[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Notices]
[Pages 55378-55387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26507]



[[Page 55377]]

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Part III





Department of Housing and Urban Development





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Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 64, No. 196 / Tuesday, October 12, 1999 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4512-N-02]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of Regulatory Waivers from April 
1, 1999 through June 30, 1999.

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SUMMARY: Under the Department of Housing and Urban Development Reform 
Act of 1989 (the ``HUD Reform Act''), HUD is required to make public 
all approval actions taken on waivers of regulations. This notice is 
the thirty-fourth in a series, 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 HUD Reform Act.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Assistant General Counsel for 
Regulations, Room 10276, U.S. Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410-0500; 
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 (800) 877-8339. 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 ``HUD 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 HUD 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 HUD 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-fourth notice of its kind to be 
published under section 106 of the HUD Reform Act. This notice updates 
HUD's waiver-grant activity from April 1, 1999 through June 30, 1999.
    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 July 1, 1999 through September 
30, 1999.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: October 4, 1999.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development, April 
1, 1999 through June 30, 1999

    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 7, Waivers Granted for 24 CFR Part 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 Seventh Street, SW, 
Washington, DC 20410; telephone (202) 708-2565. Hearing- or speech-
impaired persons may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339.
    1. Regulation: 24 CFR 92.2.
    Project Activity: The City of Baltimore, Maryland requested a 
waiver of certain requirements contained in the definition of the term 
``single room occupancy (SRO)'' for a project that will consist of 
assisted living units for the elderly. The project will be converted 
from an old fire house.
    Nature of Requirement: 24 CFR 92.2 contains the definition of the 
term ``single room occupancy (SRO)''. The definition requires that SRO 
units in projects that consist of new construction, conversion of non-
residential space, or reconstruction must contain either sanitary or 
food preparation facilities.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: May 6, 1999.
    Reasons Waived: HUD determined that there was good cause to grant 
the waiver. The project could not go forward if separate sanitary or 
food preparation facilities would be required in each unit. These 
facilities will be available for the low-income elderly residents of 
the project by installing shared sanitary facilities and a common 
dining area.
    2. Regulation: 24 CFR 92.251.
    Project/Activity: The State of Oklahoma requested a waiver of the 
HOME Program property standards with respect to funds expended in 
Midwest City, Oklahoma.

[[Page 55379]]

    Nature of Requirement: 24 CFR 92.251 requires that housing units 
assisted with HOME funds meet certain property standards, which vary 
according to the activity undertaken.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 9, 1999.
    Reasons Waived: HUD determined that there was good cause to grant 
the waiver. The waiver is needed to facilitate the use of HUD funds for 
emergency repairs to homes and on-site infrastructure damaged by 
tornadoes. The waiver extends to State HOME funds expended for damaged 
properties in Midwest City and any other areas included in the 
Presidential disaster declaration.
    3. Regulation: 24 CFR 92.254(a)(4).
    Project/Activity: The City of Little Rock, Arkansas requested a 
waiver of the affordability and repayment requirements for HOME-
assisted housing.
    Nature of Requirement: 24 CFR 92.254(a)(4) requires HOME-assisted 
housing to meet certain affordability requirements.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 9, 1999.
    Reasons Waived: HUD determined that there was good cause for the 
waiver because the City had lost two units out of a seven unit HOME-
funded rental development as a result of tornado damage that occurred 
on January 21, 1999.
    4. Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: Lake County, Illinois requested an extension of 
the five-year deadline for the expenditure of HOME disaster grant 
funds.
    Nature of Requirement: 24 CFR 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.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 30, 1999.
    Reasons Waived: HUD determined that there was good cause to grant 
this waiver. The HOME funds will be used to assist the homeowners in 
the Williams Park subdivision, a low-income area that suffered severely 
from the 1993 floods and has a recurring flooding problem. The funds 
will be used to provide deferred home loans for people being displaced 
by a FEMA-funded acquisition and demolition program.
    5. Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: St. Louis, Missouri requested an extension of the 
five-year deadline for the expenditure of HOME disaster grant funds.
    Nature of Requirement: 24 CFR 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.
    Granted By: Kenneth G. Williams, Deputy Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 4, 1999.
    Reasons Waived: HUD determined that there was good cause to grant 
this waiver.
    6. Regulation: 24 CFR 92.500(d)(1)(B) and (C).
    Project/Activity: The County of Los Angeles, California requested a 
waiver of commitment and expenditure deadlines in the HOME program.
    Nature of Requirement: 24 CFR 92.500(d)(1)(B) and (C) require HOME 
funds to be committed within two years and expended within five years 
of the time HUD makes funds available.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 7, 1999.
    Reasons Waived: HUD determined that there was good cause for both 
waivers. The need for the disbursement extension arose from legal 
issues that temporarily stalled the project. The County will be able to 
commit additional funds from its HOME disaster grant to the Abraham 
project until June 30, 1999. The County will be able to disburse 
additional funds from its HOME disaster grant to the Abraham project 
until June 30, 2000 .
    7. Regulation: 24 CFR 92.500(d)(1)(C).
    Project/Activity: The State of Florida requested an extension of 
the five-year deadline for the expenditure of HOME disaster grant 
funds.
    Nature of Requirement: 24 CFR 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.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 29, 1999.
    Reasons Waived: HUD determined that there was good cause for the 
waiver because of the profound needs and difficulties associated with 
providing relief from disaster damage.
    For Item 8, Waiver Granted for 24 CFR Part 207, Contact: James B. 
Mitchell, Eastern and Atlantic Servicing Branch, Office of Portfolio 
Management, U.S. Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3730. 
Hearing-or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    8. Regulation: 24 CFR 207.259(b)(2)(iv).
    Project/Activity: Timberland Apartments, Williamsport, 
Pennsylvania, project Number: 034-32036.
    Nature of Requirement: 24 CFR 207.259(b)(2)(iv) states that, in the 
event of a default, 1 percent of the mortgage funds advanced to a 
mortgagor and not repaid as of the date of default shall be deducted 
from the amount paid on an insurance claim.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 12, 1999.
    Reasons Waived: The Commonwealth of Pennsylvania requested a waiver 
in connection with the refunding of certain outstanding 11(b) bonds, 
issued in 1979. These bonds financed construction of Timberland 
Apartments, a Section 8 assisted insured project. The waiver was 
granted to assure purchasers of the bonds that the project would not be 
disadvantaged in the event of an insurance claim.
    For Item 9, Waiver Granted for 24 CFR PART 234, Contact: Vance T. 
Morris, Director, Home Mortgage Insurance Division, Office of Insured 
Single Family Housing, U.S. Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410; telephone 
(202) 708-2700. Hearing-or speech-impaired persons may access this 
number via TTY by calling the Federal Information Relay Service at 
(800) 877-8339.
    9. Regulation: 24 CFR 234.1.
    Project/Activity: Manufactured housing in Colton, California.
    Nature of Requirement: 24 CFR 234.1 excepts manufactured homes from 
eligibility for condominium mortgage insurance.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 23, 1999.
    Reasons Waived: 24 CFR 234.1 must be waived for manufactured homes 
in condominium developments to be eligible for FHA mortgage insurance. 
The waiver was granted to allow a developer in Colton, California to 
obtain FHA mortgage insurance for manufactured housing that has been 
permanently erected for more than one

