[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29510-29515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14244]



[[Page 29509]]

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Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Notice of Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / 
Notices  

[[Page 29510]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4250-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, 1997 through December 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-
eighth 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 Reform Act), the Congress adopted, at HUD's 
request, legislation to limit and control the granting of regulatory 
waivers by HUD. Section 106 of the Reform Act added a new section 7(q) 
to the Department of Housing and Urban Development Act (2 U.S.C. 
3535(q)), which 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 of the Reform Act also contains requirements applicable 
to waivers of HUD handbook provisions that are not relevant to the 
purpose of this notice.
    Today's document follows publication of HUD's Statement of Policy 
on Waiver of Regulations and Directives issued by HUD on April 22, 1991 
(56 FR 16337). This is the twenty-eighth notice of its kind to be 
published under section 106 of the Reform Act. This notice updates 
HUD's waiver-grant activity from October 1, 1997 through December 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 58.73 (involving the waiver of a provision in 24 CFR part 
58) 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. 58.73 and Sec. 58.74 would appear sequentially in the listing 
under Sec. 58.73.)
    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 occurred between October 1, 1997 through December 
31, 1997.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: May 22, 1998.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development October 1, 
1997 Through December 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 ITEMS 1 THROUGH 11, WAIVERS GRANTED FOR 24 CFR Parts 91, 
570, 574, 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 (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.
    1. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Harrisburg, Pennsylvania requested 
an extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 22, 1997.
    REASONS WAIVED: The Assistant Secretary determined that failure 
to grant the requested waiver would adversely affect the purposes of 
the CDBG program, because the City would not be able to submit a 
complete and accurate performance report on its 1996 program year.
    2. REGULATION: 24 CFR 92.101(e) and (c).
    PROJECT/ACTIVITY: The St. Louis County, Minnesota requested a 
waiver of Sec. 92.101(e) and (c) of the HOME program regulations (24 
CFR part 92) to allow the County, which is a member of the Northeast 
Minnesota Housing Consortium, to structure its consortium agreement 
for a four-year term. The County also has until March 31, 1998 to 
obtain the needed signatures on the consortium agreement.
    NATURE OF REQUIREMENT: The regulations at 24 CFR 92.101(e) and 
(c) require consortium agreements be 3-years long.
    GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: November 5, 1997.
    REASONS WAIVED: The Acting Assistant Secretary added a six month 
transition period to allow the 76 small rural communities time to 
sign the agreement. The four year agreement was enacted so that it

[[Page 29511]]

