[Federal Register Volume 64, Number 48 (Friday, March 12, 1999)]
[Notices]
[Pages 12676-12682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6078]



[[Page 12675]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 64, No. 48 / Friday, March 12, 1999 / 
Notices  

[[Page 12676]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4378-N-03]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of Regulatory Waivers from July 
1, 1998 through September 30, 1998.

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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 thirty-
first 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 thirty-first notice of its kind to be 
published under section 106 of the Reform Act. This notice updates 
HUD's waiver-grant activity from July 1, 1998 through September 30, 
1998.
    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, 1998 through December 
31, 1998.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: March 2, 1999.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development July 1, 
1998 Through September 30, 1998

    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 16, WAIVERS GRANTED FOR 24 CFR PARTS 91 AND 
92, CONTACT: Cornelia Robertson Terry, Field management Division, 
Office of Executive Services, Office of Community Planning and 
Development, U.S. Department of Housing and Urban Development, 451 
7th Street SW, Room 7184, Washington, DC, 20410; telephone (202) 
708-2565 (this is not a toll-free number). Hearing or speech-
impaired persons may access this number via TTY by the calling toll-
free Federal Information Relay Service at 1-800-877-8391.
    1. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: Los Angeles County, California requested a 
waiver of the submission date for the County's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: July 16, 1998.
    REASONS WAIVED: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1997 program year.
    2. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Baltimore, Maryland requested a 
waiver of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: August 26, 1998.
    REASONS WAIVED: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1997 program year.
    3. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Mountain View, California 
requested a

[[Page 12677]]

waiver of the submission date for 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 17, 1998.
    REASONS WAIVED: The City was unable to meet the due date because 
of a medical emergency experienced by the individual at the City 
with responsibility for preparing the CAPER. HUD granted the City of 
Mountain View an extension to November 30, 1998, to submit its 
Caper.
    4. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: Baltimore County, Maryland requested a waiver 
of the submission date for the County's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 21, 1998.
    REASONS WAIVED: The County requested this extension because of 
the staff workload needed to adjust and convert to the new 
computerized system known as the IDIS system. The workload 
associated with reporting in the IDIS system can be substantial, 
particularly with a grantee like Baltimore County which has more 
than 1000 activities in IDIS and also needs to make a significant 
number of adjustments related to the conversion of the data to the 
new system. Therefore, HUD granted Baltimore County an extension to 
November 30, 1998, to submit its 1997 CAPER to HUD.
    5. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Moreno Valley, California 
requested a waiver of the submission date for the City's 
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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The malfunction of the City's financial tracking 
system impeded the City's ability to assure accurate information in 
the CAPER until the information had been corrected manually. HUD 
therefore granted Moreno Valley a 30-day extension until October 28, 
1998, to submit its 1997 CAPER.
    6. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The County of Orange, California requested a 
waiver of the submission date for the County's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The County experienced problems in its ability 
to download accurate reports and requests additional time to 
reconcile information in its new computerized system with project 
records. In addition, the County needs time to review and evaluate 
its progress in meeting the goals and objectives in its Consolidated 
Plan. HUD therefore granted the County a 30-day extension until 
October 28, 1998, to submit its 1997 CAPER.
    7. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: Spokane County, Washington requested a waiver 
of the submission date for the County's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The County requested an extension of its CAPER 
submission because the building which houses the Community 
Development Division was recently damaged by an arson fire. This 
hampered the County in its efforts to submit a timely report. 
Therefore, HUD granted the County an extension to February 28, 1999, 
to submit its 1997 Caper.
    8. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Glendale, California requested a 
waiver of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The City requested additional time because 
program description data in its computerized system was lost. The 
City needed additional time to ensure an accurate and acceptable 
CAPER. HUD therefore granted the City a 30-day extension until 
October 28, 1998, to submit its 1997 CAPER.
    9. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Stamford, Connecticut requested a 
waiver of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The City requested an extension because of the 
loss of three key Community Development staff members who were 
instrumental in preparing the CAPER each year. HUD therefore 
authorized an extension to November 12, 1998.
    10. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Anaheim, California requested a 
waiver of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The City requested a 30-day extension to 
facilitate use of the IDIS for its CAPER. The City experienced 
problems with the data in reports that it was able to download. HUD 
granted the City a 30-day extension until October 28, 1998, to 
submit its 1997 CAPER.
    11. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Camden, New Jersey requested a 
waiver of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: Staff turnover impeded the City's ability to 
complete an accurate CAPER within the required timeframe. HUD 
therefore granted the City an extension to November 28, 1998, to 
submit its 1997 CAPER.
    12. REGULATION: 24 CFR 91.520(a).
    PROJECT/ACTIVITY: The City of Murfreesboro, Tennessee requested 
a waiver