[[Page 55380]]

year. The waiver was conditioned upon all the requirements listed 
pursuant to 24 CFR 203.43(f) and the requirement that both a builder 
warranty and a ten-year warranty plan be provided to homeowners.
    For Item 10, 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 Seventh Street, SW, Washington, DC 20410; telephone 
(202) 708-1672. Hearing- or speech-impaired persons may access this 
number via TTY by calling the Federal Information Relay Service at 
(800) 877-8339.
    10. Regulation: 24 CFR 291.210(a).
    Project/Activity: Providing HUD-owned single family properties to 
governmental entities and private nonprofit organizations, on a direct 
sales basis and with mortgage insurance, for use in the Officer Next 
Door Sales Program.
    Nature of Requirement: 24 CFR 291.210(a) permits direct sales of 
HUD-owned properties, without mortgage insurance, to governmental 
entities and private nonprofit organizations for use in HUD and local 
housing or homeless programs.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 29 and June 30, 1999.
    Reasons Waived: HUD approved these waivers to enable governmental 
entities and nonprofit organizations the opportunity to fully 
participate in the Officer Next Door Program by allowing them to 
purchase eligible properties with mortgage insurance for resale to law 
enforcement officers. Based on HUD's experience with REO sales, HUD 
determined that it would not be detrimental to the insurance fund to 
permit governmental entities and private nonprofit organizations to 
purchase properties offered with mortgage insurance for use in the 
Officer Next Door Sales Program.
    For Items 11 Through 18, Waivers Granted for 24 CFR Parts 576, 577, 
582, and 583, 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 
Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2565. 
Hearing- or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    11. Regulation: 24 CFR 576.21.
    Project/Activity: The State of Wisconsin requested a waiver of the 
30 percent spending limitation on essential services.
    Nature of Requirement: 24 CFR 576.21 states that recipients of ESG 
grant funds are subject to the limits on the use of assistance for 
essential services established in 42 U.S.C. 11374(a)(2) (section 
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42 
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential 
services to 30 percent of the aggregate amount of all assistance to a 
State or local government under the ESG program.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 5, 1999.
    Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the 
grantee is able to demonstrate that other eligible activities under the 
program are already being carried out in the locality with other 
resources. The State of Wisconsin provided HUD with the necessary 
documentation that alternative funding would be used for the other ESG 
activities.
    12. Regulation: 24 CFR 576.21.
    Project/Activity: The City of Chicago, Illinois requested a waiver 
of the 30 percent spending limitation on essential services.
    Nature of Requirement: 24 CFR 576.21 states that recipients of ESG 
grant funds are subject to the limits on the use of assistance for 
essential services established in 42 U.S.C. 11374(a)(2) (section 
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42 
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential 
services to 30 percent of the aggregate amount of all assistance to a 
State or local government under the ESG program.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 5, 1999.
    Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the 
grantee is able to demonstrate that other eligible activities under the 
program are already being carried out in the locality with other 
resources. The City provided HUD with the necessary documentation that 
alternative funding would be used for the other ESG activities.
    13. Regulation: 24 CFR 576.21.
    Project/Activity: The State of New York requested a waiver of the 
30 percent spending limitation on essential services.
    Nature of Requirement: 24 CFR 576.21 states that recipients of ESG 
grant funds are subject to the limits on the use of assistance for 
essential services established in 42 U.S.C. 11374(a)(2) (section 
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42 
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential 
services to 30 percent of the aggregate amount of all assistance to a 
State or local government under the ESG program.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 19, 1999.
    Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the 
grantee is able to demonstrate that other eligible activities under the 
program are already being carried out in the locality with other 
resources. The State of New York provided HUD with the necessary 
documentation that alternative funding would be used for the other ESG 
activities.
    14. Regulation: 24 CFR 576.21.
    Project/Activity: Morris County, New Jersey requested a waiver of 
the 30 percent spending limitation on essential services.
    Nature of Requirement: 24 CFR 576.21 states that recipients of ESG 
grant funds are subject to the limits on the use of assistance for 
essential services established in 42 U.S.C. 11374(a)(2) (section 
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42 
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential 
services to 30 percent of the aggregate amount of all assistance to a 
State or local government under the ESG program.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 20, 1999.
    Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the 
grantee is able to demonstrate that other eligible activities under the 
program are already being carried out in the locality with other 
resources. Morris County provided HUD with the necessary documentation 
that alternative funding would be used for the other ESG activities.
    15. Regulation: 24 CFR 576.35(a)(2).
    Project/Activity: The State of Alabama requested a waiver of this 
provision for a project involving a homeless shelter in the City of 
Montgomery.
    Nature of Requirement: 24 CFR 576.35(a)(2) requires State 
recipients to obligate their ESG program within 180 days of the date on 
which the State makes the grant amounts available to the State 
recipient.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 19, 1999.
    Reasons Waived: HUD determined that there was good cause for the 
waiver

