[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44922-44934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18163]



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Part IV





Department of Housing and Urban Development





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Notice of Regulatory Waiver Requests Granted for the First Quarter of 
Calendar Year 2000; Notice

  Federal Register / Vol. 65, No. 139 / Wednesday, July 19, 2000 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4591-N-01]


Notice of Regulatory Waiver Requests Granted for the First 
Quarter of Calendar Year 2000

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the granting of regulatory waivers from 
January 1, 2000 through March 31, 2000.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the ``HUD Reform Act''), requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice must cover the quarterly period since the 
most recent Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
quarter beginning on January 1, 2000 and ending on March 31, 2000.

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 ``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 notice covers HUD's waiver-grant activity from 
January 1, 2000 through March 31, 2000. Additionally, this notice 
contains two reports of regulatory waivers granted during December 1999 
by the Office of Housing, but which were inadvertently not included in 
HUD's Federal Register notice of waiver grant activity from October 1, 
1999, to December 31, 1999.
    For ease of reference, the waivers granted by HUD are listed by HUD 
program office (for example, the Office of Community Planning and 
Development, the Office of Housing, the Office of Public and Indian 
Housing, etc.). Within each program office grouping, the waivers are 
listed sequentially by the section of title 24 being waived. For 
example, a waiver-grant action involving the waiver of a provision in 
24 CFR part 58 would come before a waiver of a provision in 24 CFR part 
570.
    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 April 1, 2000 through June 30, 
2000.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: July 12, 2000.
Andrew Cuomo,
Secretary.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development January 1, 2000 through 
March 31, 2000

    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.

    The regulatory waivers granted appear in the following order:
    I. Regulatory Waivers granted by the Office of Community 
Planning and Development.
    II. Regulatory Waivers granted by the Office of Housing.
    III. Regulatory Waivers granted by the Office of Multifamily 
Housing Assistance Restructuring.
    IV. Regulatory Waivers granted by the Office of Public and 
Indian Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following waiver actions, 
contact: Cornelia Robertson-Terry, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 
Seventh Street, SW, Room 7152, 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 calling the toll-
free Federal Information Relay Service at 1-800-877-8391.
     Regulation: 24 CFR 91.520(a).
    Project/Activity: The City of Fayetteville, Arkansas requested a 
waiver of the submission deadline for the City's FY 2000 program 
year performance report.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520(a) 
requires each grantee to submit a performance report to HUD within 
90 days after the close of the grantee's program year.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 28, 2000.
    Reasons Waived: The City experienced personnel changes which 
delayed completion of the report. The City would not be able to 
submit a complete and accurate expenditure report on its FY 1999 
program if the extension is not granted.


[[Page 44923]]


     Regulation: 24 CFR 92.2.
    Project/Activity: The State of Maine requested a waiver of the 
definition of housing in the HOME final rule to permit two projects 
funded with HOME funds for children with disabilities.
    Nature of Requirement: The HOME regulation definition at 24 CFR 
92.2 states that housing does not include emergency shelters of 
facilities such as nursing homes, convalescent homes, hospitals 
residential treatment facilities, correctional facilities and 
student dormitories.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 8, 2000.
    Reasons Waived: HUD determined that denial of this request would 
be an undue hardship for the nine disabled children residing in the 
Meadow Way and Turning Point Farm facilities. These circumstances 
constitute a good cause for the waiver.

     Regulation: 24 CFR 92.254(a)(5)(ii)(A)(7).
    Project/Activity: Delaware County, Pennsylvania, requested a 
waiver to allow low income buyers of HOME-assisted property to have 
48 months to complete the purchase of their homes.
    Nature of Requirement: HUD's regulation at 24 CFR 
92.254(a)(5)(ii)(A)(7) requires persons participating in HOME's 
lease-purchase program to purchase their homes within 36 months of 
signing the lease-purchase agreement.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 1, 2000.
    Reasons Waived: The County stated in its request that due mainly 
to poor credit ratings and changing financial circumstances for a 
number of households, it will take 48 months for the lease-purchaser 
to accumulate sufficient funds and repair their credit ratings 
before purchase of the properties will become possible. HUD 
determined that disqualification of these initial program 
participants would create an undue hardship.

     Regulation: 24 CFR 92.500(d)(1)(c).
    Project/Activity: The State of California requested a waiver to 
allow the State to retain $50,000 of its remaining HOME disaster 
funds for ongoing program administrative costs, while deobligating 
the remaining balance of $3,407,153.60 of program funds.
    Nature of Requirement: HUD's regulation at 24 CFR 
92.500(d)(1)(c) states that HUD will reduce or recapture HOME funds 
in the HOME Investment Trust Fund by the amount of any funds in the 
United States Treasury that are not expended within five years after 
the last day of the month in which HUD notifies the participating 
jurisdiction of HUD's execution of the HOME Investment Partnership 
Agreement.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 28, 2000.
    Reasons Waived: HUD determined that deobligation of the entire 
remaining balance of the State's HOME disaster funds would create a 
significant hardship. The HOME disaster funds will be used for 
monitoring and on-site inspection requirements for disaster-related 
HOME projects. The $50,000 is granted for a period of no more than 
twelve months. Funds that remain uncommitted at the end of the 
twelve months will be recaptured by HUD.

     Regulations: 24 CFR 570.200(b)(2).
    Project/Activity: The City of Reading, Pennsylvania, requested a 
waiver of the provision requiring that fees for use of its Civic 
Center facility be reasonable so as to not preclude its use by low-
and moderate-income persons.
    Nature of Requirement: HUD's regulation at 24 CFR 570.200(b)(2) 
requires that fees charged at the facility be reasonable so as not 
to preclude its use by low-and moderate-income persons.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: March 22, 2000.
    Reasons Waived: This activity will meet the national objective 
of elimination or prevention of slums or blight through completion 
of an urban renewal project originally approved in 1965. HUD never 
contemplated at that time there would be special provisions related 
to use of the facility by low-and moderate-income persons. Failure 
to grant the waiver would be an undue hardship for the City of 
Reading.

     Regulation: 24 CFR 570.200(h).
    Project/Activity: Lexington County, South Carolina requested a 
waiver to allow the County to use CDBG funds to reimburse costs 
incurred as a result of preparing the CDBG-specific portions of its 
first Consolidated Plan.
    Nature of Requirement: HUD's regulation at 24 CFR 
570.200(h)(1)(i) states that a grantee may only use CDBG funds to 
reimburse for pre-award costs if, among other things, the activity 
for which the costs are being incurred is included in a Consolidated 
Plan or an amended Consolidated Plan Action Plan prior to the costs 
being incurred.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: January 4, 2000.
    Reasons Waived: The November 1995 revision to the CDBG pre-award 
regulations was meant to broaden grantees' authority to use CDBG 
funds to pay reasonable pre-award costs, but in making that 
revision, the authorization for new grantees to pay for planning and 
administrative start-up costs with CDBG funds was inadvertently 
omitted. This is the first Consolidated Plan for the County. Failure 
to grant the requested waiver would result in undue hardship.

     Regulation: 24 CFR 570.200(h).
    Project/Activity: The City of Opelika, Alabama, requested a 
waiver to allow the City to use CDBG funds to reimburse costs 
incurred as a result of preparing the CDBG-specific portions of its 
first Consolidated Plan.
    Nature of Requirement: HUD's regulation at 24 CFR 
570.200(h)(1)(i) states that a grantee may only use CDBG funds to 
reimburse for pre-award costs if, among other things, the activity 
for which the costs are being incurred is included in a Consolidated 
Plan or an amended Consolidated Plan Action Plan prior to the costs 
being incurred.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 2, 2000.
    Reasons Waived: The November 1995 revision to the CDBG pre-award 
regulations was meant to broaden grantees' authority to use CDBG 
funds to pay reasonable pre-award costs, but in making that 
revision, the authorization for new grantees to pay for planning and 
administrative start-up costs with CDBG funds was inadvertently 
omitted. This is the first Consolidated Plan for the City. Failure 
to grant the requested waiver would result in undue hardship.