[[Page 12678]]

of the submission date for the City's 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 N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 25, 1998.
    REASONS WAIVED: The City requested an extension because the 
Community Development Director was temporarily on medical leave. 
Although there was a staff person working on the report, it was 
difficult to complete the report without the Director's input. HUD 
therefore granted the City an extension to October 30, 1998, to 
submit its 1997 CAPER.
    13. REGULATION: 24 CFR 92.2 and 92.300(a)(1).
    PROJECT/ACTIVITY: The City of Bethlehem, Pennsylvania requested 
that HUD consider the letter and the two City Council resolutions 
appropriating funds to the Moravian Project sufficient action to 
constitute a reservation of HOME funds to the Bethlehem Area 
Moravians, Inc., a Community Development Housing Organization 
(CHDO).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
describe the policies and procedures governing the HOME Investment 
Partnerships Program. Section 92.2 defines the term ``commitment'' 
to mean that a participating jurisdiction has executed a legally 
binding agreement with a state recipient, a sub-recipient, or a 
contractor to use a specific amount of HOME funds to produce 
affordable housing or provide tenant-based rental assistance; or has 
entered into a written agreement reserving a specific amount of 
funds to a CHDO. The written agreement requirement is referenced in 
24 CFR 92.2 and 92.300(a)(1).
    GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: July 24, 1998.
    REASONS WAIVED: Based on information provided by the City, HUD 
believes that the letter and two City Council resolutions 
appropriating funds to Moravian Project can be viewed as legally 
sufficient to constitute a reservation of HOME fund to the Bethlehem 
Area Moravian, Inc., a CHDO. Therefore, HUD waived the requirement 
for a written agreement, as prescribed in 24 CFR 92.2 and 
92.300(a)(1).
    14. REGULATION: 24 CFR 92.500(d)(1)(C).
    PROJECT/ACTIVITY: The State of Iowa requested a waiver of the 
five year deadline for the expenditure of HOME program disaster 
grant funds.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
describe the policies and procedures governing the HOME Investment 
Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
recapture any HOME funds not expended within five years after the 
last day of the month in which HUD notified the grantee of its 
execution of the HOME partnership agreement. The State of Iowa's 
expenditure deadline for the FY 1993 HOME disaster funds was August 
31, 1998. As of August 27, 1998, the State had an unexpended balance 
of $499,703 in its grant.
    GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 18, 1998.
    REASONS WAIVED: The State indicated that all costs related to 
the grant would be incurred by August 31, 1998, but additional time 
was needed for recipients to submit vouchers and for requests for 
final drawdowns of HOME funds to be made and processed. If the 
waiver had not been granted, the State would have had to use other 
State or Federal funds to reimburse grant recipients for costs 
incurred before the deadline. Therefore, HUD waived the expenditure 
requirement in 24 CFR 92.500(d)(1)(C) of the HOME regulations and 
granted the State of Iowa an extension until October 31, 1998, to 
expend its remaining FY 1993 HOME disaster funds.
    15. REGULATION: 24 CFR 92.500(d)(1)(C).
    PROJECT/ACTIVITY: The State of Kansas requested a waiver of the 
five year deadline for the expenditure of HOME program disaster 
grant funds.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
describe the policies and procedures governing the HOME Investment 
Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
recapture any HOME funds not expended within five years after the 
last day of the month in which HUD notified the grantee of its 
execution of the HOME partnership agreement. The State of Kansas' 
expenditure deadline for the FY 1993 HOME disaster funds was August 
31, 1998. As of August 27, 1998, the State had an unexpended balance 
of $103,734.31 in its grant.
    GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 18, 1998.
    REASONS WAIVED: The State indicated that projects that were 
supposed to be funded with HOME disaster funds were mistakenly 
funded with regular HOME funds. The State requested an extension to 
permit it to correct this error. If the waiver had not been granted, 
the State would have lost the unexpended funds and the opportunity 
to fund additional affordable housing units. Therefore, HUD waived 
the expenditure requirement in 24 CFR 92.500(d)(1)(C) of the HOME 
program regulations and granted the State of Kansas an extension 
until September 30, 1998, to expend its remaining FY 1993 HOME 
disaster funds.
    16. REGULATION: 24 CFR 92.500(d)(1)(C).
    PROJECT/ACTIVITY: The State of Illinois requested a waiver of 
the five year deadline for the expenditure of HOME program disaster 
grant funds.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
describe the policies and procedures governing the HOME Investment 
Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
recapture any HOME funds not expended within five years after the 
last day of the month in which HUD notified the grantee of its 
execution of the HOME partnership agreement. The State of Illinois' 
expenditure deadline for the FY 1993 HOME disaster funds was August 
31, 1998. As of August 27, 1998, the State had an unexpended balance 
of $2,685,014.84 in its grant.
    GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: September 18, 1998.
    REASONS WAIVED: The State indicated that, due to staff turnover, 
it inadvertently had used $2,321,850.00 in regular HOME funds for a 
disaster project. The State requested an extension of the deadline 
to permit it to retain the $2,321,850.00 and take the necessary 
steps to correct the error. If the waiver had not been granted, the 
State would have lost the opportunity to use its regular HOME funds 
to produce more affordable housing units. Therefore, HUD waived the 
expenditure requirement in 24 CFR 92.500(d)(1)(C) of the HOME 
regulations and granted the State of Illinois an extension until 
October 31, 1998 to expend the $2,321,850.00 mistakenly charged to 
its regular HOME grant.
    FOR ITEM 17, WAIVER GRANTED FOR 24 CFR PART 291, CONTACT: Art 
Orton, Deputy Director, Asset Management Division, Office of Insured 
Single Family Housing, U.S. Department of Housing and Urban 
Development, 451 7th Street SW, Room 9172, Washington, DC, 20410; 
telephone (202) 708-1672 (this is not a toll-free number). Hearing 
or speech-impaired persons may access this number via TTY by the 
calling toll-free Federal Information Relay Service at 1-800-877-
8391.
    17. REGULATION: 24 CFR 291.110(a).
    PROJECT/ACTIVITY: Waiver of the requirement of 24 CFR 291.110(a) 
to provide authority for governmental entities and private nonprofit 
organizations to purchase HUD-owned single family properties offered 
with mortgage insurance on a direct sales basis and to provide 
discounts of 50 percent for use in HUD's Officer Next Door Program.
    NATURE OF REQUIREMENT: HUD's regulations governing its single 
family property disposition program are found in 24 CFR part 291. 
The regulation at 24 CFR 291.110(a) permits direct sales of 
properties without mortgage insurance to governmental entities and 
private nonprofit organizations for use in homeless programs. These 
sales are made at deep discounts off the list price.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: August 28, 1998.
    REASONS WAIVED: Based on HUD's experience with these types of 
direct sales, HUD has determined that it would not be detrimental to 
the Federal Housing Administration insurance fund to permit 
governmental entities and private nonprofit organizations to 
purchase properties offered with mortgage insurance. Approval of 
this waiver enabled governmental entities and nonprofit 
organizations the opportunity to fully participate in the Officer 
Next Door program by purchasing properties eligible for mortgage 
insurance at a 50 percent discount for resale to law enforcement 
personnel.
    FOR ITEM 18, WAIVER GRANTED FOR 24 CFR PART 576, CONTACT: 
Cornelia

