[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42632-42635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20889]



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Part III





Department of Housing and Urban Development





_______________________________________________________________________



Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / 
Notices  

[[Page 42632]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4250-N-01]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of Regulatory Waivers from 
January 1, 1997 through March 31, 1997.

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SUMMARY: Under the Department of Housing and Urban Development Reform 
Act of 1989 (Reform Act), HUD is required to make public all approval 
actions taken on waivers of regulations. This notice is the twenty-
fifth 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 or speech-impaired persons 
may access this number via TTY by calling the toll-free Federal 
Information Relay Service 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 HUD. 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 HUD 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-fifth notice of its kind to be 
published under Section 106. This notice updates HUD's waiver-grant 
activity from January 1, 1997 through March 31, 1997.
    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 51.102 (involving the waiver of a provision in 24 CFR part 
51) would come early in the sequence, while waivers of 24 CFR part 982 
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. 51.1 and 
Sec. 51.102(a)(3) would appear sequentially in the listing under 
Sec. 51.1.) Waiver-grant actions involving the same initial regulatory 
citation are in time sequence beginning with the earliest-dated waiver 
grant action.
    Should HUD receive additional reports of waiver actions taken 
during the period covered by this report before the next report is 
published, the next updated report will include these earlier actions, 
as well as those that occur between April 1, 1997 through June 30, 
1997.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: July 31, 1997.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development January 
1, 1997 through March 31, 1997

    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, Waiver Granted For 24 CFR Part 266, Contact: Linda 
Cheatham, Director, Office of Insured Multifamily Housing 
Development, Department of Housing and Urban Development, 451 
Seventh Street, SW, Room 6134, Washington, DC 20410-7000; telephone 
(202) 708-3000 (this is not a toll-free number). Hearing or speech-
impaired persons may access this number via TTY by calling the 
Federal Information Relay Service at 1-800-877-8391.
    1. Regulation: 24 CFR 266.200(g).
    Nature of Requirement: Defines ``elderly projects'' as those 
designed for use and occupancy by ``elderly families.'' An elderly 
family is defined as a household where the head or spouse is 62 
years of age or older or a single person who is 62 years of age or 
older.
    Granted By: Nicolas P. Retsinas, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: February 24, 1997.
    Reasons Waived: To facilitate development of an independent 
senior housing complex to be occupied, generally, by persons 55 
years of age or older.
    For Item 2 Through 13, Waivers Granted for 24 CFR Parts 51, 91, 
92, 511, 574, 576, and 583, Contact: Debbie Ann Wills, Field 
Management Officer, 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 
(this is not a toll-free number). Hearing or speech-impaired persons 
may access this number via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8391.
    2. Regulation: 24 CFR 51.102(a)(3).
    Project/Activity: The City of Portland, Oregon, requested, on 
behalf of the developers, a waiver of the Environmental Impact 
Statement (EIS) requirement for a project exposed to unacceptable 
noise levels.
    Nature of Requirement: 24 CFR 51.102(a)(3) of HUD's 
environmental regulations requires that an EIS be prepared when a 
proposed project would be exposed to unacceptable noise levels.
    Granted By: Howard Glaser, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: January 28, 1997.
    Reasons Waived: The waiver of 24 CFR 51.102(a)(3) will enable 
the project to proceed because it was determined that noise was the 
only environmental issue, and no outdoor noise sensitive use would 
take place.

[[Page 42633]]