will expire concurrently with St. Louis County's next urban county 
agreement.
    3. REGULATION: 24 CFR 92.212(b).
    PROJECT/ACTIVITY: The Longview/Kelso Consortium of Washington 
State, requested a waiver of the HOME program regulations to allow 
it to use HOME funds to reimburse planning and administration costs 
incurred in the development of its initial Consolidated Plan as a 
new HOME grantee.
    NATURE OF REQUIREMENT: The HOME program regulations at 24 CFR 
92.212(b) allow eligible administrative and planning costs to be 
incurred as of the beginning of the participating jurisdiction's 
consolidated program year, or the date the Consolidated Plan 
describing the HOME allocation is received by HUD.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 16, 1997.
    REASONS WAIVED: The Assistant Secretary determined that failure 
to grant the requested waiver would adversely affect the purposes of 
the HOME program, because non-reimbursement of costs incurred in the 
development of the Consolidated Plan would pose a difficulty for the 
City in implementing its new HOME program, and place the financial 
burden for program start-up costs on local resources.
    4. REGULATIONS: 24 CFR 92.214(a)(7) and 24 CFR 92.502(d).
    PROJECT/ACTIVITY: The City of Mobile, Alabama requested a waiver 
of these regulations to allow the use of additional HOME program 
funds on property previously assisted with HOME monies. The subject 
properties were damaged by floods.
    NATURE OF REQUIREMENT: HUD's HOME program regulations at 24 CFR 
92.214(a)(7) and 24 CFR 92.502(d) prohibit a participating 
jurisdiction from using HOME funds on properties that have been 
previously assisted with HOME monies. This prohibition applies to 
properties that were completed more than one year after the original 
completion date.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 2, 1997.
    REASONS WAIVED: The waiver was granted to allow three specific 
projects to reopen and to use HOME funds to correct flooding 
conditions.
    5. REGULATION: 24 CFR 92.254(a).
    PROJECT/ACTIVITY: The City of Cincinnati, Ohio requested a 
waiver of the requirement that property be transferred to a 
homebuyer within 42 months after project completion. This waiver 
would extend the maximum lease period to 60 months for an eight unit 
building.
    NATURE OF REQUIREMENT: HUD's HOME program regulations at 24 CFR 
92.254(a) require that property be transferred to a homebuyer within 
forty-two (42) months after project completion.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 16, 1997.
    REASONS WAIVED: The waiver was granted because it would allow 
the City to take advantage of the Historic Tax Credit associated 
with the project; enable six low income families to become 
homeowners; and increase the homeownership rate in a neighborhood 
with a high concentration of low-income rental properties.
    6. REGULATION: 24 CFR 570.200(h)(1)(i).
    PROJECT/ACTIVITY: The City of Rialto, California requested a 
waiver of these HUD regulations to allow it to use CDBG funds to 
reimburse planning and administration costs incurred while preparing 
its initial Consolidated Plan as a new CDBG entitlement grantee.
    NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR 
570.200(h)(1)(i) state that a grantee may only use CDBG funds to pay 
pre-award costs if the activity is included in a Consolidated Plan 
or an amended plan prior to the costs being incurred.
    GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: November 6, 1997.
    REASONS WAIVED: The Acting Assistant Secretary determined that 
failure to grant the requested waiver would adversely affect the 
purposes of the CDBG program, because the non-reimbursement of costs 
incurred in the development of the Consolidated Plan would pose a 
difficulty for the City in implementing its new CDBG program and put 
the financial burden for program start-up costs on local resources.