[[Page 12679]]

Robertson Terry, Field Management Division, Office of Executive 
Services, Office of Community Planning and Development, U.S. 
Department of Housing and Urban Development, 451 7th Street SW, Room 
7184, Washington, DC, 20410; telephone (202) 708-2565 (this is not a 
toll-free number). Hearing or speech-impaired persons may access 
this number via TTY by the calling toll-free Federal Information 
Relay Service at 1-800-877-8391.
    18. REGULATION: 24 CFR 576.21.
    PROJECT/ACTIVITY: The City of Lancaster, Pennsylvania requested 
a waiver of 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: Saul N. Ramirez, Jr., Assistant Secretary for 
Community Planning and Development.
    DATE GRANTED: August 11, 1998.
    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 grantee submitted a letter, dated February 27, 
1998, which stated that homeless activities are already being 
carried out with other Federal and State funding sources. Therefore, 
in view of this documentation, HUD granted the City a waiver.
    FOR ITEMS 19 THROUGH 31, WAIVERS GRANTED FOR 24 CFR PART 891, 
CONTACT: Willie Spearmon, Director, Office of Business Products, 
Office of Housing, U.S. Department of Housing and Urban Development, 
451 7th Street SW, Room 6132, Washington, DC 20410; 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 toll-
free Federal Information Relay Service at 1-800-877-8391.
    19. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: National Church Residences of Travis County, 
Texas (Project No. 115-EE041).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: July 1, 1998.
    REASONS WAIVED: HUD granted the waiver in order to ensure the 
economic feasibility of the project. Although the project is 
economically designed, and the Owner has exerted all efforts to 
minimize the construction costs (including foregoing a portion of 
its developer's fee), the project would not have been feasible 
without the amendment funds.
    20. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: Shenango Housing for the Elderly (Project No. 
033-EE084).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: July 14, 1998.
    REASONS WAIVED: HUD granted the waiver in order to ensure the 
economic feasibility of the project. The sponsors were forced to 
change the project site, which imperiled the feasibility of the 
proposed project.
    21. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: Liberty Commons; Lexington, Kentucky (Project 
No. 083-EE048).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: July 30, 1998.
    REASONS WAIVED: HUD granted this waiver in order to ensure the 
economic feasibility of the project. In granting the waiver, HUD 
determined that the sponsors had made all reasonable efforts to 
contain the cost of the facility and to obtain financing from other 
sources before requesting the regulatory waiver from HUD.
    22. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: Saco VOA Elderly Housing, Inc. (Project No. 
024-EE030).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: August 10, 1998.
    REASONS WAIVED: HUD granted this waiver in order to ensure the 
economic feasibility of the project. Although the Owner explored 
every avenue to save money on design, labor and materials, and had 
secured grant funding from the Federal Home Loan Bank of Boston, the 
project could not have been completed without the amendment funds.
    23. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: Robertson Residential Center, Greenville, 
Mississippi (Project No. 065-HD013); Paul Braswell Residential 
Center, Cleveland, Mississippi (Project No. 065-HD014).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: August 11, 1998.
    REASONS WAIVED: HUD approved the waiver request in order to 
ensure the economic feasibility of the two projects. The owner could 
not obtain the necessary funds to develop the projects from other 
sources.
    24. REGULATION: 24 CFR 891.100(d).
    PROJECT/ACTIVITY: Mental Health Programs, Inc. (Project No. 023-
EE079).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.100(d) provides that HUD may amend the amount of an 
approved capital advance only after initial closing has occurred.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: September 8, 1998.
    REASONS WAIVED: HUD granted this waiver in order to ensure the 
economic feasibility of the project. Although modifications were 
made to the project's design and specifications to reduce the 
project's overall cost and the Sponsor had secured grant funding 
from the Federal Home Loan Bank of Boston, the project could not 
have been completed without the amendment funds.
    25. REGULATION: 24 CFR 891.130.
    PROJECT/ACTIVITY: St. Mary's Villa, Knoxville, Tennessee 
(Project No. 087-EE025).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
Officers and Board members of either the Sponsor or Owner may not 
have any financial interest in any contract with the Owner or any 
firm which has a contract with the Owner. This restriction applies 
so long as the individual is serving on the Board and for a period 
of three years following resignation or final closing, whichever 
occurs later.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: July 30, 1998.
    REASONS WAIVED: HUD approved the waiver in order to prevent 
delays in the construction of the project. The contractor who will 
serve as both design architect and general contractor was approved 
after problems surfaced with the original contractor.
    26. REGULATION: 24 CFR 891.130.

[[Page 12680]]