[[Page 55381]]

because the nonprofit sponsor was delayed in acquiring the property for 
the proposed shelter site, and the failure to complete the project will 
adversely affect the ability of the City of Montgomery to serve its 
homeless population.
    16. Regulation: 24 CFR 577.117.
    Project/Activity: Cornerstone Advocacy Services of Bloomington, 
Minnesota requested a waiver of the Supportive Housing Demonstration 
Program regulations regarding recipient share of supportive services 
and operating costs.
    Nature of Requirement: 24 CFR 577.117 requires the recipient to 
document that it has cash resources to pay the percentage of the total 
cost of supportive services and operating costs not funded by HUD. If 
this requirement is not met, HUD may withhold supportive services or 
operating cost payments.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: May 13, 1999.
    Reasons Waived: HUD determined that there is good cause to waive 
this requirement to allow Cornerstone Advocacy to average the share 
dollars used within the program's final three years because they have 
met share, cumulatively, in the final three years of the grant term.
    17. Regulation: 24 CFR 582.105(e).
    Project/Activity: Contra Costa County Housing Authority requested a 
waiver of the 8 percent administrative cap for its 1993 Shelter Plus 
Care grant.
    Nature of Requirement: 24 CFR 582.105(e) requires an 8 percent 
administrative cap for Shelter Plus Care grants.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: June 9, 1990.
    Reasons Waived: HUD determined that there was good cause for the 
waiver because the housing authority will serve more persons than 
originally anticipated and for an additional period of time with no 
increase in funds.
    18. Regulation: 24 CFR 583.115(b)(2).
    Project/Activity: Save the Family Foundation in Mesa, Arizona 
requested a waiver of the Fair Market Rent (FMR) cap.
    Nature of Requirement: 24 CFR 583.115(b)(2) requires that where HUD 
grants are used to pay for a portion of rental rates, those rates must 
not exceed HUD-determined FMR.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 20, 1999.
    Reasons Waived: HUD determined that there was good cause to grant 
the waiver to Save the Family Foundation because the size of the 
required units for these projects makes finding available units 
difficult.
    For Item 19, Waiver Granted For 24 CFR Part 880, Contact: Gloria 
Burton, Western and Pacific Servicing Branch, Office of Portfolio 
Management, U.S. Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3730. 
Hearing- or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
     19. Regulation: 24 CFR 880.606(a).
    Project/Activity: Section 8 New Construction projects located in 
Oklahoma counties declared disaster areas after recent tornado 
activity.
    Nature of Requirement: 24 CFR 880.606(a) requires that lease terms 
for Section 8 New Construction projects be for not less than 1 year.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 23, 1999.
    Reasons Waived: Recent tornado activity in Oklahoma destroyed or 
damaged over 7,000 housing units, approximately 3,000 of which were 
damaged beyond repair. This created a tremendous need for short-term 
housing in the affected areas. HUD determined that these conditions 
constituted good cause to waive 24 CFR 880.606(a) and allow owners to 
enter into leases with terms of less than one year with disaster 
families.
    For Items 20 Through 21, Waivers Granted For 24 CFR Part 882, 
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 Seventh Street, SW, 
Washington, DC 20410; telephone (202) 708-2565. Hearing- or speech-
impaired persons may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339.
    20 Regulation: 24 CFR 882.408(a).
    Project/Activity: The Housing Authority of the City of Los Angeles, 
California requested a waiver from HUD.
    Nature of Requirement: 24 CFR 882.408(a) requires that the initial 
Gross Rent for any project must not exceed the Moderate Rehabilitation 
Fair Market Rent (FMR) applicable to the unit on the date that the 
Agreement to Enter into a Housing Assistance Contract is executed.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 19, 1999.
    Reasons Waived: The regulations allow a Field Office to approve 
initial Gross Rents that exceed the applicable FMR by up to 10 percent 
for all units of a given size in specified areas. The FMRs in effect 
would have made the projects unfeasible. HUD waived the provision, 
which only allows pre-Agreement exception rents to be approved on an 
area-wide basis, to allow project specific pre-agreement exception 
rents to be approved upon a showing of good cause.
    21. Regulation: 24 CFR 882.803(a)(3).
    Project/Activity: Lake County, Illinois requested a waiver of the 
provision, which prohibits the use of an existing VA facility for SRO 
housing.
    Nature of Requirement: 24 CFR 882.803(a)(3) of the SRO regulations 
prohibits the use of facilities within the grounds of medical, mental, 
and similar public or private institutions or facilities providing 
psychiatric, medical, or nursing services.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: April 19, 1999.
    Reasons Waived: HUD granted a waiver for this VA underutilized 
facility for SRO use because it would permit the development of a 
project to serve homeless singles in the suburban Chicago area that 
would not otherwise be possible.
    For Items 22 Through 52, Waivers Granted For 24 CFR Part 891, 
Contact: Willie Spearmon, Director, Office of Business Products, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410; telephone (202) 708-3000. Hearing- or speech-
impaired persons may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339.
    22. Regulation: 24 CFR 891.100(d).
    Project/Activity: Walton Rehab Hospital, Augusta, Georgia, Project 
Number: 061-EE059/GA06-S971-003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.100(d) 
allows HUD to amend the amount of an approved capital advance only 
after an initial closing has occurred.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 5, 1999.