    7. REGULATION: 24 CFR 570.200(h)(1)(i).
    PROJECT/ACTIVITY: The City of Victorville, California, requested 
a waiver of these HUD regulations to allow the City to use CDBG 
funds to reimburse planning and administration costs incurred while 
preparing its initial Consolidated Plan as a new CDBG entitlement 
grantee.
    NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR 
570.200(h)(1)(i) state that a grantee may only use CDBG funds to pay 
pre-award costs, if the activity is included in a Consolidated Plan 
or an amended plan prior to the costs being incurred.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 18, 1997.
    REASONS WAIVED: The Assistant Secretary determined that failure 
to grant the requested waiver would adversely affect the purposes of 
the CDBG program, because non-reimbursement of costs incurred in the 
development of the Consolidated Plan would pose a difficulty for the 
City in implementing its new CDBG program and put the financial 
burden for program start-up costs on local resources.
    8. REGULATION: 24 CFR 570.206(g).
    PROJECT/ACTIVITY: Pima County, Arizona requested a waiver of the 
CDBG program regulations to allow the County to use CDBG funds for 
pre-development costs related to the expansion of an existing senior 
citizen housing complex.
    NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR 
570.206(g) require that assistance under the regulations be limited 
to units which are identified in the recipient's HUD-approved 
housing assistance plan (HAP). Because the Consolidated Plan 
includes non-housing activities and is not exclusively limited to 
low-and-moderate-income persons, HUD has determined that 24 CFR 
570.206(g) cannot be read to automatically substitute costs related 
to the Consolidated Plan for costs formerly eligible in connection 
with the HAP.
    GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: November 6, 1997.
    REASONS WAIVED: The regulation was waived because the community 
was using the CDBG funds to pay for pre-development activities 
associated with a proposal submitted to HUD under the Section 202 
program. The waiver was granted because the funds were to be used 
for a HAP-type (meeting the needs of low and moderate income senior 
citizens) housing activity.
    9. REGULATION: 24 CFR 574.540.
    PROJECT/ACTIVITY: The City of Chicago, Illinois requested a 
waiver of the Housing Opportunities for Persons with AIDS (HOPWA) 
program regulations to authorize the placement of HOPWA funds in a 
housing subsidy trust fund for a period longer than the three years. 
The trust fund would be used for operating expenses.
    NATURE OF REQUIREMENT: The HOPWA program regulations at 24 CFR 
574.540 provide that HUD may de-obligate any amount of HOPWA grant 
funds that have not been expended within a three-year period from 
the date of the signing of the grant agreement.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: November 25, 1997.
    REASONS WAIVED: The Assistant Secretary granted this waiver, 
extending for two years the period the City could use HOPWA funds 
placed in a trust for a specific project. This allowed the City to 
continue to provide support for the housing related needs of HOPWA 
program beneficiaries.
    10. REGULATION: 24 CFR 576.21.
    PROJECT/ACTIVITY: Jefferson County, Alabama requested a waiver 
of the Emergency Shelter Grants (ESG) program regulations at 24 CFR 
576.21.
    NATURE OF REQUIREMENT: HUD's regulation at 24 CFR 576.21 state 
that recipients of ESG grant funds are subject to the limits on the 
use of assistance for essential services established in section 
414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as 
services that provide health, employment, drug abuse, and education 
to homeless persons.
    GRANTED BY: Fred Karnas, Jr., Deputy Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: October 14, 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