     Regulation: 24 CFR 570.200(h).
    Project/Activity: The City of Corvallis, Oregon, requested a 
waiver to allow the City to use CDBG funds to reimburse costs 
incurred as a result of preparing the CDBG-specific portions of its 
first Consolidated Plan.
    Nature of Requirement: HUD's regulation at 24 CFR 
570.200(h)(1)(i) states that a grantee may only use CDBG funds to 
reimburse for pre-award costs if, among other things, the activity 
for which the costs are being incurred is included in a Consolidated 
Plan or an amended Consolidated Plan Action Plan prior to the costs 
being incurred.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 3, 2000.
    Reasons Waived: The November 1995 revision to the CDBG pre-award 
regulations was meant to broaden grantees' authority to use CDBG 
funds to pay reasonable pre-award costs, but in making that 
revision, the authorization for new grantees to pay for planning and 
administrative start-up costs with CDBG funds was inadvertently 
omitted. This is the first Consolidated Plan for the City. Failure 
to grant the requested waiver would result in undue hardship.

     Regulation: 24 CFR 576.21(b)(2).
    Project/Activity: The City of Boston requested a waiver of the 
30 percent Emergency Shelter Grant Program spending limitation on 
essential services.
    Nature of Requirement: HUD's regulation in 24 CFR 576.21(b)(2) 
imposes the statutory requirement that no more than thirty percent 
of the Emergency Shelter Grant funds be expended for essential 
services. This regulatory section also notes that the statute (42 
U.S.C. 11374) also permits waiver of this requirement if the grantee 
demonstrates that other eligible activities are already being 
carried out in the locality with other resources.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 17, 2000.
    Reasons Waived: The City stated in its request that the 
reallocated funds would be used to provide short term hotel/motel 
accommodations for homeless families who are not immediately 
eligible for state-funded emergency shelter. The City also certified 
that other eligible activities under the program are being carried 
out in the locality with other resources.

     Regulation: 24 CFR 576.21(b)(2).

[[Page 44924]]

    Project/Activity: The City of Niagara Falls, New York, requested 
a waiver of the Emergency Shelter Grant Program 30 percent spending 
limitation on essential services.
    Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2) 
imposes the statutory requirement that no more than thirty percent 
of the Emergency Shelter Grant funds be expended for essential 
services. This regulatory section also notes that the statute (42 
U.S.C. 11374) also permits waiver of this requirement if the grantee 
demonstrates that other eligible activities are already being 
carried out in the locality with other resources.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development,
    Date Granted: February 22, 2000.
    Reasons Waived: The City stated in its request that since the 
inception of its Emergency Shelter Grant program, the City provided 
funding to homeless services providers in the form of rehabilitation 
assistance for the renovation and/or expansion of emergency 
shelters. Therefore, the City is requesting the waiver of the 
essential services spending limitation so that 100 percent of the 
City's FY 2000 ESG grant can be spent on essential services.

     Regulation: 24 CFR 582.105(e).
    Project/Activity: The Housing Authority for the City of Santa 
Barbara, California, requested a waiver of the eight percent 
administrative cap on its Shelter Plus Care grant.
    Nature of Requirement: HUD's regulation at 24 CFR 582.105(e) 
establishes a cap of eight percent of a Shelter Plus Care grant for 
administrative costs.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: February 17, 2000.
    Reasons Waived: In this case, at the request of the Housing 
Authority, in order to provide administrative coverage during the 
extension period, the administrative cap was waived to allow it to 
be raised proportionately to the time needed to spend out the funds. 
With the granting of the waiver, the Housing Authority will be able 
to continue to administer the grant with no additional funds and 
serve additional persons within the existing grant award. Therefore, 
11% of the grant funds may be expended for administrative costs.

II. Regulatory Waivers Granted by the Office of Housing

    A. For further information about the following waiver action, 
contact: Willie Spearmon, Director, Office of Business Products, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Washington, DC 20410-7000, telephone (202) 708-3000. Hearing or 
speech-impaired persons may access this number via TTY by calling 
the Federal Information Relay Service at 1-800-877-8391.

     Regulation: 24 CFR 200.54(a).
    Project/Activity: Kimberly Court Apartments, Atlanta, Georgia, 
Project Number: 061-35503. Request for project completion funding.
    Nature of Requirement: HUD's regulation at 24 CFR 200.54(a) 
provides that for project completion funding, an agreement 
acceptable to the Commissioner shall require that funds provided by 
the mortgagor under the requirements of Sec. 200.54 must be 
disbursed in full for project work, material, and incidental charges 
and expenses before disbursement of any mortgage proceeds, except 
for the funds described in Sec. 200.54(b).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 29, 1999.
    Reason Waived: A waiver of the requirement that 100 percent of 
the tax credit equity be funded before disbursement of mortgage 
proceeds will result in the lowest interest rate on the FHA-insured 
loan.
    B. For further information about the following waiver actions, 
contact: Joy L. Hadley, Director, Quality Assurance Division, Office 
of Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Washington, DC 20410-7000, telephone (202) 708-2830. 
Hearing or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at 1-800-877-8391.
     Regulation: 24 CFR 202.3(c)(2)(iii).
    Project/Activity: FHA Title II mortgagees. To raise the 
threshold for placing a HUD/FHA approved lender on Credit Watch 
status when its default and claim rate exceeds the HUD Field Office 
default and claim rate.
    Nature of Requirement: HUD's regulation at 24 CFR 
202.3(c)(2)(iii) provides that the Secretary may notify a mortgagee 
that it is on credit watch status if the mortgagee had a rate of 
defaults and claims on insured mortgages originated in an area which 
exceeded 150 percent, but not 200 percent, of the normal rate.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 12, 2000.
    Reason Waived: Waiving the regulation permits HUD/FHA to 
initially focus on those lenders originating the worst performing 
loans. The waiver will adjust the Credit Watch threshold from being 
between 150% and 200.9% of the HUD Field Office default and claim 
rate to being between 200% and 300.9% of that rate. This waiver is 
limited to Credit Watch reviews conducted in the fourth quarter of 
FY 1999.

     Regulation: 24 CFR 202.3(c)(2)(iii).
    Project/Activity: FHA Title II mortgagees. To raise the 
threshold for placing a HUD/FHA approved lender on Credit Watch 
status when its default and claim rate exceeds the HUD Field Office 
default and claim rate.
    Nature of Requirement: HUD's regulation at 24 CFR 
202.3(c)(2)(iii) provides that the Secretary may notify a mortgagee 
that it is on credit watch status if the mortgagee had a rate of 
defaults and claims on insured mortgages originated in an area which 
exceeded 150 percent, but not 200 percent, of the normal rate.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 31, 2000.
    Reason Waived: Waiving the regulation permits HUD/FHA to 
initially focus on those lenders originating the worst performing 
loans. The waiver will adjust the Credit Watch threshold from being 
between 150% and 200.9% of the HUD Field Office default and claim 
rate to being between 200% and 300.9% of that rate. This waiver is 
limited to Credit Watch reviews conducted in the first quarter of FY 
2000.
    C. For further information about the following waiver action, 
contact: Vance T. Morris, Director, Office of Single Family Product 
Development, Department of Housing and Urban Development, Room 9266, 
451 Seventh Street SW, Washington, DC 20410; telephone (202) 708-
2121. Hearing or speech-impaired persons may access this number via 
TTY by calling the Federal Information Relay Service at 1-800-877-
8391.