[[Page 55382]]

    Reasons Waived: Additional funds are required due to extensive work 
needed on the site prior to construction.
    23. Regulation: 24 CFR 891.100(d).
    Project/Activity: West Hamlin Unity Apartments, West Hamlin, West 
Virginia, Project Number: 045-HDO26/WV15-S971-002; Highview Unity 
Apartments, Charleston, West Virginia, Project Number: 045-EE010/WV-15-
S971-001.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.100(d) 
allows HUD to amend the amount of an approved capital advance only 
after an initial closing has occurred.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 10, 1999.
    Reasons Waived: Although projects are modest in design and are 
comparable in costs, additional funds are needed for feasibility.
    24. Regulation: 24 CFR 891.100(d).
    Prject/Activity: Ellery Court Senior Housing, New York, New York, 
Project Number: 012-EE186/NY36-S961-004.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.100(d) 
allows HUD to amend the amount of an approved capital advance only 
after an initial closing has occurred.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 11, 1999.
    Reasons Waived: The fund reservation calculation for this and all 
other FY 1996 projects in the New York Office did not reflect the 
actual development cost for this job.
    25. Regulation: 24 CFR 891.100(d).
    Project/Activity: Sunrise Dwellings II, Delaware, Ohio, Project 
Number: 043-HDO32/OH16Q971001.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.100(d) 
allows HUD to amend the amount of an approved capital advance only 
after an initial closing has occurred.
    Granted By William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 11, 1999.
    Reasons Waived: Additional funds are necessary for project 
feasibility. The project's development costs are comparable to similar 
projects in the area, and the units are modestly designed.
    26. Regulation: 24 CFR 891.100(d).
    Project/Activity: Save Residential, Kansas City, Missouri, Project 
Number: 084HDO22WPD/MO16Q971003; The Woodland at Citadel, Kansas City, 
Missouri, Project Number: 084EE029WAH/MO16S71003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.100(d) 
allows HUD to amend the amount of an approved capital advance only 
after an initial closing has occurred.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 30, 1999.
    Reasons Waived: Increased construction activity in the area caused 
increased costs due to the contractors paying premium prices for 
materials and labor.
    27. Regulation: 24 CFR 891.165.
    Project/Activity: Ralston Mercy Douglass Home, Philadelphia, 
Pennsylvania, Project Number: 034-EE061/PA26-S961-005.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: Additional time was required due to a change in 
site and lengthy negotiations with the University of Pennsylvania.
    28. Regulation: 24 CFR 891.165.
    Project/Activity: Odenton Senior Housing, Baltimore, Maryland, 
Project Number: 052-EE020/MDO6S961003; Brownlow Byron/Richey House, 
Project Number: 052-HDO21/MDO6Q961001; Hampton Falls, Project Number: 
052-HDO22/MDO6Q961002
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: HUD needed additional time to review the initial 
closing documents for these projects.
    29. Regulation: 24 CFR 891.165.
    Project/Activity: Connections Section 811, Wilmington, Delaware, 
Project Number: 032-HDO18-CMI/DE26-Q961-004
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: The waiver was granted because the selected site is 
in a historic district, and additional time was required to negotiate 
the Memorandum of Understanding for development of the project.
    30. Regulation: 24 CFR 891.165.
    Project/Activity: Oakwood Senior Housing, South Brunswick, New 
Jersey, Project Number: 031-EE040/NJ39-S961-006
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: HUD needed additional time to review the initial 
closing documents.
    31. Regulation: 24 CFR 891.165.
    Project/Activity: Haledon Consumer Home, Haledon, New Jersey, 
Project Number: 031-HDO75/NJ39-Q961-015
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.