    3. Regulation: 24 CFR 91.402(a) and (b).
    Project/Activity: Cook County, Illinois, requested a waiver of 
the consolidated plan regulations, to allow the Village of Oak Park 
to maintain a program year that is separate from the program year of 
its other consortia members.
    Nature of Requirement: 24 CFR 91.402(a) and (b), of the 
consolidated plan regulations, requires that units of local 
government that are members of a consortium have the same program 
year for the Community Development Block Grant (CDBG) program, the 
HOME Investment Partnerships (HOME) program, the Emergency Shelter 
Grants (ESG) program, and the Housing Opportunities for Persons with 
AIDS (HOPWA) program.
    Granted By: Howard Glaser, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: January 15, 1997.
    Reasons Waived: The Assistant Secretary determined that 
compliance with the requirement would constitute a hardship on the 
Village of Oak Park; therefore, the waiver was granted.
    4. Regulation: 24 CFR 92.205(a)(4) and 24 CFR 92.209(j)(5).
    Project/Activity: The State of North Dakota requested a waiver 
of the HOME program regulations (24 CFR part 92) to allow the State 
to have a security deposit program for a mobile home park.
    Nature of Requirement: The HOME regulations at 24 CFR 
92.205(a)(4) provide that when HOME funds are used to assist a new 
owner with the acquisition of a manufactured housing unit which is 
placed on a rented lot, the owner must have a lease for a period 
equal to the applicable period of affordability. The regulation at 
24 CFR 92.209(j)(5) provides that the general requirements of the 
HOME program regulations at 24 CFR 92.209 are also applicable to 
HOME program funds provided as a security deposit.
    Granted By: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    Reasons Waived: The Assistant Secretary deemed that imposition 
of the regulatory requirements would adversely affect the purposes 
of the HOME program, because they would place an undue 
administrative burden on the State of North Dakota.
    5. Regulation: 24 CFR 92.214(a)(8).
    Project/Activity: Clark County, Washington, requested a waiver 
of 24 CFR 92.214(a)(8) to allow for the acquisition of two county-
owned houses to provide non-profit sponsored housing for persons 
with disabilities.
    Nature of Requirement: The HOME program regulations at 24 CFR 
92.214(a)(8) prohibit the use of HOME funds to pay for the 
acquisition of property owned by the participating jurisdiction.
    Granted By: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    Reasons Waived: The Assistant Secretary found good cause to 
grant a waiver of the regulation because the County did not have 
clear title to the properties. Specifically, the County is obligated 
to reimburse the funding source upon sale of the properties. The 
primary purpose of the HOME funds was to enable the non-profit 
organizations to purchase properties which they are currently 
renting.
    6. Regulation: 24 CFR 92.251, 24 CFR 92.253(e), and 24 CFR 
92.303.
    Project/Activity: The State of California requested a waiver of 
certain HOME program regulations applicable to HOME funds designated 
to address flood damage in a Presidentially-declared disaster area.
    Nature of Requirement: The HOME program regulations are located 
in 24 CFR part 92. Three provisions of the HOME regulations were 
affected by this waiver: (1) 24 CFR 92.251, which establishes the 
maximum per-unit subsidy for disaster-damaged properties; (2) 24 CFR 
92.253(e), which establishes the criteria for written tenant 
selection rules; and (3) 24 CFR 92.303, which outlines the tenant 
participation plan for Community Housing Development Organization 
projects.
    Granted By: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 27, 1997.
    Reasons Waived: The three cited regulatory provisions were 
waived by the Assistant Secretary, so that HOME funds could be 
tailored to address damage in Federally declared disaster areas.
    7. Regulation: 24 CFR 511.76(h)(1).
    Project/Activity: The State of Wisconsin requested a waiver to 
permit Rental Rehabilitation recipients that have committed and 
disbursed 100 percent of their Rental Rehabilitation funds to use 
their accumulated program income.
    Nature of the Requirement: HUD's regulation at 24 CFR 
511.76(h)(1) states that program income must be used for any 
eligible Rental Rehabilitation activity (except administrative costs 
and rental assistance) until program closeout occurs. Program 
closeout occurs when all grant funds for all program years have been 
expended and the annual performance report covering the last program 
year has been submitted to HUD.
    Granted By: Howard Glaser, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: January 8, 1997.
    Reasons Waived: The waiver was granted because: (1) most of the 
State's recipients had committed and disbursed 100 percent of their 
Rental Rehabilitation grant funds; (2) the State's performance was 
good in implementing the program; and (3) the State's recipients 
were working to diligently complete all activities. Further, the 
waiver allowed the recipients to use program income for HOPE, HOME, 
and CDBG program activities.
    8. Regulation: 24 CFR 574.320(a)(2).
    Project/Activity: The City of Key West, Florida requested a 
waiver to increase the Fair Market Rent (FMR) in its Housing for 
Person with AIDS (HOPWA) rental assistance program.
    Nature of Requirement: HUD's regulation at 24 CFR 574.320(a)(2) 
provides that providers of rental housing assisted with HOPWA funds 
cannot charge rents that exceed the current Section 8 FMR.
    Granted By: Howard Glaser, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: January 28, 1997.
    Reasons Waived: The waiver was granted because the City 
documented that the rents presently received for efficiency and one 
bedroom units in the private market were significantly higher than 
the published FMRs.
    9. Regulation: 24 CFR 576.21.
    Project/Activity: The City of Fort Wayne, Indiana requested a 
waiver of the Emergency Shelter Grants (ESG) program regulations at 
24 CFR 576.21.
    Nature of Requirement: The City requested a waiver of the ESG 
expenditure limitation on essential services.
    Granted By: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    Reasons Waived: Under the Stewart B. McKinney Homeless 
Assistance Act, as 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. Accordingly, it was determined that the waiver was 
appropriate.
    10. Regulation: 24 CFR 576.21.
    Project/Activity: The City of Mount Vernon, 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: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    Reasons Waived: Under the Stewart B. McKinney Homeless 
Assistance Act, as 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. Accordingly, it was determined that the waiver was 
appropriate.
    11. Regulation: 24 CFR 576.21.
    Project/Activity: The City of Binghamton, 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: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    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 42634]]