     Regulation: 24 CFR 203.49(c).
    Project/Activity: Mortgagee, Homeside Lending, Incorporated, 
Jacksonville, Florida, requested waiver of the requirements to 
extend the initial adjustment dates for adjustable rate mortgage 
loan (ARM) loans beyond the 12 to 18 month window currently provided 
for in the regulation.
    Nature of Requirement: HUD's regulation at 24 CFR 203.49(c) 
provides that lenders may extend the initial interest rate 
adjustment dates on ARM loans thus rendering the loans eligible for 
placement in Ginnie Mae pools. Ineligibility of the loans for 
delivery to Ginnie Mae would result in financial hardship to the 
mortgagee and will not have an adverse impact on any mortgagors.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reasons Waived: Mortgagee, Homeside Lending, Incorporated, 
requested an extension of the initial change date for an ARM loan 
beyond the 12-18 month window period as required by 24 CFR 
203.49(c). Approving the waiver enabled the lender to securitize the 
loans and rendered no harm to the borrowers or the Department.
    D. For further information about the following waiver actions, 
contact: Willie Spearmon, Director, Office of Business Products, 
Department of Housing and Urban Development, 451 Seventh Street SW, 
Washington, DC 20410-7000, telephone (202) 708-3000. Hearing or 
speech-impaired persons may access this number via TTY by calling 
the Federal Information Relay Service at 1-800-877-8391.

     Regulation: 24 CFR 200.54(a).
    Project/Activity: Kimberly Court Apartments, Atlanta, Georgia, 
Project Number: 061-35503. Request for project completion funding.
    Nature of Requirement: HUD's regulation at 24 CFR 200.54(a) 
provides that for project completion funding, an agreement 
acceptable to the Commissioner shall require that funds provided by 
the mortgagor under the requirements of Sec. 200.54 must be 
disbursed in full for project work, material, and incidental charges 
and expenses before disbursement of any mortgage proceeds, except 
for the funds described in Sec. 200.54(b).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.

[[Page 44925]]

    Date Granted: December 29, 1999.
    Reason Waived: A waiver of the requirement that 100 percent of 
the tax credit equity be funded before disbursement of mortgage 
proceeds will result in the lowest interest rate on the FHA-insured 
loan.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Riley Cheeks House, Washington, DC, Project 
Number: 000-HD030/DC39-Q961-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary-Federal 
Housing Commissioner.
    Date Granted: January 3, 2000.
    Reason Waived: Additional funds were needed for increased 
construction costs due to the project being 100% accessible, and 
features required for compliance with neighborhood compatibility. 
The project is comparable to a similar project, does not feature any 
excessive features, and the Sponsor cannot raise any additional 
funds nor do they have the capacity to provide funds.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lenore Street Senior Housing, Willits, 
California, Project Number: 121-EE107/CA-S971-006.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 14, 2000.
    Reason Waived: The original contractor could not honor the 
proposed costs that HUD had based its Firm Commitment processing on, 
and the Sponsor had to rebid the contract.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Citrus Gardens, Orlando, Florida, Project 
Number: 067-EE082/FLF29-S971-008.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Waived: January 19, 2000.
    Reason Waived: Additional funds were needed due to an increase 
in impact fees by the City of Orlando.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Centerburg Place, Columbus, Ohio, Project 
Number: 043-EE056/OH16-S971-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary-Housing 
Federal Housing Commissioner.
    Date Granted: January 19, 2000.
    Reason Waived: The Sponsor/Owner made every attempt to secure 
additional funding from outside sources, the project is modest in 
design and is comparable to similar projects in the area.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Nutley Senior Housing, Inc., Nutley, New 
Jersey, Project Number: 031-EE025/NJ39-S941-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 19, 2000.
    Reason Waived: The project is economically designed, comparable 
to other similar projects developed in the area, and the Owner has 
exhausted all efforts to provide additional funds from other 
sources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Melrose Villa Hermosa, Bronx, New York, 
Project Number: 012-EE124/NY36-S041-017.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 8, 2000.
    Reason Waived: The project had to comply with local design 
modifications which increased costs. The Sponsor does not have the 
financial capacity to fund the increase.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Coosa Valley Apartments, Sylacauga, Alabama, 
Project Number: 062-EE043/AL09-S981-005.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: Although the Owner has tried to reduce the 
construction costs, and the project is comparable to similar 
projects, amendment funds are needed to develop this project. The 
Owner has contributed substantially to the project development cost.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Royale Gardens, Chicago, Illinois, Project 
Number: 071-EE125/IL06-S961-016.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project is modest in design comparable in 
costs to other similar projects and Sponsor has exhausted all means 
of obtaining the funds through other resources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Rochester VOA Elderly Housing, Rochester, 
Minnesota, Project Number: 092-EE056/MN45-S981-007.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project is modest in design, comparable in 
costs to other similar projects and the Sponsor has exhausted all 
means of obtaining the funds through other resources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: HIS/Elois McCoy Village Apartments, Chicago, 
Illinois, Project Number: 071-EE115/IL06-S961-006.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project is modestly designed, and the Owner 
has exhausted all efforts to find additional funds from other 
sources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Mary's Apartments for the Elderly, 
Waltham, Massachusetts, Project Number: 023-EE077/MA06-S961-013.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 6, 2000.
    Reason Waived: Local opposition delayed the project which 
resulted in the loss of funding from other sources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Coyne Road, Newton, Massachusetts, Project 
Number: 023-HD098.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 6, 2000.
    Reason Waived: The Sponsor has exhausted all available resources 
and due to the escalating costs to acquire property in the Boston 
area.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Landmark House, Nantucket, Massachusetts, 
Project Number: 023-EE095.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor has exhausted all available 
resources, the project is modestly designed and comparable to 
similar projects.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: AHEPA Daughters of Penelope Elderly Housing, 
Peabody, Mass., Project Number: 023-EE084;

[[Page 44926]]

    Family Quarters Housing, Peabody, Mass., Project Number: 023-
HDO103;
    13th Association, Springfield, Mass., Project Number: 023-HD112,
    Florida Street, Springfield, Mass., Project Number: 023-HD125;
    Natick Village, Natick, Mass., Project Number: 023-HD133
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: AHEPA Daughters of Penelope, 023-EE085--The 
presence of significant historical artifacts caused delays in the 
development of the project which resulted in increased development 
costs.
    Family Quarters, 023-HD103--A change in contractors due to 
delays in securing secondary financing resulted in increased costs.
    13th Association, 023-HD112--The project is modest in design and 
the Sponsor is contributing significantly to the project.
    Florida Street, 023-HD125--The Sponsor has exhausted all means 
to find the funds from other sources.
    Natick Village (Advocates Incorporated) 023-HD133--The project 
requires additional funds for project feasibility and the Sponsor 
has been unable to secure funds from other sources.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Eagle Point, Brewster, Mass., Project Number: 
023-DH124.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor has exhausted all available resources 
and additional costs are attributable to the removal of prohibited 
amenities from the existing structure.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Woodside Village II, Martha's Vineyard, Mass., 
Project Number: 023--EE087.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor has exhausted all available resources 
and the project is comparable in costs to similar projects and is 
efficiently designed.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hillside Village II, Martha's Vineyard, 
Massachusetts, Project Number: 023-EE086.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor has exhausted all available resources 
and the development costs are comparable to similar projects 
developed in the area.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: California Street, Newton, Massachusetts, 
Project Number: 023-HD100.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor has exhausted all available resources 
and the cost to development this project is comparable to similar 
developments in this area.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Eaton Knolls, Central Islip, Suffolk County, 
New York, Project Number: 012-HD076/NY36-Q971-005.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Dated Granted: March 17, 2000.
    Reason Waived: The project is economically designed, comparable 
to other HUD projects developed in the area and all efforts to lower 
the cost of the project have been exhausted.

     Regulation: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Our Lady of Senior Manor, Bronx, New York, 
Project Number: 012-EE219/NY36-S971-006. Request to use amendment 
funds prior to initial closing. Request for fund reservation 
extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 19, 2000.
    Reason Waived: The project was delayed due to the Sponsor 
encountering difficulties in soliciting a general contractor who 
could complete the project within the cost limits. The project is 
modest in design, comparable to similar project and the Sponsor has 
been unable to secure the funds from other resources.