    PROJECT/ACTIVITY: Park Plaza Apartments, Cozad, Nebraska 
(Project No. 103-EE1-017).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
Officers and Board members of either the Sponsor or Owner may not 
have any financial interest in any contract with the Owner or any 
firm which has a contract with the Owner. This restriction applies 
so long as the individual is serving on the Board and for a period 
of three years following resignation or final closing, whichever 
occurs later.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: September 29, 1998.
    REASONS WAIVED: There are no property management firms currently 
located in Cozad and the Housing Authority, which is also the seller 
of the land, is not seeking to profit from this arrangement.
    27. REGULATION: 24 CFR 891.205.
    PROJECT/ACTIVITY: Knights of Peter Claver, Tunica, Mississippi 
(Project No. 065-EH127); Knights of Peter Claver, Phase II, Tunica, 
Mississippi (Project No. 065-EE020).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. The regulation at 
Sec. 891.205 sets forth the requirement that the Owner be a single 
purpose private nonprofit organization.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: August 10, 1998.
    REASONS WAIVED: This waiver will provide for cost savings during 
the initial development stage as well as realize operational savings 
for the two adjacent projects if owned by the same corporation.
    28. REGULATION: 24 CFR 891.310(b)(1) and (b)(2).
    PROJECT/ACTIVITY: Options Supported Housing Project IV (Project 
No. 012-HD072).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. Section 891.310(b)(1) 
requires that all entrances, common areas, units to be occupied by 
resident staff, and amenities must be readily accessible to and 
usable by persons with disabilities. Section 891.310(b)(2) requires 
that projects for chronically mentally ill individuals have a 
minimum of 10 percent of all dwelling units in an independent living 
facility (or 10 percent of all bedrooms and bathrooms in a group 
home, but at least one of each such space) must be designed to be 
accessible or adaptable for persons with disabilities.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: July 27, 1998.
    REASONS WAIVED: Requiring that all three group homes involved in 
this project meet the accessibility requirements described above 
would have made the project financially infeasible. One of the group 
homes will be fully accessible, in accordance with 24 CFR 891.310. 
Further, the project as a whole will meet the accessibility 
requirements of section 504 of the Rehabilitation Act of 1973. The 
regulatory waiver maintained project feasibility and facilitated 
project development.
    29. REGULATION: 24 CFR 891.310(b)(1).
    PROJECT/ACTIVITY: Rockland ARC-Homes for the Exceptional II 
(Project No. 012-HD061).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. Section 891.310(b)(1) 
requires that all entrances, common areas, units to be occupied by 
resident staff, and amenities must be readily accessible to and 
usable by persons with disabilities.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: September 21, 1998.
    REASONS WAIVED: The cost of achieving accessibility in all three 
group homes in the project would have rendered the project 
economically infeasible. One of the group homes will be fully 
accessible, in accordance with 24 CFR 891.310(b)(1). Further, the 
project as a whole will be in compliance with the accessibility 
requirements of section 504 of the Rehabilitation Act of 1973. 
Granting the regulatory waiver maintained project feasibility and 
facilitated the development of the project.
    30. REGULATION: 24 CFR 891.310(b)(1) and (2).
    PROJECT/ACTIVITY: Cherry Hill Condominiums (Project No. 023-
HD077).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. Section 891.310(b)(1) 
requires that all entrances, common areas, units to be occupied by 
resident staff, and amenities must be readily accessible to and 
usable by persons with disabilities. Section 891.310(b)(2) requires 
that projects for chronically mentally ill individuals have a 
minimum of 10 percent of all dwelling units in an independent living 
facility (or 10 percent of all bedrooms and bathrooms in a group 
home, but at least one of each such space) must be designed to be 
accessible or adaptable for persons with disabilities.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: September 29, 1998.
    REASONS WAIVED: All units in this project are condominium units, 
and, therefore, HUD funds are not available to make hallways, 
entrances and common areas accessible. None of the current 10 
residents, who will remain as residents of the project, have 
mobility impairments requiring an accessible unit. Further, under 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
accessibility modifications are not required if they would impose 
undue financial and administrative burdens on the operation of the 
multifamily housing project. If a person with a mobility impairment 
applies for occupancy, the Sponsor must either modify the 811 unit 
or provide an accessible unit elsewhere in its inventory. The 
granting of the waiver will maintain project feasibility and 
facilitate the development of the project.
    31. REGULATION: 24 CFR 891.310(b)(1) and (2).
    PROJECT/ACTIVITY: Project No. 023-HD039.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
describe the policies and procedures governing supportive housing 
for the elderly and persons with disabilities. Section 891.310(b)(1) 
requires that all entrances, common areas, units to be occupied by 
resident staff, and amenities must be readily accessible to and 
usable by persons with disabilities. Section 891.310(b)(2) requires 
that projects for chronically mentally ill individuals have a 
minimum of 10 percent of all dwelling units in an independent living 
facility (or 10 percent of all bedrooms and bathrooms in a group 
home, but at least one of each such space) must be designed to be 
accessible or adaptable for persons with disabilities.
    GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
Secretary for Housing-Federal Housing Commissioner.
    DATE GRANTED: September 29, 1998.
    REASONS WAIVED: The project consists of two-bedroom units which 
are part of a larger development owned by the Sponsor that is 
comprised mostly of walk-up townhouses. Requiring the project to 
meet the accessibility requirements would make it financially 
infeasible. There are several accessible units in the development 
should the need arise. The population of the project consists of 
persons with chronic mental illness who do not have mobility 
impairments. The waiver maintains project feasibility and 
facilitates project development.
    FOR ITEMS 32 THROUGH 40, WAIVERS GRANTED FOR 24 CFR PARTS 901, 
982, AND 984, CONTACT: Gloria Cousar, Deputy Assistant Secretary, 
Office of Public and Assisted Housing Delivery, Office of Public and 
Indian Housing, U.S. Department of Housing and Urban Development, 
451 7th 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.
    32. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: Reading Housing Authority, PA.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data