[[Page 29512]]

provided a letter that demonstrated that other categories of ESG 
activities will be carried out locally with other resources. 
Accordingly, HUD determined that the waiver was appropriate.
    11. REGULATION: 24 CFR 582.105(e).
    PROJECT/ACTIVITY: The Dane County, Wisconsin Department of Human 
Services requested that up to 15 percent of its Shelter Plus Care 
allocation be used for administration.
    NATURE OF REQUIREMENT: HUD's Shelter Plus Care program 
regulations at 24 CFR 582.105(e) set the administrative cost 
allowance for project activities at 8 percent of the grant amount.
    GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: October 22, 1997.
    REASONS WAIVED: The Acting Assistant Secretary determined that 
failure to grant the requested waiver would adversely affect the 
purposes of the Shelter Plus Care program, because the 
administrative burdens for the homeless initiative had doubled and 
the project had reached full capacity without using all the rental 
assistance available.
    FOR ITEMS 12 THROUGH 17, WAIVERS GRANTED FOR 24 CFR PART 761 
CONTACT: Gloria Cousar, Deputy Assistant Secretary, Office of Public 
and Assisted Housing Delivery, U.S. Department of Housing and Urban 
Development, 451 7th 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 via TTY by calling 
the toll-free Federal Information Relay Service at 1-800-877-8391.
    12. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Lackawanna County Housing Authority Youth 
Sports Program (Grant No. #PA26YSP0380194).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program and that only one, 6-
month extension is allowed. If the grant funds are not expended at 
the end of the grant term, funds must be remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for 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 their grant within 
the regulatory time-frame, due to unseasonably warm weather. The 
waiver permitted the housing authority to continue its winter sports 
activities.
    13. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Newark Housing Authority, Newark, New Jersey; 
Public Housing Drug Elimination Grant Program (PHDEP) (Grant 
#NJ39DEP0020194).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the PHDEP program 
and that only one 6-month extension is allowed. If the grant funds 
are not expended at the end of the grant term, funds must be 
remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: May 23, 1997.
    REASON WAIVED: The waiver was granted in order to permit the 
Newark Housing Authority (NHA) to revise its plan regarding the use 
of PHDEP funding. The revised PHDEP plan permits the NHA to conduct 
law enforcement (municipal police services), physical security, U.S. 
Attorney's anti-violence task force operations in the NHA, and other 
security and resident activities.
    14. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Hoboken Housing Authority, Hoboken, New 
Jersey; Public Housing Drug Elimination Grant Program (Grant 
#NJ39DEP0430194).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the PHDEP program 
and that only one 6-month extension is allowed. If the grant funds 
are not expended at the end of the grant term, funds must be 
remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: July 10, 1997.
    REASON WAIVED: The waiver was granted in order to permit the 
Hoboken Housing Authority (HHA) to revise its plan regarding the use 
of PHDEP funding. The revised PHDEP plan permits the HHA to carry 
out law enforcement and resident activities.
    15. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Camden Housing Authority, Camden, New Jersey; 
Public Housing Drug Elimination Grant Program (Grant 
#NJ39DEP0100194, #NJ39DEP0100195 and #NJ39DEP0100196).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program and that only one 6-
month extension is allowed. If the grant funds are not expended at 
the end of the grant term, funds must be remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: August 12, 1997.
    REASON WAIVED: The waiver was granted in order to permit the 
Camden Housing Authority (CHA) to revise its plan regarding the use 
of PHDEP funding. The revised PHDEP plan permits the CHA to carry 
out law enforcement and resident activities.
    16. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Charlottesville Redevelopment and Housing 
Authority, Charlottesville, Virginia; Public Housing Drug 
Elimination Grant Program (Grant #VA36DEP0160194).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program and that only one 6-
month extension is allowed. If the grant funds are not expended at 
the end of the grant term, funds must be remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    DATE GRANTED: August 18, 1997.
    REASON WAIVED: The waiver was necessary to permit the 
Charlottesville Redevelopment and Housing Authority requested to 
reprogram small amounts ($365.00) of grant funds from several budget 
line items into their drug prevention program.
    17. REGULATION: 24 CFR 761.30(b).
    PROJECT/ACTIVITY: Memphis Housing Authority, Memphis, Tennessee; 
Public Housing Drug Elimination Program (Grant #TN00DEP0010194).
    NATURE OF REQUIREMENT: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program and that only one 6-
month extension is allowed. If the grant funds are not expended at 
the end of the grant term, funds must be remitted to HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: September 26, 1997.
    REASON WAIVED: The Memphis Housing Authority requested this 
extension to continue the implementation of Operation Safe Home II. 
The purpose of this extension is to obligate funds (contractually) 
regarding law enforcement activities for the MHA.
    FOR ITEM 18, WAIVER GRANTED FOR 24 CFR PART 811, CONTACT: James 
Mitchell, Office of Housing, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Room 6164, Washington, DC 
20410; telephone (202) 708-3730 (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.
    18. REGULATION: 24 CFR 811.108(a).
    PROJECT/ACTIVITY: Defeasance and redemption of bonds which 
financed a Section 8 assisted project in Columbus, Ohio (the Nelson 
Park Apartments, FHA No. 043-35233).
    NATURE OF REQUIREMENT: The regulation provides that upon full 
redemption of bond principal and interest, any remaining balance in 
the debt service reserve shall be remitted to HUD.
    GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    DATE GRANTED: December 24, 1997.
    REASONS WAIVED: Banc One Capital Corporation wishes to purchase 
the mortgage note from the bond trustee for a price which, when 
added to Series 1980 Bond reserves of $616,157, will permit full 
discharge of outstanding bond principal. The Columbus Metropolitan 
Housing Authority has requested the use of $200,000 of such reserves 
to finance repairs to seven public housing projects in its 
jurisdiction. HUD consented to this request, based on advice by the 
Ohio State Office that Nelson Park Apartments does not need 
additional funds for repairs or replacement reserves.
    FOR ITEM 19, WAIVER GRANTED FOR 24 CFR PART 882 CONTACT: Debbie 
Ann Wills, Field Management Officer, U.S.