[[Page 55383]]

    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: Additional time was required for the owner to 
incorporate accessibility changes to accommodate persons with 
disabilities.
    32. Regulation: 24 CFR 891.165.
    Project/Activity: Riverview Manor, Blairsville, Georgia, Project 
Number: 061-HDO52/GAO6-Q961007
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: April 19, 1999.
    Reasons Waived: The Sponsor/Owner had to change plans and estimates 
several times in order for the project to be feasible.
    33. Regulation: 24 CFR 891.165.
    Project/Activity: Webster Supportive Housing, Webster, Texas, 
Project Number: 114-HDO12-WAH/TX24-Q961-001.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 1999.
    Reasons Waived: HUD had to approve the firm commitment and initial 
closing documents.
    34. Regulation: 24 CFR 891.165.
    Project/Activity: Ozanam Village, Chicago, Illinois, Project 
Number: 071-EE112/IL06-S961-003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 1999.
    Reasons Waived: HUD needed time to review the Firm Commitment 
Application.
    35. Regulation: 24 CFR 891.165.
    Project/Activity: Presbyterian Home, West Windsor, New Jersey, 
Project Number: 035-EE022/NJ39-S961-001; Three Bridges Lutheran 
Housing, Readington, New Jersey, Project Number: 031-EE042/NJ39-S961-
008; Village Supervised Apartments, Hamilton Township, New Jersey, 
Project Number: 035-HD034/NJ39-Q961-005.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 1999.
    Reasons Waived: Presbyterian Home--Delays were caused by the 
Sponsor trying to identify additional funds for project feasibility. 
Three Bridges Lutheran Housing--Additional time was needed by HUD to 
review the initial closing package. Village Supervised Apartments--
Additional time was needed by HUD to process the firm commitment 
application and initial closing documents.
    36. Regulation: 24 CFR 891.165.
    Project/Activity: Mercy Gardens, San Diego, California, Project 
Number: 122-HDO11-WPD-NP/CA33-Q961-001; Women's Village Project, Los 
Angeles, California, Project Number: 122-HDO85-WPD-NP-CA16-Q961-0014.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 1999.
    Reasons Waived: Delays were caused by the revision of lot line 
adjustments and the modification of the Conditional Use Permit. HUD 
needed time to approve the initial closing documents.
    37. Regulation: 24 CFR 891.165.
    Project/Activity: Metairie Manor III, New Orleans, Louisiana, 
Project Number: 064-EE061-WAH-NP-L8, LA48-S961-003; Westminister Towers 
II, Kenner, Louisiana, Project Number: 064-EE072-WAH-NP-L8, LA-48-S961-
014; Leisure Lane, Rayne, Louisiana, Project Number: 064-EE065-WAH-NP-
L8, LA48-S961-007; Morse Elderly Housing, Morse, Louisiana, Project 
Number: 064-EE066-WAH-NP-L8, LA48-S961-008; Westminister Woods, 
Bogalusa, Louisiana, Project Number: 064-EE073-WAH-NP-L8, LA48-S961-
015; Mason de Tours, Kaplan, Louisiana, Project Number: 064-HDO35-WPD-
NP-L8, LA48-Q961-001; Franciscan House, Monroe, Louisiana, Project 
Number: 064-HDO37-WPD-NP-L8 LA48-Q961-003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: April 30, 1999.
    Reasons Waived: HUD needed additional time to review the Firm 
Commitment Application and initial closing documents.
    38. Regulation: 24 CFR 891.165.
    Project/Activity: Freeman Apartments, Springfield, New Jersey, 
Project Number: 031-HDO66/NJ39-Q961-003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 3, 1999.
    Reasons Waived: The Firm submission was delayed because of the 
owner's search for additional funding as well as obtaining local 
approval for the drawings and specifications.
    39. Regulation: 24 CFR 891.165.
    Project/Activity: River View Gardens, New York, New York, Project 
Number: 012-EE195/NY36-S961-013.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the