     Regulation: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Castleton Manor, New York, NY, Project Number: 
012-EE221/NY36-S971-008. Request to use amendment funds prior to 
initial closing. Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 24, 2000.
    Reason Waived: The project was delayed because the Sponsor had 
to seek an alternative site when it was discovered that the original 
site had outstanding tax liens against it. The project is modest in 
design, comparable to similar projects and the Sponsor has exhausted 
all means to secure the funds through other resources.
     Regulation: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Crockett Senior Housing, Crockett, California, 
Project Number: 121-EE104/CA39-S971-003. Request to use amendment 
funds prior to initial closing. Request for fund reservation 
extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary Housing-
Federal Housing Commissioner.
    Date Waived: March 2, 2000.
    Reason Waived: Additional time is needed due to HUD caused 
delays. Because of these delays the contractor could not honor the 
originally proposed costs based HUD's Commitment processing.

     Regulation: 24 CFR 891.100(d) and 891.165.
    Project/Activity: HIS/Elois McCoy Village Apartments, Chicago, 
Illinois, Project Number: 071-EE115/IL06-S961-006. Request to use 
amendment funds prior to initial closing. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the amount of approved capital advance funds 
prior to initial closing. HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project is modestly designed and the owner 
has exhausted all efforts to find additional funds from other 
sources. The project experienced delays as it sought secondary 
financing from the City of Chicago.


[[Page 44927]]


     Regulation: 24 CFR 891.165.
    Project/Activity: Wynn House, Pasadena, California, Project 
Number: 122-HDI-1-WDD-NP/CA16-Q971-007. Request for fund reservation 
extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: December 22, 1999.
    Reason Waived: Delays that this project experienced in achieving 
a construction start have been because the Owner needed additional 
time to secure funds to meet their cash requirement.

     Regulation: 24 CFR 891.165.
    Project/Activity: Request for fund reservation extension by: 
Zeigler Homes II, Toledo, Ohio, Project Number: 042-HD058/OH12-961-
005; Canaan Manor, Dayton, Ohio, Project Number: 046-HD018-Q961-001, 
Centerburg Place, Centerburg, Ohio, Project Number: 043-EE056/OH16-
S971-001.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 3, 2000.
    Reason Waiver: Ziegler Homes II experienced delays as Owner 
tried to resolve unforeseen zoning issues and unacceptable deed 
restrictions.
    Canaan Manor and Centerburg experienced delays due to extensive 
local government reviews.

     Regulation: 24 CFR 891.165.
    Project/Activity: Barbara Chappelle Manor, Grenada, Mississippi, 
Project Number: 065-EE019/MS26-S961-002. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 17, 2000.
    Reason Waived: Additional time is needed for the Owner to secure 
funding for the projects.

     Regulation: 24 CFR 891.165.
    Project/Activity: Royale Gardens Residences, Chicago, Illinois, 
Project Number: 071-EE125/IL06-S961-016. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 19, 2000.
    Reason Waived: The Sponsor has exhausted all efforts to get 
funds from other sources. Application for additional funds from the 
City of Chicago Department of Housing and the State of Illinois 
Department of Energy are pending.

     Regulation: 24 CFR 891.165.
    Project/Activity: The Diocese of Buffalo, Buffalo, New York, 
Project Number: 014-HD066/NY06-Q971-013. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Date Granted: January 24, 2000.
    Reason Waived: The project experienced delays because the 
Sponsor was forced to seek a replacement site.

     Regulation: 24 CFR 891.165.
    Project/Activity: Request for fund reservation extension by: St. 
Mary's, Waltham, Mass., Project Number: 023-EE077/MA06-S971-005; 
Hillside Village II, Martha's Vineyard, Mass. Project Number: 023-
EE086/MA06-S971-006;
    Woodside Village II, Martha's Vineyard, Mass., Project Number: 
023-EE087/MA06-S971-007;
    Landmark House, Nantucket, Mass., Project Number: 023-EE095/
MA06-S971-015;
    Coyne Road, Newton, Mass., Project Number: 023-HD098/MA06-Q961-
001;
    California Street, Newton, Mass., Project Number: 023-HD100/
MA06-Q961-006;
    Family Quarters, Peabody, Mass., Project Number: 023-HD103/MA06-
Q961-006;
    13th Association Properties, West Springfield, Mass., Project 
Number: 023-HD112/MA06-Q961-015;
    Lexington Avenue, Somerville, Mass., Project Number: 023-H118/
MA06-Q961-021;
    Eagle Point, Brewster, Mass., Project Number: 023-HD124/MA06-
Q971-005;
    Florida Street, Springfield, Mass., Project Number: 023-HD125/
MA06-Q971-006;
    Advocates, Natick, Mass., Project Number: 023-HD133/MA06-Q971-
014.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 28, 2000.
    Reason Waived: St. Mary's delays were attributed to changes to 
the Massachusetts Building Code requiring the redrawing of plans and 
specifications, for zoning variances, and for securing a 
comprehensive permit.
    AHEPA project's site was found to be of archaeological and 
historical significance and the process of securing approval for 
development as well as preservation and removal of antiquities 
caused delays.
    Hillside Village II, Woodside Village II, Landmark House--The 
Sponsors of these projects had a very difficult time finding and 
keeping general contractors. The Nantucket project also experienced 
local opposition to federal requirements.
    Coyne Road delays occurred because the sponsor needed additional 
time to acquire other half of the building which is being developed 
with its own resources to serve a larger number of individuals.
    California Street was forced to change contractors and to 
perform value engineering due to the high development cost in the 
current real estate market.
    Family Quarters needed additional time to secure secondary 
financing.
    13th Association Properties has been delayed due to the Sponsor/
Owner having to secure additional funds for project feasibility.
    Lexington Avenue--Site control issues and local opposition have 
delayed this project and the Sponsor had to seek secondary 
financing.
    Eagle Point--This project experienced delays pertaining to high 
development costs and secondary financing to perform value 
engineering.
    Florida Street--Delays have been caused by the need to secure 
secondary financing and to perform value engineering.
    Advocates--the project experienced delays as the Sponsor sought 
additional funds for the project as well as a new contractor.

     Regulation: 24 CFR 891.165.
    Project/Activity: Ralston Mercy-Douglass House, Philadelphia, 
Pa., Project Number 034-EE061/PA26-S961-005. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 31, 2000.
    Reason Waived: The Initial Closing was delayed in order to allow 
for the re-negotiation of lease revisions affecting the project.

     Regulation: 24 CFR 891.165.
    Project/Activity: Maison de Rayne, Rayne, Louisiana, Project 
Number: 064-HD040-WPD-NP-L8. Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 8, 2000.
    Reason Waived: Additional time was needed by HUD to complete its 
processing.


[[Page 44928]]


     Regulation: 24 CFR 891.165.
    Project/Activity: Greater St. Stephen Manor, New Orleans, 
Louisiana, Project Number: 064-EE083-WAH-NP-L8. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 891.165 provides that 
the duration of the fund reservations for the capital advance is 18 
months from the date of issuance with limited exceptions up to 24 
months, as approved by HUD on a case-by-case basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner
    Date Granted: February 8, 2000.
    Reason Waived: Delays were due to third party opposition to the 
project.

     Regulation: 24 CFR 891.165.
    Project/Activity: Sumac Trail Apartments, Inc., Rhinelander, 
Wisconsin, Project Number: 075-HD050/WI39-Q971-001. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project has experienced delays due to 
difficulties obtaining State approval of the building plans and 
working with both the architect and the general contractor to 
develop the project within the Capital Advance budget.

     Regulation: 24 CFR 891.165.
    Project/Activity: East 21st Midwood Residence, New York, NY, 
Project Number: 012-HD052/NY36-Q961-005. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The project's secondary financing source, the New 
York State Office of Mental Retardation and Developmental 
Disabilities has encountered delays in obtaining necessary sign-
offs.