[[Page 29513]]

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.
    19. REGULATION: 24 CFR 882.408(a).
    PROJECT/ACTIVITY: The Los Angeles Housing Authority requested a 
waiver, to increase the Fair Market Rent (FMR) in its Section 8 
Moderate Rehabilitation Single Room Occupancy (SRO) program, for a 
single project.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR 882.408(a) 
provides that rental housing assisted with SRO funds cannot charge 
rents that exceed the current Section 8 FMR.
    GRANTED BY: Saul Ramirez, Assistant Secretary for Community 
Planning and Development.
    DATE GRANTED: December 5, 1997.
    REASONS WAIVED: The waiver was granted because the Housing 
Authority documented that the rents presently charged and received 
for efficiency and one bedroom units in Los Angeles, where the 
project is located, were significantly higher than the published 
FMRs.
    FOR ITEMS 20 AND 21, WAIVERS GRANTED FOR 24 CFR PART 901 
CONTACT: William C. Thorson, Director, Administrative and 
Maintenance Division, Office of Public and Indian Housing, U.S. 
Department of Housing and Urban Development, 451 7th Street, SW, 
Room 4124, Washington, DC 20410; telephone (202) 708-4703 (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.
    20. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: The St. Louis Housing Authority (SLHA) 
requested a waiver of the above cited regulation to obtain an 
extension for submission of its Public Housing Management Assessment 
Program (PHMAP) certification.
    NATURE OF REQUIREMENT: Public Housing Agencies submit their 
PHMAP certification within 60 days of fiscal year end. This 
certification along with information in the field office files and 
verification of data through on-site confirmatory reviews provide 
the basis for the PHMAP grades and total score determined by HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: The SLHA stated that a computer virus has been 
implanted in its on-line computer system. The virus was activated on 
September 14, 1997, and resulted in the master files for payroll, 
Section 8 program assistance, tenant accounting, general ledger, 
housing eligibility and work orders being deleted. Other files have 
randomly been deleted from the computer system corrupting the 
integrity of the SLHA's computerized data collection system. In 
addition, the SLHA, a troubled agency, was having its Independent 
Assessment performed during November 10-21, 1997. The information 
obtained during this assessment was helpful to the St. Louis Office 
of Public Housing in assessing the SLHA for its FYE 1997, and 
provided accurate and up-to-date data for the 1997 PHMAP assessment.
    21. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: The Williamsburg Redevelopment and Housing 
Authority, VA, (WRHA) requested a waiver of the above cited 
regulation to obtain a 30-day extension for submission of its Public 
Housing Management Assessment Program (PHMAP) certification.
    NATURE OF REQUIREMENT: Public Housing Agencies submit their 
PHMAP certification within 60 days of fiscal year end. This 
certification along with information in the field office files and 
verification of data through on-site confirmatory reviews provide 
the basis for the PHMAP grades and total score determined by HUD.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: December 17, 1997.
    REASON WAIVED: The WRHA stated that it discovered that its work 
orders had not been coded properly since April 1997, when new staff 
was hired, thus distorting the information necessary to complete the 
PHMAP certification. The WRHA was furthered hampered by a breakdown 
of the maintenance department's computer, which had to be repaired. 
HUD granted the waiver in order to ensure that the WRHA was 
reporting accurate information and that it scored correctly under 
the PHMAP.
    FOR ITEM 22 THROUGH 39, WAIVERS GRANTED FOR 24 CFR PART 982, 
984, AND 990 CONTACT: Gloria Cousar, Deputy Assistant Secretary, 
Office of Public and Assisted Housing Delivery, U.S. Department of 
Housing and Urban Development, 451 7th 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 via TTY by calling the toll-free Federal Information Relay 
Service at 1-800-877-8391.
    22. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority and Urban Renewal Agency of 
Lane County, 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 
for Public and Indian Housing.
    DATE GRANTED: October 3, 1997.
    REASON WAIVED: Approval of the waiver prevented further hardship 
to a program participant who was forced to move from her assisted 
unit because it was damaged by fire. As a result of severe illness, 
she was unable to seek another unit when her certificate was 
reissued.
    23. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of Lake County, Illinois; 
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 
for Public and Indian Housing.
    DATE GRANTED: October 9, 1997.
    REASON WAIVED: Approval of the waiver prevented hardship to the 
severely developmentally disabled certificate holder whose special 
housing requirements made it difficult to find a suitable unit.
    24. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the County of Santa 
Clara, California; 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 
for Public and Indian Housing.
    DATE GRANTED: October 12, 1997.
    REASON WAIVED: Approval of the waiver prevented hardship to the 
single parent head of household and her family. Due to debilitating 
illness and mobility problems the family needed additional time to 
locate an accessible unit in a tight rental market with a vacancy 
rate of one percent.
    25. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the County of Santa 
Clara, 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 
for Public and Indian Housing.
    DATE GRANTED: October 30, 1997.
    REASON WAIVED: Approval of the waiver prevented hardship for a 
disabled certificate holder whose medical condition prevented her 
from seeking housing during a portion of the time her certificate 
was in effect.
    26. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Commonwealth of Massachusetts, Department of 
Housing and Community Development; 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 
for Public and Indian Housing.
    DATE GRANTED: November 19, 1997.
    REASON WAIVED: Approval of the waiver prevented further hardship 
and possible homelessness for the certificate holder and her 
children. The family was forced to move from the unit where they had 
been assisted when the property went into foreclosure. Illness of 
the mother prevented the family

[[Page 29514]]