[[Page 12681]]

forms within 60 calendar days after the end of the fiscal year 
covered by the certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 6, 1998.
    REASON GRANTED: HUD granted the waiver due to the loss of 
critical PHA staff involved in the preparation of the PHMAP 
certifications. As a result of these staff losses, PHA needed 
additional time to submit their PHMAP certifications.
    33. REGULATION: 24 CFR 901.100(b)
    PROJECT/ACTIVITY: Taylor Housing Commission.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data forms within 60 
calendar days after the end of the fiscal year covered by the 
certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 6, 1998.
    REASON GRANTED: An extension of the 60-day period specified in 
the regulation was required due to the illness of the PHA Executive 
Director.
    34. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: Philadelphia Housing Authority (PHA).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data forms within 60 
calendar days after the end of the fiscal year covered by the 
certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 7, 1998.
    REASON GRANTED: HUD granted the waiver in order to provide the 
new PHA Executive Director adequate time to review the PHMAP data 
and certifications.
    35. REGULATION: 24 CFR 901.100.
    PROJECT/ACTIVITY: Muskegan Heights Housing Commission (MHHC).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data forms within 60 
calendar days after the end of the fiscal year covered by the 
certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 8, 1998.
    REASON GRANTED: HUD granted MHHC an extension of the 60-day time 
period due to loss of critical MHHC staff involved in the 
preparation of the required certifications. Further, MHHC discovered 
errors in its PHMAP data too late in the fiscal year to correct them 
on a timely basis.
    36. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: Waiver Request Housing Authority of the City 
of Arlington (HACA).
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data forms within 60 
calendar days after the end of the fiscal year covered by the 
certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: August 10, 1998.
    REASON GRANTED: HUD granted the waiver due to the resignation of 
the HACA Executive Director. HACA staff needed the additional time 
to reconstruct certain necessary files for the preparation of the 
PHMAP certifications.
    37. REGULATION: 24 CFR 901.100(b).
    PROJECT/ACTIVITY: Waiver Request Bald Knob Housing Authority, 
AK.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
governed the Public Housing Management Assessment Program. Section 
901.100 concerned data collection for each of the management 
function indicators examined under PHMAP. Section 901.100(b) 
directed that a PHA provide certification as to data on indicators 
not derived from existing reporting and data forms within 60 
calendar days after the end of the fiscal year covered by the 
certification.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: September 2, 1998.
    REASON GRANTED: Due to the extended hospitalization of the 
Executive Director's husband, which required a great deal of her 
time, the housing authority required additional time to prepare the 
required PHMAP certifications.
    38. REGULATION: 24 CFR 982.201(b)
    PROJECT/ACTIVITY: Lebanon Housing Authority, New Hampshire; 
Section 8 Rental Certificate Program.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 982 
describe the policies and procedures governing Section 8 tenant 
based assistance. Section 982.201 limits eligibility for the Section 
8 certificate and voucher programs to families that are either 
``very low income'' or are ``low income'' and fall within one of the 
categories identified in Secs. 982.201(b)(1)(ii)(A)-(F).
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 17, 1998.
    REASON GRANTED: The waiver of the very low income requirement 
was granted to a single parent with a degenerative neurological 
disease to relieve the financial stress caused by her high rent 
burden. The waiver allowed the certificate holder to continue her 
medication and prevented the breakup of the family, which would have 
resulted in her separation from her nine year old daughter.
    39. REGULATION: 24 CFR 982.202(b)(3) and 982.205(a).
    PROJECT/ACTIVITY: Leominister Housing Authority; Section 8 
Rental Certificate Program.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 982 
describe the policies and procedures governing Section 8 tenant 
based assistance. The regulations require the housing agency to use 
a single waiting list for admissions to its Section 8 tenant-based 
programs (Sec. 982.205(a)) and prohibits the selection of families 
for admission to the program based on where the family will live 
(Sec. 982.202(b)(3)).
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: July 30, 1998.
    REASON GRANTED: Approval of the waiver prevented hardship to 
eight families who were ready to move into units in a specific 
project. These families were selected from a separate waiting list.
    40. REGULATION: 24 CFR 984.105.
    PROJECT/ACTIVITY: South Delta Regional Housing Authority, Family 
Self-Sufficiency Program.
    NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 984 set 
forth the policies and procedures governing the public housing and 
Section 8 Family Self Sufficiency (FSS) program. Section 984.105 
establishes the minimum size of an FSS program that may be operated 
by a Housing Authority.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: September 3, 1998.
    REASON GRANTED: HUD granted the waiver to provide exemption from 
the FSS commitment for tenant-based assistance. The Housing 
Authority would not assist the families living in these Section 8 
projects where the owner was opting out of the project-based Section 
8 contracts because of the FSS requirement. The waiver was granted 
to prevent a hardship on the families who could not afford housing 
without Section 8 assistance.
    FOR ITEMS 41 AND 42, WAIVERS GRANTED FOR 24 CFR PART 990 
CONTACT: Joan DeWitt, Director, Funding and Financial Management 
Division, Office of Public and Assisted Housing Operations, Office 
of Public and Indian Housing, U.S. Department of Housing and Urban 
Development, 451 7th Street SW, Room 4216, Washington, DC 20410; 
telephone: (202) 708-1872 (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.
    41. REGULATION: 24 CFR 990.109.
    PROJECT/ACTIVITY: Warner Robins, Georgia Housing Authority.
    NATURE OF REQUIREMENT: Under HUD's Performance Funding System 
(PFS) regulations at 24 CFR part 990, the energy