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. Accordingly, it was determined 
that the waiver was appropriate.
    12. Regulation: 24 CFR 576.21.
    Project/Activity: Lancaster County, Pennsylvania requested a 
waiver of the Emergency Shelter Grants (ESG) regulations at 24 CFR 
576.21.
    Nature of Requirement: The County requested a waiver of the ESG 
expenditure limitation on essential services.
    Granted By: Jacquie M. Lawing, General Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: March 4, 1997.
    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 County provided a letter that demonstrated that 
other categories of ESG activities will be carried out locally with 
other resources. Accordingly, it was determined that the waiver was 
appropriate.
    13. Regulation: 24 CFR 583.150(b).
    Project/Activity: The 1260 Housing Development Corporation of 
Philadelphia, Pennsylvania requested a waiver of 24 CFR 583.150(b) 
of the Supportive Housing Program regulations.
    Nature of Requirement: Section 583.150(b) of the Supportive 
Housing regulations precluded a resident of a supportive housing 
project from receiving Section 8 assistance during the HUD grant 
period.
    Granted By: Howard Glaser, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: January 28, 1997.
    Reasons Waived: This regulatory restriction provision was later 
removed from HUD's Supportive Housing regulations (and is therefore 
inapplicable to subsequent rounds of this competitive program). The 
waiver was granted because the recipient did not plan to use the 
funds for operations, and the Section 8 certificates would be sought 
only after the resident entered the program.
    For Items 14 Through 18, Waivers Granted for 24 CFR Part 761, 
Contact: Gloria Cousar, Deputy Assistant Secretary for Community 
Relations and Involvement, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Room 4126, Washington, DC 20410; telephone (202) 619-8201 (this is 
not a toll-free number). Hearing or speech-impaired persons may 
access this number by calling the toll-free Federal Information 
Relay Service at 1-800-877-8339.
    14. Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Drug Elimination Program 
(PHDEP); Grant # NY06DEP0440195.
    Nature of Requirement: Waiver of 24 CFR 761.30(b) in order to 
extend a FY 1995 PHDEP grant for a period of 6 months.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: February 11, 1997.
    Reason Waived: The Housing Authority of Geneva (Geneva, NY) 
requested the 6 month waiver in order to complete contractual 
agreements regarding PHDEP law enforcement activities.
    15. Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Drug Elimination Grant Program 
(PHDEP); Grant # NY06DEP0250194.
    Nature of Requirement: Waiver of 24 CFR 761.30(b) in order to 
extend a FY 1994 PHDEP grant for a period of 6 months.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: February 11, 1997.
    Reason Waived: The waiver was necessary in order to permit the 
Watervliet Housing Authority (Watervliet, NY) to complete 
contractual agreements related to PHDEP resident activities.
    16. Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Youth Sports Program; Grant # 
PA26YSP0380194.
    Nature of Requirement: Waiver of 24 CFR 761.30(b) to extend a 
1994 Youth Sports Program grant for the Lackawanna County Housing 
Authority.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: March 12, 1997.
    Reason Waived: The Lackawanna County Housing Authority was 
unable to complete the winter sports component of its grant due to 
