.
Reason Waived: SHA has experienced significant administrative
changes within the past year. HUD staff on-site recommended the
submission, of a waiver request, to extend the remaining grant
funds, in order to continue the PHA's community policing
initiatives.
13. Regulation: 24 CFR 761.30(b)
Project/Activity: Public Housing Drug Elimination Grant Program
(PHDEP) grant #NJ39DEP0430194.
Nature of Requirement: Waiver of 24 CFR 761.30(b) to extend a
1994 PHDEP grant for the Edison Housing and Redevelopment Authority
(EHA).
Granted By: Kevin Emanual Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: December 12, 1996.
Reason Waived: EHA has experienced significant administrative
changes. There have been 5 Executive Directors of the Authority from
mid-1994 through April, 1995, which also caused staffing changes
through this time period. PHA had requested extension of the term of
the Drug Elimination Grant; regulatory waiver was necessary to avoid
termination and recapture of grant funds. Waiver was justified on
the basis of cited staffing changes, and incoming Executive
Director's need to become familiar with the drug program and
resources.
Grant Extension: The grant is extended to June 12, 1997.
For items 14 through 26, waivers granted for 24 CFR parts 813,
882, 901, 913, 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 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.
14. Regulation: 24 CFR 813.107(a)
Project/Activity: City of Scottsdale Housing Authority, Arizona,
Section 8 Certificate Program.
Nature of Requirement: The regulation provides that the Total
Tenant Payment for families, whose initial lease is effective on or
after August 1, 1982, shall be the highest of:
(1) 30 percent of Monthly Adjusted Income;
(2) 10 percent of Monthly Income; or
(3) The Welfare Rent.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: October 25, 1996.
Reason Waived: Approval of the waiver permitted the disabled
program participant to pay more than 30 percent of her income, as
permitted by the National Affordable Housing Act of 1990, to obtain
a unit with special amenities. This kind of exception to the 30% of
income rule is permitted in law, and makes the Section 8 certificate
program consistent with the Section 8 voucher program, but the
certificate/voucher conforming rule has not been completed, thus
necessitating waiver of the certificate regulations for this case.
15. Regulation: 24 CFR 882.605(c)
Project/Activity: Housing Authority of the City of Salem,
Oregon, Section 8 Certificate Program.
Nature of Requirement: The regulation caps the amount of rent
that can be paid for a manufactured home pad space, at 110 percent
of the applicable Fair Market Rent.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: December 24, 1996.
Reason Waived: The waiver protected the certificate-holder from
the threat of displacement and possible homelessness. Certificate
holder is a disabled elderly woman who owns her mobile home; owner
of the mobile home park increased the pad rental, and waiver was
necessary to permit the tenant to remain in place and retain
ownership of her home.
16. Regulation: 24 CFR 901.120 (a) and (b)
Project/Activity: Public Housing Management Assessment Program,
Mount Bayou Housing Authority (MBHA).
Nature of Requirement: The regulation requires Field Offices to
assess and notify each PHA of its' PHMAP score, within 180 days
after the beginning of a PHA's fiscal year.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: December 24, 1996.
Reason Waived: The MBHA's PHMAP certification contained numerous
errors. A new Executive Director was appointed, who was unaware of
the PHMAP program requirements. The initial assessment of the MBHA
was 47, which results in a failing score. As a result, it is
necessary for the Mississippi State Office to conduct a confirmatory
review of the MBHA, for its' fiscal year ending June 30, 1996. Due
to the need for a confirmatory review, a waiver was granted for an
additional 60 days, to allow the Mississippi State Office to conduct
the confirmatory review, provide technical assistance, and complete
and notify the MBHA of its' PHMAP score for its' FY ending June 30,
1996.
17. Regulation: 24 CFR 901.120 (a) and (b)
Project/Activity: Atlanta Housing Authority (AHA)--Public
Housing Management Assessment Program (PHMAP).
Nature of Requirement: The regulation requires Field Offices to
assess and notify each PHA of its' PHMAP score, within 180 days
after the beginning of a PHA's fiscal year.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date granted: December 30, 1996.
Reason waived: After the Headquarters' confirmatory review of
the AHA, the AHA met with Headquarters and agreed to provide
additional documentation to support its' score. Due to the time
necessary to receive and evaluate this material, a waiver was
granted for an additional 30 days to complete the assessment, and
notify the AHA of its' PHMAP score for its' FYE June 30, 1996.
18. Regulation: 24 CFR Part 913.107(a)
Project/activity: A request was made by the Ballinger Housing
Authority (BHA), of Ballinger, TX, 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:
(1) 30 percent of Monthly Adjusted Income;
(2) 10 percent of Monthly Income;
(3) 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
(4) The minimum rent set by the housing authority.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date granted: October 21, 1996.
Reason waived: BHA has a long history of vacancy problems. The
establishment of ceiling rents will permit the BHA to attract and
maintain more wage-earning, low-income applicants, thus improving
its financial condition and allowing it to serve more people. This
case is a request for waiver of the 30% rule for permanent
installation of ceiling rents as provided in the HDC Amendments of
1987. PHAs seeking to establish permanent ceiling rents need a
waiver of the cited regulation. PHAs can effect temporary ceiling
rents under the 1996 Continuing Resolution, but many PHAs are
electing to go for the permanent fix, rather than doing all the
calculations and notices only to have to re-implement the old 30%
rent rules at expiration of the temporary authority.