[[Page 12682]]

conservation incentive that relates to energy performance 
contracting currently applies to only PHA-paid utilities.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: August 4, 1998.
    REASON WAIVED: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology for doing so. The Warner Robins 
Housing Authority requested a waiver based on the same approved 
methodology. The waiver permits the HA to exclude from its PFS 
calculation of rental income, increased rental income due to the 
difference between updated baseline utility (before implementation 
of the energy conservation measures) and revised allowances (after 
for the duration of implementation of the measures) for the 
project(s) involved for the duration of the contract period, which 
cannot exceed 12 years. The HA estimates that it could increase 
savings substantially if it were able to undertake energy 
performance contracting for both PHA-paid and tenant-paid utilities.
    42. REGULATION: 24 CFR 990.109.
    PROJECT/ACTIVITY: Lexington, Kentucky Housing Authority.
    NATURE OF REQUIREMENT: Under HUD's Performance Funding System 
(PFS) regulations at 24 CFR part 990, the energy conservation 
incentive that relates to energy performance contracting currently 
applies to only PHA-paid utilities.
    GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
Secretary for Public and Indian Housing.
    DATE GRANTED: August 4, 1998.
    REASON WAIVED: In September 1996, the Oakland Housing Authority 
was granted a waiver to permit the Authority to benefit from energy 
performance contracting for developments with tenant-paid utilities. 
The waiver was granted on the basis that the Authority presented a 
sound and reasonable methodology for doing so. The Lexington Housing 
Authority requested a waiver based on the same approved methodology. 
The waiver permits the HA to exclude from its PFS calculation of 
rental income, increased rental income due to the difference between 
updated baseline utility (before implementation of the energy 
conservation measures) and revised allowances (after for the 
duration of implementation of the measures) for the project(s) 
involved for the duration of the contract period, which cannot 
exceed 12 years. The HA estimates that it could increase savings 
substantially if it were able to undertake energy performance 
contracting for both PHA-paid and tenant-paid utilities.

[FR Doc. 99-6078 Filed 3-11-99; 8:45 am]
BILLING CODE 4210-32-P