     Regulation: 24 CFR 891.165.
    Project/Activity: QLS Meadows, Atlanta, Georgia, Project Number: 
061-EE053/GA06-S961-007. Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: Because the seller of the original site increased 
the price of the site above the appraised value, the Sponsor needed 
time to find a new site and to prepare new plans and specifications.
     Regulation: 24 CFR 891.165.
    Project/Activity: Transitional Learning Community Supportive 
Housing, Galveston, Texas, Project Number: 114-HDD013/TX24-Q971-001. 
Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: This project had to change from the original 
site. Additional time was needed from the environment's assessment 
to be completed since the site is in a floodplain.

     Regulation: 24 CFR 891.165.
    Project/Activity: Request for fund reservation extension by:
    Ailbe III, Chicago, Illinois, Project Number: 071-HD108/IL06-
Q971-008; Ozanam Village, Chicago, Illinois, Project Number: 071-
EE112/IL06-S961-003;
    Ailbe II, Chicago, Illinois, Project Number: 071-EE139/IL06-
S971-013;
    Victoria Jennings Residences, Chicago, Illinois, Project Number: 
071-HD088/IL06-Q961-003.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: Ailbe III, Project Number: 071-HD108/IL06-Q971-
008--The project experienced delays while the Owner tried to find 
additional funds for the project.
    Ozanam Village, Project Number: 071-EE112/IL06-S961-003--
Additional time was needed for HUD to complete firm commitment 
processing and for the initial closing to be submitted.
    Ailbe II, Project Number: 071-EE139/IL06-S971-013--Additional 
time is needed for HUD to complete firm commitment processing.
    Victoria Jennings Residences, Project Number: 071-HD088/IL06-
Q961-003--Because all the construction companies bids were 
significantly higher than the capital advance amount, additional 
time was needed for the Owner to redesign the project.

     Regulation: 24 CFR 891.165.
    Project/Activity: Casa D'Oro II, Pasadena, California, Project 
Number: 122-HD098. Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 2, 2000.
    Reason Waived: The delays that this project has experienced in 
achieving construction startup have been caused by circumstances 
beyond the Sponsor's control and involved delays in the local 
government's approval of secondary financing.

     Regulation: 24 CFR 891.165.
    Project/Activity: Kaneohe, Oahu, Hawaii, Project Number: 140-
EH015-WAH/H110-Q961-003 and HI10-Q971-002. Request for fund 
reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The project experienced delays due to 
difficulties in coordinating numerous sources of funding and 
reviewing legal documents.

     Regulation: 24 CFR 891.165.
    Project/Activity: Presbyterian Home at Franklin Township, 
Franklin Township, NJ, Project Number: 031/EE045/NJ39-S971-002. 
Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The project experienced delays due to obtaining 
Planning Board approval, getting the utilities extended to the site 
and overcoming local opposition to this development.

     Regulation: 24 CFR 891.165
    Project/Activity: Pathways, Greenwich, Connecticut, Project 
Number: 017-HD022/CT26-Q981-001. Request for fund reservation 
extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The projects experienced delays due to 
neighborhood opposition and in the appeal of an adverse decision by 
Planning and Zoning.

     Regulation: 24 CFR 891.165.

[[Page 44929]]

    Project/Activity: Edison Consumer Home, Edison, New Jersey, 
Project Number: 031-HD081. Request for fund reservation extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: The Sponsor/Owner had difficulty securing a site 
and HUD needs additional time for technical processing.

     Regulation: 24 CFR 891.165.
    Project/Activity: Reese Village, San Diego, California, Project 
Number: 129-HD005/CA33-Q941-003. Request for fund reservation 
extension.
    Nature of Requirement: HUD's regulation at 24 CFR 891.165 
provides that the duration of the fund reservations for the capital 
advance is 18 months from the date of issuance with limited 
exceptions up to 24 months, as approved by HUD on a case-by-case 
basis.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 17, 2000.
    Reason Waived: HUD needs time to issue the firm commitment and 
review the initial closing documents for this project.

     Regulation: 24 CFR 891.310(b)(1).
    Project/Activity: Arc HUD IV, Inc., Philadelphia, Pennsylvania, 
Project Number: 032-D020-WDD/DE26-Q981-002.
    Nature of Requirement: HUD's regulation at 24 CFR 891.310(b)(1) 
provides 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: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 3, 2000.
    Reason Waived: The Sponsor proposes to make one of the three 
properties fully accessible to persons with physical disabilities. 
To make all these projects fully accessible would render the project 
financially infeasible.
    E. For further information about the following waiver actions, 
contact: Jerold Nachison, Eastern and Atlantic Servicing Branch, 
Office of Portfolio Management, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410; telephone (202) 708-3730 (this is not a toll free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at 1-800-877-8391.

     Regulation: 24 CFR 891.205 and 891.410(c).
    Project/Activity: West Union, Ohio (Mariaview Apartments--
Project Number 046-EE037). The Columbus Multifamily Hub requested a 
waiver for a tenant erroneously admitted to the Section 202/PRAC 
project. (``PRAC'' refers to project rental assistance contract.) 
The tenant is non-elderly with no disabilities.
    Nature of Requirement: HUD regulations in 24 CFR 891.205 and 
891.410(c) limit occupancy to very low-income (VLI) elderly persons 
(i.e., households composed of one or more persons at least one of 
whom is 62 years of age at time of initial occupancy).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 3, 2000.
    Reason Waived: This waiver of the regulation was granted to be 
fair with the current ineligible VLI resident and still recognize 
the purpose and intent of the Supportive Housing for the Elderly 
Program. Management did not use the 202/PRAC rules and regulations 
but used the occupancy requirements of the Section 202/8 program for 
this tenant. These requirements allow a non-elderly disabled person 
with mobility impairments to live in one of a Section 202/8 
project's accessible units. The tenant meets the VLI criterion with 
an income of $500 per month. The project must remain a 202/PRAC for 
the elderly and Hub staff must review the project's occupancy plan, 
tenant selection criteria and management plan and request revision 
as appropriate for Hub approval. This waiver is restricted to this 
ineligible tenant and should not be offered to any additional non-
elderly or disabled families or elderly families who are not VLI.
     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Columbia, Mississippi (East Columbia 
Apartments--Project No. 065-EH024). The Jacksonville Multifamily Hub 
requested an age waiver for the subject project due to continual 
vacancy problems.
    Nature of Requirement: HUD regulations in 24 CFR 891.575 and 
610(c) limit occupancy to very low-income (VLI) elderly persons 
(i.e., households composed of one or more persons at least one of 
whom is 62 years of age at time of initial occupancy).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 8, 2000.
    Reason Waived: This waiver was granted based on the area's soft 
market due to the Department of Agriculture's Rural Housing 
Services' development of other senior projects in the area. 
Vacancies persist even though measures such as raising the income 
ceiling to lower income were instituted. This waiver would allow 
management additional flexibility in renting up these units through 
marketing 90% of units that are for elderly persons to persons with 
or without disabilities between the ages of 52 and 62 for a period 
of one (1) year.
    F. For further information about the following waiver action, 
contact: Margaret Keels, Eastern and Atlantic Service Branch, Office 
of Portfolio Management, Office of Housing, Department of Housing 
and Urban Development, 451 Seventh Street SW, Washington, DC 20410; 
telephone (202) 708-2654. Hearing and speech-impaired persons may 
access this number via TTY by calling the Federal Information Relay 
Service at 1-800-877-8391.

     Regulation: 24 CFR 891.575.
    Project/Activity: Lumberton, North Carolina (First Baptist Homes 
I--Project Number 053-EH471/NC19-T861-087). The Greensboro 
Multifamily Hub requested an age waiver for the subject project due 
to high vacancy problems. Management has aggressively marketed its 
units but are unable to rent up these units.
    Nature of Requirement: HUD regulations at 24 CFR 891.575 limit 
occupancy to very low-income (VLI) elderly persons (i.e., households 
composed of one or more persons at least one of whom is 62 years of 
age at time of initial occupancy).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: February 17, 2000.
    Reason Waived: This waiver was granted based on difficulty in 
renting up vacant units due to the soft housing market there for 
persons 62 years of age and older. This waiver would allow project 
management additional flexibility in attempting to rent up the 
vacant units for a period of one (1) year.
    G. For further information about the following waiver actions, 
contact: Ronald Wallace, Western and Pacific Servicing Branch, 
Office of Portfolio Management, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410; telephone (202) 708-2654 (this is not a toll free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at 1-800-877-8391.