[[Page 55384]]

duration of the fund reservation for the capital advance is 18 months 
from the date of issuance, with limited exceptions up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 1999.
    Reasons Waived: Delays occurred when another developer had to be 
identified because the first developer was not able to secure 
financing.
    40. Regulation: 24 CFR 891.165.
    Project/Activity: John King Center, San Francisco, California, 
Project Number: 131-EE099/CA39S961012.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 5, 1999.
    Reasons Waived: Delays were caused because of the project's complex 
design and the Owner's efforts to secure necessary secondary financing 
for the project.
    41. Regulation: 24 CFR 891.165.
    Project/Activity: Catholic Community Service, Elizabeth, New 
Jersey, Project Number: 031-EE037/NJ39-S951-006.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 10, 1999.
    Reasons Waived: Additional time was required for HUD to close the 
project.
    42. Regulation: 24 CFR 891.165.
    Project/Activity: Lakeland Manor, Santa Fe Springs, California, 
Project Number: 122-HDO89-WPD-NP/CA16-Q961-005.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 13, 1999.
    Reasons Waived: Delay was caused by a site change.
    43. Regulation: 24 CFR 891.165.
    Project/Activity: Sienna Springs II, Dayton, Ohio, Project Number: 
046-EE034/OH10-Q961-001; Canaan Manor (aka William C. Thomas), Newark, 
Ohio, Project Number: 046-HDO18/OH10-Q961-001; Accessible Country 
Trail, Toledo, Ohio, Project Number: O42-HDO55/OH12-Q961-002; Glenpark 
Manor, Youngstown, Ohio, Project Number: 042-EE082/OH12-S961-009; Carey 
East (aka Open Arms), Cleveland, Ohio, Project Number: 042-HDO67/OH12-
Q961-014; Ziegler Homes II(aka Living Stream), Toledo, Ohio, Project 
Number: 042-HDO58/OH12-961-005.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 25, 1999.
    Reasons Waived: Sienna Springs II--Delays were caused by the 
Sponsor having to resolve some outstanding audit findings as well as 
obtaining approval of the site. Canaan Manor (aka William C. Thomas)--
Sponsor experienced strong community opposition and was forced to seek 
an alternate site. Further delays were experienced when the presently 
optioned site required local government approval of a lot split and 
approval of the method to control water drainage on the site. 
Accessible Country Trail--Delays were caused by the Owner having to 
resolve unforeseen site and zoning concerns, which surfaced after the 
funding award. Glenpark Manor--Owner was unable to meet the cash 
shortfall in the Capital Advance. Delays were incurred in filing their 
application with the Ohio Department of Development for gap financing. 
Carey East (aka Open Arms)--Project experienced numerous delays due to 
a site change, zoning problems, noise concerns, change in development 
method, and also change in the general contractor. Ziegler Homes II 
(aka Living Stream)--Delays occurred as Owner resolved unforeseen 
zoning issues and deed restrictions, which came to light after the 
funding award and while waiting on evidence of 501(c)(3) ruling from 
the IRS.
    44. Regulation: 24 CFR 891.165.
    Project/Activity: Arc HUD III, Wilmington, Delaware, Project 
Number: 032-HDO17-WDD/DE26-Q961-003; Collegeville Community Living 
Arrangement, Collegeville Borough, Montgomery County, Pennsylvania; 
Lock Haven Court, Lock Haven, Clinton County, Pennsylvania, Project 
Number: 034-EE067-WAH/PA26-S962-002; Norris Square Apartments, 
Philadelphia, Pennsylvania, Project Number: 034-EE068-WAH/PA26-S061-
011; Spring City Elderly Housing, Spring City, Chester County, 
Pennsylvania, Project Number: 0334-EE057-WAH/PA26-S961-002.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 25, 1999.
    Reasons Waived: HUD needed time to complete the firm commitment 
processing review and approve the initial closing documents.
    45. Regulation: 24 CFR 891.165.
    Project/Activity: Southern New Hampshire Services, Inc., Antrim, 
New Hampshire, Project Number: 024-EE032-WAH/NH36-Q961-003.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 25, 1999.
    Reasons Waived: HUD needed additional time to approve the firm 
commitment and initial closing documents.
    46. Regulation: 24 CFR 891.165.
    Project/Activity: Mental Health Association/North Carolina Haywood 
County Group Home, Waynesville, North Carolina, Project Number: 053-
HD144/NC19-Q971-009.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C.

[[Page 55385]]