from seeking housing during the time the certificate was in effect.
    27. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the City of Los Angeles, 
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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: Approval of the waiver prevented further hardship 
to a disabled certificate holder who could not seek housing because 
she was hospitalized during the time her certificate was in effect.
    28. 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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: Approval of the waiver prevented further hardship 
to a disabled certificate holder who was unable to seek housing 
during the time her certificate was in effect because she was ill.
    29. 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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON GRANTED: Approval of the waiver prevented further 
hardship to the family. Extended illness of the mother prevented the 
family from seeking housing during the time their certificate was in 
effect.
    30. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Commonwealth of Massachusetts Department of 
Housing and Community Development; Section 8 Rental Voucher Program.
    NATURE OF REQUIREMENT: The regulation provides a maximum rental 
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 21, 1997.
    REASON WAIVED: Approval of the waiver prevented further hardship 
to the homeless voucher holder, a victim of domestic violence. 
Severe heart disease and an adverse reaction to her heart medication 
prevented the voucher holder from seeking housing during the time 
her voucher was in effect.
    31. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the County of Santa 
Clara, 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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: Approval of the waiver prevented hardship to the 
family. The medical condition of the disabled head of household made 
it impossible for the family to seek housing during much of the time 
her rental certificate was in effect.
    32. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the County of Santa 
Clara, 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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: The waiver prevented hardship to the certificate 
holder who was unable to seek housing during a portion of the time 
her certificate was in effect because of multiple medical problems, 
including spinal arthritis.
    33. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the County of Santa 
Clara, 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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: The waiver prevented hardship to the certificate 
holder who was forced to move from the unit where she had been 
assisted. She was unable to seek housing during much of the time her 
certificate was in effect because of serious health problems.
    34. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of the City of Los Angeles, 
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 
for Public and Indian Housing.
    DATE GRANTED: November 21, 1997.
    REASON WAIVED: The waiver prevented hardship to the disabled 
certificate holder who was unable to seek housing because she was 
hospitalized during much of the time her certificate was in effect.
    35. REGULATION: 24 CFR 982.303(b).
    PROJECT/ACTIVITY: Housing Authority of Oceanside, California; 
Section 8 Rental Voucher 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 16, 1997.
    REASON WAIVED: The waiver prevented further hardship to the 
disabled voucher holder whose serious health problems prevented her 
from seeking a unit during much of the time her voucher was in 
effect.
    36. REGULATION: 24 CFR 982.352(c)(8).
    PROJECT/ACTIVITY: City of Minnetonka, Minnesota; Section 8 
Rental Certificate Program.
    NATURE OF REQUIREMENT: The regulation provides that a family may 
not receive the benefit of tenant-based assistance while also 
receiving any local or State rent subsidy for the same unit.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: October 21, 1997.
    REASON WAIVED: The monies to be provided by the city are not 
duplicative subsidy since they are being provided to fund the gap 
between the market rents and the Section 8 rents. Development of the 
units represents a public/private partnership to create affordable 
housing and approval of the waiver expands the housing choice of 
families enabling them to move to desirable housing in a nonimpacted 
area.
    37. REGULATION: 24 CFR 984.306(b).
    PROJECT/ACTIVITY: Housing Authority and Community Services 
Agency of Lane County, Oregon; Section 8 Family Self-Sufficiency 
(FSS) Program.
    NATURE OF REQUIREMENT: The regulation provides that a Section 8 
rental certificate or voucher program participant must lease a unit 
in the jurisdiction of the Public Housing Agency that selected the 
family for the FSS program for a minimum of 12 months after the 
effective date of the FSS contract.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: October 21, 1997.
    REASON WAIVED: Approval of the waiver permitted the Section 8 
certificate program participant to move closer to her new employment 
while remaining in the FSS program.
    38. REGULATION: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).
    PROJECT/ACTIVITY: Housing Authority of Wilmington, NC; 
Performance Funding System (PFS) regulations.
    NATURE OF REQUIREMENT: The PFS regulations at 24 CFR part 990 
require that current utility rates be used in the calculation of 
savings under an energy performance contract.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.

[[Page 29515]]

    DATE GRANTED: November 6, 1997.
    REASON WAIVED: The PFS provides incentives for housing agencies 
to leverage private financing for the installation of energy 
conservation measures under the energy performance contracting 
program. The waiver will assist the Housing Authority of Wilmington 
to enter into an energy performance contract by allowing the use of 
a ``floor rate'' in the event that there are insufficient funds to 
pay the debt service on the private financing because of a drop in 
rates, even if the contractor achieves the savings specified in the 
contract.
    39. REGULATION: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).
    PROJECT/ACTIVITY: Housing Authority of the City of Kinston, NC; 
Performance Funding System (PFS) regulations.
    NATURE OF REQUIREMENT: The PFS regulations at 24 CFR part 990 
require that current utility rates be used in the calculation of 
savings under an energy performance contract.
    GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    DATE GRANTED: December 17, 1997.
    REASON WAIVED: The PFS provides incentives for housing agencies 
to leverage private financing for the installation of energy 
conservation measures under the energy performance contracting 
program. The waiver will assist the Housing Authority of the City of 
Kinston to enter into an energy performance contract by allowing the 
use of a ``floor rate'' in the event that there are insufficient 
funds to pay the debt service on the private financing because of a 
drop in rates, even if the contractor achieves the savings specified 
in the contract.

[FR Doc. 98-14244 Filed 5-28-98; 8:45 am]
BILLING CODE 4210-32-P