     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Trenton, New Jersey (Cathedral Square--Project 
Number 035-EH082). The Newark Multifamily Program Center requested 
an age waiver for the subject project because of vacancy problems 
due to a soft housing market.
    Nature of Requirement: HUD regulations in 24 CFR 891.575 and 
891.610(c) limit occupancy to very low-income (VLI) elderly persons 
(i.e., households composed of one or more persons at least one of 
whom is 62 years of age at time of initial occupancy).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 11, 2000.
    Reason Waived: This waiver was granted based on the soft housing 
market and the potential market for persons between the ages 55 and 
61 in the City of Trenton. This would allow additional flexibility 
in attempting to rent up the vacant units. The waiver is granted for 
a period of one (1) year.

     Regulation: 24 CFR 891.575.
    Project/Activity: Pynette, Wisconsin (Pioneer Place I--Project 
No. 075-EH090). The Milwaukee Multifamily Program Center requested 
an age waiver for the subject project due to a soft housing market.
    Nature of Requirement: HUD regulations at 24 CFR 891.575 limit 
occupancy to very low-income (VLI) elderly persons (i.e., households 
composed of one or more persons at least one of whom is 62 years of 
age at a time of initial occupancy).

[[Page 44930]]

    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 19, 2000.
    Reason Waived: This waiver was granted based on the area's soft 
housing market resulting in difficulty in renting up vacant units. 
This waiver would allow project rent up by allowing management 
additional flexibility by marketing 90% of the units that are set 
aside for elderly persons to people between the ages of 55 and 62 
for a period of one (1) year.
    H. For further information about the following waiver action, 
contact: Richard Harrington, Eastern and Atlantic Servicing Branch, 
Office of Portfolio Management, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410; telephone (202) 708-2654 (this is not a toll free number). 
Hearing and speech-impaired persons may access this number via TTY 
by calling the Federal Information Relay Service at 1-800-877-8391.

     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Mt. Sterling, Ohio (Meadowview Village--
Project Number 043-EH110). The Columbus Multifamily Hub requested an 
age waiver to allow management additional flexibility in attempting 
to rent up vacant units. Approval to market units that are for 
elderly persons to persons with or without disabilities between the 
ages of 55 and 62 for prescribed period of one (1) year.
    Nature of Requirement: HUD regulations in 24 CFR 891.575 and 
610(c) limit occupancy to very low-income (VLI) elderly persons 
(i.e., households composed of one or more persons at least one of 
whom is 62 years of age at time of initial occupancy).
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: March 20, 2000.
    Reason Waived: This waiver was granted based on constant vacancy 
problems and over-saturation of elderly housing projects in the 
area. This waiver would allow project management additional 
flexibility in attempting to rent up vacant units.
    I. For further information about the following waiver action, 
contact: Jerold Nachison, Eastern and Atlantic Servicing Branch, 
Office of Portfolio Management, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410; telephone (202) 708-3730 (this is not a toll free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at 1-800-877-8391.
     Regulation: 24 CFR 891.640 and 891.650.
    Project/Activity: Kennet, Missouri (Cotton Roll Group Homes--
Project Number 085-EH047). The Kansas City Multifamily Hub has 
requested waiver of the vacancy payments/rent increase process to 
offset income shortfalls due to changing State law.
    Nature of Requirement: HUD regulations in 24 CFR 891.640 and 
891.650 require for rent adjustments that the housing assistance 
payment (HAP) contract provide or has been amended to provide that 
contracts rents will be adjusted based upon a HUD-approved budget. 
Contract rent adjustments will be made based on the sum of the 
project's operating costs and debt service as calculated by HUD. 
Adjustments for vacancies longer than 60 days--the Borrower may 
apply to receive additional vacancy payments in an amount equal to 
the principal and interest payments required to amortize that 
portion of the debt service attributable to the vacant unit for up 
top 12 months.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: January 3, 2000.
    Reason Waived: This waiver was granted to allow vacancy payments 
above normal approved by the Field Office, retroactive to July 1997. 
The project was put on notice to reduce operating expenses 
consistent with the drop in tenants from nine to six, based on 
changing State law for group homes. The reduction needed to take 
place within 30 days of the waiver memorandum. The new budget levels 
were to be consistent with normally allowable costs consistent with 
a six-person group home, and adjusted as appropriate from July 1997.

III. Regulatory Waivers Granted by the Office of Multifamily Housing 
Assistance Restructuring (OMHAR)

    For further information about the following waiver actions, 
contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue, Washington, DC 20410; 
telephone (202) 708-0001 (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.
     Regulation: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12 month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
            FHA no.                   Project name            State
------------------------------------------------------------------------
14035071.......................  Wilikina Apts.........  HI
03355032.......................  Westgate Village II...  PA
10538006.......................  Holly Haven I.........  UT
07535214.......................  Euclid Arms...........  WI
10935025.......................  Sheridan Square Apts..  WY
------------------------------------------------------------------------

    Nature of Requirement: HUD's regulation at 24 CFR 401.600 
requires that projects be marked down to market rents within 12 
months of their first expiration date after 1/1/98. The intent of 
this provision is to ensure timely processing of requests for 
restructuring, and that the properties will not default on their FHA 
insured mortgages during the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: January 12, 2000.
    Reasons Waived: The attached list of projects were not assigned 
to the participating administrative entities (PAEs) in a timely 
manner or for which the restructuring analysis was unavoidably 
delayed due to no fault of the owner.

     Regulation: 24 CFR 401.600.
    Project/Activity: The following projects requested waivers to 
the 12-month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
           FHA no.                Project name              State
------------------------------------------------------------------------
17635014....................  Executive Estates...  AK
17635013....................  Parkwest Apartments.  AK
08244073....................  Summerchase Apts....  AR
12244452....................  Rodeo Drive           CA
                               Apartments.
06535245....................  Sunflower Lane        MS
                               Apartments.
03444171....................  Sherman Hills         PA
                               Apartments.
03335083....................  Station Square......  PA
03344022....................  Third East Hills      PA
                               Park.
03344087....................  Towne Towers........  PA
03344059....................  Valley Terrace Apts.  PA
11494012....................  Missionary Village..  TX
05135239....................  Shawnee II..........  VA

[[Page 44931]]

 
12738049....................  Village Green         WA
                               Apartments.
07544106....................  Meadow Village        WI
                               Apartments.
07535218....................  Westport Meadows....  WI
04538001....................  Riverview Manor.....  WV
------------------------------------------------------------------------

    Nature of Requirement: HUD's regulation at 24 CFR 401.600 
requires that projects be marked down to market rents within 12 
months of their first expiration date after 1/1/98. The intent of 
this provision is to ensure timely processing of requests for 
restructuring, and that the properties will not default on their FHA 
insured mortgages during the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: February 8, 2000.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.