1701q) and section 811 of the National Affordable Housing Act (42 
U.S.C. 8013). 24 CFR 891.165 provides that the duration of the fund 
reservation for the capital advance is 18 months from the date of 
issuance, with limited exceptions up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 25, 1999.
    Reasons Waived: The Town of Waynesville denied a building permit 
for the Group Home. Although the permit was filed prior to the Town 
amending its zoning ordinance to prohibit group homes being located 
within one-half mile of each other, the Town refused to acknowledge the 
permit application's validity. Additional time was required for the 
Sponsor to pursue a lawsuit.
    47. Regulation: 24 CFR 891.165.
    Project/Activity: Waverly Residence, New York, New York, Project 
Number: 012-HD066/NY36-Q961-019.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 25, 1999.
    Reasons Waived: Additional time was required for the Owner to 
review the impact of the amount of off-site roadway, which may affect 
the owner's financial requirements for closing. Additional time was 
also needed for HUD to review the impact on the previous processing.
    48. Regulation: 24 CFR 891.165.
    Project/Activity: Villa Esperanza, Gilroy, California, Project 
Number: 121-HDO53-WDD/CA29-Q961-007.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 27, 1999.
    Reasons Waived: Delays were caused by the Co-sponsors trying to 
secure additional funding for the project.
    49. Regulation: 24 CFR 891.165.
    Project/Activity: Haledon Consumer Home, Haledon, New Jersey, 
Project Number: 031-HDO75/NJ39-Q961-015.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 2, 1999.
    Reasons Waived: The closing was delayed because HUD's closing 
attorney experienced an unanticipated change in priorities and because 
of his heavy schedule of closings.
    50. Regulation: 24 CFR 891.165.
    Project/Activity: Covenant Place, Milwaukee, Wisconsin, Project 
Number: 075-EE045/WI39S961001.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 11, 1999.
    Reasons Waived: HUD needed additional time to review the initial 
closing documents.
    51. Regulation: 24 CFR 891.165.
    Project/Activity: Roxbury Senior Housing, Roxbury, Connecticut, 
Project Number: 017-EE039/CT26-S971-008.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 18, 1999.
    Reasons Waived: Delays were experienced because the Town of Roxbury 
had never had multifamily housing developed within the Town, and local 
approval proceeded slowly.
    52. Regulation: 24 CFR 891.165.
    Project/Activity: Rosevine Apartments, Berkeley, California, 
Project Number: 121-HDO50-NP-WDD/CA39-Q961-004.
    Nature of Requirement: HUD provides capital advances under section 
202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the 
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165 
provides that the duration of the fund reservation for the capital 
advance is 18 months from the date of issuance, with limited exceptions 
up to 24 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: June 30, 1999.
    Reasons Waived: Delays were experienced because the project owner 
needed to find another general contractor when the original contractor 
quit and because the owner had to find another funding source due to a 
shortfall.
    For Items 53 Through 55, Waivers Granted For 24 CFR Part 891, 
Contact: Jerold Nachison, Eastern and Atlantic Servicing Branch, Office 
of Portfolio Management, U.S. Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410; telephone 
(202) 708-3730. Hearing-or speech-impaired persons may access this 
number via TTY by calling the Federal Information Relay Service at 
(800) 877-8339.
    53. Regulation: 24 CFR 891.205 and 410(c).
    Project/Activity: The Kansas City Multifamily HUB requested an age 
waiver for Palestine Gardens North, Kansas City, Missouri, Project No: 
084-EE019.
    Nature of Requirement: 24 CFR 891.205 defines the term ``Elderly 
person'' as a household of one or more persons at least one of whom is 
62 years of age at the time of initial occupancy.
    Granted by: William C. Apgar, Assistant Secretary for Housing--
Federal Housing Commissioner.
    Date Granted: May 13, 1999.
    Reasons Waived: This waiver was granted because of the special 
circumstances of this case. The manager of the project erred during 
occupancy because he/she was not familiar with Section 202/PRAC 
occupancy standards, and permitted the ineligible elderly disabled 
tenant to occupy a unit. Project management must assist the tenant in 
locating another unit or provide moving expenses.
    54. Regulation: 24 CFR 891.205 and 410(c).
    Project/Activity: The Buffalo Multifamily Hub requested age and 
very-low income waivers for 1490 Estates, Buffalo, New York, Project 
Number: 014-EE005).

[[Page 55386]]