unseasonably warm weather. The waiver was necessary in order for the 
housing authority to continue its youth sports activities.
    17. Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Youth Sports Program; Grant No. 
#NH36YSP0010194.
    Nature Of Requirement: Waiver of 24 CFR 761.30(b) to extend a 
1994 Youth Sports Program Grant for the Manchester Housing and 
Redevelopment Authority.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: March 18, 1997.
    Reason Waived: There was a clerical error on the HUD Form-1044 
causing a delay in the ability of the Manchester Housing and 
Redevelopment Authority to expend obligated funds.
    18. Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Drug Elimination Grant Program 
(PHDEP).
    Nature Of Requirement: Waiver of 24 CFR 761.30(b) to extend a FY 
1994 PHDEP grant for a period of 8 months.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: March 20, 1997.
    Reason Waived: The Boston Housing Authority required an 8 month 
waiver, in order to complete contractual agreements relative to 
PHDEP law enforcement and physical improvements.
    For Items 19 Through 31, Waivers Granted For 24 CFR Parts 913 
and 982, Contact: Madeline Hastings, Deputy Director, Office of 
Public and Assisted Housing Operations, Department of Housing and 
Urban Development, 451 Seventh Street, SW, Room 4204, Washington, DC 
20410; telephone (202) 708-1380 (this is not a toll-free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the toll-free Federal Information Relay Service at 1-800-
877-8391.
    19. Regulation: 24 CFR 913.107(a)
    Project/Activity: A request was made by the Chicago Housing 
Authority (CHA), of Chicago, IL, 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: (1) 
30 percent of the family's monthly adjusted income; (2) 10 percent 
of the family's monthly income; (3) if the family receives welfare 
assistance which is subject to adjustment in accordance with actual 
housing costs, the portion of that welfare assistance specifically 
designated for housing costs; or (4) the minimum rent set by the 
PHA.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: February 25, 1997.
    Reason Waived: The establishment of ceiling rents will ease the 
rent burden on working families residing in public housing and will 
permit CHA to attract wage-earning, low-income applicants.
    20. Regulation: 24 CFR 913.107(a)
    Project/Activity: A request was made by the Stevens Point 
Housing Authority (SPHA) of Stevens Point, WI, to permit the 
establishment of ceiling rents for certain of its hard-to-rent 
units.
    Nature Of Requirement: The total tenant payment a public housing 
agency (PHA) must charge shall be the highest of the following: (1) 
30 percent of the family's monthly adjusted income; (2) 10 percent 
of the family's monthly income; (3) if the family receives welfare 
assistance which is subject to adjustment in accordance with actual 
housing costs, the portion of that welfare assistance specifically 
designated for housing costs; or (4) the minimum rent set by the 
PHA.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: March 14, 1997.
    Reason Waived: The establishment of ceiling rents will permit 
SPHA to reduce their vacancy rate, and attract a wider range of low-
income families.
    21. Regulation: 24 CFR 982.303(b)
    Project/Activity: Housing Authority and Urban Renewal Agency of 
Lane County, Oregon; Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: January 23, 1997.
    Reason Waived: Approval of the waiver prevented hardship and 
compensated the