------------------------------------------------------------------------
            FHA No.                   Project name            State
------------------------------------------------------------------------
13644125.......................  Florin Gardens Coop     CA
                                  East.
12235609.......................  Kilgore Manor.........  CA
12144337.......................  Kings Canyon..........  CA
12258508.......................  New Venice Partners 1D  CA
12258507.......................  New Venice Partners 2D  CA
06155056.......................  Martin Luther King Jr.  GA
14044027.......................  Hale Hoaloha..........  HI
07435110.......................  Floyd Valley            IA
                                  Apartments.
07435106.......................  Valley View of          IA
                                  Cherokee.
02344134.......................  Cathedral Hill          MA
                                  Apartments.
06592502.......................  Brookville Gardens....  MS
06535246.......................  Moore Manor...........  MS
03555003.......................  All American Gardens..  NJ
03135124.......................  Center City 9C........  NJ
03135119.......................  Park Terrace..........  NJ
01257026.......................  1018 Development......  NY
01235242.......................  President Street......  NY
01257004.......................  Riverstone Houses.....  NY
04335166.......................  Bellfontaine Manor....  OH
04335196.......................  Lansing Gardens.......  OH
11744096.......................  Buena Vista...........  OK
03444106.......................  Hillrise Mutual         PA
                                  Housing.
03435104.......................  Kephart Plaza.........  PA
03438009.......................  Lutheran Manor........  PA
05438003.......................  Hampton House.........  SC
11444026.......................  Cedarwood Apartments..  TX
11535187.......................  Woodland Creek........  TX
07535138.......................  Juneau Gardens........  WI
07535080.......................  Sunny Hill Apartments.  WI
------------------------------------------------------------------------

    Nature of Requirement: HUD's regulation at 24 CFR 401.600 
requires that projects be marked down to market rents within 12 
months of their first expiration date after 1/1/98. The intent of 
this provision is to ensure timely processing of requests for 
restructuring, and that the properties will not default on their FHA 
insured mortgages during the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: March 10, 2000.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.
     Regulation: 24 CFR 401.600
    Project/Activity: The following projects requested waivers to 
the 12-month limit at above-market rents (24 CFR 401.600):

------------------------------------------------------------------------
            FHA No.                   Project name            State
------------------------------------------------------------------------
17635012.......................  Bayview Terrace.......  AK
17635015.......................  KBL Apartments........  AK
1755119........................  Antillean Manor.......  CT
09435029.......................  Prairie View I........  ND
04235273.......................  Ashland Village.......  OH
04644100.......................  Miami Manor...........  OH
03344007.......................  East Mall.............  PA
03344142.......................  Leechburg.............  PA
03344002.......................  Penn Circle...........  PA
17135177.......................  Hawaiian Village II...  WA
17138007.......................  Kenwood Square........  WA
------------------------------------------------------------------------

    Nature of Requirement: HUD's regulation at 24 CFR 401.600 
requires that projects be marked down to market rents within 12 
months of their first expiration date after 1/1/98. The intent of 
this provision is to ensure timely processing of requests for

[[Page 44932]]

restructuring, and that the properties will not default on their FHA 
insured mortgages during the restructuring process.
    Granted By: Ira Peppercorn, Director of OMHAR.
    Date Granted: March 30, 2000.
    Reasons Waived: The attached list of projects were not assigned 
to the PAEs in a timely manner or for which the restructuring 
analysis was unavoidably delayed due to no fault of the owner.

IV. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

    A. For further information about the following waiver actions, 
contact: Tracy C. Outlaw, National Office of Native American 
Programs (ONAP), Office of Public and Indian Housing, Department of 
Housing and Urban Development, 1999 Broadway, Suite 3390, Denver, CO 
80202, telephone (303) 675-1600 (this is not a toll-free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the toll-free Federal Information Relay Service at 1-800-
877-8391.

     Regulation: 24 CFR 761.30(1)(b),(2) and (4)
    Project/Activity: A request was made by the Gila River Housing 
Authority to waive the terms of the grant agreement beyond 24-months 
for the Public and Indian Housing Drug Elimination Program (PIHDEP). 
The tribe requested an extension because they did not anticipate 
extended delays in organizing elders, teachers and traditionalists 
for certain activities that they wanted to implement.
    Nature of Requirement: The regulations state that any funds not 
expended at the end of the grant term shall be remitted to HUD. The 
regulations also state that the maximum extension allowable for any 
program period is six months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 4, 2000.
    Reason Waived: Based on the narrative justification that was 
submitted to the Department on behalf of the Gila River Housing 
Authority and their submission of required documents, good cause was 
found to waive the extension/grant term requirements of 24 CFR 
761.30(1)(b),(2) and (4).

     Regulation: 24 CFR 761.30(1)(b),(2) and (4)
    Project/Activity: A request was made by the Reno Sparks Indian 
Housing Authority (RSIHA) to waive the terms of the grant agreement 
beyond 24-months for the Public and Indian Housing Drug Elimination 
Program (PIHDEP). The tribe requested an extension so that they 
would have additional time to complete an environmental design 
project to eliminate crime in the RSIHA developments which involved 
installing wire fencing around three playground areas in the 
community.
    Nature of Requirement: The regulations state that any funds not 
expended at the end of the grant term shall be remitted to HUD. The 
regulations also state that the maximum extension allowable for any 
program period is six months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 9, 2000.
    Reason Waived: Based on the narrative justification that was 
submitted to the Deportment on behalf of the Gila River Housing 
Authority and submission of required documents, good cause was found 
to waive the extension/grant term requirements of 24 CFR 
761.30(1)(b),(2) and (4).

     Regulation: FY 1996 Notice of Funding Availability 
(NOFA), Economic Development and Supportive Services (EDSS) section 
(3)(f).
    Project/Activity: A request as made by the Cherokee Nation to 
waive the grant term requirement for the Economic Development and 
Supportive Services (EDSS) program that all funds must be expended 
within three years of the effective date of the grant agreement. The 
Cherokee Nation experienced significant, unexpected delays caused by 
their proposed partner who needed additional time in obtaining the 
required community charter approvals for the expansion of the credit 
union in Tahlequah, Oklahoma. The Cherokee Nation had also proposed 
in their Indian Housing Plan to use their proceed of sales funds to 
purchase and renovate the proposed credit union facility, but were 
informed by the SPONAP that this was an ineligible affordable 
housing activity.
    Nature of Requirement: The grant term requirement for the 
Economic Development and Supportive Services (EDSS) program, as 
provided in the Fiscal Year 1996 NOFA, states that all funds must be 
expended within three years of the effective date of the grant 
agreement. The language in the NOFA also states that grant terms may 
not be extended without substantial good cause (circumstances 
reasonably unforeseen and reasonably beyond the grantee's control) 
and subject to HUD approval.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: March 21, 2000.
    Reason Waived: Based on the narrative justification submitted to 
the Department on behalf of the Cherokee Nation and submission of 
required documents, good cause was found to waive the grant term 
requirements stated in the EDSS NOFA.
    B. For further information about the following waiver actions, 
contact Sonia L. Burgos, Director, Community Safety and Conservation 
Division Department of Housing and Urban Development, Room 4206, 451 
Seventh Street, S.W., Washington, DC 20410-5000 (202) 708-1197 (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.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) was requested to 
extend a 1997 PHDEP Grant for the Lancaster City Housing Authority 
(LCHA), Pennsylvania.
    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: January 20, 2000.
    Reason Waived: LCHA's prevention program was delayed while they 
searched for and hired a new PHDEP contractor and staff for the 
program. The waiver is for 6 months from the date the grant 
agreement (HUD-1044) is modified and signed by both parties.

     Regulations: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) was requested to 
extend the PHDEP 1997 grant for the Housing Authority of the City of 
Key West (KWHA), Florida.
    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: January 24, 2000.
    Reason Waived: Implementation of the PHDEP grant was delayed as 
a result of litigation surrounding the Campus South educational 
project. Additionally, the Girls and Boys Club terminated its 
contract due to the lack of community support and additional 
operating funds. KWHA plans to utilize the remaining grant funds for 
the provision of drug prevention activities targeting the youth 
population.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) to extend the PHDEP 
1996 grant for Bethlehem Housing Authority (BHA), Bethlehem, 
Pennsylvania.
    Nature of Requirement: HUD's regulation at 24 761.30(b) provides 
that terms of the grant agreement may not exceed 12 months for the 
Assisted Housing Program, and 24 months for the Public Housing 
Program, unless an extension is approved by the local HUD Office or 
local HUD Office of Native American Programs. This section also 
provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: January 29, 2000.
    Reason Waived: The BHA is requesting this waiver to expend the 
remaining PHDEP funds under budget line item 9110 (Reimbursement of 
Law Enforcement). Due to contractual problems and the loss of 
essential personnel the BHA encountered delays in the implementation 
of the PHDEP schedule.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Public Housing Drug Elimination Program 
(PHDEP) Grant #M128DEP0090197. Waiver of 24 CFR 761.30(b) to extend 
a 1997 Set-Aside PHDEP grant for Flint Housing Commission (FHC), 
Flint, Michigan.