19. Regulation: 24 CFR Part 913.107(a)
Project/activity: A request was made by the Bassett Housing
Authority (BHA) of Bassett, NE, 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)
[[Page 18239]]
must charge shall be the highest of the following, rounded to the
nearest dollar:
(1) 30 percent of Monthly Adjusted Income;
(2) 10 percent of Monthly Income;
(3) 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
(4) The minimum rent set by the housing authority.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date granted: December 10, 1996.
Reason waived: The establishment of ceiling rents will permit
the BHA to attract and maintain more wage-earning, low-income
applicants, thus improving its' financial condition and allowing it
to serve more people. This case is a request for waiver of the 30%
rule for permanent installation of ceiling rents as provided in the
HDC Amendments of 1987. PHAs seeking to establish permanent ceiling
rents need a waiver of the cited regulation. PHAs can effect
temporary ceiling rents under the 1996 Continuing Resolution, but
many PHAs are electing to go for the permanent fix, rather than
doing all the calculations and notices only to have to re-implement
the old 30% rent rules at expiration of the temporary authority.
20. Regulation: 24 CFR 982.201(b)
Project/Activity: North Bend/Coos-Curry Housing Authority,
Section 8 Certificate Program.
Nature of Requirement: The regulation limits eligibility, for
both the Section 8 certificate and voucher programs, to those
specific exception categories permitted by the statute for the
voucher program.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: November 23, 1996.
Reason Waived: The waiver will permit admissions of a family
that is low-income, but not very low-income, enabling the severely
ill applicant to move to an affordable unit with adequate
ventilation.
21. Regulation: 24 CFR 982.303(b)
Project/Activity: Housing Authority of Washington County,
Oregon; Section 8 Certificate Program.
Nature of Requirement: The regulation provides for a maximum
certificate term of 120 days during which a certificate-holder may
seek housing to be leased under the program.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: October 28, 1996.
Reason Waived: Approval of the waiver prevented hardship to the
disabled certificate-holder, whose housing search was hampered by
his illness and hospitalization.
22. Regulation: 24 CFR 982.303(b)
Project/Activity: Housing Authority of Washington County,
Oregon; Section 8 Voucher Program.
Nature of Requirement: The regulation provides for a maximum
voucher term of 120 days during which a voucher-holder may seek
housing to be leased under the program.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: November 20, 1996.
Reason Waived: Approval of the waiver prevented hardship to the
disabled voucher-holder, who faced special problems in locating a
unit.
23. Regulation: 24 CFR 982.303(b)
Project/Activity: Commonwealth of Massachusetts, Division of
Housing and Community Development; Section 8 Certificate Program.
Nature of Requirement: The regulation provides for a maximum
term of 120 days during which a certificate-holder may seek housing
to be leased under the program.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: November 21, 1996'.
Reason Waived: Approval of the waiver prevented hardship to the
disabled certificate-holder who faced special problems in locating a
unit.
24. Regulation: 24 CFR 982.303(b)
Project/Activity: Commonwealth of Massachusetts, Division of
Housing and Community Development; Section 8 Certificate Program.
Nature of Requirement: The regulation provides for a maximum
certificate term of 120 days during which a certificate-holder may
seek housing to be leased under the program.
Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
Date Granted: December 6, 1996.
Reason Waived: Approval of the waiver prevented hardship to a
certificate-holder whose multiple disabilities severely limited his
ability to seek housing.
25. Regulation: 24 CFR 990.109(b)(3)(iv)
Project/Activity: Chicago, IL, Housing Authority. A request was
made to use an occupancy rate of 82%, and recalculate its' PFS
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: November 19, 1996.
Reason Waived: In order to support its current recovery efforts,
the HA was allowed to use an occupancy rate of 82% for its fiscal
year ending 12/31/96, to finance a special initiative for
maintenance improvements subject to the following conditions:
(1) The funds generated, as a result of the waiver approval, are
to be used to implement the CHA's special maintenance initiative.
Prior to funds being scheduled for payment for the initiative, the
Field Office and the CHA will update the Action Plan schedule.
(2) The updated Action Plan schedule will be incorporated as an
addendum to the current Memorandum of Agreement, and the Field
Office will monitor compliance with the Action Plan, and review
progress made on a regularly scheduled basis.
The HA was also notified that for its subsequent budget years
beginning January 1, 1997, it will be subject to the provisions of
the new Vacancy Rule, dated 2/28/96. That rule permits operating
subsidy to be paid to vacant units undergoing modernization, or
units that are vacant, for reasons beyond the Authority's control,
but sharply limits the operating subsidy that will be paid to long-
term vacant units.
26. Regulation: 24 CFR 990.109(b)(3)(iv)
Project/Activity: Springfield, IL, Housing Authority. A request
was made to use 75% for the HA's projected occupancy percentage,
when calculating the PFS 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: November 23, 1996.
Reason Waived: In order to be supportive of the current recovery
efforts, the HA was allowed to use 75% occupancy percentage to
prevent undue hardships while it continues its efforts to reduce
vacancies. The HA was also notified that for its subsequent budget
years beginning January 1, 1997, it will be subject to the
provisions of the new Vacancy Rule, dated 2/28/96.
That rule permits operating subsidy to be paid to vacant units
undergoing modernization, or units that are vacant, for reasons
beyond the Authority's control, but sharply limits the operating
subsidy that will be paid to long-term vacant units.
[FR Doc. 97-9548 Filed 4-11-97; 8:45 am]
BILLING CODE 4210-32-P