[[Page 42635]]

voucher holder for search time lost as a result of a natural 
disaster. The area where the voucher holder was seeking housing 
became inaccessible as a result of severe flooding.
    22. Regulation: 24 CFR 982.303(b)
    Project/Activity: Josephine Housing and Community Development 
Council, Oregon; Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: January 23, 1997.
    Reason Waived: Approval of the waiver prevented hardship for the 
certificate holder (a quadriplegic with two young children) who had 
been unable to seek housing while recuperating after surgery.
    23. Regulation: 24 CFR 982.303(b)
    Project/Activity: Idaho Housing and Finance Association; Section 
8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: January 28, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder and his family. The family's housing 
search in a rural area with few large units was hampered by the poor 
health of the household head and by the unavailability of reliable 
transportation.
    24. Regulation: 24 CFR 982.303(b)
    Project/Activity: King County Housing Authority, Washington; 
Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: January 28, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
certificate holder, whose housing search was hampered by severe 
injuries received during a criminal assault.
    25. Regulation: 24 CFR 982.303(b)
    Project/Activity: Quincy Housing Authority, Massachusetts; 
Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: February 18, 1997.
    Reason Waived: Approval of the waiver made it possible for the 
disabled certificate holder to be united with her three minor 
children.
    26. Regulation: 24 CFR 982.303(b)
    Project/Activity: Boston Housing Authority, Massachusetts; 
Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: February 18, 1997.
    Reason Waived: Approval of the waiver prevented hardship for the 
disabled certificate holder whose housing choices were limited due 
to his progressive arthritic condition.
    27. Regulation: 24 CFR 982.303(b)
    Project/Activity: Housing Authority and Urban Renewal Agency of 
Lane County, Oregon; Section 8 Rental 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, 
Office of Public and Indian Housing
    Date Granted: February 25, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled voucher holder whose housing search had been impeded by 
frequent and severe anxiety attacks which were subsequently 
controlled by medication.
    28. Regulation: 24 CFR 982.303(b)
    Project/Activity: San Francisco Housing Authority, California; 
Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: March 4, 1997.
    Reason Waived: Approval of the waiver prevented hardship for an 
elderly couple trying to relocate to an area where family members 
would be available to assist them with shopping and visits to 
doctors.
    29. Regulation: 24 CFR 982.303(b)
    Project/Activity: Santa Clara County Housing Authority, 
California; Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: March 20, 1997.
    Reason Waived: Approval of the waivers was necessary to prevent 
hardship for two disabled elderly women suffering from severe 
medical problems.
    30. Regulation: 24 CFR 982.303(b)
    Project/Activity: Franklin County Regional Housing Authority, 
Massachusetts; Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: March 27, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
certificate holder whose housing search was hampered by physical and 
psychological disabilities.
    31. Regulation: 24 CFR 982.303(b)
    Project/Activity: Arlington Housing Authority, Massachusetts; 
Section 8 Rental 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, 
Office of Public and Indian Housing.
    Date Granted: March 27, 1997.
    Reason Waived: Approval of the waiver prevented hardship to a 
family that needed to locate housing near the medical facilities 
where their son was receiving treatment.
    For Item 32, Waiver Granted For 24 CFR Part 950, Contact: Karen 
Garner-Wing, Office of Native American Programs, 1999 Broadway, 
Suite 3390, Denver, Colorado 80202; telephone (303) 675-1600 (this 
is not a toll-free number). Hearing or speech-impaired persons may 
access this number via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339.
    32. Regulation: 24 CFR 950.325
    Project/Activity: A request was made by the Fallon Paiute 
Shoshone Housing Authority (FPSHA), to establish ceiling rents for 
the low-rent inventory under its jurisdiction.
    Nature of Requirement: The regulation requires that the total 
tenant payment be calculated at 30 percent of monthly adjusted 
income or 10 percent of monthly income, whichever is higher. Section 
102(a) of the Housing and Community Development Act of 1987 amended 
section 3(a)(2) of the U.S. Housing Act of 1937 to permit the 
housing authority to establish, with HUD approval, ceiling rents in 
Indian housing developments.
    Granted By: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: February 28, 1997.
    Reason Waived: The FPSHA wishes to establish permanent ceiling 
rents so that industrious people motivated to better their standards 
of living will not be discouraged by consequent increases in 
calculated rent payments. Also, making the homes more attractive to 
higher income families will contribute to the accomplishment of the 
FPSHA goal of establishing mixed income neighborhoods.
[FR Doc. 97-20889 Filed 8-6-97; 8:45 am]
BILLING CODE 4210-32-P