[[Page 44933]]

    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 3, 2000.
    Reason Waived: FHC experienced problems in obtaining proposals 
for installation security cameras and security doors. It was 
necessary to tender a new RFP for additional proposals. FHC expended 
time to resolve issues before awarding a contract. By the time all 
this was completed the grant reached termination. FHC has advised 
that it can complete the activity in 6 months if granted a waiver.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Public Housing Drug Elimination Program 
(PHDEP) Grant #MI28DEP0090198. Waiver of 24 CFR 761.30(b) was 
requested to extend a 1998 PHDEP grant for Flint Housing Commission 
(FHC), Flint, Michigan.
    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 3, 2000.
    Reason Waived: FHC was not able to complete the computer 
learning center relocation, special programs, and fully fund the 
security guard services due to the grant funds not being available 
until January 1999.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) was requested to 
extend the PHDEP 1997 grant for Bethlehem Housing Authority (BHA), 
Bethlehem, Pennsylvania.
    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 25, 2000.
    Reason Waived: The BHA is requesting this waiver to expend the 
remaining funds ($97,807) that they were unable to spend because of 
contractual problems encountered and the loss of essential 
personnel.

     Regulation: 24 CFR 761.30(b)
    Project/Activity: Public Housing Drug Elimination Program 
(PHDEP) Grant #NM00DEP0090197. Waiver of 24 CFR 761.30(b) was 
requested to extend the PHDEP 1997 grant for Santa Fe Civic Housing 
Authority (SCHA), Santa Fe, New Mexico.
    Nature of Requirement: Section 761.30(b) provides that terms of 
the grant agreement may not exceed 12 months for the Assisted 
Housing Program, and 24 months for the Public Housing Program, 
unless an extension is approved by the local HUD Office or local HUD 
Office of Native American Programs. This section also provides that 
the maximum extension that may be approved by the local offices is 6 
months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 25, 2000
    Reason Waived: SCHA experienced numerous turnovers of personnel, 
which delayed the timely drawdown of PHDEP funds. SCHA also 
experienced jurisdictional issues between the district and the 
municipality causing additions delays.

     Regulation: 24 CFR 761.30(b)
    Project/Activity: South Charleston Housing Authority, South 
Charleston, West Virginia. Waiver of 24 CFR 761.30(b) was requested 
to extend the PHDEP 1998 grant for South Charleston Housing 
Authority, South Charleston, West Virginia (SCHA).
    Nature of Requirement: Section 761.30(b) provides that terms of 
the grant agreement may not exceed 12 months for the Assisted 
Housing Program, and 24 months for the Public Housing Program, 
unless an extension is approved by the local HUD Office or local HUD 
Office of Native American Programs. This section also provides that 
the maximum extension that may be approved by the local offices is 6 
months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 28, 2000
    Reason Waived: The SCHA requested an extension to their 1998 
grant to use PHDEP funds (approximately $7,163.00) to conduct 
classes at the agency's new on-site computer lab. These classes will 
enable the adults to enhance their computer skills. Also, school age 
children will be granted access to the lab for the purpose of 
preparing reports for class reports for class assignments.

     Regulation: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) to extend the PHDEP 
1997 grant for Delaware State Housing Authority, Delaware County, 
Pennsylvania.
    Nature of Requirement:
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 28, 2000.
    Reason Waived: The Delaware State Housing Authority (DSHA) seeks 
this waiver so that contractors can expend all appropriated PHDEP 
funds. Since program costs were not as high as anticipated under Law 
Enforcement they have $6,225 remaining and under Drug Prevention 
$17,035.99 for an overall total of $23,260.99.
     Regulation: 24 CFR 761.30(b).
    Project/Activity: Waiver of 24 CFR 761.30(b) was requested to 
extend the PHDEP 1997 grant for Providence Housing Authority (PHA), 
Providence, Rhode Island.
    Nature of Requirement: HUD's regulation at 24 CFR 761.30(b) 
provides that terms of the grant agreement may not exceed 12 months 
for the Assisted Housing Program, and 24 months for the Public 
Housing Program, unless an extension is approved by the local HUD 
Office or local HUD Office of Native American Programs. This section 
also provides that the maximum extension that may be approved by the 
local offices is 6 months.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: March 30, 2000.
    Reason Waived: The PHA has achieved substantial cost savings in 
its FY 1997 PHDEP Program. The unanticipated savings resulted in the 
PHA making adjustments to its grant activities and delivery of 
programs. Adding to this is the fact that the PHAs fiscal date is in 
conflict with the HUD's grant execution date. The grant execution 
date was in December and the PHA's fiscal date had already started 
six months prior. This extension will allow for closure of this 
grant and coincide with the PHA's fiscal year.
    C. For further information about the following waiver action, 
contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, 
Department of Housing and Urban Development, Room 4210, 451 Seventh 
Street, SW., Washington, DC 20410, (202) 708-0477 (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.

     Regulation: 24 CFR 982.306(d).
    Project/Activity: Warren Metropolitan Housing Authority, Ohio, 
Section 8 voucher program.
    Nature of Requirement: The regulation limits the circumstances 
under which a landlord could 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: January 27, 2000.
    Reason Waived: Approval of the waiver prevented a hard-to-house 
family that had completed the transitional housing program from 
becoming homeless by allowing the family to lease a unit from a 
relative. There were no other units available in the public housing 
agency's jurisdiction large enough to accommodate the family.
    D. For further information about the following waiver actions, 
contact: Regina McGill, Director, Funding and Financial Management 
Division, Office of Public and Assisted Housing Delivery, Office of 
Public and Indian Housing, Department of Housing and Urban 
Development, Room 4216, 451 Seventh Street, SW., Washington, DC 
20410, (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.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Housing Authority of the County of Kern, CA. A 
request was made to permit the Authority to benefit from energy 
performance contracting for developments

[[Page 44934]]

which have tenant-paid utilities. 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.
    Nature of Requirement: Under 24 CFR part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to 
energy performance contracting currently applies to only PHA-paid 
utilities. The Housing Authority of the County of Kern has both PHA-
paid and tenant-paid utilities.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 2, 2000.
    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 Housing Authority 
of the County of Kern 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 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Housing Authority of the County of Kern, CA. A 
request was made to permit the Authority to benefit from energy 
performance contracting for developments which have tenant-paid 
utilities. 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.
    Nature of Requirement: Under 24 CFR part 990, Performance 
Funding System (PFS) energy conservation incentive that relates to 
energy performance contracting currently applies to only PHA-paid 
utilities. The Housing Authority of the County of Kern has both PHA-
paid and tenant-paid utilities.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: February 2, 2000.
    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 Housing Authority 
of the County of Kern 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 
implementation of the measures) for the project(s) involved for the 
duration of the contract period, which cannot exceed 12 years.

     Regulation: 24 CFR 990.107(f) and 990.109.
    Project/Activity: Housing Authority of Conway, South Carolina. A 
request was made to permit the Authority to benefit from energy 
performance contracting for developments which have tenant-paid 
utilities. 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.
    Nature of Requirement: Under 24 CFR 990, Performance Funding 
System (PFS) energy conservation incentive that relates to energy 
performance contracting currently applies to only PHA-paid 
utilities. The Housing Authority of Conway has both PHA-paid and 
tenant-paid utilities.
    Granted By: Harold Lucas, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: March 8, 2000.
    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 Housing Authority 
of Conway 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 implementation 
of the measures) for the project(s) involved for the duration of the 
contract period, which cannot exceed 12 years.

[FR Doc. 00-18163 Filed 7-18-00; 8:45 am]
BILLING CODE 4210-32-P