    Nature of Requirement: 24 CFR 891.205 defines the term ``Elderly 
person'' as a household of one or more persons at least one of whom is 
62 years of age at the time of initial occupancy.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 13, 1999.
    Reasons Waived: The waiver was granted to allow four disabled heads 
of households to remain based on the special circumstances of this 
case. Due to low occupancy of the project, project management has also 
requested an income waiver to allow low-income people to live in the 
project to maintain project viability.
    55. Regulation: 24 CFR part 891.205, 410(c), 575, and 610.
    Project/Activity: West Wynde Retirement Community, Moultonborough, 
New Hampshire, Project Number: 024-EE038. The Manchester Multifamily 
Program Center requested a waiver of the age requirement for current 
heads of households who are Low Income (LI) rather than Very Low Income 
(VLI) and/or ineligible because they are under the age of 62.
    Nature of Requirement: HUD regulations at 24 CFR part 891 require 
that occupancy be limited to Very Low Income (VLI) elderly persons.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 10, 1999.
    Reasons Waived: This waiver was granted because of the special 
circumstances of this case. The financial viability of the project was 
threatened by an apparent error in estimating market demand. Therefore, 
to ensure viability, the two current LI elderly households are needed 
to remain, and the project needs to be able to open occupancy to other 
LI elderly households.
    For Item 56, Waiver Granted for 24 CFR Part 891, Contact: Frank W. 
Parker, Eastern and Atlantic Servicing Branch, Office of Portfolio 
Management, U.S. Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3730. 
Hearing- or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    56. Regulation: 24 CFR 891.205 and 410(c).
    Project/Activity: The Boston Multifamily HUB requested an age 
waiver for the Henderson School Apartments, Henderson, New York, 
Project Number: 013-EE033/NY-06-S921-011.
    Nature of Requirement: 24 CFR 891.205 defines the term ``Elderly 
person'' as a household of one or more persons at least one of whom is 
62 years of age at the time of initial occupancy.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: June 30, 1999.
    Reasons Waived: The waiver was granted because of sustained high 
vacancy rates and indications of a soft market for VLI families in the 
area. The admission income limits were requested to be changed from 50 
percent of median income (VLI) to 80 percent of median (LI) to sustain 
occupancy and maintain project viability.
    For Item 57, Waiver Granted for 24 CFR Part 891, Contact: Margaret 
Keels, Eastern and Atlantic Servicing Branch, Office of Portfolio 
Management Branch, U.S. Department of Housing and Urban Development, 
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3730. 
Hearing- or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    57. Regulation: 24 CFR 891.575 and 610(c).
    Project/Activity: Greenpointe Apartments, Greenville, North 
Carolina, Project Number: 053-EH653. The Greensboro Multifamily HUB 
requested an age waiver for the project.
    Nature of Requirement: HUD regulations at 24 CFR part 891 require 
that occupancy be limited to Very Low Income (VLI) elderly persons.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: May 13, 1999.
    Reasons Waived: The waiver was granted in order to allow management 
of the project additional flexibility in attempting to rent-up vacant 
units and maintain project viability.
    For Items 58 Through 60, Waivers for 24 CFR Parts 982 and 983, 
Contact: Gloria J. Cousar, Deputy Assistant Secretary for Public and 
Assisted Housing Delivery, Office of Public and Indian Housing, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410; telephone (202) 708-1380. Hearing- or speech-
impaired persons may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339.
    58. Regulation: 24 CFR 982.303(b)(1).
    Project/Activity: Housing Authority of Alameda County, California, 
Section 8 Rental Certificate Program.
    Nature of Requirement: 24 CFR 982.303(b)(1) provides for a maximum 
rental certificate/voucher term of 120 days, during which a 
certificate/voucher holder may seek housing to be leased under the 
program.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: April 16, 1999.
    Reasons Waived: Approval of the waiver provided the certificate 
holder additional time to seek housing. The certificate holder 
experienced extreme difficulty in locating a suitable unit.
    59. Regulation: 24 CFR 982.306(d).
    Project/Activity: Palm Beach County Housing Authority, Florida, 
Section 8 Voucher Program.
    Nature of Requirement: 24 CFR 982.306(d) limits the circumstances 
under which a landlord can lease a unit with tenant-based assistance to 
a relative of the landlord.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: May 24, 1999.
    Reasons Waived: Approval of the waiver prevented further emotional 
hardship on the family and financial hardship on the landlord. The 
landlord contracted to build a residential unit with a separate 
accessory dwelling unit for the sole purpose of leasing the unit to a 
relative prior to the effective date of regulation.
    60. Regulation: 24 CFR 983.7(c)(4).
    Project/Activity: The San Francisco Housing Authority, California, 
requested a waiver to provide project-based voucher assistance for 50 
units at Golden Gate Apartments, a Section 236 project.
    Nature of Requirement: 24 CFR 983.7(c)(4) prohibits attachment of 
project-based assistance to a Section 236 project (insured or non-
insured) or a unit subsidized with Section 236 rental assistance 
payments.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: May 5, 1999.
    Reasons Waived: Approval of the waiver ensured that affordable 
housing is preserved in the City, where there has been a severe 
reduction in the number of affordable units for low-income families in 
the rental market.
    For Items 61 Through 62, 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 Seventh Street, SW, Washington, DC 20410; telephone 
(202) 708-1872. Hearing- or speech-impaired persons may access this 
number via TTY by calling the

[[Page 55387]]

Federal Information Relay Service at (800) 877-8339.
    61. Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Tuscaloosa, Alabama Housing Authority. A request 
was made to permit the Authority to benefit from energy performance 
contracting for developments that have tenant-paid utilities. The 
Authority estimates that it could increase savings substantially if it 
were able to undertake energy performance contracting for both PHA-paid 
and tenant-paid utilities.
    Nature of Requirement: Under the Performance Funding System (PFS), 
energy conservation incentives that relate to energy performance 
contracting currently apply to only PHA-paid utilities. The Tuscaloosa 
Housing Authority has both PHA-paid and tenant-paid utilities.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: June 28, 1999.
    Reasons 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 had presented a 
sound and reasonable methodology for doing so. The Tuscaloosa 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 (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.
    62. Regulation: 24 CFR 990.110(c)(2)(ii).
    Project/Activity: Holyoke, Massachusetts Housing Authority 
requested a waiver of the PFS with regard to execution of an energy 
performance contract.
    Nature of Requirement: 24 CFR 990.110(c)(2)(ii) specifically refers 
to savings from decreased consumption that must be waived to permit 
conversion from one utility source to another to qualify for the 
``freeze of the rolling base'' energy incentive.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: April 9, 1999.
    Reasons Waived: The Holyoke Housing Authority was granted a waiver 
to permit it to use the ``freeze of the rolling base'' methodology for 
a conversion from one energy source to another in an energy performance 
contract under the PFS energy cost incentives. Conversion from one 
utility source to another may result in significant cost avoidance, 
even though comprising a shift in consumption, rather than a reduction. 
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 (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.

[FR Doc. 99-26507 Filed 10-8-99; 8:45 am]
BILLING CODE 4210-32-P